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This is not an official version. POINT IN TIME |
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| December 12, 2006 to March 30, 2011 |
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Repealed on March 31, 2011 SNL1992 CHAPTER S-18.1 SOCIAL WORKERS ASSOCIATION ACT Amended: 1995 c35; 1997 c13 s68; 2001 c7; 2006 c40 s21 CHAPTER S-18.1 AN ACT RESPECTING THE
(Assented to June 11, 1992)
PART I
PART II
PART III
PART IV
PART V
PART VI 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 Association Act . Definitions 2. In this Act
(a)
"association" means the
(b) "board" means the executive and board of directors of the association referred to in section 9; (c) "discipline committee" means the discipline committee established under section 34; (d) "investigated person" means a member or former member who is subject to an inquiry or investigation under Part IV; (e) "member" means a member of the association registered under section 17, 18 or 20 but does not include a student or an associate member; (f) "minister" means the minister appointed under the Executive Council Act to administer this Act; (g) "registrar" means the registrar appointed under section 16; (h) "secretary" means the secretary elected under section 9; (i) "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, and (iii) conducting applied social research; and (j) "social worker" means a person registered under this Act. Application of Act 3. (1) This Act does not apply to (a) a student in the course of his or her being employed or supervised and controlled by a social worker; (b) the clergy; and (c) the rights, powers or privileges held by a person under another Act or under a registration or licence granted under that Act. (2) This Act is binding upon employees of the government of the province who practise social work in the course of that employment. (3) Notwithstanding subsection (2), the minister shall by order designate those employees of the government of the province who shall be exempt from the application of this Act. Association continued 4. (1) The Newfoundland Association of Social Workers, a corporation continued under theCorporations Act , is continued as a corporation under this Act under the name of the Newfoundland and Labrador Association of Social Workers. (2) The association is the successor at law to the Newfoundland Association of Social Workers continued as a corporation under the Corporations Act and assumes the assets and liabilities of that corporation. (3) The abbreviated form of the name of the association shall be "N.A.S.W.". Head office 5. The head office of the association shall be at a place within the province as is provided in the by-laws. Objects 6. The objects of the association are (a) to 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) to 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) to regulate the practice of social work in the province and to govern the profession according to this Act and to do all things to protect the interests of members; (d) to promote public awareness of the profession and practice of social work and to communicate and co-operate with other professional organizations for the advancement and best interest of the profession and of the practice of social work; and (e) to encourage studies in social work. Powers 7. The association may (a) evaluate the competence of members and provide for the governing and disciplining of social workers in the province, including providing for the publication of a code of ethics respecting social workers; (b) acquire and hold real and personal property by way of purchase, lease, grant, hire, exchange or otherwise and dispose of that property; (c) borrow money, and give security by way of mortgage, pledge, charge or otherwise for borrowed money, in order to carry out the objects of the association; (d) invest money of the association as determined by the association to be for its benefit; (e) establish and maintain an official register of members entitled to practise social work under this Act; (f) manage its property and conduct its business in keeping with the objects of the association; (g) assess existing and develop new and continuing educational and other standards and specify the training and experience required for obtaining and continuing registration under this Act; (h) assess and define areas of specialization and the qualifications necessary to practise social work in those areas of specialization; (i) publish and amend a suggested minimum scale of fees to be taken by social workers for services provided; (j) fix and collect fees payable for the purpose of this Act and to provide exemptions from those fees; (k) suspend from the register or refuse registration where a fee has not been paid; (l) assess members for expenditures considered necessary to further the objects of the association; (m) enter into agreements and negotiate with a person, association, agency or group necessary to carry out the objects of the association; and (n) receive gifts, donations and bequests from persons or associations and make gifts or donations for the promotion of the objects of the association. Board 8. (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. Directors 9. (1) The board shall consist of (a) a president; (b) a president-elect; (c) a secretary; (d) a treasurer; (e) a member who is also a member of the board of the Canadian Association of Social Workers; (f) the number of directors at large provided for in the by-laws; (g) the immediate past-president of the association; and (h) a person appointed by the minister. (2) A person appointed under paragraph (1)(h) shall not be a member or associate member of the association. (3) The president-elect, secretary, treasurer and directors at large shall be elected by a majority vote of the members and the position of president shall be assumed by the president-elect. (4) The president-elect of the Newfoundland Association of Social Workers immediately before the commencement of this Act shall assume the position of president immediately after the 1st election under subsection (3). (5) Where the president-elect, for any reason, does not assume the position under subsections (3) or (4), a president shall be elected as provided for in the by-laws. (6) The board shall be elected and hold office in the manner and for the time provided for in the by-laws. (7) Until a board is elected under this Act, the board of registration existing immediately before the commencement of this Act as appointed under section 3 of the Social Workers Registration Act shall be considered to have the powers and duties of the board under this Act. (8) The board may appoint committees from among the membership of the association to carry out the duties and functions directed by the board. (9) The board may determine its own procedure. Regulations 10. The board may, subject to the approval of the minister, make regulations (a) respecting the subjects of examination for applicants for registration as social workers under this Act; (b) respecting the time and place of examination of applicants; (c) prescribing a period of practical experience or service for applicants for registration as social workers; (d) prescribing requirements for registration and the practice of social work; (e) respecting the keeping and maintaining by the registrar of records and registers of social workers practising social work in the province; (f) respecting the academic qualifications and experience required of applicants for registration as social workers and the evaluation of those qualifications and that experience by the board, the committee of examiners or another committee appointed by the board; (g) respecting continuing education and practical experience requirements of members; (h) respecting certificates of registration; (i) prescribing the terms of office, duties and functions of the committee of examiners; (j) respecting the composition, operations and proceedings of the discipline committee and respecting the powers, duties and functions of members of the discipline committee; (k) respecting disciplinary matters, penalties, fines, a requirement for professional liability insurance and the practice of social work generally; and (l) generally to give effect to the objects and powers of the association. Treasurer 11. (1) The treasurer elected under subsection 9(3) shall, subject to the supervision and control of the board, control all matters relating to the finances of the association, including the receipt of money paid to the association or to a member on behalf of the association and making disbursements on behalf of the association. (2) The treasurer shall enter, in books kept for that purpose, a true account of all sums of money received and paid out under this Act and the account shall be audited annually and submitted to the board and the association as provided by the by-laws. By-laws 12. (1) The association may make by-laws which are not inconsistent with this Act and which are necessary or desirable for the operation and governing of the association and the implementation of its objects and powers, and in particular may make by-laws respecting (a) the custody and use of the association seal; (b) the financial year of the association; (c) the conduct of association and board meetings by teleconferencing or other electronic means of communication; and (d) [Rep. by 1997 c13 s68] (e) the payment of the necessary expenses of the board and committee members in the conduct of their business. (2) The by-laws of the Newfoundland Association of Social Workers in force on the commencement of this Act continue, to the extent that they are not inconsistent with this Act, to be the by-laws governing the association until revoked or amended in the manner provided by subsection (3). (3) A by-law and an amendment or revocation of a by-law may be made at the annual general meeting, a general meeting, a special meeting or by mail ballot where (a) notice of the by-law, amendment or revocation of the by-law is given in writing to each voting member of the association at least 30 days before (i) the meeting at which the by-law, amendment or revocation of the by-law is to be made, or (ii) the return date for the mail ballot vote of a member and that return date shall be stated on the notice; and (b) a 2/3 majority of the voting members of the association vote in person, by proxy or by mail ballot in favour of the by-law, amendment or revocation. (4) A by-law, amendment or revocation of a by-law shall be proposed in writing (a) by the board, or (b) by members where signed by no fewer than 2 members of the association, and shall be presented to the secretary who shall give notice of that by-law, amendment or revocation in accordance with paragraph (3)(a). 