Social Work and Social Service Work Act, 1998

Bills that amended this Act0

No published amendment links yet for this Act.

Sections165

• 1Definitions

  1 In this Act, “by-laws” means the by-laws made under this Act; (“règlements administratifs”) “certificate of authorization” means a certificate of authorization issued under this Act authorizing the corporation named in it to practise social work or social service work; (“certificat d’autorisation”) “College” means the Ontario College of Social Workers and Social Service Workers; (“Ordre”) “Council” means the Council of the College, elected and appointed under section 4; (“conseil”) “Minister” means the Minister of Community and Social Services; (“ministre”) “professional corporation” means a corporation incorporated under the Business Corporations Act that holds a valid certificate of authorization issued under this Act; (“société professionnelle”) “regulations” means the regulations made under this Act. (“règlements”) 1998, c. 31, s. 1; 2000, c. 42, Sched., s. 41. Section Amendments w…

• 1.
• [s1]

  PART I COLLEGE

• PART I COLLEGE
• 2College established

  2 (1) The Ontario College of Social Workers and Social Service Workers is established. 1998, c. 31, s. 2 (1). Body corporate (2) The College is a body corporate without share capital and with all the powers of a natural person. 1998, c. 31, s. 2 (2). Non-application of certain Acts (3) The Not-for-Profit Corporations Act, 2010 and Corporations Information Act do not apply to the College. 1998, c. 31, s. 2 (3); 2010, c. 15, s. 244. Section Amendments with date in force (d/m/y) 2010, c. 15, s. 244 - 19/10/2021 Duty and objects

• 2.
• 3Duty to protect public interest

  3 (1) In carrying out its objects, the College’s primary duty is to serve and protect the public interest. 1998, c. 31, s. 3 (1). Objects (2) The College has the following objects: 1. To regulate the practice of social work and the practice of social service work and to govern its members. 2. To develop, establish and maintain qualifications for membership in the College. 3. To approve professional education programs offered by educational institutions for the purpose of applications for membership in the College. 4. To approve ongoing education programs for the purpose of continuing education for members of the College. 5. To provide for the ongoing education of members of the College. 6. To issue certificates of registration to members of the College and to renew, amend, suspend, cancel, revoke and reinstate those certificates. 7. To establish and enforce professional standards and eth…

• 3.
• 4Council

  4 (1) The College shall have a Council that shall be its governing body and board of directors and that shall manage and administer its affairs. 1998, c. 31, s. 4 (1). Composition of Council (2) The Council shall be composed of, (a) seven social workers who are members of the College and who are elected by the members of the College in accordance with the by-laws; (b) seven social service workers who are members of the College and who are elected by the members of the College in accordance with the by-laws; and (c) seven persons who are appointed by the Lieutenant Governor in Council. 1998, c. 31, s. 4 (2). Role of Registrar (3) The Registrar shall serve as secretary to the Council and has all the rights of participation at meetings of the Council that a Council member has, other than the right to vote. 1998, c. 31, s. 4 (3). Expenses and remuneration (4) The Minister shall pay to Counci…

• 4.
• 5Term of office

  5 (1) No term of an elected Council member shall exceed three years. 1998, c. 31, s. 5 (1). Multiple terms (2) A person may be a Council member for more than one term but no person may be a Council member for more than 10 consecutive years. 1998, c. 31, s. 5 (2).

• 5.
• 6Qualifications to vote

  6 (1) Subject to the by-laws, every member of the College who is in good standing is entitled to vote at an election of members of the Council. 1998, c. 31, s. 6 (1). Member in good standing (2) A member of the College is in good standing for the purposes of this section if, (a) the member is not in default of payment of a membership fee prescribed by the by-laws; and (b) the member’s certificate of registration is not suspended. 1998, c. 31, s. 6 (2).

• 6.
• 7Quorum

  7 A majority of the members of Council constitute a quorum. 1998, c. 31, s. 7.

• 7.
• 7.1Vacancies in Council

  7.1 If one or more vacancies occur in the membership of the Council, the members remaining on the Council constitute the Council so long as their number is not fewer than the quorum established by section 7. 2006, c. 19, Sched. E, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. E, s. 4 - 22/06/2006

• 8.
• 8Meetings open to public

  8 (1) Subject to subsections (2) and (3), the meetings of the Council shall be open to the public and reasonable notice shall be given to the members of the College and to the public. 1998, c. 31, s. 8 (1). Exceptions (2) The Council may exclude the public, including members of the College, from a meeting or any part of a meeting if it is satisfied that, (a) financial or personal or other matters may be disclosed of such a nature that the desirability of avoiding public disclosure of them in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the meetings be open to the public; (b) a person involved in a civil or criminal proceeding may be prejudiced; (c) the safety of a person may be jeopardized; (d) personnel matters or property transactions will be discussed; or (e) litigation affecting the College will be discusse…

• 9.
• 10.
• 9Employees and officers

  9 (1) The Council may employ the persons it considers advisable and shall have the officers provided for by the by-laws. 1998, c. 31, s. 9 (1). Registrar appointed (2) The Council shall appoint one of its employees as the Registrar. 1998, c. 31, s. 9 (2). Deputy registrars (3) The Council may appoint one or more deputy registrars who shall have the powers of the Registrar as set out in the by-laws. 1998, c. 31, s. 9 (3). Chief executive officer (4) The Registrar shall be the chief executive officer of the College. 1998, c. 31, s. 9 (4).

