Self-Regulation - Info for Members

Overview:

In June 2023, The Chartered Professionals in Human Resources Act was passed, self-regulating the Human Resources profession in Manitoba. This Act strengthens our ability to protect employers, employees and our economy.

 

Status:

The Chartered Professionals in Human Resources Act has achieved royal assent and will come into force on a day to be fixed by proclamation. On April 10, 2025, Minister Sala announced that this bill will come into effect on June 1, 2025.

 

Across Canada:

On May 13, 2021, CPHR Saskatchewan was officially granted the public protection mandate for its members. CPHR Saskatchewan is now governed by The Chartered Professionals in Human Resources Act, and by its' Board of Directors pursuant to its' Bylaws. This Act allows CPHR Saskatchewan to regulate the registration for members, continue to grant the CPHR designation, and ensure competent HR practice through the Code of Ethics and Standards of Professional Conduct.

Ontario and Quebec also have regulated HR professions. CPHR Alberta is actively communicating with their provincial government and all the other Provinces and Territories are moving toward the same goal. Collectively and individually, we are moving forward and broadening our communication with government, business and industry, our post-secondary education partners and, you, our members, to support our application.

 

Key Points:

  1. With Self-regulation, the HR profession and CPHR designation becomes stronger. The public, employers and employees can be confident that HR Professionals in Manitoba workplaces are held to the highest standard of HR practice in the country in dealing with issues such as employment and labour standards, occupational health and safety, human rights legislation, sexual harassment and bullying in the workplace, wellness, and mental health.
  2. Employers, employees, organized labour and the public have come to understand first-hand the value of a mature and comprehensive HR environment to help protect individuals, mitigate risk and keep our economy functioning. This has been proven consistently during the last few years, which have marked the greatest workplace upheaval since World War II.
  3. The Self-regulation of CPHR Manitoba does not cost government or industry any money; and in fact, can save time and money for government and employers.
  4. Self-regulation has the support of Manitoba’s business leaders, the Chamber of Commerce and Post-secondary Education.
  5. CPHR Manitoba and provincial associations across Canada are moving toward Self-regulation as the means to help protect employers’ and employees’ interests by ensuring members of CPHR Manitoba uphold ethical and best HR practice in Manitoba workplaces.

Click here to see Bill 233: The Chartered Professionals in Human Resources Act.

In terms of advancing the credibility and respect of the HR profession overall and the CPHR designation specifically, this legislation is a great stride forward. We see it as a key piece in advancing all our goals, which in return helps to advance each of our careers.


What is professional Self-Regulation?

Professional regulation can be thought of as a form of consumer protection. Self-regulation is based on the concept of an occupational group entering into an agreement with government to formally regulate the activities of its members. As a condition of delegation of such regulatory powers, the governing or regulatory body is required to apply such powers in a manner that is guided by the public interest. Being recognized by the government as a regulated profession is seen by many as the difference between being just another self-declared profession and a ‘real’ profession.

 

As a CPHR Manitoba member, what does Self-regulation mean and what impacts does it have on the profession and on employers?

Self-regulation is Provincial legislation that gives CPHRs the authority to uphold best HR practice in Manitoba workplaces.

With Self-regulation, the CPHR designation has become a stronger and clearer seal of trust. The public, employers and employees can be confident that CPHRs in Manitoba workplaces are held to the highest standard of HR practice in the country. The key difference is that organizationally and individually, we are responsible for the reasonable protection of the public. Therefore, the public has the ability to report complaints or inquiries to CPHR Manitoba for resolution. And as a practicing CPHR, you have the legal authority and the responsibility to uphold the national standards in your workplaces, as does a CPA or a lawyer.

In much the same way, it becomes the legal responsibility of the CPHR to ensure that these standards are maintained in their workplaces. This provides greater leverage for you as a CPHR to fulfill your role and provide greater confidence to employers and employees that CPHRs have the systems and measures in place that allow them to focus on their business and career goals.


How does having legislation change our ability to regulate the profession?

Before Self-regulation, a system was already in place for members to complain about conduct of members. Over the years, we strengthened that with more robust Code and the creation of two committees, but there were limitations. The chart below shows how the processes have changed with legislation.

Additionally, having legislation further instils courage for our members to ensure employers are following employment standards, human rights legislation and acting in good faith with employees. It also allows us to better hold our members accountable as we have additional tools (such as compelling employers to participate in an investigation, additional disciplinary options, etc.) at our disposal.


Past

With Legislation

CPHR member

Code of Ethics & Rules of Professional Conduct members must abide by.

Robust complaints process including investigation and discipline.

Discipline would involve revocation of designation and potentially membership.

Same as past however, key differences are:

  • Legislation which compels member’s employer and others to participate in the investigation.

Additional disciplinary options such as: mandated training, fines, suspensions for a period of time.

Member who is not yet designated

Code of Ethics & Rules of Professional Conduct members must abide by.

Robust complaints process including investigation and discipline.

Discipline would involve revocation of membership.

