jswizzle3737/ontario_laws_and_regs huggingface dataset:
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
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
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
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).
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).
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).
7 A majority of the members of Council constitute a quorum.  1998, c. 31, s. 7.
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
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).
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).
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).
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).
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.
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 whose certificate of registration is suspended continues to be subject to the jurisdiction of the College for professional misconduct, incompetence or incapacity referable to any time during which the person was a member or to the period of the suspension and may be investigated under sections 24 and 32.  2009, c. 33, Sched. 8, s. 20 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 20 (1-3) - 15/12/2009
14 (1) The Council shall establish the following committees: 1.  Executive Committee. 2.  Registration Appeals Committee. 3.  Complaints Committee. 4.  Discipline Committee. 5.  Fitness to Practise Committee.  1998, c. 31, s. 14 (1). Same (2) In appointing persons to each committee, the Council shall ensure that, (a)  each committee has at least one member who was elected to the Council as a social worker, at least one member who was elected to the Council as a social service worker and at least one member who was appointed to the Council; (b)  at least one-half of the members of each committee are persons elected to the Council; (c)  at least one-third of the members of each committee are persons appointed to the Council; (d)  no person who is a member of the Complaints Committee is also a member of the Discipline Committee or the Fitness to Practise Committee; and (e)  the appointments are made in accordance with the by-laws.  1998, c. 31, s. 14 (2). Chair (3) The Council shall appoint one of the members of each committee referred to in subsection (1) as the Chair of that committee.  1998, c. 31, s. 14 (3). Panel appointed (4) The chair of a committee may appoint panels from among the committee’s members and authorize them to exercise the committee’s powers or perform its duties, including powers or duties to conduct reviews, to consider and investigate written complaints, to consider investigation reports, to make orders and to hold hearings.  2009, c. 33, Sched. 8, s. 20 (4). Same (5) Each panel appointed under subsection (4) shall be composed of at least three persons and at least one-third of the members of each panel shall be persons appointed to the Council.  1998, c. 31, s. 14 (5). Same (6) A decision of a panel appointed under subsection (4) shall be deemed to be the decision of the committee from which it was appointed.  1998, c. 31, s. 14 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 20 (4) - 15/12/2009
15 The Council may establish other committees that the Council from time to time considers necessary.  1998, c. 31, s. 15.
16 If one or more vacancies occur in the membership of a committee of the Council, the members remaining on the committee constitute the committee so long as their number is not fewer than the quorum established in the by-laws.  1998, c. 31, s. 16.
16.1 If, after a committee commences a hearing into a matter, a person who was a member of the committee ceases to be a member of the committee, the person is deemed, for the purposes of dealing with the matter, to remain a member of the committee until the final disposition of the matter.  2009, c. 33, Sched. 8, s. 20 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 20 (5) - 15/12/2009
16.2 If, after a committee commences a hearing into a matter, a member of the committee becomes incapacitated, the remaining members of the committee may continue to hear the matter and to render a decision with respect to it.  2009, c. 33, Sched. 8, s. 20 (5). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 20 (5) - 15/12/2009
17 The Council may delegate to the Executive Committee the authority to exercise any power or perform any duty of the Council other than the power to make, amend or revoke a regulation or by-law.  1998, c. 31, s. 17. PART II 
REGISTRATION Issuing or refusing to issue certificate of registration
18 (1) The Registrar shall issue a certificate of registration for social work to an applicant if the applicant, (a)  applies for it in accordance with the regulations and the by-laws; (b)  meets the registration requirements prescribed by the regulations; and (c)  has paid the fees prescribed by the by-laws.  2009, c. 24, s. 34 (1). Same (2) The Registrar shall issue a certificate of registration for social service work to an applicant if the applicant, (a)  applies for it in accordance with the regulations and the by-laws; (b)  meets the registration requirements prescribed by the regulations; and (c)  has paid the fees prescribed by the by-laws.  2009, c. 24, s. 34 (1). Grounds for refusal (3) The Registrar may refuse to issue a certificate of registration for social work or social service work if the Registrar has reasonable grounds to believe that, (a)  the past conduct or actions of the applicant afford grounds for belief that the applicant will not perform his or her duties as a social worker or social service worker, as the case may be, in accordance with the law, including but not limited to this Act, the regulations and the by-laws; or (b)  the applicant does not fulfil the requirements of this Act, the regulations or the by-laws for the issuance of the certificate.  1998, c. 31, s. 18 (3); 2009, c. 24, s. 34 (2). Same (4) Except as otherwise directed under this Act, the Registrar shall refuse to issue a certificate of registration for social work or social service work to an applicant who previously held such a certificate of registration that was revoked as a result of a decision of the Discipline Committee or the Fitness to Practise Committee and that was not reinstated under section 29 or 30.  1998, c. 31, s. 18 (4). Terms, etc. (5) If the Registrar believes that a certificate of registration should be issued to an applicant with terms, conditions or limitations, the Registrar may impose those terms, conditions or limitations.  1998, c. 31, s. 18 (5). Section Amendments with date in force (d/m/y) 2009, c. 24, s. 34 (1, 2) - 15/12/2009
19 (1) The Registrar shall give an applicant for a certificate of registration, at the applicant’s request, a copy of each document the College has that is relevant to the application.  1998, c. 31, s. 19 (1). Exception (2) The Registrar may refuse to give an applicant anything that may, in the Registrar’s opinion, jeopardize the safety of any person.  1998, c. 31, s. 19 (2).
