5th Session, 42nd Legislature
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Bill 233
THE CHARTERED PROFESSIONALS IN HUMAN RESOURCES ACT
TABLE OF CONTENTS
| PART 1 INTERPRETATION |
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| 1 | Definitions | |
| (2) | Reference to "Act" includes by-laws | |
| PART 2 CHARTERED PROFESSIONALS IN HUMAN RESOURCES MANITOBA |
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| 2 | CPHR Manitoba | |
| (2) | Membership | |
| (3) | Powers and capacity | |
| (4) | Duty to serve public interest | |
| (5) | Mandate | |
| (6) | Annual general meeting | |
| (7) | Special general meeting | |
| (8) | Notice of meetings | |
| 3 | Board | |
| (2) | Board to manage affairs | |
| (3) | Composition of board | |
| (4) | Public representatives | |
| (5) | By-laws for election or appointment of members | |
| 4 | Board appointments | |
| (2) | Appointment of registration committee | |
| PART 3 BY-LAWS |
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| 5 | By-laws | |
| (2) | Approval of by-laws | |
| 6 | By-laws are public documents | |
| PART 4 REGISTRATION |
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| REGISTERS | ||
| 7 | Establishing registers | |
| (2) | Entry in register | |
| (3) | Entry in other registers | |
| (4) | Registers are open to public | |
| 8 | Removal from register | |
| (2) | Effect of removal from register | |
| REGISTRATION | ||
| 9 | Registration as registered human resource professional | |
| (2) | Registration as candidate member | |
| (3) | Name to be entered in appropriate register | |
| 10 | Application for registration not approved | |
| (2) | Appeal to board | |
| (3) | Hearing | |
| (4) | Right to appear and make representations | |
| (5) | Participation by registration committee | |
| (6) | Board decision | |
| (7) | Notice of decision on appeal | |
| (8) | Appeal to court | |
| (9) | Powers of court on appeal | |
| 11 | Certificate of registration to be issued | |
| (2) | Period of validity of certificate | |
| 12 | Renewal of membership | |
| PROHIBITIONS | ||
| 13 | Prohibitions on holding out or use of title | |
| 14 | False or misleading information | |
| PART 5 COMPLAINTS |
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| 15 | Definitions | |
| COMPLAINTS COMMITTEE | ||
| 16 | Complaints committee | |
| (2) | Public representatives | |
| 17 | Complaints against members | |
| (2) | Complaints against former members | |
| 18 | Referral to complaints committee | |
| (2) | Notice of referral | |
| 19 | Informal resolution | |
| (2) | Investigation | |
| (3) | Persons eligible to be an investigator | |
| (4) | Records and information | |
| (5) | Failure to produce records | |
| (6) | Investigation of other matters | |
| (7) | Report to the complaints committee and investigated member | |
| DECISION OF COMPLAINTS COMMITTEE | ||
| 20 | Decision of complaints committee | |
| (2) | Matter not resolved by mediation | |
| (3) | Decision given to member and complainant | |
| (4) | Hearing not required | |
| 21 | Conditions on right to practise | |
| (2) | Costs | |
| CENSURE | ||
| 22 | Personal appearance | |
| (2) | Publication of censure | |
| (3) | Order for costs | |
| VOLUNTARY SURRENDER OF REGISTRATION | ||
| 23 | Voluntary surrender of registration | |
| (2) | Order for costs | |
| 24 | Conditions on reinstatement | |
| APPEAL BY COMPLAINANT | ||
| 25 | Appeal by complainant to the board | |
| (2) | Notice | |
| (3) | Power on appeal | |
| (4) | Notice of decision | |
| (5) | Hearing not required | |
| MISCELLANEOUS | ||
| 26 | Referral to inquiry committee | |
| 27 | Disclosure of information to authorities | |
