Presentation Transcript

1. The Registered Human Resources Professionals Act, 2013RHRPA, 2013

2. Questions Why is this such a big deal? Why did we need a new act in the first place? Why did we go for a public act? How was it decided what was going to be in the Act? What are the differences between our new Act and our old Act? What difference is this new Act going to make to the Association, its members, and the public?
3. Impact and Importance of our new Act The fact that it is a public act The specific provisions in the Act
4. Our 1990 Act Did provide statutory title protection, but was enforceable in provincial court Did make us a ‘regulatory authority’ for the purposes of the Ontario Labour Mobility Act, 2006 Did make HRPA subject to some obligations and some additional powers under the Statutory Powers Procedure Act, 1990 (SPPA) HRPA regulatory decisions were appealable to Divisional Court (a branch of the Ontario Superior Court)
5. Why a new public act, then? “A statute is a statute, and an act is an act” however… “As I mentioned above, private Acts do not confer the status and recognition of a public statute. In past times a private Act was a method for a group who had the ear of some politicians to incorporate themselves without having to complete the paperwork required under the Corporations Act.” Richard Steinecke
6. Why a public act, then? “For many people a group becomes a true profession when it is regulated under a public statute (as opposed to a private statute which, to many, only creates the status of being a “club”). The statute indicates that the government recognizes the importance of the profession to society as a whole. Society is accepting that members of the profession have shared values that place competent and ethical conduct above simply making a buck. The group moves from being an occupation to being a profession.” Richard Steinecke
7. How was it decided what was going to be in the Act? The Office of Legislative Counsel drafted the Act Our 1990 Act was virtually identical to the now obsolete General Accountants Association of Ontario Act, 1983 Our new Act is virtually identical to the accounting acts of 2010—the Chartered Accountants Act, 2010, the Certified General Accountants Act, 2010, and the Certified Management Accountants Act, 2010
8. What is in the Act? Incorporation Objects Board and governance Authority to enact by-laws Title protection Basic regulatory framework Other matters
9. Act and By-laws In many places, the Act provides only a framework or sketch, the details of which need to be specified by by-law By-laws are passed by the Board but must be ratified by the membership at the next general meeting The by-laws must respect the Act nonetheless
10. Differences between New and Old Act Enables a smaller board We get three Lieutenant Governor in Council appointees on the Board HRPA will be exempt from the Ontario Not-for-profit Corporations Act, 2010 (yet to be proclaimed) The Association’s objects now explicitly reference the promotion and protection of the public interest (used to be implicit)—in fact, promotion and protection of the public interest becomes the #1 object of the Association
11. Differences between New and Old Act HRPA now regulates firms (when members incorporate they become firms) Title protection is now enforced by Superior Court The new Act authorizes (but does not mandate) practice inspections The new Act establishes procedures for determining whether a member of the Association is incapacitated and provides the capacity committee with the power to take steps to address any incapacity in so far as it affects a member’s practice
12. Differences between New and Old Act The new Act provides for the appointment of investigators and inspectors to conduct investigations and inspections under the Act, and sets out their powers (in regards to members, these powers were already enabled in our By-laws) The new Act makes HRPA subject to the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPACTA, which used to be known as FARPA)
13. Differences between New and Old Act Custodianship—On application by the Association, the Superior Court may order that all of part of the property in possession or control of a member be given into the custody of a custodian appointed by the court
14. Big question Q: What difference will this Act make to the public, to the Association, and to its members? A: In large part, our new Act is just an enabler. The impact that our new Act will have on the public, the Association, and its members will be the impact we want it to have
15. The win-win-win proposition The Association and the Ontario Legislature saw the new Act as a win-win-win proposition: The public wins by having better qualified and ethical HR professionals, The government wins by having some control over the practice of the HR profession and the services provided by its members but without having to maintain the special in-depth expertise required to regulate a profession that would be required under direct regulation, and The regulated HR professionals win through higher status, better professional opportunities, and greater remuneration.
16. The Act is not the endgame The endgame is an HR profession that is as credible, valued, and recognized as other professions such as accounting We are not there yet Getting a public act was necessary but not sufficient for HR to continue making progress towards this goal It is up to us, Association and members, to leverage this new Act to make it happen