Registered Human Resources Professionals Act, 2012 Zimmer, David Elliott, Christine Prue, Michael — Bill 28 (40th Parliament, 1st Session)

Bill 28, 40-1

Ontario — Bills

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Bill 28, Registered Human Resources Professionals Act, 2012

Zimmer, David

Elliott, Christine

Prue, Michael

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[40] Bill 28 Original (PDF)

Bill 28 2011

An Act respecting the Human Resources Professionals

Association

Note:

This Act amends or repeals more than one Act. For the legislative history of a

consolidated public Act, see the Table of Consolidated Public Statutes –

Detailed Legislative History at www.e-Laws.gov.on.ca. For the legislative

history of a private Act, see the Table of Private Statutes – Legislative

History Overview at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions and

Interpretation

Definitions

1. In

this Act,

"appeal committee" means the appeal committee established by the

by-laws; ("comité d'appel")

"Association" means the Human Resources Professionals Association; ("Association")

"Board" means the Board of Directors of the Association; ("conseil")

"by-laws" means the by-laws made under this Act; (" règlements administratifs ")

"capacity committee" means the capacity committee established by the

by-laws; ("comité de détermination de la capacité")

"complaints committee" means the complaints committee established by the

by-laws; ("comité des plaintes")

"discipline committee" means the discipline committee established by the

by-laws; ("comité de discipline")

"document" includes data and information in electronic form;

("document")

"firm" means an entity registered under

section 21 as a firm;

("cabinet")

"limited liability partnership" means a limited liability partnership as

defined in the Partnerships

Act ; ("société à responsabilité limitée")

"register" means the register established under

section 60; ("registre")

"Registrar" means the Registrar of the Association appointed by the

Board; ("registrateur")

"review committee" means the review committee established by the by-laws;

("comité d'examen")

"student" means an individual registered as a student of the Association

in accordance with the by-laws. ("stagiaire")

Interpretation – rights not affected

2. 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.

The Association

Association continued as Association

(1) The

Human Resources Professionals Association of Ontario is continued as a

corporation without share capital under the name Human Resources Professionals

in French.

Composition

(2) The Association is composed of its members.

Powers, etc., of natural person

(3) For the purpose of carrying out its objects, the

Association has the capacity and the rights, powers and privileges of a natural

person.

Implied provisions do not apply

(4) Section 92 (implied provisions for corporations) of

the Legislation Act, 2006 does

not apply to the Association.

Not-for-Profit

Corporations Act, 2010 does not apply

(5) The Not-for-Profit

Corporations Act, 2010 does not apply to the Association, except as may be

prescribed by regulation.

Same, regulations

(6) The Lieutenant Governor in Council may make

regulations prescribing provisions of the Not-for-Profit

Corporations Act, 2010 that apply to the Association.

Objects of the Association

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) establishing,

maintaining, developing and enforcing standards of qualification,

(ii) 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.

Meetings of the Association

Annual meetings

(1) The

Association shall hold an annual meeting of the members of the Association in

accordance with the by-laws.

General meetings

(2) The members of the Association or the Board may at any

time call a general meeting of the members of the Association in accordance

with the by-laws.

Proxy

(3) At any annual or general meeting of the members of the

Association, a member may be represented by proxy in accordance with the

by-laws.

Limitation

(4) A proxy granted by a member for the purposes of

subsection (3) is not valid unless it is granted to another member of the

Association.

Surplus

6. Any

surplus obtained from carrying on the business of the Association shall be

solely devoted to and applied towards promoting and carrying out its objects in

accordance with this Act and the by-laws and shall not be divided among its members.

Benevolent or charitable fund

7. The

Association may establish and administer a benevolent or charitable fund and,

for that purpose, may make or receive contributions.

The Board

Board of Directors

(1) The

Board of Directors of the Association shall manage and administer the

Association's affairs in accordance with this Act and the by-laws.

Composition

(2) The Board shall be composed of,

(

a) no

fewer than nine and no more than 15 individuals, as fixed by the by-laws, who

are members of the Association and who are elected by members of the

Association in accordance with the by-laws;

(

b) three

individuals who are not members of the Association or of a self-regulating

human resources body and who are appointed by the Lieutenant Governor in

Council;

(

c) no

more than five individuals, as fixed by the by-laws, who are not members of the

Association or of a self-regulating human resources body and who are appointed

by the Board; and

(

d) the

Chief Executive Officer of the Association appointed under subsection 11 (2).

