Bill 138
Bill Greenhalgh
CEO, HRPA
Claude Balthazard, Ph.D., CHRP
Director, HR Excellence and Registrar
J. Scott Allinson
Director, Public Affairs
Bill 138
On 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 2008-2010
as published on the HRPA web site
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Misconceptions
• Bill 138 received first reading in the
Legislature on November 23, 2010
• Unfortunately, there have a number of
incorrect or misleading statements made
about Bill 138 since then that have fueled
concerns about the Bill
• This presentation aims to correct the most
important misconceptions about Bill 138
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Concerns
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Is there a need for a new Act?
Consultation
Transportability of the designation
Powers
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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 Regulation is Needed Given
• Why is regulation needed given that HR is not
going to be licensed?
• We are not currently a licensed profession yet
we are regulated by virtue of our current act
• Not all Tier 1 professions are licensed
• Regulation is a matter of credibility not
licensure
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Consultation
• Some believe that members of the Association
should have been consulted in working out
the details of the Act
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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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Transportability
• There have been rumors 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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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-inCouncil 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
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