20 (1) If the Registrar proposes to do one of the following, the Registrar shall first serve notice of the proposal, with written reasons for it, on the applicant: 1.  Refuse to issue a certificate of registration. 2.  Impose terms, conditions or limitations to which the applicant has not consented on a certificate of registration to be issued.  1998, c. 31, s. 20 (1). Exception (2) Subsection (1) does not apply if the Registrar refuses to issue a certificate under subsection 18 (4).  1998, c. 31, s. 20 (2). Contents of notice (3) A notice under subsection (1) shall state that the applicant may request a review by the Registration Appeals Committee in accordance with subsection (4).  1998, c. 31, s. 20 (3). Request for review (4) The request for review shall be in writing and shall be served on the Registrar within 60 days after the notice under subsection (1) is served on the applicant.  1998, c. 31, s. 20 (4). Submissions (5) The request for review may be accompanied by written submissions.  1998, c. 31, s. 20 (5). Power of Registrar if no request (6) If an applicant does not request a review in accordance with subsection (4), the Registrar shall carry out the proposal stated in the notice under subsection (1).  1998, c. 31, s. 20 (6).
21 (1) If an applicant requests a review in accordance with subsection 20 (4), the Registration Appeals Committee shall conduct the review.  1998, c. 31, s. 21 (1). Exception (2) Despite subsection (1), the Committee shall refuse to conduct a review if, in its opinion, the request for review is frivolous, vexatious or an abuse of process.  1998, c. 31, s. 21 (2). Extension of time for requesting review (3) The Committee may extend the time for requesting a review under subsection 20 (4) if it is satisfied that there are apparent grounds for granting relief on the review and that there are reasonable grounds for applying for the extension.  1998, c. 31, s. 21 (3). Examination of documents, submissions (4) The Committee shall ensure that the person requesting the review is given an opportunity to examine and make written submissions on any documents that the Committee intends to consider in making its decision on the review.  1998, c. 31, s. 21 (4). No hearing (5) Except as provided by section 20 and this section, the Committee need not hold a hearing or afford to any person an opportunity for a hearing or an opportunity to make oral or written submissions before making a decision or giving a direction under this part.  1998, c. 31, s. 21 (5). Order (6) After considering the request for review, the submissions and any document that the Committee considers relevant, the Committee may make an order doing one or more of the following: 1.  Directing the Registrar to issue the appropriate certificate of registration. 2.  Directing the Registrar to issue the appropriate certificate of registration and to make it subject to specified terms, conditions or limitations. 3.  Directing the Registrar to vary specified terms, conditions or limitations in the Registrar’s proposal. 4.  Directing the Registrar to refuse to issue a certificate of registration.  1998, c. 31, s. 21 (6). Service of decision on parties (7) The Committee shall give its decision under this section in writing to the Registrar, with reasons, within 60 days after considering the request for review and shall serve the person who requested the review with a copy.  1998, c. 31, s. 21 (7).
