Social Workers Act

May 29, 2008

1527898742/08031/tlc08031_f

E3tlc08031

Definitions

In this Act:

board means the board of the college constituted under

section

bylaw means a bylaw of the college made under

section 8 or

college means the British Columbia College of Social Workers

established under

section 2 (1);

former Act means the Social Workers

Act , R.S.B.C. 1996, c. 432;

inspector means an inspector for the college appointed under

section

20;

registrant means a person who is granted registration as a

member of the college in accordance with

section 13;

registrar means the person appointed as registrar for the

college under

section 12 (1);

social work means the assessment, diagnosis, treatment and

evaluation of individual, interpersonal and societal issues through the use of social work

knowledge, skills, interventions and strategies, to assist individuals, couples, families,

groups, organizations and communities to achieve optimum psychological and social

functioning;

social worker means a person who practises social

work.

British Columbia College of Social Workers

College established

The British Columbia College of Social Workers is established.

The college is a corporation consisting of

the members of the board referred to in

section 4, and

the persons who are registrants.

For the purposes of this Act, the college has all the powers and capacity of a

natural person.

The Business Corporations Act does not

apply to the college unless the Lieutenant Governor in Council, by order, provides that

specified provisions of that Act apply to the college, in which case the specified

provisions apply.

Duty and objects

In carrying out its objects, it is the duty of the college at all

times

to serve and protect the public, and

to exercise its powers and discharge its responsibilities under this Act in

the public interest.

The college has the following objects:

to superintend the practice of social work;

to govern registrants according to this Act;

to establish the qualifications required for registration as a

registrant;

to establish and employ registration, inquiry and discipline practices which

are transparent, objective, impartial and fair;

to establish, monitor and enforce standards of practice and establish ethical

standards to enhance the quality of practice;

to establish and maintain a continuing competence program to promote high

practice standards amongst registrants;

to receive and investigate complaints against registrants and to deal with

issues of discipline, professional misconduct, incompetence and incapacity;

to administer the affairs of the college and perform other duties through the

exercise of the powers conferred under this Act.

Board

The board of registration for social workers under the former Act is continued

as the first board under this Act until the time at which

the board members referred to in subsection (3) (

a) are first

elected, and

the board members referred to in subsection (3) (

b) are

appointed.

The minister must specify the date on or before which a first election must be

held to elect the board members referred to in subsection (3) (a).

Following the first election referred to in subsection (1), the board must

consist of

not fewer than 4 registrants elected in accordance with the bylaws,

and

not fewer than 2 persons appointed by the minister.

The number of persons appointed under subsection (3) (

b) must not

less than 1/3 of the total board membership, and

more than the number of persons elected under subsection (3) (a).

Persons appointed under subsection (3) (

b) must not be

registrants, former registrants or persons qualified to be

registrants,

persons who are authorized by

section 18 (2) to use the

title "social worker", or

members of the British Columbia Association of Social Workers.

Subject to the board's direction, a member of the board who resigns or whose

term of office expires may, even if a successor is elected or appointed, continue to

serve as a member of a committee established under

section 8 (1) or 2 (

g) to

complete work of the committee that began before the resignation or expiry.

Despite subsections (3) and (4), a board duly constituted under subsection

(3) continues to govern if for any reason the number of persons elected or

appointed falls below the minimum requirements of those subsections.

Election validation

Immediately after an election, the registrar must

certify each person who is elected as a member of the board by issuing a

certificate of membership to the person elected, and

specify in the certificate the dates on which the member's term of office

begins and ends.

Subject to this section, a certificate under subsection (1) is conclusive

evidence that the person named in the certificate has been elected a member of the

board.

A registrant may, within 30 days of the issue of a certificate under subsection

(1), question the certificate by petition to the Supreme Court, setting out

the grounds on which the registrant questions the certificate.

A petition must be served on the registrar and on the person certified to be

elected.

A petition must be heard in a

summary way.

The court may give directions on procedure and on persons to be served with the

petition.

The court may decide that a person was elected or may order a new election and

give directions.

A decision of the court is not subject to appeal and the college and all other

persons must be governed by it.

Subsection (1) applies to, and subsection (3) does not apply to,

a new election held under subsection (7).

Oath of office

Before taking office, a person elected or appointed to the board must take and

sign, by oath or solemn affirmation, a prescribed oath of office within the following

applicable time limit:

in the case of a person elected by acclamation, within 45 days after the date

set for voting day had an election by voting been required;

in the case of a person elected by voting, within 45 days after the

declaration of the results of the election;

in the case of a person appointed to office, within 45 days after the

effective date of the appointment.

The oath must be taken before a judge of the Court of Appeal, Supreme Court or

Provincial Court, a justice of the peace or the registrar, and the person taking the

oath must obtain the completed oath or a certificate of it from the person administering

it.

A person appointed or elected to the board must present the completed oath

required by subsection (1) or a certificate of it to the registrar within the applicable

time limit under subsection (1) (a), (

b) or (

c) and before the person takes office on the

board.

If a person elected or appointed to the board does not take and sign the oath

required by subsection (1) or does not comply with subsection (3) within the time limits

set by those subsections, the office to which that person was elected or appointed is

vacant and the vacancy may be filled under

section 4 (3) (

a) or (b), as the case may

be.

Responsibilities of board

The board must govern, control and administer the affairs of the college in

accordance with this Act.

The board must submit to the minister an annual report respecting the college,

including information that the minister may prescribe, not later than 120 days after the

end of the fiscal year for the college.

The board may do any of the following:

establish standards, limits or conditions for the practice of social work by

registrants;

establish standards of professional ethics for registrants;

establish professional standards of conduct for registrants;

establish requirements for continuing education and for continuing competence

for registrants;

establish a quality assurance program.

Bylaws — administrative

Subject to this Act and the regulations, the board must, by bylaw, establish a

registration committee, a registration appeals committee, an inquiry committee and a

discipline committee.

