OOTR 2017 Fall webinar series The webinar will begin shortly

Transcription

1 OOTR 2017 Fall webinar series The webinar will begin shortly Office of the Registrar

2 Claude Balthazard, Ph.D., C.Psych., CHRL Vice-president Regulatory Affairs and Registrar Human Resources Professionals Association 2

3 Office of the Registrar 2017 Fall webinar series Thursday, October 26, 2017 Wednesday, November 8, 2017 Thursday, November 30, 2017 The mission and mandate of the HRPA Licensure for HR: What s the scoop The transition from unregulated profession to regulated profession 3

4 Housekeeping Webinar will be recorded and posted online; the PowerPoint slides will also be posted The full transcript of the entries in the chat window will be posted with names removed and with answers to questions The CPD code for this webinar will not be given in the webinar itself, rather it will be sent to each webinar attendee as part of the post-webinar survey 4

5 Questions involving specific individual circumstances This webinar is not the appropriate place and time to address specific individual circumstances Sometimes the correct answer depends on some details that are not provided with the question Please contact the Office of the Registrar with questions involving specific individual circumstances 5

6 The mission and mandate of the HRPA October 26, 2017

7 Topics HRPA s mission statement Examples of mission statements from other professional regulatory bodies in Ontario Where did HRPA s mission and mandate come from? HRPA s mission and mandate is part of a deal with the Ontario Legislature A closer look at the fine print Six misconceptions about HRPA s mission and mandate What is mission and mandate again? 7

8 Some definitions from the internet Mission statement Nonprofit mission statements define a nonprofit organization; they state what your organization does and whom it serves. Mandate an official order or commission to do something. 8

9 HRPA s mission statement A regulatory association that sets the standards of learning, competence and conduct for members to enhance the standing of the human resources profession and protect the public. 9

10 Examples of mission statements from other professional regulatory bodies in Ontario CPA Ontario protects the public interest by ensuring its members meet the highest standards for integrity and expertise. CPA Ontario The Mission is clear from the Early Childhood Educators Act, 2007, which is unequivocal about the purpose of the College and the functions it must perform: The College of Early Childhood Educators regulates the profession of early childhood education in the public interest. College of Early Childhood Regulators Regulate and advance the practice of engineering to protect the public interest. Professional Engineers Ontario 10

11 Examples of mission statements from other professional regulatory bodies in Ontario The Law Society of Upper Canada governs Ontario s lawyers and paralegals in the public interest by ensuring that the people of Ontario are served by lawyers and paralegals who meet high standards of learning, competence and professional conduct. Law Society of Upper Canada Regulating nursing in the public interest. College of Nurses of Ontario Build and maintain an effective system of self-governance. The profession, through and with the College, has a duty to serve and protect the public interest by regulating the practice of the profession and governing in accordance with the Regulated Health Professions Act. College of Physicians and Surgeons of Ontario 11

12 Examples of mission statements from other professional regulatory bodies in Ontario The College regulates the teaching profession in Ontario in the public interest by setting and enforcing high ethical and professional standards. Ontario College of Teachers To guide, govern and inspire excellence in the profession through partnerships with veterinarians and the public in the service of society. Ontario College of Veterinarians The Royal College of Dental Surgeons of Ontario is the statutory governing body for dentists in Ontario that protects the public s right to quality oral health services by providing leadership and education to the dental profession in regulation. Royal College of Dental Surgeons of Ontario 12

13 Mission statements are different for not-forprofit corporations For-profit corporations are not required to have a mission statement, but not-for-profit corporations are required to set out a mission (objects or purposes) as part of their articles of incorporation For not-for-profit corporations, missions define the corporation Not-for-profit corporations are legally bound to act within the scope of their mission In fact not-for-profit corporations do not have the powers of a natural person except to carry out their mission 13

