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Revised Statutes of Newfoundland 1990


CHAPTER S-18

AN ACT RESPECTING THE REGISTRATION OF SOCIAL WORKERS

Analysis

1. Short title

2. Definitions

3. Board of registration

4. Meetings of board

5. Duties of registrar

6. Evidence

7. Fees

8. Regulations

9. Use of designation

10. Penalty


Short title

1. This Act may be cited as the Social Workers Registration Act.

1979 c4 s1

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Definitions

2. In this Act,

(a) "board" means the Board of Registration of Social Workers;

(b) "minister" means the Minister of Social Services; and

(c) "registered social worker" means a person who is registered in accordance with this Act and the regulations.

1979 c4 s2

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Board of registration

3. (1) The Board of Registration of Social Workers consisting of 7 members appointed under subsection (2) is continued.

(2) The minister may appoint to the board

(a) 3 members of the Newfoundland Association of Social Workers;

(b) 1 person from the School of Social Work of Memorial University of Newfoundland;

(c) 2 employees of the government of the province; and

(d) 1 other person who is not a registered social worker and who represents the public.

(3) A member is eligible for appointment during pleasure for a period not exceeding 3 years and is eligible for reappointment, but a member may not serve for a continuous period exceeding 9 years.

(4) The minister shall appoint, from the membership of the board,

(a) a chairperson;

(b) a vice-chairperson who shall in the absence of the chairperson carry out the functions and duties of the chairperson; and

(c) a registrar.

(5) The officials appointed under subsection (4) hold office during pleasure for a period of 3 years.

1979 c4 s3

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Meetings of board

4. The board shall hold at least 1 annual general meeting at a time and place that it may determine or that may be prescribed by the regulations, and may hold other general meetings during a year upon the request of the chairperson, the registrar, or any 3 members.

1979 c4 s4

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Duties of registrar

5. The registrar shall

(a) keep a register in which he or she shall maintain a list of the names and addresses of persons to whom this Act applies;

(b) before February 16 in a year, publish in the Gazette the list referred to in paragraph (a) showing the names and addresses of persons whose names appear on the register as of January 15 in that year;

(c) control matters relating to the finances of the board including receipt of money paid to the board, or a member on behalf of the board, and for making disbursements on behalf of the board; and

(d) file with the minister, within 3 months after the end of the board's financial year, an audited statement showing money collected and disbursements made during the preceding financial year.

1979 c4 s5

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Evidence

6. A copy of the register, certified by the registrar, is admissible in evidence in courts in a prosecution for an offence under this Act and in the absence of evidence to the contrary is proof of the information contained in the register without proof of the signature of the official character of the person appearing to have signed the register.

1979 c4 s6

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Fees

7. (1) In fixing the fees payable under this Act, the board shall, where it is practicable, ensure that the amount of those fees is sufficient to enable it to discharge its powers under this Act.

(2) Money received by the board shall be applied by it to the exercise of its powers under this Act.

1979 c4 s7

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Regulations

8. Subject to the approval of the minister, the board may make regulations

(a) respecting the holding of meetings, including the place, nature and order of business to be considered at those meetings;

(b) prescribing the qualifications required for registration;

(c) providing for, giving notice of and holding examinations of persons applying for registration under this Act and prescribing the content and nature of those examinations and setting the fees payable for those examinations;

(d) providing for the maintenance of a register and the registration and renewal of registration of persons qualified for registration, and the fees for registration and the annual renewal of those fees;

(e) defining "social work" and "social worker" for the purposes of this Act and the regulations;

(f) providing for the cancellation or suspension of the registration of a social worker who fails to renew his or her registration when required, or found by the board to be guilty of misconduct or of having displayed incompetence as to make it desirable in the public interest that his or her registration should be cancelled or suspended;

(g) defining what constitutes misconduct and incompetence of a registered social worker;

(h) providing for the limitation, control and conduct of service by registered social workers; and

(i) generally, to give effect to the purpose of this Act.

1979 c4 s8; 1986 c30 s9

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Use of designation

9. A person registered under this Act as a social worker shall be known as a registered social worker and an unregistered person who assumes that title or represents that he or she is a registered social worker, or holds himself or herself out to the public as a registered social worker or by false or fraudulent declaration attempts to obtain registration under this Act, is guilty of an offence.

1979 c4 s9

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Penalty

10. A person who is guilty of an offence under section 9 is liable on summary conviction

(a) for a 1st offence to a fine of not more than $50 or to imprisonment for not more than 30 days or to both a fine and imprisonment; or

(b) for a 2nd or subsequent offence to a fine of not more than $200 or to imprisonment for not more than 3 months or to both a fine and imprisonment.

1979 c4 s10

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