[36] Bill 76 Original (PDF)
B076_E
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Bill 76 1998
An Act to Establish the Ontario College of Social Workers and Social Service Workers
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
CONTENTS
1.
Definitions
1.
Définitions
PART I
COLLEGE
PARTIE I
ORDRE
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
College established
Duty to protect public interest
Council
Term of office
Qualifications to vote
Quorum
Meetings open to public
Employees and officers
Annual report
Minister's powers and duties
Annual meeting of members
Membership in College
Committees of Council
Other committees
Vacancies in committees
Delegation of Council's powers
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Création de l'Ordre
Obligation de protéger l'intérêt public
Conseil
Mandat
Habilité à voter
Quorum
Caractère public des réunions
Employés et dirigeants
Rapport annuel
Pouvoirs et fonctions du ministre
Assemblée annuelle des membres
Qualité de membre de l'Ordre
Comités du conseil
Autres comités
Vacances au sein des comités
Délégation des pouvoirs du conseil
PART II
REGISTRATION
PARTIE II
INSCRIPTION
18.
19.
20.
21.
22.
23.
Approval of application for registration
Disclosure of application file
Notice of proposal to refuse to issue, etc.
Duties of Registration Appeals Committee
Register
Suspension: failure to pay fees, provide information
18.
19.
20.
21.
22.
23.
Approbation d'une demande d'inscription
Communication des documents relatifs à la demande
Avis d'intention de refuser un certificat
Fonctions du comité d'appel des
inscriptions
Tableau
Suspension : défaut de paiement de droits, défaut de fournir des renseignements
PART III
COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE
PARTIE III
COMITÉ DES PLAINTES, COMITÉ DE DISCIPLINE ET COMITÉ D'APTITUDE PROFESSIONNELLE
24.
25.
26.
27.
28.
Duties of Complaints Committee
Reference by Council or Executive
Committee
Duties of Discipline Committee
Duties of Fitness to Practise Committee
Procedure on hearings
24.
25.
26.
27.
28.
Fonctions du comité des plaintes
Renvoi par le conseil ou le bureau
Fonctions du comité de discipline
Fonctions du comité d'aptitude
professionnelle
Procédure
PART IV
REINSTATEMENT AND VARIATION
PARTIE IV
REMISE EN VIGUEUR ET MODIFICATION
29.
30.
Reinstatement after disciplinary proceedings
Reinstatement: no hearing
29.
30.
Remise en vigueur après une instance
disciplinaire
Remise en vigueur : aucune audience
PART V
APPEALS TO COURT
PARTIE V
APPELS
31.
Appeal to court
31.
Appel
PART VI
REGISTRAR'S POWERS OF
INVESTIGATION
PARTIE VI
POUVOIRS D'ENQUÊTE DU REGISTRATEUR
32.
33.
34.
35.
Registrar's investigation
Entries and searches
Copying of documents and objects
Report of investigation
32.
33.
34.
35.
Enquête du registrateur
Perquisitions
Reproduction de documents et d'objets
Rapport d'enquête
PART VII
REGULATIONS AND BY-LAWS
PARTIE VII
RÈGLEMENTS ET RÈGLEMENTS ADMINISTRATIFS
36.
37.
38.
39.
40.
Regulations of College, subject to approval
By-laws
Regulations by L. G. in C.
Regulations and by-laws: general or specific
Copies of regulations, by-laws
36.
37.
38.
39.
40.
Règlements de l'Ordre sous réserve
d'approbation
Règlements administratifs
Règlements pris par le lieutenant-gou-
verneur en conseil
Portée des règlements et des règlements administratifs
Copies des règlements et des règlements administratifs
PART VIII
REPORTS TO COLLEGE CONCERNING MEMBERS' CONDUCT
PARTIE VIII
RAPPORTS À L'ORDRE CONCERNANT LA CONDUITE DES MEMBRES
41.
42.
43.
44.
45.
Employer's report, termination for
misconduct, etc.
Employer's report, member convicted of offence
Member's report, sexual abuse by another member
Time for filing report
No proceeding against person reporting
41.
42.
43.
44.
45.
Rapport de l'employeur : congédiement pour inconduite
Rapport de l'employeur : membre déclaré coupable d'une infraction
Rapport du membre : allégation de mauvais traitements d'ordre sexuel par un autre
membre
Délai de dépôt du rapport
Immunité touchant les rapports
PART IX
MISCELLANEOUS
PARTIE IX
DISPOSITIONS DIVERSES
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
Use of title, social worker
Use of title, social service worker
Right to use French
Immunity of College
Confidentiality
Service of notice or document
Registrar's certificate as evidence
Statutory Powers Procedure Act
Compliance order
Offence, use of title
Review by Minister
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
Emploi du titre de travailleur social
Emploi du titre de technicien en travail social
Droit d'utilisation du français
Immunité de l'Ordre
Secret professionnel
Signification
Preuve
Loi sur l'exercice des compétences légales
Ordonnance enjoignant de se conformer
Infraction : emploi du titre
Examen par le ministre
PART X
TRANSITIONAL PROVISIONS,
COMMENCEMENT AND SHORT TITLE
PARTIE X
DISPOSITIONS TRANSITOIRES, ENTRÉE EN VIGUEUR ET TITRE ABRÉGÉ
57.
58.
59.
60.
61.
62.
63.
64.
65.
Appointment of transitional Council
Committees of transitional Council
Initial certificate
Revoke certificate
First election of Council
First annual meeting of members
Certificate without academic credentials
Commencement
Short title
57.
58.
59.
60.
61.
62.
63.
64.
65.
Nomination d'un conseil transitoire
Comités du conseil transitoire
Certificat initial
Révocation du certificat
Première élection du conseil
Première assemblée annuelle des membres
Certificat sans titres
Entrée en vigueur
Titre abrégé
Definitions
1. In this Act,
"
by-laws" means the by-laws made under this Act; ("règlements administratifs")
"
College" means the Ontario College of Social Workers and Social Service Workers; ("Ordre")
"
Council" means the Council of the College, elected and appointed under section 4; ("conseil")
"
Minister" means the Minister of Community and Social Services; ("ministre")
"
regulations" means the regulations made under this Act. ("règlements")
PART I
COLLEGE
College established
2. (1) The Ontario College of Social Workers and Social Service Workers is established.
Body corporate
(2) The College is a body corporate without share capital and with all the powers of a natural person.
Non-application of certain Acts
(3) The Corporations Act and Corporations Information Act do not apply to the College.
Duty to protect public interest
3. (1) In carrying out its objects, the College's primary duty is to serve and protect the public interest.
Objects
(2) The College has the following objects:
1. To regulate the practice of social work and the practice of social service work and to govern its members.
2. To develop, establish and maintain qualifications for membership in the College.
3. To approve professional education programs offered by educational institutions for the purpose of applications for membership in the College.
4. To approve ongoing education programs for the purpose of continuing education for members of the College.
5. To provide for the ongoing education of members of the College.
6. To issue certificates of registration to members of the College and to renew, amend, suspend, cancel, revoke and reinstate those certificates.
7. To establish and enforce professional standards and ethical standards applicable to members of the College.
8. To receive and investigate complaints against members of the College and to deal with issues of discipline, professional misconduct, incompetency and incapacity.
9. To promote high standards and quality assurance with respect to social work and social service work and to communicate with the public on behalf of the members.
