First

Session, 49th General Assembly

Elizabeth II, 2020

BILL 25

AN ACT TO AMEND THE

SOCIAL WORKERS ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HAGGIE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Social

Workers Act to

change the name of the

Newfoundland and Labrador Association of Social Workers to the Newfoundland and

Labrador College of Social Workers;

update the terminology used to

describe the executive members of the board of directors; and

clarify the roles and

responsibilities of the board of directors and the college.

A BILL

AN ACT TO AMEND THE SOCIAL WORKERS ACT

Analysis

S.2 Amdt.

Definitions

PART I Amdt.

PART I

COLLEGE

S.4 R&S

College

S.5 Amdt.

Objects

S.6 R&S

College officers

S.7 R&S

College membership

S.8 R&S

College meetings

S.9 R&S

Board

S.10 R&S

Composition of board

S.11 Amdt.

Committees of the board

S.12 Amdt.

Appointment by minister

S.13 Amdt.

Administration

S.14 Amdt.

Register

S.15 Amdt.

Fees

S.16 Amdt.

Annual

report

S.17 Amdt.

By-laws

S.19 Amdt.

Temporary registration

S.20 Amdt.

Appeal

S.23 Amdt.

Definitions

S.24 Amdt.

Complaints and disciplinary panel

S.27 Amdt.

Complaints authorization committee

S.29 Amdt.

Hearing

S.31 Amdt.

Guilty plea by respondent

S.32 Amdt.

Powers of adjudication tribunal

S.35 Amdt.

Failure to comply

S.36 Amdt.

Re-hearing

S.37 R&S

Costs

of college

S.38 Amdt.

Collection of fine

S.39 R&S

Appeal to Supreme Court

S.39.5 Amdt.

Costs

S. 40 R&S

Protection

from liability

Transitional

NLR 21/18 Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2010 cS-17.2

as amended

(1) Paragraphs 2(

a) and (

b) of the Social Workers Act are repealed and the

following substituted:

(a) "board" means the board of directors

of the college referred to in

section 10;

(b) "college" means the Newfoundland and

Labrador College of Social Workers continued by this Act;

(2) Paragraph 2(

f) of the Act is repealed and the

following substituted:

(f) "social work" means the assessment,

remediation and prevention of psycho-social problems and the enhancement of the

social, psycho-social functioning and well being of individuals, families,

groups and communities by using social work knowledge, theory and skills to

(

i) provide direct

counselling and therapy services to a client,

(ii) develop, implement,

manage or deliver human service programs, including those done in collaboration

with other professions,

(iii) contribute to the

development and advancement of health and social policy, and

(iv) conduct research in

the science, technique and practice of social work.

2. The Act is amended by repealing the heading

"PART I ASSOCIATION" and substituting the following:

PART I

COLLEGE

Section 4 of the Act is repealed and the

following substituted:

College

(1) The Newfoundland and

Labrador Association of Social Workers is continued under the name the

Newfoundland and Labrador College of Social Workers as a corporation without

share capital for the purposes of

Part XXI of the Corporations Act .

(2) The

abbreviated form of the name of the college shall be "N.L.C.S.W.".

Section 5 of the Act is amended by deleting the

word "association" wherever it appears and substituting the word

"college".

Section 6 of the Act is repealed and the

following substituted:

College officers

(1) The

chairperson of the board shall be the chairperson of the college and shall

preside at meetings of the college.

(2) The vice-chairperson shall, in the absence of

the chairperson, preside at meetings of the college.

(3) The vice-chairperson

shall become the chairperson of the college when the chairperson leaves office.

(4) Where the vice-chairperson, for any reason,

does not assume the position of chairperson under subsection (3), a chairperson

shall be selected as provided for in the by-laws.

Section 7 of the Act is repealed and the

following substituted:

College membership

(1) The

members of the Newfoundland and Labrador Association of Social

Workers on the commencement of this Act are continued as members of the college

for the purpose of this Act.

(2) A person who holds a

certificate of registration as a social worker or is temporarily registered

under this Act and who has paid the required fees prescribed by the board is a

member of the college and has full voting rights.

(3) The college may

appoint persons to associate and other types of non-voting membership in

accordance with the by-laws.

