1.8.2 Human Resource Practices

The purpose of this standards section is to provide transparency and fairness in the hiring process for all positions. It applies to mandated child and family services agencies and licensed adoption agencies.

• Legislation

  The Child and Family Services Authorities Act

  Ministerial responsibilities under section 24 of The Child and Family Services Authorities Act include establishing policies and standards for the provision of child and family services. Child and family services include adoption services under The Adoption Act.

  Section 19 of the Act lists the duties of child and family services authorities. Clause (b) requires authorities to develop objectives and priorities for child and family services consistent with provincial objectives and priorities. Under clause (d), authorities must ensure that the culturally appropriate standards they develop are consistent with provincial standards, objectives and priorities. Clause (f) requires authorities to establish hiring criteria and ensure agencies implement them.

  The Child and Family Services Act

  Section 86(k.1) of The Child and Family Services Act provides for the making of a regulation with respect to qualifications to be met by persons who provide services to or for agencies. Section 3 of the Child and Family Services Regulation pertains to child abuse, criminal record and prior contact checks. Section 4 applies to qualifications of agency contract staff.

  The Adoption Act

  Section 127(2)(c) of The Adoption Act provides for the making of a regulation with respect to qualifications to be met by persons who provide services to or for agencies. Section 45 of the Adoption Regulation pertains to persons who provide adoption services for an adoption. Section 46 applies to persons who provide adoption services for a child and family services agency on a contract basis.

  Other Relevant Legislation

  In addition to the specific provisions noted, the following federal and provincial Acts also govern human resource practices:

  • The Canadian Charter of Rights and Freedoms guarantees equality and mobility rights and freedom from unreasonable discrimination.
  • The Human Rights Code (Manitoba) prohibits unreasonable discrimination on matters relating to employment. The Code requires managers to make reasonable accommodation of differences related to characteristics prohibited by the Code. It also allows for employment equity programs and other special programs.
  • The Employment Standards Code sets out minimum working conditions for all individuals employed in Manitoba.
  • The Labour Relations Act (Manitoba) promotes fair labour practices.
  • The Public Service Act and The Civil Service Superannuation Act apply only to provincial government departments, agencies and their employees.
  • The Workers’ Compensation Act provides for compensation to eligible persons injured in the workplace.
  • The Workplace Safety and Health Act sets out the responsibilities of employers with respect to workplace safety and health.

• Policy

  Agency Human Resource Policies

  Provincial policies with respect to human resource practices of external (non-government) agencies are reflected in the Board/Staff Relations chapter in the Department of Families publication entitled The Roles, Responsibilities and Functions of a Board: A Board Development Guide.  This guide was prepared for board and staff of provincially funded social service agencies.

  Regional offices of the department follow the principles and policies for managing human resources developed by the Public Service Commission.

  Child and family services agencies are also required to follow culturally appropriate standards developed by their respective mandating authorities pursuant to section 19 of The Child and Family Services Authorities Act.

  Agency Hiring Practices

  Child and family services agencies and licensed adoption agencies are expected to employ or retain skilled and experienced workers capable of delivering services under The Child and Family Services Act and The Adoption Act. When appropriate, agencies may also adopt an affirmative action program or give priority to developing an Indigenous workforce. All applicants for employment as an agency worker, including contracted persons, are subject to satisfactory criminal record, child abuse registry and prior contact checks. Applicants will be subject to a check of their academic credentials. 

  For child and family services authorities and agencies, entry-level qualifications for child protection staff must reflect the following considerations:

  • academic credentials
  • competency-based skills
  • suitability and relevance of work experience
  • equivalencies
  • cultural appropriateness

• Standard

  Written Agency Human Resources Policies

  1. An agency must have written human resource policies that at a minimum contain information on the following:
  • the organization (charts, job descriptions, terms for each position)
  • conditions of employment (hours, breaks, outside work, other conditions)
  • staffing policy (recruitment and hiring, probation, retirement, resignation)
  • compensation (salaries, terms of payment, overtime, vacations, sick pay, benefits, expenses, absence from work)
  • performance reviews, professional development and reclassifications
  • confidentiality
  • conflict of interest
  • employee rights (reporting protocols, grievance procedures, termination)

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