• 10Annual report

  10 (1) The Council shall report annually to the Minister on the activities and financial affairs of the College. 1998, c. 31, s. 10 (1). Same (2) The report shall include an audited financial statement. 1998, c. 31, s. 10 (2).

• 11.
• 11Minister’s powers and duties

  11 (1) The Minister may, (a) review the activities of the Council and require the Council to provide reports and information; (b) require the Council to do anything that the Minister believes is necessary or advisable to carry out the objects of the College; (c) require the Council to make, amend or revoke a regulation under section 36. 1998, c. 31, s. 11 (1). Council to comply (2) If the Minister requires the Council to do anything under subsection (1), the Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report to the Minister respecting the compliance. 1998, c. 31, s. 11 (2). Regulations (3) If the Minister requires the Council to make, amend or revoke a regulation under clause (1) (c) and the Council does not do so within 60 days, the Lieutenant Governor in Council may, by regulation, make, amend or revoke the regula…

• 12.
• 12Annual meeting of members

  12 The College shall hold an annual meeting of the members of the College not more than 15 months after the holding of the last preceding annual meeting of members. 1998, c. 31, s. 12.

• 13.
• 13Membership in College

  13 (1) Every person who holds a certificate of registration is a member of the College, subject to any term, condition or limitation to which the certificate is subject. 1998, c. 31, s. 13 (1). Resignation of membership (2) A member of the College may resign his or her membership by filing a resignation in writing with the Registrar and when the member does so and upon acceptance of the resignation by the Registrar, the certificate of registration is cancelled. 2009, c. 33, Sched. 8, s. 20 (1). Continuing jurisdiction: revocation, cancellation (3) A person whose certificate of registration is revoked or cancelled or expires continues to be subject to the jurisdiction of the College for professional misconduct, incompetence or incapacity referable to any time during which the person held a certificate of registration under this Act and may be investigated under sections 24 and 32. 1998, c…

• 14.
• 14Committees of Council

  14 (1) The Council shall establish the following committees: 1. Executive Committee. 2. Registration Appeals Committee. 3. Complaints Committee. 4. Discipline Committee. 5. Fitness to Practise Committee. 1998, c. 31, s. 14 (1). Same (2) In appointing persons to each committee, the Council shall ensure that, (a) each committee has at least one member who was elected to the Council as a social worker, at least one member who was elected to the Council as a social service worker and at least one member who was appointed to the Council; (b) at least one-half of the members of each committee are persons elected to the Council; (c) at least one-third of the members of each committee are persons appointed to the Council; (d) no person who is a member of the Complaints Committee is also a member of the Discipline Committee or the Fitness to Practise Committee; and (e) the appointments are made i…

• 15.
• 15Other committees

  15 The Council may establish other committees that the Council from time to time considers necessary. 1998, c. 31, s. 15.

• 16.
• 16Vacancies in committees

  16 If one or more vacancies occur in the membership of a committee of the Council, the members remaining on the committee constitute the committee so long as their number is not fewer than the quorum established in the by-laws. 1998, c. 31, s. 16.

• 17.
• 16.1Member ceasing to be a member during a hearing

  16.1 If, after a committee commences a hearing into a matter, a person who was a member of the committee ceases to be a member of the committee, the person is deemed, for the purposes of dealing with the matter, to remain a member of the committee until the final disposition of the matter. 2009, c. 33, Sched. 8, s. 20 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 20 (5) - 15/12/2009

• PART II REGISTRATION
• 16.2Incapacity of member during hearing

  16.2 If, after a committee commences a hearing into a matter, a member of the committee becomes incapacitated, the remaining members of the committee may continue to hear the matter and to render a decision with respect to it. 2009, c. 33, Sched. 8, s. 20 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 20 (5) - 15/12/2009

• 18.
• 17Delegation of Council’s powers

  17 The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council other than the power to make, amend or revoke a regulation or by-law. 1998, c. 31, s. 17.

• 19.
• [s21]

  PART II REGISTRATION Issuing or refusing to issue certificate of registration

• 20.
• 18Approval of application for registration

  18 (1) The Registrar shall issue a certificate of registration for social work to an applicant if the applicant, (a) applies for it in accordance with the regulations and the by-laws; (b) meets the registration requirements prescribed by the regulations; and (c) has paid the fees prescribed by the by-laws. 2009, c. 24, s. 34 (1). Same (2) The Registrar shall issue a certificate of registration for social service work to an applicant if the applicant, (a) applies for it in accordance with the regulations and the by-laws; (b) meets the registration requirements prescribed by the regulations; and (c) has paid the fees prescribed by the by-laws. 2009, c. 24, s. 34 (1). Grounds for refusal (3) The Registrar may refuse to issue a certificate of registration for social work or social service work if the Registrar has reasonable grounds to believe that, (a) the past conduct or actions of the app…

• 21.
• 19Disclosure of application file

  19 (1) The Registrar shall give an applicant for a certificate of registration, at the applicant’s request, a copy of each document the College has that is relevant to the application. 1998, c. 31, s. 19 (1). Exception (2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of any person. 1998, c. 31, s. 19 (2).

• 22.
• 20Notice of proposal to refuse to issue, etc.

