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S.M. 2009, c. 31
Bill 9, 3rd Session, 39th Legislature
The Social Work Profession Act
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(Assented to October 8, 2009)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The following definitions apply in this Act.
"board" means the board of the college. (« conseil »)
"by-laws" means the by-laws of the college made under section 61. (« règlements administratifs »)
"certificate of practice" means a certificate of practice issued under section 15. (« certificat d'exercice »)
"certificate of registration" means a certificate of the college which certifies that the individual named on it is entered in a register. (« certificat d'inscription »)
"college" means the Manitoba College of Social Workers. (« Ordre »)
"court" means the Court of Queen's Bench. (« tribunal »)
"member" means an individual whose name is entered in the register of social workers. (« membre »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"permit" means a document issued by the registrar under subsection 19(1) certifying that the corporation named in the document is authorized to provide professional services in the province for the period specified in the document. (« permis »)
"professional corporation" means a corporation holding a valid permit. (« cabinet de travailleurs sociaux à responsabilité limitée »)
"professional services" means services within the practice of social work, as it is described in section 2. (« services professionnels »)
"public representative" means an individual who
(a) is not and has never been registered under this Act; and
(b) is appointed under section 6, 27 or 41, or named in a roster established under section 8, as a public representative. (« représentant du public »)
"register" means a register established under subsection 9(1). (« registre »)
"registrar" means the registrar of the college appointed under subsection 7(3). (« registraire »)
"regulations" means the regulations made under section 60. (« règlements »)
"social worker" means an individual whose name is entered in the register of social workers. (« travailleur social »)
"student" means an individual whose name is entered in the register of students. (« étudiant »)
"voting share", in relation to a corporation, means a share of its capital stock that entitles the holder to vote in any election of directors of the corporation. (« action avec droit de vote »)
"voting shareholder", in relation to a corporation, means a person who owns a voting share of the corporation or is a voting shareholder of another corporation that owns a voting share of the corporation. (« actionnaire avec droit de vote »)
PRACTICE OF SOCIAL WORK
The practice of social work is the application of social work knowledge, skills, values and practice methods in a person-in-environment context, with the following objectives:
(a) to accomplish the core functions of social work, including
(i) helping people obtain services relating to their basic human needs,
(ii) counselling of individuals, families and groups, and
(iii) helping communities and groups provide or improve social and health services;
(b) to assess, remediate and prevent social problems encountered by individuals, families and communities;
(c) to enhance individual, family and community social functioning.
No person except a social worker who holds a current certificate of practice shall
(a) represent or hold out, expressly or by implication, that he or she is a practising social worker or is entitled to engage in the practice of social work as a social worker; or
(b) use any sign, display, title or advertisement implying that he or she is a practising social worker.
No person except a social worker who holds a current certificate of practice shall use any of the following designations or abbreviated designations, a variation of any such designation or an equivalent in another language:
(a) "social worker" or "registered social worker";
(b) "S.W." or "R.S.W.".
MANITOBA COLLEGE OF SOCIAL WORKERS
The Manitoba Institute of Registered Social Workers, incorporated by a private Act of the Legislature, is continued as a body corporate to be known as the Manitoba College of Social Workers.
The college has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.
The membership of the college consists of the individuals whose names are entered in the register of social workers.
The objects of the college are to
(a) promote and increase the professional knowledge, skill and proficiency of its members as social workers;
(b) regulate and govern the professional conduct and discipline of its members, students and professional corporations, consistent with the principles of self-regulation and the public interest;
(c) promote and foster in the public a greater awareness of the importance of social work; and
(d) generally advance the professional interests of its members.
A general meeting of the college must be held at least once a year, and special general meetings of the college may be held when the board considers it advisable. In addition, on receiving a written request signed by at least 5% of the members of the college entitled to vote, the board must convene a special general meeting for the purpose specified in the request.
Notice of the time and place of each meeting referred to in subsection (5) must be given to members in accordance with the by-laws.
The college must
(a) permit members of the public to attend meetings of the college and the board, except where it considers that a private meeting is necessary in order to consider matters of a confidential nature or matters of a personal nature concerning an individual;
(b) make its by-laws available to the public; and
(c) hold public meetings, at times to be determined by the board, to explain the role of the college and to invite public comment.
There is hereby established a governing body of the college called the board.
The board must manage and conduct the business affairs of the college and may exercise the rights, powers and privileges of the college in the name of and on behalf of the college.
The board must consist of not fewer than 12 and not more than 15 persons who are members of the college, students or public representatives, with at least
(a) eight board members being residents of Winnipeg or elsewhere in the capital region;
(b) three board members being residents of other geographic regions of Manitoba; and
(c) one board member being a student.
At least four of the board members must be public representatives.
Members of the board must be elected in accordance with the by-laws.
The board must
(a) elect from its members a president and a vice-president; and
(b) appoint a secretary and a treasurer, or a secretary-treasurer, who may or may not also be a board member;
in the manner and for the terms specified in the by-laws.
The members of the board are to be paid such remuneration and expenses as the board may determine by by-law.
The board must appoint a registrar from among the members of the college and may appoint any other officers, investigators, practice auditors or staff that it considers necessary to perform the work of the college.
The board may establish any committees that it considers necessary.
The minister may appoint a roster of persons who are not — and have never been — registered under this Act, who may be appointed or elected as public representatives to the board under section 6, the complaints committee under section 27, or the inquiry committee under section 41.
The registrar must establish and maintain
(a) a register of social workers;
(b) a register of students;
(c) a register of corporations that have been issued permits; and
(d) any other registers that are provided for in the regulations.
An entry in the register of social workers under clause (1)(a) must include
(a) the social worker's name, business address and business telephone number;
(b) where applicable, the name and address of the professional corporation of the social worker;
(c) the restrictions, limitations or conditions to which the social worker is subject;
(d) a notation of every cancellation or suspension of his or her certificate of registration;
(e) the result of every disciplinary proceeding in which a panel has made a finding under section 51 in respect of the social worker; and
(f) any other information that the regulations require to be kept in the register.
