Definitions

1  In this Act:

"board" means the board of registration continued under section 2 and includes a hearing panel if the hearing panel acts in place of the board in proceedings described in section 4 (f);

"hearing panel" means a hearing panel established under a rule made under section 4 (e).

 Board of registration

2  (1)  The board of registration for social workers is continued.

(2)  The board consists of not more than 12 or fewer than 10 members appointed by the Lieutenant Governor in Council as follows:

(a) 2 from persons who are not social workers;

(b) the remainder from persons who are registered in accordance with the rules made under section 4.

(3)  The registrar is not eligible to be a member of the board.

(4)  The Lieutenant Governor in Council must designate one of the members of the board as chair.

(5)  The members of the board may be appointed to hold office for a term of up to 3 years, and are eligible for reappointment.

(6)  The board must elect a vice chair and a secretary treasurer from among its members.

(7)  [Repealed 2004-23-29.]

 Vacancies on the board

2.1  If a vacancy on the board is caused by the death, resignation or incapacity of a member,

(a) the Lieutenant Governor in Council must appoint, under section 2 (2) (a) or (b), as applicable, a person to hold office for the remainder of the member's term, and

(b) the chair, or the vice chair if the chair is unable to act, may, after consultation with the minister, appoint an individual who would otherwise be qualified for appointment as a member to hold office until the earlier of

(i)  an appointment referred to in paragraph (a), and

(ii)  6 months after the date of appointment.

 Powers after expiry of term

2.2  The chair, or the vice chair if the chair is unable to act, may authorize a member to continue to hold office after the expiry of the member's term of appointment until the earlier of the following:

(a) the member is reappointed;

(b) a successor is appointed as a member;

(c) a period of 6 months has expired.

 Legal capacity

3  (1)  For the purposes of this Act, the board may

(a) purchase material and equipment,

(b) acquire, maintain and dispose of property,

(c) employ or retain the services of persons, and

(d) enter into agreements.

(2)  The board has the necessary legal capacity to sue and be sued in its own name for the purposes of a matter arising under subsection (1).

 Registration

4  Subject to the approval of the Lieutenant Governor in Council, the board may make rules as follows:

(a) establishing the qualifications required for registration;

(b) providing for the examination of persons applying for registration and the setting of the fees payable for each examination;

(c) providing for the appointment and remuneration of a registrar and the maintenance of a register;

(d) providing for registration, and renewal of registration, of persons qualified for registration and for the fees for registration and renewal of registration;

(e) providing for the establishment of hearing panels composed of members of the board to act in place of the board in proceedings described in paragraph (f);

(f) providing for the cancellation, suspension or setting of terms and conditions for the continuation of the registration of a social worker, who fails to renew his or her registration when required, or who is found by the board to be guilty of misconduct or of having displayed incompetence that makes it desirable in the public interest that his or her registration should be cancelled, suspended or limited;

(g) defining "misconduct" and "incompetence" for the purpose of the rules;

(h) providing for the establishment of suitable training or apprenticeship programs;

(i) providing for other requirements necessary for the better carrying out of this Act;

(j) providing for the limitation and control of advertising of services by registered social workers.

 Criminal Records Review Act

5  If an applicant for registration or a registered social worker fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that an applicant or a registered social worker presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the board must take the failure or the determination into account when deciding whether to

(a) register the applicant or set terms or conditions on the practice of social work by the applicant, or

(b) set terms or conditions on the practice of the registered social worker or suspend or cancel the registration of the registered social worker.

 Appeal

6  (1)  A person who is aggrieved by a decision of the board to cancel, suspend or limit the person's registration may appeal the decision to the Supreme Court within 30 days after the date of the decision.

(2)  Within the time limit set by subsection (1), the appellant must file a notice of appeal with a registrar of the Supreme Court and serve a copy of the notice of appeal on the registrar of the board.

(3)  An appeal is

(a) a new hearing, if there is no transcript, or

(b) a review of the transcript and proceeding if there is a transcript, but the Supreme Court may, if it considers it necessary in the interest of justice, conduct a new hearing or allow the introduction of new evidence.

(4)  The board is entitled to be a party to the hearing of the appeal and may take part in the proceedings.

(5)  On the hearing of an appeal under this section, the Supreme Court may

(a) make an order confirming, reversing or varying the decision of the board,

(b) refer the matter back to the board with or without directions, or

(c) make any other order it considers proper in the circumstances.

 Use of designation

7  A person registered as a social worker in accordance with rules made under section 4 may use the designation "Registered Social Worker".

 Offence

8  (1)  A person must not represent himself or herself as a social worker unless the person

(a) is registered in accordance with rules made under section 4,

(b) is employed as a social worker by

(i)  Canada or the government or an agent of either,

(ii)  a board, commission or other body any member of which is appointed by Canada or the government,

(iii)  a municipality, regional district, hospital district board or board of school trustees,

(iv)  an Indian band, a tribal council, the Nisg̱a'a Nation or a Nisg̱a'a Village, or

(v)  a society incorporated under the Society Act and approved by the director designated under the Child, Family and Community Service Act for the purpose of section 2 (1) (a) of the Society Act, or

(c) teaches or is engaged in research as a social worker under an academic appointment or program in a university, college or institute.

(2)  A person must not represent himself or herself as a registered social worker unless the person is registered in accordance with rules made under section 4.

(3)  A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine of not more than $1 000.

(4)  In subsection (1) (b) (iv), "Nisg̱a'a Nation" and "Nisg̱a'a Village" have the same meanings as in the Nisg̱a'a Final Agreement as defined in the Nisg̱a'a Final Agreement Act.

 Injunction

9  On application by the board and on being satisfied that there is reason to believe that there is or will be a contravention of section 8 (1) or (2), the Supreme Court may grant an injunction restraining a person from continuing or committing the contravention and, until the disposition of the action seeking the injunction, the court may grant an interim injunction.

 Protection against action

10  (1)  An action for damages because of anything done or omitted to be done in good faith

(a) in the performance or intended performance of a duty, or

(b) in the exercise or intended exercise of a power

under this Act may not be brought against the board, a hearing panel, a member of the board or a hearing panel, an officer of the board or a hearing panel or a person who is subject to the direction of the board, a hearing panel or an officer of the board or a hearing panel.

(2)  Subsection (1) does not absolve the government from vicarious liability for an act or omission of a person, the board or a hearing panel for which act or omission the government would be vicariously liable if this section were not in force.