10. To perform the additional functions prescribed by the regulations.
Council
4. (1) The College shall have a Council that shall be its governing body and board of directors and that shall manage and administer its affairs.
Composition of Council
(2) The Council shall be composed of,
(a) seven social workers who are members of the College and who are elected by the members of the College in accordance with the by-laws;
(b) seven social service workers who are members of the College and who are elected by the members of the College in accordance with the by-laws; and
(c) seven persons who are appointed by the Lieutenant Governor in Council.
Role of Registrar
(3) The Registrar shall serve as secretary to the Council and has all the rights of participation at meetings of the Council that a Council member has, other than the right to vote.
Expenses and remuneration
(4) The Minister shall pay to Council members appointed by the Lieutenant Governor in Council the expenses and remuneration determined by the Lieutenant Governor in Council.
Term of office
5. (1) No term of an elected Council member shall exceed three years.
Multiple terms
(2) A person may be a Council member for more than one term but no person may be a Council member for more than 10 consecutive years.
Qualifications to vote
6. (1) Subject to the by-laws, every member of the College who is in good standing is entitled to vote at an election of members of the Council.
Member in good standing
(2) A member of the College is in good standing for the purposes of this section if,
(a) the member is not in default of payment of a membership fee prescribed by the by-laws; and
(b) the member's certificate of registration is not suspended.
Quorum
7. A majority of the members of Council constitute a quorum.
Meetings open to public
8. (1) Subject to subsections (2) and (3), the meetings of the Council shall be open to the public and reasonable notice shall be given to the members of the College and to the public.
Exceptions
(2) The Council may exclude the public, including members of the College, from a meeting or any part of a meeting if it is satisfied that,
(a) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the meetings be open to the public;
(b) a person involved in a civil or criminal proceeding may be prejudiced;
(c) the safety of a person may be jeopardized;
(d) personnel matters or property transactions will be discussed; or
(e) litigation affecting the College will be discussed or instructions will be given to or opinions received from solicitors for the College.
Same
(3) The Council may also exclude the public, including members of the College, from a meeting or any part of a meeting in which it will deliberate whether to exclude the public from a meeting or part of a meeting.
Employees and officers
9. (1) The Council may employ the persons it considers advisable and shall have the officers provided for by the by-laws.
Registrar appointed
(2) The Council shall appoint one of its employees as the Registrar.
Deputy registrars
(3) The Council may appoint one or more deputy registrars who shall have the powers of the Registrar as set out in the by-laws.
Chief executive officer
(4) The Registrar shall be the chief executive officer of the College.
Annual report
10. (1) The Council shall report annually to the Minister on the activities and financial affairs of the College.
Same
(2) The report shall include an audited financial statement.
Minister's powers and duties
11. (1) The Minister may,
(a) review the activities of the Council and require the Council to provide reports and information;
(b) require the Council to do anything that the Minister believes is necessary or advisable to carry out the objects of the College;
(c) require the Council to make, amend or revoke a regulation under section 36.
Council to comply
(2) If the Minister requires the Council to do anything under subsection (1), the Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report to the Minister respecting the compliance.
Regulations
(3) If the Minister requires the Council to make, amend or revoke a regulation under clause (1) (c) and the Council does not do so within 60 days, the Lieutenant Governor in Council may, by regulation, make, amend or revoke the regulation.
Annual meeting of members
12. The College shall hold an annual meeting of the members of the College not more than 15 months after the holding of the last preceding annual meeting of members.
Membership in College
13. (1) Every person who holds a certificate of registration is a member of the College, subject to any term, condition or limitation to which the certificate is subject.
Resignation of membership
(2) A member of the College may resign his or her membership by filing a resignation in writing with the Registrar and when the member does so, the certificate of registration is cancelled.
Continuing jurisdiction: revocation, cancellation
(3) A person whose certificate of registration is revoked or cancelled or expires continues to be subject to the jurisdiction of the College for professional misconduct, incompetence or incapacity referable to any time during which the person held a certificate of registration under this Act.
Committees of Council
14. (1) The Council shall establish the following committees:
1. Executive Committee.
2. Registration Appeals Committee.
3. Complaints Committee.
4. Discipline Committee.
5. Fitness to Practise Committee.
Same
(2) In appointing persons to each committee, the Council shall ensure that,
(a) each committee has at least one member who was elected to the Council as a social worker, at least one member who was elected to the Council as a social service worker and at least one member who was appointed to the Council;
(b) at least one-half of the members of each committee are persons elected to the Council;
(c) at least one-third of the members of each committee are persons appointed to the Council;
(d) no person who is a member of the Complaints Committee is also a member of the Discipline Committee or the Fitness to Practise Committee; and
(e) the appointments are made in accordance with the by-laws.
Chair
(3) The Council shall appoint one of the members of each committee referred to in subsection (1) as the Chair of that committee.
Panel appointed
(4) The chair of a committee may appoint panels from among the committee's members and authorize them to conduct reviews, to consider and investigate written complaints and to hold hearings.
Same
(5) Each panel appointed under subsection (4) shall be composed of at least three persons and at least one-third of the members of each panel shall be persons appointed to the Council.
Same
(6) A decision of a panel appointed under subsection (4) shall be deemed to be the decision of the committee from which it was appointed.
Other committees
15. The Council may establish other committees that the Council from time to time considers necessary.
Vacancies in committees
16. If one or more vacancies occur in the membership of a committee of the Council, the members remaining on the committee constitute the committee so long as their number is not fewer than the quorum established in the by-laws.
Delegation of Council's powers
17. The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council other than the power to make, amend or revoke a regulation or by-law.
PART II
REGISTRATION
Approval of application for registration
18. (1) The Registrar shall issue a certificate of registration for social work to an applicant if the applicant,
(a) applies for it in accordance with the regulations and the by-laws;
(b) produces documentation satisfactory to the Registrar that shows that the applicant,
(i) has obtained a degree in social work from a social work program or an equivalent program, as prescribed by the regulations, or
(ii) has a combination of academic qualifications and practical experience that is substantially equivalent to the qualifications required for such a degree, as prescribed by the regulations;
(c) has paid the fees prescribed by the by-laws; and
(d) meets any other requirements prescribed by the regulations for registration.
Same
(2) The Registrar shall issue a certificate of registration for social service work to an applicant if the applicant,
(a) applies for it in accordance with the regulations and the by-laws;
(b) produces documentation satisfactory to the Registrar that shows that the applicant,
(i) has obtained a diploma in social service work from a social service work program or an equivalent program, as prescribed by the regulations, or
(ii) has a combination of academic qualifications and practical experience that is substantially equivalent to the qualifications required for such a diploma, as prescribed by the regulations;
(c) has paid the fees prescribed by the by-laws; and
(d) meets any other requirements prescribed by the regulations for registration.
Grounds for refusal
(3) The Registrar may refuse to issue a certificate of registration for social work or social service work if the Registrar has reasonable grounds to believe that,
(a) the past conduct or actions of the applicant afford grounds for belief that the applicant will not perform his or her duties as a social worker or social service worker, as the case may be, in accordance with the law, including but not limited to this Act, the regulations and the by-laws; or
(b) the applicant does not fulfil the requirements under this Act for the issuance of the certificate.
Same
(4) Except as otherwise directed under this Act, the Registrar shall refuse to issue a certificate of registration for social work or social service work to an applicant who previously held such a certificate of registration that was revoked as a result of a decision of the Discipline Committee or the Fitness to Practise Committee and that was not reinstated under section 29 or 30.
