Law Times

Law Times • February 28, 2011 FOCUS PAGE 11 Bill seeks greater regulation for HR staff Private member's proposal would put HRPA on par with bodies like LSUC BY ROBERT TODD Law Times H uman resources work- ers have their eyes on a private member's bill introduced late last year in the Ontario legislature that would give more teeth to regulation of the profession. Bill 138, the proposed reg- istered human resources pro- fessionals act, was introduced last November. It would create a more structured approach to the regulation of human resources professionals and includes the provision of self- regulatory powers to the Hu- man Resources Professionals Association, which was created under the Human Resources Professionals Association of Ontario Act in 1990. Willowdale Liberal MPP David Zimmer introduced the bill that includes a long list of provisions for how human re- sources professionals could be regulated. It would create a set of pro- fessional designations to identi- fy members of the HRPA with the misuse of the titles lead- ing to fi nes of up to $25,000. A complaints and disciplin- ary process would lead to the opportunity for costs awards. Practice inspections are pro- vided for, and obstruction of investigators could lead to a $25,000 fi ne as well. Meanwhile, the HRPA would have wide-ranging pow- ers to deal with members who have been found guilty of professional misconduct and could assign custodianship of a member's practice or terminate membership. Zimmer, who is a lawyer by trade, says leaders of the HRPA requested he introduce the legislation. "Th ey were very keen to move from their cur- rent regime — which is a title- protection regime, it is not a self-regulatory body — to the next step," he notes. Zimmer decided to take on the issue based on the im- portant role human resources professionals play in helping maintain and improve work- places across the province. "It supports what we're try- ing to do here by making On- tario a place where employers want to do business because of the calibre of the workforce and really where people want to move and settle because they want to be professionals and work in a great environ- ment," he says. "So why not professionalize the relationship a little more?" Zimmer says he senses "good support" from both sides of the legislature for the bill. But he acknowledges there's a tight slot of time to adopt the provisions before the house closes for the Oct. 6 provincial election. Claude Balthazard, director of HR excellence and registrar at the HRPA, explains that the existing legislation from 1990 LT0228 www.lawtimesnews.com is a private act making the as- sociation a regulating authority that places it on a secondary tier of self-regulated profes- sions. Bill 138 would hoist it to the fi rst tier in line with other institutions such as the Law Society of Upper Canada. Th e signifi cance of the shift is refl ected in the fact that the HRPA has heard from some human resources profession- als who previously had no idea that they were regulated at all. Balthazard cites the audience response he often receives at presentations when he asks human resources professionals whether they've read the cur- rent act. "Typically, less that two per cent did," he says. "Some of the questions that came back were, 'What act?' So one of the issues we had in terms of regulatory aff airs was that a lot of our members just never paid attention." Bill 138, of course, has cer- tainly made people more aware of professional standards and obligations. At the same time, it's arguable that the proposed legislation will transform the human resources fi eld from an occupation to a profession. It's a leap that may be long over- due considering the role hu- man resources professionals play in the modern workplace. "More and more companies, HR professionals, and govern- ments want HR professionals to have a bigger role at the table in the sense that they see them as a strategic and vital piece to corporate planning," explains HRPA public aff airs director Scott Allinson. Paul Broad, a partner at Hicks Morley Hamilton Stew- art Storie LLP's London, Ont., offi ce, notes that employers need to take note of the signifi - cant powers the proposed leg- islation places on the HRPA as shift to a more structured re- gime needs to be considered, particularly given the unique role human resources staff play in the workplace. "To a certain degree, they're probably embedded more in the day-to-day operations than a lot of professionals would otherwise be," Broad points out. "In most cases, they will be the face of the employer for the other employees of the organization and have a signifi - cant say and role in developing internal policies." But while the bill has caught Employers should take note of the proposed legislation, says Paul Broad. it could aff ect their operations, particularly if one of their workers faces disciplinary pro- ceedings. While the regulation of employees is nothing new for businesses, the proposed the attention of Ontario's hu- man resources industry, it re- mains unclear whether it will come to fruition. "It's an interesting develop- ment at this stage," says Broad. "Th e one big issue that I sup- pose no one can predict is what the government will do with the bill and what will happen in an election year." FOR BETTER OR FOR WORSE: A PRACTICAL GUIDE TO CANADIAN EMPLOYMENT LAW, THIRD EDITION FULLY REVISED AND UPDATED! FROM START TO FINISH, A COMPREHENSIVE AND PRACTICAL GUIDE TO THE COMPLETE EMPLOYMENT RELATIONSHIP This text is an easy-to-read reference on employment law issues across Canada. 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