Same as past however, key differences are:

  • Legislation which compels member’s employer and others to participate in the investigation.

Additional disciplinary options such as: mandated training, fines, suspensions for a period of time.

Non-member

If using title when they are not designated:

  • Send cease and desist letter.
  • If they continue to ignore it, file copyright infringement.

This is difficult to enforce.

Legislation includes a built-in mechanism for fining individuals that misrepresent themselves as CPHRs.

This is a key differentiator between our past quasi-regulatory state and being legislated by the province.

 

 

What steps did CPHR Manitoba take to receive Self-regulation?

CPHR Manitoba’s original submission was made in the fall of 2017. In the years leading up to Royal Assent, we focused on further strengthening our designation and association and preparing for legislation to regulate the profession.

On May 10, 2023, the Government of Manitoba introduced Bill 233: The Chartered Professionals in Human Resources Act for first reading. To receive Royal Assent and become a law, the Bill passed through the following stages in the House:

1.     INTRODUCTION AND FIRST READING

The Sponsor of a Bill (an MLA) moves that a Bill be read a first time and introduced in the House. The motion is not debatable, but the MLA may offer a brief explanation of the Bill's purpose.

2.     SECOND READING

The Bill is debated and either accepted or rejected. Adoption of a second reading motion means the Legislative Assembly approves the principle of the Bill. During the question period of second reading, motions can be moved to amend the Bill or postpone for six months.

3.     COMMITTEE STAGE

After a Bill has passed Second Reading it is referred to a Standing, or Special Committee or to a Committee of the Whole House.

During committee stage, members of the public may present oral and written submissions concerning the proposed Bill. After the public has been heard from, the Committee proceeds to a clause-by-clause consideration of the Bill. At this time, amendments may be proposed and considered.

4.     REPORT STAGE

The committee reports on the Bill to the House. MLAs may propose further amendments to specific Bill clauses. The sponsor moves concurrence and third reading after any amendments have been disposed of.

5.     CONCURRENT AND THIRD READING

At this point, the Bill is debatable and amendments may be proposed, but debates are usually brief, in part since most Concurrence and Third Reading motions are moved in the final days of session. Adoption of a Concurrence and Third Reading motion signals passage of a Bill.

The Chartered Professionals in Human Resources Act achieved royal assent on May 30, 2023.

proclamation is a formal announcement made by the Lieutenant Governor under the Great Seal of the Province of Manitoba pursuant to an Order in Council. Proclamation sets the coming-into-force date. In our case, that will be June 1, 2025.

Meanwhile, transitional provisions are as follows:

Membership
The registrar must enter the name of every person who is a member in good standing of the Chartered Professionals in Human Resources of Manitoba Inc. on the day this Act comes into force into the appropriate category of the register of registered human resource professionals.

Powers of existing board
After this Act receives royal assent but before it comes into force, the existing board of directors of the Chartered Professionals in Human Resources of Manitoba Inc. and its staff and committees may do anything that is necessary or advisable to bring this Act into force, including the making of by-laws, and they may perform any activities that the board under this Act, and its staff and committees, could do under this Act, if it were in force.

Existing board may continue to act until new board established
The members of the board of directors of the Chartered Professionals in Human Resources of Manitoba Inc. on the day this Act comes into force are deemed to be the members of the board under this Act, elected or appointed for the same period and holding the same offices, until a board is established in accordance with section 3 of this Act.

 

How has CPHR Manitoba prepared for the Act to come into effect?

Collectively, we’ve been operating largely as a self-regulated entity, in preparation. We have had public representatives on the board and certain committees, and much work has been done behind the scenes to prepare:

  • The updated bylaws completed at last year’s AGM will come into effect June 1
  •  Three new committees have been struck with updated Terms of Reference:
    • The former Complaints & Investigations Committee becomes the Complaints Committee.
    • The former Discipline Committee becomes the Inquiry Committee.
    • And there is a new Registration Committee.
    • We’ve also update the complaints process to better align with the act and administrative law.


This new structure ensures that we will be able to assess complaints and address them thoughtfully and with the appropriate accountability, to continue to earn the trust of all involved.

We’ve been working for 12 years toward the self-regulation of CPHRs in Manitoba, because we see this as the future of the HR profession here, and across Canada.

We have long understood the value that your work brings to employers and employees alike. Now, that value is recognized with the legal authority to protect the public. CPHRs have always worked hard to create better workplaces and better communities – creating safety, stability and opportunity for hundreds of thousands of our fellow Manitobans.

This is a recognition of trust that you have earned and a responsibility we will proudly, collectively uphold.

 

Click here to read The Chartered Professionals in Human Resources Act.
People Leading Business.TM
CPHR Manitoba is located on Treaty 1 territory, the home and traditional lands of the Annishinabe (Ojibwe), Ininew (Cree), Oji-Cree, Dakota and Dene peoples, and in the National Homeland of the Red River Métis. Our clean drinking water comes from Shoal Lake 40 First Nation in Treaty 3 territory.