Deemed reappointment

(3) An individual whose appointment under clause (2) (

b) or (

c) expires is deemed to have been reappointed until his or her successor

takes office.

Board appointments

(4) Until the first appointment of an individual to the

Board by the Lieutenant Governor in Council under clause (2) (b), the Board may

appoint as members of the Board one or more individuals who are not members of

the Association or of a self-regulating human resources body, for the term or

terms that the Board specifies.

Same

(5) The appointment of an individual appointed under

subsection (4) expires on the earlier of,

(

a) the

day on which the individual's term expires; and

(

b) the

day on which the Lieutenant Governor in Council makes a first appointment under

clause (2) (b).

Vacancy

(1) If

the seat of an elected member of the Board becomes vacant, the vacancy shall be

filled for the remainder of the member's term in accordance with the by-laws.

Same

(2) For the purposes of subsection (1), an elected

member's seat becomes vacant,

(

a) if

the member dies or resigns;

(

b) if

the member is removed from the Board in accordance with the by-laws; or

(

c) for

any other reason specified by the by-laws.

Quorum

10. At

any meeting of the Board, a majority of the members of the Board constitutes a

quorum.

Officers of the Association

(1) The

Board shall elect from among its members the officers specified by the by-laws

to be elected.

Same

(2) The Board shall appoint as officers of the Association

a Chief Executive Officer, a Registrar and any other officers specified by the

by-laws to be appointed.

Powers and duties

(3) In addition to the powers and duties that are set out

in this Act and the by-laws, an officer of the Association has the powers and

duties that are granted or assigned to him or her by the Board.

Committees

(1) The

Board shall by by-law establish a complaints committee, a discipline committee,

a review committee, a capacity committee and an appeal committee, and may

establish additional committees as it considers appropriate.

Panels

(2) The by-laws may authorize a committee to sit in panels

for the purposes of exercising its powers and performing its duties under this

Act, and for any other purpose.

Same

(3) A decision of a panel of a committee constitutes the

decision of the committee.

Delegation

Board may delegate

(1) The

Board may delegate any of its powers or duties under this Act, except the power

to make by-laws, to one or more committees or the Registrar or any other

officer of the Association, subject to any restrictions or conditions that the

Board may specify.

Registrar may delegate

(2) The Registrar may delegate any of his or her powers or

duties under this Act to one or more individuals or entities identified by the

Board for the purpose, subject to any restrictions or conditions that are

specified by the Registrar or the Board.

Membership

Membership

(1) The

Board shall admit as a member of the Association any individual who meets the

requirements and qualifications for membership that are specified by the

by-laws and who applies for membership in accordance with the by-laws.

Certificate

(2) The Registrar shall give to every individual admitted

as a member of the Association a certificate of membership in the form

determined by the Board.

Same

(3) Every member of the Association who resigns his or her

membership or whose membership is suspended or revoked shall return his or her

certificate of membership to the Association, unless the Board determines otherwise.

Register

15. For

the purposes of this Act and the by-laws, an individual is not a member of the

Association unless the register indicates that he or she is a member.

Restrictions, conditions

16. The

right of a member of the Association to practise in the field of human

resources is subject to any restrictions or conditions imposed under this Act.

Designations and initials

(1) Subject

to the by-laws, the Board may authorize a member of the Association to use one

or more of the designations set out in Column 2 or 3 of Table 1 and to use the

corresponding initials set out in Column 4 of Table 1.

Same

(2) If the Board authorizes a member to use a designation

under subsection (1), the designation shall be stated on the member's

certificate of membership.

Same

(3) A member's right to use a designation is subject to

the by-laws.

Refusal, restrictions or conditions

Refusal of membership

(1) An

applicant who is refused membership in the Association may appeal the decision

to the person or body appointed by the by-laws to hear the appeal.

Restrictions or conditions

(2) An applicant whose membership in the Association is

granted subject to restrictions or conditions on his or her right to practise

in the field of human resources may appeal the decision to the person or body

appointed by the by-laws to hear the appeal.

Designations and initials

(3) A member who was not authorized by the Board to use a

designation may appeal the decision to the person or body appointed by the

by-laws to hear the appeal.

Parties

(4) The parties to an appeal under subsection (1), (2) or

(3) are the Association and the applicant or member, as the case may be.

Powers

(5) On hearing the appeal, the person or body appointed to

hear the appea

Document details

Collection	Ontario — Bills
Citation	Bill 28, 40-1
Type	bill
Volume / chapter	p40 s1 bill 28 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	fa636be31f5e15cc41f35a52237d3e3e24f5c4cf

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