1992 cS-18.1 s12; 1997 c13 s68 Membership 13. (1) The members of the Newfoundland Association of Social Workers on the commencement of this Act are continued as members of the association for the purpose of this Act. (2) All persons who hold a certificate of registration as a social worker or are temporarily registered under section 20 and who have paid required fees prescribed by the board are members of the association and have full voting rights. (3) The association may appoint persons to associate and other types of non-voting membership in accordance with the by-laws. 1992 cS-18.1 s13; 1997 c13 s68 Fees and forms 13.1 The board may set fees and prescribe forms for the purpose and administration of this Act. Meetings 14. The association shall hold an annual general meeting in each year and may hold other general or special meetings that are required during each year. PART II Committee of examiners 15. (1) The board shall appoint a committee of examiners consisting of 6 persons who shall be members. (2) The minister shall appoint a 7th person who is not a member to the committee of examiners. (3) The committee of examiners shall examine and report to the board upon the qualifications of candidates for registration as social workers. (4) The members of the committee of examiners shall hold office for a term determined by the board. (5) The association shall pay the expenses of persons serving on the committee of examiners. (6) Examination of persons for registration as social workers shall be held at places and times which the committee of examiners or the board directs. Registrar 16. The board shall appoint a person as registrar. Registration 17. Every person who (a) holds a bachelor, master or doctoral degree or has other, equivalent education in social work from an educational institution approved by the committee of examiners; (b) has passed examinations in subjects prescribed by the committee of examiners; (c) has completed practical field or other experience considered necessary by the committee of examiners; and (d) has paid the fees required by the association is entitled to be registered as a social worker and to practise social work in the province. Exception to s.17 18. (1) For a period of one year immediately after the commencement of this Act every person who (a) has been permanently employed as a social worker for at least 2 years immediately before the commencement of this Act; and (b) has paid the fees required by the association shall be considered to have met the registration requirements of section 17. (2) Notwithstanding subsection (1), for a period of 1 year immediately after the commencement of this Act every person who (a) is permanently employed by the government of the province to practise social work; (b) has been permanently employed by the government of the province to practise social work for at least 2 years immediately before the commencement of this Act; and (c) has paid the fees required by the association shall be considered to have met the registration requirements of section 17. Certificate of registration 19. (1) A person entitled to be registered under section 17 or 18 shall receive a certificate of registration in a form prescribed by the board. (2) A holder of a valid certificate of registration issued under subsection (1) is entitled to engage in the practice of social work in the province. (3) Every certificate of registration issued under this section expires on February 28 following the date of issue unless revoked at an earlier date. 1992 cS-18.1 s19; 1997 c13 s68 Temporary registration 20. (1) Notwithstanding sections 17, 18 and 19, a person at the time of the commencement of this Act who practises social work in the course of that employment and who (a) does not qualify for registration under section 17 or 18, (b) holds a bachelor degree from a university approved by the committee of examiners, (c) complies with continuing education and practical experience requirements prescribed in the regulations, and (d) pays the fees required by the association shall be temporarily registered for a term of 1 year and that temporary registration may be renewed annually for a total of no more than 7 years. (2) Notwithstanding sections 17, 18 and 19, an employee of the government of the province 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 sections 17 and 18, (b) is employed in a region of the province where a person registered under section 17 or 18 cannot be recruited to practise social work, (c) hold a bachelor's degree, certificate or diploma from an educational institution approved by the committee of examiners, (d) complies with continuing education and practical experience requirements prescribed in the regulations, and (e) pays the fees required by the association shall be temporarily registered for a term of 1 year and that temporary registration may be renewed annually for a total of no more than 7 years. 