Subject to this Act and the regulations, the board may make bylaws to do any of

the following:

regulate the time, place, calling and conduct of meetings of the board and

general meetings of registrants;

establish the quorum for meetings of the board, resolutions of the board, the

annual general meeting and other meetings of registrants;

establish the terms of office of elected members of the board, the grounds and

procedures for removing elected members of the board before their terms of office have

expired and the manner by which vacancies on the board may be filled;

establish forms for the purpose of giving effect to the bylaws and requiring

registrants to use the forms;

provide for the appointment, removal, functions and duties of officers of the

college;

regulate and prohibit advertising or types of advertising by

registrants;

establish a quality assurance committee and other committees the board

determines are necessary or advisable;

in respect of a committee established under subsection (1) or paragraph (

g) of this subsection, provide for the following:

subject to the regulations, the composition of the committee, including the

appointment of non-board members and the appointment and removal of committee

members;

procedures to be followed by the committee, including the quorum for the

committee;

iii

the duties and powers of the committee;

the delegation of a duty or power of the board to the committee, other than

the power to make bylaws;

the delegation of a duty or power of the committee to panels of the

committee;

the publication of decisions and other documents of the

committee;

provide for remuneration of the members of the board and of committees

established under subsection (1) or paragraph (

g) of this

subsection;

establish a tariff of costs to partially indemnify the college for the

expenses incurred by the college for investigations under

section

27;

establish a tariff of costs to partially indemnify parties for their expenses

incurred in the preparation for and conduct of hearings under

section

33, other than for investigations under

section 27;

establish requirements for registrants concerning

the collection of personal information from clients,

the creation of client records containing personal information,

and

iii

the creation of administrative and accounting records;

establish rules respecting access to client records;

establish rules for the protection of client information, including rules

respecting the retention, disclosure, storage and destruction by registrants

client records, and

administrative and accounting records;

provide for the general administration and operation of the

college.

A tariff of costs established under subsection (2) (

j) must not

provide for recovery of the remuneration paid to inspectors or members of the inquiry

committee.

A tariff of costs established under subsection (2) (

k) must not

provide for recovery of the remuneration paid to members of the discipline

committee.

Bylaws — registration

Subject to this Act and the regulations, the board may, with the approval of the

minister, make bylaws to do any of the following:

establish the number of members of the board to be elected, and the time,

manner and procedure for the election of registrants to the board under

section 4 (3)

(a);

establish classes of registrants and specify if members of a class are

eligible to be elected or to vote in an election referred to in

section 4 (3)

(a);

provide that different classes of registrants may be subject to registration

for a limited period of time and may be permitted to practise only in limited

ways;

establish requirements for

the registration of a person as a member of the college,

the issue, display, renewal and expiration of registration certificates,

and

iii

procedures for an application for review and the practice and procedure for

proceedings under sections 14 and 15;

provide for the recognition of registrants as specialists in a field of the

practice of social work;

specify the manner by which registrants may hold themselves out as specialists

in a field recognized under a bylaw made under paragraph (e);

establish the obligations that must be discharged by a registrant whose

registration is suspended;

establish the qualifications required for registration as a

registrant;

authorize a committee established under

section 8 (1) to determine if

an academic program meets the requirements of paragraph (

h) of this

subsection;

delegate to the registrar the power to determine whether an application for

registration meets the requirements of the bylaws;

establish requirements for maintenance of professional liability insurance

coverage by registrants;

establish fees payable to the college by applicants for registration, by

registrants, or for reinstatement of former registrants;

provide for special fees levied under the bylaws to be payable by

registrants;

establish requirements for renewal, suspension, cancellation and reinstatement

of the registration of persons practising social work, including providing for the

suspension or cancellation of the registration of a registrant for late payment or

non-payment of fees;

establish the maximum fine that the discipline committee may impose under

section 34

(4) (e);

defining, for the purposes of a bylaw, conduct unbecoming a professional and

professional misconduct;

defining any other terms necessary to give effect to the bylaws.

The minister must not approve a bylaw made under subsection (1) unless satisfied

that appropriate provision has been made respecting

each of the objects referred to in

section 3 (2), and

the election of registrants to the board under

section 4 (3) (a).

The board may do the things described in subsection (1) only by

bylaw.

Application of bylaws

This

section applies to sections 8 and 9.

Provisions in a bylaw made under this Act may be different for different classes

of registrants.

The minister may request the board to amend or repeal an existing bylaw for the

college or to make a new bylaw for the college if the minister is satisfied that this is

necessary or advisable.

If the board does not comply with a request under subsection (3) within 90 days

after the date of the request, the minister may amend or repeal the existing bylaw for

the college or make the new bylaw for the college in accordance with the

request.

A bylaw may not be made, amended or repealed under subsection (4) unless notice of

the proposed bylaw, amendment or repeal is given to the college

at least 3 months before the bylaw, amendment or repeal comes into force,

within a period, shorter than that set out in paragraph (a), that the

minister specifies as appropriate in the circumstances.

The board must

maintain a complete and accurate record of the bylaws that are in effect for

the college,

publish the bylaws electronically on the college website at least 3 months

before the bylaws come into force, unless the board specifies a shorter period of

notice as appropriate in the circumstances,

make the bylaws available for inspection by registrants and the public at the

office of the college and electronically on the college website, and

notify the minister and the registrants of amendments to the

bylaws.

Interjurisdictional cooperation

In this section, governing body means the governing body of a

social work profession in another province or a foreign jurisdiction.

The board may promote cooperation with a governing body by doing one or more of

the following:

entering into agreements with one or more governing bodies concerning the

interjurisdictional practice of social work;

entering into agreements with one or more governing bodies concerning the

interjurisdictional practice of social work, interjurisdictional credential

recognition or competence assessment for registration purposes, or other labour

mobility matters;

entering into information-sharing agreements, as defined in

section 69 (1) of

the Freedom of Information and Protection of Privacy Act ,

to allow the disclosure of information about a registrant to a governing body,

including information about practice restrictions, complaints, competency and

discipline.

The minister may, by order, approve an agreement described in subsection

(2) if the minister is satisfied it is in the public interest to do

so.

An agreement described in subsection (2) has no effect until it is approved by

the minister.

Registration

Registrar and register

The board must appoint a registrar for the college and may appoint a deputy

registrar for the college.

The registrar must maintain a register setting out, for each registrant, the

following:

the registrant's name, business address and business telephone

number;

the class of registration, including areas of specialization and related

credentials;

terms, conditions and limitations imposed by the college on the practice of

social work by the registrant;

a notation of each cancellation or suspension of registration;

any additional prescribed matters.

The registrar must include in the register a notation of any cancellation or

suspension of registration that occurred or was recorded before the coming into force of

this section.

