Social Work Profession Act
Consolidated act- Citation
- S.N.W.T. 2010, c.22
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- Social Work Profession General Regulations, s.1 → #sec_4__para_a__subpara_ii
- Social Work Profession General Regulations, s.3 → #sec_6__subsec_1
- Social Work Profession General Regulations, s.3 → #sec_4__para_a__subpara_ii
- Social Work Profession General Regulations, s.3 → #sec_4__para_a__subpara_ii
- Social Work Profession General Regulations, s.3 → #sec_5__para_a__subpara_ii
- Social Work Profession General Regulations, s.4 → #sec_8__subsec_1
- Social Work Profession General Regulations, s.5 → #sec_8__subsec_3
- Social Work Profession General Regulations, s.5 → #sec_9__subsec_3
- Social Work Profession General Regulations, s.6 → #sec_6__subsec_4
- Social Work Profession General Regulations, s.6 → #sec_8__subsec_6
- Social Work Profession General Regulations, s.6 → #sec_8__subsec_5
- Social Work Profession General Regulations, s.6 → #sec_9__subsec_5
- Vital Statistics Regulations, s.3.1 → #sec_1
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
Definitions
1.In this Act,
"Board of Inquiry" means the Board of Inquiry established under subsection 27(1); (comité d’enquête)
"Complaints Officer" means the Complaints Officer appointed under subsection 15(1); (préposé aux plaintes)
"Deputy Complaints Officer" means a Deputy Complaints Officer appointed under subsection 15(2); (adjoint du préposé aux plaintes)
"Deputy Registrar" means the Deputy Registrar appointed under subsection 2(2); (registraire adjoint)
"facilitator" means a facilitator appointed under subsection 21(1) to conduct an alternative dispute resolution process in respect of a complaint; (facilitateur)
"investigator" means a person appointed under paragraph 18(1)(d) or subsection 24(1) to conduct an investigation of a complaint; (enquêteur)
"licence" means a licence issued under subsection 6(4), 8(6) or 9(5); (licence)
"licensed social worker" means a person who is registered as a licensed social worker under subsection 3(2) and holds a licence under this Act; (travailleur social diplômé)
"registered social worker" means a person who is registered as a registered social worker under subsection 3(1) and holds a licence under this Act; (travailleur social autorisé)
"registrant" means a registered social worker or a licensed social worker; (inscrit)
"Registrar" means the Registrar appointed under subsection 2(1); (registraire) "social work" means
(a) the assessment, remediation and prevention of social problems,
(b) the enhancement of the social functioning of individuals, families, groups and communities through direct counselling and the application of various practice methods and strategies,
(c) the development, promotion and delivery of human service programs,
(d) the development and promotion of social policies to improve social conditions and promote social equality, and
(e) such further functions or activities as may be designated as social work in the regulations. (travail social)
PART 1
REGISTRATION
Registrar and Registers
Registrar
2.(1) The Minister shall appoint a Registrar.
(2) The Minister shall appoint a Deputy Registrar.
Registered Social Worker Register
3.(1) The Registrar shall maintain the Registered Social Worker Register for the recording of the following information in respect of each registered social worker to whom a licence is issued:
(a) his or her full name;
(b) his or her location of practice;
(c) his or her professional qualifications;
(d) the date of registration;
(e) his or her licence number;
(f) if his or her licence is suspended or cancelled, or if conditions are imposed, information about the suspension, cancellation or conditions;
(g) any order an Inquiry panel directs be recorded on the register under paragraph 33(2)(i).
(2) The Registrar shall maintain the Licensed Social Worker Register for the recording of the following information in respect of each licensed social worker to whom a licence is issued:
(a) his or her full name;
(b) his or her location of practice;
(c) his or her professional qualifications;
(d) the date of registration;
(e) his or her licence number;
(f) if his or her licence is suspended or cancelled, or if conditions are imposed, information about the suspension, cancellation or conditions;
(g) any order an Inquiry panel directs be recorded on the register under paragraph 33(2)(i).
(3) The registers referred to in this section may be maintained in an electronic format.
(4) Any person may inspect a register maintained under this section at any reasonable time during regular office hours.
Eligibility and Application
Eligibility requirements: registered
4.A person is eligible to be registered as a registered social worker if
(a) he or she
(i) is, under an Act of a province or territory, registered as a registered social worker and authorized to engage in the practice of social work in the province or territory in accordance with that Act, or
(ii) has completed a baccalaureate, master’s or doctorate program in social work that is approved by a body designated by the regulations or an equivalent program approved by a body designated by the regulations;
(b) his or her entitlement to engage in the practice of social work has not been suspended or revoked for disciplinary reasons under an Act of a province, territory or other jurisdiction, unless his or her entitlement has been reinstated in that jurisdiction;
(c) he or she is of good character and has a satisfactory professional reputation;
(d) he or she is authorized to work in Canada; and
(e) he or she meets any other prescribed eligibility requirements.