An entry in the register of students under clause (1)(b) must include
(a) the student's name;
(b) the restrictions, limitations or conditions to which the student is subject; and
(c) any other information that the regulations require to be kept in the register.
An entry in the register of corporations under clause (1)(c) must include
(a) the corporation's name, business address and business telephone number;
(b) the names of the voting shareholders, the directors and the president of the corporation;
(c) any practice restrictions or other conditions imposed on the corporation's permit;
(d) a notation of every suspension or cancellation of the corporation's permit; and
(e) any other information that the regulations require to be kept in the register.
During normal business hours, a person may obtain the information contained in the register of corporations, or the following information contained in the register of members or the register of students:
(a) the information described in clauses (2)(a), (b) and (c) and clauses (3)(a) and (b);
(b) the information described in clause (2)(d) relating to a suspension that is in effect;
(c) the results of every disciplinary proceeding completed within six years before the register was prepared or last updated
(i) in which a social worker's certificate of registration was cancelled or suspended or had conditions imposed on it, or
(ii) in which a social worker was required to pay a fine or attend to be censured;
(d) information designated as public in the regulations.
APPLICATIONS FOR REGISTRATION
To qualify for registration as a social worker under this Act, an applicant must
(a) produce to the registrar satisfactory evidence that he or she
(i) has a bachelor's, master's or doctoral degree in social work, from a school or faculty of social work accredited by the Canadian Association of Schools of Social Work,
(ii) has successfully completed any other education program approved by the board,
(iii) has a combination of
(A) education or training, or both, and
(B) work or volunteer experience, or both,
that, in the opinion of the registrar after having considered any guidelines established by regulation under clause 60(1)(b), qualifies the person for registration, or
(iv) meets the requirements for registration set out in the regulations respecting applicants who are already certified by a regulatory body governing the profession of social work in another Canadian jurisdiction;
(b) provide the registrar with any other information required by the regulations;
(c) meet any other requirements for registration set out in the regulations; and
(d) pay the fees provided for in the by-laws.
To qualify for registration as a student under this Act, an applicant must
(a) produce to the registrar satisfactory evidence that he or she is enrolled in a social work education program that is approved by the board or that meets the requirements set out in the regulations;
(b) provide the registrar with any other information required by the regulations;
(c) meet any other requirements for registration set out in the regulations; and
(d) pay the fees provided for in the by-laws.
A registration may be made subject to any conditions that the registrar considers advisable and a member whose registration is subject to conditions must practise only in accordance with those conditions.
The registrar must enter in the appropriate register the name of a person whose application for registration is approved by the registrar.
Upon entering the name of a person in a register, the registrar must issue a certificate of registration to the person.
Despite subsection 10(1), during the period of three years after the day that this section comes into force, a person who does not possess the academic credentials specified in subclause 10(1)(a)(i) or (ii) is qualified for registration if he or she
(a) satisfies the registrar that he or she currently functions, or has recent experience functioning in, the role of a social worker;
(b) meets the requirements of clauses 10(1)(b) to (d); and
(c) meets any other requirements that may be specified in the regulations for registration under this section.
After the three-year period described in subsection (1) expires, a person who had been registered under that subsection may renew his or her registration, if he or she
(a) satisfies the registrar that he or she is currently functioning in the role of a social worker;
(b) meets the requirements of clauses 10(1)(b) to (d); and
(c) meets any other requirements that may be specified in the regulations for renewal under this section.
A registration that is renewed under this subsection may be further renewed under this subsection.
If the registrar does not approve an application for registration as a social worker or a student or approves such an application subject to conditions, the registrar must give notice to the applicant in writing, with reasons for the decision, and advise the applicant of the right to appeal the decision to the board.
A person whose application for registration as a social worker or a student is not approved by the registrar, or whose application is approved subject to conditions, may appeal the registrar's decision to the board.
An appeal is to be made by filing a written notice of appeal with the board within 30 days after the person receives notice of the registrar's decision under section 12. The notice must specify the reasons for the appeal.
Upon receiving a notice of appeal, the board must schedule an appeal hearing, which must be held within 90 days after it receives the notice. The board must give the applicant a written notice of the date, time and place of the hearing.
An applicant who appeals a decision of the registrar is entitled to appear, with or without counsel, and make representations to the board at the hearing.
The registrar must provide the board with a copy of the notice sent to the applicant under section 12 and with copies of the documents that he or she considered in reaching the decision being appealed.
The board may retain legal counsel to assist it.
The board must decide the appeal within 90 days after the hearing and may make any decision the registrar could have made.
The board must give the applicant written notice of its decision within 30 days after deciding the appeal.
A person whose application for registration as a social worker or a student is not approved by the board, or whose application is approved by the board subject to conditions, may appeal the decision to the court by filing a notice of appeal within 30 days after receiving notice of the board's decision under subsection 13(8).
An appeal must be founded on the record of the proceedings before the board.
At the request of the person appealing the board's decision, the registrar must give the person, at the person's expense, a certified copy of the record of proceedings and any documents that the board considered in making its decision.
Upon hearing the appeal, the court may
(a) make any decision that in its opinion should have been made; or
(b) refer the matter back to the board for further consideration in accordance with any direction of the court.
CERTIFICATE OF PRACTICE
The registrar must issue a certificate of practice to an individual whose name is entered in the register of social workers upon payment of the practising fees, or the practising renewal fees, provided for in the by-laws. The certificate of practice must state the type of practice and the date on which the certificate expires, and must refer to any conditions or limitations imposed.
Unless sooner cancelled, every certificate of practice issued under subsection (1) is valid only for the period indicated on it, but may be renewed in accordance with the regulations.
CANCELLATION OF REGISTRATION
If the registrar is satisfied on reasonable grounds that a person's registration has been obtained by means of a false or fraudulent representation or declaration, the registrar must report the matter to the board, and the board may direct the registrar to cancel the person's registration. The registrar must then cancel the registration and give the person written notice of that fact.
