Chartered Professionals in Human Resources Act, SS 2021, c 8

1 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 The Chartered Professionals in Human Resources Act being Chapter 8 of the Statutes of Saskatchewan, 2021 (effective May 13, 2021) as amended by the Statutes of Saskatchewan 2024, c 4. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES Table of Contents PART 1 PART 7 Preliminary Matters Discipline 1 Short title 22 Definition for Part 2 Definitions 23 Proceedings against former members 24 Professional incompetence PART 2 Association 25 Professional misconduct 3 Association established 26 Professional conduct committee 4 Duty and objects of association 27 Investigation 5 Membership 28 Temporary suspension 6 Property 29 Discipline committee 7 Meetings 30 Discipline hearing PART 3 31 Disciplinary powers Board of the Association 32 Continuity of committee 8 Board 33 Criminal conviction 9 Public appointees 34 Duty to report 10 Resignation 35 Suspension 11 Vacancy 36 Review by board 12 Officers and employees 37 Appeal to court 13 Committees 38 Effect of appeal PART 4 39 Effect of suspension and expulsion Bylaws 40 Reinstatement 14 Procedures PART 8 15 Bylaws General 16 Filing of bylaws 41 Immunity PART 5 42 Offence and penalty Membership and Registration 43 Limitation of prosecution 17 Membership 44 Report of termination of employment 18 Register 45 Review by Legislative Assembly 19 Registration 46 Record of revocation and notification 20 Delegation and appeal 47 Annual register PART 6 48 Annual report Prohibition 49 Compliance 21 Protection of title and designation 50 Service of notices, etc. 51 Coming into force 3 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 CHAPTER 8 An Act respecting the Human Resources Professionals of the Chartered Professionals in Human Resources Saskatchewan PART 1 Preliminary Matters Short title 1 This Act may be cited as The Chartered Professionals in Human Resources Act. Definitions 2 In this Act: “administrative bylaw” means a bylaw made for a purpose set out in subsection 15(1); “association” means the Chartered Professionals in Human Resources Saskatchewan established pursuant to section 3; “board” means the board of the association; “business day” means a day other than a Saturday, Sunday or holiday; “bylaws” means the valid and subsisting bylaws of the association; “court” means the Court of King’s Bench; “human resources professional member” means a person who: (a) is a member registered with the association as a human resources professional; and (b) holds a Chartered Professional in Human Resources designation granted by the association; “member” means a member of the association who is in good standing; “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; “register” means the register kept pursuant to section 18; “registrar” means the registrar appointed pursuant to section 12; “regulatory bylaw” means a bylaw made for a purpose set out in subsection 15(2). 2021, c 8, s 2; 2024, c 4, s 32. 4 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES PART 2 Association Association established 3(1) The Chartered Professionals in Human Resources Saskatchewan is established as a corporation. (2) CPHR Saskatchewan is the abbreviated form of the name of the corporation and the abbreviation when used has the same legal effect and meaning as the full name of the corporation. 2021, c 8, s 3. Duty and objects of association 4(1) It is the duty of the association at all times: (a) to serve and protect the public; and (b) to exercise its powers and discharge its responsibilities in the public interest. (2) The objects of the association are: (a) to regulate the practice of the profession and to govern the members in accordance with this Act and the bylaws; and (b) to assure the public of the knowledge, skill, proficiency and competency of members in the practice of the human resources profession. 2021, c 8, s 4. Membership 5 The membership of the association consists of: (a) those persons who are members of the Chartered Professionals in Human Resources Saskatchewan on the day before this Act comes into force; and (b) those persons who are admitted as members of the association pursuant to this Act and the bylaws. 2021, c 8, s 5. Property 6(1) The association may acquire, hold, mortgage, lease, sell or dispose of any property. (2) All fees, fines and penalties receivable or recoverable pursuant to this Act or the bylaws are the property of the association. (3) The association may: (a) invest its funds in investments in which trustees are authorized to invest pursuant to The Trustee Act, 2009; and (b) sell or otherwise dispose of those investments and reinvest the proceeds in similar investments. 2021, c 8, s 6. 5 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 Meetings 7(1) An annual meeting of the association is to be held at the time and place that is determined by the board in accordance with the bylaws. (2) A special meeting of the association for the transaction of the business that is specified in the resolution or demand is to be held: (a) on resolution of the board; or (b) on the demand, in writing, of the number of members specified in the bylaws. (3) The procedure at an annual or special meeting is to be determined by bylaw. (4) The registrar shall send a notice of an annual meeting or special meeting to each member in the manner prescribed in the bylaws. (5) The registrar shall give notice of a special meeting within 60 days after a resolution or demand for a special meeting. 