The registrar must cancel the registration of a registrant in the register

the registrant requests or gives written consent to the

cancellation,

the registrant has failed to pay a fee for registration or for renewal of

registration or another fee within the required time,

the registration of the registrant has been cancelled under

section 34 (4)

(d),

the registrant has failed to pay a fine levied under

section 34 (4)

(e), or

notification is received of the registrant's death.

Subject to this Act, the registrar may, on grounds the registration committee

considers sufficient, cause the registration of a former registrant to be restored on

the register on payment to the college of

any fees or other sums in arrears and owing by the former registrant to the

college, and

any reinstatement fee required by the bylaws.

Registration

The registrar must grant registration in the college and issue a certificate of

registration to every person who, in accordance with the requirements of the

bylaws,

applies to the college for registration,

satisfies the registrar that the person is qualified to be a registrant,

and

pays the required fees, if any.

Despite subsection (1), the registrar may refuse to grant registration if the

registrar determines that

the person's entitlement to practise social work has been suspended or

cancelled at some time in British Columbia or in another jurisdiction,

an investigation, review or other proceeding is underway in British Columbia

or in another jurisdiction that could result in the person's entitlement to practise

social work being limited, suspended or cancelled,

the person's entitlement to practise as a registered social worker has been

voluntarily relinquished at some time in British Columbia or in another jurisdiction

with the effect of preventing the commencement or completion of an investigation,

review or other proceeding that could have resulted in the person's entitlement to

practise being suspended or cancelled, or

the person has been convicted of an indictable offence.

The registrar must provide written reasons to the applicant for refusing to

grant registration under subsection (2).

Before the registrar refuses to grant registration to a person who has been

convicted of an indictable offence, the registrar must be satisfied that the nature of

the offence or the circumstances under which it was committed give rise to concerns

about the person's competence or fitness to practise social work.

[Repealed 2013-8-54.]

A person must not apply for registration or continue to be registered as a

member of the college if the person knows that they are not qualified to be a

registrant.

A registrant may practise social work and, if practising, must do so in

accordance with this Act, the regulations and all standards, limits and conditions for

the practice of social work established by the board.

Review by registration committee

An applicant for registration may apply in writing to the registration committee

for a review of the registrar's decision under

section 13 (2) to refuse

registration.

An application under subsection (1) must be made within 30 days after the

day on which the person received notice of the registrar's decision.

Despite subsection (2), the registration committee may extend the time to file an

application for review under subsection (1) if

the time to file has expired, and

the registration committee is satisfied that special circumstances

exist.

The registration committee may hold any combination of written, electronic and

oral hearings.

After giving the applicant an opportunity to make submissions, the registration

committee may

confirm the decision of the registrar to refuse registration,

grant registration, or

grant registration that

is for a limited period,

requires the applicant to undergo additional training, education or

testing,

iii

is for a class of registration that is different from the class of

registration for which the applicant applied.

The registration committee must provide written reasons to the applicant for a

decision made under subsection (5).

Registration appeals committee

An applicant for registration who is adversely affected by the registration

committee's decision under

section 14 (5) (

a) or (

c) may apply in writing to the

registration appeals committee for a review of the decision.

An application under subsection (1) must be made within 30 days after the

day on which the person received notice of the registration committee's

decision.

Despite subsection (2), the registration appeals committee may extend the time to

file an application for review under subsection (1) if

the time to file has expired, and

the registration appeals committee is satisfied that special circumstances

exist.

The registration appeals committee may hold any combination of written,

electronic and oral hearings.

After giving the applicant an opportunity to make submissions, the registration

appeals committee may

confirm the decision of the registration committee,

substitute a decision that could have been made by the registration committee

in the matter, or

refer the matter back to the registration committee with

directions.

The registration appeals committee must provide written reasons to the applicant

for a decision made under subsection (5).

For the purpose of this section, members of the registration appeals committee

hearing an appeal under this

section must be different from the members of the

registration committee who made the decision being appealed.

Inspection of register

Subject to subsection (2), the register of the college must be

open to inspection by any person free of charge at all reasonable times during regular

business hours.

The registrar may refuse a person access to the register if the registrar

reasonably believes that

the access could threaten the safety of a registrant, or

the person seeking access is doing so for commercial purposes.

If access is refused under subsection (2), the registrar may disclose information

from the register that the registrar determines is appropriate in the

circumstances.

Certificate as evidence

A certificate signed by the registrar is proof, in the absence of evidence to the

contrary, of the matters stated in the certificate that relate to the records of the

college.

Title protection

Subject to subsection (2), no person other than a registrant may

use

the title "social worker" or "registered social worker", or

a title prescribed under this Act.

Subsection (1) does not prevent a person from using the title "social

worker", or an abbreviation of that title, if that person is a social worker who is, or

works for, a prescribed person.

Inspections, Inquiries and Discipline

Definition

In this Part, registrant includes a former

registrant.

Search and Seizure

Inspectors

The inquiry committee may appoint persons as inspectors for the

college.

The registrar is an inspector.

Powers and duties of inspectors

During regular business hours, an inspector may investigate, inquire into,

inspect, observe or examine one or more of the following without a court

order:

the premises, the equipment and the materials used by a registrant to

practise social work;

the records of a registrant relating to the registrant's practice of social

work, and may copy those records;

the practice of social work performed by or under the supervision of a

registrant.

The inquiry committee may direct an inspector to act under subsection (1) or

undertake any aspect of an investigation under

section 27.

If an inspector acts under this

section as a consequence of a direction given

under subsection (2), the inspector must report the results of those actions

in writing to the inquiry committee.

Search and seizure under court order

A person authorized by the inquiry committee may apply to the Supreme Court

for an order that authorizes an inspector for the college

to enter into the premises or land of a person named in the order at any

reasonable time and conduct an inspection, examination or analysis,

to require the production of any record, property, assets or things and to

inspect, examine or analyze them, and

on giving a receipt, to seize and remove any record, property, assets or

things inspected, examined or analyzed under paragraph (

a) or (

b) for

further inspection, examination or analysis.

Unless the court otherwise directs, an application under subsection

(1) may be made without notice to any person and may be heard in

private.