The board may direct the registrar to cancel the registration of a person who has been convicted of an offence that is relevant to his or her suitability to practise, but it must first notify the person that it intends to do so and give the member an opportunity to make representations.
A person whose registration is cancelled under this section may appeal the cancellation to the court, in which case section 14 applies with the necessary changes.
CERTIFICATION BY COLLEGE ONLY
No person or organization other than the college may certify an individual as a social worker or purport to give to an individual recognition or standing as a social worker.
A professional corporation may, through one or more members, provide professional services
(a) under its own name; or
(b) as a member of a general partnership of professional corporations or of professional corporations and members, under a name approved by the registrar in accordance with the by-laws.
Subject to subsection (2), the registrar must issue a permit or a renewal of a permit to a corporation if he or she is satisfied that
(a) the corporation is incorporated, formed by amalgamation or continued under The Corporations Act and is in good standing under that Act;
(b) the name of the corporation includes
(i) the words "social worker", "social workers", "registered social worker" or "registered social workers", or
(ii) the initials "S.W." or "R.S.W.";
(c) each voting share of the corporation is legally and beneficially owned by a member or a professional corporation;
(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is
(i) a voting shareholder of the corporation,
(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or
(iii) a corporation each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);
(e) each director of the corporation is a member;
(f) the president of the corporation is a member;
(g) each person through whom the corporation will be providing professional services is
(i) a member, or
(ii) an employee acting under the supervision of a member through whom the corporation will be providing professional services;
(h) the corporation has filed an application in the form prescribed by the board, and paid the fee prescribed by the board, for the permit or renewal of the permit; and
(i) all other requirements prescribed by the board for the issuance or renewal of the permit have been satisfied.
(a) must refuse to issue a permit to, or to renew the permit of, a corporation if the registrar is not satisfied by proper evidence that the corporation is eligible for the permit; and
(b) may refuse to issue a permit to, or to renew the permit of, a corporation if
(i) a permit issued to the corporation under this Act has been cancelled, or
(ii) a director, officer or shareholder of the corporation is or has been a director, officer or shareholder of a corporation whose permit under this Act has been cancelled.
If the registrar refuses to issue or renew a permit under subsection (2), the registrar must inform the corporation in writing of that decision and the reasons for it.
A corporation that is refused a permit or renewal of a permit under subsection (2) may appeal the registrar's decision to the board, which may confirm or vary the decision of the registrar.
Unless it is cancelled, surrendered or under suspension, a permit is valid for the period specified in the permit.
A corporation whose name contains the words "social worker", "social workers", "registered social worker", or registered social workers", or the initials "S.W." or "R.S.W." must not carry on any business in the province unless it holds a valid permit.
A professional corporation must not carry on any business or activity other than the provision of professional services authorized by the permit and the provision of other services directly associated with the provision of those services.
Subsections (1) and (2) must not be construed so as to prohibit a professional corporation from investing its own funds in real property, other than for development purposes, or in stocks, mutual funds, debt obligations, insurance, term deposits or similar investments.
No act of a corporation, including a transfer of property to or by the corporation, is invalid merely because it contravenes subsection (1) or (2).
An agreement or proxy that vests in a person who is not a member the authority to exercise any voting right attached to a share of a professional corporation is void.
A unanimous shareholders' agreement within the meaning of subsection 140(2) of The Corporations Act in respect of a professional corporation is void unless each shareholder of the corporation is a member or a professional corporation.
Every professional corporation must notify the registrar, within the time and in a form and manner prescribed by the board, of every change in the voting shareholders, the other shareholders, the directors or the president of the corporation.
This Act and the regulations, by-laws and code of ethics of the college apply to a member despite any relationship he or she may have with a professional corporation.
The fiduciary and ethical obligations of a member, and the obligations of a member respecting confidentiality, to a person receiving professional services
(a) are not diminished by the fact that the services are provided on behalf of a corporation; and
(b) apply equally to a corporation on whose behalf the services are provided and to its directors, officers and shareholders.
The liability of a member for a professional liability claim is not affected by the fact that the member is providing professional services on behalf of a corporation.
A person is jointly and severally liable with a professional corporation, or a corporation acting in contravention of subsection 20(1), for all professional liability claims made against the corporation in respect of errors or omissions that were made or occurred while the person was a voting shareholder of the corporation.
If the conduct of a member through whom a professional corporation was providing professional services at the time the conduct occurred is the subject of an investigation or inquiry,
(a) any power that may be exercised in respect of the member may be exercised in respect of the corporation; and
(b) the corporation is jointly and severally liable with the member for all fines and costs the member is ordered to pay.
Any restriction imposed on the practice of a member through whom a professional corporation provides professional services applies to the permit of the corporation in relation to its provision of professional services through that member.
Subject to subsection (2), a professional corporation's permit may be cancelled or suspended by the board if
(a) the corporation ceases to meet any of the requirements set out or referred to in subsection 19(1);
(b) the corporation contravenes any provision of this Act or of the regulations, by-laws or code of ethics of the college; or
(c) a member, in the course of providing professional services on behalf of the corporation, does or fails to do anything as a result of which he or she ceases to be a member in good standing.
A professional corporation's permit must not be cancelled or suspended by reason only of the fact that
(a) one or more shares of the corporation have vested in
(i) an executor or administrator of the estate of an individual as a consequence of the death of the individual, or
(ii) a trustee in bankruptcy on the bankruptcy of the owner of the shares,
unless the corporation is not providing professional services through any other member or the shares continue to be vested in the executor, administrator or trustee for a period of 180 days or any longer period allowed by the board;
(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;
(c) a member's right to practise has been temporarily suspended, unless
(i) the member remains a director or officer of the corporation more than 14 days after the commencement of the suspension, or
(ii) the corporation is not providing professional services through any other member; or
(d) an individual has ceased to be a member, for any reason other than the death or bankruptcy of the individual, unless
(i) the individual remains a director or officer of the corporation more than 14 days after ceasing to be a member,
(ii) the individual remains a voting shareholder of the corporation for more than 90 days after ceasing to be a member, or for any longer period allowed by the board, or
(iii) the corporation is not providing professional services through any other member.
