SNL2010 CHAPTER S-17.2 - SOCIAL WORKERS ACT

SNL2010 CHAPTER S-17.2 SOCIAL WORKERS ACT Amended: 2012 c35 s17; 2013 c16 s25; 2014 c7 s18; 2014 c29; 2020 c14; 2022 c6; 2022 cP-30.1 s65 CHAPTER S-17.2 AN ACT RESPECTING THE PRACTICE OF SOCIAL WORK (Assented to June 24, 2010) Analysis 1. Short title 2. Definitions 3. Application of Act PART I COLLEGE 4. College 5. Objects 6. College officers 7. College membership 8. College meetings 9. Board 10. Composition of board 11. Committees of the board 12. Appointment by minister 13. Administration 14. Register 15. Fees 16. Annual report 17. By-laws PART II REGISTRATION 18. Registration 19. Temporary registration 20. Appeal 21. Right to practice 22. Offence PART III DISCIPLINE 23. Definitions 24. Complaints and disciplinary panel 25. Allegation 26. Effect of filing allegation 27. Complaints authorization committee 28. Adjudication tribunal 29. Hearing 30. Copies of books, etc. as evidence 31. Guilty plea by respondent 32. Powers of adjudication tribunal 33. Filing and publication of decisions 34. De-registration and suspension 35. Failure to comply 36. Re-hearing 37. Costs of college 38. Collection of fine 39. Appeal to Supreme Court PART III.1 QUALITY ASSURANCE 39.1 Quality assurance program 39.2 Quality assurance committee 39.3 Assessment 39.4 Report and compliance 39.5 Costs 39.6 Termination of review 39.7 Duty to report PART IV GENERAL 40. Protection from liability 41. Penalties 42. Regulations PART V TRANSITIONAL AND COMMENCEMENT 43. Registration continued 44. Transitional 45. SNL1992 cS-18.1 Rep. 46. 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 . 2010 cS-17.2 s1 Back to Top Definitions 2. In this Act (a) "board" means the board of directors of the college referred to in section 10; (b) "college" means the Newfoundland and Labrador College of Social Workers continued by this Act; (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 using social work knowledge, theory and skills to (i) provide direct counselling and therapy services to a client, (ii) develop, implement, manage or deliver human service programs, including those done in collaboration with other professions, (iii) contribute to the development and advancement of health and social policy, and (iv) conduct research in the science, technique and practice of social work. 2010 cS-17.2 s2 ; 2020 c14 s1 Back to Top Application of Act 3. (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. 2010 cS-17.2 s3 PART I COLLEGE 2020 c14 s2 Back to Top College 4. (1) The Newfoundland and Labrador Association of Social Workers is continued under the name the Newfoundland and Labrador College of Social Workers as a corporation without share capital for the purposes of Part XXI of the Corporations Act . (2) The abbreviated form of the name of the college shall be "N.L.C.S.W.". 2010 cS-17.2 s4 ; 2020 c14 s3 Back to Top Objects 5. (1) The college shall act in the public interest and the objects of the college 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 college. (2) Notwithstanding subsection (1), the college shall not undertake individual advocacy for members. 2010 cS-17.2 s5 ; 2020 c14 s4 Back to Top College officers 6. (1) The chairperson of the board shall be the chairperson of the college and shall preside at meetings of the college. (2) The vice-chairperson shall, in the absence of the chairperson, preside at meetings of the college. (3) The vice-chairperson shall become the chairperson of the college when the chairperson leaves office. (4) Where the vice-chairperson, for any reason, does not assume the position of chairperson under subsection (3), a chairperson shall be selected as provided for in the by-laws. 2010 cS-17.2 s6 ; 2020 c14 s5 Back to Top College membership 7. (1) The members of the Newfoundland and Labrador Association of Social Workers on the commencement of this Act are continued as members of the college for the purpose of this Act. (2) A person who holds a certificate of registration as a social worker or is temporarily registered under this Act and who has paid the required fees prescribed by the board is a member of the college and has full voting rights. (3) The college may appoint persons to associate and other types of non-voting membership in accordance with the by-laws. (4) At meetings of the college, each member of the college shall have one vote and in the case of a tie, the chairperson or, in the absence of the chairperson, the vice-chairperson, shall have a second or casting vote. (5) Except where prohibited in the by-laws, a member of the college may, where all the members of the college consent, participate in a meeting of the college by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other. 