25

 

 

First Session, 51st General Assembly

5 Charles III, 2026

BILL 25

AN ACT TO AMEND THE SOCIAL WORKERS ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE JOEDY WALL

Minister of Health and Community Services

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Social Workers Act to

ˇ         add a definition of audio-visual technology;

ˇ         clarify that the Act does not apply to a social work student who is completing a field placement under the supervision and direction of a social worker;

ˇ         authorize members of the Newfoundland and Labrador College of Social Workers to participate in meetings of the college by audio-visual technology where all members consent and where it is not prohibited in the by-laws;

ˇ         authorize the board of the Newfoundland and Labrador College of Social Workers to appoint an auditor to audit the accounts of the Newfoundland and Labrador College of Social Workers;

ˇ         authorize the board of the Newfoundland and Labrador College of Social Workers to make by-laws respecting participation of members at meetings of the college and the board by audio-visual technology;

ˇ         remove the authority of the board of the Newfoundland and Labrador College of Social Workers to make by-laws respecting the awarding of honorary memberships in the college;

ˇ         authorize the board of the Newfoundland and Labrador College of Social Workers, with the approval of the minister, to establish, by regulation, different categories of registration and the requirements, terms, conditions and restrictions that apply to registration and renewal of registration in each category;

ˇ         add regulation making authority; and

ˇ         incorporate gender-neutral language.

A BILL

AN ACT TO AMEND THE SOCIAL WORKERS ACT

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.3 Amdt.
Application of Act

        3.   S.7 Amdt.
College membership

        4.   S.8 Amdt.
College meetings

        5.   S.10 Amdt.
Composition of board

        6.   S.12 Amdt.
Appointment by minister

        7.   S.13 Amdt.
Administration

        8.   S.14 Amdt.
Register

        9.   S.17 Amdt.
By-laws

      10.   S.18 Amdt.
Registration

      11.   S.21 Amdt.
Right to practice

      12.   S.24 Amdt.
Complaints and disciplinary panel

      13.   S.25 Amdt.
Allegation

      14.   S.26 Amdt.
Effect of filing allegation

      15.   S.27 Amdt.
Complaints authorization committee

      16.   S.29 Amdt.
Hearing

      17.   S.31 Amdt.
Guilty plea by respondent

      18.   S.32 Amdt.
Powers of adjudication tribunal

      19.   S.34 R&S
De-registration and suspension

      20.   S.36 Amdt.
Re-hearing

      21.   S.39.3 Amdt.
Assessment

      22.   S.39.4 Amdt.
Report and compliance

      23.   S.42 Amdt.
Regulations

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2010 cS-17.2
as amended

        1. Section 2 of the Social Workers Act is amended by renumbering paragraph (a) as (a.1) and adding immediately before that paragraph the following:

             (a)  "audio-visual technology" means technology that allows persons who are not in the physical presence of one another to see, hear and communicate with each other at all times;

 

        2. Paragraph 3(1)(a) of the Act is repealed and the following substituted:

             (a)  a student completing a field placement who is supervised by and under the direction of a social worker; or

 

        3. Subsection 7(5) of the Act is repealed and the following substituted:

             (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 audio-visual technology.

 

        4. Subsection 8(2) of the Act is repealed and the following substituted:

             (2)  At the annual general meeting,

             (a)  an auditor shall be appointed by the board to audit the accounts of the college and to report on the financial statements of the college; and

             (b)  the college shall consider and vote on those other matters required by the by-laws.

 

        5. (1) Subsection 10(2) of the Act is amended by deleting the words "the members" and substituting the words "social workers".

             (2)  Subsection 10(6) of the Act is amended by deleting the words "his or her office".

             (3)  Subsection 10(7) of the Act is amended by deleting the words "his or her" and substituting the words "the elected member's".

 

        6. (1) Subsection 12(3) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

             (2)  Subsection 12(4) of the Act is amended by deleting the words "he or she" and substituting the words "the appointed member".

             (3)  Subsection 12(6) of the Act is amended by deleting the words "his or her appointment".

             (4)  Subsection 12(7) of the Act is amended by

             (a)  deleting the words "his or her" and substituting the words "the person's"; and

             (b)  deleting the words "him or her" and substituting the words "the person".

 

        7. (1) Subsection 13(2) of the Act is amended by deleting the words "his or her" and substituting the words "the registrar's".

             (2)  Paragraph 13(3)(e) of the Act is amended by deleting the words "him or her" and substituting the words "the registrar". 

 

        8. Subsection 14(1) of the Act is amended by deleting the words "he or she" and substituting the words "the registrar".

 

        9. (1) 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 audio-visual technology;

             (2)  Section 17 of the Act is amended by

             (a)  adding the word "and" at the end of paragraph (m);

             (b)  deleting the semi-colon and the word "and" at the end of paragraph (n) and substituting a period; and

             (c)  repealing paragraph (o).

 

      10. Section 18 of the Act is amended by adding immediately after subsection (5) the following:

             (6)  The board may establish, by regulation,

             (a)  different categories of registration; and

             (b)  the requirements, terms, conditions and restrictions that apply to registration and renewal of registration in each category.

 

      11. Paragraph 21(3)(a) of the Act is repealed and the following substituted:

             (a)  represent to be engaged in the practice of social work, or act in a manner that expressly or otherwise might lead to the belief that the person is entitled to engage in the practice of social work;

 

      12. Subsection 24(6) of the Act is repealed and the following substituted:

             (6)  Where the term of office of a member of the disciplinary panel expires, the member continues to be a member of the disciplinary panel until reappointed or replaced.

 

      13. Subsection 25(1) of the Act is amended by deleting the words "his or her" and substituting the words "the complainant's".

 

      14. Subsection 26(2) of the Act is amended by deleting the words "he or she" and substituting the words "the registrar".

 

      15. (1) Subparagraph 27(5)(a)(i) of the Act is amended by deleting the words "he or she" and substituting the words "that the person".

             (2)  Subsection 27(7) of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the social worker or other person"; and

             (b)  deleting the words "of him or her".

 

      16. Subsection 29(2) of the Act is amended by deleting the words "his or her".

 

      17. Subsection 31(2) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

 

      18. Subsection 32(3) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the respondent's".

 

      19. Section 34 of the Act is repealed and the following substituted:

 

De-registration and suspension

      34. (1) Where a respondent is allowed or directed to surrender the respondent's certificate, the respondent's rights and privileges as a social worker cease.

             (2)  Where a respondent is suspended, the respondent's 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 the respondent's practice, the respondent's rights and privileges as a social worker shall be limited to the extent specified by the conditions or restrictions.

 

      20. Paragraph 36(1)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the respondent's".

 

      21. (1) Paragraph 39.3(2)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the social worker's".

             (2)  Subsection 39.3(7) of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the person"; and

             (b)  deleting the words "of him or her".

 

      22. Subsection 39.4(1) of the Act is amended by

             (a)  deleting the words "his or her" and substituting the words "the assessor's"; and

             (b)  deleting the words "him or her" and substituting the words "the social worker".

 

      23. (1) Subsection 42(1) of the Act is amended by adding immediately after paragraph (a) the following:

         (a.1)  establishing different categories of registration and the requirements, terms, conditions and restrictions that apply to registration and renewal of registration in each category;

             (2)  Subsection 42(1) of the Act is amended by deleting the word "and" at the end of subparagraph (g)(vii) and by adding immediately after paragraph (g) the following:

          (g.1)  defining a word or phrase used but not defined in this Act; and

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