1992 cS-18.1 s20; 1995 c35 s2; 2001 c7 s4 Offence 21. (1) A person who attempts to obtain or obtains registration under this Act by knowingly making or producing a false or fraudulent representation or declaration either orally or in writing commits an offence. (2) A person who commits an offence under subsection (1) shall be refused registration or have his or her name struck from the register. (3) A member who knowingly assists a person in the commission of an offence under subsection (1) is subject to disciplinary action under Part IV. (4) A social worker who falsely certifies as to the nature and extent of practical experience of a student working under his or her supervision when that practical experience has not actually occurred commits an offence. Scope of practice 22. (1) Persons who comply with this Act, the regulations and the by-laws and who are holders of a certificate of registration under section 19 are 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) Persons registered under section 20 are entitled to use the title "registered social worker (temporary)" and to engage in the practice of social work as employees of the government of the province. Holding out as a social worker 23. (1) A person other than a social worker who holds a certificate of registration under section 19 or is registered under section 20 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. (2) A person who fails to comply with this section commits an offence. Offence 24. 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. Register 25. (1) The registrar, in accordance with the regulations and by-laws shall keep and maintain a register of social workers and a record of persons holding associate or other memberships. (2) The register and records kept under subsection (1) shall be available for inspection by any person, without charge, at all reasonable times. Appeal of registration denial 26. (1) A person denied registration under this Act may appeal the decision to the committee of examiners which may confirm or over-rule the decision of the registrar. (2) A person denied registration under this Act by the committee of examiners may appeal the decision to the board which may confirm or overrule that decision. Evidence 27. The register and records kept under section 25 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. Falsification of register 28. A registrar who wilfully makes a false entry or who wilfully omits making a record of membership under section 25 commits an offence under this Act. No action against association 29. An action shall not lie against the association, the board, the committee of examiners, the discipline committee or a member or officer of them for proceedings taken in good faith or orders made or enforced under the provisions of this Act, the by-laws or the regulations. Liability of members is limited 30. A member of the association shall not be personally liable for a debt of the association beyond the amount of the unpaid dues or subscription of that member but all real or personal property of the association shall be liable for the payment of the debts of the association. Notices 31. (1) Service of all notices and documents or copies of notices or documents required for the purpose of this Act may be made by personal service upon the person to be served or by registered mail to the person to be served at his or her last known postal address. (2) Personal service of notices, documents and copies under subsection (1) may be proved by a statement under oath, written or oral, of the person who made the service. (3) Service of notices, documents, and copies under subsection (1) by mail may be proved, in the absence of evidence to the contrary, by production of the receipt for that mailing from the Canada Post Office. Complaints 32. (1) A complaint regarding the conduct of an investigated person shall be made to the registrar and that complaint shall be dealt with in accordance with this Part, the regulations and the by-laws. (2) A complaint respecting the conduct of an investigated person whose registration has been revoked or suspended may be dealt with as if the revocation or suspension had not occurred. (3) Notwithstanding section 35, the board may designate a person as a mediator to assist in settling a complaint if the complainant and the person about whose conduct the complaint was made agree, but if within 60 days from the date of receipt of the complaint or a longer period agreed to by the parties, a settlement of the complaint between the parties does not occur, or in the mediator's opinion is not likely to occur, the complaint shall be referred immediately by the registrar to the discipline committee. Determination of unprofessional conduct 33. (1) Conduct of a social worker that in the opinion of the discipline committee (a) is detrimental to the best interests of the public; (b) contravenes a code of ethics of the profession of social work as established under the regulations; (c) harms or tends to harm the standing of social workers generally; or (d) displays a lack of knowledge, skill or judgment in the practice of social work or in the carrying out of a duty or obligation undertaken in the practice of social work constitutes either unskilled practice of social work or unprofessional conduct, whichever the discipline committee finds. (2) Where an investigated person contravenes this Act, the regulations or the by-laws, and that contravention