Instead of suspending or cancelling the permit of a professional corporation, the board may do one or more of the following:
(a) reprimand the corporation or one or more directors or voting shareholders of the corporation;
(b) impose restrictions on the permit;
(c) impose a fine on the corporation, payable to the college, in an amount not exceeding $10,000.
The board must establish a continuing competence program to oversee the practice of social work. The program may provide for, but is not limited to,
(a) reviewing the professional competence of members;
(b) requiring members to participate in programs for ensuring competence; and
(c) conducting practice reviews in accordance with this Act.
The following definitions apply in this Part.
"conduct" includes an act or omission. (« conduite »)
"investigated member" means a member or former member of the college who is the subject of an investigation or whose conduct is the subject of a hearing under this Part. (« membre faisant l'objet de l'enquête »)
The board must appoint a complaints committee consisting of
(a) a member of the college who is to be the chair of the committee;
(b) one or more other members or former members of the college; and
(c) one or more public representatives.
At least 1/3 of the persons appointed to the complaints committee must be public representatives.
Any person may make a complaint in writing to the registrar about the conduct of a member, and the complaint must be dealt with in accordance with this Part.
If, after a member's registration is cancelled, suspended or not renewed under this Act,
(a) a complaint, or a referral under clause 29(1)(b), is made about the former member; and
(b) the complaint or referral relates to conduct occurring before the cancellation, suspension or non-renewal;
the complaint or referral may, despite the cancellation, suspension or non-renewal, be dealt with within five years after the date of the cancellation, suspension or non-renewal as if the former member's registration were still in effect.
The registrar must refer to the complaints committee
(a) a complaint made under section 28; and
(b) any other matter that the registrar considers appropriate.
Upon referring a matter to the complaints committee, the registrar must give notice of the referral to the investigated member.
Upon receiving a referral of a complaint or other matter, the complaints committee may attempt to resolve it informally if the committee considers that to be appropriate.
If informal resolution of a complaint is attempted and the complaint is not resolved to the complainant's satisfaction, the complaints committee must direct that an investigation into the conduct of the member be held and must appoint an investigator to conduct the investigation. In addition, the committee may direct an investigation and appoint an investigator in respect of any complaint or other matter that is referred to it, if the committee considers it appropriate to do so.
An investigator appointed under subsection (2) may
(a) require the investigated member or any other member to produce to the investigator any records in his or her possession or under his or her control that may be relevant to the investigation;
(b) require the investigated member or any other member to be interviewed for the purpose of the investigation; and
(c) direct that an inspection or audit of the investigated member's practice be conducted.
The college may apply to the court for an order
(a) directing any member to produce to the investigator any records in his or her possession or under his or her control, if it is shown that the member failed to produce them when required to do so by the investigator; or
(b) directing any person to produce to the investigator any records in his or her possession or under his or her control that are or may be relevant to the complaint being investigated.
The investigator may investigate any other matter related to the professional conduct or the skill in practice of the investigated member that arises in the course of the investigation.
Upon concluding the investigation, the investigator must report his or her findings to the complaints committee.
DECISION OF COMPLAINTS COMMITTEE
The complaints committee may, after attempting informal resolution or after an investigation,
(a) direct that the matter be referred, in whole or in part, to the inquiry committee;
(b) direct that the matter not be referred to the inquiry committee;
(c) accept the voluntary surrender of the member's registration;
(d) censure the member if
(i) at least one member of the committee has met with the member and the member has agreed to accept the censure, and
(ii) the committee has determined that no action is to be taken against the member other than censure;
(e) refer the matter to mediation if the committee determines that the complaint is strictly a matter of concern to the complainant and the member and both parties agree to mediation; or
(f) enter into an agreement with the member that provides for one or more of the following:
(i) assessing the member's capacity or fitness to practise social work,
(ii) counselling or treatment of the member,
(iii) monitoring or supervising the member's practice of social work,
(iv) the member's completing a specified course of studies by way of remedial training,
(v) placing conditions on the member's right to practise social work.
If a matter referred for mediation under clause (1)(e) cannot be resolved, it must be referred back to the complaints committee, which may make any other decision under subsection (1) that it considers appropriate.
The complaints committee must give to the member and the complainant a written notice setting out its decision and the reasons for the decision.
The complaints committee is not required to hold a hearing or give any person an opportunity to appear or make formal submissions before making a decision under this section.
If the complaints committee enters into an agreement with a member for conditions on the member's right to practise social work under subclause 31(1)(f)(v), those conditions may include the conditions referred to in section 35.
The complaints committee may order the member to pay all or part of the costs incurred by the college in monitoring compliance with conditions imposed on his or her right to practise social work under an agreement entered into under subclause 31(1)(f)(v). It may also order the member to pay all or part of the costs of the investigation.
The complaints committee may require a member who is censured under clause 31(1)(d) to appear personally before the committee to be censured.
The complaints committee may publish the fact that a member has been censured, and publication may include the member's name and a description of the circumstances that led to the censure.
The complaints committee may order a member who is censured to pay all or part of the costs of the investigation.
VOLUNTARY SURRENDER OF REGISTRATION
If the complaints committee accepts the voluntary surrender of a member's registration under clause 31(1)(c), it may direct the member to do one or more of the following, to the satisfaction of any person or committee that the complaints committee may determine, before the member's right to practise social work may be reinstated:
(a) obtain counselling or treatment;
(b) complete a specified course of studies;
(c) obtain supervised experience.
The complaints committee may direct the member to pay all or part of the costs incurred by the college in monitoring compliance with a direction given under subsection (1), and to pay all or part of the costs of the investigation up to the time that the voluntary surrender takes effect.
A voluntary surrender remains in effect until the complaints committee is satisfied that the conduct or complaint that was the subject of the investigation has been resolved, at which time the committee may impose conditions on the member's entitlement to practise social work, including conditions that the member do one or more of the following:
(a) limit his or her practice;
(b) practise under supervision;
(c) report to the committee or the registrar on specific matters;
(d) comply with any other conditions that the committee considers appropriate in the circumstances;
and may order the member to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions.
