Third Session, 46th General Assembly

59 Elizabeth II, 2010

BILL 20

AN ACT RESPECTING THE

PRACTICE OF SOCIAL WORK

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

Second Reading ..............................................................................................

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

Third Reading .................................................................................................

Royal Assent ...................................................................................................

HONOURABLE JEROME P. KENNEDY, Q.C .

Minister of Health and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal the Social Workers Association Act and enact

a new Social Workers Act .

The Bill would incorporate new

discipline procedures and governance arrangements as is consistent with other

recently adopted statutes regulating health professions.

A BILL

AN ACT RESPECTING THE PRACTICE OF SOCIAL

WORK

Analysis

Short title

Definitions

Application of Act

PART

ASSOCIATION

Association continued

Objects

Association officers

Association membership

Association meetings

Board

Composition of board

Committees of the board

Appointment by minister

Administration

Register

Fees

Annual report

By-laws

PART

REGISTRATION

Registration

Temporary registration

Appeal

Right to practice

Offence

PART

III

DISCIPLINE

Definitions

Complaints and disciplinary panel

Allegation

Effect of filing allegation

Complaints authorization committee

Adjudication tribunal

Hearing

Copies of books, etc. as evidence

Guilty plea by respondent

Powers of adjudication tribunal

Filing and publication of decisions

De-registration and suspension

Failure to comply

Re-hearing

Costs of board

Collection of fine

Appeal to Trial Division

PART

GENERAL

Protection from liability

Penalties

Regulations

PART

TRANSITIONAL AND COMMENCEMENT

Registration continued

Transitional

SNL1992 cS-18.1 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Social Workers

Act .

Definitions

2. In this Act

(a) " association "

means the Newfoundland

and Labrador Association of Social Workers continued under

section 4;

(b) " board "

means the executive and board of directors of the association referred to in

section 10;

(c) " minister "

means the minister appointed under the

Executive Council Act to administer this Act;

(d) " register "

means the register of social workers maintained under the authority of

section

14;

(e) " registrar "

means the registrar appointed under

section 13; and

(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

(

i) providing

direct counselling and therapy services to a client,

(ii) developing , promoting

and delivering human service programs, including those done in association with

other professions,

(iii) contributing to the

development and improvement of social policy, and

(iv) conducting research

in the science, technique and practice of social work.

Application of

Act

(1) This

Act does not apply to

(

a) a student in the

course of employment who is supervised by and under the direction of a social

worker; or

(

b) the clergy.

(2) This Act does not affect the rights, powers or

privileges of a person under another Act or under a registration or licence

granted under that Act.

(3) This Act is binding upon employees of the

government of the province who practise social work in the course of that employment.

(4) Notwithstanding subsection (3), the minister

shall by order designate those employees of the government of the province who

shall be exempt from the application of this Act.

PART I

ASSOCIATION

Association continued

(1) The

Newfoundland

and Labrador Association of Social Workers is continued as a corporation without

share capital under

part XXI of the Corporations

Act .

(2) The abbreviated form of the name of the

association shall be "N.L.A.S.W.".

Objects

(1) The

association shall act in the public interest and the objects of the association

are to

(

a) establish and

maintain standards of professional conduct, knowledge and skill among its members

and to ensure to the general public the proficiency and competency of the practice

of social work in the province and to serve and protect the public interest;

(

b) promote , increase and

improve the knowledge, skill, efficiency and proficiency of its members in all

matters relating to the profession and practice of social work in the province;

(

c) regulate the practice

of social work in the province and to govern the profession according to this

Act;

(

d) promote public

awareness of the profession and practice of social work; and

(

e) enhance public

protection through the operations of the association.

(2) Notwithstanding subsection (1), the

association shall not undertake individual advocacy for members.

Association

officers

(1) The president of the board shall be

the president of the association and shall preside at meetings of the association.

(2) The president-elect shall become the president

of the association when the then president leaves office.

(3) The president-elect shall, in the absence of

the president, preside at meetings of the association.

Association 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

association 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

required fees prescribed by the board is a member of the association and has

full voting rights.

(3) The association may appoint persons to

associate and other types of non-voting membership in accordance with the

by-laws.

