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The Social Work Profession Act

S.M. 2009, c. 31

Bill 9, 3rd Session, 39th Legislature

The Social Work Profession 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