APPEAL BY COMPLAINANT
When the complaints committee makes a decision under clause 31(1)(b), (d) or (f), the complainant may appeal the decision to the board.
An appeal is to be made by mailing a written notice of appeal to the registrar within 30 days after the date the complainant is given notice of the complaints committee decision under subsection 31(3).
On an appeal under this section, the board must do one or more of the following:
(a) make any decision that in its opinion ought to have been made by the complaints committee;
(b) quash, vary or confirm the decision of the complaints committee;
(c) refer the matter back to the complaints committee for further consideration in accordance with any direction that the board may make.
The board must give the member and the complainant a written notice setting out its decision and the reasons for the decision.
The board is not required to hold a hearing or to give any person an opportunity to appear or make oral submissions before making a decision under this section, but it must give the investigated member and the complainant an opportunity to make written submissions.
SUSPENSION OF REGISTRATION PENDING DECISION
Despite anything in this Act, the complaints committee may, when there is a question that a member's conduct exposes or is likely to expose the public to serious risk, direct the registrar to suspend the member's certificate of registration or place conditions on his or her practice of social work, pending the outcome of proceedings under this Part.
Upon receiving a direction under subsection (1), the registrar must promptly serve notice of the suspension or conditions of practice on the member and, where applicable, the member's employer.
The member may, by filing an application with the court and serving a copy on the registrar, apply for an order of the court staying a decision of the complaints committee to suspend the member's certificate of registration or place conditions on his or her practice under section 37, pending the outcome of proceedings under this Part.
Despite any other action it may have taken, with the exception of a censure, the complaints committee may at any time refer the conduct or complaint that was the subject of an investigation to the inquiry committee.
Despite any other provision of this Act, the complaints committee may disclose to a law enforcement authority any information respecting possible criminal activity on the part of a member that is obtained during an investigation into the member's conduct.
The board must appoint an inquiry committee consisting of
(a) a member of the college who is to be the chair of the committee;
(b) one or more other members of the college or former members of the college; and
(c) one or more public representatives.
At least 1/3 of the persons appointed to the inquiry committee must be public representatives.
Within 30 days after a matter is referred to the inquiry committee, the chair must select a panel from among the members of the inquiry committee to hold a hearing.
A panel is to be composed of at least three members, one of whom must be a public representative.
No person may be selected for a panel who has taken part in the review or investigation of what is to be the subject matter of the panel's hearing.
If a hearing has begun and a member of the panel is unable to continue to sit as a member, the panel may complete the hearing if at least three members remain and one of them is a public representative.
When a panel is selected, it must hold a hearing.
A hearing must begin within 120 days after the date on which the matter is referred to the inquiry committee, unless the investigated member consents in writing to a later date.
At least 30 days before the date of the hearing, the registrar must serve a notice of hearing on the investigated member and the complainant stating the date, time and place of the hearing and identifying in general terms the complaint or matter about which the hearing will be held.
The registrar may issue a public notice of the hearing in any manner he or she considers appropriate, but the notice must not include the name of the investigated member.
The college and the investigated member may appear and be represented by counsel at a hearing, and the panel may have counsel to assist it.
The chair of the panel may adjourn a hearing from time to time.
The oral evidence given at a hearing must be recorded.
Before the day of the hearing, the investigated member must be given an opportunity to examine any written or documentary evidence that will be produced and any report the contents of which will be given in evidence at the hearing.
If the member intends to rely on any written or documentary evidence or any report at the hearing, he or she must provide a copy of that evidence or report to the college before the day of the hearing.
If either the member or the college intends to call an expert as a witness at the hearing and there is no report from the expert, a summary of the expert's intended evidence, including his or her findings, opinions and conclusions, must be provided to the other party before the day of the hearing.
If the summary is not provided in accordance with subsection (3), the expert may testify at the hearing only with leave of the panel.
The panel may investigate and hear any other matter concerning the conduct of the investigated member that arises in the course of its proceedings. In that event, the panel must declare its intentions to investigate the further matter and must permit the member sufficient opportunity to prepare a response.
Unless otherwise provided in this section, a hearing of the panel must be open to the public, but there must be no reporting in the media of anything that would identify the investigated member, including the member's name, the business name of the member's practice or corporation, or the location of practice, unless and until the panel makes a finding under section 51.
The member or the college may request that the hearing or any part of it be held in private.
When a request is made under subsection (2), the panel may make an order excluding the public from the hearing or any part of it or directing that the member, the complainant, or any witness be identified only by initials, if the panel is satisfied that
(a) matters involving public security might be disclosed;
(b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public;
(c) a person involved in a criminal proceeding or a civil suit or proceeding may be prejudiced; or
(d) the safety of a person may be jeopardized.
The panel must ensure that an order it makes under subsection (3) and its reasons are either given orally at the hearing or made available to the public in writing.
At a hearing, the oral evidence of witnesses must be taken on oath, and the parties must have the right to cross-examine witnesses and call evidence in defence and reply.
For the purpose of an investigation or hearing under this Act, the registrar and the chair of the panel have the power to administer oaths.
Any person, other than the investigated member, who in the opinion of the panel has knowledge of the complaint or matter being heard is a compellable witness in any proceeding before the panel.
The attendance of witnesses before the panel and the production of records may be enforced by a notice issued by the registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the records, if any, that the witness is required to produce.
Upon the written request of the investigated member or his or her counsel or agent, the registrar must provide any notices that the member requires for the attendance of witnesses or the production of records.
A witness, other than the member, who has been served with a notice to attend or a notice for production under this section is entitled to be paid the same fees in the same manner as a witness in an action in court.
Proceedings for civil contempt of court may be brought against a witness
(a) who fails to attend before the panel in compliance with a notice to attend;
(b) who fails to produce any records in compliance with a notice to produce them; or
(c) who refuses to be sworn or to affirm or to answer any questions he or she is directed to answer by the panel.