On application under subsection (1), the court may make an order under

this

section if satisfied on oath that there are reasonable grounds for believing that

evidence may be found

that a person who is not a registrant has contravened this Act,

that a person who is a registrant

has contravened this Act,

has failed to comply with a limit or condition imposed under this

Act,

iii

has acted in a manner that constitutes professional misconduct,

is not competent to practise social work, or

is experiencing a physical or mental ailment, an emotional disturbance

or an addiction to alcohol or drugs that impairs the person's ability to practise

social work.

In an order under this section, the court

must identify the premises or land to be entered and must generally describe

any thing to be searched for and examined, audited or seized,

may include any limitations or conditions the court considers proper,

including the time of entry, the disposition of things seized and the access by any

person to the things seized, and

may direct that

section 23 does not apply to a thing specified in

the order

if all limitations and conditions included under paragraph

(

b) are met, and

unless, within 21 days of the seizure of the thing, a person who owned or

controlled the thing at the time of the seizure requests by registered mail

addressed to the inquiry committee that

section 23 apply to the

thing seized.

A person who, while conducting or attempting to conduct an entry or search

under this section, finds any thing not described in the order that the person

believes on reasonable grounds will provide evidence in respect of a contravention of

this Act may seize and remove that thing.

Detention of things seized

For the purposes of subsection (2), the person who makes a seizure under

section

22 must report the seizure as soon as practicable to a judge of the

Supreme Court, who must be the judge who issued the order under which the seizure was

made unless this is not practicable.

On receiving a report under subsection (1), the judge

must

order the thing that was seized returned to its owner or other person

entitled to it unless satisfied that an order under paragraph (

b) should be

made, or

order the thing detained if satisfied that the detention is required for the

purposes of this Act.

An inspector may make one or more copies of any record detained under

subsection

(2).

A document purporting to be certified by a representative of the inquiry

committee to be a true copy made under the authority of subsection (3) is evidence of

the nature and content of the original document.

Subject to an order under

section 22 (4) (b), the person from whom any thing

is seized under this

section or the owner of the thing, if the owner is a different

person, is entitled to inspect that thing at any reasonable time and, in the case of a

record, to obtain one copy of the record at the expense of the board.

A record must not be detained under this

section for a period longer than 3

months from the time of its seizure unless, before the expiration of the period,

either

the person from whom it was seized agrees to its continued detention,

the Supreme Court, on application and after being satisfied that its

continued detention is justified, orders its continued detention for a specified

period of time.

Prohibition against obstructing inspection or search

A person must not obstruct an inspector in the lawful performance of duties or

the lawful exercise of powers under this Act.

A person must not obstruct a person acting under

section 22 or 23 or

under an order made under those sections.

Inquiry Committee

Criminal records review

For the purpose of sections 15 (2) (

b) and 16 (1) of the Criminal Records Review Act , if the college is

required under that Act to investigate or review an individual's registration or

application for registration, the investigation or review must be conducted by the

inquiry committee.

If the inquiry committee makes a decision arising from a determination under

the Criminal Records Review Act and the decision

adversely affects the registrant, the registrant may appeal the decision to the

Supreme Court and, for those purposes, the provisions of

section 35 respecting an

appeal from a decision of the discipline committee apply to an appeal under this

section.

Complaints to be made to registrar

A person who wishes to make a complaint against a registrant must deliver a

written complaint to the registrar.

The registrar, if authorized by the board, may dismiss all or part of a

complaint without reference to the inquiry committee if the registrar determines that

any of the following apply:

the complaint is trivial, frivolous, vexatious or made in bad

faith;

the complaint is a matter over which the college does not have

jurisdiction;

the complaint gives rise to an abuse of process;

the complaint is filed for an improper purpose or motive;

there is no reasonable prospect the complaint will be

substantiated;

the substance of the complaint has been appropriately dealt with in another

proceeding.

If a complaint is disposed of under subsection (2), the registrar

must

deliver a written report to the inquiry committee about the circumstances of

the disposition,

notify the complainant and the registrant, in writing and with reasons,

respecting the circumstances of the disposition, and

advise the complainant that, within 30 days after receipt of the notice

under paragraph (b), the complainant may make a further submission to the

inquiry committee by delivering additional information to the registrar respecting

the complaint.

A disposition under subsection (2) takes effect 60 days after the delivery of

the written report described under subsection (3) (

a) unless, within that 60 day

period, the inquiry committee decides to investigate the matter.

Unless the registrar dismisses a complaint under subsection (2), as soon as

practicable after receiving the complaint the registrar must deliver to the inquiry

committee a copy of the complaint, an assessment of the complaint and any

recommendations of the registrar for the disposition of the complaint.

Investigations by inquiry committee

If a complaint is delivered to the inquiry committee by the registrar under

section 26

(5), the inquiry committee must investigate the matter raised by the

complainant as soon as practicable.

The inquiry committee may, on its own motion, investigate a registrant

regarding any of the following matters:

a contravention of this Act;

a conviction for an indictable offence;

a failure to comply with a standard, limit or condition imposed under this

Act;

professional misconduct;

a finding of misconduct in social work or a similar profession

by a licensing body established under another enactment, or

Canada or a foreign jurisdiction;

conduct unbecoming a professional;

competence to practise social work;

incapacity or impairment that prevents a registrant from engaging in the

practice of social work with reasonable skill, competence and safety to the

public.

The inquiry committee may require the registrant who is the subject of an

investigation under this

section to provide it with any information, documents or

records the inquiry committee considers necessary, and the registrant must cooperate

with the inquiry committee.

After considering any information, documents or records provided by the

registrant, and any other information gathered during the investigation, the inquiry

committee may

take no further action, if the inquiry committee is of the view that the

matter or complaint is trivial, frivolous, vexatious or made in bad faith or that

the conduct to which the matter or complaint relates is satisfactory,

act under

section 30, or

direct the registrar to issue a citation under

section 31.

The inquiry committee may only act under subsection (4) (

b) or (

c) on

the basis of subsection (2) (

b) if the inquiry committee is satisfied that the nature

of the offence or the circumstances under which it was committed give rise to

concerns

about the registrant's competence or fitness to practise social work,

that the registrant has engaged in professional misconduct or conduct

unbecoming a professional.

The inquiry committee must notify both the complainant and the registrant of

the inquiry committee's decision under subsection (4).

