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Statutes of Newfoundland and Labrador 2010


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
ASSOCIATION

        4.   Association continued

        5.   Objects

        6.   Association officers

        7.   Association membership

        8.   Association 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 board

      38.   Collection of fine

      39.   Appeal to Trial Division

              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.

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

        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.

PART I
ASSOCIATION

Association continued

        4. (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

        5. (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

        6. (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

        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 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 the 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

        8. (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

        9. (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

      10. (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 subsection (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

      11. (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

      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 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

      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 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

      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.

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

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

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.

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

      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.

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 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 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

      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.

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 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

      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 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

      33. (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

      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 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

      39. (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

      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.

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

      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.

SNL1992 cS-18.1 Rep.

      45. The Social Workers Association Act is repealed.

Commencement

      46. This Act shall come into force on March 31, 2011.