BILL 44

An Act to Amend the
New Brunswick Association of
Social Workers Act

WHEREAS the New Brunswick Association of Social Workers prays that it be enacted as hereinafter set forth;

THEREFORE, His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the New Brunswick Association of Social Workers Act, chapter 23 of the Acts of New Brunswick, 2019, is amended

(a)  in the definition “Court” by striking out “Queen’s Bench” and substituting “King’s Bench”;

(b)  by repealing the definition “health professional” and substituting the following:

“health professional” means a person who is regulated under a private Act, including a social worker and a social work technician, who provides services related to: (professionnel de la santé)

(a)  the preservation or improvement of the health of individuals; or

(b)  the diagnosis, treatment or care of individuals who are injured, sick, disabled or infirm.

(c)  by repealing the definition “member” and substituting the following:

“member” means a person registered with the Association as a social worker or as a social work technician. (membre)

(d)  by repealing the definition “profession” and substituting the following:

“professions” means the professional practice of a social worker and the paraprofessional practice of a social work technician, both of which are regulated under the provisions of this Act. (professions)

(e)  by adding the following definitions in alphabetical order:

“practice of a social work technician” means paraprofessional support to the assessment and prevention of social problems and the enhancement of social functioning and rehabilitation of individuals, families, groups and communities. (activité du technicien ou de la technicienne en travail social)

“social worker” means a member registered to practise social work. (travailleuse sociale ou travailleur social)

“social work technician” means a member limited to the practice of a social work technician. (technicien ou technicienne en travail social)

2 Section 4 of the Act is amended

(a)  in paragraph (a) by striking out “profession of social work” and substituting “professions”;

(b)  in paragraph (b) by striking out “profession” and substituting “professions”;

(c)  in paragraph (c) by striking out “practice of social work” and substituting “professions”.

3 Section 5 of the Act is amended

(a)  by repealing subsection (1) and substituting the following:

5( 1) The responsibility for administration of this Act and the management of the Association shall be vested in a Board which shall consist of not fewer than 13 members, including a President who must be a social worker and other officers provided for in the by-laws.

(b)  by repealing subsection (3) and substituting the following:

5( 3) Not more than one third of the members on the Board may be social work technicians.

(c)  by adding after subsection (3) the following:

5( 4) The number of Directors, their respective terms of office, the manner of their appointment or election and their respective qualifications shall be established and governed by the by-laws, and such by-laws may provide for additional Directors who are not members, for alternative Directors, for the filling of vacancies and for the appointment of additional public representatives.

4 Paragraph 8(1)(e) of the Act is amended by striking out “profession” and substituting “professions”.

5 The heading “Exercice autorisé de la profession” preceding section 9 of the French version of the Act is amended by striking out “de la profession” and substituting “des professions”.

6 Section 9 of the Act is repealed and the following is substituted:

9( 1) Only persons who are members and registered to practise social work with the Association, as provided in this Act or the by-laws, shall be entitled to:

(a)  take and use the title or designation “Registered Social Worker”, “Social Worker” or the initials “R.S.W.” or “S.W.” in English or “travailleur social immatriculé”, “travailleuse sociale immatriculée”, “travailleur social”, “travailleuse sociale” or the initials “T.S.I.” or “T.S.” in French or any similar titles or designations; or

(b)  practise social work in or for application in New Brunswick, either privately or employed by another.

9( 2) Subject to subsection (3), only persons who are members and registered to practise as a social work technician with the Association, as provided in this Act or the by-laws, shall be entitled to:

(a)  take and use the title or designation “Registered Social Work Technician”, “Social Work Technician”, the initials “R.S.W.T.” or “S.W.T.” in English or “technicien en travail social immatriculé”, “technicienne en travail social immatriculée”, “technicien en travail social”, “technicienne en travail social” or the initials “T.T.S.I.” or “T.T.S.” in French or any similar titles or designations; or

(b)  practise as a social work technician in or for application in New Brunswick.

9( 3) A social worker may perform the practice of a social work technician; however, a social work technician shall not perform the practice of a social worker.

7 The heading “Exercice présumé de la profession” preceding section 10 of the French version of the Act is amended by striking out “de la profession” and substituting “des professions”.

8 Section 10 of the Act is repealed and the following is substituted:

10 A person is deemed to practise or offer to practise one of the professions within the meaning or intent of this Act who:

(a)  by verbal claim, sign, advertisement, letterhead, card or use of a title, or in any other way, represents or implies to be or performs the services of a social worker or of a social work technician;

(b)  represents to be a member under this Act; or

(c)  holds out the ability to practise or practises one of the professions or performs any other service which is recognized as part of the professions.