Report to be made if no remedial or disciplinary action

taken

If the inquiry committee does not direct the registrar to issue a citation

regarding a matter investigated under

section 27, it must report to

the board, in writing, regarding its decision and the results of its

investigation.

The board may, on its own motion after considering the report of the inquiry

committee under subsection (1),

confirm the inquiry committee's decision, or

set aside the decision of the inquiry committee and

direct that no further action be taken,

direct the inquiry committee to act under

section 30, or

iii

direct the registrar to issue a citation under

section

The board must notify the complainant, if any, and the registrant, in writing

and with reasons, of any decision under subsection (2).

Extraordinary action to protect public

If the inquiry committee considers that action is necessary to protect the

public during the investigation of a registrant or pending a hearing of the discipline

committee, it may, without providing the registrant an opportunity to make

submissions,

set limits or conditions on the practice of social work by the registrant,

suspend the registration of the registrant.

If the inquiry committee acts under subsection (1), it must notify

the registrant and the registrant's employer in writing of its decision, of the reasons for

the decision and of the registrant's right to appeal that decision to the Supreme

Court.

A decision under subsection (1) is not effective until the earlier

the time the registrant receives the notice under subsection

(2), and

3 days after the notice is mailed to the registrant at the last address for

the registrant recorded in the register of the college.

If the inquiry committee determines that action taken under subsection

(1) is no longer necessary to protect the public, it must cancel the

limits, conditions or suspension and must notify the registrant and the registrant's

employer in writing of the cancellation as soon as possible.

A registrant against whom action has been taken under subsection (1) may

appeal the decision to the Supreme Court and, for those purposes, the provisions of

section

35 respecting an appeal from a decision of the discipline committee apply

to an appeal under this section.

Complaint resolution agreement

In relation to a matter investigated under

section 27, the inquiry

committee may request in writing that the registrant do one or more of the

following:

undertake not to repeat the conduct to which the matter relates;

undertake to take educational courses specified by the inquiry

committee;

agree to a reprimand;

undertake or agree to any other action specified by the inquiry

committee.

If an undertaking or agreement given in respect of a request under subsection

(1) relates to an investigation under

section 27 (1), the inquiry

committee must deliver a written

summary of the undertaking or agreement to the

complainant.

If a registrant refuses to give an undertaking or agreement requested under

subsection (1), or if a registrant fails to comply with an undertaking or agreement

given in response to a request under subsection (1), the inquiry committee may direct

the registrar to issue a citation under

section 31 for a hearing by

the discipline committee regarding the matter.

Citation for hearing by discipline committee

If directed by the inquiry committee or the board, the registrar must issue a

citation that

names the affected registrant as respondent,

describes the nature of the complaint or other matter that is to be the

subject of a hearing by the discipline committee,

specifies the date, time and place of the hearing, and

advises the respondent that the discipline committee is entitled to proceed

with the hearing in the respondent's absence.

The registrar must have a citation either delivered to the respondent by

personal service or by mailing it by registered post to the respondent at the last

address for the respondent recorded in the register referred to in

section 12

(2) not fewer than 30 days before the date of the hearing.

If the subject matter of a citation is a complaint, the registrar must notify

the complainant in writing of the date, time and place of the hearing not fewer than

14 days before the date of the hearing.

The inquiry committee or the board may direct the registrar to cancel a

citation that has been issued on its direction if the inquiry committee or board

afterwards determines that a hearing by the discipline committee is not required, and

the registrar must then cancel the citation and notify the respondent and the

complainant, if any, of the cancellation.

Consent orders

The registrant may give the inquiry committee a written proposal, at any time

before the commencement of a hearing under

section 33,

stating the nature of the complaint or other matter that is to be the

subject of the hearing,

consenting to the making of an order under

section 34 (4) or (8) as set out

in the proposal,

consenting to indemnify the college for the investigation under

section 27

in an amount not to exceed the costs for the inquiry calculated under the tariff of

costs established under

section 8 (2) (j), and

if the registrant gives the proposal to the inquiry committee fewer than 7

days before the hearing is scheduled to commence, consenting to indemnify the

college for preparing for the hearing in an amount not to exceed the costs of

preparing for the hearing calculated under the tariff of costs established under

section 8

(2) (k).

If the hearing under

section 33 has commenced,

the registrant may give to the discipline committee a written

proposal

described in subsection (1) (

a) to (c), and

consenting to indemnify the college for preparing for and conducting the

hearing in an amount not to exceed the costs of preparing for and conducting the

hearing calculated under the tariff of costs established under

section 8 (2)

(k), and

the discipline committee may accept or reject the proposal in its

discretion.

The inquiry committee or the discipline committee may accept or reject a

proposal received under subsection (1) or (2) based on the investigations described in

section

27 respecting the complaint.

If the inquiry committee or the discipline committee accepts a proposal

received under subsection (1) or (2),

an order under

section 34 (4) is deemed to be made as set out in

the proposal,

section 34 (2) and (3) apply to the order under paragraph (

a) as though it

had been made by the discipline committee, and

a hearing on the citation need not proceed and may end without

disposition.

If the inquiry committee or the discipline committee rejects a proposal

received under subsection (1) or (2),

a hearing of the citation must proceed as though the proposal had not been

made, and

the discipline committee must not consider the written proposal described in

subsection (1) in determining the matter or in making an order under

section

Discipline Committee

Discipline committee hearing

Subject to

section 32, the discipline committee must hear and

determine a matter set for hearing by citation issued under

section

Members of the discipline committee holding a hearing must not

have taken part before the hearing in any investigation of the subject

matter of the hearing, other than as a member of the board acting under

section

28, and

subject to subsection (3) of this section, communicate

directly or indirectly about the subject matter of the hearing with any person or

with any party or representative of a party, except on notice to all parties and

with the opportunity for all parties to participate.

The discipline committee may seek legal advice from an adviser independent

from the parties.

The respondent and the college may appear as parties and with counsel at a

hearing of the discipline committee.

A complainant may be represented by legal counsel, at the complainant's cost,

at a hearing of the discipline committee.

Subject to subsection (7), a hearing of the discipline

committee must be in public.

The discipline committee may make an order excluding the public from a part of

the hearing if the committee is satisfied that

financial, personal or other matters may be disclosed at the hearing that

are of such a nature that the principles of confidentiality and privacy outweigh the

desirability of adhering to the principle that hearings be open to the

public,

a person involved in a criminal proceeding or in a civil suit or proceeding

may be prejudiced, or

the safety of a person may be jeopardized.