(4) At meetings of the

college, each member of the college shall have one vote and in the case of a

tie, the chairperson or, in the absence of the chairperson, the vice-chairperson,

shall have a second or casting vote.

(5) Except where

prohibited in the by-laws, a member of the college may, where all the members

of the college consent, participate in a meeting of the college by means of the

telephone or other telecommunication device that permits all persons

participating in the meeting to communicate with each other.

Section 8 of the Act is repealed and the

following substituted:

College meetings

(1) The

college shall hold an annual general meeting in each year to which all members

of the college shall be invited, and may hold other general or special meetings

that are required during each year.

(2) At its annual

general meeting the college shall

(

a) appoint an auditor

to audit the accounts of the college and to report on the financial statements

of the college; and

(

b) consider and vote on

those other matters required by the by-laws.

Section 9 of the Act is repealed and the

following substituted:

Board

(1) The

board of directors of the Newfoundland and Labrador Association of Social

Workers is continued as the board of directors of the college.

(2) The college shall be governed by the board of

directors.

(3) The board shall

manage and conduct the business and affairs and exercise the powers of the

college for and on behalf of the college.

Section 10 of the Act is repealed and the

following substituted:

Composition of board

(1) The

board shall consist of

(a) 10 persons elected from and by social workers

in accordance with the by-laws ; and

(b) 4 persons appointed

by the minister under

section 12.

(2) The persons referred

to in paragraph (1)(

a) shall be elected by a majority vote of the members in

accordance with the by-laws.

(3) The chairperson and the vice-chairperson of

the board shall be selected in accordance with the by-laws.

(4) The board shall hold

office in the manner and for the time provided for in the by-laws.

(5) A member may be

elected for a term set by the by-laws which shall not exceed 3 years and is

eligible to be re-elected, but shall not serve as a member for more than 9 consecutive

years.

(6) An elected member

may resign his or her office by written notice to the board.

(7) Where an elected

member resigns, dies or becomes incapable of performing his or her duties, the

remaining members shall appoint a replacement to serve until the expiry of the

term of that elected member.

(8) Where the term of

office of a member of the board expires and a successor has not been elected or

appointed, the member may continue to hold office until a successor is elected

or appointed but time served by that member under this subsection shall not be

counted for the purpose of subsection (5).

(9) Elected members

shall serve without payment for their services, but their travel and other

expenses associated with their duties as members may be paid by the board, in

accordance with the by-laws.

(10) A quorum of the board

is 8 members, of whom one shall be an appointed member.

(11) At meetings of the board,

each member shall have one vote and in the case of a tie, the chairperson, or

in the absence of the chairperson, the vice-chairperson shall have a second or

casting vote.

(12) T he board may

determine its own procedure in the by-laws.

10. Subsection 11(1) of the Act is repealed and the

following substituted:

Committees of the

board

(1) The board may appoint committees to carry out the duties

and functions directed by the board.

11. (1) Subsection 12(1) of the Act is amended by

deleting the word "association" and substituting the word

"college".

(2) Subsection 12(6) of the Act is amended by

deleting the word "president" and substituting the word

"chairperson".

12. (1) Subsection 13(2) of the Act is amended by

deleting the word "board" and substituting the word

"college".

(2) Paragraph 13(3)(

b) of the Act is amended by

deleting the word "board" and substituting the word

"college".

13. Subsection 14(2) of the Act is amended by

deleting the word "board" and substituting the word

"college".

14. Subsection 15(2) of the Act is amended by

deleting the word "board" and substituting the word

"college".

15. (1) Subsection 16(1) of the Act is repealed and

the following substituted:

Annual report

(1) The

college shall prepare and submit to the minister not later than 6 months after

the end of the financial year a report on the activities of the college in the

previous year which shall contain the college's audited financial statements

for that financial year.

(2) Subsection 16(3) of the Act is amended by

deleting the word "board" and substituting the word "college".

(3) Subsection 16(4) of the Act is amended by

deleting the word "board" wherever it appears and substituting the

word "college".

(1) Section 17 of the Act is amended by adding

immediately after paragraph (

d) the following:

(d.1) the selection of the chairperson and

vice-chairperson of the board;

(2) Paragraph 17(

k) of the Act is repealed and the

following substituted:

(

k) the participation of members at a meeting of

the college or the board by telephone or other telecommunications device under

section 7;

(3) Paragraph 17(

o) of the Act is amended by

deleting the word "association" and substituting the word

"college".