Terms, etc.
(5) If the Registrar believes that a certificate of registration should be issued to an applicant with terms, conditions or limitations, the Registrar may impose those terms, conditions or limitations.
Disclosure of application file
19. (1) The Registrar shall give an applicant for a certificate of registration, at the applicant's request, a copy of each document the College has that is relevant to the application.
Exception
(2) The Registrar may refuse to give an applicant anything that may, in the Registrar's opinion, jeopardize the safety of any person.
Notice of proposal to refuse to issue, etc.
20. (1) If the Registrar proposes to do one of the following, the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant:
1. Refuse to issue a certificate of registration.
2. Impose terms, conditions or limitations to which the applicant has not consented on a certificate of registration to be issued.
Exception
(2) Subsection (1) does not apply if the Registrar refuses to issue a certificate under subsection 18 (4).
Contents of notice
(3) A notice under subsection (1) shall state that the applicant may request a review by the Registration Appeals Committee in accordance with subsection (4).
Request for review
(4) The request for review shall be in writing and shall be served on the Registrar within 60 days after the notice under subsection (1) is served on the applicant.
Submissions
(5) The request for review may be accompanied by written submissions.
Power of Registrar if no request
(6) If an applicant does not request a review in accordance with subsection (4), the Registrar shall carry out the proposal stated in the notice under subsection (1).
Duties of Registration Appeals Committee
21. (1) If an applicant requests a review in accordance with subsection 20 (4), the Registration Appeals Committee shall conduct the review.
Exception
(2) Despite subsection (1), the Committee shall refuse to conduct a review if, in its opinion, the request for review is frivolous, vexatious or an abuse of process.
Extension of time for requesting review
(3) The Committee may extend the time for requesting a review under subsection 20 (4) if it is satisfied that there are apparent grounds for granting relief on the review and that there are reasonable grounds for applying for the extension.
Examination of documents, submissions
(4) The Committee shall ensure that the person requesting the review is given an opportunity to examine and make written submissions on any documents that the Committee intends to consider in making its decision on the review.
No hearing
(5) Except as provided by section 20 and this section, the Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this part.
Order
(6) After considering the request for review, the submissions and any document that the Committee considers relevant, the Committee may make an order doing one or more of the following:
1. Directing the Registrar to issue the appropriate certificate of registration.
2. Directing the Registrar to issue the appropriate certificate of registration and to make it subject to specified terms, conditions or limitations.
3. Directing the Registrar to vary specified terms, conditions or limitations in the Registrar's proposal.
4. Directing the Registrar to refuse to issue a certificate of registration.
Service of decision on parties
(7) The Committee shall give its decision under this section in writing to the Registrar, with reasons, within 60 days after considering the request for review and shall serve the person who requested the review with a copy.
Register
22. (1) The Registrar shall maintain a register.
Contents
(2) Subject to any by-law respecting the removal of information from the register, the register shall contain,
(a) the name of each member of the College and the class of certificate of registration that the member holds;
(b) any terms, conditions and limitations imposed on the member's certificate of registration;
(c) a notation of every revocation, cancellation and suspension of a member's certificate of registration;
(d) information that a committee required by subsection 14 (1) directs shall be included; and
(e) information that the by-laws prescribe as information to be kept in the register.
Inspection
(3) Any person has the right, during normal business hours, to inspect the register.
Copies
(4) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of the register.
Suspension: failure to pay fees, provide information
23. (1) The Registrar may suspend the certificate of registration of a member of the College for,
(a) failure to pay a fee or penalty prescribed by the by-laws; or
(b) failure to provide information required by the by-laws.
Same
(2) The Registrar shall not suspend a member's certificate of registration without first giving the member two-months notice of the default and intention to suspend.
Reinstatement
(3) A person whose certificate of registration has been suspended under subsection (1) is entitled to have the suspension removed on payment of the fees and penalties prescribed by the by-laws or on provision of the information required by the by-laws, as the case may be.
PART III
COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE
Duties of Complaints Committee
24. (1) The Complaints Committee shall consider and investigate written complaints regarding the conduct or actions of members of the College.
Same
(2) Despite subsection (1), the Complaints Committee shall refuse to consider and investigate a written complaint if, in its opinion,
(a) the complaint does not relate to professional misconduct, incompetence or incapacity on the part of a member of the College; or
(b) the complaint is frivolous, vexatious or an abuse of process.
Same
(3) No action shall be taken by the Complaints Committee under subsection (5) unless,
(a) a complaint in a form prescribed by the by-laws has been filed with the Registrar;
(b) the member of the College whose conduct or actions are being investigated has been notified of the complaint and given at least 30 days in which to submit in writing to the Committee any explanations or representations the member may wish to make concerning the matter; and
(c) the Committee has examined all the information and documents that the College has that are relevant to the complaint.
Same
(4) Notice of a complaint under clause 3 (b) shall include reasonable information about any allegations contained in the complaint.
Same
(5) The Complaints Committee in accordance with the information it receives shall,
(a) direct that the matter be referred, in whole or in part, to the Discipline Committee or the Fitness to Practise Committee;
(b) direct that the matter not be referred under clause (a);
(c) require the person complained against to appear before the Complaints Committee to be cautioned;
(d) refer the matter for alternative dispute resolution if the Committee considers it appropriate to do so and the complainant and the member agree; or
(e) take any action it considers appropriate in the circumstances and that is not inconsistent with this Act, the regulations or the by-laws.
Decision and reasons
(6) The Complaints Committee shall give its decision in writing to the Registrar and, except in the case of a decision made under clause (5) (a), its reasons for the decision.
Notice
(7) The Registrar shall provide the complainant and the person complained against with a copy of the written decision made by the Complaints Committee and its reasons for the decision, if any.
No hearing
(8) Except as provided by this section, the Complaints Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this section.
Timely disposal
(9) The Complaints Committee shall use its best efforts to dispose of a complaint within 120 days of its being filed with the Registrar.
Reference by Council or Executive Committee
25. (1) The Council or the Executive Committee may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or incompetence on the part of a member of the College.
Same
(2) The Council or the Executive Committee may direct the Fitness to Practise Committee to hold a hearing and determine any allegation of incapacity on the part of a member of the College.
Interim suspension
(3) The Council or the Executive Committee may make an interim order directing the Registrar to suspend the certificate of registration of a member of the College or impose terms, conditions or limitations on a member's certificate of registration if,
(a) an allegation respecting the member has been referred to the Discipline Committee or to the Fitness to Practise Committee; and
(b) the Council or the Executive Committee believes that the actions or conduct of the member in the course of his or her practice exposes or is likely to expose a person or persons to harm or injury.
Restriction
(4) No order shall be made under subsection (3) unless the member has been given,
(a) notice of the Council's or the Executive Committee's intention to make the order; and
(b) at least 14 days to make written submissions to the Council or the Executive Committee.
Same
(5) Clause (4) (b) does not apply if the Council or the Executive Committee believes that the delay would be inappropriate in view of the risk of harm or injury to a person or persons.
No hearing
(6) Except as provided by this section, the Council or the Executive Committee need not hold a hearing or afford any person an opportunity to make oral or written submissions before making a decision or giving a direction under this section.
