Social Work and Social Service Work Act, 1998, S.O. 1998, c. 31

• Jurisdiction: Ontario

Social Work and Social Service Work Act, 1998

S.O. 1998, CHAPTER 31

Consolidation Period: From October 19, 2021 to the e-Laws currency date.

Last amendment: 2010, c. 15, s. 244.

CONTENTS

Definitions

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 with date in force (d/m/y)

2000, c. 42, Sched., s. 41 - 01/11/2001

PART I
COLLEGE

College 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

Duty 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 ethical standards applicable to members of the College.

8. To receive and investigate complaints against members of the College and to deal with issues of discipline, professional misconduct, incompetency and incapacity.

9. To promote high standards and quality assurance with respect to social work and social service work and to communicate with the public on behalf of the members.

10. To perform the additional functions prescribed by the regulations. 1998, c. 31, s. 3 (2).

Council: Registrar’s role; remuneration

Council

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 Council members appointed by the Lieutenant Governor in Council the expenses and remuneration determined by the Lieutenant Governor in Council. 1998, c. 31, s. 4 (4).

Term 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).

Qualifications 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).

Quorum

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

Vacancies 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

Meetings 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 discussed or instructions will be given to or opinions received from solicitors for the College. 1998, c. 31, s. 8 (2).

Same

(3) The Council may also exclude the public, including members of the College, from a meeting or any part of a meeting in which it will deliberate whether to exclude the public from a meeting or part of a meeting. 1998, c. 31, s. 8 (3).

Employees 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).

Annual 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).

Minister’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 regulation. 1998, c. 31, s. 11 (3).

Annual 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.

Membership 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. 31, s. 13 (3); 2009, c. 33, Sched. 8, s. 20 (2).

Suspended members

(4) A person whose certificate of registration is suspended is not a member. 2009, c. 33, Sched. 8, s. 20 (3).

Continuing jurisdiction: suspension

(5) A person...