2021, c 8, s 7. PART 3 Board of the Association Board 8(1) The board shall manage and regulate the affairs and business of the association. (2) The board consists of: (a) the number of members prescribed in the bylaws elected by members in accordance with this Act and the bylaws; and (b) the persons appointed pursuant to section 9. (3) No member is eligible to be elected as a member of the board unless that member resides in Saskatchewan. (4) Members of the board elected pursuant to clause (2)(a) are entitled to remuneration and reimbursement for expenses in the amounts prescribed in the bylaws. (5) Each member of the board elected pursuant to clause (2)(a) holds office for the term prescribed in the bylaws. 2021, c 8, s 8. Public appointees 9(1) The Lieutenant Governor in Council may appoint two persons who reside in Saskatchewan as members of the board. (2) If the Lieutenant Governor in Council appoints a person as a member of the board, the term of office of that person is not to exceed three years. 6 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES (3) Subject to subsection (4), a member of the board appointed pursuant to this section holds office until that person’s successor is appointed and is eligible for reappointment, but is not eligible to hold office for more than two consecutive terms. (4) A member of the board appointed pursuant to this section ceases to hold office if that person ceases to be a resident of Saskatchewan. (5) A member of the board appointed pursuant to this section may exercise rights and serve as a member of committees to the same extent as other members of the board. (6) At least one member of the board appointed pursuant to this section shall be a member of the discipline committee. (7) The absence or inability to act as a member of the discipline committee by a member of the board appointed pursuant to this section or the failure to appoint a member of the board pursuant to this section does not impair the ability of the other members of the discipline committee to act. (8) The association shall remunerate and reimburse for expenses the members of the board appointed pursuant to this section at the rate determined by bylaw. 2021, c 8, s 9. Resignation 10(1) An elected member of the board may resign by giving written notice of the member’s resignation to the board. (2) A member of the board appointed pursuant to section 9 may resign by giving written notice of the member’s resignation to the minister. (3) The resignation of a member of the board is effective on the date stated on the written notice or, if no date is stated: (a) in the case of the resignation of an elected member, on the date the written notice is received by the board; or (b) in the case of the resignation of a member of the board appointed pursuant to section 9, on the date the written notice is received by the minister. 2021, c 8, s 10. Vacancy 11(1) When a vacancy occurs in the elected membership of the board, the remaining members of the board may appoint another member to fill the vacancy until the earlier of: (a) the expiry of the term of office of the board member who ceased to be a member of the board; and (b) the day on which a member is elected to fill the vacancy in accordance with this Act and the bylaws. 7 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 (2) A vacancy in the membership of the board does not impair the power of the remaining members of the board to act. (3) If a member serving as an elected member of the board is suspended from the association, the member’s powers and duties as an elected member of the board are suspended for the same period. (4) If a member serving as an elected member of the board is expelled from the association, the member ceases to be an elected member of the board on the day the member is expelled. 2021, c 8, s 11. Officers and employees 12(1) The officers of the association are to be those that are: (a) designated in the bylaws; and (b) appointed or elected in accordance with the bylaws. (2) The board shall appoint a registrar. (3) The board may engage any employees that it considers necessary to carry out the duties and functions of the association. (4) Subject to this Act and the bylaws, the board shall determine the duties, responsibilities and remuneration of employees of the association. 2021, c 8, s 12. Committees 13(1) The board may establish any committees that are provided for by the bylaws or that it considers necessary. (2) The board shall appoint persons to any committees that are provided for by this Act or the bylaws or that it has established pursuant to subsection (1). (3) Subject to this Act and the bylaws, the board, on any terms or conditions that it may determine, may delegate any of its powers or duties to a committee provided for by this Act or the bylaws or established pursuant to subsection (1). (4) The board shall not delegate the power to make bylaws. (5) Subject to this Act and the bylaws, a committee may establish its own procedures. 2021, c 8, s 13. 8 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES PART 4 Bylaws Procedures 14(1) The board, with the approval of not less than a two‑thirds majority of the members of the board, may make bylaws for any purpose set out in section 15. (2) The registrar shall notify each member of each bylaw made pursuant to subsection (1) within 150 days after the bylaw is made. (3) Failure to comply with subsection (2) does not invalidate a bylaw. (4) No regulatory bylaw made by the board comes into force until it is: (a) approved by the minister pursuant to section 16; and (b) published in the Gazette. (5) An administrative bylaw comes into force on the later of: (a) the day on which it is filed pursuant to subsection 16(4); and (b) the date specified in the bylaw. 