BILL NO. 124

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015

Government Bill

Social Workers Act
(amended)

The Honourable Joanne Bernard
Minister of Community Services

First Reading: November 18, 2015

(Explanatory Notes)

Second Reading: November 19, 2015

Third Reading: November 27, 2015 (LINK TO BILL AS PASSED)

Clause 2

(a) continues the Nova Scotia Association of Social Workers as the Nova Scotia College of Social Workers;

(b) clarifies that the members of the Association become the members of the College; and

(c) clarifies that the assets, property and liabilities of the Association are those of the College.

Clause 3 expands the objects of the College.

Clauses 4 to 9 change references to the Nova Scotia Association of Social Workers to the Nova Scotia College of Social Workers.

Clause 10

(a) changes references to the Nova Scotia Association of Social Workers to the Nova Scotia College of Social Workers; and

(b) provides for the appointment in addition to the election of members to the Council of the Colleges.

Clauses 11 and 12 change references to the Nova Scotia Association of Social Workers to the Nova Scotia College of Social Workers.

Clause 13

(a) changes references to the Nova Scotia Association of Social Workers to the Nova Scotia College of Social Workers; and

(b) expands the regulation-making authority of the Council to include regulations respecting the complaint and hearing processes.

Clause 14 repeals an outdated subsection.

Clauses 15 to 17

(a) change references to the Nova Scotia Association of Social Workers to the Nova Scotia College of Social Workers; and

(b) repeal an outdated subsection.

Clause 18

(a) requires that complaints investigated by the Complaints Committee must be in writing;

(b) changes references to the Nova Scotia Association of Social Workers to the Nova Scotia College of Social Workers;

(c) removes details of the complaints process in the Act and refers to the process set out in the regulations; and

(d) sets out the rights of the respondent in a proceeding before the Complaints Committee.

Clauses 19 to 29 change references to the Nova Scotia Association of Social Workers to the Nova Scotia College of Social Workers.

Clause 30 changes a reference to the Board of Examiners to the Nova Scotia College of Social Workers.

Clause 31 changes a reference to the Nova Scotia Association of Social Workers to the Nova Scotia College of Social Workers.

Clauses 32 and 33 change a reference to the Nova Scotia Association of Social Workers to the Nova Scotia College of Social Workers in two other Acts.

Clause 34 provides that this Act comes into force on proclamation.

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 12 of the Acts of 1993, the Social Workers Act, as amended by Chapter 19 of the Acts of 2001, is further amended by

(a) striking out clause (b);

(b) striking out "Association" in the second line of clause (d) and substituting "College";

(c) adding immediately after clause (e) the following clause:

(ea) "College" means the Nova Scotia College of Social Workers continued by this Act;

(e) striking out "Association" in the first and in the second lines of clause (h) and substituting in each case "College"; and

(f) striking out "Association" in the second line of clause (m) and substituting "College".

2 Section 4 of Chapter 12 is repealed and the following Section substituted:

4 (1) The Nova Scotia Association of Social Workers is hereby continued as a body corporate under the name of the Nova Scotia College of Social Workers and is composed of the Association's members.

(2) For greater certainty, all assets, property and liabilities held by the Association are vested in the College.

5 In order to

(a) serve and protect the public interest;

(b) preserve the integrity of the social-work profession; and

(c) maintain public confidence in the ability of the social-work profession to regulate itself,

the College shall

(d) regulate the practice of social work through

(i) the registration, licensing, professional conduct and other processes set out in this Act and the regulations,

(ii) the approval and promotion of a code of ethics, and

(iii) the development, approval and promotion of standards of practice, entry-level competencies and continuing competency requirements;

(e) subject to clause (d), and in the public interest, advance and promote the practice of social work;

(f) encourage members to participate in affairs promoting the practice of social work, in the best interest of the public;

(g) advocate for the development, enhancement and promotion of policies to improve social conditions and promote social justice; and

(h) do such other lawful acts and things as are incidental to the attainment of the purpose and objects of the College.

5A (1) For the purpose of this Act, the practice of social work means the provision of professional services to clients through the use of social work knowledge, theory, skills, judgement and values acquired through a program from an approved faculty of social work.

(2) The professional services to clients referred to in subsection (1) may include

(a) intervention through direct contact with clients, including assessment, case management, client-centered advocacy, education, consultation, counselling, crisis intervention and referral;

(b) community development founded on the principles of social justice that focus on mobilizing individuals to employ their skills to effect community change by community capacity building and community- based participation research; and

(c) direct or indirect provision of administrative, educational, policy or research services including

(i) the development and promotion of social policies focused on improving social conditions and promoting social justice,

(ii) the development, the provision and the administration of social-work services programs, and

(iii) the supervision of individuals providing social work services; and
(d) such other activities as may be prescribed by the regulations.

(2) Subsection 6(2) of Chapter 12 is amended by striking out "Association" in the second line and substituting "College".

(3) Subsection 6(3) of Chapter 12 is amended by striking out "Association" in the first line and both times it appears in the second line and substituting in each case "College".

5 Section 7 of Chapter 12 is amended by striking out "Association" in the first and in the second lines and substituting in each case "College".

6 Section 8 of Chapter 12 is amended by striking out "Association" in the first line and substituting "College".

7 Section 9 of Chapter 12 is amended by striking out "Association" in the first line and substituting "College".

8 (1) Subsection 10(1) of Chapter 12 is amended by striking out "Association" in the first and second lines and substituting "College".

(2) Subsection 10(2) of Chapter 12 is amended by striking out "Association" in the first line and substituting "College".