Eligibility requirements: licensed
5.A person is eligible to be registered as a licensed social worker if
(a) he or she
(i) is, under an Act of a province or territory, registered and authorized to engage in the practice of social work in the province or territory in accordance with that Act, or
(ii) has completed a diploma program in social work that is approved by the Minister;
(b) his or her entitlement to engage in the practice of social work has not been suspended or revoked for disciplinary reasons under an Act of a province, territory or other jurisdiction, unless his or her entitlement has been reinstated in that jurisdiction;
(c) he or she is of good character and has a satisfactory professional reputation;
(d) he or she is authorized to work in Canada; and
(e) he or she meets any other prescribed eligibility requirements.
Application for registration and licence
6.(1) A person may apply to the Registrar, in a form approved by the Registrar,
(a) to be registered as a registered social worker and issued a licence; or
(b) to be registered as a licensed social worker and issued a licence.
(2) In an application under subsection (1), an applicant shall provide the following to the Registrar:
(a) evidence satisfactory to the Registrar that the applicant meets the eligibility requirements for registration as a registered social worker or a licensed social worker;
(b) evidence satisfactory to the Registrar of the applicant’s identity;
(c) three references in a form approved by the Registrar;
(d) information about any investigation, proceeding or finding in respect of the conduct or competence of the applicant related to his or her practice of social work in a province, territory or other jurisdiction;
(e) a statement by the applicant authorizing the Registrar, or a person designated by the Registrar, to make inquiries of any person, government or body with respect to the evidence or information provided by the applicant in the application form and other supporting material, and authorizing any person to whom inquiries are made to provide any information requested;
(f) any other evidence, information or supporting material required under the regulations.
(3) Notwithstanding paragraphs (2)(a) and (b), the Registrar may waive the requirement for an applicant to provide some or all of the evidence required under those paragraphs, if
(a) an applicant has previously been registered in the Registered Social Worker Register or the Licensed Social Worker Register; and
(b) the evidence is on file with the Registrar.
(4) On application under subsection (1) and on payment of the prescribed fee, the Registrar shall, if satisfied that the applicant meets the eligibility requirements for registration as a registered social worker or a licensed social worker and has complied with the application requirements,
(a) register the applicant in the Registered Social Worker Register and issue a licence to him or her; or
(b) register the applicant in the Licensed Social Worker Register and issue a licence to him or her.
(5) The Registrar shall give an applicant written notice, including reasons, of the refusal of an application for registration under subsection (1).
Expiry and Renewal of Licence
Expiry of licence
7.A licence expires on December 31 in the year in which it comes into effect.
Eligibility for renewal
8.(1) Subject to subsection (2), a registrant is eligible for renewal of his or her licence if he or she
(a) is not prohibited under paragraph 33(2)(g) from applying for a new licence;
(b) has satisfactorily completed the continuing competency requirements established or adopted by the regulations; and
(c) meets any other prescribed eligibility requirements.
(2) A registrant is not eligible for renewal of his or her licence if his or her previous licence
(a) has been cancelled under paragraph 33(2)(h); or
(b) is, at the time of application, subject to a suspension under paragraph 33(2)(f).
(3) A registrant may apply to the Registrar for a renewal of his or her licence.
(4) An application under subsection (3)
(a) must be made on or before the earliest of the date of expiry of the applicant’s licence or a different date established by the Registrar;
(b) must be in a form approved by the Registrar;
(c) must include evidence satisfactory to the Registrar that the applicant is eligible for renewal of his or her licence; and
(d) must include any other evidence, information or supporting material required under the regulations.
(5) Notwithstanding paragraph (4)(a), the Registrar may, within 60 days after the expiry of a registrant’s licence, allow the registrant, on payment of the prescribed late fee, to apply under subsection (3) for a renewal of his or her licence, if the Registrar is satisfied by the registrant’s explanation of the reasons why an application was not made before the expiry of the licence.
(6) On application under subsection (3) and on payment of the prescribed renewal fee, the Registrar shall renew a licence by issuing a new licence if he or she is satisfied that the applicant is eligible for renewal under subsection (1) and has complied with the application requirements.
(7) The Registrar shall give an applicant written notice, including reasons, of the refusal of an application for renewal under subsection (3).
Eligibility if licence expired for less than
9.(1) Subject to subsection (2), a registrant is eligible for a new registered social worker licence or licensed social worker licence under this section, if
(a) his or her previous licence expired less than six months before the date of application;
(b) his or her application is made after the expiry of the time set out in subsection 8(5) for late applications, or after the Registrar has refused to allow a late application;
(c) he or she is not prohibited under paragraph 33(2)(g) from applying for a new licence;
(d) he or she has satisfactorily completed the continuing competency requirements established or adopted by the regulations; and
(e) he or she meets any other prescribed eligibility requirements.
