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First
Session, 49th General Assembly 69 Elizabeth II, 2020 |
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AN ACT TO AMEND THE
SOCIAL WORKERS ACT |
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Received and Read the First Time................................................................ |
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Second
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Committee..................................................................................................... |
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Third
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Royal Assent................................................................................................. |
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HONOURABLE JOHN HAGGIE Minister of Health and Community Services |
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Ordered to be printed by
the Honourable House of Assembly |
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EXPLANATORY NOTES This Bill would amend the Social Workers Act to · change the name of the Newfoundland and Labrador Association of Social Workers to the Newfoundland and Labrador College of Social Workers; · update the terminology used to describe the executive members of the board of directors; and · clarify the roles and responsibilities of the board of directors and the college. A BILL AN ACT TO AMEND THE SOCIAL WORKERS ACT Analysis 1.
S.2 Amdt. 2.
PART I Amdt. 3. S.4 R&S College 4.
S.5 Amdt. 5. S.6 R&S College officers 6. S.7 R&S College membership 7. S.8 R&S College meetings 8. S.9 R&S Board 9. S.10 R&S Composition of board 10. S.11 Amdt. Committees of the board 11.
S.12 Amdt. 12.
S.13 Amdt. 13.
S.14 Amdt. 14.
S.15 Amdt. 15. S.16 Amdt. Annual report 16.
S.17 Amdt. 17.
S.19 Amdt. 18.
S.20 Amdt. 19.
S.23 Amdt. 20.
S.24 Amdt. 21.
S.27 Amdt. 22.
S.29 Amdt. 23.
S.31 Amdt. 24.
S.32 Amdt. 25.
S.35 Amdt. 26.
S.36 Amdt. 27. S.37 R&S Costs of college 28.
S.38 Amdt. 29. S.39 R&S Appeal to Supreme Court 30.
S.39.5 Amdt. 31. S. 40 R&S Protection from liability 32. Transitional 33. NLR 21/18 Amdt. 34. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: SNL2010 cS-17.2 1. (1) Paragraphs 2(a) and (b) of the Social Workers Act are repealed and the following substituted: (a) "board" means the board of directors of the college referred to in section 10; (b) "college" means the Newfoundland and Labrador College of Social Workers continued by this Act; (2) Paragraph 2(f) of the Act is repealed and the following substituted: (f) "social work" means the assessment, remediation and prevention of psycho-social problems and the enhancement of the social, psycho-social functioning and well being of individuals, families, groups and communities by using social work knowledge, theory and skills to (i) provide direct
counselling and therapy services to a client, (ii) develop, implement,
manage or deliver human service programs, including those done in collaboration
with other professions, (iii) contribute to the
development and advancement of health and social policy, and (iv) conduct research in
the science, technique and practice of social work. 2. The Act is amended by repealing the heading "PART I ASSOCIATION" and substituting the following: PART I 3. Section 4 of the Act is repealed and the following substituted: College 4. (1) The Newfoundland and Labrador Association of Social Workers is continued under the name the Newfoundland and Labrador College of Social Workers as a corporation without share capital for the purposes of Part XXI of the Corporations Act. (2) The abbreviated form of the name of the college shall be "N.L.C.S.W.". 4. Section 5 of the Act is amended by deleting the word "association" wherever it appears and substituting the word "college". 5. Section 6 of the Act is repealed and the following substituted: College officers 6. (1) The chairperson of the board shall be the chairperson of the college and shall preside at meetings of the college. (2) The vice-chairperson shall, in the absence of the chairperson, preside at meetings of the college. (3) The vice-chairperson
shall become the chairperson of the college when the chairperson leaves office. (4) Where the vice-chairperson, for any reason, does not assume the position of chairperson under subsection (3), a chairperson shall be selected as provided for in the by-laws. 6. Section 7 of the Act is repealed and the following substituted: College membership 7. (1) The members of the Newfoundland and Labrador Association of Social Workers on the commencement of this Act are continued as members of the college for the purpose of this Act. (2) A person who holds a
certificate of registration as a social worker or is temporarily registered
under this Act and who has paid the required fees prescribed by the board is a
member of the college and has full voting rights. (3) The college may
appoint persons to associate and other types of non-voting membership in