14 Mission and mission statement The term Mission, when used in the context of this presentation, is intended to be read as another word for objects. It is not intended to refer to the mission statement of an organization, which may be different from the objects of the organization and as such can create considerable confusion. In this regard, it is important that if an organization has a Mission Statement, the Mission Statement is coordinated and made subject to and consistent with the actual objects of the organization. 14 Terrance S. Carter and Barry W. Bussey. (October 26, 2012). Mission drift and Corporate Objects, Church Law Bulletin No. 42

15 Mission and mission statement The mission is not the same thing as the mission statement The true mission of a not-for-profit corporation is defined by is objects not its mission statement The mission statement should be faithful to the objects Should there be any divergence in meaning, the Objects is the true mission 15

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17 Creature of statute HRPA is not an ordinary not-for-profit corporation HRPA was created by an Act of the Legislature the Registered Human Resources Professionals Act, 2013 HRPA s objects (its mission) are set out in Section 4 of the Act The mission and mandate of the HRPA was given to it by the Ontario Legislature by statute HRPA cannot, of its own motion, add to, subtract from, or modify its objects (it would take an act of the Legislature to do that) 17

18 Objects limit as much as they enable The Objects enable, but they also limit HRPA is not permitted to act outside the scope of its objects So it is important to understand the Objects 18

19 HRPA s Mission and mandate is part of a deal The profession agrees to create and maintain a professional regulatory body which mission and mandate is to manage the profession in the public interest Give to Get The extraordinary privilege of self-regulation (with all its consequential benefits for the profession and its members) 19

20 The Act is a deal between HRPA and the Ontario Legislature As its part of the deal, HRPA accepted a new mission and mandate which is to manage the profession in the public interest The purpose of the Act was not to grant regulatory powers to HRPA but to create a professional regulatory body The powers were granted to HRPA to help it carry out its mission and mandate What is truly important here is the mission and mandate not the powers 20

21 Just to be clear about the deal The profession would not have been granted the privilege of self-regulation if HRPA had not agreed to take on public protection as its only mission and mandate The Ontario Legislature does not offer this deal to many professions In fact, it is quite an achievement that the Human Resources profession was offered this deal HRPA was not coerced into this deal. The deal was not imposed upon the profession. On behalf of the profession, HRPA lobbied the Ontario Legislature for this deal. 21

22 Just to be clear about the deal The reason why the Ontario Legislature offered this deal to the Human Resources profession was not because doing so would be of benefit to Human Resources professionals but because it believed that there were risks of harm to the public stemming from the practice of Human Resources management and that the best way to manage such risks was to regulate the profession. 22

23 Just to be clear about the deal Like all deals, there is a give and a get To get the privilege of self-regulation, HRPA agreed to be an organization that serves the public interest and not the interest of its members 23

24 A closer look at the fine print 4. The objects of the Association are, (a) to promote and protect the public interest by governing and regulating the practice of members of the Association and firms in accordance with this Act and the by-laws, including, (i) (ii) establishing, maintaining, developing and enforcing standards of qualification, establishing, maintaining, developing and enforcing standards of practice, (iii) establishing, maintaining, developing and enforcing standards of professional ethics, (iv) establishing, maintaining, developing and enforcing standards of knowledge, skill and proficiency, and (v) regulating the practice, competence and professional conduct of members of the Association and firms; (b) to promote and increase the knowledge, skill and proficiency of members of the Association, firms and students; (c) to promote and protect the welfare and interests of the Association and of the human resources profession; (d) to promote inter-professional collaboration with other professional bodies; (e) to address any other matter that relates to the regulation of its members that the Board considers appropriate. 24

25 Interpreting the Objects Unfortunately, the Objects are written in statutory speak The Objects include some broad statements as well as some specific things that HRPA must do As with any other written document, there is some room for interpretation, but only some and there are established rules of statutory interpretation. This room for interpretation should not be abused however Based on the rules of statutory interpretation, it is clear that the Legislature intended HRPA to be a professional regulatory body which purpose is to promote and protect the public interest and not an advocacy body or association which purpose is to serve the interests of its members 25