The panel, upon proof of service on the investigated member of the notice of hearing, may
(a) proceed with the hearing in the absence of the member or his or her agent; and
(b) act, decide or report on the matter being heard in the same way as if the member were in attendance.
DECISION OF PANEL
If, at the conclusion of a hearing, the panel finds that the investigated member
(a) is guilty of professional misconduct;
(b) has contravened this Act or the regulations, by-laws or code of ethics of the college;
(c) has been found guilty of an offence that is relevant to the member's suitability to practise;
(d) has displayed a lack of knowledge or lack of skill or judgment in the practice of social work;
(e) has demonstrated an incapacity or unfitness to practise social work;
(f) is suffering from an ailment that might, if the member continues to practise, constitute a danger to the public; or
(g) is guilty of conduct unbecoming a member;
it must deal with the member in accordance with this Act.
If the panel makes any of the findings described in section 51, it may make one or more of the following orders:
(a) reprimand the member;
(b) suspend the member's certificate of registration for a stated period;
(c) suspend the member's certificate of registration until he or she has completed a specified course of studies or supervised practical experience, or both, to the satisfaction of any person or committee that the panel may determine;
(d) accept, in place of the suspension of the certificate of registration, the member's undertaking to limit his or her practice;
(e) impose conditions on the member's entitlement to practise social work, including conditions that he or she
(i) practise under supervision, or
(ii) report on specified matters to any person or committee that the panel may determine;
(f) require the member to satisfy a person or committee specified by the panel that a disability or addiction can be or has been overcome, and suspend the member's certificate of registration until the person or committee is satisfied;
(g) require the member to take counselling or treatment;
(h) cancel the member's certificate of registration.
To assist the panel in making an order under this section, the panel may be advised of any censure or order previously issued to the member and the circumstances under which it was issued.
The panel may make any ancillary order that is appropriate or required in connection with an order mentioned in subsection (1) or may make any other order that it considers appropriate in the circumstances, including an order that
(a) a further or new investigation be held into any matter; or
(b) a panel be convened to hear a complaint without an investigation.
If the panel imposes conditions on a member's entitlement to practise social work under clause (1)(e), it may also order the member to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions.
If the board is satisfied that a member has contravened an order made under subsection (1), it may, without a further hearing, cancel the member's certificate of registration.
The panel may, in addition to or instead of dealing with the member's conduct in accordance with section 52, order that the member pay to the college, within the time set by the order,
(a) all or part of the costs of the investigation, hearing and panel;
(b) a fine not exceeding $10,000; or
(c) both the costs under clause (a) and the fine under clause (b).
The costs referred to in subsection (1) may include, but are not limited to,
(a) all disbursements incurred by the college, including
(i) fees and expenses of experts, investigators and auditors whose reports or attendance were reasonably necessary for the investigation or hearing,
(ii) fees, travel costs and reasonable expenses of any witnesses required to appear at the hearing,
(iii) fees for retaining a reporter and preparing transcripts of the proceedings, and
(iv) costs of service of documents, long distance telephone and fax charges, courier delivery charges and similar miscellaneous expenses;
(b) payments made to members of the panel or the complaints committee; and
(c) costs incurred by the college in providing counsel for the college and the panel, whether or not counsel is employed by the college.
If the member is ordered to pay a fine or costs or both under subsection (1), or costs under subsection 52(4), and fails to pay within the time ordered, the registrar may suspend his or her certificate of registration until payment is made.
The college may file an order under subsection (1) in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court.
Within 90 days after the completion of a hearing, the panel must make a written decision on the matter consisting of the reasons for its decision and a statement of any order made by the panel.
The panel must forward to the registrar
(a) the written decision; and
(b) any record of the proceedings and all exhibits and documents.
Upon receiving the decision and record, the registrar must serve a copy of each on the member and the complainant.
The member may examine the record of proceedings before the panel and is entitled to receive, on payment of the cost of providing it, a transcript of the oral evidence given before the panel.
Despite the fact that any proceeding or part of a proceeding under this Part may have been held in private, the college may, after the decision and record have been served on the member, publish the circumstances relevant to the findings, and any order of the panel. If the panel makes an order against the member under section 52 or 53, the college may also publish the member's name.
APPEAL TO COURT OF APPEAL
A member in respect of whom a finding or order is made by a panel under section 51, 52 or 53 may appeal the finding or order to the Court of Appeal.
An appeal must be commenced by
(a) filing a notice of appeal; and
(b) giving a copy of the notice of appeal to the registrar;
within 30 days after the date on which the decision of the panel is served on the member.
An appeal must be founded on the record of the hearing before the panel and the decision of the panel.
Upon hearing the appeal, the Court of Appeal may
(a) make any finding or order that in its opinion ought to have been made;
(b) quash, vary or confirm the decision of the panel or any part of it; or
(c) refer the matter back to the panel for further consideration in accordance with any direction of the Court.
The decision and any order of the panel remains in effect pending an appeal unless the Court of Appeal, on application, stays the decision and any order pending the appeal.
The board may, on application by a person whose registration has been cancelled, direct the registrar to reinstate the person's name in the register, subject to any conditions that the board may impose, and may order the person to pay any costs arising from the imposition of the conditions.
REGULATIONS, BY-LAWS AND CODE OF ETHICS
The board may make regulations
(a) respecting registration under Part 4, including establishing the qualifications, experience and other requirements to be met by applicants for registration and for renewal and reinstatement of registration;
(b) establishing guidelines respecting the type and amount of education, training, work experience or volunteer experience, or any combination of two or more of them, that qualifies a person for registration as a social worker;
(c) for the purposes of clauses 11(1)(c) and 11(2)(c), respecting other requirements that an applicant for registration who does not possess the specified academic credentials must meet;
(d) respecting the establishment, content and maintenance of registers under section 9, and designating information contained in a register that may be made public;
(e) defining, by education, experience or otherwise, general or specialized areas of social work practice;
(f) respecting standards for the practice of social work;
(g) controlling the manner in which a member may describe his or her qualifications or profession and prohibiting the use of any term, title or designation that in the opinion of the board is calculated to mislead the public;
(h) respecting continuing competence programs;
(i) respecting requirements for members and professional corporations to carry professional liability insurance;
(j) respecting the cancellation of a member's registration for non-payment of fees and the reinstatement of a member's registration when outstanding fees are paid;
(k) respecting transitional matters in addition to those provided for in Part 11 of this Act;
(l) defining any word or phrase used but not defined in this Act;
(m) respecting any other matter that the board considers necessary or advisable to carry out the purposes of this Act.