accordance with the by-laws. (4) At meetings of the
college, each member of the college shall have one vote and in the case of a
tie, the chairperson or, in the absence of the chairperson, the vice-chairperson,
shall have a second or casting vote. (5) Except where
prohibited in the by-laws, a member of the college may, where all the members
of the college consent, participate in a meeting of the college by means of the
telephone or other telecommunication device that permits all persons
participating in the meeting to communicate with each other. 7. Section 8 of the Act is repealed and the following substituted: College meetings 8. (1) The college shall hold an annual general meeting in each year to which all members of the college shall be invited, and may hold other general or special meetings that are required during each year. (2) At its annual
general meeting the college shall (a) appoint an auditor
to audit the accounts of the college and to report on the financial statements
of the college; and (b) consider and vote on
those other matters required by the by-laws. 8. Section 9 of the Act is repealed and the following substituted: Board 9. (1) The board of directors of the Newfoundland and Labrador Association of Social Workers is continued as the board of directors of the college. (2) The college shall be governed by the board of directors. (3) The board shall
manage and conduct the business and affairs and exercise the powers of the
college for and on behalf of the college. 9. Section 10 of the Act is repealed and the following substituted: Composition of board 10. (1) The board shall consist of (a) 10 persons elected from and by social workers
in accordance with the by-laws; and (b) 4 persons appointed
by the minister under section 12. (2) The persons referred
to in paragraph (1)(a) shall be elected by a majority vote of the members in
accordance with the by-laws. (3) The chairperson and the vice-chairperson of the board shall be selected in accordance with the by-laws. (4) The board shall hold
office in the manner and for the time provided for in the by-laws. (5) A member may be
elected for a term set by the by-laws which shall not exceed 3 years and is
eligible to be re-elected, but shall not serve as a member for more than 9 consecutive
years. (6) An elected member
may resign his or her office by written notice to the board. (7) Where an elected
member resigns, dies or becomes incapable of performing his or her duties, the
remaining members shall appoint a replacement to serve until the expiry of the
term of that elected member. (8) Where the term of
office of a member of the board expires and a successor has not been elected or
appointed, the member may continue to hold office until a successor is elected
or appointed but time served by that member under this subsection shall not be
counted for the purpose of subsection (5). (9) Elected members
shall serve without payment for their services, but their travel and other
expenses associated with their duties as members may be paid by the board, in
accordance with the by-laws. (10) A quorum of the board
is 8 members, of whom one shall be an appointed member. (11) At meetings of the board,
each member shall have one vote and in the case of a tie, the chairperson, or
in the absence of the chairperson, the vice-chairperson shall have a second or
casting vote. (12) The board may
determine its own procedure in the by-laws. 10. Subsection 11(1) of the Act is repealed and the following substituted: Committees of the board 11. (1) The board may appoint committees to carry out the duties
and functions directed by the board. 11. (1) Subsection 12(1) of the Act is amended by deleting the word "association" and substituting the word "college". (2) Subsection 12(6) of the Act is amended by deleting the word "president" and substituting the word "chairperson". 12. (1) Subsection 13(2) of the Act is amended by deleting the word "board" and substituting the word "college". (2) Paragraph 13(3)(b) of the Act is amended by deleting the word "board" and substituting the word "college". 13. Subsection 14(2) of the Act is amended by deleting the word "board" and substituting the word "college". 14. Subsection 15(2) of the Act is amended by deleting the word "board" and substituting the word "college". 15. (1) Subsection 16(1) of the Act is repealed and the following substituted: Annual report 16. (1) The college shall prepare and submit to the minister not later than 6 months after the end of the financial year a report on the activities of the college in the previous year which shall contain the college's audited financial statements for that financial year. (2) Subsection 16(3) of the Act is amended by deleting the word "board" and substituting the word "college". (3) Subsection 16(4) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "college". 16. (1) Section 17 of the Act is amended by adding immediately after paragraph (d) the following: (d.1) the selection of the chairperson and vice-chairperson of the board; (2) Paragraph 17(k) of the Act is repealed and the following substituted: (k) the participation of members at a meeting of the college or the board by telephone or other telecommunications device under section 7; (3) Paragraph 17(o) of the Act is amended by deleting the word "association" and substituting the word "college". 17. Paragraph 19(f) of the Act is amended by deleting the word "association" and substituting the word "board". 18. Subsection 20(3) of the Act is amended by
