Date: April 1, 2015
RSM 1990, c. 96
The Manitoba Institute of Registered Social Workers Incorporation Act
WHEREAS the persons hereinafter named were, together with other persons, members of an unincorporated association known as The Manitoba Association of Social Workers, and, by their petition, prayed that The Manitoba Institute of Registered Social Workers should be incorporated: Leon Glassco and David L. Schellenberg, both of The City of St. Boniface, Lloyd Dewalt, Ronald H. C. Hooper, Edward S. Moscovitch, Baird Poskanzer, Patricia Wooley, Theresa Chatelain, Ann DuMoulin, Lottie J. Culham, Mary Jane McIntyre, all of The City of Winnipeg, and Graeme S. Simpson, of the Town of Dauphin, all of the Province of Manitoba, all being social workers;
AND WHEREAS their prayer was granted, and resulted in the enactment of An Act to incorporate The Manitoba Institute of Registered Social Workers, assented to April 27, 1966;
AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Manitoba Institute of Registered Social Workers (hereinafter referred to as "the institute") is continued as a corporation consisting of those persons who were members on the coming into force of this Act and such other persons as become members.
The head office of the institute shall be at such place in Manitoba as may be determined from time to time by the by-laws of the institute.
The objects of the institute shall be to improve and promote the knowledge, efficiency and ability of its members so as to ensure that the public at all times receives the services of proficient and competent social workers of high ethical standards, and to do all such lawful things as are incidental or conducive to the attainment of such objects.
The institute shall have the power to acquire by purchase, grant, donation, gift or otherwise, and to own, hold, control or receive income from, or lease or deal with, property of every nature and description whether real or personal and wheresoever situated; and to alienate, exchange, mortgage, lease or otherwise dispose of such property or any part thereof as occasion may require.
The institute may from time to time borrow from a chartered bank or from any other person or corporation such sums of money as may be required for the attainment of the objects of the institute and give promissory notes or other evidence of debts in connection therewith and may assign, mortgage or pledge any of its property or assets to secure the repayment of any money borrowed.
The institute may invest any funds and money of the institute in any securities or investments in which a trustee may invest money under the provisions of The Trustee Act.
The institute may at any meeting thereof make rules, regulations, or by-laws or amend, repeal or re-enact any by-law, rule or regulation to accomplish its object; provided only, that such enactment, repeal, amendment, or re-enactment is done in accordance with the rules of procedure as outlined in the rules, regulations or by-laws of the institute.
The management of the institute shall be vested in a board of directors (hereinafter referred to as "the board") elected by it in accordance with the by-laws, and the board may exercise all the powers of the institute except where otherwise required by its by-laws, and such powers shall include, without limiting the generality of the foregoing, the following:
(a) the management of the property and affairs of the institute;
(b) the collecting of annual and other fees in amounts as fixed by the institute from time to time.
The board may make regulations
(a) prescribing the proofs to be furnished as to education, good character and experience;
(b) prescribing the subjects for examination of candidates for registration as registered social workers and the fees to be paid on examinations and registration;
(c) relating to examinations and the duties and functions of examiners;
(d) delegating to a central examining body all or any of the powers possessed by the board in respect of the examination of persons applying for membership and registration under this Act; and
(e) respecting such other matters as the board considers necessary or advisable for the more effectual discharge of its functions or exercise of its powers.
Every person is eligible to be a member of the institute and to be registered by the institute as a registered social worker who has passed any examination or has met all other conditions consistent with the objects of this Act and the by-laws of the institute, as prescribed by the board, and who produces
(a) evidence of a Bachelor of Social Work degree or a Master of Social Work degree, provided that such degrees were issued by a university or college which is accredited by the Council of Social Work Education or in the opinion of the head of the Faculty of the School of Social Work of The University of Manitoba, is an accredited university or college; or
(b) evidence which, in the opinion of the board, is equivalent to the academic status referred to in clause (a).
The "Council of Social Work Education" referred to in subsection (1) means such body as may exist from time to time and is in the opinion of the board and the Canadian Association of Social Workers a body competent to determine accreditation of a university or college in granting degrees in the field of social work.
The board shall register and shall issue a certificate of registration to every member of the institute and such member shall be entitled to practise as a "Registered Social Worker" during the currency of such certificate.
Every certificate of registration expires on December 31 next following the issue thereof.
Upon production of a certificate of registration for any year and payment of the prescribed fee, the board shall issue to the member named in the certificate a new certificate of registration for the next following year, unless the certificate produced is under suspension or has been cancelled.
Every member to whom a certificate of registration has been issued shall cause the certificate of registration to be displayed in his or her usual place of employment.
Every member of the institute who is in good standing is entitled to use the designation "Registered Social Worker" or the initials "R.S.W." in English or "travailleur social inscrit" or the initials "T.S.I." in French, after his or her name.
The board shall cause to be kept a record in which shall be entered the names of all persons who have been registered, together with such other records and particulars as the board may require, and only those persons whose names are entered in the record are members of the institute and are entitled to practise as "Registered Social Workers".
The record shall be open to inspection at the place designated by the board during regular business hours by any person free of charge.
A list certified by the secretary of the institute is prima facie evidence in every court of the province, and before all persons, that the persons whose names are listed thereon are members of the institute in good standing.
Where the board, after due inquiry, finds that a member is guilty of unprofessional conduct, it may
(a) reprimand the member; or
(b) suspend the registration of the member for such period as it considers necessary; or
(c) cancel the registration of the member.
The board shall not suspend or cancel the certificate of registration of a member unless such member has been given at least 30 days' notice in writing of the specific charge, by whom made, and the time and place at which such charge will be considered by the board, at which time the board may hear evidence on oath and the member shall be entitled to be heard and to be represented by counsel.
Upon the cancellation or suspension of a certificate of registration of a member, that member shall cease to be entitled to use the designation "Registered Social Worker" or to be entitled to any of the privileges conferred upon a "Registered Social Worker" by this Act unless he or she is reinstated.
If a majority of the members of the board are satisfied that the reasons for the cancellation or suspension of a certificate of registration have ceased to exist or that a person whose registration has been suspended or cancelled is a fit and proper person to be reinstated, the board may rescind the order of cancellation or suspension and the person shall immediately thereafter be entitled to reinstatement.
Any applicant who is denied membership in the institute or any member whose certificate of registration has been cancelled or suspended by the board may appeal from the decision of the board to a judge of the Court of Queen's Bench at any time within 30 days from the date that such decision came to the notice of any such member, and the appeal shall be a hearing de novo.
The judge hearing an appeal under subsection (1) may
(a) dismiss the appeal; or
(b) allow the appeal and make such order including the question of costs as to him or her seems just.
Except as hereinafter provided, no person who is not registered as a registered social worker under this Act shall practise in the Province of Manitoba as a registered social worker or hold himself or herself out to be a registered social worker.
No person who is not registered under this Act shall take or use the designation "Registered Social Worker" or the initials correspondent to that designation or any abbreviations or any words alone or in combination, to imply that the person is registered or entitled to be registered under this Act.
Any person who obtains or attempts to obtain a certificate of registration by making any false or fraudulent representation or declaration, either orally or in writing, and any person who knowingly assists in the making of such a misrepresentation or declaration, is guilty of an offence.
Every person who is guilty of an offence under this Act is liable, on summary conviction, to a fine of not less than $100. and not more than $200. and in addition may be ordered to pay the costs of prosecution.
NOTE: This Act replaces S.M. 1966, c. 104.