Procedure following order
(7) If an order is made under subsection (3) in relation to a matter referred to the Discipline Committee or to the Fitness to Practise Committee,
(a) the College shall prosecute the matter expeditiously; and
(b) the committee shall give precedence to the matter.
Duration of order
(8) An order under subsection (3) continues in force until the matter is disposed of by the Discipline Committee or the Fitness to Practise Committee.
Duties of Discipline Committee
26. (1) The Discipline Committee shall,
(a) hear and determine matters directed or referred to it under sections 24, 25 and 29; and
(b) perform any other duties assigned to it by the Council.
Professional misconduct
(2) The Discipline Committee may find a member of the College guilty of professional misconduct if, after a hearing, the Committee believes that the member has engaged in conduct that,
(a) contravenes this Act, the regulations or the by-laws;
(b) contravenes an order of the Discipline Committee, the Complaints Committee, the Council or the Registrar; or
(c) is defined as being professional misconduct in the regulations.
Incompetence
(3) The Discipline Committee may, after a hearing, find a member of the College to be incompetent if, in its opinion, the member has displayed in his or her professional responsibilities a lack of knowledge, skill or judgment or disregard for the welfare of a person or persons of a nature or extent that demonstrates that the member is unfit to continue to carry out his or her professional responsibilities or that a certificate of registration held by the member under this Act should be made subject to terms, conditions or limitations.
Powers of Discipline Committee
(4) If the Discipline Committee finds a member guilty of professional misconduct or to be incompetent, it shall make an order doing one or more of the following:
1. Directing the Registrar to revoke any certificate of registration held by the member under this Act.
2. Directing the Registrar to suspend any certificate of registration held by the member under this Act for a specified period, not exceeding 24 months.
3. Directing the Registrar to impose specified terms, conditions or limitations on any certificate of registration held by the member under this Act.
4. Directing that the imposition of a penalty be postponed for a specified period and not be imposed if specified terms are met within that period.
Same
(5) If the Discipline Committee finds a member guilty of professional misconduct, it may, in addition to exercising its powers under subsection (4), make an order doing one or more of the following:
1. Requiring that the member be reprimanded, admonished or counselled by the Committee or its delegate and, if considered warranted, directing that the fact of the reprimand, admonishment or counselling be recorded on the register for a specified or an unlimited period.
2. Imposing a fine in an amount that the Committee considers appropriate, to a maximum of $5,000, to be paid by the member to the Minister of Finance for payment into the Consolidated Revenue Fund.
3. Directing that the finding and the order of the Committee be published, in detail or in summary, with or without the name of the member, in the official publication of the College and in any other manner or medium that the Committee considers appropriate in the particular case.
4. Fixing costs to be paid by the member.
Same
(6) In making an order under paragraph 4 of subsection (4), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring the successful completion by the member of specified courses of study.
Same
(7) In making an order revoking or suspending a certificate of registration or imposing terms, conditions or limitations on a certificate of registration, the Committee may fix a period during which the member may not apply under section 29.
Publication on request
(8) The Discipline Committee shall cause a determination by the Committee that an allegation of professional misconduct or incompetence was unfounded to be published in the official publication of the College, on the request of the member against whom the allegation was made.
Costs
(9) If the Discipline Committee believes that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member of the College for his or her costs or the portion of them fixed by the Discipline Committee.
Duties of Fitness to Practise Committee
27. (1) The Fitness to Practise Committee shall,
(a) hear and determine matters directed or referred to it under sections 24, 25 or 29; and
(b) perform any other duties assigned to it by the Council.
Incapacity
(2) The Fitness to Practise Committee may, after a hearing, find a member of the College to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that,
(a) the member is unfit to continue to carry out his or her professional responsibilities; or
(b) a certificate of registration held by the member under this Act should be made subject to terms, conditions or limitations.
Powers of Fitness to Practise Committee
(3) If the Fitness to Practise Committee finds a member to be incapacitated, it shall make an order doing one or more of the following:
1. Directing the Registrar to revoke the member's certificate of registration.
2. Directing the Registrar to suspend the member's certificate of registration for a specified period, not exceeding 24 months.
3. Directing the Registrar to impose specified terms, conditions or limitations on the member's certificate of registration.
4. Directing that the imposition of a penalty be postponed for a specified period and not be imposed if specified terms are met within that period.
Same
(4) In making an order under paragraph 4 of subsection (3), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring the production to the Committee of evidence satisfactory to it that any physical or mental condition or disorder in respect of which the penalty was imposed has been resolved.
Same
(5) In making an order revoking or suspending a certificate of registration or imposing terms, conditions or limitations on a certificate of registration, the Committee may fix a period during which the member may not apply under section 29.
Publication on request
(6) The Fitness to Practise Committee shall cause a determination by the Committee that an allegation of incapacity was unfounded to be published in the official publication of the College, on the request of the member against whom the allegation was made.
Costs
(7) If the Fitness to Practise Committee believes that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member for his or her costs or the portion of them fixed by the Committee.
Procedure on hearings
28. (1) This section applies to hearings of the Discipline Committee under section 26 and to hearings of the Fitness to Practise Committee under section 27.
Parties
(2) The College and the member of the College whose conduct or actions are being investigated are parties to the hearing.
Examination of documentary evidence
(3) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing.
Members holding hearing not to have taken part in investigation
(4) Members of the Discipline Committee or Fitness to Practise Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject-matter of the hearing, other than as a member of the Council or Executive Committee considering the referral of the matter to the Discipline Committee or Fitness to Practise Committee, and shall not communicate directly or indirectly about the subject-matter of the hearing with any person or with any party or representative of a party except on notice to and opportunity for all parties to participate.
Same
(5) Despite subsection (4), the Discipline Committee or Fitness to Practise Committee may seek legal advice from an adviser independent from the parties and, in that case, the nature of the advice shall be made known to the parties so that they may make submissions as to the law.
Discipline Committee hearings to be public
(6) A hearing of the Discipline Committee shall, subject to subsections (7) and (8), be open to the public.
Exceptions
(7) The Discipline Committee may make an order that the public, including members of the College, be excluded from a hearing or any part of a hearing if the Committee is satisfied that,
(a) matters involving public security may be disclosed;
(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public;
(c) a person involved in a civil or criminal proceeding may be prejudiced; or
(d) the safety of a person may be jeopardized.
Same
(8) The Discipline Committee may also make an order that the public, including members of the College, be excluded from any part of a hearing in which it will deliberate whether to exclude them from a hearing or a part of a hearing.
Fitness to Practise Committee hearings to be closed
(9) A hearing of the Fitness to Practise Committee shall, subject to subsection (10), be closed to the public, including members of the College.
Open on request of member in some cases
(10) A hearing of the Fitness to Practise Committee shall be open to the public, including members of the College, if the person who is alleged to be incapacitated requests it in a written notice received by the Registrar before the day the hearing commences, unless the Fitness to Practise Committee is satisfied that,
(a) matters involving public security may be disclosed;
(b) financial or personal or other matters may be disclosed at the hearing of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of acceding to the request of the person who is alleged to be incapacitated;
(c) a person involved in a civil or criminal proceeding may be prejudiced; or
(d) the safety of a person may be jeopardized.
Same
(11) The Fitness to Practise Committee may also make an order that the public, including members of the College, be excluded from any part of a hearing in which it will deliberate whether to exclude them from a hearing or a part of a hearing.