deleting the words "Trial Division" and substituting the words
"Supreme Court". 19. Paragraph 23(d) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "college". 20. Subsection 24(8) of the Act is amended by deleting the word "board" and substituting the word "college". 21. Subsection 27(8) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 22. Subsection 29(2) of the Act is amended by deleting the word "board" and substituting the word "college". 23. (1) Paragraph 31(2)(d) of the Act is amended by deleting the word "board" and substituting the word "college". (2) Paragraph 31(2)(e) of the Act is amended by deleting the word "board" and substituting the word "college". (3) Subsection 31(3) of the Act is amended by deleting the word "board" and substituting the word "college". 24. (1) Paragraph 32(2)(a) of the Act is amended by deleting the word "board" and substituting the word "college". (2) Paragraph 32(3)(d) of the Act is amended by deleting the word "board" and substituting the word "college". (3) Paragraph 32(3)(e) of the Act is amended by deleting the word "board" and substituting the word "college". (4) Subsection 32(4) of the Act is amended by deleting the word "board" and substituting the word "college". 25. Section 35 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "college". 26. Subsection 36(4) of the Act is amended by deleting the word "board" and substituting the word "college". 27. Section 37 of the Act is repealed and the following substituted: Costs of college 37. (1) Where a person who was ordered to pay the costs of the
college under paragraph 31(2)(e) or 32(3)(e) fails to pay in the time required,
the board may suspend the registration of that person until the costs are paid. (2) Costs ordered to be paid to the college under paragraph 31(2)(e) or 32(3)(e) are a debt due the college and may be recovered by a civil action. 28. (1) Subsection 38(1) of the Act is repealed and the following substituted: Collection of fine 38. (1) Where an order is made under section 31 or 32 imposing a
fine on a respondent, the college may issue a certificate stating the amount of
the fine due and remaining unpaid and the name of the person by whom it is
payable, and file the certificate with the Supreme Court. (2) Subsection 38(2) of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court". (3) Subsection 38(3) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 29. Section 39 of the Act is repealed and the following substituted: Appeal to Supreme Court 39. (1) The college or the respondent may, within 30 days after receiving notice of the decision or order of an adjudication tribunal under this Act, appeal the decision or order to the Supreme Court by filing a notice of appeal with the court. (2) An
appeal under this section does not stay the decision or order being appealed
unless the Supreme Court orders otherwise. 30. Section 39.5 of the Act is amended by deleting the word "association" and substituting the word "college". 31. Section 40 of the Act is repealed and the following substituted: Protection from liability 40. An action for damages does not lie against the registrar, an officer, employee or agent of the board or the college, a member of a committee of the board or the college, a member of a disciplinary panel, adjudication tribunal or the individual members of those bodies, or a person appointed by the complaints authorization committee to conduct an investigation for an act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations authorized under this Act or for a decision or order made or enforced in good faith under this Act. Transitional 32. (1) Members of the board of directors of the Newfoundland and Labrador Association of Social Workers holding office immediately before the coming into force of this Act shall continue to be members of the board. (2) A person who is the president immediately before the coming into force of this Act shall be the chairperson until his or her term expires. (3) A person who is the president-elect immediately before the coming into force of this Act shall be the vice-chairperson until his or her term expires. NLR 21/18 Amdt. 33. (1) Section 8 of the Social Workers Regulations published under the Social Workers Act is amended by deleting the word "association" wherever it appears and substituting the word "college". (2) Subsection 11(2) of the Regulations is amended by deleting the word "board" and substituting the word "college". Commencement 34. This Act comes into force on September 30, 2020. ©Queen's Printer |