If the respondent does not attend, the discipline committee may

adjourn or proceed with the hearing in the respondent's absence on proof of

service in accordance with

section 31 (2), and

take any action that it is authorized to take under this Act without further

notice to the respondent.

The discipline committee may order a person to attend at a hearing to give

evidence and to produce records in the possession of or under the control of the

person.

On application to the Supreme Court by a person authorized by the discipline

committee, a person who fails to attend or to produce records as required by an order

under subsection (9) is liable to be committed for contempt as if the person who fails to attend or to produce records

were in breach of an order or judgment of the Supreme Court.

If the discipline committee considers that action is necessary to protect the

public between the time a hearing is commenced and the time it makes an order under

section 34

(4), the discipline committee

may set limits or conditions on the practice of social work by the

registrant or may suspend the registration of the registrant, and

must notify the registrant and the registrant's employer in writing of its

decision under paragraph (a), of the reasons for the decision and

of the registrant's right to appeal that decision to the Supreme Court.

A decision under subsection (11) (

a) is not effective until the

earlier of

the time the registrant receives the notice under subsection (11)

(b), and

3 days after the notice is mailed to the registrant at the last address for

the registrant recorded in the register of the college.

If the discipline committee determines that action taken under subsection (11)

(

a) is no longer necessary to protect the public, it must cancel the

limits, conditions or suspension and must notify the registrant and the registrant's

employer in writing of the cancellation as soon as possible.

A registrant against whom action has been taken under subsection (11) may

appeal the decision to the Supreme Court and, for those purposes, the provisions of

section

35 apply to an appeal under this section.

Action by discipline committee

On completion of a hearing, the discipline committee may

dismiss the matter, or

determine that the respondent

has not complied with this Act,

has not complied with a standard, limit or condition imposed under this

Act,

iii

has committed professional misconduct or conduct unbecoming a

professional,

has incompetently practised social work, or

experiences an incapacity or impairment that prevents the respondent from

engaging in the practice of social work with reasonable skill, competence and

safety to the public.

If the discipline committee dismisses the matter under subsection (1) (

a) on

the basis that the matter was without merit, it may award costs to the respondent

against the college, based on the tariff of costs established under

section 8 (2)

(k).

Costs awarded under subsection (2) must not exceed, in total, 50% of the

actual costs to the respondent for legal representation for the purposes of the

investigation under

section 27 and the hearing.

If a determination is made under subsection (1) (b), the

discipline committee may, by order, do one or more of the following:

reprimand the respondent;

impose limits or conditions on the respondent's practice of social

work;

suspend the respondent's registration;

cancel the respondent's registration;

fine the respondent in an amount not exceeding the maximum fine established

under

section 9 (1) (o).

An order of the discipline committee under subsection (4) must

be in writing,

include reasons for the order, and

be delivered to the respondent and to the complainant, if any.

If the discipline committee acts under subsection (4), it may award costs to

the college against the respondent, based on the tariff of costs established under

section 8

(2) (k).

Costs awarded under subsection (6) must not exceed, in total, 50% of the

actual costs to the college for legal representation for the purposes of the

hearing.

If the registration of the respondent is suspended or cancelled under

subsection

(4), the discipline committee may

impose conditions on the lifting of the suspension or on the respondent's

eligibility to apply for reinstatement of registration,

direct that the suspension be lifted or the respondent become eligible to

apply for reinstatement of registration on

a date specified in the order, or

the date on which the discipline committee or the board determines that

the respondent has complied with the conditions imposed under paragraph

(

a) of this subsection, and

impose conditions on the respondent's practice of social work that apply

after the lifting of the suspension or the reinstatement of registration.

If an order under subsection (4) is appealed under

section 35

within 30 days after it is made, the discipline committee, on application of the

respondent under this section, may

stay the order pending the hearing of the appeal, and

during the stay.

The discipline committee may act under subsection (4) respecting a registrant

as though a determination has been made under subsection (1) if, at any time, the

registrar advises the disciplinary committee, or the registrant admits, that the

registrant has, before or after being granted registration under

section

13, done or failed to do any act or thing in another jurisdiction that, in

the opinion of the discipline committee, constitutes professional misconduct under

this Act.

The discipline committee may act under subsection (10) without a citation

under

section

31 or a hearing under

section 33.

The discipline committee must not act under subsection (10) before the

registrant has been provided an opportunity to make submissions, which may be limited

to an opportunity to make submissions in writing.

For the purposes of this section, a certified copy of a record of the finding

made or actions taken in respect of a registrant by a governing body of social work in

another jurisdiction is proof, in the absence of evidence to the contrary, of the

findings made or actions taken, without proof of the signature of the person

purporting to have signed on behalf of that body.

Appeal of discipline committee decision to Supreme

Court

A respondent aggrieved or adversely affected by an order of the discipline

committee under

section 34 (4) may appeal to the Supreme

Court.

An appeal under this

section must be commenced within 30 days after the date

that the respondent bringing the appeal received written notice of the discipline

committee's action under

section 34 (4).

An appeal under this

section must be commenced by filing a petition in any

registry of the Supreme Court, and the Supreme Court Civil Rules respecting petition

proceedings apply to the appeal, but Rule 18-3 of those rules does not

apply.

The petition commencing an appeal under this

section must, within 14 days of

its filing in the court registry, be served on the college, effected by service on the

registrar.

Within 14 days of being served with the petition under subsection

(4), the college must provide notice of the appeal to the complainant if

the matter relates to a complaint.

On request by a party to an appeal, or a party contemplating an appeal, under

subsection

(1) and on payment by the party of any disbursements and expenses in

connection with the request, the registrar must provide that party with copies of part

or all, as requested, of the record of the proceeding before the discipline

committee.

An appeal under subsection (

l) is a review on the record unless the court is

satisfied that a new hearing or the admission of further evidence is necessary in the

interests of justice.

On the hearing of an appeal under this section, the court may

confirm, vary or reverse the action of the discipline committee,

refer the matter back to the discipline committee, with or without

directions, or

make any other order it considers appropriate in the

circumstances.

A decision of the Supreme Court on an appeal under subsection

(1) may be appealed to the Court of Appeal if leave to appeal is granted

by the Court of Appeal.