9 Section 11 of the Act is amended

(a)  in subsection (3) by striking out “the profession” and substituting “one of the professions”;

(b)  by repealing paragraph (6)(a) and substituting the following:

(a)  proofs to be furnished as to education, good character, experience or equivalency of qualifications;

(c)  by adding after subsection (6) the following:

11( 6.1) In carrying out its functions under subsection (2), the Committee of Examiners may:

(a)  determine educational requirements for entry to the professions;

(b)  determine what educational activities are equivalent to meeting established educational requirements;

(c)  determine the minimum standards of entrance into educational programs leading to registration of the professions; and

(d)  recognize institutions of learning and establish terms and conditions for recognizing such institutions.

(d)  by repealing subsection (7) and substituting the following:

11( 7) The Committee of Examiners, in consultation with the Board, shall have the power, conjointly with the council or appropriate governing body of any association in any other province or territory of Canada having objects similar to those of the Association, to establish a central examining board and to delegate to such central examining board all or any of the powers possessed by the Association or the Board respecting the examination of candidates for admission to practise the professions.

(e)  by repealing subsection (9) and substituting the following:

11( 9) The Committee shall approve any person who is a duly registered member of a regulatory body of social work of some other province or territory of Canada that has an act of incorporation or constitution similar to that of the Association as a member upon application and payment of requisite fees and upon provision of satisfactory evidence to the Committee of registration in good standing in the other regulatory body.

(f)  by adding after subsection (9) the following:

11( 9.1) The Committee shall approve any person who is registered as a social work technician or equivalent of a regulatory body of some other province or territory of Canada that has an act of incorporation or constitution similar to that of the Association as a member upon application and payment of requisite fees and upon provision of satisfactory evidence to the Committee of registration in good standing in the other regulatory body.

10 Section 12 of the Act is amended

(a)  by repealing subsection (1) and substituting the following:

12( 1) The Registrar shall maintain in accordance with the by-laws a Register of all persons authorized to practise social work or to practise as a social work technician under this Act.

(b)  by repealing subsection (4) and substituting the following:

12( 4) The Registrar shall maintain and publish for inspection by any person at the Association’s office, free of charge, an alphabetical list for each profession, together with the addresses, of all persons authorized to practise the professions.

(c)  by repealing subsection (5) and substituting the following:

12( 5) The Registrar shall forthwith enter into the Register of the Association:

(a)  the result of every proceeding before the Discipline Committee that resulted in the suspension or revocation of a member’s right to practise one of the professions; and

(b)  where the order or findings of the Discipline Committee that resulted in the suspension or revocation of a member’s right to practise one of the professions are appealed, a notation that they are under appeal.

11 Subsection 13(2) of the Act is repealed and the following is substituted:

13( 2) All the provisions of this Act, the by-laws and the rules applicable to a member registered as a social worker apply with all necessary modifications to a professional corporation unless otherwise expressly provided.

12 Section 14 of the Act is amended

(a)  by repealing subsection (2) and substituting the following:

14( 2) The legal and beneficial ownership of a majority of the issued shares of a professional corporation shall be vested in one or more members registered as a social worker and shall entitle such member or members to elect all the directors of the professional corporation.

(b)  by repealing subsection (3) and substituting the following:

14( 3) No member registered as a social worker who is a shareholder of a professional corporation shall enter into a voting trust, proxy or any other type of agreement vesting in a person which is not a member the authority to exercise the voting rights attached to any or all of the member’s shares, and every member who does so commits an offence.

(c)  by repealing subsection (5) and substituting the following:

14( 5) For the purpose of subsection (4), the practice of a social worker shall be deemed not to be carried on by social work technicians, clerks, secretaries, assistants and other persons employed by the professional corporation to perform services that are not usually and ordinarily considered by law, custom or practice to be services that may be performed only by a social worker.

(d)  in subsection (7) by striking out “member” wherever it appears and substituting “social worker”.

13 Subsection 15(1) of the Act is repealed and the following is substituted:

15( 1) The relationship of an individual social worker to a professional corporation, whether as a shareholder, director, officer or employee, does not affect, modify or diminish the application to the individual social worker of the provisions of this Act, the by-laws or the rules.

14 Section 16 of the Act is amended

(a)  in subsection (1) of the French version by striking out “un membre” and substituting “la travailleuse sociale ou le travailleur social”;

(b)  in subsection (2) of the French version by striking out “le membre” and substituting “la travailleuse sociale ou le travailleur social”;

(c)  by repealing subsection (3) of the French version and substituting the following:

16( 3) Les droits et obligations relatifs aux communications destinées ou aux renseignements que reçoivent la travailleuse sociale ou le travailleur social s’appliquent aux actionnaires, administrateurs, dirigeants et employés d’une corporation professionnelle.