Recording of evidence
(12) The oral evidence taken before the Discipline Committee or Fitness to Practise Committee shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party's expense.
Only members at hearing to participate in decision
(13) No member of the Discipline Committee or Fitness to Practise Committee shall participate in a decision of the committee following a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties.
Release of documentary evidence
(14) Documents and things put in evidence at a hearing shall, on the request of the party who produced them, be returned by the Discipline Committee or Fitness to Practise Committee within a reasonable time after the matter in issue has been finally determined.
Service of decision, reasons
(15) Subject to subsection (16), the committee shall give its decision in writing with reasons and serve it,
(a) on the parties; and
(b) if the matter was referred to the Discipline Committee as a result of a complaint under subsection 24 (1), on the complainant.
Same
(16) If the hearing was closed, the Discipline Committee or Fitness to Practise Committee may, in its discretion, withhold reasons when it serves its decision on the complainant.
PART IV
REINSTATEMENT AND VARIATION
Reinstatement after disciplinary proceedings
29. (1) A person who has had a certificate of registration revoked or suspended as a result of a proceeding before the Discipline Committee may apply in writing to the Registrar to have a new certificate issued or the suspension removed.
Variation after disciplinary proceedings
(2) A person who has a certificate of registration that is subject to terms, conditions or limitations as a result of a proceeding before the Discipline Committee may apply in writing to the Registrar for the removal or modification of the terms, conditions or limitations.
Time of application
(3) An application under subsection (1) or (2) shall not be made before the expiry of the period fixed for the purpose by the Discipline Committee under subsection 26 (7) or under paragraph 6 of subsection (6), as the case may be.
Same
(4) If the Discipline Committee did not fix a period under subsection 26 (7) or under paragraph 6 of subsection (6), an application under subsection (1) or (2) shall not be made earlier than one year from the date of the order under section 26 or the date of the last order made under this section, as the case may be.
Referral to Discipline Committee
(5) The Registrar shall refer an application under subsection (1) or (2) to the Discipline Committee.
Order
(6) The Discipline Committee may, after a hearing, make an order doing one or more of the following:
1. Refusing the application.
2. Directing the Registrar to issue a certificate of registration to the applicant.
3. Directing the Registrar to remove the suspension of the applicant's certificate of registration.
4. Directing the Registrar to impose specified terms, conditions and limitations on the applicant's certificate of registration.
5. Directing the Registrar to remove any term, condition or limitation on the applicant's certificate of registration.
6. Fixing a period during which the applicant may not apply under this section.
Parties
(7) The College and the applicant are parties to the hearing under this section.
Examination of documentary evidence
(8) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing.
Closed hearings
(9) Hearings of the Discipline Committee under this section shall be closed to the public, including members of the College.
Recording of evidence
(10) If requested by a party, the oral evidence taken before the Discipline Committee under this section shall be recorded and, if requested by a party, copies of a transcript shall be provided to the party at the party's expense.
Only members at hearing to participate in decision
(11) No member of the Discipline Committee shall participate in a decision of the Committee under this section unless he or she was present throughout the hearing and heard the evidence and the argument of the parties.
Release of documentary evidence
(12) Documents and things put in evidence at a hearing under this section shall, on the request of the party who produced them, be returned by the Discipline Committee within a reasonable time after the matter in issue has been finally determined.
Service of decision on parties
(13) The Discipline Committee shall give its decision under this section in writing, with reasons, and shall serve each party with a copy of the decision.
Fitness to Practise Committee
(14) Subsections (1) to (13) apply with necessary modifications to the Fitness to Practise Committee and, for the purpose,
(a) a reference to the Discipline Committee shall be deemed to be a reference to the Fitness to Practise Committee; and
(b) a reference to subsection 26 (7) shall be deemed to be a reference to subsection 27 (5).
Reinstatement: no hearing
30. The Council or Executive Committee may, without a hearing, with respect to a person who has had a certificate suspended or revoked for any reason under this Act, make an order doing one or more of the following:
1. Directing the Registrar to issue a certificate of registration to the person.
2. Directing the Registrar to remove the suspension of the person's certificate of registration.
PART V
APPEALS TO COURT
Appeal to court
31. (1) A party to a proceeding before the Registration Appeals Committee, the Discipline Committee or the Fitness to Practise Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee.
Same
(2) For purposes of this section, a person who requests a review under section 20 is a party to the review by the Registration Appeals Committee.
Certified copy of record
(3) On the request of a party desiring to appeal to the Divisional Court and on payment of the fee prescribed by the by-laws for the purpose, the Registrar shall give the party a certified copy of the record of the proceeding, including any documents received in evidence and the decision or order appealed from.
Powers of court on appeal
(4) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all powers of the committee and may direct the committee to take any action which the committee may take and that the court considers appropriate and, for the purpose, the court may substitute its opinion for that of the committee or the court may refer the matter back to the committee for rehearing, in whole or in part, in accordance with any directions the court considers appropriate.
Effect of appeal
(5) An appeal from a decision or order of a committee mentioned in subsection (1) does not operate as a stay of that decision or order.
PART VI
REGISTRAR'S POWERS OF INVESTIGATION
Registrar's investigation
32. (1) If the Registrar believes on reasonable and probable grounds,
(a) that a member of the College has committed an act of professional misconduct or is incompetent or incapacitated;
(b) that there is cause to refuse to issue a certificate applied for under this Act;
(c) that there is cause to suspend or revoke a certificate issued under this Act; or
(d) that there is cause to impose terms, conditions or limitations on a certificate applied for or issued under this Act,
the Registrar may appoint one or more investigators to investigate whether such act has occurred, such incompetence or incapacity exists or there is such cause.
Approval of Executive Committee
(2) The Registrar shall not make an appointment under subsection (1) without the approval of the Executive Committee.
Powers of investigator
(3) The investigator may inquire into and examine the conduct or actions of the member to be investigated as the conduct or actions relate to the matter the Registrar sought to be investigated in appointing the investigator.
Same
(4) The investigator has, for the purposes of the investigation, all the powers of a commission under Part II of the Public Inquiries Act.
Same
(5) The investigator may, on production of his or her appointment, enter at any reasonable time the place of work of the member or the premises of the member's employer and may examine anything found there that is relevant to the investigation.
Obstruction of investigator
(6) No person shall obstruct an investigator in the course of his or her duties or withhold or conceal from him or her or destroy anything that is relevant to the investigation.
Entries and searches
33. (1) A justice of the peace may, on the application of an investigator, issue a warrant authorizing the investigator to enter and search a place and examine anything that is relevant to the investigation if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that,
(a) the member being investigated has committed an act of professional misconduct or is incompetent or incapacitated; and
(b) there is something relevant to the investigation at the place.
Searches by day unless stated
(2) A warrant issued under subsection (1) does not authorize an entry or search after sunset or before sunrise unless it is expressly stated in the warrant.
Assistance and entry by force
(3) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by other persons and may enter a place by force.
Investigator to show identification
(4) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) shall produce his or her identification, on request, to any person at the place.
Copying of documents and objects
34. (1) An investigator may copy, at the College's expense, a document or object that an investigator may examine under section 32 or under the authority of a warrant issued under section 33.
Removal of documents and objects
(2) An investigator may remove a document or object described in subsection (1) if,
(a) it is not practicable to copy it in the place where it is examined; or
(b) a copy of it is not sufficient for the purposes of the investigation.