A regulation under subsection (1) does not come into force until it is approved by
(a) a majority of the members of the college, voting in accordance with the by-laws; and
(b) the Lieutenant Governor in Council.
The board may make by-laws
(a) for the governance of the college and the management and conduct of its affairs;
(b) respecting the calling and conduct of meetings of the college and of the board, and the performance of duties by the board;
(i) the nomination, election and number of board members,
(ii) the filling of vacancies on the board, and on any committee established by the board,
(iii) the appointment of ex officio members and acting members of the board and any committee established by the board, and
(iv) the terms of office and the duties and functions of board members and committee members;
(d) for the purpose of subsection 6(1), defining the capital region and other geographic regions of Manitoba;
(e) respecting the nomination, election and number of officers of the college or the board, and prescribing their duties, functions and terms of office;
(f) providing for the appointment of an individual as an acting registrar, who has all of the powers, duties and functions of the registrar under this Act when the registrar is absent or unable to act or when there is a vacancy in the office of registrar;
(g) governing the number of members that constitute a quorum at meetings of the college, the board and any committee established by the board;
(h) governing the establishment, operation and proceedings of committees of the board, and the appointment and revocation of committee members;
(i) setting remuneration, fees and expenses payable to
(i) officers of the college or the board,
(ii) members of the board or of committees established by the board, or
(iii) employees of the college,
for attending to the business of the college;
(j) prescribing administrative or other fees related to registration payable by members and by applicants for registration, or the manner of determining such fees;
(k) prescribing the fees payable for a certificate of practice and the periodic renewal of a certificate of practice, or the manner of determining such fees;
(l) prescribing the form of a certificate of registration, certificate of practice or any other form or document that may be required for the purposes of this Act, the regulations or the by-laws;
(m) respecting the holding of votes on any matter relating to the college, including voting by mail or any other method;
(n) governing the registration of members, including
(i) the renewal, suspension, cancellation and reinstatement of membership, and
(ii) the imposition of limitations or conditions on membership;
(o) providing for classes of membership in the college, the restrictions and limitations on classes of members, and the qualifications required for such classes;
(p) governing certificates of practice;
(q) regulating and governing the duties, tasks, services and functions that may be performed by students, and the limitations, restrictions or conditions, if any, under which such duties, tasks, services and functions may be performed;
(r) governing the provision of professional services by professional corporations, including by-laws,
(i) respecting the application for and the issuance, expiry and renewal of permits, and providing for conditions that must be met before a permit may be issued or renewed,
(ii) respecting fees payable on application for a permit or renewal of a permit,
(iii) prescribing conditions or restrictions that may be imposed on permits,
(iv) respecting procedures for the issuance, renewal, suspension or cancellation of permits, or the imposition of restrictions on permits,
(v) respecting names by which professional corporations or partnerships referred to in section 18 may be known or under which they may provide professional services,
(vi) respecting notification of changes required under section 22;
(s) providing for the establishment of chapters of the college within Manitoba;
(t) providing for the affiliation of the college with any other body, corporate or unincorporated, having objects similar to those of the college;
(u) delegating to committees, officers, employees or agents of the board or college any of the duties, powers or privileges of the board, or of an officer, other than
(i) the power to make, amend or repeal by-laws, and
(ii) the duties of the registrar under subsection 9(1);
(v) respecting the use of commercial advertising by members and professional corporations;
(w) respecting any matter the board considers necessary or desirable for the promotion of the welfare of the college, its members and the profession, but only to the extent that such a by-law does not conflict with the college's duty to serve and protect the public interest.
By-laws are public documents and may be inspected by a member of the public at any time during the usual business hours of the college.
After notice is given in accordance with the by-laws, a by-law may be amended or repealed by a majority of the members of the college
(a) present and voting at a general meeting; or
(b) voting in a mail vote or by another method of voting conducted in accordance with the by-laws.
The college may, by resolution passed at a general meeting, adopt a code of ethics governing the conduct of members.
The board may appoint one or more practice auditors for the purposes of this Act and the regulations, by-laws and code of ethics of the college.
The practice auditor may review a member's practice and must report his or her findings to the registrar on the conclusion of each review.
For the purpose of enforcing and administering this Act and the regulations, by-laws and code of ethics of the college, a practice auditor may, at any reasonable time and, when requested, upon presentation of an identification card issued by the board,
(a) without a warrant, enter the office of a member and make such inspections as may be reasonably required to determine compliance with this Act and the regulations, by-laws and code of ethics of the college;
(b) require the production by the member of any record that the practice auditor reasonably considers necessary for the purpose of enforcing this Act and the regulations, by-laws and code of ethics of the college;
(c) inspect and, upon giving a receipt, remove records or things relevant to the inspection for the purpose of making copies or extracts; and
(d) remove substances and things for examination or test upon giving a receipt.
A copy of a record made under clause (1)(c) and certified to be a true copy by the practice auditor is, in the absence of evidence to the contrary, admissible in evidence in any proceeding or prosecution as proof of the original record and its contents.
When a justice is satisfied by information under oath that there are reasonable grounds for believing that it is necessary for a practice auditor to enter a building, vehicle or other place for the purpose of enforcing or administering this Act, the regulations, by-laws or the code of ethics, and
(a) a reasonable, unsuccessful effort to gain entry without the use of force has been made; or
(b) there are reasonable grounds for believing that entry would be denied without a warrant;
the justice may at any time, and if necessary upon application without notice, issue an order authorizing the practice auditor and such other persons as may be named in the order, with such peace officers as are required to assist, to enter the building, vehicle or other place and to take such action as a practice auditor may take under subsection (1).