(4) At meetings of the association, each member of

the association shall have one vote and in the case of a tie, the president or,

in the absence of the president, the president-elect shall have a second or casting

vote.

(5) Except where prohibited in the by-laws, a member

of the association may, where all the members of the association consent, participate

in a meeting of the association by means of the telephone or other

telecommunication device that permits all persons participating in the meeting

to communicate with each other.

Association meetings

(1) The

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

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

meetings that are required during each year.

(2) At its annual general meeting the association

shall

(

a) appoint an auditor to

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

of the association; and

(

b) consider and vote on

those other matters required by the by-laws.

Board

(1) The

association shall be governed by the board of directors.

(2) The board shall manage and conduct the

business and affairs and exercise the powers of the association for and on

behalf of the association.

Composition of

board

(1) The

board shall consist of

(

a) a president;

(

b) a president-elect;

(

c) the immediate past-president

of the association;

(d) 7 persons who shall be directors of the board;

and

(e) 4 persons appointed by the minister under

section 12.

(2) The persons referred to in paragraphs (1 )(

b) to (

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

in accordance with the by-laws and the position of president shall be assumed

by the president-elect.

(3) Where the president-elect, for any reason,

does not assume the position under subsections (1) or (2), a president shall be

elected as provided for in the by-laws.

(4) The board shall be elected and 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) Notwithstanding subsection (5), a member

elected as the president-elect shall serve for a term of 6 years, of which

(a) 2 shall be as president-elect;

(b) 2 shall be as president; and

(c) 2 shall be as past-president,

but that person shall not serve as a member for more than 9 consecutive

years.

(7) An elected member may resign his or her office

by written notice to the board.

(8) 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.

(9) 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).

(10) 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.

(11) A quorum of the board is 8 members, of whom

one shall be an appointed member.

(12) At meetings of the board, each member shall

have one vote and in the case of a tie, the president, or in the absence of the

president, the president-elect shall have a second or casting vote.

(13) The board may determine its own procedure in

the by-laws.

Committees of the

board

(1) The

board may appoint committees from among the membership of the association to

carry out the duties and functions directed by the board.

(2) A committee of the board shall be chaired by a

member of the board, but the

membership of committees is not limited to board members.

Appointment by

minister

12 .

(1) The minister shall appoint as members of the board 4 persons

who are not members of the association who are suitable to represent the public

interest.

(2) A person appointed under subsection (1) holds

office for a term of 3 years and is eligible to be re-appointed.

(3) Where a person appointed under subsection

(1) holds office for a period of 9 consecutive years the person is not eligible for

appointment as a member of the board until the expiration of 12 months from the

end of the year in which he or she was last a member.

(4) Where the term of an appointed member expires,

he or she continues to be a member until re-appointed or replaced.

(5) The board shall pay the expenses of a person

appointed under this

section in accordance with guidelines established by the

Lieutenant-Governor in Council.

(6) A person appointed under subsection (1) may

resign his or her appointment by written notice to the minister and shall

provide a copy to the president of the board.

(7) A person appointed under subsection (1) may be

removed from office by the minister before the expiration of his or her term of

office and no compensation shall be paid to him or her other than an amount

owing under subsection (5).

Administration

(1) The

board shall appoint a person as registrar who shall,

by virtue of the office, be a non-voting member of the board.

(2) The board may pay the registrar for performing

his or her duties under this Act.

(3) The registrar shall

(

a) keep and maintain the

records that the board may direct;

(

b) maintain a website

for the board;

(

c) act as a member of

the board;

(

d) perform the duties of

the registrar in respect of discipline under

Part III; and

(

e) perform other

functions and duties that the board assigns to him or her.

(4) The board may appoint an associate registrar

and those officers, managers, other staff and employees that it considers

necessary and may fix their remuneration and terms of service.

Register

(1) The

registrar shall maintain a register of social workers in which he or she shall

enter

(

a) the names of all social

workers registered under this Act; and

(

b) the other information

that the board may require.

(2) The registrar shall make the register of the board

available for inspection by the public on reasonable notice and at reasonable

hours.

(3) The register and records kept under

section 13

or a certified copy of the register or records are evidence that the persons

named in that register or record are registered or recorded under this Act.

Fees

15 .