(2) A registrant is not eligible for renewal of his or her licence if his or her previous licence
(a) has been cancelled under paragraph 33(2)(h); or
(b) is, at the time of application, subject to a suspension under paragraph 33(2)(f).
(3) A registrant may apply to the Registrar for a new registered social worker licence or licensed social worker licence.
(4) An application under subsection (3)
(a) must be in a form approved by the Registrar;
(b) must include evidence satisfactory to the Registrar that the applicant is eligible for a new registered social worker licence or licensed social worker licence; and
(c) must include any other evidence, information or supporting material required under the regulations.
(5) On application under subsection (3) and on payment of the prescribed fee, the Registrar shall issue a new registered social worker licence or licensed social worker licence if he or she is satisfied that the applicant is eligible for a new licence under subsection (1) and has complied with the application requirements.
(6) The Registrar shall give an applicant written notice, including reasons, of the refusal of an application to issue a new licence under subsection (3).
Appeal to Supreme Court
10.(1) A person whose application for registration and licensing as a registered social worker or licensed social worker is refused may, within 30 days after receiving written notice of and reasons for the refusal, appeal the refusal to the Supreme Court by filing a notice of appeal with the Supreme Court and serving it on the Registrar.
(2) If, on hearing an appeal under subsection (1), the Supreme Court finds that the refusal to register is unreasonable, the Supreme Court may
(a) make an order requiring the Registrar to register the person as a registered social worker or licensed social worker and issue a licence to the person; or
(b) make any further order warranted in the circumstances.
(3) On hearing an appeal under subsection (1), the Supreme Court may make any order as to costs that it considers appropriate.
(4) An order made under subsection (2) is final and conclusive and the Registrar shall act upon it without delay.
PART 2
USE OF DESIGNATION
Exception: other professions
11.Nothing in this Act applies to or affects the practice of any other profession or occupation by any person practising under the authority of another Act.
Holding out and use of title: registered
12.(1) No person other than a registered social worker shall
(a) represent or hold out, expressly or by implication, that he or she is a registered social worker;
(b) use any sign, symbol, title, description or advertisement implying that he or she is a registered social worker;
(c) use the title "registered social worker"; or
(d) use any title similar to one referred to in paragraph (c), or use any other word or designation, abbreviated or otherwise, to imply that he or she is a registered social worker.
(2) No person other than a licensed social worker shall
(a) represent or hold out, expressly or by implication, that he or she is a licensed social worker;
(b) use any sign, symbol, title, description or advertisement implying that he or she is a licensed social worker;
(c) use the title "licensed social worker"; or
(d) use any title similar to one referred to in paragraph (c), or use any other word or designation, abbreviated or otherwise, to imply that he or she is a licensed social worker.
(3) No person other than a registered social worker or a licensed social worker, shall use the title "social worker".
Injunction
13.Notwithstanding any penalty that may be provided under this Act in respect of a contravention, the Supreme Court may, on application commenced by the Minister by way of originating notice, grant an injunction enjoining any person from doing any act that contravenes section 12.
PART 3
REVIEW OF CONDUCT
Interpretation
Definitions
14.(1) In this Part,
"complainant" means a person who files a complaint under subsection 16(1) or the Complaints Officer in respect of a complaint filed by him or her under subsection 16(2); (plaignant)
"Inquiry panel" means a panel of members of the Board of Inquiry selected under subsection 28(1) to hear a complaint; (sous-comité d’enquête)
"layperson" means a person who has never held a licence and who has never been entitled to engage in the practice of social work in any jurisdiction. (non-initié)
(2) For the purposes of this Part, an act or omission of a registrant constitutes unprofessional conduct if a Board of Inquiry or the Supreme Court, on an appeal, finds that the registrant
(a) engaged in conduct that displays a lack of knowledge, skill or judgment in the practice of social work;
(b) engaged in conduct that does not comply with accepted standards of practice for the profession of social work;
(c) engaged in conduct that is detrimental to the best interests of the public;
(d) engaged in conduct that harms or tends to harm the standing of the profession of social work;
(e) practised social work when he or she knew or ought to have known that his or her capacity to do so was impaired by a disability or condition, including an illness or addiction, that could compromise the health or safety of a client;
(f) contravened this Act or the regulations;
(g) has a conviction for a criminal offence, the nature of which could affect the practice of social work;
(h) provided the Registrar with falsified records to obtain registration, or used misrepresentation or fraud to obtain registration;
(i) breached an undertaking provided to the Complaints Officer under subsection 18(2) on the informal resolution of a complaint;
(j) engaged in conduct that results in a conviction for an offence of a nature that could affect his or her practice of social work;
(k) failed or refused to cooperate during the course of an investigation under this Part;
(l) failed or refused to comply with a settlement agreement approved under subsection 23(2); or
(m) failed or refused to comply with an order made under subsection 33(2) or an order of a court on an appeal.