Public notification

If, subject to subsection (2), the discipline committee considers

it in the public interest, the registrar must notify the public of

the name of a registrant who has been disciplined by the discipline

committee, and

the reasons why the disciplinary action was taken.

The registrar must withhold notification of some or all of the reasons

referred to in subsection (1) (

b) if the discipline committee

considers that notification of the reasons would cause significant hardship to a

person who was harmed, abused or exploited by the registrant.

The notification required under subsection (1) may be made by

posting a notice on the college's website.

Online registry

The board must establish, and the registrar, using information collected under

section 12

(2), must maintain, an online registry for the purpose of providing the

public with the following information about each registrant:

the registrant's name;

with the consent of the registrant, the business address and business

telephone number of the registrant;

the current status of the registrant's certificate of

registration;

a record of any suspensions or cancellations of the registrant's certificate

of registration;

a record of disciplinary action taken by the board with regard to the

registrant for

misconduct that involved

physical harm,

sexual abuse or sexual exploitation, or

significant emotional harm, or

conduct that breached the board's standards of professional conduct or

competence.

Subject to subsection (3), the record in the online registry of the matters

referred to in subsection (1) (

d) must state the reasons why the

disciplinary action was taken.

The board may withhold or remove from the registry a statement of the reasons

referred to in subsection (2) if the board considers that the

statement, if included in the registry, would cause significant hardship to a person

who was harmed, abused or exploited by the registrant.

After a record referred to in subsection (1) (

e) has been on

the registry for at least 5 years, the registrant whose misconduct is recorded may

apply to the board to have that record removed from the registry, and the board may

remove that record if it is in the public interest to do so.

General

Definition

In sections 39, 40, 43 and 49 (1),

registrant includes a former registrant.

Employer's duty to report

An employer who terminates, suspends or disciplines a registrant for misconduct

that is committed in the course of practising social work and that involves physical or

significant emotional harm to or sexual abuse or exploitation of a client must, promptly

after the termination, suspension or discipline, file with the registrar a written

report setting out the reasons.

If an employer intended to terminate, suspend or discipline a registrant for

misconduct that was committed in the course of practising social work and that involved

physical or significant emotional harm to or sexual abuse or exploitation of a client,

but the employer did not do so because the registrant resigned, the employer must,

promptly after the resignation, file with the registrar a written report setting out the

reasons on which the employer intended to act.

If a person

has reason to believe that the continued practice of a registrant might expose

a member of the public to physical harm, sexual abuse or exploitation or significant

emotional harm, and

for a reason described in paragraph (a), dissolves a partnership or

association that the person has with the registrant,

that person must, promptly after dissolving the partnership or association, file

with the registrar a written report respecting the matter.

On receiving a report under subsection (1), (2) or (3), the registrar must

deliver the report to the inquiry committee which may, under

section 27

(2), investigate the matter.

Registrant's duty to report

A registrant who has reason to believe that another registrant, in the course of

practising social work, is causing or has caused physical or significant emotional harm

to or is or has engaged in sexual abuse or sexual exploitation of a client, must

promptly provide to the registrar a written and signed report on the matter.

Subsection (1) applies even if the information on which the belief is

based is confidential and its disclosure is prohibited under another Act.

A registrant is not required to file a report under subsection

(1) if the registrant does not have information to identify, or that

permits the registrar to identify, the registrant who would be the subject of the

report.

If a registrant is required to file a report under subsection (1) because of

information obtained from one of the registrant's clients, the registrant must use best efforts to advise the client of the requirement to file the report before

doing so.

Immunity

No proceeding may be instituted against a person for filing a report under

section

39 or 40 unless the report is filed in bad faith.

Liability protection

No action for damages lies or may be brought against a member of the board or a

person acting on behalf of or under the direction of the college or board because of

anything done:

in the performance or intended performance of any duty under this Act,

in the exercise or intended exercise of any power under this Act.

Subsection (1) does not apply to a person referred to in that subsection

in relation to anything done or omitted by that person in bad faith.

Subsection (1) does not absolve the college from vicarious liability for

an act or omission by a person referred to in that subsection for which the college

would be vicariously liable if this

section were not in force.

Responsibility of registrants not affected by

incorporation

The liability of a registrant for professional negligence is not affected by the

fact that the registrant practises social work as an employee of a

corporation.

The relationship of a registrant to a corporation, whether as a shareholder,

director, officer, agent, trustee, contractor or employee of the corporation, does not

affect, modify or diminish the application to the registrant of this Act.

Nothing in this Act affects, modifies or limits any law that applies to the

fiduciary, confidential or ethical relationships between a registrant and a person

receiving the professional services of a registrant.

The relationship between a corporation and a person receiving services provided

by the corporation is to be treated the same as, and is subject to all applicable law

relating to, the fiduciary, confidential and ethical relationships that exist between a

registrant and the registrant's client.

Prohibitions regarding practice of social work

If a regulation made under

section 50 (2) (

b) limits the services that may be

performed in the course of the practice of social work by a registrant, a registrant

must limit the registrant's practice of social work in accordance with the

regulation.

If a regulation made under

section 50 (2) (

c) prescribes a service that may be

performed only by a registrant,

a person, other than a registrant, must not perform the service,

and

a person must not recover a fee or remuneration in any court in respect of the

performance of the service unless, at the time of performance, the person was a

registrant entitled to perform the service.

Exception to prohibitions

Despite

section 44, nothing in this Act prohibits a person from practising a

profession, discipline or other occupation in accordance with another Act.

Offences

A person who contravenes

section 13 (6), 18 (1), 24 (1) or (2) or 48 (1) or

(2) commits an offence.

Section

5 of the Offence Act does not apply to this

Act.

A prosecution of an offence under this Act must not be commenced after the

expiration of 2 years from the date the alleged offence first became known.

In any prosecution under this Act, it is sufficient to prove that the accused

has committed a single act of unauthorized practice or has committed on one occasion any

of the acts prohibited by this Act.

Injunction to restrain contravention

The registrar may apply to the Supreme Court for an interim or permanent

injunction to restrain a person from contravening any provision of this Act.

A contravention may be restrained under subsection (1) whether or not a

penalty or other remedy has been provided by this Act.

