New law to regulate HR functions : Carried at its first reading in the Ontario legislature, the Registered Human Resources Professionals Act aims to increase the monitoring and control powers of the Human Resources Professionals Association (HRPA).
Bill 138, the new Ontario Act, repeals the preceding Act of 1990 and gives the Human Resources Professionals Association (HRPA) greater power of inspection over its members’ activities. The Act specifies: “The committee may, on its own or on motion, order a member to undergo a medical or psychological examination.” If a member or an entire firm is deemed incapacitated, by reason of physical or mental illness, or any other handicapping factor, such as excessive use of alcohol or drugs, the inspector has the authority to investigate the matter.
Moreover, if professional misconduct is suspected, the investigator may enter and inspect the business premises of the individual or firm under investigation without the consent of the owner or occupier and without a warrant. The investigator may also question the accused and his or her colleagues, and examine all work documents deemed to be useful. According to section 53 of the Bill, “No person shall obstruct an investigator or inspector executing his or her duties or withhold from him or her or conceal, alter or destroy any document or thing relevant to the investigation or inspection.” Anyone who contravenes these dispositions is guilty of an offence and is liable to a fine of not more than $25,000.