2021, c 8, s 14. Bylaws 15(1) Subject to this Act, administrative bylaws may be made pursuant to section 14 for the following purposes: (a) prescribing the seal of the association; (b) providing for the execution of documents by the association; (c) respecting the banking and financial dealings of the association; (d) fixing the fiscal year of the association and providing for the audit of the accounts and transactions of the association; (e) respecting the management of the property of the association; (f) prescribing the number and terms of office of elected members of the board; (g) prescribing the officers of the association and governing the procedure for the appointment, election or removal of those officers; (h) prescribing the duties of members of the board, and officers and employees of the association; (i) prescribing the remuneration and reimbursement for expenses for elected members of the board and committee members; (j) governing the procedures for the election of members of the board; (k) prescribing the organization, powers and procedures of the board and regulating the board in the performance of its duties; 9 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 (l) respecting the holding and procedures of meetings of the board and annual and special meetings of the association; (m) prescribing the amount of registration and other fees payable to the association, the times of payment and penalties for late payment; (n) providing for the receipt, management and investment of contributions, donations or bequests; (o) establishing and governing scholarships, bursaries and prizes; (p) regulating joint participation by the association with any educational institution or any person, group, association, organization or body corporate having goals or objectives similar to those of the association; (q) establishing any committees that the board considers necessary, prescribing the manner of election, appointment or removal of committee members, determining the duties of committees and establishing procedures for the operation of committees; (r) providing for any other thing that is necessary for the effective administration of the association. (2) Subject to this Act, regulatory bylaws may be made pursuant to section 14 for the following purposes: (a) prescribing the qualifications, standards and tests of competency for the registration of persons or any category of persons as members; (b) prescribing: (i) the procedures governing registration of persons or any category of persons as members; (ii) the terms and conditions of membership; (c) setting standards of professional conduct, competency and proficiency of members; (d) providing for a code of ethics for members; (e) setting standards regarding the manner and method of practice of members; (f) prescribing procedures for: (i) the review, investigation and disposition of complaints by the professional conduct committee or the mediation of complaints alleging that a member is guilty of professional misconduct or professional incompetence; (ii) hearings by the discipline committee of complaints alleging that a member is guilty of professional misconduct or professional incompetence; (iii) reviews pursuant to subsection 20(4); 10 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES (g) establishing categories of membership in the association and prescribing the obligations, rights and privileges of each category; (h) respecting the education programs and practical experience required to be successfully completed for the purposes of registration pursuant to this Act; (i) prescribing the circumstances under which members are required to attend re‑entry education programs and courses and approving programs and courses for that purpose; (j) setting standards for continuing education and the participation of members in continuing education; (k) governing the reinstatement of a member who has been expelled; (l) setting requirements for maintenance of membership; (m) establishing categories of practice and prescribing the requirements for admission to each of those categories and the practising rights and privileges associated with each category; (n) regulating advertising by members; (o) prescribing the number of members required to demand a special meeting of the association; (p) prescribing the minimum amount of liability protection that members are required to obtain; (q) prescribing the form, content and maintenance of the register and the information to be provided by members for the purpose of the register; (r) respecting the reporting and publication of decisions and reports of the board and committees; (s) respecting the types and service of notices that may be served electronically; (t) establishing programs for the assessment of the competency of members; (u) defining activities that constitute a conflict of interest and prohibiting the participation of members in those activities; (v) prescribing any other matters considered necessary for the better carrying out of this Act. 2021, c 8, s 15. Filing of bylaws 16(1) The association shall file with the minister two copies, certified by the registrar to be true copies, of: (a) all regulatory bylaws; and (b) any amendment to a regulatory bylaw together with two certified copies of the regulatory bylaw to which the amendment relates. 