No person shall obstruct a practice auditor or withhold from a practice auditor, or conceal or destroy, any records, documents, substances or things relevant to an audit.
SERVICE OF DOCUMENTS
A notice, order or other document under this Act or the regulations is sufficiently given or served if it is
(a) delivered personally; or
(b) sent by registered mail, or by another service that provides the sender with proof of delivery, to the intended recipient at that person's last address appearing in the records of the college.
A notice, order or other document sent by registered mail is deemed to be given or served five days after the day it was sent.
A certificate purporting to be signed by the registrar and stating that a named person was or was not, on a specified day or during a specified period,
(a) a member of the college; or
(b) an officer or investigator of the college, or a member of the board or of a committee established by or under this Act, the regulations or the by-laws;
is, in the absence of evidence to the contrary, admissible in evidence in all courts and tribunals as proof of the facts stated in it without proof of the registrar's appointment or signature.
PROOF OF CONVICTION
For the purpose of proceedings under this Act, a certified copy under the seal of the court or signed by the convicting judge or the clerk of the Provincial Court, of the conviction of a person for any crime or offence under the Criminal Code (Canada) or under any other Act or regulation is conclusive evidence that the person has committed the crime or offence stated, unless it is shown that the conviction has been quashed or set aside.
A person who contravenes a provision of this Act or the regulations, other than section 71 of this Act, is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000.
A person who contravenes section 71 is guilty of an offence and is liable on summary conviction to a fine of not more than $50,000.
A person who obtains, or attempts to obtain, registration as a member of the college under this Act by making a false or fraudulent representation or declaration, either orally or in writing, or a person who knowingly assists in making such a representation or declaration, is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000.
If the employer of a member knowingly permits the member to fail to comply with a condition of the member's certificate of registration, the employer is guilty of an offence and is liable on summary conviction to a fine of not more than $10,000.
A prosecution under this Act may not be commenced later than two years after the day the alleged offence was committed.
Any person may be a prosecutor or complainant in the prosecution of an offence under this Act, and the government may pay to the prosecutor a portion of any fine recovered, in the amount that it considers appropriate, toward the costs of the prosecution.
When the college is the prosecutor of an offence under this Act, it may apply for a stay of proceedings in the prosecution, and the court must grant the stay.
In any prosecution under this Act it is sufficient to prove that the accused has done or committed a single act of unauthorized practice, or has committed on one occasion any of the acts prohibited by this Act.
PROTECTION FROM LIABILITY
No action lies against the college, the board, the transitional board appointed under section 77, the registrar, a person conducting an investigation, a member of a committee established by or under this Act or the regulations or by-laws, or any employee, officer or person acting on the instructions of any of them, for anything done by the person in good faith in the performance or intended exercise of any power under this Act or the regulations or by-laws or for any neglect or default in the performance or exercise in good faith of such a duty or power.
CONFIDENTIALITY OF INFORMATION
Every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, must preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and must not communicate any information to another person, except
(a) to the extent the information is available to the public or is required to be disclosed under this Act;
(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;
(c) to a body that governs the practice of a health profession under an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act; or
(d) to a body that governs the practice of social work in a jurisdiction other than Manitoba.
The court, on application by the board, may grant an injunction enjoining any person from doing any act that contravenes Part 2, despite any penalty that may be provided by this Act in respect of that contravention.
DUTY OF MEMBERS TO REPORT
A member who believes that another member is suffering from a physical or mental condition or disorder of a nature or to an extent that
(a) the member is unfit to continue to practise; or
(b) the member's practice should be restricted;
must inform the registrar of that belief and the reasons for it.
A member who discloses information under subsection (1) is not subject to any liability as a result, unless it is established that the disclosure was made maliciously.
A person who employs another person as a social worker must ensure that the social worker is registered under this Act during the period of employment.
If a person who employs a social worker terminates the employment for misconduct, incompetence or incapacity, the employer must promptly report the termination to the registrar and give the social worker a copy of the report.
Section 1 of The Youth Drug Stabilization (Support for Parents) Act is amended by replacing clause (e) of the definition "addictions specialist" with the following:
(e) registered as a social worker under The Social Work Profession Act; or
The Schedule to The Fair Registration Practices in Regulated Professions Act, as enacted by S.M. 2007, c. 21, is amended by adding the following after item 7 under the heading "Other Professions":
Manitoba College of Social Workers
TRANSITIONAL, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
The Lieutenant Governor in Council may appoint a transitional board.
After this Act receives royal assent but before it comes into force, the transitional board and its employees and committees may do anything that is necessary or advisable to bring this Act into force and may perform any activities that the board and its employees and committees could do under this Act if it were in force.
Without limiting the generality of subsection (2), the transitional board may appoint a registrar, and the registrar and the transitional board's committees may accept and process applications for registration, charge application fees and issue certificates of registration and certificates of practice.
The minister may
(a) review the transitional board's activities and require the transitional board to provide reports and information;
(b) require the transitional board to make, amend or revoke a regulation under this Act; and
(c) require the transitional board to do anything that, in the opinion of the minister, is necessary or advisable to carry out the intent of this Act.
If the minister requires the transitional board to do anything under subsection (4), the transitional board must, within the time and in the manner specified by the minister, comply with the requirement and submit a report to the minister.
If the minister requires the transitional board to make, amend or revoke a regulation under clause (4)(b) and the transitional board does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation.
Subsection (6) does not give the Lieutenant Governor in Council authority to do anything that the transitional board does not have the authority to do.
After this Act comes into force, the transitional board is the board if it is constituted in accordance with subsections 6(1) and (2) or, if it is not, it is deemed to be the board until a new board is constituted in accordance with subsections 6(1) and (2).
The Manitoba Institute of Registered Social Workers Incorporation Act, R.S.M. 1990, c. 96, is repealed.
This Act may be referred to as chapter S169 of the Continuing Consolidation of the Statutes of Manitoba.
This Act, except section 77, comes into force on a day to be fixed by proclamation.
Section 77 comes into force on the day this Act receives royal assent.
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