  20 (1) If the Registrar proposes to do one of the following, the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant: 1. Refuse to issue a certificate of registration. 2. Impose terms, conditions or limitations to which the applicant has not consented on a certificate of registration to be issued. 1998, c. 31, s. 20 (1). Exception (2) Subsection (1) does not apply if the Registrar refuses to issue a certificate under subsection 18 (4). 1998, c. 31, s. 20 (2). Contents of notice (3) A notice under subsection (1) shall state that the applicant may request a review by the Registration Appeals Committee in accordance with subsection (4). 1998, c. 31, s. 20 (3). Request for review (4) The request for review shall be in writing and shall be served on the Registrar within 60 days after the notice under subsection (1) is served on the applicant. 1998…

• 23.
• 21Duties of Registration Appeals Committee

  21 (1) If an applicant requests a review in accordance with subsection 20 (4), the Registration Appeals Committee shall conduct the review. 1998, c. 31, s. 21 (1). Exception (2) Despite subsection (1), the Committee shall refuse to conduct a review if, in its opinion, the request for review is frivolous, vexatious or an abuse of process. 1998, c. 31, s. 21 (2). Extension of time for requesting review (3) The Committee may extend the time for requesting a review under subsection 20 (4) if it is satisfied that there are apparent grounds for granting relief on the review and that there are reasonable grounds for applying for the extension. 1998, c. 31, s. 21 (3). Examination of documents, submissions (4) The Committee shall ensure that the person requesting the review is given an opportunity to examine and make written submissions on any documents that the Committee intends to consider in m…

• 22Register

  22 (1) The Registrar shall maintain a register. 1998, c. 31, s. 22 (1). Contents (2) Subject to any by-law respecting the removal of information from the register, the register shall contain, (a) the name of each member of the College and the class of certificate of registration that the member holds; (b) any terms, conditions and limitations imposed on the member’s certificate of registration; (c) a notation of every revocation, cancellation and suspension of a member’s certificate of registration; (c.1) the name of every professional corporation issued a certificate of authorization under this Act; (c.2) a notation of every revocation or suspension of a certificate of authorization; (d) information that a committee required by subsection 14 (1) directs shall be included; and (e) information that the by-laws prescribe as information to be kept in the register. 1998, c. 31, s. 22 (2); 20…

• 23Suspension: failure to pay fees, provide information

  23 (1) The Registrar may suspend the certificate of registration of a member of the College for, (a) failure to pay a fee or penalty prescribed by the by-laws; or (b) failure to provide information required by the by-laws. 1998, c. 31, s. 23 (1). Same (2) The Registrar shall not suspend a member’s certificate of registration without first giving the member two-months notice of the default and intention to suspend. 1998, c. 31, s. 23 (2). Reinstatement (3) Subject to subsection (4), a person whose certificate of registration has been suspended under subsection (1) is entitled to have the suspension removed on payment of the fees and penalties prescribed by the by-laws or on provision of the information required by the by-laws, as the case may be. 1998, c. 31, s. 23 (3); 2009, c. 33, Sched. 8, s. 20 (6). Revocation (4) The Registrar may revoke the certificate of registration of a person wh…

• 23.1Professional corporations

  23.1 Subject to the by-laws, a member or two or more members practising social work or social service work as individuals or as a partnership may establish a professional corporation for the purpose of practising social work or social service work, and the provisions of the Business Corporations Act that apply to professional corporations within the meaning of that Act apply to such a corporation. 2000, c. 42, Sched., s. 43. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 43 - 01/11/2001

• 23.2Notice of change of shareholder

  23.2 A professional corporation shall notify the Registrar within the time and in the form and manner determined under the by-laws of a change in the shareholders of the corporation. 2000, c. 42, Sched., s. 43. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 43 - 01/11/2001

• 23.3Application of Act, etc.

  23.3 This Act, the regulations and the by-laws apply to a member despite the fact that the member practises social work or social service work through a professional corporation. 2000, c. 42, Sched., s. 43. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 43 - 01/11/2001

• 23.4Professional, fiduciary and ethical obligations to clients

  23.4 (1) The professional, fiduciary and ethical obligations of a member to a person on whose behalf the member is practising social work or social service work, (a) are not diminished by the fact that the member is practising through a professional corporation; and (b) apply equally to the corporation and to its directors, officers, shareholders, agents and employees. 2000, c. 42, Sched., s. 43; 2001, c. 8, s. 234 (1). Complaint, etc. (2) Subsections (3) and (4) apply if an action or the conduct of a member practising on behalf of a professional corporation is the subject of one of the following: 1. A complaint. 2. A mandatory report. 3. An allegation of professional misconduct, incompetence or incapacity. 4. An investigation, inspection or review. 5. A hearing. 2001, c. 8, s. 234 (2). Powers when complaint, etc. (3) In the circumstances described in subsection (2), any power that may b…

• 23.4.1Conflict in duties

  23.4.1 If there is a conflict between a member’s duty to a client, the College or the public and the member’s duty to a professional corporation as a director or officer of the corporation, the duty to the client, the College or the public prevails. 2001, c. 8, s. 235. Section Amendments with date in force (d/m/y) 2001, c. 8, s. 235 - 01/11/2001

• PART III COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE
• 23.5Restrictions apply to corporation’s certificate

  23.5 A term, condition or limitation imposed on the certificate of registration of a member practising social work or social service work through a corporation applies to the certificate of authorization of the corporation in relation to the practice of social work or social service work through the member. 2000, c. 42, Sched., s. 43. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 43 - 01/11/2001