11 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 (2) If the minister does not advise the association in writing within 90 days after receiving copies of the regulatory bylaw or amendment that the minister approves the regulatory bylaw or amendment, the regulatory bylaw or amendment is deemed not to be approved. (3) If the minister approves a regulatory bylaw or an amendment to a regulatory bylaw, the minister shall file with the Director of Corporations two copies, certified by the registrar to be true copies, of the regulatory bylaw or amendment. (4) Within 30 days after an administrative bylaw or an amendment to an administrative bylaw is made, the board shall file with the Director of Corporations two copies, certified by the registrar to be true copies, of the administrative bylaw or amendment. (5) If an administrative bylaw or an amendment to an administrative bylaw is not filed within the 30-day period mentioned in subsection (4), the administrative bylaw or amendment is deemed to be revoked on the expiration of the period. 2021, c 8, s 16. PART 5 Membership and Registration Membership 17 The board, in accordance with this Act and the bylaws, may register persons as members. 2021, c 8, s 17. Register 18(1) In accordance with the bylaws, the board shall keep a register in which the name, address and category of membership of every member is to be recorded. (2) The register is to be: (a) kept at the head office of the association; and (b) open for inspection by all persons, without fee, during normal office hours of the association. (3) The register may be made available in any other manner acceptable to the registrar, including an electronic format. (4) The following documents are admissible in evidence as proof, in the absence of evidence to the contrary, of their contents without proof of the registrar’s appointment or signature: (a) a certificate purporting to be signed by the registrar and stating that: (i) a named person was or was not, on a specified day or during a specified period, a member according to the register; or (ii) a named person was or was not, on a specified day or during a specified period, suspended according to the register; or (b) an extract from the register that is certified by the registrar. 2021, c 8, s 18. 12 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES Registration 19(1) The board may register as a member a person who produces evidence establishing to the satisfaction of the board that the person: (a) has paid the prescribed fees; (b) has complied with the bylaws with respect to registration as a member; and (c) possesses a combination of education and work experience as required by the bylaws. (2) Notwithstanding subsection (1), the board may register as a member a person who produces evidence establishing to the satisfaction of the board that the person: (a) has paid the prescribed fees; (b) has complied with the bylaws with respect to registration as a member; and (c) is registered as the equivalent of a human resources professional member in good standing pursuant to the legislation of another jurisdiction in Canada. (3) The board may register as a restricted member, a person who: (a) does not fully meet the requirements of clause (1)(c); (b) agrees to practise in accordance with the conditions or restrictions specified in the bylaws; (c) has paid the prescribed fees; and (d) has complied with the bylaws with respect to registration as a restricted member. (4) A member granted a restricted membership shall comply with the bylaws governing restricted membership. 2021, c 8, s 19. Delegation and appeal 20(1) The board may delegate to the registrar the power to register persons as members. (2) If a power is delegated pursuant to this section, the exercise of that power by the registrar is deemed to be an exercise of the power by the board. (3) The board may impose any terms and conditions that it considers appropriate on a delegation of its powers. (4) A person who is aggrieved by a decision of the registrar made pursuant to a delegated power may apply to the board to review that decision. (5) On a review pursuant to subsection (4), the board shall hear the review and may: (a) direct the registrar to exercise the power in a manner that the board considers appropriate; or (b) confirm the registrar’s decision. 13 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 (6) On a review pursuant to subsection (4), the person aggrieved by the decision of the registrar has the right to appear in person before the board in support of the application. (7) The board shall cause the applicant to be informed in writing of its decision regarding the review. 2021, c 8, s 20. PART 6 Prohibition Protection of title and designation 21(1) No person other than a human resources professional member shall use the title “Chartered Professional in Human Resources”or the abbreviation “CPHR”. (2) Notwithstanding subsection (1), this Act does not affect or interfere with the right of any person who is not a member of the association to practise in the field of Human Resources or to become a certified professional with a human resources association other than the Chartered Professionals in Human Resources Saskatchewan. 2021, c 8, s 21. PART 7 Discipline Definition for Part 22 In sections 23 to 40, “member” includes a former member. 