26 Key points There is no language in HRPA s Objects that would support the idea that HRPA can serve the interests of its members (which does not mean, however, that members cannot benefit from actions taken in the service of the public protection mandate). The Ontario Legislature did not intend HRPA to serve two masters. HRPA s true mission and mandate is not to serve the interests of its members but to serve the public by ensuring that the professionals registered with HRPA practice the profession in a competent and ethical manner 26

27 Intent and benefit Just because HRPA s mission and mandate is to promote and protect the public interest does not mean that professionals registered with HRPA do not enjoy benefits from being members of a regulated profession The deal was a give-to-get if there wasn t something in it for the profession and its members, HRPA would not have pursued the deal 27

28 Benefits for the profession and its members Richard Steinecke, the most respected legal counsel in the area of professional regulation, in reviewing the then proposed legislation, listed seven benefits for the profession of accepting the self-regulation deal: Status The statute indicates that the government recognizes the importance of the profession to society as a whole. Recognition Public awareness of a profession and its role in society increases exponentially when the profession achieves statutory regulation status Stakeholder role Once a profession is recognized by a public statute, government and other policy and decision-makers will consult with it on issues. Reputation Having an effective way of dealing with incompetent, unprofessional or incapacitated members is essential to preserving and improving the reputation of the profession. Support There are occasions where employers and clients of a practitioner try to pressure the practitioner to cut corners or do something that is unethical. Consistency Having a statutory body with effective regulatory tools can ensure that all members are effectively regulated to the same standard. Authority A statutory regulatory body can issue guidelines and standards that have clear authority. The authority resonates not just within members but also with the other groups dealing with members. 28

29 In addition In addition, many things that professional regulatory bodies do in the public interest are also of benefit to the members of the profession For instance, promoting the value of hiring or engaging regulated Human Resources professionals as opposed to unregulated Human Resources professionals is in the interest of the public but is also of benefit to the members Promoting and increasing the knowledge, skill and proficiency of members of the Association, firms and students is in the interest of the public but is also of benefit to the members 29

30 Unique value proposition The increased legitimacy that the grant of self-regulation gives to a profession and its members is something that an association which acts in the interests of its members can never match 30

31 The paradox of professional regulation The benefits to the profession and its members are side-effects of making the promotion and protection of the public our paramount objective and concern If we push for the regulatory body to serve the interests of its members in a direct way, the whole deal falls apart The whole deal is based on enlightened self-interest 31

32 What HRPA is not five misconceptions 1. HRPA is dual object or dual mandate organization and all that is required is to have a robust firewall between those parts of the organization that serve the members and those that serve the public 2. HRPA is an association but with extra powers as a result of the Act 3. HRPA can serve its members as long as it doesn t conflict with the interests of the public 4. HRPA is free to do whatever else it wants to do as long as it does what it is required to do by the Act 5. The key is to find the right balance between the interests of the public and the interests of the members 32

33 HRPA is a dual object or dual mandate organization HRPA is not a dual object or dual mandate organization These kinds of organizations do exist in some provinces, but not Ontario The Objects are complex but should not be understood as a duality The Ontario Legislature did not intend HRPA to be a conflicted organization serving two masters The Ontario Legislature intended for an harmonious interpretation of the objects 33

34 HRPA is an association but with extra powers as a result of the Act When the Act was passed, the Ontario Legislature gave HRPA a brand new set of objects, a new mission and mandate (and HRPA accepted this new mission and mandate) The objects and the powers go hand in hand. The Legislature would not have delegated these powers unless HRPA also accepted the promotion and protection of the public interest as its core mission. It is not correct to think of HRPA as having new powers bolted on to an old mission and mandate. HRPA is not an association with extra powers, it is a professional regulatory body. 34