Complaints Officer
Appointment of Complaints Officer
15.(1) The Minister shall appoint a Complaints Officer.
(2) The Minister shall appoint a Deputy Complaints Officer and may appoint one or more additional Deputy Complaints Officers.
Complaints
Filing complaint
16.(1) Any person may file a written complaint with the Complaints Officer if the complaint pertains to an act or omission of a registrant that may constitute unprofessional conduct.
(2) The Complaints Officer may file a written complaint with a Deputy Complaints Officer in respect of an act or omission of a registrant that may constitute unprofessional conduct.
(3) A complaint may only be filed under subsection (1) or (2) within two years after the day on which the act or omission occurred.
(4) If the Complaints Officer files a complaint with a Deputy Complaints Officer under subsection (2), a reference to "Complaints Officer" in respect of that complaint means a Deputy Complaints Officer.
(5) On receiving a complaint, the Complaints Officer shall provide the registrant with a copy or a summary of it, and shall specify the name of the complainant.
(6) A complaint respecting the conduct of a registered social worker or a licensed social worker who is no longer registered and licensed under this Act may be dealt with under this Part if it is filed within the period referred to in subsection (3).
Review of complaint
17.The Complaints Officer shall review and inquire into a complaint filed under section 16
(a) to the extent he or she determines is warranted for the purposes of this Part; and
(b) within a reasonable period of time after it is filed or within such period as may be prescribed.
Acting on complaint
18.(1) The Complaints Officer may, after reviewing and inquiring into a complaint,
(a) encourage the complainant and registrant to communicate with each other for the purpose of resolving it;
(b) with the consent of the registrant, attempt to resolve it;
(c) appoint a facilitator in accordance with subsection 21(1); or
(d) appoint a person to conduct an investigation of the complaint in accordance with subsection 24(1).
(2) The resolution of a complaint under paragraph (1)(a) or (b) may be made conditional on a written undertaking by the registrant to the Complaints Officer in respect of the registrant’s practice of social work or other conduct.
(3) If a complaint is resolved under paragraph (1)(a) or (b), the Complaints Officer shall record the resolution and any undertakings by the registrant in the complaint file.
Dismissal of complaint
19.(1) The Complaints Officer may, at any time before the commencement of a hearing into a complaint, dismiss the complaint if he or she is satisfied that
(a) the allegations made in the complaint do not pertain to conduct that is regulated under this Act;
(b) the complaint is trivial or vexatious; or
(c) there is insufficient evidence of unprofessional conduct to provide a reasonable basis to continue with the complaints process.
(2) On dismissing a complaint under subsection (1), the Complaints Officer shall give the complainant and registrant written notice, including reasons, for dismissal.
Conditions or temporary suspension
20.(1) Notwithstanding anything in this Act, if a complaint has been filed against a registrant and the Complaints Officer determines that the imposition of conditions or a suspension is necessary to protect the public, he or she may, for any period of time until the completion of proceedings under this Part,
(a) impose conditions on the registrant’s licence; or
(b) suspend the registrant’s licence.
(2) The power of the Complaints Officer to make a decision under subsection (1) includes the power to
(a) revoke conditions and substitute a suspension;
(b) revoke a suspension and substitute conditions; and
(c) amend conditions.
(3) If the Complaints Officer imposes conditions on, or suspends, the registrant’s licence, the Complaints Officer shall, at the earliest opportunity, give the registrant and the Registrar written notice of the decision.
(4) The Complaints Officer shall revoke a decision made under subsection (1) if he or she determines that the conditions are, or the suspension is, no longer necessary to protect the public.
(5) The Complaints Officer shall, without delay, give the registrant and the Registrar written notice of the removal of conditions or of the registrant’s reinstatement.
(6) A registrant who has conditions imposed on his or her licence or whose licence is suspended under subsection (1), may appeal the decision of the Complaints Officer to the Supreme Court by filing a notice of appeal with the Supreme Court and serving it on the Minister.
(7) If, on hearing an appeal under subsection (6), the Supreme Court finds that the imposition of conditions or the suspension is unreasonable, the Supreme Court may
(a) make a decision or order that reverses or modifies the decision of the Complaints Officer;
(b) refer the matter, or any issue, back to the Complaints Officer for further consideration;
(c) provide any direction that it considers appropriate; or
(d) make any order as to costs that it considers appropriate.