is, in the opinion of the discipline committee, of a serious nature, the contravention may be found by the discipline committee to be unprofessional conduct whether or not that would be so found under subsection (1). Discipline committee 34. The board shall establish a discipline committee of members appointed in accordance with the regulations. Preliminary investigation 35. The discipline committee shall immediately upon the receipt of a complaint appoint a person who is not serving on the discipline committee to conduct a preliminary investigation of the complaint. Notice 36. The registrar of the association shall immediately send a notice in writing to the investigated person that a preliminary investigation is being conducted. Evidence 37. (1) A person conducting a preliminary investigation may (a) require the investigated person to produce reports, books, papers or other documents or records in the investigated person's possession or under his or her control; and (b) keep copies for the purpose of this Part of the documents or records that are produced. (2) A person conducting a preliminary investigation into the conduct of an investigated person shall report to the discipline committee on all matters regarding the professional conduct of that person that arise in the course of the investigation. Report to the discipline committee 38. The person conducting a preliminary investigation shall, on concluding the preliminary investigation, report his or her findings to the discipline committee. Termination of the investigation 39. (1) The discipline committee may terminate the investigation at any time if it is of the opinion that (a) the complaint is frivolous or vexatious; (b) there is insufficient evidence of unskilled practice of social work; or (c) there is insufficient evidence of unprofessional conduct. (2) On terminating an investigation, the discipline committee shall direct the registrar to serve on the investigated person and on the complainant a notice of that termination in accordance with the regulations. (3) A complainant who is served with a notice of termination under subsection (2) may appeal that decision to the board. (4) On an appeal under subsection (3), the board shall determine whether the complaint should be referred to the discipline committee for a hearing in accordance with section 40, and shall notify the complainant, the investigated person and the discipline committee in writing of its decision. Hearing by discipline committee 40. (1) Where the investigation is not terminated under section 40, and following receipt of a report under section 38 or a referral under subsection 39(4), the discipline committee shall immediately hold a hearing into the complaint. (2) There shall be served on the investigated person and on the complainant a notice of hearing, stating the date, time and place at which the discipline committee will hold the hearing, and giving reasonable particulars of the conduct or complaint which has led to the hearing. (3) The discipline committee shall after conducting a hearing referred to in subsection (2), report in writing to the board its findings, recommendations and reasons for its findings and recommendations. Further investigation 41. (1) The discipline committee may also investigate and hear another matter concerning the professional conduct of the investigated person that arises during the hearing, but in that event the discipline committee shall declare its intention to investigate and hear the further matter and shall permit the person sufficient opportunity to prepare an answer. (2) Notwithstanding subsection (1), if proceedings in respect of the same circumstances or events are started against the investigated person in a court, the discipline committee may adjourn the hearing. (3) Sections 43 to 47 apply to an investigation and hearing of a further matter under subsection (1). Suspension 42. (1) Notwithstanding section 46, (a) the board may suspend the registration of an investigated person after a preliminary investigation or pending a decision of the board; and (b) where the board is of the opinion that a social worker may constitute a danger to the public by continuing to practise the profession of social work, the board may, in order to protect the public, suspend the registration of that social worker. (2) Where the registration of a social worker has been suspended under subsection (1), within 14 days a hearing shall be held under section 40. Right to counsel and appearance 43. The association, the investigated person and the complainant may appear and be represented by counsel at a hearing before the discipline committee. Proceedings in private 44. (1) All proceedings under this Part shall be held in private unless a public hearing is requested by the investigated person. (2) Notwithstanding subsection (1), (a) where the complainant is a minor, proceedings shall be held in private; or (b) where the discipline committee considers it advisable it may order that proceedings shall be held in private. Public Inquiries Act 45. For the purpose of this Part, the board, the discipline committee and each member of the board or the discipline committee has the powers that are or may be conferred on a commissioner under the Public Inquiries Act. Powers of the board 