2021, c 8, s 22. Proceedings against former members 23(1) No proceedings conducted pursuant to this Act shall be commenced against a former member more than two years after the day the former member became a former member. (2) For the purposes of this section, a proceeding is commenced when the professional conduct committee, pursuant to subsection 27(1), is requested by the board to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence. 2021, c 8, s 23. Professional incompetence 24(1) In this section, “member is unfit” means that the member is unfit: (a) to continue in the practice of the profession; or (b) to provide one or more services ordinarily provided as part of the practice of the profession. 14 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES (2) Professional incompetence is a question of fact, but the display by a member of a lack of knowledge, skill or judgment or a disregard for the welfare of a member of the public served by the profession of a nature or to an extent that demonstrates that the member is unfit is professional incompetence within the meaning of this Act. 2021, c 8, s 24. Professional misconduct 25 Professional misconduct is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, is professional misconduct within the meaning of this Act if: (a) it is harmful to the best interests of the public or the members; (b) it tends to harm the standing of the profession; (c) it is a breach of this Act or the bylaws; or (d) it is a failure to comply with an order of the professional conduct committee, the discipline committee or the board. 2021, c 8, s 25. Professional conduct committee 26(1) The professional conduct committee is established consisting of at least three persons appointed by the board. (2) No member of the discipline committee or the board is eligible to be a member of the professional conduct committee. 2021, c 8, s 26. Investigation 27(1) If the professional conduct committee is requested by the board to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence, the committee shall: (a) review the complaint; and (b) investigate the complaint by taking any steps it considers necessary, including summoning before it the member whose conduct is the subject of the complaint or assessing the member’s competence. (2) On completion of its investigation, the professional conduct committee shall make a written report to the discipline committee recommending: (a) that the discipline committee hear and determine the formal complaint set out in the written report; or (b) that no further action be taken with respect to the matter under investigation because: (i) the matter has been resolved with the consent of the complainant and the member who is the subject of the investigation; or (ii) in the opinion of the professional conduct committee, no further action is warranted on the facts of the case. 15 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 (3) The formal complaint set out in a written report made pursuant to clause (2) (a) may relate to any matter disclosed in the complaint received pursuant to subsection (1) or the investigation conducted pursuant to subsection (1). (4) A report signed by a majority of the professional conduct committee is the decision of that committee. (5) The professional conduct committee shall provide, or cause the registrar to provide, a copy of a written report made pursuant to clause (2)(b) to: (a) the board; (b) the complainant; and (c) the member whose conduct is the subject of the complaint mentioned in subsection (1). 2021, c 8, s 27. Temporary suspension 28(1) If the professional conduct committee is of the opinion that, on the basis of the allegations or the nature of the case, a member should be suspended pending the outcome of an investigation or hearing, it may, with the prior approval of the board, apply to a judge of the court for an order suspending the member whose conduct is the subject of an investigation pursuant to subsection 27(1) or against whom a formal complaint has been made pursuant to clause 27(2)(a). (2) An order of suspension shall not extend past the earliest of the following: (a) 90 days after the date of the order; (b) the date of a report of the professional conduct committee made pursuant to clause 27(2)(b); (c) if the discipline committee finds that a member is not guilty of professional misconduct or professional incompetence, the day of its decision; (d) if the discipline committee finds that a member is guilty of professional misconduct or professional incompetence, the day that an order is made pursuant to section 31. (3) The professional conduct committee may apply to the court for an extension of an order of suspension made pursuant to subsection (1). 2021, c 8, s 28. Discipline committee 29(1) The discipline committee is established consisting of at least five persons appointed by the board, at least one of whom is a member of the board appointed pursuant to section 9. (2) No member of the professional conduct committee is eligible to be appointed as a member of the discipline committee. (3) Subject to this Act and the bylaws, the discipline committee may make rules regulating its business and proceedings. 2021, c 8, s 29. 