Alternative Dispute Resolution
Appointment of facilitator
21.(1) The Complaints Officer may, at any time before the commencement of a hearing into a complaint, appoint a facilitator to conduct an alternative dispute resolution process in respect of the complaint, if
(a) the Complaints Officer considers that an attempt to settle the complaint through the process is appropriate in the circumstances;
(b) the complainant and registrant agree to attempt to have the complaint settled through the process; and
(c) the complainant and registrant agree to comply with the procedures that will apply to the process.
(2) The facilitator shall terminate the process and refer the complaint back to the Complaints Officer, if
(a) the complainant or registrant requests a termination of the process; or
(b) the facilitator considers it unlikely that the complaint will be settled through the process.
(3) The Complaints Officer shall give the complainant and registrant written notice of
(a) the appointment of a facilitator under subsection (1); or
(b) the referral of a complaint back to the Complaints Officer under subsection (2).
Evidence confidential
22.Communications and evidence arising from anything said or produced during the course of an alternative dispute resolution process are confidential and are not admissible in any proceedings under this or any other Act, or in any action, matter or proceeding, without the written consent of the complainant and the registrant.
Settlement
23.(1) If a complaint is settled through an alternative dispute resolution process, the facilitator shall provide the Complaints Officer with a copy of the settlement agreement signed by the complainant and registrant.
(2) The Complaints Officer may
(a) approve the settlement agreement;
(b) with the consent of the complainant and registrant, amend the terms and conditions of the settlement agreement and then approve it; or
(c) refuse to approve the settlement agreement.
(3) A settlement of a complaint does not come into effect unless the Complaints Officer approves the settlement agreement under paragraph (2)(a) or (b).
(4) The Complaints Officer may deal with a complaint under this Part as if there had been no appointment of a facilitator, if
(a) the complaint is referred back to the Complaints Officer under subsection 21(2);
(b) the Complaints Officer refuses to approve the settlement agreement under paragraph (2)(c); or
(c) the Complaints Officer is satisfied that the registrant has not complied with an approved settlement agreement.
Investigation
Requirement for investigation
24.(1) The Complaints Officer shall appoint an investigator to conduct an investigation of a complaint, if
(a) the complaint is not resolved under paragraph 18(1)(a) or (b);
(b) the complaint is not dismissed under subsection 19(1); or
(c) the complaint is not settled and approved under section 23.
(2) An investigator must be a person who is or has previously been qualified to be a registered social worker in a province or territory or a person who has other expertise required in the investigation.
(3) A member of the Board of Inquiry is not eligible to be appointed as an investigator.
(4) If an investigation of a complaint is to be conducted, the Complaints Officer shall provide the registrant with
(a) a copy of the complaint and the name of the complainant;
(b) a written notice that an investigation will be conducted; and
(c) the name of the investigator.
Inquiries and production
25.(1) For the purposes of investigating a complaint, an investigator may
(a) make oral or written inquiries of any person who has or may have information relevant to the complaint; and
(b) demand the production for examination of documents, records and other materials in a person’s possession or under a person’s control that are or may be relevant to the complaint.
(2) On the request of an investigator, a registrant shall, to the best of his or her ability,
(a) respond to oral or written inquiries from the investigator; and
(b) produce for examination the documents, records and other materials in his or her possession or under his or her control that are or may be relevant to the investigation.
(3) A registrant may not refuse to respond to oral or written inquiries from an investigator, or to produce for examination documents, records or other materials, on the grounds of professional privilege.
(4) An investigator may make copies of documents, records or other materials produced for examination.
(5) An investigator shall return any document, record or other material provided under paragraph (1)(b) or (2)(b) within a reasonable period of time, but no later than 14 days after the completion of a hearing into the complaint.
(6) If a person fails or refuses to respond to an inquiry or to provide any document, record or other material under this section, the Complaints Officer may apply to the Supreme Court for an order requiring the person to respond to the inquiry or to provide the document, record or other material.
(7) An investigator may investigate any other matter relating to the complaint that arises during the course of an investigation that may constitute unprofessional conduct by the registrant.
(8) An investigator who investigates other matters shall
(a) provide to the registrant and the Complaints Officer a summary of the other matters under investigation; and
(b) provide to the registrant the opportunity to present information in respect of the other matters.
(9) An investigator shall prepare a written investigation report and provide it to the Complaints Officer within a reasonable period of time after completing an investigation.
Adding to complaint
26.(1) After consideration of an investigation report, the Complaints Officer may add further allegations to the complaint arising from an investigation of other matters under subsection 25(7).
(2) After consideration of an investigation report, the Complaints Officer shall
(a) dismiss the complaint under subsection 19(1);
(b) appoint a facilitator to conduct an alternative dispute resolution process with respect to the complaint under subsection 21(1); or
(c) refer the complaint to the Board of Inquiry to conduct a hearing.