(1) The board may set fees payable under this Act, and in so doing

the board shall, so far as it is practicable, ensure that the amount of fees is

sufficient to enable it to discharge its duties under this Act.

(2) All money received by the board shall be

applied by it to its duties under this Act.

Annual report

16 .

(1) The board 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 association in the previous year which shall

contain the association's audited financial statements for that financial year.

(2) The minister shall table a copy of the annual

report and the audited financial statement in the House of Assembly within 15

days of receiving it if the house is sitting and if the house is not sitting

within 15 days after it next begins to sit.

(3) Where the board fails to comply with

subsection (1), the board is guilty of an offence and is liable upon

summary

conviction to a fine of $1,000.

By-laws

17 . The

board may make by-laws not inconsistent with this Act respecting

(

a) the holding and

procedure of its meetings;

(

b) the form and contents

of the register, and the maintenance of it;

(

c) the appointment of

committees and the duties and responsibilities of those committees;

(

d) the election of members

of the board under

section 10 and setting the terms of office;

(

e) the payment of travel

and other expenses of elected members of the board;

(

f) the employment and

remuneration of staff and consultants;

(

g) definitions of "conduct

deserving of sanction" for the purpose of

Part III;

(

h) provisions respecting

conflict of interest;

(

i) rules

respecting methods of advertising;

(

j) the remuneration and

payment of travel expenses of the board and members of adjudication tribunals;

(

k) the participation of members

at a meeting of the association or the board by telephone or other

telecommunications device under

section 7;

(

l) voting by members by

mail or electronic means;

(

m) a code of ethics for social

workers, which shall include a definition of professional misconduct and

conduct unbecoming for the purpose of

Part III;

(

n) standards of practice

for social workers; and

(

o) the awarding of

honorary memberships in the association.

PART II

REGISTRATION

Registration

(1) The

registrar shall evaluate applications for registration, and where the

requirements for registration have been met, register the applicant.

(2) A person who wishes to be registered under

this Act shall apply to the registrar and a person shall be registered under

this Act where that person

(

a) holds a bachelors,

masters or doctoral degree in social work from an accredited educational

institution approved by the board;

(

b) where required by the

board, maintains professional liability insurance of a type and in an amount

acceptable to the board;

(

c) pays the required

fee; and

(

d) complies with other

requirements for registration prescribed in the regulations.

(3) A person who meets the requirements of this

section

is entitled to be registered under this Act and to practise social work in the

province.

(4) A person entitled to be registered under this

section shall receive a certificate of registration in a form prescribed by the

board.

(5) Every certificate of registration issued under

this

section expires on February 28 following the date of issue or another date

as stated on the certificate unless it is revoked at an earlier date.

Temporary registration

19. Notwithstanding

section 18, an employee of the government of the province or a regional health

authority who is employed after the commencement of this Act and who practises

social work in the course of that employment and who

(

a) does not qualify for

registration under

section 18;

(

b) is employed in a

region of the province where a person registered under

section 18 cannot be

recruited to practise social work;

(

c) hold a bachelors

degree, certificate or diploma from an accredited educational institution

approved by the board;

(

d) is enrolled in a bachelor

of social work program in an accredited educational institution approved by the

board;

(

e) complies with

continuing education and practical experience requirements prescribed in the

regulations; and

(

f) pays the fees

required by the association

shall be temporarily registered for a period determined by the registrar and

that temporary registration may be renewed annually for a total of no more than

7 years.

Appeal

(1) A

person affected by a decision of the registrar respecting registration may

appeal to the board which may confirm the decision or direct the registrar to

vary or reverse it.

(2) Before making a decision on a matter of

registration, the registrar may consult with the board, a committee of the

board or those other persons considered necessary to assess the application for

registration.

(3) A person affected by a decision of the board under

this

section may, within 30 days of receipt of the decision, appeal it to the

Trial Division by filing a notice of appeal with the Registrar of the Supreme

Court.

Right to practice

(1) A

person who complies with this Act, the regulations and the by-laws and who is

registered under this Act is entitled to

(

a) use the title "social

worker" or "registered social worker";

(

b) use the designation

R.S.W.; and

(

c) engage in the

practice of social work for fee, commission, direct or indirect payment or

profit.