16 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES Discipline hearing 30(1) If a report of the professional conduct committee recommends that the discipline committee hear and determine a formal complaint, the registrar shall, at least 10 business days before the day on which the discipline committee is to sit: (a) send a copy of the formal complaint to the member whose conduct is the subject of the hearing; and (b) serve notice on the member whose conduct is the subject of the hearing of the date, time and place of the hearing. (2) The professional conduct committee shall prosecute or direct the prosecution of the complaint, but its members shall not participate in any other manner in the hearing of the complaint except as witnesses when required. (3) The discipline committee shall hear the complaint and shall determine whether or not the member is guilty of professional misconduct or professional incompetence, notwithstanding that the determination of a question of fact may be involved, and the discipline committee need not refer any question to a court for adjudication. (4) The discipline committee may accept any evidence that it considers appropriate and is not bound by rules of law concerning evidence. (5) The discipline committee may employ, at the expense of the association, any legal or other assistance that it considers necessary, and the member whose conduct is the subject of the hearing, at the member’s own expense, may be represented by counsel. (6) The testimony of witnesses is to be under oath or affirmation administered by the chairperson of the discipline committee. (7) At a hearing by the discipline committee, there is to be full right: (a) to examine, cross‑examine and re‑examine all witnesses; and (b) to present evidence in defence and reply. (8) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member whose conduct is the subject of a hearing pursuant to this Act; (b) a member of the professional conduct committee; (c) a member of the discipline committee. (9) If a writ issued pursuant to subsection (8) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (10) If the member whose conduct is the subject of the hearing fails to attend the hearing, the discipline committee, on proof of service of the notice mentioned in subsection (1), may proceed with the hearing in the member’s absence. (11) If, during the course of a hearing, the evidence shows that the member whose conduct is the subject of the hearing may be guilty of a charge different from or in addition to any charge specified in the formal complaint, the discipline committee shall notify the member of that fact. 17 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 (12) If the discipline committee proposes to amend, add to or substitute the charge in the formal complaint, the discipline committee shall adjourn the hearing for any period that the discipline committee considers sufficient to give the member an opportunity to prepare a defence to the amended formal complaint, unless the member consents to continue the hearing. (13) The person, if any, who made the complaint pursuant to section 27: (a) is to be advised orally or in writing by the registrar of the date, time and place of the hearing; and (b) subject to subsection (15), is entitled to attend the hearing. (14) Subject to subsection (15), the discipline committee shall conduct all hearings in public. (15) The discipline committee may exclude members of the public and the person who made the complaint from any part of the hearing if the committee is of the opinion that evidence brought in the presence of the person or persons to be excluded will unduly violate the privacy of a person other than the member whose conduct is the subject of the hearing. 2021, c 8, s 30. Disciplinary powers 31(1) If the discipline committee finds a member guilty of professional misconduct or professional incompetence, it may make one or more of the following orders: (a) an order that the member be expelled from the association and that the member’s name be struck from the register; (b) an order that the member be suspended for a specified period; (c) an order that the member be suspended pending the satisfaction and completion of any conditions specified in the order; (d) an order that the member may continue to practise only under conditions specified in the order, which may include, but are not restricted to, an order that the member: (i) not do specified types of work; (ii) successfully complete specified classes or courses of instruction; (iii) obtain medical or other treatment or counselling or both; (e) an order reprimanding the member; (f) any other order that the discipline committee considers just. (2) In addition to any order made pursuant to subsection (1), the discipline committee may order: (a) that the member pay to the association, within a fixed period: (i) a fine in a specified amount not exceeding $25,000; and 18 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES (ii) the costs of the investigation and hearing into the member’s conduct and related costs, including the expenses of the professional conduct committee and the discipline committee and costs of legal services and witnesses; and (b) if a member fails to make payment in accordance with an order pursuant to clause (a), that the member be suspended. (3) After the conclusion of its hearing pursuant to section 30, the discipline committee shall: (a) make its decision as soon as possible; and (b) within 10 business days after the decision, send to the member whose conduct is the subject of the complaint and the person, if any, who made the complaint: (i) a copy of its decision; and (ii) if the discipline committee makes an order pursuant to this section, a copy of the order. (4) If a member is expelled or suspended from the association, the registrar shall strike the name of the member from the register or indicate the suspension on the register, as the case may be. (5) The discipline committee may inform a member’s employer of the order made against that member if that member has been found guilty of professional misconduct or professional incompetence. 