HomeS.M. 2009, c. 31
Bill 9, 3rd Session, 39th Legislature
The Social Work Profession Act
| Back to the Act |
| PART 1 | |
| DEFINITIONS | |
| 1 | Definitions |
| PART 2 | |
| PRACTICE OF SOCIAL WORK | |
| 2 | Practice of social work |
| 3(1) | Representation as a social worker |
| (2) | Use of title |
| PART 3 | |
| MANITOBA COLLEGE OF SOCIAL WORKERS | |
| 4(1) | Institute continued as college |
| (2) | Powers of college |
| (3) | Membership |
| (4) | Objects of college |
| (5) | Meetings |
| (6) | Notice of meetings |
| (7) | Public meetings |
| 5(1) | Board |
| (2) | Powers of the board |
| 6(1) | Composition of the board |
| (2) | Public representatives |
| (3) | By-laws for election of members |
| 7(1) | Board officers |
| (2) | Remuneration |
| (3) | Registrar and staff |
| (4) | Committees |
| 8 | Roster of public representatives |
| PART 4 | |
| REGISTRATION | |
| REGISTERS | |
| 9(1) | Registers |
| (2) | Entry in the register of social workers |
| (3) | Entry in the register of students |
| (4) | Entry in the register of corporations |
| (5) | Access to information |
| APPLICATIONS FOR REGISTRATION | |
| 10(1) | Registration as a social worker |
| (2) | Registration as a student |
| (3) | Conditions |
| (4) | Entry in register |
| (5) | Certificate of registration |
| 11(1) | Registering existing practitioners without academic credentials |
| (2) | Registration may be renewed |
| 12 | Application for registration not approved |
| APPEAL | |
| 13(1) | Appeal to the board |
| (2) | Notice |
| (3) | Hearing |
| (4) | Right to appear |
| (5) | Documentation |
| (6) | Counsel to the board |
| (7) | Decision by the board |
| (8) | Notice of decision of appeal |
| 14(1) | Appeal to court |
| (2) | Appeal on record |
| (3) | Copy of documentation |
| (4) | Powers of court on appeal |
| CERTIFICATE OF PRACTICE | |
| 15(1) | Certificate of practice |
| (2) | Period of validity of certificate |
| CANCELLATION OF REGISTRATION | |
| 16(1) | Registration may be cancelled if fraud |
| (2) | Registration may be cancelled if member convicted |
| (3) | Appeal |
| CERTIFICATION BY COLLEGE ONLY | |
| 17 | Social worker certification by college only |
| PART 5 | |
| PROFESSIONAL CORPORATIONS | |
| 18 | Professional corporation may practise |
| 19(1) | Corporate permit |
| (2) | Refusal to issue or renew permit |
| (3) | Notice of refusal |
| (4) | Appeal to board |
| (5) | Validity of permit |
| 20(1) | Business without permit prohibited |
| (2) | Restriction on business of professional corporation |
| (3) | Interpretation of business restriction |
| (4) | Validity of corporate act |
| 21(1) | Voting agreements void |
| (2) | Unanimous shareholders' agreements void |
| 22 | Notification of changes |
| 23(1) | Application of Act, etc. |
| (2) | Obligations to clients not diminished |
| (3) | Liability of member |
| (4) | Liability of voting shareholders |
| (5) | Effect of member's conduct on professional corporation |
| (6) | Member's practice restrictions apply to corporation |
| 24(1) | Grounds for suspension or cancellation of permit |
| (2) | Limitation |
| (3) | Alternative to cancellation or suspension |
| PART 6 | |
| CONTINUING COMPETENCE | |
| 25 | Continuing competence program |
| PART 7 | |
| COMPLAINTS | |
| 26 | Definitions |
| COMPLAINTS COMMITTEE | |
| 27(1) | Complaints committee |
| (2) | Public representatives |
| 28(1) | Complaints against members |
| (2) | Complaints against former members |
| 29(1) | Referral to complaints committee |
| (2) | Notice of referral |
| 30(1) | Informal resolution |
| (2) | Investigation |
| (3) | Records and information |
| (4) | Failure to produce records |
| (5) | Investigation of other matters |
| (6) | Report to the complaints committee |
| DECISION OF COMPLAINTS COMMITTEE | |
| 31(1) | Decision of complaints committee |
| (2) | Matter not resolved by mediation |
| (3) | Decision given to member and complainant |
| (4) | Hearing not required |
| 32(1) | Conditions on right to practise |
| (2) | Costs |
| CENSURE | |
| 33(1) | Personal appearance |
| (2) | Publication of censure |
| (3) | Order for costs |
| VOLUNTARY SURRENDER OF REGISTRATION | |
| 34(1) | Voluntary surrender of registration |
| (2) | Order for costs |
| 35 | Conditions on reinstatement |
| APPEAL BY COMPLAINANT | |
| 36(1) | Appeal by complainant to board |
| (2) | Notice |
| (3) | Power on appeal |
| (4) | Notice of decision |