(2) A person registered under

section 19 is

entitled to use the title "registered social worker (temporary)" and

to engage in the practice of social work in accordance with that person's

certificate.

(3) A person other than a social worker who is

registered under

section 18 or 19 shall not

(

a) hold himself or herself out as being engaged

in the practice of social work, or act in a manner that expressly or otherwise

might lead to the belief that he or she is entitled to engage in the practice

of social work;

(

b) use the titles "social

worker" or "registered social worker" or an extension or

abbreviation of those titles; or

(

c) use a name, title or

designation or act in a manner that expressly or otherwise might lead to the

belief that that person is a registered social worker and holder of a

certificate of registration under this Act.

(4) A person who contravenes subsection (3) commits

an offence.

Offence

22. A

social worker who provides opportunity for another person not qualified to

practise as a social worker to practise, or leads others to believe that that

person is authorized to practise as a social worker commits an offence.

PART III

DISCIPLINE

Definitions

23 . In this

section and sections 24 to 39

(a) " allegation "

means a written document alleging that a person has engaged in conduct

deserving of sanction;

(b) " complainant "

means a person making an allegation described in

section 25;

(c) " conduct

deserving of sanction" includes

(

i) professional

misconduct,

(ii) unprofessional

conduct,

(iii) professional

incompetence,

(iv) conduct unbecoming a social

worker,

(

v) incapacity or

unfitness to practise as a social worker, and

(vi) acting in breach of

this Act, the regulations or the by-laws;

(d) " costs incurred

by the board" includes

(

i) out

of pocket expenses incurred by or on behalf of the board,

(ii) amounts paid by the board

to adjudication tribunal members as remuneration and for expenses, and

(iii) the actual cost of

legal counsel for the board and the adjudication tribunal;

(e) " disciplinary

panel" means the panel of persons appointed under

section 24 from which

the members of an adjudication tribunal are chosen; and

(f) " respondent "

means a social worker or former social worker against whom an allegation is

made.

Complaints and

disciplinary panel

24 .

(1) The board shall appoint at least 3 of its members, at least

one of whom is a member appointed under

section 12, to constitute a complaints

authorization committee.

(2) The registrar is not eligible to be a member

of the complaints authorization committee.

(3) The board shall appoint the chairperson and

vice-chairperson of the complaints authorization committee from the persons

appointed under subsection (1).

(4) The following persons shall constitute the

disciplinary panel:

(

a) at least 6 members who

are not members of the board, all of whom shall be appointed by the board;

(

b) one person appointed

by the board under paragraph (

a) who shall be appointed to serve as chairperson;

and

(

c) at least 4 persons

who are not members registered under this Act to represent the public interest,

as appointed by the minister.

(5) Of the members first appointed to the

disciplinary panel, at least one half shall be appointed for a term of 2 years

and the remainder for a term of 3 years and all subsequent appointments of members

to the disciplinary panel shall be for a term of 3 years.

(6) Notwithstanding the expiry of his or her term,

a member of the disciplinary panel continues to be a member until he or she is

re-appointed or his or her replacement is appointed.

(7) Persons appointed to the disciplinary panel

may be reappointed.

(8) Members of the disciplinary panel shall serve

on the panel without payment for their services, but may be remunerated for

service as a member of an adjudication tribunal and paid their travel and other

expenses associated with the work of that tribunal by the board, in accordance

with and at the rates set by the by-laws.

(9) The complaints authorization committee and an

adjudication tribunal appointed under

section 28 and a person appointed by

either of them may summon witnesses and require those witnesses to give evidence,

orally or in writing, upon oath or affirmation, and produce the documents and

things that either of them considers necessary to the full investigation and

hearing of an allegation or complaint and have the powers, privileges and

immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

Allegation

25 .

(1) An allegation shall be in writing and signed by the complainant

or his or her solicitor, and filed with the registrar.

(2) The registrar or board may on his, her or its own

motion make an allegation and file it, and the allegation has the same effect

as an allegation referred to in subsection (1).

(3) Where the registrar has been informed that a

respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute

of another country or has been suspended by a governing body of that social

worker in another province or territory of Canada or another territory or

country for reason of professional misconduct, unprofessional conduct, conduct

unbecoming a social worker, or professional incompetence, the information shall

be dealt with by the registrar as an allegation.