17. Paragraph 19(

f) of the Act is amended by

deleting the word "association" and substituting the word "board".

18. Subsection 20(3) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

19. Paragraph 23(

d) of the Act is amended by

deleting the word "board" wherever it appears and substituting the

word "college".

20. Subsection 24(8) of the Act is amended by

deleting the word "board" and substituting the word "college".

21. Subsection 27(8) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

22. Subsection 29(2) of the Act is amended by

deleting the word "board" and substituting the word

"college".

23. (1) Paragraph 31(2)(

d) of the Act is amended by

deleting the word "board" and substituting the word

"college".

(2) Paragraph 31(2)(

e) of the Act is amended by

deleting the word "board" and substituting the word

"college".

(3) Subsection 31(3) of the Act is amended by

deleting the word "board" and substituting the word

"college".

24. (1) Paragraph 32(2)(

a) of the Act is amended by

deleting the word "board" and substituting the word

"college".

(2) Paragraph 32(3)(

d) of the Act is amended by

deleting the word "board" and substituting the word

"college".

(3) Paragraph 32(3)(

e) of the Act is amended by

deleting the word "board" and substituting the word

"college".

(4) Subsection 32(4) of the Act is amended by

deleting the word "board" and substituting the word

"college".

Section 35 of the Act is amended by deleting

the word "board" wherever it appears and substituting the word

"college".

26. Subsection 36(4) of the Act is amended by

deleting the word "board" and substituting the word

"college".

Section 37 of the Act is repealed and the

following substituted:

Costs of college

(1) Where a person who was ordered to pay the costs of the

college under paragraph 31(2)(

e) or 32(3)(

e) fails to pay in the time required,

the board may suspend the registration of that person until the costs are paid.

(2) Costs ordered to be paid to the college under

paragraph 31(2)(

e) or 32(3)(

e) are a debt due the college and may be recovered

by a civil action.

28. (1) Subsection 38(1) of the Act is repealed and

the following substituted:

Collection of

fine

(1) Where an order is made under

section 31 or 32 imposing a

fine on a respondent, the college may issue a certificate stating the amount of

the fine due and remaining unpaid and the name of the person by whom it is

payable, and file the certificate with the Supreme Court.

(2) Subsection 38(2) of the Act is amended by

deleting the words "Trial Division" wherever they appear and substituting

the words "Supreme Court".

(3) Subsection 38(3) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

Section 39 of the Act is repealed and the

following substituted:

Appeal to Supreme

Court

(1) The

college or the respondent may, within 30 days after receiving notice of the

decision or order of an adjudication tribunal under this Act, appeal the

decision or order to the Supreme Court by filing a notice of appeal with the

court.

(2) An

appeal under this

section does not stay the decision or order being appealed

unless the Supreme Court orders otherwise.

Section 39.5 of the Act is amended by deleting

the word "association" and substituting the word "college".

Section 40 of the Act is repealed and the

following substituted:

Protection from

liability

40. An

action for damages does not lie against the registrar, an officer, employee or

agent of the board or the college, a member of a committee of the board or the

college, a member of a disciplinary panel, adjudication tribunal or the

individual members of those bodies, or a person appointed by the complaints

authorization committee to conduct an investigation for

an act or failure to act or a proceeding initiated or carried out in

good faith under this Act, or for carrying out duties or obligations authorized

under this Act or for a decision or order made or enforced in good faith under

this Act.

Transitional

(1) Members of the board of directors of the

Newfoundland and Labrador Association of Social Workers holding office

immediately before the coming into force of this Act shall continue to be

members of the board.

(2) A person who is the president immediately

before the coming into force of this Act shall be the chairperson until his or

her term expires.

(3) A person who is the president-elect

immediately before the coming into force of this Act shall be the vice-chairperson

until his or her term expires.

NLR 21/18 Amdt.

(1) Section 8 of the Social Workers Regulations published under the Social

Workers Act is amended by deleting the word "association"

wherever it appears and substituting the word "college".

(2) Subsection 11(2) of the Regulations is amended

by deleting the word "board" and substituting the word

"college".

Commencement

34. This Act comes into force on September 30,

Queen's Printer