15 Subsection 17(5) of the Act is amended

(a)  by repealing paragraph (d) and substituting the following:

(d)  professional misconduct, including negligence in the practice of one of the professions;

(b)  by repealing paragraph (e) and substituting the following:

(e)  incompetence in the practice of one of the professions;

(c)  in paragraph (h) by striking out “regulating” and substituting “regulatory”.

16 Section 18 of the Act is amended

(a)  in subsection (6)

( i) in paragraph (a) by striking out “the profession” and substituting “one of the professions”;

( ii) in paragraph (b) by striking out “the profession” and substituting “one of the professions”;

(b)  in subsection (7)

( i) in paragraph (a) by striking out “the profession” and substituting “one of the professions”;

( ii) in paragraph (b) by striking out “the profession” and substituting “one of the professions”;

( iii) in paragraph c) of the French version by striking out “la profession” and substituting “l’une des professions”;

(c)  in subsection (8)

( i) in paragraph (a) by striking out “the profession” and substituting “one of the professions”;

( ii) in paragraph (b) by striking out “the profession” and substituting “one of the professions”;

( iii) in paragraph (c) by striking out “the profession” and substituting “one of the professions”;

( iv) in paragraph (e)

( A) in subparagraph (i) by striking out “the profession” and substituting “one of the professions”;

( B) in subparagraph (ii) by striking out “the profession” and substituting “one of the professions”;

( C) in subparagraph (iii) by striking out “the profession” and substituting “one of the professions”;

( D) in subparagraph (iv) by striking out “the profession” and substituting “one of the professions”;

(d)  by repealing subsection (11) and substituting the following:

18( 11) Where the Discipline Committee revokes, suspends or restricts the right to practise social work or practise as a social work technician on the ground of incompetence or professional misconduct involving the sexual abuse of a client, the decision takes effect immediately notwithstanding that an appeal is taken from the decision unless the court to which the appeal is taken otherwise orders.

(e)  by repealing subsection (12) and substituting the following:

18( 12) Where the Discipline Committee revokes, suspends or restricts the right to practise social work or practise as a social work technician on a ground other than incompetence or professional misconduct involving the sexual abuse of a client, the decision does not take effect until the time for appeal from the decision has expired or until an appeal has been disposed of or abandoned, except that when the Committee considers it is necessary for the protection of the public it may otherwise order.

17 Subsection 25(1) of the Act is amended by striking out “profession” and substituting “professions”.

18 Section 27 of the Act is amended

(a)  by repealing paragraph (1)(a) and substituting the following:

(a)  practises one of the professions or uses orally or otherwise any title or designation allowed to be used under section 9, or uses any addition to or abbreviation of such titles, or any words, names or designations, with the intent that such use will lead to the belief that the person is a member;

(b)  in subsection (3)

( i) in paragraph (a) by striking out “profession” and substituting “professions”;

( ii) in paragraph (b) by striking out “profession” and substituting “professions”;

( iii) in paragraph (c) by striking out “profession” and substituting “professions”;

(c)  in subsection (4) by striking out “profession” and substituting “professions”.

19 Section 28 of the Act is amended by striking out “profession” and substituting “professions”.

20 Section 30 of the Act is amended

(a)  by repealing paragraph (d) and substituting the following:

(d)  the practice of a recognized and established occupation, calling or profession of which the practice of social work or the practice of a social work technician is a traditional, necessary and integral part;

(b)  by repealing paragraph (e) and substituting the following:

(e)  a person from carrying out functions which may include, in part, the practice of social work or the practice of a social work technician, provided the person does not perform such functions for remuneration and does not represent to be a social worker or social work technician;

(c)  by repealing paragraph (f) and substituting the following:

(f)  a person from carrying out, for remuneration, functions which include, in part, the practice of social work or the practice of a social work technician, provided such functions are performed under the supervision of a social worker and the person does not represent to be a social worker or a social work technician; or

(d)  by repealing paragraph (g) and substituting the following:

(g)  a person employed by a recognized volunteer social agency from carrying out functions which include, in part, the practice of social work or the practice of a social work technician, provided such functions are restricted to carrying out the approved and recognized purposes and responsibilities of the agency and the person does not represent to be a social worker or a social work technician.

Transitional provisions

21( 1) Despite any provision of the New Brunswick Association of Social Workers Act, chapter 23 of the Acts of New Brunswick, 2019, in the six months following the commencement of this Act, the Board may enact a new version of by-laws, and such by-laws shall be valid, binding and effective from the date enacted by the Board until ratified, amended or repealed at the next annual meeting of members or a special meeting of members called to consider such by-laws.

21( 2) If the Board enacts a new version of by-laws under subsection (1), the previous by-laws are superseded and repealed.

21( 3) All persons not members of the Association who practise as social work technicians or equivalent have 12 months following the commencement of this Act to apply for admission as members of the Association.