• 24.
• 23.6Prohibitions, professional corporation

  23.6 (1) In the course of practising social work or social service work, a professional corporation shall not do, or fail to do, something that would constitute professional misconduct if a member did, or failed to do, it. 2001, c. 8, s. 235. Prohibition, contraventions (2) A professional corporation shall not contravene any provision of this Act, the regulations or the by-laws. 2001, c. 8, s. 235. Same (3) A professional corporation shall not contravene a term, condition or limitation imposed on its certificate of authorization. 2001, c. 8, s. 235. Prohibition, corporate matters (4) A professional corporation shall not practise social work or social service work when it does not satisfy the requirements for a professional corporation under this Act and under subsection 3.2 (2) of the Business Corporations Act. 2001, c. 8, s. 235. Same (5) A professional corporation shall not permit shar…

• 25.
• [s35]

  PART III COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE

• 26.
• 24Duties of Complaints Committee

  24 (1) The Complaints Committee shall consider and investigate written complaints regarding the conduct or actions of members of the College. 1998, c. 31, s. 24 (1). Same (2) Despite subsection (1), the Complaints Committee shall refuse to consider and investigate a written complaint if, in its opinion, (a) the complaint does not relate to professional misconduct, incompetence or incapacity on the part of a member of the College; or (b) the complaint is frivolous, vexatious or an abuse of process. 1998, c. 31, s. 24 (2). Same (3) No action shall be taken by the Complaints Committee under subsection (5) unless, (a) a complaint in a form prescribed by the by-laws has been filed with the Registrar; (b) the member of the College whose conduct or actions are being investigated has been notified of the complaint and given at least 30 days in which to submit in writing to the Committee any expl…

• 27.
• 25Reference by Council or Executive Committee

  25 (1) The Council or the Executive Committee may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or incompetence on the part of a member of the College. 1998, c. 31, s. 25 (1). Same (2) The Council or the Executive Committee may direct the Fitness to Practise Committee to hold a hearing and determine any allegation of incapacity on the part of a member of the College. 1998, c. 31, s. 25 (2). Interim suspension (3) The Council or the Executive Committee may make an interim order directing the Registrar to suspend the certificate of registration of a member of the College or impose terms, conditions or limitations on a member’s certificate of registration if, (a) an allegation respecting the member has been referred to the Discipline Committee or to the Fitness to Practise Committee; and (b) the Council or the Executive Committee b…

• 28.
• 26Discipline Committee

  26 (1) The Discipline Committee shall, (a) hear and determine matters directed or referred to it under sections 24, 25 and 29; and (b) perform any other duties assigned to it by the Council. 1998, c. 31, s. 26 (1). Professional misconduct (2) The Discipline Committee may find a member of the College guilty of professional misconduct if, after a hearing, the Committee believes that the member has engaged in conduct that, (a) contravenes this Act, the regulations or the by-laws; (b) contravenes an order of the Discipline Committee, the Complaints Committee, the Council or the Registrar; or (c) is defined as being professional misconduct in the regulations. 1998, c. 31, s. 26 (2). Incompetence (3) The Discipline Committee may, after a hearing, find a member of the College to be incompetent if, in its opinion, the member has displayed in his or her professional responsibilities a lack of kno…

• PART IV REINSTATEMENT AND VARIATION
• 27Fitness to Practise Committee

  27 (1) The Fitness to Practise Committee shall, (a) hear and determine matters directed or referred to it under sections 24, 25 or 29; and (b) perform any other duties assigned to it by the Council. 1998, c. 31, s. 27 (1). Incapacity (2) The Fitness to Practise Committee may, after a hearing, find a member of the College to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that, (a) the member is unfit to continue to carry out his or her professional responsibilities; or (b) a certificate of registration held by the member under this Act should be made subject to terms, conditions or limitations. 1998, c. 31, s. 27 (2). Powers of Fitness to Practise Committee (3) If the Fitness to Practise Committee finds a member to be incapacitated, it shall make an order doing one or more of the following: 1. Directing the Registrar to re…

• 29.
• 28Procedure on hearings

  28 (1) This section applies to hearings of the Discipline Committee under section 26 and to hearings of the Fitness to Practise Committee under section 27. 1998, c. 31, s. 28 (1). Parties (2) The College and the member of the College whose conduct or actions are being investigated are parties to the hearing. 1998, c. 31, s. 28 (2). Examination of documentary evidence (3) A party to the hearing shall be given an opportunity to examine before the hearing any documents that will be given in evidence at the hearing. 1998, c. 31, s. 28 (3). Members holding hearing not to have taken part in investigation (4) Members of the Discipline Committee or Fitness to Practise Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject-matter of the hearing, other than as a member of the Council or Executive Committee considering the referral of the matter…

• 30.
• [s41]

  PART IV REINSTATEMENT AND VARIATION Reinstatement or variation after disciplinary proceedings

• PART V APPEALS TO COURT
• 29Reinstatement after disciplinary proceedings

  29 (1) A person who has had a certificate of registration revoked or suspended as a result of a proceeding before the Discipline Committee may apply in writing to the Registrar to have a new certificate issued or the suspension removed. 1998, c. 31, s. 29 (1). Variation after disciplinary proceedings (2) A person who has a certificate of registration that is subject to terms, conditions or limitations as a result of a proceeding before the Discipline Committee may apply in writing to the Registrar for the removal or modification of the terms, conditions or limitations. 1998, c. 31, s. 29 (2). Time of application (3) An application under subsection (1) or (2) shall not be made before the expiry of the period fixed for the purpose by the Discipline Committee under subsection 26 (7) or under paragraph 6 of subsection (6), as the case may be. 1998, c. 31, s. 29 (3). Same (4) If the Disciplin…

• 31.
• 30Reinstatement: no hearing

  30 The Council or Executive Committee may, without a hearing, with respect to a person who has had a certificate suspended or revoked for any reason under this Act, make an order doing one or more of the following: 1. Directing the Registrar to issue a certificate of registration to the person. 2. Directing the Registrar to remove the suspension of the person’s certificate of registration. 1998, c. 31, s. 30.