46. Where, after receipt of a report of the discipline committee under section 40, it is determined by the board that the conduct of the investigated person constitutes unprofessional conduct or unskilled practice of social work or both, the board may (a) reprimand the investigated person; (b) suspend the registration of the investigated person for a specified period; (c) suspend the registration of the investigated person until (i) the person has completed a specified course of studies or obtained supervised practical experience, or (ii) the board is satisfied as to the competence of the investigated person; (d) impose upon the investigated person a fine not to exceed a sum fixed by the regulations; (e) impose conditions on the manner in which the investigated person carries on the practice of social work, including a requirement that the investigated person practise social work only under the direction of another member; (f) direct the investigated person to pass a course of study or satisfy the board of his or her practical competence; (g) direct the investigated person to waive, reduce or repay a fee for services rendered by the investigated person that, in the opinion of the board were improperly rendered; (h) cancel the registration of the investigated person; and (i) make another order that the board considers appropriate in the circumstances. Order to pay expenses 47. (1) The board may, in addition to dealing with the investigated person under section 46, order that the investigated person pay the reasonable expenses of the association arising out of the hearing in accordance with the regulations and in the time fixed by the order. (2) Where the investigated person was ordered to pay the expenses under subsection (1) and he or she fails to pay in the time ordered, the board may suspend the registration of that person until the expenses are paid. (3) Expenses ordered to be paid to the association under this section are a debt due to the association and may be recovered by a civil action. Suspension or cancellation pending appeal 48. Where an appeal is brought under this Part, the board may grant a stay of its order until the time that the decision of the board is reviewed by the Trial Division. Appeal to Trial Division 49. (1) An investigated person affected by a decision under this Part may appeal to the Trial Division on a question of law. (2) An appeal under this section shall be started (a) by filing a notice of appeal with the Registrar of the Supreme Court; and (b) by serving a copy of the notice on the registrar, within 30 days from the date the decision of the board is served on the investigated person. (3) An appeal shall be supported by copies, certified by the secretary, of the decision of the board and the record of the hearing of the discipline committee. (4) The secretary shall furnish the documents mentioned in subsection (3) on being requested to do so. Trial Division 50. (1) The Trial Division on hearing the appeal may (a) quash the order or decision of the board or a part of it; (b) confirm the order or decision of the board or a part of it; or (c) refer the matter back to the board for further consideration. (2) The Trial Division may make an award as to the costs of an appeal that it considers appropriate. Fraudulent registration 51. Where the board is satisfied, after considering a report received under section 40 that states that a person's registration was entered in the register by means of a false or fraudulent representation or declaration, oral or written, the board shall order that the registration be cancelled. Surrender of permit 52. (1) Where the registration of a social worker has been cancelled or suspended under this Part, he or she shall immediately surrender to the registrar the certificate of registration held by him or her. (2) Where the registration of a social worker has been cancelled under this Part, the registration shall only be reinstated in the register by an order of the board. Misrepresentation of status 53. It is unprofessional conduct for a person who was registered as a social worker to represent that he or she is registered and in good standing while his or her registration is suspended or cancelled, and that conduct may be dealt with under this Part. Penalties 54. (1) A person who commits an offence under this Act, the regulations or by-laws is liable on summary conviction (a) for a 1st offence, to a fine of not more than $2,000 or to imprisonment of not more than 3 months or to both a fine and imprisonment; and (b) for a subsequent offence, to a fine of not more than $5,000 or to imprisonment of not more than 6 months or to both a fine and imprisonment. (2) A prosecution under this section shall be commenced within 2 years after the commission of the alleged offence. Fines 55. All fines imposed under this Act by the board shall be paid over to the association. PART VI Registration continued 56. An application for registration made but not concluded before the commencement of this Act may be dealt with in accordance with the Social Workers Registration Act as if that Act were still in force. RSN 1990 c.S-18 Rep. 57. The Social Workers Registration Act is repealed. Commencement 58. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Sept. 1/93) ŠEarl G. Tucker, Queen's Printer |