2010 cS-17.2 s7 ; 2020 c14 s6 Back to Top College meetings 8. (1) The college shall hold an annual general meeting in each year to which all members of the college shall be invited, and may hold other general or special meetings that are required during each year. (2) At its annual general meeting the college shall (a) appoint an auditor to audit the accounts of the college and to report on the financial statements of the college; and (b) consider and vote on those other matters required by the by-laws. 2010 cS-17.2 s8 ; 2020 c14 s7 Back to Top Board 9. (1) The board of directors of the Newfoundland and Labrador Association of Social Workers is continued as the board of directors of the college. (2) The college shall be governed by the board of directors. (3) The board shall manage and conduct the business and affairs and exercise the powers of the college for and on behalf of the college. 2010 cS-17.2 s9 ; 2020 c14 s8 Back to Top Composition of board 10. (1) The board shall consist of (a) 10 persons elected from and by social workers in accordance with the by-laws ; and (b) 4 persons appointed by the minister under section 12. (2) The persons referred to in paragraph (1)(a) shall be elected by a majority vote of the members in accordance with the by-laws. (3) The chairperson and the vice-chairperson of the board shall be selected in accordance with the by-laws. (4) The board shall hold office in the manner and for the time provided for in the by-laws. (5) A member may be elected for a term set by the by-laws which shall not exceed 3 years and is eligible to be re-elected, but shall not serve as a member for more than 9 consecutive years. (6) An elected member may resign his or her office by written notice to the board. (7) Where an elected member resigns, dies or becomes incapable of performing his or her duties, the remaining members shall appoint a replacement to serve until the expiry of the term of that elected member. (8) Where the term of office of a member of the board expires and a successor has not been elected or appointed, the member may continue to hold office until a successor is elected or appointed but time served by that member under this subsection shall not be counted for the purpose of subsection (5). (9) Elected members shall serve without payment for their services, but their travel and other expenses associated with their duties as members may be paid by the board, in accordance with the by-laws. (10) A quorum of the board is 8 members, of whom one shall be an appointed member. (11) At meetings of the board, each member shall have one vote and in the case of a tie, the chairperson, or in the absence of the chairperson, the vice-chairperson shall have a second or casting vote. (12) T he board may determine its own procedure in the by-laws. 2010 cS-17.2 s10 ; 2020 c14 s9 Back to Top Committees of the board 11. (1) The board may appoint committees 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. 2010 cS-17.2 s11 ; 2020 c14 s10 Back to Top Appointment by minister 12. (1) The minister shall appoint as members of the board 4 persons who are not members of the college 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 chairperson 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). 2010 cS-17.2 s12 ; 2020 c14 s11 Back to Top Administration 13. (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 college 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 college; (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. 2010 cS-17.2 s13 ; 2020 c14 s12 Back to Top Register 14. (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 college 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. 2010 cS-17.2 s14 ; 2020 c14 s13 Back to Top 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 college shall be applied by it to its duties under this Act. 2010 cS-17.2 s15 ; 2020 c14 s14 Back to Top Annual report 16. (1) The college shall prepare and submit to the minister not later than 6 months after the end of the financial year a report on the activities of the college in the previous year which shall contain the college's audited financial statements for that financial year. (2) The minister shall publish the annual report on the Health and Community Services website. (3) The college shall publish the annual report on its website in a manner that the annual report may be accessed by a member of the public. (4) Where the college fails to comply with subsection (1) or (3), the college is guilty of an offence and is liable upon summary conviction to a fine of $1,000. 2012 c35 s17 ; 2020 c14 s15 Back to Top 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; (d.1) the selection of the chairperson and vice-chairperson of the board; (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 college 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 college. 2010 cS-17.2 s17 ; 2020 c14 16 PART II REGISTRATION Back to Top Registration 18. (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. 2010 cS-17.2 s18 Back to Top Temporary registration 19. Notwithstanding section 18, an employee of the government of the province or the Provincial 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 board 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. 2010 cS-17.2 s19 ; 2020 c14 s17 ; 2022 cP-30.1 s65 Back to Top Appeal 20. (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 Supreme Court by filing a notice of appeal with the court. 