| INQUIRY COMMITTEE | ||
| 28 | Inquiry committee | |
| (2) | Public representatives | |
| 29 | Selection of panel | |
| (2) | Composition | |
| (3) | Exclusion from panel | |
| (4) | Effect of member being unable to continue | |
| HEARINGS | ||
| 30 | Hearing | |
| (2) | Date of hearing | |
| (3) | Notice of hearing | |
| (4) | Public notice of hearing | |
| 31 | Procedure | |
| (2) | Rules of evidence do not apply | |
| (3) | Right to appear and be represented | |
| (4) | Adjournments | |
| (5) | Recording of evidence | |
| 32 | Member may examine documentary evidence | |
| (2) | Member to provide documentary evidence | |
| (3) | Evidence of expert without report | |
| (4) | Failure to comply — documentary evidence or summary | |
| 33 | Investigation of other matters | |
| 34 | Hearing open to public | |
| (2) | Request for private hearing | |
| (3) | When private hearing may be held | |
| (4) | Reasons for excluding public to be made available | |
| 35 | Evidence | |
| (2) | Power to administer oaths | |
| 36 | Witnesses | |
| (2) | Notice to attend and produce records | |
| (3) | Registrar to provide notices | |
| (4) | Witness fees | |
| (5) | Failure to attend or give evidence | |
| 37 | Hearing in absence of member | |
| DECISION OF PANEL | ||
| 38 | Decision of panel | |
| (2) | Findings of panel | |
| 39 | Orders of panel | |
| (2) | Panel may consider past censure | |
| (3) | Ancillary orders | |
| (4) | Costs when conditions imposed | |
| (5) | Contravention of order | |
| 40 | Costs and fines | |
| (2) | Nature of costs | |
| (3) | Failure to pay costs and fines by time ordered | |
| (4) | Filing of order | |
| DECISION | ||
| 41 | Written decision | |
| (2) | Decision forwarded to registrar | |
| (3) | Service of decision | |
| (4) | Copies of transcript | |
| 42 | Publication of decision | |
| APPEAL TO COURT OF APPEAL | ||
| 43 | Appeal to Court of Appeal | |
| (2) | Commencement of appeal | |
| (3) | Appeal based on record | |
| 44 | Powers of Court on appeal | |
| 45 | Stay pending appeal | |
| REINSTATEMENT | ||
| 46 | Reinstatement | |
| PART 6 COMPLIANCE |
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| INSPECTORS | ||
| 47 | Appointment of inspectors | |
| (2) | Review of practice | |
| 48 | Entry of premises and inspection of records | |
| (2) | Entry of dwelling with consent | |
| (3) | Admissibility of copies | |
| (4) | Warrant for entry and inspection | |
| (5) | Conditions | |
| (6) | Obtaining assistance | |
| (7) | Concealing, etc., records from an inspector | |
| OFFENCES | ||
| 49 | Offence | |
| (2) | Offence re confidentiality of information | |
| (3) | Officers, directors and employees | |
| (4) | Limitation on prosecution | |
| (5) | Fines payable to government | |
| (6) | Prosecution of offence | |
| (7) | Stay of proceedings | |
| INJUNCTION | ||
| 50 | Injunction | |
| PART 7 GENERAL PROVISIONS |
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| SERVICE OF DOCUMENTS | ||
| 51 | Service of documents | |
| (2) | Deemed receipt | |
| REGISTRAR'S CERTIFICATE | ||
| 52 | Registrar's certificate | |
| PROTECTION FROM LIABILITY | ||
| 53 | Protection from liability | |
| CONFIDENTIALITY OF INFORMATION | ||
| 54 | Confidentiality of information | |
| PART 8 TRANSITIONAL PROVISIONS, C.C.S.M. REFERENCE AND COMING INTO FORCE |
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| TRANSITIONAL PROVISIONS | ||
| 55 | Membership | |
| 56 | Powers of existing board | |
| (2) | Existing board may continue to act until new board established | |
| C.C.S.M. REFERENCE | ||
| 57 | C.C.S.M. reference | |
| COMING INTO FORCE | ||
| 58 | Coming into force | |