Third Session, Thirty-Ninth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
Bill 9
THE SOCIAL WORK PROFESSION ACT
Section |
Table of Contents |
| 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 |