OOTR 2018 Spring webinar series The webinar will begin shortly

Transcription

1 OOTR 2018 Spring webinar series The webinar will begin shortly Office of the Registrar

2 OOTR 2018 Spring webinar series Office of the Registrar

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

4 Office of the Registrar 2018 Spring webinar series Thursday, April 12, 2018 Thursday, April 19, 2018 The mission and mandate of the HRPA Professional regulation free-for-all 3

5 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

6 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

7 Series of articles 47

8 The mission and mandate of the HRPA April 12, 2018

9 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 Five misconceptions about HRPA s mission and mandate What is mission and mandate again? 7

10 HRPA members and students are not clear about HRPA s mission and mandate In February 2018, HRPA conducted phone interviews with 100 randomly selected members and students

11 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

12 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

13 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

14 Examples of mission statements from other professional regulatory bodies in Ontario The Law Society of Ontario 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 Ontario 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

15 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

16 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

17 Interesting fact Our mission statement is not our mission

18 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

19 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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21 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

22 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

23 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

24 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

25 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 make the promotion and protection of the public its paramount focus he 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

26 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

27 Just to be clear about the deal Like all deals, there is a give and a get To move forward as a profession and 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

28 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

29 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

30 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

31 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

32 Intent/Purpose Enhanced legitimacy as a profession Status Recognition Stakeholder role Reputation Support Consistency Authority v Although the purpose and mandate of HRPA is to promote and protect the public interest, this doesn t mean that the profession and its members don t benefit from having a professional regulatory body The profession is seen to live up to its end of the social contract with society Carrying out the Objects u Collateral benefits for members Use of restricted titles Enhanced knowledge, skills, and competence Sense of community with other like-minded professionals Opportunities to make a contribution to the profession Consultation with and guidance on ethical and practice-related questions

33 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

34 Collateral benefits 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

35 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

36 The paradox of professional regulation The benefits to the profession and its members are collateral benefits 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 It is in the ultimate interest of Human Resources professionals to establish and maintain a professional regulatory body that is fully and completely dedicated to promoting and protecting the public interest 31

37 What HRPA is not Five misconceptions about the mission and mandate of the HRPA

38 HRPA is not a dual object or dual mandate organization HRPA s mission and mandate is to promote and protect the interests of the public and not to promote and protect the interests of its members Dual object organizations do exist in some provinces, but not in Ontario The Ontario Legislature did not intend HRPA to be a conflicted organization serving two masters The Objects are complex but should not be understood as a duality 33

39 HRPA is not 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 (because HRPA had asked for 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

40 HRPA cannot 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 only when there is a conflict that the interests of the public must come first. That is not a correct way of looking at things. It is not a hierarchy of interests. 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

41 HRPA is not 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 never permitted to act outside the boundaries of its objects ( ultra vires ) 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 from doing 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

42 37 The goal is not to find the right balance between the interests of the public and those of the members is not correct 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

43 What HRPA is not five misconceptions 1. HRPA is not a dual object or dual mandate organization 2. HRPA is not an association but with extra powers 3. HRPA cannot serve the interests of its members even if it doesn t conflict with the interests of the public 4. HRPA is not free to do whatever else it wants to do as long as it does what it is required to do by the Act 5. It is not correct to think in terms of balancing the interests of the public with those of members 32

44 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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46 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 their members instead of promoting and protecting the public interest 43

47 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

48 48 Questions

49 Suggestions for webinar topics? Feedback? 49