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 |