(4) For the purpose of subsection (3), a certified

copy of the record of a conviction or findings made or the action taken by an

external regulatory body constitutes proof, in the absence of evidence to the

contrary, of the conviction or findings made or the action taken by that body,

without proof of the signature of the convicting justice or person purporting

to have signed on behalf of that body.

Effect of filing

allegation

(1) Where

it appears to the registrar after notifying the respondent of the allegation

that the allegation may be resolved satisfactorily and where the complainant

and the respondent consent, the registrar may attempt to resolve the matter.

(2) Where the allegation is not satisfactorily

resolved by the registrar under subsection (1), he or she shall refer the

allegation to the complaints authorization committee.

(3) The registrar shall inform a complainant and a

respondent of the referral of the allegation to the complaints authorization

committee.

Complaints authorization

committee

27 .

(1) Where an allegation has been submitted to the complaints

authorization committee, the committee may exercise one or more of the

following powers:

(

a) refer the allegation

back to the registrar for an investigation or alternative dispute resolution in

accordance with the regulations;

(

b) conduct an

investigation itself or appoint a person to conduct an investigation on its

behalf; and

(

c) require the respondent

to appear before it.

(2) Where the complaints authorization committee

is of the opinion there are no reasonable grounds to believe the respondent has

engaged in conduct deserving of sanction, the committee shall dismiss the

allegation and give notice in writing of the dismissal to the complainant and

the respondent.

(3) Where the complaints authorization committee

is of the opinion that there are reasonable grounds to believe that a

respondent has engaged in conduct deserving of sanction, the allegation is

considered to constitute a complaint, and the committee may

(

a) counsel or caution

the respondent;

(

b) instruct the

registrar to file the complaint against the respondent and refer it to the

disciplinary panel; and

(

c) suspend or restrict

the respondent's registration.

(4) Where the committee restricts or suspends the

respondent's registration under subsection (3), the committee shall give notice

of the restriction or suspension to the public in a newspaper of general circulation

in or nearest to the community in which the respondent practises within 14 days

of the restriction or suspension having been made.

(5) A person conducting an investigation under

subsection (1) may

(

a) require a respondent

(

i) undergo

an examination he or she considers necessary and as arranged by the registrar,

and

(ii) permit the registrar or a member of the

complaints authorization committee or a person appointed by the complaints authorization

committee to inspect and copy the records of the respondent and other documents

relating to the subject matter of the investigation; and

(

b) require another person to permit the registrar

or a member of the complaints authorization committee or another person

appointed by the complaints authorization committee to inspect and copy records

and other documents relating to the subject matter of the investigation held by

that person,

and the respondent or other person shall comply.

(6) Where the registrar, a member of the

complaints authorization committee or a person appointed by the complaints authorization

committee requests that a respondent or another person provide information

under subsection (5), that information shall be provided within 7 days of receipt

of the request or a different period as specified in the request.

(7) An action for damages does not lie against a social

worker or another person to whom a request is made solely because he or she provides

information requested of him or her under subsection (5).

(8) A complainant whose allegation is dismissed by

the complaints authorization committee under subsection (2) may, within 30 days

after receiving notice of the dismissal, appeal the dismissal to the Trial

Division by filing a notice of appeal with the Registrar of the Supreme Court.

(9) Subsections (5), (6) and (7) apply to the

Crown.

Adjudication

tribunal

(1) For

the purpose of dealing with complaints referred to the disciplinary panel, the chairperson

of the disciplinary panel shall appoint from it an adjudication tribunal

consisting of 3 persons, of whom 2 shall be members and one shall be a person

appointed by the minister under paragraph 24(4)(c).

(2) The chairperson of the disciplinary panel

shall appoint one of the members on an adjudication tribunal to be the

chairperson.

Hearing

(1) Where

a complaint has been referred under paragraph 27(3 )( b),

an adjudication tribunal shall hear the complaint.

(2) The parties to a hearing are the board and the

respondent and a party may be represented by his or her counsel at a hearing.

(3) A hearing shall be conducted in public but an

adjudication tribunal may exclude the public from a hearing, or from part of

it, where it considers the desirability of protecting a party to the complaint

or a witness against the consequences of possible disclosure of personal

matters outweigh the desirability of holding the hearing in public.