(3) The Complaints Officer shall give the complainant and the registrant written notice of a referral of a complaint to the Board of Inquiry under paragraph (2)(c).
Board of Inquiry
Establishment
27.(1) The Board of Inquiry is established.
(2) The Minister shall appoint to the Board of Inquiry
(a) at least one member who is a registered social worker on the register established under subsection 3(1);
(b) at least one member who is not registered under this Act but is, under an Act of a province or another territory, licensed as a registered social worker and authorized to engage in the practice of social work in that province or territory; and
(c) at least one member who is a layperson.
(3) The Minister shall designate one member of the Board of Inquiry as chairperson.
Hearing
Panel selection
28.(1) On referral of a complaint to the Board of Inquiry, the chairperson shall select a panel, composed of members of the Board of Inquiry, to hear the complaint.
(2) An Inquiry panel must include at least one member appointed under each of paragraphs 27(2)(a),
(b) and (c).
(3) If the chairperson of the Board of Inquiry is not a member of the Inquiry panel, he or she shall select a member of the panel to act as chairperson in respect of the hearing.
(4) An Inquiry panel shall, within a reasonable period of time after being selected, conduct a hearing into the complaint.
(5) At least 30 days before the commencement of a hearing, the chairperson of the Board of Inquiry shall serve the complainant and registrant with a written notice of the hearing containing the date, time and place of the hearing.
(6) Subject to subsection (7), if a person selected for an Inquiry panel becomes unable to continue with the conduct of a hearing, the panel may, in the absence of the member, continue with and complete the hearing.
(7) An Inquiry panel may not continue with the conduct of a hearing with less than three members.
(8) A hearing must be open to the public unless the Inquiry panel determines that there are sufficient reasons for holding the hearing, or part of the hearing, in private.
(9) If a registrant does not attend a hearing into a complaint, the Inquiry panel, on proof of service of notice of the hearing, may proceed with the hearing and take any action authorized by this Act without further notice to the registrant.
Legal assistance
29.(1) The Board of Inquiry may engage, at the expense of the Government of the Northwest Territories, legal counsel to advise it, or an Inquiry panel, in respect of a matter.
(2) The Complaints Officer, or his or her legal counsel, shall present the case against the registrant at a hearing.
(3) A complainant has the same right to attend and be heard at a hearing as the registrant.
(4) A complainant or registrant may, at his or her expense, be represented by legal counsel at a hearing.
Rules of procedure
30.(1) Subject to this Act, a Board of Inquiry may establish rules of procedure respecting the conduct of hearings.
(2) Evidence may be given before an Inquiry panel in any manner that it considers appropriate, including by telephone or by an audiovisual method, and the panel is not bound by the rules of evidence pertaining to actions and proceedings in courts of justice, but may proceed to ascertain the facts in the manner that it considers appropriate.
Compellable witness
31.(1) The registrant and any other person the Inquiry panel considers may have knowledge in respect of a complaint, is a compellable witness at a hearing into that complaint.
(2) The attendance of a witness before a hearing to testify or to produce documents, records or other materials, may be enforced by a written notice issued by the chairperson of the Board of Inquiry and served on the witness, requiring the witness to attend and stating
(a) the date, time and place at which the witness is to attend; and
(b) the documents, records or other materials, if any, that the witness is required to produce.
(3) The chairperson of the Board of Inquiry shall
(a) issue notices under subsection (2) at the request of an Inquiry panel, the Complaints Officer or a registrant;
(b) cause notices that are issued at the request of an Inquiry panel to be served on the witnesses; and
(c) provide, without charge, notices that are issued at the request of the Complaints Officer or a registrant, to that person for service on the witnesses.
(4) A member of an Inquiry panel has the power to administer an oath or affirmation to a witness who is to give evidence before the panel.
(5) For the purpose of obtaining testimony of a witness who is outside the Northwest Territories, the Supreme Court, on ex parte application by the chairperson of the Board of Inquiry, the Complaints Officer or the registrant may, under the Rules of the Supreme Court, and with such modifications as the circumstances require, make an order appointing an examiner to obtain testimony of a witness.
(6) A witness at a hearing may be examined on oath or affirmation on all matters relevant to the hearing, and is not excused from answering a question on the grounds that the answer might
(a) tend to incriminate the witness;
(b) subject the witness to punishment under this Act; or
(c) tend to establish the liability of the witness
(i) in a civil proceeding brought by a person or by the Government of the Northwest Territories, or
(ii) to a prosecution under any Act.
(7) Any answer given under subsection (6) may not be used or received against the witness in any civil proceedings or in any proceedings under any other Act except in a prosecution for, or proceedings in respect of, perjury or the giving of contradictory evidence.