35 HRPA can serve its members as long as it doesn t conflict with the interests of the public The idea here is that HRPA can serve its members as long as it doesn t conflict with the interests of the public that when there is a conflict the interests of the public must come first. That is not a correct way of looking at things. HRPA does not have any mandate to serve the interests of its members, even if doing so does not conflict with the interests of the public. HRPA s mission and mandate is a positive one and not a negative one. HRPA s mission and mandate is to promote and protect the public interest not to do nothing that would conflict with the public interest. However, serving the public means doing things that some may think of as serving members 35

36 HRPA is free to do whatever else it wants to do as long as it does what it is required to do by the Act Again, HRPA is not permitted to act outside the boundaries of its objects. Compliance with the Act does not free HRPA to do other things which would fall outside the scope of the Objects no other things are permitted (In fact the Act prohibits HRPA do do things that are not in furtherance of the objects. Bu pursuing these other objectives, HRPA would not be in compliance with the Act.) HRPA s mission and mandate is to do the best it can to see to it that the potential harms to the public stemming from the practice of the profession are minimized, not to do the minimum it has to comply with the Act. 36

37 The key is to find the right balance between the interests of the public and those of the members Again, it is not a matter of balance, HRPA does not have a mandate to serve the interests of its members. This doesn t mean that HRPA does not have to juggle priorities and resources, but in regards to mission and mandate promoting and protecting the public interest is paramount 37

38 Sidebar on the word association In the professional world, the term association is often used to refer to professional organizations that serve the interests of their members, and professional regulatory body is used to refer to professional organizations that serve the interests of the public But that is not always the case, some associations are the regulatory bodies for their profession It is the objects that determine what an organization is or is not, not the fact that the word association appears in its name 38

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40 Professional regulation if often misunderstood Some members react negatively to the whole idea of regulation but it is not clear that these members have a complete understanding of what professional regulation is or means Some members react negatively to the idea that HRPA does not have a mandate to serve its members but it is not clear that these members understand how serving the public also serves the members We are going to need to get more sophisticated in how we think of such matters 40

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43 HRPA s mission and mandate is a challenging one We are living in a time of increased public distrust in professions and self-regulation Simply, the public is increasingly skeptical of the willingness or ability of professional regulatory bodies to regulate their members in the public interest The public is prone to believe that professional regulator bodies will act to protect their members and forward the interests of the profession and its members instead of promoting and protecting the public interest 43

44 As we go forward We need to understand the expectations that the public has of the profession and its members We need to understand what members need to be able to deliver on these expectations We need to be seen as acting in the public interest at all times We need members to understand how serving the interests of the public also serve the interest of the members 44

45 Next webinars in this series Licensure for HR: What s the scoop? Wednesday, November 8, 2017 If there is one topic that always come up in any discussion of the regulation of Human Resources, its licensure. What most members think about when they think of licensure is that only certified Human Resources professionals would be authorized to practice Human Resources, but in reality licensure is somewhat more complex than that, and there are different variations on the concept of licensure. Some may be surprized to learn that a limited form of licensure has already come to Human Resources and that this may be a model for the future. The transition from unregulated profession to regulated profession Thursday, November 30, 2017 The Human Resources profession in Ontario is at the beginning of a transition from being an unregulated profession to being a regulated profession. The passage of the Registered Human Resources Professionals Act, 2013, was really just the beginning of the transition. So what does this transition entail? To be somewhat simplistic about it, members are going to have to get used to being regulated, and HRPA is going to learn how to govern and regulate a profession. This webinar will consider various dimensions of this transition. 45

46 Previous related webinars available on-demand Decoding HRPA s objects HRPA s metastrategy The Registered Human Resources Professionals Act: The first three years The Costs and Obligations of Professionhood Self-regulation: Why it is important, why should you care, and what it should mean to you? Let s Talk About The Public Interest Professional Regulation at HRPA The requirement to notify the Registrar of bankruptcies and insolvency events 46

47 Series of articles 47

48 48 Questions

49 Suggestions for webinar topics? Feedback? 49