Confidential information

Subject to the Child, Family and Community Service

Act , the Ombudsperson

Act and the Representative for

Children and Youth Act , a person must preserve confidentiality

with respect to all matters or things that come to the person's knowledge while

exercising a power or performing a duty or function under this Act unless the disclosure

necessary to exercise the power or to perform the duty or function,

authorized as being in the public interest by the board.

Insofar as the laws of British Columbia apply, a person must not give, or be

compelled to give, evidence in a court or in proceedings of a judicial nature concerning

knowledge gained in the exercise of a power or in the performance of a duty or function

under

Part

3 unless

the proceedings are under this Act, or

disclosure of the knowledge is authorized under subsection (1) (

b) or under

the bylaws or regulations made under this Act.

The records relating to the exercise of a power or the performance of a duty or

function under

Part 3 are not compellable in a court or in proceedings of a judicial

nature insofar as the laws of British Columbia apply unless

the proceedings are under this Act, or

disclosure of the knowledge is authorized under subsection (1) (

b) or under

the bylaws or regulations made under this Act.

Deemed receipt of documents

If a notice or other document is required to be delivered to a person under this

Act, it is deemed to have been received by the person 7 days after the date on which it

was mailed, if it was sent by registered mail,

in the case of a document to be delivered to a registrant, to the last address

for that registrant recorded in the register referred to in

section 12

(2), and

in any other case, to the last address of that person known to the

sender.

For the purpose of proving deemed receipt of a document referred to in subsection

(1), proof of receipt may be made by affidavit as to the date on which the

document was sent by registered mail.

If a notice or document is not served in accordance with this Act, the

proceeding is not invalidated if

the contents of the notice or document were known by the person to be served

within the time allowed for service,

the person to be served consents, or

the failure to serve does not result in prejudice to the person, or any

resulting prejudice can be satisfactorily addressed by an adjournment or other

means.

Power to make regulations

The Lieutenant Governor in Council may make regulations referred to in

section 41

of the

Interpretation Act .

Without limiting subsection (1), the Lieutenant Governor in Council may

make regulations as follows:

specifying services that may be performed by registrants;

specifying limits or conditions on the services that may be performed by

registrants;

specifying services that may be performed only by registrants;

specifying services that may be performed by a registrant despite a limitation

or prohibition under another enactment;

prescribing the oath of office for the purpose of

section

specifying information required in an annual report under

section 7

(2);

prescribing a change in the composition of a committee established under

section 8 (1) or (2) (g), or of panels of a committee;

requiring that the board or a committee established under

section 8 (1) or (2)

(

g) open its meetings, subject to

section 48, to attendance by the registrants or

members of the public;

in respect of a regulation under paragraph (h), specifying the circumstances

in which the board or a committee established under

section 8 (1) or (2) (

g) may

exclude registrants or members of the public from meetings of the board or the

committee;

establishing a deadline for a committee established under

section 8 (1) or (2)

(

g) to complete a stage of its work respecting the registration of applicants to the

college or the disposal of matters under

Part 3, and establishing that

the committee must report to the minister, or a person specified by the minister, if

the deadline is missed;

specifying information that the registrar must collect and include in the

register described in

section 12 (2);

specifying how the registrar is to establish, maintain, make open to the

public and otherwise administer the register described in

section 12

(2);

prescribing additional titles for the purpose of

section 18 (1) (b);

prescribing persons for the purpose of

section 18 (2);

defining any word or expression used but not defined in this Act.

Subject to subsection (4), notice of a proposal to make, amend or

repeal a regulation under this

section must be given to the college at least 3 months

before the regulation, amendment or repeal comes into force.

A notice period of less than 3 months applies for the purposes of subsection

(3) if the minister specifies this shorter notice period.

Regulations may provide differently for different classes of

registrants.

Transition

On the coming into force of this Act,

the registrar of the board of registration for social workers under the former

Act continues as the registrar of the college under this Act for the same term of

office unless the term is terminated earlier under this Act, and

if, under

section 56 of the Rules of the Board of Registration for Social Workers

in British Columbia under the former Act, a referral has been made that a hearing

should be held, and the hearing has commenced but is not concluded, the members of the

hearing panel continue as members of the hearing panel for the purposes of the hearing

until it is concluded, as if this Act had not come into force and the former Act had

not been repealed.

The Rules of the Board of Registration for Social Workers in British Columbia

under the former Act in effect on the coming into force of this Act, insofar as

applicable and not inconsistent with this Act, are the bylaws of the college until

amended or repealed.

On the coming into force of this Act, a person who is registered as a social

worker under the former Act is deemed to be a registrant under this Act and is subject

to the same conditions as under the former Act until the person's registration expires

or is cancelled under this Act.

On the coming into force of this Act, an application for registration, renewal

or reinstatement made under the former Act that has not been concluded must be concluded

in accordance with this Act.

For the purposes of subsection (4), the powers and duties of

the registrar of the board of registration for social workers under the former

Act are vested in and may be exercised by the registrar under this Act, and any

reference to the registrar in the former Act is deemed to be a reference to the

registrar under this Act,

the registration committee of the board of registration for social workers

under the former Act may be exercised by the registration committee of the college

under this Act, and any reference to the registration committee in the former Act is

deemed to be a reference to the registration committee under this Act, and

the board of registration for social workers under the former Act are vested

in and may be exercised by the board under this Act, and any reference to the board in

the former Act is deemed to be a reference to the board under this Act.

Any complaint made on or after the coming into force of this Act that relates to

conduct occurring all or partly before the coming into force of this Act must be dealt

with under this Act.

On the coming into force of this Act, any proceeding with respect to a complaint

made under the former Act that has not been referred to a hearing panel must be referred

to the inquiry committee established under this Act, and the complaint must be concluded

in accordance with this Act.

The

definitions of "government body" and "government corporation" in

section 1 of

the Financial Administration Act do not apply to the first

board of the college described in

section 4 (1) of this Act.

Repeal

[Note: See Table of Legislative Changes for the status of sections 52 to 57.]

Section(

s) Affected Act

Social Workers Act , R.S.B.C. 1996, c. 432

Consequential Amendments

53-57

Adoption Act

Attorney General Act

Final Agreement Consequential Amendments Act, 2007

Freedom of Information and Protection of Privacy Act

Medical Practitioners Act

Commencement

This Act comes into force by regulation of the Lieutenant Governor in

Council.