2021, c 8, s 31. Continuity of committee 32 If an investigation is commenced by the professional conduct committee or a hearing is commenced by the discipline committee and the term of office of a member of the committee expires or is terminated before the investigation or hearing is disposed of, the person shall remain a member of the professional conduct committee or the discipline committee, as the case may be, for the purposes of completing the investigation or hearing, in the same manner as if the member’s term of office had not expired or been terminated. 2021, c 8, s 32. Criminal conviction 33 The discipline committee may make any order pursuant to section 31, if: (a) the member has been convicted of an offence pursuant to the Criminal Code; (b) a report of the professional conduct committee is made to the discipline committee respecting the conviction mentioned in clause (a); (c) the discipline committee has given the member mentioned in clause (a) an opportunity to be heard; and (d) the discipline committee finds that the conduct of the member giving rise to the conviction is professional misconduct. 2021, c 8, s 33. 19 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 Duty to report 34 If the professional conduct committee in its investigation pursuant to section 27 or the discipline committee at the conclusion of its hearing pursuant to section 30 believes that the member whose conduct is the subject of the investigation or hearing may be guilty of a criminal offence, the committee may immediately discontinue its investigation or hearing, as the case may be, and shall make a report of its findings to: (a) the president of the association; and (b) the Deputy Minister of Justice. 2021, c 8, s 34. Suspension 35 A judge of the court, on the application of the board, may direct that a member be suspended pending the disposition of a criminal charge if: (a) a criminal charge is laid against the member; and (b) the member has applied to the court for a stay of any disciplinary proceedings against the member. 2021, c 8, s 35. Review by board 36(1) A member may appeal the decision or any order of the discipline committee to the board by serving the registrar with a notice of appeal within 30 days after the decision or order if: (a) the member has been found guilty of professional misconduct or professional incompetence by the discipline committee; or (b) the member is subject to an order made pursuant to section 33. (2) An appellant shall set out the grounds of appeal in a notice of appeal mentioned in subsection (1). (3) On receipt of a notice of appeal, the registrar shall file with the board a true copy of: (a) the formal complaint sent and notice served pursuant to section 30 or the report of the professional conduct committee pursuant to section 34; (b) the transcript of the evidence presented to the discipline committee; and (c) the decision and order of the discipline committee. (4) The appellant or the appellant’s solicitor or agent may obtain from the registrar a copy of the documents filed pursuant to subsection (3) on payment of the costs of producing them. (5) On hearing an appeal, the board may: (a) dismiss the appeal; (b) quash the finding of guilt; (c) direct a new hearing or further inquiries by the discipline committee; 20 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES (d) vary the order of the discipline committee; or (e) substitute its own decision for the decision appealed from. (6) The board may make any order as to costs that it considers appropriate. (7) A member of board who is a member of the discipline committee shall not participate in the hearing of an appeal pursuant to this section. 2021, c 8, s 36. Appeal to court 37 A member whose conduct is the subject of an order of the board pursuant to section 36 may appeal that order to a judge of the court within 30 days after the order of the board, and section 36 applies with any necessary modification. 2021, c 8, s 37. Effect of appeal 38 The commencement of an appeal pursuant to section 36 or 37 does not stay the effect of the decision or order appealed from, but, on five days’ notice to the registrar, the appellant may apply to the court for a stay of the decision or order pending the disposition of the appeal. 2021, c 8, s 38. Effect of suspension and expulsion 39 If a member is expelled or suspended from the association, that member’s rights and privileges as a member are removed for the period during which the member is expelled or suspended from the association. 2021, c 8, s 39. Reinstatement 40(1) A person who has been expelled as a member may apply to the board for reinstatement. (2) Subject to the bylaws, on receipt of an application pursuant to subsection (1), the board shall: (a) review the application; and (b) investigate the application by taking any steps it considers necessary. (3) On completion of its investigation, the board may: (a) if it is satisfied that the person’s subsequent conduct and any other facts warrant reinstatement, order that the person be reinstated as a member on any terms and conditions that the board considers appropriate; or (b) by order, refuse to reinstate the person. (4) If, on an application pursuant to subsection (1), the board refuses to reinstate the person as a member, the person, within 30 days after the date of the order, may appeal the order of the board to a judge of the court and the judge may allow or disallow the appeal. 