Civil contempt
32.On application to the Supreme Court in accordance with the Rules of the Supreme Court, proceedings for civil contempt may be brought against a witness
(a) who fails, after being served with a notice,
(i) to attend before a hearing of an Inquiry panel,
(ii) to produce documents, records or other materials as required by the notice, or
(iii) to comply in any other way with the notice; or
(b) who refuses to be sworn or affirmed, or to answer any question allowed by the Inquiry panel before whom the hearing is conducted.
Dismissal
33.(1) If, on completion of a hearing, the Inquiry panel finds that the conduct under review was not unprofessional conduct, the panel shall dismiss the complaint.
(2) If, on completion of a hearing, the Inquiry panel finds that an act or omission of a registrant constitutes unprofessional conduct, the panel may, by order, do one or more of the following:
(a) reprimand the registrant;
(b) impose one or more conditions on the registrant’s licence, including but not limited to a condition that
(i) the registrant practice under supervision, or
(ii) the registrant report on matters specified in the order to the Board of Inquiry or a person named in the order;
(c) require the registrant to attend counselling or to undergo treatment that the panel considers appropriate;
(d) require the registrant to complete a specified course of studies;
(e) require the registrant to complete a period of supervised practical experience of a type specified in the order;
(f) suspend the registrant’s licence for a stated period or until the registrant has fulfilled other requirements of the order to the satisfaction of the Board of Inquiry or of a person named in the order;
(g) prohibit the registrant from applying for a new licence for a stated period or until the registrant has fulfilled other requirements of the order to the satisfaction of the Board of Inquiry or of a person named in the order;
(h) cancel the registrant’s licence;
(i) direct the Registrar to record any order made under this subsection in respect of a registrant, in the applicable register, for a specified or unlimited period of time;
(j) make any other order that the panel considers appropriate.
(3) In addition to the orders that may be made under subsection (2), the Inquiry panel may order the registrant to pay to the Government of the Northwest Territories, within the time stated in the order,
(a) all or part of the costs of the hearing;
(b) a fine not exceeding $5,000; or
(c) both costs and a fine.
(4) Within a reasonable period of time after the completion of a hearing, the Inquiry panel shall prepare a written decision in respect of the complaint
(a) describing the findings of fact on which the decision has been based;
(b) stating the reasons for the decision; and
(c) setting out any orders made under subsection (2) or (3).
(5) The Board of Inquiry shall cause a copy of the decision to be
(a) served on the complainant and registrant;
(b) provided to the Complaints Officer; and
(c) provided to the Registrar.
(6) If all or part of a hearing is held in private under subsection 28(8), the Board of Inquiry may issue directions to the Registrar concerning the manner in which the decision is to be altered before it is included in the register referred to in subsection 36(1).
(7) If a registrant fails to pay in full the costs or fine ordered under subsection (3) by the time stated in the order, the Registrar may suspend the registrant’s licence until payment has been made in full.
(8) Orders of an Inquiry panel under this section are not statutory instruments for the purposes of the Statutory Instruments Act.
Appeal
Appeal
34.(1) A registrant who is subject to a decision of an Inquiry panel, may, within 30 days after service on him or her of a copy of the decision, appeal it to the Supreme Court by filing a notice of appeal with the Supreme Court and serving it on the Registrar.
(2) An appeal does not operate as a stay of a decision, but the Supreme Court may, on application by the registrant, grant a stay of a decision in whole or in part and on the terms that it considers appropriate, until the appeal is decided.
(3) The Supreme Court, on hearing an appeal from a decision of an Inquiry panel, may
(a) make any finding that it considers should have been made by the panel;
(b) affirm, reverse or modify the decision or orders made by the panel;
(c) refer the matter, or any issue, back to the Board of Inquiry for further consideration by an Inquiry panel; or
(d) make any order as to costs that it considers appropriate.
(4) A decision or order of the Supreme Court on an appeal under this section is final and conclusive and is not subject to further appeal.
Reinstatement following suspension
35.Where a registrant has been suspended under subsection 20(1), 33(2) or 34(3), the Registrar shall, on payment of any required fees and completion of any requirements under this Act and the regulations, reinstate the registrant in the applicable register
(a) if the suspension is for a stated period, on the expiry of that period; and
(b) if terms and conditions for reinstatement have been set by a Board of Inquiry or the Supreme Court, on being notified by the Complaints Officer that the terms and conditions have been met.
Public Register
Register of decisions
36.(1) The Complaints Officer shall maintain a register of the copies of decisions of Inquiry panels provided under paragraph 33(5)(b).
(2) Any person may inspect the register referred to in subsection (1) at any reasonable time during regular office hours.
Records
Return of records
37.A Complaints Officer who is not an employee as defined in subsection 1(1) of the Public Service Act shall, on the termination of his or her appointment, provide the Minister with all records in his or her custody or control that relate to the exercise of powers or the performance of duties under this Act.