Copies of books,

etc. as evidence

30. A

copy or extract of a book, record, document or thing certified by

(

a) a member of the

complaints authorization committee; or

(

b) a person authorized

under subsection 27(5) to conduct an investigation,

who made the copy or extract under subsection 27(5) is admissible in

evidence in an action, proceeding or prosecution, in the absence of evidence to

the contrary, as evidence of the original book, record, document or thing and

its contents.

Guilty plea by

respondent

(1) Where a respondent pleads guilty to one or more of the

charges set out in a complaint, the adjudication tribunal shall, without

calling evidence or hearing witnesses, unless the tribunal believes it is

appropriate to do so, hear submissions from the parties.

(2) Where a respondent pleads guilty,

and following submissions under subsection (1), the adjudication tribunal may

(

a) reprimand the

respondent;

(

b) order that the

respondent be suspended for a fixed period that it considers appropriate, until

conditions which it may impose are fulfilled, or until further order of the adjudication

tribunal;

(

c) allow or direct the

respondent to surrender his or her certificate to the board upon those

conditions that may be considered appropriate and strike the respondent's name

from the register;

(

d) impose a fine not to

exceed $100,000 to be paid to the board;

(

e) order that the

respondent pay the costs or a part of the costs incurred by the board in the

investigation and hearing of the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 33(4) and other

information that the tribunal may specify; and

(

g) order that the

respondent comply with one or more of the following:

(

i) make

restitution to the complainant or other person affected by the conduct of the

respondent,

(ii) obtain medical

treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing

education programs,

(vi) complete a course of

studies satisfactory to the board or another body or person designated by the adjudication

tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her

professional practice or continue his or her practice under specified

conditions,

(ix) permit periodic

inspection of records relating to his or her practice, or

(

x) impose other

requirements that are just and reasonable in the circumstances.

(3) The costs incurred by the board to ensure the

compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Powers of adjudication

tribunal

32 .

(1) Upon the hearing of a complaint, an adjudication tribunal

shall decide whether or not a respondent is guilty of conduct deserving of

sanction.

(2) Where an adjudication tribunal decides that a

respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to

the tribunal for a hearing was unreasonable,

(

a) order that those

costs that the tribunal considers appropriate be paid by the board to the

respondent; and

(

b) make another order

that it considers appropriate.

(3) Where an adjudication tribunal decides that a

respondent is guilty, it may

(

a) reprimand the

respondent;

(

b) order that the

respondent be suspended for a fixed period that it considers appropriate, until

conditions which it may impose are fulfilled, or until further order of the

adjudication tribunal;

(

c) allow or direct the

respondent to surrender his or her certificate to the board upon those

conditions that may be considered appropriate and strike the respondent's name

from the register;

(

d) impose a fine not to

exceed $100,000 to be paid to the board;

(

e) order that the

respondent pay the costs or a part of the costs incurred by the board in the

investigation and hearing of the complaint;

(

f) order that the registrar publish a

summary of

the decision including the information set out in subsection 33(4) and other

information that the tribunal may specify; and

(

g) order that the

respondent comply with one or more of the following:

(

i) make

restitution to the complainant or other person affected by the conduct of the

respondent,

(ii) obtain medical

treatment,

(iii) obtain counselling,

(iv) obtain substance abuse counselling or

treatment, until the respondent can demonstrate to the board or other body or

person designated by the adjudication tribunal that a condition related to

substance abuse rendering the respondent incapable or unfit to practise has

been overcome,

(

v) engage in continuing

education programs,

(vi) complete a course of

studies to the satisfaction of the board or other body or person designated by

the adjudication tribunal,

(vii) report on his or her compliance with an order

made under this

section and authorize others involved with his or her treatment

or supervision to report on it,

(viii) restrict his or her

professional practice or continue his or her practice under specified

conditions,

(ix) permit periodic

inspection of records relating to his or her practice, or

(

x) impose other

requirements that are just and reasonable in the circumstances.

(4) The costs incurred by the board to ensure the

compliance of a respondent with an order or direction of an adjudication

tribunal under this

section shall be borne by the respondent.