21 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 (5) On an appeal pursuant to subsection (4), the judge shall consider: (a) the proceedings before the board on the application for reinstatement; (b) the past record of the appellant as shown by the books and records of the association; and (c) the evidence taken before the board and any committee that dealt with the expulsion and application for reinstatement and the report of that committee. (6) A person whose application for reinstatement is refused or whose appeal of a refusal is dismissed may make another application for reinstatement, based on new information, at any time. 2021, c 8, s 40. PART 8 General Immunity 41 No action lies or shall be commenced against members of the board, the professional conduct committee, the discipline committee, any member of any committee, or any officer, employee or agent of the association for any loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of them pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the bylaws or in the carrying out or supposed carrying out of any decision or order made pursuant to this Act or the bylaws or any duty imposed by this Act or the bylaws. 2021, c 8, s 41. Offence and penalty 42 Every person who contravenes section 21 is guilty of an offence and liable on summary conviction to a fine of: (a) for a first offence, not more than $2,000; (b) for a second offence, not more than $4,000; and (c) for each subsequent offence, not more than $6,000 or to imprisonment for a term of not more than 6 months, or to both. 2021, c 8, s 42. Limitation of prosecution 43 No prosecution for a contravention of section 21 is to be commenced: (a) after the expiration of 24 months from the date of the alleged offence; and (b) without the consent of the Minister of Justice or the board. 2021, c 8, s 43. 22 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES Report of termination of employment 44 Any employer who terminates for cause the employment of a member shall report the termination to the association if the employer reasonably believes the cause is professional incompetence or professional misconduct. 2021, c 8, s 44. Review by Legislative Assembly 45(1) One copy of every bylaw and amendment filed with the Director of Corporations pursuant to section 16 is to be laid before the Legislative Assembly by the minister responsible for The Business Corporations Act in accordance with section 13 of The Executive Government Administration Act. (2) If any bylaw or amendment laid before the Legislative Assembly is found by the Assembly to be beyond the powers delegated by the Legislature or in any way prejudicial to the public interest, that bylaw or amendment ceases to have any effect and is deemed to have been revoked. 2021, c 8, s 45. Record of revocation and notification 46(1) If it appears from any Votes and Proceedings of the Legislative Assembly that any bylaw or amendment has ceased to have effect, the Clerk of the Legislative Assembly shall immediately: (a) forward two copies of the Votes and Proceedings to the Director of Corporations; and (b) advise the Director of Corporations that the copies are forwarded pursuant to this subsection. (2) On receipt of the copies mentioned in subsection (1), the Director of Corporations shall immediately: (a) file one of the copies with the bylaw or amendment to which it relates; (b) forward the other copy to the association; and (c) advise the association that the copy is forwarded pursuant to this subsection. 2021, c 8, s 46. Annual register 47 On or before February 1 in each year, the association shall file with the Director of Corporations a list, certified by the registrar to be a true list, showing: (a) the names of all members as at December 31 in the preceding year; (b) the addresses of the members mentioned in clause (a) as shown by the records of the association; and (c) the respective dates of admission of the members mentioned in clause (a). 2021, c 8, s 47. 23 CHARTERED PROFESSIONALS IN HUMAN RESOURCES c 8 Annual report 48 The association shall file an annual report with the minister in the form, with the contents and in the time prescribed by the minister. 2021, c 8, s 48. Compliance 49 Every member shall comply with this Act and the bylaws. 2021, c 8, s 49. Service of notices, etc. 50(1) Unless otherwise provided for in this Act or the bylaws, any notice or other document that is required to be served pursuant to this Act may be served by: (a) personal service made: (i) in the case of an individual, on that individual; (ii) in the case of a partnership, on any partner; or (iii) in the case of a corporation, on any officer or director; (b) registered mail addressed to the last business or residential address of the person to be served known to the registrar. (2) A notice or document sent by registered mail is deemed to have been served on the tenth business day following the date of its mailing, unless the person to whom it was mailed establishes that, through no fault of that person, the person did not receive the notice or document or received it at a later date. (3) If it is for any reason impractical to effect service of any documents in the manner provided for in subsection (1), the court may, on application without notice, make an order for substituted service. (4) A document served in accordance with the terms of an order mentioned in subsection (3) is deemed to have been properly served. 2021, c 8, s 50. Coming into force 51 This Act comes into force on assent. 2021, c 8, s 51. 24 CHARTERED PROFESSIONALS c 8 IN HUMAN RESOURCES REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024