• PART VI REGISTRAR’S POWERS OF INVESTIGATION
• [s44]

  PART V APPEALS TO COURT

• 32.
• 31Appeal to court

  31 (1) A party to a proceeding before the Registration Appeals Committee, the Discipline Committee or the Fitness to Practise Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee. 1998, c. 31, s. 31 (1). Same (2) For purposes of this section, a person who requests a review under section 20 is a party to the review by the Registration Appeals Committee. 1998, c. 31, s. 31 (2). Certified copy of record (3) On the request of a party desiring to appeal to the Divisional Court and on payment of the fee prescribed by the by-laws for the purpose, the Registrar shall give the party a certified copy of the record of the proceeding, including any documents received in evidence and the decision or order appealed from. 1998, c. 31, s. 31 (3). Powers of court on appeal (4) An appeal under this section may be made on questions…

• 33.
• [s46]

  PART VI REGISTRAR’S POWERS OF INVESTIGATION

• 34.
• 32Registrar’s investigation

  32 (1) If the Registrar believes on reasonable and probable grounds, (a) that a member of the College has committed an act of professional misconduct or is incompetent or incapacitated; (b) that there is cause to refuse to issue a certificate applied for under this Act; (c) that there is cause to suspend or revoke a certificate issued under this Act; or (d) that there is cause to impose terms, conditions or limitations on a certificate applied for or issued under this Act,

• 35.
• [s48]

  the Registrar may appoint one or more investigators to investigate whether such act has occurred, such incompetence or incapacity exists or there is such cause. 1998, c. 31, s. 32 (1). Approval of Executive Committee (2) The Registrar shall not make an appointment under subsection (1) without the approval of the Executive Committee. 1998, c. 31, s. 32 (2). Powers of investigator (3) The investigator may inquire into and examine the conduct or actions of the member to be investigated as the conduct or actions relate to the matter the Registrar sought to be investigated in appointing the investigator. 1998, c. 31, s. 32 (3). Application of Public Inquiries Act, 2009 (4) Section 33 of the Public Inquiries Act, 2009 applies to the investigation. 2009, c. 33, Sched. 6, s. 86. Same (5) The investigator may, on production of his or her appointment, enter at any reasonable time the place of work…

• PART VII REGULATIONS AND BY-LAWS
• 33Entries and searches

  33 (1) A justice of the peace may, on the application of an investigator, issue a warrant authorizing the investigator to enter and search a place and examine anything that is relevant to the investigation if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that, (a) the member being investigated has committed an act of professional misconduct or is incompetent or incapacitated; and (b) there is something relevant to the investigation at the place. 1998, c. 31, s. 33 (1). Searches by day unless stated (2) A warrant issued under subsection (1) does not authorize an entry or search after sunset or before sunrise unless it is expressly stated in the warrant. 1998, c. 31, s. 33 (2). Assistance and entry by force (3) An investigator entering and searching a place under the authority of a wa…

• 36.
• 34Copying of documents and objects

  34 (1) An investigator may copy, at the College’s expense, a document or object that an investigator may examine under section 32 or under the authority of a warrant issued under section 33. 1998, c. 31, s. 34 (1). Removal of documents and objects (2) An investigator may remove a document or object described in subsection (1) if, (a) it is not practicable to copy it in the place where it is examined; or (b) a copy of it is not sufficient for the purposes of the investigation. 1998, c. 31, s. 34 (2). Return of documents and objects or copies (3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall, (a) if it was removed under clause (2) (a), return the document or object within a reasonable time; or (b) if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reas…

• 37.
• 35Report of investigation

  35 The Registrar shall report the results of an investigation to one or more of the Executive Committee, the Registration Appeals Committee, the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee, as the Registrar considers appropriate. 1998, c. 31, s. 35. Incapacitated member

• 38.
• 35.1Report by Registrar

  35.1 (1) If the Registrar believes that a member of the College may be incapacitated, the Registrar may report the matter to the Executive Committee. 2009, c. 33, Sched. 8, s. 20 (10). Inquiries by Executive Committee (2) If the Registrar reports a matter under subsection (1), the Executive Committee shall make the inquiries that it considers appropriate. 2009, c. 33, Sched. 8, s. 20 (10). Physical or mental examinations (3) If the Executive Committee has reasonable and probable grounds to believe that the member is incapacitated, it may, (a) require the member to submit to a physical or mental examination, or to both, which shall be conducted or ordered by a qualified professional specified by the Committee; and (b) make an order, subject to subsection (5), directing the Registrar to suspend the member’s certificate of registration until he or she submits to the examinations. 2009, c. 3…

• 39.
• [s53]

