There are two levels of appeals at HRPA, an internal appeal or an external appeal to Divisional Court. An external appeal to Divisional Court is provided for in the Human Resources Professionals Association of Ontario Act, 1990, Section 6. (1):
“A person who is qualified for membership in the Association and who has been refused membership or a person who has been subject to a disciplinary sanction under the by-laws may appeal to the Divisional Court from the refusal to grant membership or from the sanction.”
In order to ensure the fairness of registration and certification practices, and to mediate problems prior to Divisional Court, HRPA established an Appeals Committee to conduct internal appeal reviews. An internal appeal is a review of a regulatory decision made by a committees or the Registrar. If it appears to the individual affected by the decision that something was wrong or went wrong with the process of making the original decision, that person may ask HRPA’s Appeals Committee to conduct a review of the decision.
The internal appeal process is an important part of HRPA's regulatory framework. HRPA is committed to fair, transparent, and effective regulatory processes which includes the access to an internal appeal process.
Grounds for Internal Appeal
There must be a legitimate reason or ‘grounds’ to request an appeal review; simply disagreeing with a decision does not constitute grounds for an appeal. The purpose of an appeal is not to retry or re-decide the case. Individuals wishing to get a ‘second opinion’ should apply for a reassessment or rescore where applicable. In order for an appeal to be considered, there must have been:
- A failure of due process:
- The individual did not have a fair opportunity to present their case,
- The panel or individual making the original judgement was not/were not impartial, and/or
- The process, policy or rule that was applied is flawed, unfair, or unreasonable. Here the process, or rule itself is challenged rather than the specific application of the process.
- A deficiency in the decision, e.g., the committee or registrar:
- Failed to consider the correct facts, and/or
- Failed to apply the correct rule or policy in making their decision.
Who May Appeal
The Appeals Committee will respond to written appeals from any party in the original proceedings. Individuals who were not a party to the original proceedings cannot appeal the decision of a regulatory committee or of the registrar.
What decisions may be appealed?
Any order or decision made by the following may be appealed to the Appeals Committee:
- Certification Committee
- Educational Standards Committee
- Recertification Committee
- Complaints and Investigations Committee
- Discipline Committee
Requesting an Appeal
To file a Request for Appeal, a member must complete the Request for Appeal Form which asks them to set out the grounds for the appeal. The Request for Appeal must be signed and filed with the Office of the Registrar of HRPA within 30 calendar days from the date the decision was made that is being appealed. It may be delivered by mail, email, in person or by fax. There is no cost for requesting an appeal.
More information about appeals process and proceedings is available in the document About Internal Appeals at HRPA.
Office of the Registrar
200-150 Bloor St. West
Toronto, ON M5S 2X9