Pursuant to the Human Resources Professionals Association of Ontario Act, 1990, HRPA regulates and governs the conduct of members of the Human Resources Professional Association (HRPA) in the practice of their profession through the articulation and enforcement of a code of ethics, rules of professional conduct and standards of practice.
HRPA is committed to a complaints process based on impartiality and procedural fairness for all parties.
Over whom does HRPA have authority?
As the regulating body of human resources professionals within Ontario, HRPA has authority over the conduct of its members and can only investigate complaints against members. Complaints against non-members must be directed to authorities other than HRPA. To determine if an individual is a member of HRPA, review HRPA’s online register (at www.hrpa.ca) or contact the Office of the Registrar:
Email: registrar@hrpa.ca
Tel: (416) 923-2324
Toll Free: 1(800) 387-1311
Who may register a complaint?
A complaint against an HRPA member may be registered by anyone, including a member of the public, a fellow HRPA member or the Association.
How to Register a Complaint with HRPA
If you wish to register a complaint please use the complaint form.
All complaints must be received in writing (letter mail, email or fax) and should clearly and precisely state:
• the complainant’s full name and contact information;
• the name(s) of the member(s) who are the subject of the complaint;
• a description of the problem and which section(s) of the Rules of Professional Conduct that are alleged to have been breached;
• a chronological history of the events including the date(s), time and location where specific events occurred;
• the name(s) and contact information of any witness or anyone who may be able to provide further information;
• a summary of the complaint and copies of any documentation (letters etc.) that support the complaint. If it is alleged that more than one section of the Rules of Professional Conduct has been breached then the supporting documentation should be clearly labeled as to which allegation(s) it supports
• whether the complaint is or has been filed with an official legal body (e.g. the Ontario Human Rights Commission). If yes, identify the body and the status of the matter.
The written complaint must be sent to:
HRPA, Office of the Registrar
150 Bloor St. W., Suite 200
Toronto ON M4W 3E2
What happens after the written complaint has been sent to HRPA?
Once received, the information in the complaint is reviewed by the Office of the Registrar and, if necessary, the complainant will be contacted for clarification. In an effort to maintain full disclosure, once all information relevant to the complaint has been received, a copy of the complaint including supporting documents is sent to the member who is the subject of the complaint. The information sent to the member:
• Includes the name of the complainant but not their contact information.
• Is sent to the member by registered mail.
The member is given at least 30 calendar days to respond to the complaint. The response must be in writing (letter mail, email or fax) and submitted to the Office of the Registrar. The complainant is provided with a copy of the member’s response to the complaint and is given an opportunity to respond. This is not an opportunity for the complainant to restate their case, but instead for them to either refute statements made by the member, or address any new issue raised by the member.
The complaint and documentation are provided to the Chair of the Complaints and Investigations Committee (CIC). The Chair appoints members of the CIC to a Panel to consider the complaint.
What about anonymous complaints?
HRPA cannot act on an anonymous complaint. A complaint must include the name and contact information of the person making the complaint and the name of the HRPA member involved.
However, if a matter comes to the attention of the Registrar which leads the Registrar to believe that an HRPA member has committed an act of professional misconduct or is incompetent, the Registrar may determine that it is in the public interest for a complaint to go to the CIC. In this situation, HRPA and the member are the two parties to the complaint.
What process does the CIC Panel follow?
After reviewing the information provided in the complaint, the CIC Panel may decide that the matter requires further investigation. The Panel may interview witnesses, if available/applicable, to assist in the determination of facts or to bring clarity to the circumstances that initiated the complaint. The Panel may also engage an investigator to conduct an investigation on their behalf. The power and authority of an investigator is articulated in the HRPA By-laws.
Once the investigation (if any) is complete, the Panel considers all of the evidence and may do one or more of the following:
• Direct that the matter not be referred to the Discipline Committee.
• Take any action that it considers appropriate in the circumstances, including requiring the member to attend before one or more members of the Panel to receive a caution or admonishment
• Negotiate a tentative settlement agreement between HRPA and the member and refer the agreement to the Discipline Committee for approval.
• Direct that the matter be referred, in whole or in part, to the Discipline Committee.
It is important to note that HRPA has no authority to provide a financial remedy to the complainant.
The Panel will provide their decision and reasons in writing to both the complainant and the member who is the subject of the complaint.
If, at any time in the complaints process, the complaint appears to be frivolous or vexatious or otherwise inappropriate to investigate, the CIC Panel may decide not to investigate the complaint. The Panel will give reasons for this decision and notify the complainant of his or her right to ask for a review by the Appeals Committee.
In extraordinary circumstances (for example where a complainant chooses not to proceed, is no longer available), HRPA’s Complaints and Investigations Committee (CIC) may continue to proceed with the complaints process.
Is it possible to appeal a decision of the CIC Panel?
If the Complaints and Investigations Committee does not direct that a matter be referred to the Discipline Committee, either the complainant or the member who was the subject of the complaint may request a review of the CIC decision by the Appeals Committee. The request for an appeal must be made within 30 calendar days of the Panel’s decision and reasons being provided to the complainant and the member.
How long does the complaints process take?
The timeline for the resolution of a complaint is dependent upon the complexity of the case. Once all information relevant to the complaint has been received, the Complaints and Investigations Committee makes every effort to ensure that a decision has been reached within 150 calendar days.
How does HRPA ensure that complaints matters are kept confidential?
All members of the Complaints and Investigations Committee and Office of the Registrar staff are bound by confidentiality requirements. Information regarding individual complaints cases provided to Panel members is destroyed when it is no longer needed.
However, it is important to note that if the decision of the CIC Panel is to refer the matter to the Discipline Committee, the information regarding the Discipline process and results are publicly available but the original complainant’s identity is removed.
What happens if the complaint issue is before another adjudicative board?
HRPA may defer to the resolution of other adjudicated processes. Complaints may not be dealt with by HRPA while they are the subject of litigation and/or filed with an official legal body (e.g., the Ontario Human Rights Tribunal).
If HRPA defers to the resolution of another adjudicated process, we reserve the right to reopen any matter if there are issues not dealt with through the other adjudicated process. It is the obligation of the (defendant) member to advise HRPA of the nature of any settlements.