  PART VII REGULATIONS AND BY-LAWS

• 40.
• 36Regulations of College, subject to approval

  36 (1) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations, 1. prescribing classes of certificates of registration and imposing terms, conditions and limitations on the certificates of registration as a class; 2. respecting applications for certificates of registration or classes of them and the issuing, suspension, revocation and expiration of the certificates or classes of them; 3. Repealed: 2009, c. 24, s. 34 (3). 4. prescribing standards, qualifications and other requirements for the issue of certificates of registration, including, without limiting the generality of the foregoing, prescribing combinations of academic qualifications and practical experience sufficient for membership; 4.1 prescribing, in connection with requirements for the issue of certificates of registration, programs that are equival…

• PART VIII REPORTS TO COLLEGE CONCERNING MEMBERS’ CONDUCT
• 37By-laws

  37 (1) The Council may make by-laws relating to the administrative and domestic affairs of the College including, but not limited to, by-laws, 1. adopting a seal for the College; 2. providing for the execution of documents by the College; 3. respecting banking and finance; 4. fixing the financial year of the College and providing for the audit of the accounts and transactions of the College; 5. respecting the election of Council members, including the requirements for members of the College to be able to vote, electoral districts and election recounts; 6. respecting the qualification of Council members who are elected; 7. prescribing conditions disqualifying elected members of the Council from sitting on the Council and governing the removal of disqualified Council members; 8. prescribing positions of officers of the College, providing for the election or appointment of officers and pres…

• 41.
• 38Regulations by L. G. in C.

  38 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing additional functions of the College for the purposes of paragraph 10 of subsection 3 (2); (b) respecting the appointment of persons to the Council under clause 4 (2) (c), including but not limited to regulations specifying how different interests are to be represented on the Council; (c) providing for any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with the establishment of the College or the assumption of powers and duties by the College; (d) providing for any other matters the Lieutenant Governor in Council considers necessary or advisable in connection with the College. 1998, c. 31, s. 38 (1). Conflict (2) In the event of a conflict between a regulation made under clause (1) (c) and this Act, the regulation prevails. 1998, c. 31, s. 38 (2).

• 42.
• 39Regulations and by-laws: general or specific

  39 (1) A regulation or by-law made under this Act may be general or specific. 1998, c. 31, s. 39 (1). Same (2) Without limiting the generality of subsection (1), a regulation or by-law may be limited in its application to any class of members of the College, certificates or qualifications. 1998, c. 31, s. 39 (2).

• 43.
• 40Copies of regulations, by-laws

  40 (1) The Council shall ensure that a copy of each regulation and by-law made under this Act is available for public inspection in the office of the College. 1998, c. 31, s. 40 (1). Same (2) The Registrar shall provide to any person on payment of a reasonable charge, a copy of any regulation or by-law made under this Act. 1998, c. 31, s. 40 (2).

• 44.
• [s59]

  PART VIII REPORTS TO COLLEGE CONCERNING MEMBERS’ CONDUCT

• 45.
• 41Employer’s report, termination for misconduct, etc.

  41 (1) A person who, for reasons of professional misconduct, incompetence or incapacity of a member of the College, terminates the employment of the member shall file with the Registrar within 30 days after the termination, a written report setting out the reasons. 1998, c. 31, s. 41 (1). Report to College, intention to terminate for misconduct, etc. (2) If a person intended to terminate the employment of a member for reasons of professional misconduct, incompetence or incapacity but the person did not do so because the member resigned, the person shall file with the Registrar within 30 days after the resignation a written report setting out the reasons upon which the person intended to act. 1998, c. 31, s. 41 (2). Reports where member convicted of offence

• PART IX MISCELLANEOUS
• 42Employer’s report, member convicted of offence

  42 (1) A person shall promptly notify the College in writing if the person becomes aware that a member of the College who is or has been employed by the person has been convicted of an offence under the Criminal Code (Canada) involving sexual conduct. 1998, c. 31, s. 42 (1). Member’s report, member convicted of offence (2) A member of the College shall promptly notify the College in writing if he or she is convicted of an offence under the Criminal Code (Canada) involving sexual conduct. 1998, c. 31, s. 42 (2).

• 46.
• 43Member’s report, sexual abuse by another member

  43 (1) A member of the College shall file a report to the College in accordance with section 44 if, in the course of his or her practice, the member obtains reasonable grounds to believe that another member has sexually abused a client. 1998, c. 31, s. 43 (1). Exception (2) A member is not required to file a report under subsection (1) if the member does not have information to identify the member who would be the subject of the report. 1998, c. 31, s. 43 (2). Information from client (3) If a member is required to file a report because of reasonable grounds obtained from one of the member’s clients, the member shall use his or her best efforts to advise the client of the requirement to file the report before doing so. 1998, c. 31, s. 43 (3). Definition (4) In this section and section 44, “sexual abuse”, with respect to a client by a member of the College means, (a) sexual intercourse or …

• 47.
• 44Report under s. 43

  44 (1) A report under section 43 shall be filed, (a) forthwith, if the person who is required to file the report has reasonable grounds to believe that the member will continue to sexually abuse the client or will sexually abuse other clients; or (b) within 30 days after the obligation to report arose, otherwise. 1998, c. 31, s. 44 (1). Contents of report (2) The report shall include, (a) the name of the person filing the report; (b) the name of the member who is the subject of the report; (c) an explanation of the alleged sexual abuse; (d) if the grounds of the person filing the report are related to a particular client of the member who is the subject of the report, the name of that client, subject to subsection (3). 1998, c. 31, s. 44 (2). Consent required re name (3) The name of a client who may have been sexually abused shall not be included in a report unless the client, or if the …

• 45No proceeding against person reporting

  45 No proceeding shall be instituted against a person for filing a report in good faith under this Part. 1998, c. 31, s. 45.