2010 cS-17.2 s20 ; 2013 c16 s25 ; 2020 c14 s18 Back to Top Right to practice 21. (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. 2010 cS-17.2 s21 Back to Top 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. 2010 cS-17.2 s22 PART III DISCIPLINE Back to Top 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 college" includes (i) out of pocket expenses incurred by or on behalf of the college, (ii) amounts paid by the college to adjudication tribunal members as remuneration and for expenses, and (iii) the actual cost of legal counsel for the college 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. 2010 cS-17.2 s23 ; 2020 c14 s19 Back to Top 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 college, 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. 2010 cS-17.2 s24 ; 2020 c14 s20 Back to Top 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. 2010 cS-17.2 s25 Back to Top Effect of filing allegation 26. (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. 2010 cS-17.2 s26 Back to Top 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; (a.1) refer the allegation to the quality assurance committee; (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 to (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 Supreme Court by filing a notice of appeal with the court. (9) Subsections (5), (6) and (7) apply to the Crown. 2010 cS-17.2 s27 ; 2013 c16 s25 ; 2014 c29 s1 ; 2020 c14 s21 Back to Top Adjudication tribunal 28. (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. 2010 cS-17.2 s28 Back to Top Hearing 29. (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 college 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. 2010 cS-17.2 s29 ; 2020 c14 s22 Back to Top 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. 2010 cS-17.2 s30 Back to Top Guilty plea by respondent 31. (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 college; (e) order that the respondent pay the costs or a part of the costs incurred by the college 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(7) 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 college 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. 2010 cS-17.2 s31 ; 2020 c14 s23 ; 2022 c6 s50 Back to Top 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 college 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 college; (e) order that the respondent pay the costs or a part of the costs incurred by the college 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(7) 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 college 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. 2010 cS-17.2 s32 ; 2020 c14 s24 ; 2022 c6 s51 Back to Top Filing and publication of decisions 33. (1) An adjudication tribunal shall file a decision or order made under subsection 31(2) or 32(3) with the registrar and provide a copy to the complainant, 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 10 years after the day the decision or order is filed and shall upon receiving a request to view the disciplinary records in relation to a respondent permit a person to view the summary prepared in accordance with subsection (7). (3) The registrar shall publish a summary of a decision or order of an adjudication tribunal within 14 days of the expiry of the appeal period under section 39, where the decision or order (a) suspends the respondent; (b) allows or directs the surrender of the respondent's 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) Where the registrar is required to publish a summary of a decision or order under subsection (3), the registrar shall (a) publish the summary of the decision or order on the board's website; or (b) where the board does not have a website, provide the summary or order to the Department of Health and Community Services for publication on its website. (5) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar shall (a) advise at least 2 media outlets in or nearest to the community in which the respondent practises that a summary of the decision or order has been published; and (b) arrange that a summary of the decision or order be kept on the website (i) for a period of not less than 3 months, or (ii) where one or more of the following apply, for a period not less than the period referred to in clause (A), (B) or (C), as applicable: (A) where the respondent is suspended for a period greater than 3 months, the period of suspension, (B) where the respondent’s practice is restricted for a period greater than 3 months, the period of restriction, or (C) where conditions are imposed for the continuing practice of the respondent for a period greater than 3 months, the period during which conditions are imposed. (6) Where the registrar publishes a summary of a decision or order in accordance with subsection (4), the registrar may also publish a summary of the decision or order in the board’s annual report or another publication approved by the board. (7) Unless a court orders otherwise, the summary of the