Canadian HR Reporter

November 16, 2015

Canadian HR Reporter is the national journal of human resource management. It features the latest workplace news, HR best practices, employment law commentary and tools and tips for employers to get the most out of their workforce.

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CANADIAN HR REPORTER November 16, 2015 20 FEATURES HR CERTIFICATION Checking in with HRPA's 3-tier designation By Bill Greenhalgh I t's been one year already — one year since the Human Resources Professionals As- sociation (HRPA) introduced an updated HR competency framework and three new designations. And the most immediate impact has been on HRPA's membership numbers, which have jumped sev- en per cent (with member reten- tion climbing to 91 per cent) since the launch last November. Those numbers are clear evidence of the strong support HRPA members have for the as- sociation's efforts to modernize a certification framework — which hadn't been updated in 15 years — and the value they see in the new designations. When HRPA was consulting with more than 2,000 members, academics and business people on the new framework, it was clear a single designation — the origi- nal Certified Human Resources Professional (CHRP) — could not work for the HR profession because HR's scope of practice, from the administrative and transactional work performed by junior HR professionals to the strategic work performed by HR executives, is so deep and broad. The three new designations — the entry-level CHRP, the pro- fessional-level Certified Human Resources Leader (CHRL) and the executive-level Certified Hu- man Resources Executive (CHRE) — provide a practical solution by certifying knowledge and capabil- ity for all stages of an HR profes- sional's career path. And these are not easy desig- nations to earn. For example, the CHRL will require more struc- tured experience at a professional level, and both the CHRP and CHRL will require a jurispru- dence exam to certify knowledge of employment law. However, this new rigour has been welcomed by members — they are using their new designa- tions in email signatures, business cards and correspondence. The reaction from the busi- ness community has been equally encouraging. More than 56 per cent of senior business leaders answered "very favourably" when asked how the new framework and designations would affect their view of HR, according to a survey of 102 respondents. Post-secondary schools e response from Ontario post- secondary schools offering HR programs has also been positive. Previously, from the college per- spective, if a person didn't have a degree, it was a challenge to earn a designation and that made it dif- ficult to get a job. Now, a person can come out of school with an HR diploma, pass the Certified Knowledge Exam Level 1 (CKE 1) exam and she's ready to practise at the entry CHRP level. At the degree level, HRPA has worked with about a dozen uni- versities and degree-granting col- leges that now have business de- partment representatives meeting regularly to discuss the compe- tency model and what they need to do to ensure students get the education to meet it. The schools have responded so well to the new competency model because it's well-defined and spells out what HR profes- sionals need to know and do. e schools aren't told how to teach it but they understand that students need this knowledge and this ca- pability to earn the designations and practise HR effectively. Other HR associations At the core of HRPA's new com- petency framework is a common body of knowledge — and that (along with protection of the pub- lic) is what defines professional- ism. Accounting and engineering are the same no matter where they are practised globally — and the same should apply for HR. HRPA has talked with other as- sociations around the world about the need for a common body of knowledge as the foundation for the HR profession, and those that offer designations — such as the United Kingdom's Chartered In- stitute of Personnel and Devel- opment (CIPD), the Australian Human Resources Institute and the Society for Human Resource Management (SHRM) in the United States — are all working in the same direction as HRPA. Last year, HRPA signed a mem- orandum of understanding with the Australian and New Zealand HR associations to share best practices and hopefully develop a common body of knowledge together. Over the years, HRPA has made major advances with its new gov- ernment act, regulatory authority, public protection, mandatory HR academic courses, partnerships with other countries, a code of ethics and Rules of Professional Conduct. In that time, it has con- sistently encouraged and person- ally supported associations affili- ated with the Canadian Council of Human Resources Associations (CCHRA) to follow suit so, hope- fully, they will get to where HRPA is today, as soon as possible. However, the profession is changing quickly and business needs do not stand still. e pro- fession's ultimate goal of providing HR excellence and business value to organizations must be about more than meeting today's best practices, more than just "catch- ing up." What will be delivered has to be fit for future purpose at the time it is delivered. HRPA has always been avail- able to support other provinces as needed and it will continue that approach because it knows from experience how easy it can be to underestimate the resources and effort required to make these advances. However, it is worth noting that the governance model CCHRA recently adopted is exactly the same as the one that was rejected as unworkable five years ago. is will not make catching up any easier. Ideally, HRPA and the other Ca- nadian HR associations should be able to build a common structure for the profession. But, in the past two years alone, HRPA has moved so far ahead in designations, regu- lation, competency models, gov- ernance processes and association effectiveness that, right now, this just isn't practical. e association would either have to backtrack, or delay, and