Bill GreenhalghCEO, HRPA

Claude Balthazard, Ph.D., CHRPDirector, HR Excellence and Registrar

J. Scott AllinsonDirector, Public Affairs

Bill 138

Bill 138

PreambleOn November 23rd, 2010, the government of Ontario introduced Bill 138

the “Registered Human Resources Professionals Act, 2010” which will replace the existing “Human Resources Professionals Association of Ontario Act, 1990”.

HRPA members have long asked for seat at the table, as a credible participant. As business practices, economic conditions and workforce composition and employee expectations all become more complex and interrelated, HRPA’s members are at the centre of this rapid change. It is vital that HRPA members have a vehicle to evolve and deliver credible HR management that will create and foster success in Ontario workplaces.

The government of Ontario also believes this, and wants to see HRPA and its members evolve into credible, trustworthy advisors to them and stakeholders. Bill 138 represents their testament to the credibility and professionalism of our members.

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Not Something that Happened Overnight

But this evolution did not take place overnight, it is a process and the steps in that process are outlined in our strategy.

Two years ago, the HRPA Board created a strategy that was completely focused on supporting members’ careers by building the credibility of HRPA, our members and the profession with all stakeholders. That strategy has been reviewed in many meetings, posted on the website, and communicated with Chapters and members.

The strategy for obtaining a “Public Act” to came alive in the fall of 2009, when lobbying began in earnest with the creation of the HR LNX grassroots advocacy program, a chapter and member engagement initiative that focused on lobbying for a “Public Act”.

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HRPA Strategy 2008-2010as published on the HRPA web site

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Quid pro Quo

• In exchange for the willingness to abide by rules of professional conduct and to be held accountable to these rules of professional conduct, members of regulated professions enjoy privileged status

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The Profession accepts the obligations and responsibilities

of regulation

In return, the Profession is given the status and privilege of being a true profession and the

powers to regulate itself

We Have to Give to Get

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What’s In It for HRPA Members?

Status and credibility as professionals

Market preference for regulated professionals

Greater influence on public policy

More control over our own destiny as a

profession

Increased attractiveness of HR as a career choice

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Questions

• Is there a need for a new Act?• Why wasn’t there more consultation?• Won’t it impact the transportability of the

designation?• Do we really need all those powers?

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Is there a need for a new Act?

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Public Interest

• The actions of incompetent, unethical, and/or incapacitated HR professionals can have a serious negative impact on employers, clients, employees, their families

• HR professionals are the implementers of workplace legislation, the effectiveness of workplace legislation depends on HR professionals

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A Tier 2 Profession

• Make no mistake about it, HR is a ‘second class citizen’ within the regulated professions

• HRPA is a regulatory authority (ref. Ontario Labour Mobility Act, 2009), but we are in the second tier (or Group 2 as the MTCU puts it)

• We are in the same group as Road Supervisors, Translators and Interpreters, Graphic Designers, Interior Designers, Home Inspectors, Property Standards Officers, Veterinary Technicians, Professional Planners, and Music Teachers

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A Public Act is the Only Way

• Becoming a Tier 1 profession would have many benefits for members of the Association (and the public)

• The only way of moving up to a Tier 1 profession is to get a public act

• We simply cannot get there with our current Act

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Not a Licensing Act

Section 2 of the proposed Registered Human Resources Professionals Act states:“This Act does not affect or interfere with the right of any person who is not a member of the Association to practise in the field of human resources.”

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Why wasn’t there more consultation?

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Why Wasn’t the Membership Consulted?

• There was involvement and engagement in deciding to pursue a public act, but once the government agreed to move forward with this, it became their initiative

• Bill 138 was drafted by the Office of Legislative Counsel

• The timing of the introduction of the Bill into the Legislature was decided by the Legislature

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The Bundle

• We asked the Government to bump us up to a Tier 1 profession

• They agreed and offered us the ‘Tier 1’ package

• Government looks at Tier 1 professional regulation as a bundle

• It cannot be that we would get all the benefits of Tier 1 regulation without the obligations

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No Interest in ‘Unbundling’

• The Government was not open to negotiating the authorities and obligations included in the Act (‘not a buffet’)

• The Government was not interested in a custom act for HR professionals

• From the perspective of Government, the profession is but one stakeholder in the process

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Members Will Have Last Say

• Although the Government is not interested in a custom act for HR professionals, many of the provisions in the Act are to be implemented according to the by-laws

• By-laws must be ratified by the membership• This is where significant consultation will

occur

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Won’t it impact the transportability of the

designation?

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Won’t Bill 138 impact the transportability of the designation?

• No• There have been rumours and innuendo that

somehow Bill 138 would make the CHRP designation not transportable either from Ontario to other provinces, or from other provinces to Ontario

• That is simply not true• In fact, Bill 138 provides for some exceptions

that are not provided for in our current Act

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HRPA’s Policy on Mutual Recognition

“HRPA will recognize any individual who has been granted the CHRP designation in any other

province as qualified for certification by HRPA without additional material training, experience,

examinations or assessments.”

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Do we really need all those powers?

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Do we really need those powers?

• The powers that would be granted to us are no different than the ones granted to other Tier 1 professions (the powers come with the bundle)

• It is also the case that most of the powers of regulation are already in the Human Resources Professionals Association of Ontario Act, 1990

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Checks and Balances

• There would be three Lieutenant Governor-in-Council appointees on HRPA’s Board

• All of our proceedings would need to be up to the standards of the Statutory Powers Procedures Act, 1990, which protect the rights of members

• We would be required to abide by the Fair Registration Practices Code being Sections II and III of the Fair Access to Regulated Professions and Compulsory Trades Act, 2006.

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A Matter of Choice

• HR professional who do not want to be regulated by HRPA have the choice of not becoming members of the Association

• Employers and clients have the choice to hire regulated or unregulated HR professionals

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Increased Value

• In other professions, such as accounting, more robust regulation has not decreased the value or career opportunities of their members

• To the contrary, more robust regulation has increased the value and career opportunities for their members

• We cannot have a strong profession without a strong regulatory body

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Added Costs• To the Association, Members? - No

– Much of the machinery of regulation already in place at HRPA– Being self-regulated means that much of the regulatory work

is done by members who are volunteers

• To Organizations? – No– Today, organizations hire Certified Professionals in all functions

because hiring the best qualified people is a vital Talent Strategy

– They represent a investment in the organization’s future, its growth and risk mitigation

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Why Are We Doing This?

• Bill 138 represents a significant breakthrough for the HR profession in Ontario

• It will be good for our members careers• It will allow us to better compete as a

profession• It will increase the influence of the HR

profession in matters of governmental policy

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Questions