Return of documents and objects or copies
(3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall,
(a) if it was removed under clause (2) (a), return the document or object within a reasonable time; or
(b) if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time.
Copy as evidence
(4) A copy of a document or object certified by an investigator to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document or object itself.
Report of investigation
35. The Registrar shall report the results of an investigation to one or more of the Executive Committee, the Registration Appeals Committee, the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee, as the Registrar considers appropriate.
PART VII
REGULATIONS AND BY-LAWS
Regulations of College, subject to approval
36. (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,
1. prescribing classes of certificates of registration and imposing terms, conditions and limitations on the certificates of registration as a class;
2. respecting applications for certificates of registration or classes of them and the issuing, suspension, revocation and expiration of the certificates or classes of them;
3. prescribing social work programs and equivalent programs and social service work programs and equivalent programs for the purposes of section 18 (registration);
4. prescribing standards, qualifications and other requirements for the issue of certificates of registration, including, without limiting the generality of the foregoing, prescribing combinations of academic qualifications and practical experience sufficient for membership;
5. defining specialties in the professions, providing for certificates relating to those specialities and the qualifications for and suspension and revocation of those certificates and governing the use of prescribed terms, titles or designations by members of the College indicating a specialization in the professions;
6. prescribing ongoing education requirements for members of the College;
7. requiring and providing for the inspection and examination of premises used in connection with the practice of the profession and of equipment, books, accounts, reports and records of members of the College relating to their practices;
8. prescribing what constitutes a conflict of interest in the practice of social work and regulating or prohibiting the practice of social work in cases where there is a conflict of interest;
9. prescribing what constitutes a conflict of interest in the practice of social service work and regulating or prohibiting the practice of social service work in cases where there is a conflict of interest;
10. defining professional misconduct for the purposes of clause 26 (2) (c);
11. respecting the promotion or advertising of the practice of the professions;
12. respecting the reporting and publication of decisions of committees;
13. requiring members of the College to keep records in respect of their practice and prescribing the contents of those records;
14. regulating or prohibiting the use of terms, titles and designations by members of the College in respect of their practices;
15. respecting the giving of notice of meetings and hearings that are to be open to the public;
16. providing for the exemption of any member or class of members of the College from any of the regulations made under this section;
17. prescribing conditions to be met before the Registrar issues certificates of registration under subsection 63 (1) or (2);
18. prescribing anything that is referred to in this Act as being prescribed by the regulations.
Examinations permitted
(2) A regulation made under paragraph 4 of subsection (1) may authorize the Registrar to assess the qualifications or competency of potential members by examinations or other means.
By-laws
37. (1) The Council may make by-laws relating to the administrative and domestic affairs of the College including, but not limited to, by-laws,
1. adopting a seal for the College;
2. providing for the execution of documents by the College;
3. respecting banking and finance;
4. fixing the financial year of the College and providing for the audit of the accounts and transactions of the College;
5. respecting the election of Council members, including the requirements for members of the College to be able to vote, electoral districts and election recounts;
6. respecting the qualification of Council members who are elected;
7. prescribing conditions disqualifying elected members of the Council from sitting on the Council and governing the removal of disqualified Council members;
8. prescribing positions of officers of the College, providing for the election or appointment of officers and prescribing the duties of officers;
9. respecting the calling, holding and conducting of meetings of the Council and the duties of members of the Council;
10. respecting the calling, holding and conducting of meetings of the members of the College;
11. respecting conflict of interest rules for members of the Council, for members of committees and for officers and employees of the College;
12. providing for the remuneration of members of the Council and committees, other than persons appointed by the Lieutenant Governor in Council, and for the payment of the expenses of the Council and committees in the conduct of their business;
13. respecting the filling of vacancies on the Council or on committees;
14. respecting the membership and practices and procedures of the committees required by subsection 14 (1), including
i. the number of members to be appointed to each committee,
ii. the terms of office of those members,
iii. the conditions disqualifying members of the College from sitting on those committees,
iv. the removal of disqualified committee members, and
v. the quorum of those committees;
15. respecting the membership, powers, duties and practices and procedures of committees other than those required by subsection 14 (1), including
i. the number of members to be appointed to each committee,
ii. the terms of office of those members,
iii. the conditions disqualifying members of the College from sitting on those committees,
iv. the removal of disqualified committee members, and
v. the quorum for those committees;
16. respecting the composition, practices and procedures of and quorum for panels of committees;
17. delegating to the Executive Committee powers and duties of the Council, other than the power to make, amend or revoke regulations or by-laws;
18. prescribing a code of ethics and standards of practice for members or classes of members of the College;
19. providing for the appointment of investigators;
20. respecting the keeping of a register of members of the College, including, but not limited to, prescribing the information that must be kept in the register and information that may be removed from the register;
21. requiring members of the College to provide the College with information necessary for establishing and maintaining the register and for establishing and maintaining records necessary for the proper functioning of the College;
22. respecting the duties and office of the Registrar and the powers and duties of deputy registrars;
23. prescribing procedures for making, amending and revoking by-laws;
24. prescribing forms and providing for their use;
25. respecting the management of property of the College;
26. respecting membership of the College in a national organization of bodies with similar functions, the payment of annual assessments and representation at meetings;
27. authorizing the making of grants to advance knowledge or the education of persons wishing to practise social work or social service work, to maintain or improve the standards of practice of social work and social service work or to provide public information about, and encourage interest in, the past and present role of social work and social service work in society;
28. requiring members of the College to pay annual fees, fees upon registration, fees for election recounts and continuing education programs and fees for anything the Registrar or a committee of the College is required or authorized to do with respect to members, requiring members to pay penalties for the late payment of any fee and specifying the amount of any such fee or penalty;
29. requiring persons to pay fees, set by the Registrar or by-law, for applying for a certificate and anything the Registrar is required or authorized to do with respect to persons who are not members;
30. authorizing the College to make arrangements for the indemnity of members of the College against professional liability and providing levies to be paid by members;
31. requiring members of the College to have professional liability insurance that satisfies the requirements specified in the by-laws or to belong to a specified association that provides protection against professional liability and requiring members to give proof of the insurance or membership to the Registrar in the manner set out in the by-laws;
32. respecting the designation of life or honourary members of the College and prescribing their rights and privileges;
33. exempting any member or class of member of the College from a by-law made under this section;
34. respecting indemnification by the College of members of the Council, of members of committees and of officers and employees of the College;
35. respecting service of documents and giving of documents.
Meetings by telecommunications, etc.
(2) A by-law made under paragraph 9 or 10 of subsection (1) may provide for the meetings to be held in any manner that allows all the persons participating to communicate with each other simultaneously and instantaneously.
Unanimous by-laws
(3) A by-law or resolution signed by all the members of the Council is as valid and effective as if passed at a meeting of the Council called, constituted and held for the purpose.
Copies of by-laws
(4) The Council shall ensure that a copy of each by-law is given to the Minister.
Regulations by L. G. in C.
38. (1) The Lieutenant Governor in Council may make regulations,
(a) prescribing additional functions of the College for the purposes of paragraph 10 of subsection 3 (2);
(b) respecting the appointment of persons to the Council under clause 4 (2) (c), including but not limited to regulations specifying how different interests are to be represented on the Council;
(c) providing for any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with the establishment of the College or the assumption of powers and duties by the College;
(d) providing for any other matters the Lieutenant Governor in Council considers necessary or advisable in connection with the College.
