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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1132/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1132/96

Social Workers Association Regulations
under the
Social Workers Association Act
(O.C. 96‑941)

Under the authority of section 10 of the Social Workers Association Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Application for registration

        4.   Application form and procedure

        5.   Additional information

        6.   Proofs considered

        7.   Statement re code of ethics

        8.   Operation of committee

        9.   Examinations

      10.   Refusal of registration

      11.   Notification of approval

      12.   Fees

      13.   Fee reduction or proration

      14.   First time registrant

      15.   Certificate of registration

      16.   Renewal of certificate

      17.   Duties of registrar

      18.   Discipline committee

      19.   Fine described

      20.   Repeal


Short title

        1. These regulations may be cited as the Social Workers Association Regulations.

159/93 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Social Workers Association Act;

             (b)  "applicant" means a person who makes an application to the committee of examiners in accordance with these regulations for registration as a social worker;

             (c)  "approved educational institution" means a university which is considered acceptable by the committee of examiners;

             (d)  "certificate of registration" means the certificate referred to in section 19 of the Act;

             (e)  "code of ethics" means the Code of Ethics of the Canadian Association of Social Workers (C.A.S.W.);

              (f)  "committee of examiners" means the committee appointed under section 15 of the Act; and

             (g)  "registration" means registration as a social worker.

159/93 s2

Application for registration

        3. An applicant for registration shall submit a written application to the committee of examiners.

159/93 s3

Application form and procedure

        4. An application shall be in the form prescribed by the board and shall

             (a)  contain information about the applicant concerning the following matters:

                      (i)  the applicant's name,

                     (ii)  the applicant's address and telephone number, both home and office,

                    (iii)  the languages spoken or understood,

                    (iv)  the post‑secondary education received and the institutions which the applicant has attended and from which the applicant was graduated,

                     (v)  the social work education which the applicant has attained or the social work instruction which the applicant has received,

                    (vi)  the professional experience attained during the preceding 7 years,

                   (vii)  the names of persons able and willing to give reference as to character, and

                  (viii)  criminal convictions; and

             (b)  be accompanied by

                      (i)  one or more proofs that are outlined in section 6,

                     (ii)  a statement in which the applicant attests that he or she will adhere to the code of ethics, and

                    (iii)  the application fee.

159/93 s4

Additional information

        5. The committee of examiners may require an applicant to submit further information which the committee may consider necessary in order to properly evaluate an application.

159/93 s5

Proofs considered

        6. (1) The following shall be considered to be proofs which may be required by the committee of examiners:

             (a)  a certificate of an officer of an approved school of social work to the effect that the applicant has received a degree or diploma from the school;

             (b)  one or more certificates of one or more persons who have had professional supervision over the applicant to the effect that the applicant is a person suitable for registration and that the applicant has had a minimum of 5 years' experience in the field of social work under the direct supervision of a registered social worker;

             (c)  one or more certificates of one or more persons who have had professional supervision over the applicant to the effect that the applicant has had a minimum of one year's employment in the province in the field of social work under the direct supervision of a registered social worker, together with a report regarding this employment;

             (d)  a certificate of an officer or executive director of the Canadian Association of Social Workers or a member association of the Canadian Association of Social Workers to the effect that the applicant is a member in good standing of that association; or

             (e)  a certificate of conduct of the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or other police force located in the municipality of the applicant's place of residence as to criminal charges and convictions.

             (2)  The committee of examiners may require other proofs.

159/93 s6

Statement re code of ethics

        7. The statement referred to in subparagraph 4(b)(ii) shall be in the form prescribed by the board.

159/93 s7

Operation of committee

        8. (1) The members of the committee of examiners shall hold office for a maximum period of 2 years.

             (2)  A member of the committee of examiners shall be eligible for reappointment.

             (3)  When a vacancy occurs in the membership of the committee of examiners, otherwise than by the expiry of the term of a member, the board or the minister, depending on whether the member was initially appointed under subsection 15(1) or (2) of the Act, shall appoint another person to hold office during the unexpired term.

159/93 s8

Examinations

        9. (1) Where the committee of examiners considers it necessary to conduct examinations in order to establish an applicant's eligibility for registration, the committee shall conduct the examinations.

             (2)  Examinations for applicants seeking registration as social workers shall be held at the places and times which the committee of examiners directs but examinations shall only be held after applicants have been given at least one month's notice.

             (3)  The subjects for examination shall be similar to those of a baccalaureate program in social work in the province and shall include

             (a)  social work values;

             (b)  knowledge of social work theory and practice with individuals, small groups, families, organizations and communities;

             (c)  knowledge of social policy and research; and

             (d)  demonstration of social work skills through examples of actual work.

159/93 s9

Refusal of registration

     10. (1) Where the registrar refuses to register an applicant as a registered social worker, the registrar shall advise the applicant by a written statement of the reasons for the refusal to register.

             (2)  An applicant for registration may appeal to the committee of examiners within 30 days of receipt of notification of the decision of the registrar.

             (3)  The committee of examiners may, after hearing the appeal,

             (a)  direct that the applicant be registered;

             (b)  refer the matter back to the registrar for consideration with the directions that the committee considers necessary; or

             (c)  refuse the appeal and uphold the decision of the registrar.

159/93 s10

Notification of approval

     11. Where an application for registration has been approved, the applicant shall be notified of the approval and shall be required to submit the registration fee to the registrar.

159/93 s11

Fees

     12. Applicants and registered social workers shall be subject to those fees prescribed by the board.

159/93 s12

Fee reduction or proration

     13. A reduction or proration of fees shall not be made to persons who become registered or renew registration as social workers after the commencement of a fee year on February 28 except as specified in these regulations.

159/93 s13

First time registrant

     14. A person whose name is entered for the first time on the register of social workers after October 1 shall only be required to pay 50% of the annual registration fee for that first year of registration.

159/93 s14

Certificate of registration

     15. An applicant qualifying for registration as a social worker shall be issued a certificate of registration in the form prescribed by the board.

159/93 s15

Renewal of certificate

     16. A certificate of registration as a registered social worker may be renewed by paying the annual registration fee before the registration expires.

159/93 s16

Duties of registrar

     17. The registrar shall

             (a)  maintain a register of social workers to be located at the head office of the association;

             (b)  process applications for registration;

             (c)  issue, on the direction of the committee of examiners, certificates of registration and renewals of registration to registered social workers; and

             (d)  perform other duties that the board may prescribe.

159/93 s17

Discipline committee

     18. (1) The board shall appoint a discipline committee comprised of 5 members of the association, one of whom shall be designated as the chairperson.

             (2)  Three members of the discipline committee constitute a quorum and all decisions shall carry by a simple majority of the members of the discipline committee present at the hearing.

             (3)  Where the discipline committee commences a hearing and not more than 2 members become unable to act, the remaining members may complete the hearing and shall have the same authority as the full committee.

             (4)  A notice of termination referred to in subsection 39(2) of the Act shall be served on the investigated person in accordance with section 31 of the Act and on the complainant within 10 calendar days of the decision having been made by the discipline committee and shall be in the form prescribed by the board.

159/93 s18

Fine described

     19. A fine imposed in accordance with paragraph 46(d) of the Act shall not exceed $2,000.

159/93 s19

Repeal

      20. The Social Workers Association Regulations, Newfoundland Regulation 159/93, are repealed.