C.C.S.M. c. S169
The Social Work Profession Act
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Table of Contents
PART 1 | ||
DEFINITIONS | ||
1 | Definitions | |
PART 2 | ||
PRACTICE OF SOCIAL WORK | ||
2 | Practice of social work | |
3 | Representation as a social worker | |
(2) | Use of title | |
PART 3 | ||
MANITOBA COLLEGE OF SOCIAL WORKERS |
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4 | Institute continued as college | |
(2) | Powers of college | |
(3) | Membership | |
(4) | Objects of college | |
(5) | Meetings | |
(6) | Notice of meetings | |
(7) | Public meetings | |
5 | Board | |
(2) | Powers of the board | |
6 | Composition of the board | |
(2) | Public representatives | |
(3) | By-laws for election of members | |
7 | Board officers | |
(2) | Remuneration | |
(3) | Registrar and staff | |
(4) | Committees | |
8 | Roster of public representatives | |
PART 4 | ||
REGISTRATION | ||
REGISTERS | ||
9 | 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 | Registration as a social worker | |
(2) | Registration as a student | |
(3) | Conditions | |
(4) | Entry in register | |
(5) | Certificate of registration | |
11 | Registering existing practitioners without academic credentials | |
(2) | Registration may be renewed | |
12 | Application for registration not approved | |
APPEAL | ||
13 | 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 | Appeal to court | |
(2) | Appeal on record | |
(3) | Copy of documentation | |
(4) | Powers of court on appeal | |
CERTIFICATE OF PRACTICE | ||
15 | Certificate of practice | |
(2) | Period of validity of certificate | |
CANCELLATION OF REGISTRATION | ||
16 | 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 | Corporate permit | |
(2) | Refusal to issue or renew permit | |
(3) | Notice of refusal | |
(4) | Appeal to board | |
(5) | Validity of permit | |
20 | Business without permit prohibited | |
(2) | Restriction on business of professional corporation | |
(3) | Interpretation of business restriction | |
(4) | Validity of corporate act | |
21 | Voting agreements void | |
(2) | Unanimous shareholders' agreements void | |
22 | Notification of changes | |
23 | 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 | 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 | Complaints committee | |
(2) | Public representatives | |
28 | Complaints against members | |
(2) | Complaints against former members | |
29 | Referral to complaints committee | |
(2) | Notice of referral | |
30 | 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 | Decision of complaints committee | |
(2) | Matter not resolved by mediation | |
(3) | Decision given to member and complainant | |
(4) | Hearing not required | |
32 | Conditions on right to practise | |
(2) | Costs | |
CENSURE | ||
33 | Personal appearance | |
(2) | Publication of censure | |
(3) | Order for costs | |
VOLUNTARY SURRENDER OF REGISTRATION |
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34 | Voluntary surrender of registration | |
(2) | Order for costs | |
35 | Conditions on reinstatement | |
APPEAL BY COMPLAINANT | ||
36 | Appeal by complainant to board | |
(2) | Notice | |
(3) | Power on appeal | |
(4) | Notice of decision | |
(5) | Hearing not required | |
SUSPENSION OF REGISTRATION PENDING DECISION |
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37 | 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 | Inquiry committee | |
(2) | Public representatives | |
42 | Selection of panel | |
(2) | Composition | |
(3) | Exclusion from panel | |
(4) | Effect of member being unable to continue | |
HEARINGS | ||
43 | Hearing | |
(2) | Date of hearing | |
(3) | Notice of hearing | |
(4) | Public notice of hearing | |
44 | Right to appear and be represented | |
(2) | Adjournments | |
(3) | Recording of evidence | |
45 | 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 | 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 | Evidence | |
(2) | Power to administer oaths | |
49 | 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 | Orders of panel | |
(2) | Panel may consider past censure | |
(3) | Ancillary orders | |
(4) | Costs when conditions imposed | |
(5) | Contravention of order | |
53 | Costs and fines | |
(2) | Nature of costs | |
(3) | Failure to pay costs and fines by time ordered | |
(4) | Filing of order | |
54 | 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 | 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 |
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60 | Regulations | |
(2) | Approval of regulations | |
61 | By-laws | |
(2) | By-laws available | |
(3) | Amendments and repeal of by-laws | |
62 | Code of ethics | |
PART 9 | ||
GENERAL PROVISIONS | ||
PRACTICE AUDITORS | ||
63 | Appointment of practice auditors | |
(2) | Review of a member's practice | |
64 | Entry of premises and inspection of records | |
(2) | Admissibility of copies | |
(3) | Entry with order | |
(4) | Obstruction of practice auditor | |
SERVICE OF DOCUMENTS | ||
65 | Service of documents | |
(2) | Deemed receipt | |
REGISTRAR'S CERTIFICATE | ||
66 | Registrar's certificate | |
PROOF OF CONVICTION | ||
67 | Proof of conviction | |
OFFENCES | ||
68 | 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 | Duty of members to report | |
(2) | Exemption from liability for disclosure | |
EMPLOYER'S RESPONSIBILITY | ||
74 | Employer's responsibility to ensure registration | |
(2) | Responsibility to report misconduct | |
PART 10 | ||
CONSEQUENTIAL AMENDMENTS | ||
75 and 76 | [amendments to other Acts] | |
PART 11 | ||
TRANSITIONAL, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE |
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77 | 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 | Coming into force | |
(2) | Coming into force: section 77 |
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