Conflict
(2) In the event of a conflict between a regulation made under clause (1) (c) and this Act, the regulation prevails.
Regulations and by-laws: general or specific
39. (1) A regulation or by-law made under this Act may be general or specific.
Same
(2) Without limiting the generality of subsection (1), a regulation or by-law may be limited in its application to any class of members of the College, certificates or qualifications.
Copies of regulations, by-laws
40. (1) The Council shall ensure that a copy of each regulation and by-law made under this Act is available for public inspection in the office of the College.
Same
(2) The Registrar shall provide to any person on payment of a reasonable charge, a copy of any regulation or by-law made under this Act.
PART VIII
REPORTS TO COLLEGE CONCERNING MEMBERS' CONDUCT
Employer's report, termination for misconduct, etc.
41. (1) A person who, for reasons of professional misconduct, incompetence or incapacity of a member of the College, terminates the employment of the member shall file with the Registrar within 30 days after the termination, a written report setting out the reasons.
Report to College, intention to terminate for misconduct, etc.
(2) If a person intended to terminate the employment of a member for reasons of professional misconduct, incompetence or incapacity but the person did not do so because the member resigned, the person shall file with the Registrar within 30 days after the resignation a written report setting out the reasons upon which the person intended to act.
Employer's report, member convicted of offence
42. (1) A person shall promptly notify the College in writing if the person becomes aware that a member of the College who is or has been employed by the person has been convicted of an offence under the Criminal Code (Canada) involving sexual conduct.
Member's report, member convicted of offence
(2) A member of the College shall promptly notify the College in writing if he or she is convicted of an offence under the Criminal Code (Canada) involving sexual conduct.
Member's report, sexual abuse by another member
43. (1) A member of the College shall file a report to the College in accordance with section 44 if, in the course of his or her practice, the member obtains reasonable grounds to believe that another member has sexually abused a client.
Exception
(2) A member is not required to file a report under subsection (1) if the member does not have information to identify the member who would be the subject of the report.
Information from client
(3) If a member is required to file a report because of reasonable grounds obtained from one of the member's clients, the member shall use his or her best efforts to advise the client of the requirement to file the report before doing so.
Definition
(4) In this section and section 44, "
sexual abuse", with respect to a client by a member of the College means,
(a) sexual intercourse or another form of physical sexual relations between the member and the client,
(b) touching, of a sexual nature, of the client by the member, or
(c) behaviour or remarks of a sexual nature by the member towards the client, other than behaviour or remarks of a clinical nature appropriate to the service provided.
Time for filing report
44. (1) A report under section 43 shall be filed,
(a) forthwith, if the person who is required to file the report has reasonable grounds to believe that the member will continue to sexually abuse the client or will sexually abuse other clients; or
(b) within 30 days after the obligation to report arose, otherwise.
Contents of report
(2) The report shall include,
(a) the name of the person filing the report;
(b) the name of the member who is the subject of the report;
(c) an explanation of the alleged sexual abuse;
(d) if the grounds of the person filing the report are related to a particular client of the member who is the subject of the report, the name of that client, subject to subsection (3).
Consent required re name
(3) The name of a client who may have been sexually abused shall not be included in a report unless the client, or if the client is incapable, the client's representative, consents in writing to the inclusion of the client's name.
No proceeding against person reporting
45. No proceeding shall be instituted against a person for filing a report in good faith under this Part.
PART IX
MISCELLANEOUS
Use of title, social worker
46. (1) No person except a registered social worker shall use the English title "social worker" or "registered social worker" or the French title "travailleur social" or "travailleur social inscrit" or an abbreviation of any of those titles to represent expressly or by implication that he or she is a social worker or registered social worker.
Same
(2) No person except a registered social worker shall represent or hold out expressly or by implication that he or she is a social worker or a registered social worker.
Use of title, social service worker
47. (1) No person except a registered social service worker shall use the English title "social service worker" or "registered social service worker" or the French title "technicien en travail social" or "technicien en travail social inscrit" or an abbreviation of any of those titles to represent expressly or by implication that he or she is a social service worker or registered social service worker.
Same
(2) No person except a registered social service worker shall represent or hold out expressly or by implication that he or she is a social service worker or a registered social service worker.
Right to use French
48. (1) A person has the right to use French in all dealings with the College.
Same
(2) The Council shall take all reasonable measures and make all reasonable plans to ensure that persons may use French in all dealings with the College.
Limitation
(3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances.
Definition
(4) In this section, "
dealings" means any practice or procedure available to the public or to members of the College and includes giving or receiving communications, information or notices, making applications, taking examinations or tests and participating in programs or in hearings or reviews.
Immunity of College
49. No proceeding for damages shall be instituted against the College, the Council, a committee of the College, a member of the Council or a committee of the College, or an officer, employee, agent or appointee of the College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of the duty or power.
Confidentiality
50. (1) Every person engaged in the administration of this Act, including an investigator appointed under section 32, shall preserve secrecy with respect to all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any of those matters to any other person except,
(a) as may be required in connection with the administration of this Act and the regulations and by-laws or any proceeding under this Act or the regulations or by-laws;
(b) to his or her counsel;
(c) with the consent of the person to whom the information relates;
(d) to a police officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; or
(e) to the extent that the information is available to the public under this Act.
Definition
(2) In clause (1) (d), "
law enforcement proceeding" means a proceeding in a court or tribunal that could result in a penalty or sanction being imposed.
Limitation
(3) No person described in subsection (1) shall disclose, under clause (1) (d), any information with respect to a person other than a member.
No requirement
(4) Nothing in clause (1) (d) shall require a person described in subsection (1) to disclose information to a police officer unless the information is required to be produced under a warrant.
Persons not compellable
(5) No person to whom subsection (1) applies shall be compelled to give testimony in any civil proceeding, other than a proceeding under this Act or an appeal or a judicial review relating to a proceeding under this Act, with regard to information obtained in the course of his or her duties.
Documents not admissible
(6) No record of a proceeding under this Act and no document or thing prepared for or statement given at such a proceeding and no order or decision made in such a proceeding is admissible in any civil proceeding, other than a proceeding under this Act or an appeal or judicial review relating to a proceeding under this Act.
Service of notice or document
51. (1) A notice or document to be given or served under this Act is sufficiently given or served if it is,
(a) delivered personally;
(b) sent by mail; or
(c) given or served in accordance with by-laws respecting service.
Same
(2) If a notice or document is sent by mail addressed to a person at the last address of the person in the records of the College, there is a rebuttable presumption that the notice or document is delivered to the person on the fifth day after the day of mailing.
Registrar's certificate as evidence
52. A statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the College, is admissible in evidence in a court of law as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the appointment or signature of the Registrar and without proof of the seal.
Statutory Powers Procedure Act
53. If there is a conflict between this Act, the regulations or the by-laws and the Statutory Powers Procedure Act, the provisions of this Act, the regulations and the by-laws prevail.
Compliance order
54. If it appears to the College that a person does not comply with this Act or the regulations or the by-laws, despite the imposition of a penalty in respect of that non-compliance and in addition to any other rights it may have, the College may apply to a judge of the Ontario Court (General Division) for an order directing the person to comply with the provision, and the judge may make the order or any other order the judge thinks fit.
