In order to ensure fairness in its regulatory practices, HRPA established an Appeal Committee in accordance with the Registered Human Resources Professionals Act, 2013 ("the Act") and section 22 of the By-laws. The purpose of HRPA's internal appeal process is to provide for the opportunity of a reexamination of decisions made by HRPA's regulatory committees or by the Registrar.
Grounds for an appeal are limited to a denial of natural justice or an error on the record of the decision, unless otherwise stated in the Act or the By-laws.
HRPA has two types of appeals: hearings and reviews. Hearings shall only be held when the decision or order being appealed was made pursuant to a hearing, which applies only to decisions of the Discipline Committee, the Capacity Committee and the Review Committee. Appeals of decisions made by any other committee or the Registrar shall be conducted via a review.
The internal appeal process is an important part of HRPA's regulatory framework. HRPA is committed to fair, transparent, and effective regulatory processes which include access to an internal appeal process.
Grounds for Internal Appeal
There must be a legitimate reason or 'grounds' to request an appeal; 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 submit a new application or request for consideration. Generally, in order for an appeal to be considered, there must have been:
- A denial of natural justice, e.g.:
- The individual did not have a fair opportunity to present their case,
- The panel or individual making the original judgment 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.
- An error in the decision itself, 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 Appeal Committee will respond to requests for an appeal 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.
Requesting an Appeal
To file a Request for an Appeal, a person must complete the Request for an Appeal Form which asks them to set out the grounds for the appeal as well as the remedy they are seeking. The Request for an Appeal must be signed and filed with the Office of the Registrar of HRPA within 30 calendar days from the date the decision that is being appealed was made. It may be delivered by mail, in person or by email directly to the Office of the Registrar. There is no cost for requesting an appeal.
In almost every case, a decision or order of the Appeal Committee is final. However, if a decision of the panel to suspend or revoke a member's membership or a firm's registration has become effective, the Board may by special resolution rescind or alter the order. Also, all Appeal Committee panel decisions may be subject to judicial review by Divisional Court.
What decisions may be appealed?
Most orders or decisions of the Registrar as well as committees may be appealed to the Appeal Committee, including but not limited to decisions by the Experience Assessment Committee, the CHRE Review Committee, the Discipline Committee and the Complaints Committee. For a comprehensive list of appealable decisions please review s. 22.02 of the By-laws.
More information about the appeals process and proceedings is available in the document About Internal Appeals at HRPA.