| (5) | Hearing not required |
| SUSPENSION OF REGISTRATION PENDING DECISION | |
| 37(1) | Suspension of registration pending decision |
| (2) | Notice of suspension or conditions |
| 38 | Application for stay |
| MISCELLANEOUS | |
| 39 | Referral to inquiry committee |
| 40 | Disclosure of information to authorities |
| INQUIRY COMMITTEE | |
| 41(1) | Inquiry committee |
| (2) | Public representatives |
| 42(1) | Selection of panel |
| (2) | Composition |
| (3) | Exclusion from panel |
| (4) | Effect of member being unable to continue |
| HEARINGS | |
| 43(1) | Hearing |
| (2) | Date of hearing |
| (3) | Notice of hearing |
| (4) | Public notice of hearing |
| 44(1) | Right to appear and be represented |
| (2) | Adjournments |
| (3) | Recording of evidence |
| 45(1) | Member may examine documentary evidence |
| (2) | Member to provide documentary evidence |
| (3) | Evidence of expert without report |
| (4) | Failure to provide summary |
| 46 | Investigation of other matters |
| 47(1) | Hearing open to public |
| (2) | Request for private hearing |
| (3) | When private hearing may be held |
| (4) | Reasons for excluding the public to be available |
| 48(1) | Evidence |
| (2) | Power to administer oaths |
| 49(1) | Witnesses |
| (2) | Notice to attend and produce records |
| (3) | Registrar to provide notices |
| (4) | Witness fees |
| (5) | Failure to attend or give evidence |
| 50 | Hearing in absence of member |
| DECISION OF PANEL | |
| 51 | Findings of panel |
| 52(1) | Orders of panel |
| (2) | Panel may consider past censure |
| (3) | Ancillary orders |
| (4) | Costs when conditions imposed |
| (5) | Contravention of order |
| 53(1) | Costs and fines |
| (2) | Nature of costs |
| (3) | Failure to pay costs and fines by time ordered |
| (4) | Filing of order |
| 54(1) | Written decision |
| (2) | Decision forwarded to registrar |
| (3) | Service of decision |
| (4) | Copies of transcript |
| 55 | Publication of decision |
| APPEAL TO COURT OF APPEAL | |
| 56(1) | Appeal to Court of Appeal |
| (2) | Commencement of appeal |
| (3) | Appeal on the record |
| 57 | Powers of Court on appeal |
| 58 | Stay pending appeal |
| REINSTATEMENT | |
| 59 | Reinstatement |
| PART 8 | |
| REGULATIONS, BY-LAWS AND CODE OF ETHICS | |
| 60(1) | Regulations |
| (2) | Approval of regulations |
| 61(1) | By-laws |
| (2) | By-laws available |
| (3) | Amendments and repeal of by-laws |
| 62 | Code of ethics |
| PART 9 | |
| GENERAL PROVISIONS | |
| PRACTICE AUDITORS | |
| 63(1) | Appointment of practice auditors |
| (2) | Review of a member's practice |
| 64(1) | Entry of premises and inspection of records |
| (2) | Admissibility of copies |
| (3) | Entry with order |
| (4) | Obstruction of practice auditor |
| SERVICE OF DOCUMENTS | |
| 65(1) | Service of documents |
| (2) | Deemed receipt |
| REGISTRAR'S CERTIFICATE | |
| 66 | Registrar's certificate |
| PROOF OF CONVICTION | |
| 67 | Proof of conviction |
| OFFENCES | |
| 68(1) | Offence |
| (2) | Offence re confidentiality of information |
| (3) | Fraudulent representation on application for registration |
| (4) | Offence by employer |
| (5) | Time limit for prosecution |
| (6) | Prosecution of offence |
| (7) | Stay of proceedings |
| 69 | Single act of unauthorized practice |
| PROTECTION FROM LIABILITY | |
| 70 | Protection from liability |
| CONFIDENTIALITY OF INFORMATION | |
| 71 | Confidentiality of information |
| INJUNCTION | |
| 72 | Injunction |
| DUTY OF MEMBERS TO REPORT | |
| 73(1) | Duty of members to report |
| (2) | Exemption from liability for disclosure |
| EMPLOYER'S RESPONSIBILITY | |
| 74(1) | Employer's responsibility to ensure registration |
| (2) | Responsibility to report misconduct |
| PART 10 | |
| CONSEQUENTIAL AMENDMENTS | |
| 75 | Consequential amendment, C.C.S.M. c. Y50 |
| 76 | Consequential amendment to unproclaimed Act |
| PART 11 | |
| TRANSITIONAL, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 77(1) | Transitional board of the college |
| (2) | Powers of transitional board |
| (3) | Registration in transitional period |
| (4) | Powers of minister |
| (5) | Transitional board to comply with minister's request |
| (6) | Lieutenant Governor in Council regulations |
| (7) | Authority |
| 78 | Transition after Act in force |
| 79 | Repeal |
| 80 | C.C.S.M. reference |
| 81(1) | Coming into force |
| (2) | Coming into force: section 77 |
| Back to the Act |