decision or order published under this section shall include (a) the name of the respondent and the address where the respondent 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, where requested by the complainant; (d) the contents of the decision or 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. (8) Where a decision or order, the summary of which is published under this section, is 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 (3) to (7) apply, with the necessary changes. (9) The registrar may give notice of the decision or order and information respecting the decision or order to the other persons the board may direct and shall include a summary of the decision or order in a certificate of good standing issued in relation to the respondent. (10) Nothing in this section prohibits the registrar from publishing a decision or order of an adjudication tribunal, including publishing it in a database or repository for adjudication decisions approved by the minister, provided that the name and any identifying information of the complainant or witnesses is not published unless the complainant or witness requests that it be published. 2010 cS-17.2 s34 ; 2022 c6 s52 Back to Top 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. 2010 cS-17.2 s34 Back to Top Failure to comply 35. (1) On application by the college 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 college 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. 2010 cS-17.2 s35 ; 2020 c14 s25 Back to Top Re-hearing 36. (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 college. (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. 2010 cS-17.2 s36 ; 2020 c14 s26 Back to Top Costs of college 37. (1) Where a person who was ordered to pay the costs of the college under paragraph 31(2)(e) or 32(3)(e) fails to pay in the time required, the board may suspend the registration of that person until the costs are paid. (2) Costs ordered to be paid to the college under paragraph 31(2)(e) or 32(3)(e) are a debt due the college and may be recovered by a civil action. 2010 cS-17.2 s37 ; 2020 c14 s27 Back to Top Collection of fine 38. (1) Where an order is made under section 31 or 32 imposing a fine on a respondent, the college may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Supreme Court. (2) Where a certificate is filed with 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 Supreme Court 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 Supreme Court 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. 2010 cS-17.2 s38 ; 2013 c16 s25 ; 2020 c14 s28 Back to Top Appeal to Supreme Court 39. (1) ) The college or the respondent may, within 30 days after receiving notice of the decision or order of an adjudication tribunal under this Act, appeal the decision or order to the Supreme Court by filing a notice of appeal with the court. (2) An appeal under this section does not stay the decision or order being appealed unless the Supreme Court orders otherwise. 2010 cS-17.2 s39 ; 2013 c16 s25 ; 2020 c14 s29 PART III.1 QUALITY ASSURANCE 2014 c29 s2 Back to Top Quality assurance program 39.1 (1) The board shall establish and maintain a quality assurance program to promote high standards of practice for social workers. (2) The quality assurance program shall include mandatory continuing education and professional development and shall be designed to promote (a) continuing competence; and (b) continuing quality improvement. 2014 c29 s2 Back to Top Quality assurance committee 39.2 (1) The board shall appoint a committee known as the quality assurance committee. (2) The quality assurance committee shall investigate a concern (a) on the referral of a quality assurance issue by (i) the registrar, or (ii) the complaints authorization committee; or (b) on its own accord. (3) The quality assurance committee may (a) subpoena records, including client records; (b) order a social worker to undergo an evaluation, assessment or examination; (c) order a review of a social worker’s practice, including any consequential review of client records; (d) order periodic or random audits of aspects of a social worker’s practice; and (e) accept an agreement between the registrar and the social worker to give effect to matters which could be ordered by the quality assurance committee. (4) Where a social worker fails to comply with an order made by the quality assurance committee, that committee shall refer that failure to comply as an allegation to the complaints authorization committee. 