PART 4
GENERAL
Limitation of liability
38.No action for damages or other proceedings may be commenced against the Minister, the Registrar, the Deputy Registrar, a Complaints Officer, a Deputy Complaints Officer, an investigator, a facilitator or a member of the Board of Inquiry for anything done or not done by that person in good faith in the exercise of his or her powers or the performance of his or her duties under this Act.
Service on Complaints Officer
39.(1) Where this Act requires that a notice or document be served on the Complaints Officer, the notice or document may be
(a) served personally on the Complaints Officer; or
(b) sent by registered mail to the office of the Complaints Officer.
(2) Where this Act requires that a notice or document be served on a person, the notice or document may be
(a) served personally on the person; or
(b) sent by registered mail to the person.
(3) If a person referred to in subsection (2) is a complainant other than the Complaints Officer, the address provided in his or her complaint is deemed to be his or her address for service under paragraph (2)(b), unless
(a) he or she has provided the Complaints Officer with written notice of another address; or
(b) the person or body responsible for service has knowledge of another address for service and has confirmed that address with the complainant.
(4) If a person referred to in subsection (2) is a registrant, the most recent address provided by him or her in writing to the Registrar is deemed to be his or her address for service under paragraph (2)(b), unless the person or body responsible for service has knowledge of another address for service and has confirmed that address with the registrant.
Offence and punishment
40.(1) Every person who contravenes or fails to comply with this Act or the regulations is guilty of an offence and liable, on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 90 days, or to both.
(2) A prosecution for an offence under this Act or the regulations may not be commenced more than two years after the day the offence is alleged to have been committed.
PART 5
REGULATIONS
Regulations
41.(1) The Commissioner, on the recommendation of the Minister, may make regulations
(a) designating functions or activities considered to be social work for the purposes of this Act and the regulations;
(b) respecting the maintenance, form and content of the Registered Social Worker Register and the Licensed Social Worker Register;
(c) respecting the establishment, maintenance, form and content of any other registers for the purposes and provisions of this Act;
(d) prescribing qualifications for registration in the Registered Social Worker Register or the Licensed Social Worker Register;
(e) prescribing eligibility requirements for registration as a registered social worker or a licensed social worker and for the issue or renewal of a licence;
(f) designating the name of a body for the purposes of subparagraph 4(a)(ii);
(g) respecting continuing competency programs for registered social workers and licensed social workers;
(h) respecting the issuance, renewal, suspension or cancellation of licences;
(i) respecting reinstatement in the Registered Social Worker Register or the Licensed Social Worker Register following the suspension or cancellation of a licence;
(j) respecting evidence, information or supporting material that must be provided to the Registrar in any application under Part 1;
(k) respecting standards for the practice of social work;
(l) respecting the scope of practice that may be performed by a registered social worker or a licensed social worker, including specifying limits or conditions on the scope of practice;
(m) respecting the powers and duties of the Registrar, Deputy Registrar, Complaints Officer and Deputy Complaints Officer;
(n) prescribing a period within which the Complaints Officer must review and inquire into a complaint;
(o) respecting the operation of the Board of Inquiry;
(p) respecting remuneration and expenses of members of the Board of Inquiry;
(q) prescribing and respecting fees to be paid under this Act; and
(r) respecting any other matter the Commissioner considers necessary or advisable for carrying out the purposes and provisions of this Act.
(2) The Commissioner, on the recommendation of the Minister, may
(a) where a code of rules or standards respecting the practice of social work has been established by an association, person or body of persons and is available in printed form, adopt by regulation the code as established or as amended from time to time, and upon adoption the code is in force in respect of social workers in the Northwest Territories either in whole or in part or with such variations as may be specified in the regulations; and
(b) where a continuing competency program for the social work profession has been established by an association, person or body of persons and is available in printed form, adopt by regulation the program as established or as amended from time to time, and upon adoption the program is in force in respect of social workers in the Northwest Territories either in whole or in part or with such variations as may be specified in the regulations.
TRANSITIONAL
Transitional
42.Notwithstanding anything in this Act, a person who is engaged in the practice of social work before the coming into force of this Act is eligible to be registered and licensed as a licensed social worker under this Act, if
(a) the person has been employed as a social worker in the Northwest Territories for at least two years immediately before the coming into force of this Act;
(b) he or she is of good character and has a satisfactory professional reputation;
(c) he or she is authorized to work in Canada;
(d) his or her application, including supporting information and material, is satisfactory to the Registrar; and
(e) the person applies under this Act to be registered as a licensed social worker within six months after the day this Act comes into force.
COMMENCEMENT
Coming into force
43.This Act comes into force on a day to be fixed by order of the Commissioner.