• 48.
• [s65]

  PART IX MISCELLANEOUS

• 49.
• 46Use of title, social worker

  46 (1) No person except a registered social worker shall use the English title “social worker” or “registered social worker” or the French title “travailleur social” or “travailleur social inscrit” or an abbreviation of any of those titles to represent expressly or by implication that he or she is a social worker or registered social worker. 1998, c. 31, s. 46 (1). Same (2) No person except a registered social worker shall represent or hold out expressly or by implication that he or she is a social worker or a registered social worker. 1998, c. 31, s. 46 (2).

• 50.
• 47Use of title, social service worker

  47 (1) No person except a registered social service worker shall use the English title “social service worker” or “registered social service worker” or the French title “technicien en travail social” or “technicien en travail social inscrit” or an abbreviation of any of those titles to represent expressly or by implication that he or she is a social service worker or registered social service worker. 1998, c. 31, s. 47 (1). Same (2) No person except a registered social service worker shall represent or hold out expressly or by implication that he or she is a social service worker or a registered social service worker. 1998, c. 31, s. 47 (2). Professional corporations: representations

• 51.
• 47.1Representations by professional corporation

  47.1 (1) A professional corporation shall not represent or hold out expressly or by implication that it is a professional corporation under this Act unless the corporation holds a valid certificate of authorization to practise social work or social service work. 2001, c. 8, s. 237. Representations by shareholders, etc. (2) A person shall not represent or hold out expressly or by implication that the person is a shareholder, director, officer, employee or agent of a corporation that is a professional corporation under this Act unless the corporation holds a valid certificate of authorization to practise social work or social service work. 2001, c. 8, s. 237. Section Amendments with date in force (d/m/y) 2001, c. 8, s. 237 - 01/11/2001

• 52.
• 47.2Psychotherapist title

  47.2 Despite section 8 of the Psychotherapy Act, 2007, a member of the College who is authorized to perform the controlled act of psychotherapy may use the title “psychotherapist” if the member complies with the following conditions, as applicable: 1. When describing himself or herself orally as a psychotherapist, the member must also mention that he or she is a member of the Ontario College of Social Workers and Social Service Workers, or identify himself or herself using the title restricted to him or her as a member of the College. 2. When identifying himself or herself in writing as a psychotherapist on a name tag, business card or any document, the member must set out his or her full name, immediately followed by at least one of the following, followed in turn by “psychotherapist”: i. Ontario College of Social Workers and Social Service Workers, ii. the title that the member may use…

• 53.
• 47.3“Doctor” title

  47.3 (1) Despite subsection 33 (1) of the Regulated Health Professions Act, 1991, a person who is a member of the College and holds an earned doctorate may use the title “doctor”, a variation, abbreviation or an equivalent in another language if he or she complies with the following conditions: 1. The member may only use the title “doctor” in compliance with the requirements under this Act, the regulations and the by-laws. 2. When describing himself or herself orally using the title “doctor”, the member must also mention that he or she is a member of the Ontario College of Social Workers and Social Service Workers, or identify himself or herself using the title restricted to him or her as a member of the College. 3. When identifying himself or herself in writing using the title “doctor” on a name tag, business card or any document, the member must set out his or her full name after the t…

• 54.
• 48Right to use French

  48 (1) A person has the right to use French in all dealings with the College. 1998, c. 31, s. 48 (1). Same (2) The Council shall take all reasonable measures and make all reasonable plans to ensure that persons may use French in all dealings with the College. 1998, c. 31, s. 48 (2). Limitation (3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances. 1998, c. 31, s. 48 (3). Definition (4) In this section, “dealings” means any practice or procedure available to the public or to members of the College and includes giving or receiving communications, information or notices, making applications, taking examinations or tests and participating in programs or in hearings or reviews. 1998, c. 31, s. 48 (4).

• 55.
• 49Immunity of College

  49 No proceeding for damages shall be instituted against the College, the Council, a committee of the College, a member of the Council or a committee of the College, or an officer, employee, agent or appointee of the College for any act done in good faith in the performance or intended performance of a duty or in the exercise or the intended exercise of a power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of the duty or power. 1998, c. 31, s. 49.

• 56.
• 50Confidentiality

  50 (1) Every person engaged in the administration of this Act, including an investigator appointed under section 32, shall preserve secrecy with respect to all information that comes to their knowledge in the course of their duties and shall not communicate any of those matters to any other person except, (a) as may be required in connection with the administration of this Act and the regulations and by-laws or any proceeding under this Act or the regulations or by-laws; (b) to their counsel; (c) with the consent of the person to whom the information relates; (d) to a police officer to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result; (e) to the extent that the information is available to the public under this Act; (f) to a body that governs a profession inside or outside of Ontario; (g) to confirm …

• PART X TRANSITIONAL PROVISIONS
• 51Service of notice or document

  51 (1) A notice or document to be given or served under this Act is sufficiently given or served if it is, (a) delivered personally; (b) sent by mail; or (c) given or served in accordance with by-laws respecting service. 1998, c. 31, s. 51 (1). Same (2) If a notice or document is sent by mail addressed to a person at the last address of the person in the records of the College, there is a rebuttable presumption that the notice or document is delivered to the person on the fifth day after the day of mailing. 1998, c. 31, s. 51 (2).