2014 c29 s2 Back to Top Assessment 39.3 (1) The quality assurance committee may appoint persons registered as social workers under this Act as assessors for the purpose of the quality assurance program. (2) An assessor may, for the purpose of the quality assurance program (a) enter, without notice and at reasonable times, places where social work is practised to make necessary inspections; (b) inspect the social worker’s records of care administered to clients; (c) require from the social worker or another person information required by the quality assurance committee or the assessor respecting the assessment and care of clients by the social worker, or his or her records of care administered to clients; (d) access client records without the consent of that client; and (e) require that the social worker confer with the quality assurance committee. (3) A social worker whose standards of practice are the subject of an assessment under the quality assurance program shall cooperate fully with the quality assurance committee and assessors. (4) All records and specific information relating to the quality assurance program or a review, recommendation or order under it are confidential. (5) Paragraphs (2)(a) to (d) and subsection (7) apply to the Crown. (6) The quality assurance committee and an assessor appointed under subsection (1) shall have the powers, privileges and immunities that are conferred on a commissioner under the Public Inquiries Act, 2006 . (7) An action for damages does not lie against a person to whom a request is made solely because he or she provides information requested of him or her under paragraph (2)(c). 2014 c29 s2 Back to Top Report and compliance 39.4 (1) Upon completion of an assessment an assessor shall submit a report of his or her findings to the quality assurance committee and the committee shall review the report and may (a) make no recommendation to the social worker who has been assessed;

or (b) confer with the social worker assessed and make those remedial recommendations to him or her that the quality assurance committee considers appropriate. (2) The quality assurance committee may order (a) the social worker who has been assessed to comply with recommendations made by the committee under subsection (1); and (b) that a social worker be reassessed. 2014 c29 s2 Back to Top Costs 39.5 The costs incurred by a social worker in implementing remedial recommendations of the quality assurance committee shall be paid by that social worker and shall not be a cost of the quality assurance committee, the board or the college. 2014 c29 s2 ; 2020 c14 s30 Back to Top Termination of review 39.6 (1) Where an assessor or a member of the quality assurance committee learns, in the course of a review, that a social worker may be guilty of conduct deserving of sanction within the meaning of section 23, the assessment shall be terminated, the social worker shall be advised, and the matter shall be referred to the complaints authorization committee to be dealt with as an allegation. (2) Notwithstanding subsection 39.3(4), an assessor or a member of a quality assurance committee shall provide all information and documents in its possession relating to the review to the complaints authorization committee. (3) An order of the quality assurance committee issued before it refers a matter to the complaints authorization committee under subsection (1) remains in effect notwithstanding the referral of the matter to the complaints authorization committee. 2014 c29 s2 Back to Top Duty to report 39.7 (1) A social worker who has knowledge, from direct observation or objective evidence, of conduct deserving of sanction of another social worker shall report the known facts to the registrar. (2) A person who terminates the employment of or dissolves a partnership with a social worker based on direct knowledge of the social worker’s conduct deserving of sanction shall report the known facts to the registrar. (3) An action shall not be brought against a social worker, officer, partnership, employer or association for the sole reason that the person, officer, partnership, employer or association complied with this section. 2014 c29 s2 PART IV GENERAL Back to Top Protection from liability 40. An action for damages does not lie against the registrar, an officer, employee or agent of the board or the college, a member of a committee of the board or the college, a member of a disciplinary panel, adjudication tribunal or the individual members of those bodies, or a person appointed by the complaints authorization committee to conduct an investigation for an act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations authorized under this Act or for a decision or order made or enforced in good faith under this Act. 2010 cS-17.2 s40 ; 2020 c14 s31 Back to Top 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. 2010 cS-17.2 s41 Back to Top Regulations 42. (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. 2010 cS-17.2 s42 PART V TRANSITIONAL AND COMMENCEMENT Back to Top 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. 2010 cS-17.2 s43 Back to Top Transitional 44. (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. (4) The minister shall appoint the members of the board within 30 days of the election referred to in subsection (2). (5) 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. 2010 cS-17.2 s44 Back to Top SNL1992 cS-18.1 Rep. 45. The Social Workers Association Act is repealed. 2010 cS-17.2 s45 Back to Top Commencement 46. This Act shall come into force on March 31, 2011. 2010 cS-17.2 s46