that would do a disservice to its members. Protection of the public HRPA's primary role, as set out in the Registered Human Resources Professionals Act, 2013, is to pro- tect the public. And everything it has accomplished recently is with that mandate in mind. Member- ship has grown and a consequence of a broader membership is better protection of the public. e more HR professionals who are mem- bers — all of whom must abide by HRPA's code of conduct, maintain their designations and HR knowl- edge by continuing professional development and face sanctions for non-compliance — the better HRPA can fulfil its public protec- tion mandate. is is a journey. Here in On- tario, it will take about three years to put all the pieces in place. But, in the end, HRPA will have a suite of designations recognized and valued by all stakeholders — not only by those who hire HR profes- sionals but by employees, other professionals and the public at large. In turn, this new designa- tion framework will enhance the careers of members. e key to success, as Wayne Gretzky said, is "not to skate where the puck is right now, but to where it will be when you get there." at is exactly what HRPA is doing — building on a strong foundation to evolve rapidly as work changes; and anticipating and meeting the future needs of the profession. Bill Greenhalgh is CEO of the Human Resources Professionals Association (HRPA), the regulator of the HR pro- fession in Ontario. What will be delivered has to be fit for future purpose when it is delivered. per week) where the wage offered is at or above the provincial or territorial median hourly wage where the job is located. In sum, a Transition Plan forces employers to commit to undertake specific activities to recruit, retain and train Canadian (citizens or per- manent residents) for the position offered for the entire period of the approved LMIA, if a positive de- cision is rendered, or to facilitate the transition of a TFW from tem- porary to permanent by obtaining permanent residence status. e Transition Plan is manda- tory, even for the initial LMIA re- quest where a foreign worker has not yet worked a single day for the employer. e challenges are numerous: While it is normal to carry on continuous recruitment efforts for a multiple openings po- sition, can the employer be forced to advertise for a position where there is no opening? An employer cannot legally dismiss a foreign worker already employed under a valid work permit, solely based on the fact it identified a Canadian candidate through additional recruitment undertaken under a Transition Plan. In such instances, the plan seems at the very least to be in conflict with basic premises of Canadian labour law. In this context, can the em- ployer be liable for creating false expectations for job applicants? On the other hand, asking fu- ture employees to commit to the permanent residence process at a juncture where they have not yet lived or worked in Canada can be construed as undue pressure. e above considerations are in addition to personal circumstanc- es that may render a permanent residence application moot within the two-year "transition period." Moreover, indiscriminate mixing of TFWP with permanent resi- dence introduced via the Transi- tion Plan raises a number of pri- vacy concerns. Permanent residence histori- cally has been, and must continue to be, a deeply personal, individu- al commitment to become Cana- dian. It is not clear at all to what degree an employer can be liable for a worker's failed commitment to become a permanent resident when the employer has no control over key factors such as security and background checks, medical inadmissibility of the worker and family members or, ultimately, the candidate's genuine interest in be- coming a permanent resident. Most importantly, the immi- gration system itself may not be ready to absorb the commitments under the plan. e federal gov- ernment's Express Entry is still undergoing a transition period of its own, creating uncertainty and fluctuating processing times. Quebec's fast-track permanent residence program, the Quebec Experience Class, requires a can- didate to have at least one year of work experience in the province prior to submitting the applica- tion, making the two-year transi- tion to permanent status unrealis- tic in many cases. These new TFWP processes require a skillset and professional competencies above and beyond traditional immigration or HR qualifications. Similarly, new ob- ligations such as the Transition Plan call for the awareness of com- plex problems at the intersection of legal, ethical and HR manage- ment issues. As the emphasis in TFWP management shifts from techni- cal skill to tactical action, employ- ers must nurture a new breed of HR and global mobility specialists who are able to tackle multidisci- plinary problems and evolve in cross-functional roles. Even when relying on external providers for mobility operations, these HR specialists should have a solid understanding of the ground rules affecting immigration man- agement operations, hiring prac- tices, HR policies and related mo- bility activities. While we agree with the over- arching responsibility to put Ca- nadians first, it should not conflict with the need for a flexible, mod- ern foreign worker legal frame- work. Such a framework must be aligned with real life recruitment practices. It must also take into consider- ation certain subjective factors in assessing foreign candidates, par- ticularly in sectors of the economy where high-skilled foreign talent has proven to be the industry's driving force. Only then does our system become attractive for employ- ers and candidates alike and help Canada meet global competitive pressures. Julie Lessard is a partner at BCF Business Law in Montreal. She can be reached at (514) 397-2260 or julie. lessard@bcf.ca. Required Transition Plan could conflict with labour law TFWP < pg. 19 Employers must nurture a new breed of HR and global mobility specialists.

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