9 (1) Subsection 11(1) of Chapter 12, as amended by Chapter 19 of the Acts of 2001, is further amended by

(a) striking out "Association" in the first line and substituting "College";

(b) striking out "Association" in the second line of clause (a) and substituting "College";

(c) striking out "Association" in the last line of clause (b) and substituting "College";

(d) striking out "Association" in the last line of clause (c) and substituting "College";

(e) striking out "Association" in the second line of clause (e) and substituting "College";

(f) striking out "Association" in the second line of clause (g) and substituting "College";

(g) striking out "Association" in the last line of clause (h) and substituting "College";

(h) striking out "Association" in the second line of clause (l) and substituting "College";

(i) striking out "Association" in the first and second lines of clause (m) and substituting "College"; and

(j) striking out "Association" in the last line of clause (n) and substituting "College".

(2) Subsection 11(2) of Chapter 12 is amended by striking out "Association" in the second and third lines and in the third line and substituting in each case "College".

10 (1) Subsection 12(1) of Chapter 12 is amended by

(a) striking out "Association" in the first line and substituting "College"; and

(b) adding "or appointed" immediately after "elected" in the third line of clause (a).

(2) Subsection 12(3) of Chapter 12 is amended by striking out "Association" in the fourth and fifth lines and substituting "College".

11 Section 14 of Chapter 12 is amended by striking out "Association" in the second line and substituting "College".

12 (1) Clause 15(1)(a) of Chapter 12, as amended by Chapter 19 of the Acts of 2001, is further amended by striking out "Association" in the fourth and fifth lines and substituting "College".

(2) Clause 15(6)(f) of Chapter 12 is amended by striking out "Association" in the first and second lines and substituting "College".

13 Section 20 of Chapter 12 is amended by

(a) striking out "Association" in the second line of clause (g) and substituting "College";

(b) striking out "Association" in the last line of clause (i) and substituting "College";

(c) striking out the period at the end of clause (i) and substituting a semicolon; and

(d) adding immediately after clause (i) the following clauses:

(j) respecting the complaint process;

(k) respecting the hearing process.

15 Section 25A of Chapter 12, as enacted by Chapter 19 of the Acts of 2001, is amended by striking out "Association" in the second line and substituting "College".

16 Section 26 of Chapter 12 is amended by striking out "Association" in the last line and substituting "College".

17 (1) Subsection 28(1) of Chapter 12 is repealed.

(2) Subsection 28(2) of Chapter 12 is amended by

(a) adding "written" immediately after "a" in the first line; and

(b) striking out "Association" both times it appears in the second line and substituting in each case "College".

18 (1) Subsection 29(1) of Chapter 12 is amended by

(a) adding "written" immediately after "investigate" in the second line;

(b) striking out "Association" in the third line and substituting "College.";

(c) striking out "but no action shall be taken by the Committee pursuant to subsection (2) unless" in the third and fourth lines; and

(d) striking out clauses (a) and (b).

(2) Section 29 of Chapter 12, as amended by Chapter 19 of the Acts of 2001, is further amended by adding immediately after subsection (1A) the following subsections:

(1B) Upon receipt of a written complaint, the Complaints Committee shall, in accordance with the procedures set out in the regulations, process the complaint.

(1C) In a proceeding before the Complaints Committee, the respondent has the right to

(a) be represented by legal counsel or by a union representative;

(b) receive a copy of

(i) the written complaint,

(ii) written investigative reports provided to the Complaints Committee, if any, and

(iii) all other documents received by the Complaints Committee; and

(c) make submissions to the Complaints Committee in response to the material set out in clause (b).

19 (1) Subsection 30(1) of Chapter 12 is amended by striking out "Association" in the fourth line and substituting "College".

(2) Subsection 30(6) of Chapter 12, as amended by Chapter 19 of the Acts of 2001, is further amended by striking out "Association" in the last line and substituting "College".

20 Clause 32(1)(b) of Chapter 12, as enacted by Chapter 19 of the Acts of 2001, is amended by striking out "Association" in the first line and substituting "College".

21 Subsection 33(1) of Chapter 12 is amended by striking out "Association" in the second line and substituting "College".

22 Section 34 of Chapter 12, as amended by Chapter 19 of the Acts of 2001, is further amended by

(a) striking out "Association" in the second line of clause (g) and substituting "College";

(b) striking out "Association" in the third line of clause (j) and substituting "College"; and

(c) striking out "Association" in the last line of clause (k) and substituting "College".

23 Section 35 of Chapter 12 is amended by striking out "Association" in the first line and substituting "College".

24 Section 36 of Chapter 12 is amended by striking out "Association" in the first line and substituting "College".

25 Section 37 of Chapter 12, as enacted by Chapter 19 of the Acts of 2001, is amended by striking out "Association" in the second line and substituting "College".

26 Section 38 of Chapter 12, as amended by Chapter 19 of the Acts of 2001, is further amended by striking out "Association" in the second line and substituting "College".

27 Section 39 of Chapter 12 is amended by striking out "Association" in the second line and substituting "College".

28 Section 40 of Chapter 12 is amended by striking out "Association" in the second line and substituting "College".

29 Subsection 55(2) of Chapter 12 is amended by striking out "Association" in the second line and substituting "College".

30 Subsection 56(1) of Chapter 12 is amended by striking out "Board" in the second line and substituting "College".

31 Section 57 of Chapter 12 is amended by striking out "Association" in the first line and substituting "College".

32 Schedule A to Chapter 38 of the Acts of 2008, the Fair Registration Practices Act, is amended by striking out "Association" in the seventeenth line and substituting "College".

33 The Schedule to Chapter 48 of the Acts of 2012, the Regulated Health Professions Network Act, is amended by striking out "Association" in the ninth line and substituting "College".

34 This Act comes into force on such day as the Governor in Council orders by proclamation.