Filing and publication

of decisions

(1) An

adjudication tribunal shall file a decision or order made under subsection 31(2)

or 32(2) or (3) and its reasons with the registrar and provide a copy to the

complainant and the respondent and the respondent's employer.

(2) The registrar shall maintain a copy of a

decision or order filed under subsection (1) for a minimum of 5 years after the

day the decision is filed and shall upon receiving a request to view the

disciplinary records in relation to a social worker permit a person to view

those records.

(3) The registrar shall publish a

summary of a

decision or order of an adjudication tribunal in a newspaper of general

circulation in or nearest to the community in which the respondent practises

within 14 days of the expiry of the appeal period under

section 39, unless a

court orders otherwise, where the decision or order

(

a) suspends the

respondent;

(

b) allows or directs the

respondent to surrender his or her registration;

(

c) restricts the

respondent's practice;

(

d) specifies conditions

for the continuing practice of the respondent; or

(

e) requires that a

summary of the decision or order be published.

(4) The

summary of the decision published under

subsection (3) shall include

(

a) the name of the

respondent and the address where he or she practises;

(

b) the date, location

and a brief description of the conduct of the respondent that was found to be

deserving of sanction;

(

c) the name of the

complainant, unless the complainant has requested that his or her name be

withheld;

(

d) the contents of the

order in relation to the actions referenced in paragraphs (3)(

a) to (d); and

(

e) other information

specified for publication in the decision or order.

(5) Where a decision published under this

section

is confirmed, varied or set aside, the registrar shall within 14 days of the

filing of the subsequent decision or order publish a

summary of the decision or

order and subsections (2) and (3) apply, with the necessary changes.

(6) The registrar may give notice of the decision

and information respecting the decision to the other persons the board may

direct and shall include a

summary of the decision in a certificate of good

standing issued in relation to the respondent.

De-registration

and suspension

34 .

(1) Where

a social worker is allowed or directed to surrender his or her certificate, his

or her rights and privileges as a social worker cease.

(2) Where a social worker is suspended, his or her

rights and privileges as a social worker cease for the period of suspension.

(3) Where conditions or restrictions have been

imposed upon a respondent's ability to carry on his or her practice, his or her

rights and privileges as a social worker shall be limited to the extent

specified by the conditions or restrictions.

Failure to comply

35 .

(1) On

application by the board to the disciplinary panel, an adjudication tribunal

may make an order suspending the rights and privileges of a respondent where it

determines that the respondent has failed to comply with a decision or an order

under subsection 31(2) or 32(2) or (3).

(2) The parties to the application are the board and

the respondent.

(3) An order of an adjudication tribunal under

this

section may suspend the rights and privileges of the respondent for a

fixed period that the adjudication tribunal may consider appropriate, until

conditions which it may impose are fulfilled, or until further order of the

adjudication tribunal.

Re-hearing

(1) Where

a decision or order of the adjudication tribunal

(

a) suspends the

respondent;

(

b) allows or directs the

respondent to surrender his or her registration;

(

c) restricts the

respondent's practice; or

(

d) specifies

conditions for the continuing practice of the respondent,

and where the respondent alleges that new evidence has become available

or a material change in circumstances has occurred since the making of the decision

or order, the respondent may apply to the complaints authorization committee

for a supplementary hearing to discharge or vary the decision or order based on

the new evidence or material change in circumstances.

(2) An application under subsection (1) shall be

made not more than 90 days after the new evidence becomes available or the

material change in circumstances has occurred.

(3) Where an application is made to the complaints

authorization committee under subsection (1), and the committee is of the opinion

that new evidence has become available or that a material change in

circumstances has occurred, as alleged by a respondent, the matter shall be

referred to an adjudication tribunal as if it were a matter referred under

paragraph 27(3 )(

b) and sections 29 to 34 apply, with

the necessary changes, to the referred matter.

(4) The parties to a supplementary hearing under

this

section are the respondent and the board.

(5) For the purpose of this section, in addition

to an order that an adjudication tribunal may make under

section 32, a tribunal

may

(

a) vary the original

decision or order made under

section 32; or

(

b) discharge the

original decision or order, with or without conditions.

Costs of board

37 .

(1) Where

a person who was ordered to pay the costs of the board 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 board under

paragraph 31(2) (

e) or 32(3 )(

e) are a debt due the board

and may be recovered by a civil action.