• 57.
• 52Registrar’s certificate as evidence

  52 A statement containing information from the records required to be kept by the Registrar under this Act, purporting to be certified by the Registrar under the seal of the College, is admissible in evidence in a court of law as proof, in the absence of evidence to the contrary, of the facts stated in it, without proof of the appointment or signature of the Registrar and without proof of the seal. 1998, c. 31, s. 52.

• 58.
• 53Statutory Powers Procedure Act

  53 If there is a conflict between this Act, the regulations or the by-laws and the Statutory Powers Procedure Act, the provisions of this Act, the regulations and the by-laws prevail. 1998, c. 31, s. 53.

• 59.
• 54Compliance order

  54 If it appears to the College that a person does not comply with this Act or the regulations or the by-laws, despite the imposition of a penalty in respect of that non-compliance and in addition to any other rights it may have, the College may apply to a judge of the Superior Court of Justice for an order directing the person to comply with the provision, and the judge may make the order or any other order the judge thinks fit. 1998, c. 31, s. 54; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 Offences

• 60.
• 55Offence, use of title

  55 (1) Every person who contravenes subsection 46 (1) or (2), 47 (1) or (2) or 47.1 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence. 1998, c. 31, s. 55 (1); 2001, c. 8, s. 238. Offence, obstruct investigator (2) Every person who contravenes subsection 32 (6) (obstruction of investigator) is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 1998, c. 31, s. 55 (2). Offence, false representation (3) Every person who makes a representation, knowing it to be false, for the purpose of having a certificate issued under this Act is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 1998, c. 31, s. 55 (3). Offence, assist in false representation (4) Every person who knowingly assists a person in committing an o…

• 61.
• 56Review by Minister

  56 (1) The Minister shall conduct a review of this Act within five years after this section comes into force. 1998, c. 31, s. 56 (1). Same (2) The Minister shall, (a) inform the public when a review under this section begins; and (b) prepare a written report respecting the review and make that report available to the public. 1998, c. 31, s. 56 (2).

• 62.
• [s80]

  PART X TRANSITIONAL PROVISIONS

• 63.
• 57Appointment of transitional Council

  57 (1) Despite any other provision of this Act, the Minister shall, on the terms determined by the Minister, appoint a transitional Council of the College to act as a transitional Council of the College until the first meeting of the first duly elected and appointed Council. 1998, c. 31, s. 57 (1). Composition (2) The transitional Council shall be composed of an equal number of social workers and social service workers and such other persons as the Minister considers appropriate. 1998, c. 31, s. 57 (2). Registrar (3) The transitional Council shall appoint a Registrar who shall act for the period beginning on the day set out in his or her appointment and ending when the first duly elected and appointed Council appoints a Registrar. 1998, c. 31, s. 57 (3). Powers and duties of transitional Council (4) During the period mentioned in subsection (1), this Act and the Regulations and by-laws a…

• 64.
• 58Committees of transitional Council

  58 The transitional Council may establish any committees that it from time to time considers necessary. 1998, c. 31, s. 58.

• 65.
• 59Initial certificate

  59 (1) The Registrar appointed by the transitional Council or the Registrar appointed under subsection 9 (2), as the case may be, shall issue a certificate of registration for social work to an applicant if, (a) his or her application and the fees prescribed by the by-laws are received by the College before the day that is two years after the day subsection 57 (1) is proclaimed in force; and (b) the applicant has obtained a degree in social work from a social work program accredited by the Canadian Association of Schools of Social Work, a degree from a social work program or an equivalent program approved by a body prescribed by the regulations or a degree from a social work program or an equivalent program prescribed by the regulations. 1998, c. 31, s. 59 (1). Same (2) The Registrar appointed by the transitional Council or the Registrar appointed under subsection 9 (2), shall issue a ce…

• 60Revoke certificate

  60 (1) The Registrar appointed by the transitional Council may revoke a certificate of registration issued under section 59 if he or she has reasonable grounds to believe that the past conduct or actions of the member in the course of his or her practice exposes or is likely to expose a person or persons to harm or injury. 1998, c. 31, s. 60 (1). Same (2) Before revoking a certificate under subsection (1), the Registrar shall give the member, (a) notice of his or her intention to revoke the certificate; and (b) at least 14 days to make written submissions to the Registrar as to why that action should not be taken. 1998, c. 31, s. 60 (2). Same (3) Clause (2) (b) does not apply with respect to the revocation of a certificate of registration if the Registrar believes that the delay would be inappropriate in view of the risk of harm or injury to a person or persons. 1998, c. 31, s. 60 (3). S…

• 61First election of Council

  61 The transitional Council shall hold the election for the elected members of the first duly elected and appointed Council within one year after the transitional Council is appointed. 1998, c. 31, s. 61.

• 62First annual meeting of members

  62 The College shall hold the first annual meeting of the members of the College not more than 15 months after the first duly elected and appointed Council takes office. 1998, c. 31, s. 62.

• 63Repealed

  63 Repealed: 2009, c. 24, s. 34 (5). Section Amendments with date in force (d/m/y) 2009, c. 24, s. 34 (5) - 15/12/2009

• 64

  64 Omitted (provides for coming into force of provisions of this Act). 1998, c. 31, s. 64.

• 65

  65 Omitted (enacts short title of this Act). 1998, c. 31, s. 65. ______________