Offence, use of title
55. (1) Every person who contravenes subsection 46 (1) or (2) or subsection 47 (1) or (2) (use of title) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence.
Offence, obstruct investigator
(2) Every person who contravenes subsection 32 (6) (obstruction of investigator) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
Offence, false representation
(3) Every person who makes a representation, knowing it to be false, for the purpose of having a certificate issued under this Act is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
Offence, assist in false representation
(4) Every person who knowingly assists a person in committing an offence under subsection (3) is guilty of an offence and on conviction is liable to a fine of not more than $10,000.
Offence, reports by employers, members
(5) Every person who contravenes section 41 (Employer's report, termination for misconduct, etc.), section 42 (Employer's report, member convicted of offence) or section 43 (Member's Report, sexual abuse by another member) is guilty of an offence and on conviction is liable to a fine of not more than $25,000.
Offence re preserving secrecy
(6) A person who contravenes subsection 50 (1) (Confidentiality) is guilty of an offence and on conviction is liable to a fine of not more than $25,000.
Review by Minister
56. (1) The Minister shall conduct a review of this Act within five years after this section comes into force.
Same
(2) The Minister shall,
(a) inform the public when a review under this section begins; and
(b) prepare a written report respecting the review and make that report available to the public.
PART X
TRANSITIONAL PROVISIONS, COMMENCEMENT AND SHORT TITLE
Appointment of transitional Council
57. (1) Despite any other provision of this Act, the Minister shall, on the terms determined by the Minister, appoint a transitional Council of the College to act as a transitional Council of the College until the first meeting of the first duly elected and appointed Council.
Composition
(2) The transitional Council shall be composed of an equal number of social workers and social service workers and such other persons as the Minister considers appropriate.
Registrar
(3) The transitional Council shall appoint a Registrar who shall act for the period beginning on the day set out in his or her appointment and ending when the first duly elected and appointed Council appoints a Registrar.
Powers and duties of transitional Council
(4) During the period mentioned in subsection (1), this Act and the Regulations and by-laws apply with respect to the transitional Council as if it were the Council.
Committees of transitional Council
58. The transitional Council may establish any committees that it from time to time considers necessary.
Initial certificate
59. (1) The Registrar appointed by the transitional Council or the Registrar appointed under subsection 9 (2), as the case may be, shall issue a certificate of registration for social work to an applicant if,
(a) his or her application and the fees prescribed by the by-laws are received by the College before the day that is two years after the day subsection 57 (1) is proclaimed in force; and
(b) the applicant has obtained a degree in social work from a social work program or an equivalent program, as prescribed by the regulations.
Same
(2) The Registrar appointed by the transitional Council or the Registrar appointed under subsection 9 (2), shall issue a certificate of registration for social service work to an applicant if,
(a) his or her application and the fees prescribed by the by-laws are received by the College before the day that is two years after the day subsection 57 (1) is proclaimed in force; and
(b) the applicant has obtained a diploma in social service work from a social service work program or an equivalent program, as prescribed by the regulations.
Defer application
(3) The Registrar appointed by the transitional Council may defer an application under this section for a certificate of registration until a Registrar is appointed under subsection 9 (2) if, based on the past conduct or actions of the applicant, the Registrar has reasonable grounds to believe that the applicant will not perform his or her duties as a social worker or a social service worker, as the case may be, in accordance with the law, including, but not limited to, this Act, the regulations and the by-laws.
Same
(4) Before deferring an application under subsection (3), the Registrar shall give the applicant,
(a) notice of his or her intention to defer the application; and
(b) at least 14 days to make written submissions to the Registrar as to why that action should not be taken.
Same
(5) The Registrar need not hold a hearing or afford any person an opportunity to make oral or written submissions, other than as provided in this section, before deferring an application under this section.
Revoke certificate
60. (1) The Registrar appointed by the transitional Council may revoke a certificate of registration issued under section 59 if he or she has reasonable grounds to believe that the past conduct or actions of the member in the course of his or her practice exposes or is likely to expose a person or persons to harm or injury.
Same
(2) Before revoking a certificate under subsection (1), the Registrar shall give the member,
(a) notice of his or her intention to revoke the certificate; and
(b) at least 14 days to make written submissions to the Registrar as to why that action should not be taken.
Same
(3) Clause (2) (b) does not apply with respect to the revocation of a certificate of registration if the Registrar believes that the delay would be inappropriate in view of the risk of harm or injury to a person or persons.
Same
(4) The Registrar need not hold a hearing or afford any person an opportunity to make oral or written submissions, other than as provided in this section, before revoking a certificate of registration under this section.
First election of Council
61. The transitional Council shall hold the election for the elected members of the first duly elected and appointed Council within one year after the transitional Council is appointed.
First annual meeting of members
62. The College shall hold the first annual meeting of the members of the College not more than 15 months after the first duly elected and appointed Council takes office.
Certificate without academic credentials
63. (1) During the period of two years following the day the first duly elected and appointed Council takes office, the Registrar shall issue a certificate of registration for social work to an applicant under subsection 18 (1) who does not satisfy the requirements of clause 18 (1) (b) (academic qualifications) if the applicant satisfies the Registrar that he or she has experience in performing the role of a social worker and meets the conditions prescribed by the regulations.
Same
(2) During the period of two years following the day the first duly elected and appointed Council takes office, the Registrar shall issue a certificate of registration for social service work to an applicant under subsection 18 (2) who does not satisfy the requirements of clause 18 (2) (b) (academic qualifications) if the applicant satisfies the Registrar that he or she has experience in performing the role of a social service worker and meets the conditions prescribed by the regulations.
Commencement
64. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
65. The short title of this Act is the Social Work and Social Service Work Act, 1998.
EXPLANATORY NOTE
The Bill establishes the Ontario College of Social Workers and Social Service Workers to govern the practice of social work and the practice of social service work.
Part I of the Bill contains general provisions relating to the objects, organization and administration of the College and its board of directors, the Council. The Part includes provisions respecting the relationship between the College and the Minister of Community and Social Services. Membership in the College is defined and annual meetings of the members are required.
Part II of the Bill sets out the powers and duties of the Registrar and the Registration Appeals Committee in relation to the registration of members of the College. The Part also provides for the keeping of a register and for suspension by the Registrar for failure to pay fees or to provide information required by the by-laws.
Part III of the Bill sets out the powers and duties of the Complaints Committee, the Discipline Committee and the Fitness to Practise Committee. The Complaints Committee is responsible for receiving complaints and referring them to the appropriate committee for consideration. The Discipline Committee is responsible for reviewing allegations of professional misconduct or incompetence and the Fitness to Practise Committee is responsible for reviewing allegations of incapacity.
Part IV of the Bill provides for procedures for relief from sanctions imposed on members of the College under the Bill.
Part V of the Bill permits appeals to the Divisional Court from decisions of the Registration Appeals Committee, the Discipline Committee or the Fitness to Practise Committee and sets out procedures for those appeals.
Part VI of the Bill permits the Registrar, in specified circumstances, to appoint an investigator to inquire into the conduct or actions of a member of the College.
Part VII provides authority to make regulations and by-laws.
Part VIII provides for reports to the College concerning members' conduct.
Part IX contains miscellaneous provisions, including limitations on the use of titles and offences.
Part X contains transitional provisions and the commencement and short title provisions.
Copyright © 1998
Office of the Legislative Assembly of Ontario
Toronto, Ontario, Canada.