Collection of

fine

38 .

(1) Where

an order is made under

section 31 or 32 imposing a fine on a respondent, the board

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 Registrar of the Supreme Court.

(2) Where a certificate is filed with the

Registrar of the Supreme Court under subsection (1), it has the same effect and

all proceedings may be taken on the certificate as if it were a judgment of the

Trial Division for the recovery of the amount stated in the certificate against

the person named in the certificate.

(3) A person named in a certificate filed under

this

section may, within 30 days after the certificate is filed, apply to a

judge of the Trial Division for a review, on a question of law or jurisdiction,

of the certificate.

(4) On application under subsection (3), the judge

may make any amendment to the certificate that is necessary to make the certificate

accord with the judge's decision.

(5) There is no appeal from a decision of a judge

made under this section.

(6) A certificate filed under this

section may

also be filed in the judgment enforcement registry on the expiration of the 30

day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act and be enforced

in accordance with that Act.

Appeal to Trial

Division

(1) The

board 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 Trial Division by filing a notice of appeal with the

Registrar of the Supreme Court.

(2) An appeal under this

section does not stay the

decision or order being appealed unless the Trial Division orders otherwise.

PART IV

GENERAL

Protection from liability

40. An

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

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

disciplinary panel, adjudication tribunal or the individual members of those

bodies, a person appointed by the complaints authorization committee to conduct

an investigation, another agent of the board 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.

Penalties

41. A

person who contravenes this Act or the regulations is guilty of an offence and

is liable on

summary conviction to a fine not exceeding $10,000 and to

imprisonment for a term not exceeding one year in default of payment or to both

a fine and imprisonment.

Regulations

(1) The

board may, subject to the approval of the minister, make regulations

(

a) prescribing requirements

for registration, including requirements for temporary registration;

(

b) prescribing practice

experience requirements for the practice of social work;

(

c) prescribing requirements

for re-entry to social work practice for those who have not been in active

practice;

(

d) respecting the

records to be kept and maintained by the registrar;

(

e) respecting the

register of social workers;

(

f) respecting quality

assurance, continuing competency, continuing professional development and continuing

education requirements of social workers;

(

g) prescribing time

limits for events in the disciplinary process in

Part III, including time

limits for

(

i) the

filing of an allegation,

(ii) the resolution of an

allegation by the registrar,

(iii) the conduct of an

investigation under

section 27,

(iv) consideration of an

allegation by the complaints authorization committee following completion of an

investigation,

(

v) responding to a

complainant and respondent at each stage of the process,

(vi) the appointment of an

adjudication panel under

section 28, and

(vii) the conduct of a

hearing and the filing of a decision or order by an adjudication panel following

completion of the hearing; and

(

h) generally , for the

purpose of the administration of this Act.

(2) Notwithstanding subsection (1), the minister

may make regulations to prescribe time limits for events in the disciplinary

process under

Part III where the board does not do so in a time period the minister

considers reasonable.

PART V

TRANSITIONAL AND COMMENCEMENT

Registration

continued

43. An

application for registration made but not concluded before the commencement of

this Act may be dealt with in accordance with the Social Workers Association Act as if that Act were still in force.

Transitional

(1) The

board existing immediately before the coming into force of this Act as elected

under the Social Workers Association Act shall

be considered to have the powers and duties of the board under this Act until a

board is elected under this Act.

(2) An election for members of the board shall be

held within 6 months of the day this Act comes into force.

(3) Notwithstanding subsection (2), the persons

holding the positions of

(

a) president;

(

b) past-president; and

(

c) president-elect

immediately before the coming into force of this Act shall hold those positions

on the board elected under this section.

(3) The minister shall appoint the members of the

board within 30 days of the election referred to in subsection (2).

(4) At the election referred to in subsection (2),

3 persons shall be elected for a term of 3 years and 4 persons shall be elected

for a term of 2 years, but those persons shall not include the person elected under

the Social Workers Association Act as

president-elect.

SNL1992 cS-18.1 Rep.

45. The Social

Workers Association Act is repealed.

Commencement

46. This Act shall come into force on March 31,

Earl G. Tucker, Queen's Printer