22 (1) The Registrar shall maintain a register.  1998, c. 31, s. 22 (1). Contents (2) Subject to any by-law respecting the removal of information from the register, the register shall contain, (a)  the name of each member of the College and the class of certificate of registration that the member holds; (b)  any terms, conditions and limitations imposed on the member’s certificate of registration; (c)  a notation of every revocation, cancellation and suspension of a member’s certificate of registration; (c.1)  the name of every professional corporation issued a certificate of authorization under this Act; (c.2)  a notation of every revocation or suspension of a certificate of authorization; (d)  information that a committee required by subsection 14 (1) directs shall be included; and (e)  information that the by-laws prescribe as information to be kept in the register.  1998, c. 31, s. 22 (2); 2000, c. 42, Sched., s. 42. Inspection (3) Any person has the right, during normal business hours, to inspect the register.  1998, c. 31, s. 22 (3). Copies (4) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of the register.  1998, c. 31, s. 22 (4). Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 42 - 01/11/2001
23 (1) The Registrar may suspend the certificate of registration of a member of the College for, (a)  failure to pay a fee or penalty prescribed by the by-laws; or (b)  failure to provide information required by the by-laws.  1998, c. 31, s. 23 (1). Same (2) The Registrar shall not suspend a member’s certificate of registration without first giving the member two-months notice of the default and intention to suspend.  1998, c. 31, s. 23 (2). Reinstatement (3) Subject to subsection (4), a person whose certificate of registration has been suspended under subsection (1) is entitled to have the suspension removed on payment of the fees and penalties prescribed by the by-laws or on provision of the information required by the by-laws, as the case may be.  1998, c. 31, s. 23 (3); 2009, c. 33, Sched. 8, s. 20 (6). Revocation (4) The Registrar may revoke the certificate of registration of a person whose certificate of registration has been suspended under subsection (1), if the suspension remains in effect for a period of time prescribed by the regulations.  2009, c. 33, Sched. 8, s. 20 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 20 (6, 7) - 15/12/2009
23.1 Subject to the by-laws, a member or two or more members practising social work or social service work as individuals or as a partnership may establish a professional corporation for the purpose of practising social work or social service work, and the provisions of the Business Corporations Act that apply to professional corporations within the meaning of that Act apply to such a corporation.  2000, c. 42, Sched., s. 43. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 43 - 01/11/2001
23.2 A professional corporation shall notify the Registrar within the time and in the form and manner determined under the by-laws of a change in the shareholders of the corporation.  2000, c. 42, Sched., s. 43. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 43 - 01/11/2001
23.3 This Act, the regulations and the by-laws apply to a member despite the fact that the member practises social work or social service work through a professional corporation.  2000, c. 42, Sched., s. 43. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 43 - 01/11/2001
23.4 (1) The professional, fiduciary and ethical obligations of a member to a person on whose behalf the member is practising social work or social service work, (a)  are not diminished by the fact that the member is practising through a professional corporation; and (b)  apply equally to the corporation and to its directors, officers, shareholders, agents and employees.  2000, c. 42, Sched., s. 43; 2001, c. 8, s. 234 (1). Complaint, etc. (2) Subsections (3) and (4) apply if an action or the conduct of a member practising on behalf of a professional corporation is the subject of one of the following: 1.  A complaint. 2.  A mandatory report. 3.  An allegation of professional misconduct, incompetence or incapacity. 4.  An investigation, inspection or review. 5.  A hearing.  2001, c. 8, s. 234 (2). Powers when complaint, etc. (3) In the circumstances described in subsection (2), any power that may be exercised in respect of the member may be exercised in respect of the professional corporation.  2001, c. 8, s. 234 (2). Liability when complaint, etc. (4) In the circumstances described in subsection (2), the professional corporation is jointly and severally liable with the member for all fines and costs that the member is ordered to pay.  2001, c. 8, s. 234 (2). Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 43 - 01/11/2001 2001, c. 8, s. 234 (1, 2) - 01/11/2001
23.4.1 If there is a conflict between a member’s duty to a client, the College or the public and the member’s duty to a professional corporation as a director or officer of the corporation, the duty to the client, the College or the public prevails. 2001, c. 8, s. 235. Section Amendments with date in force (d/m/y) 2001, c. 8, s. 235 - 01/11/2001
23.5 A term, condition or limitation imposed on the certificate of registration of a member practising social work or social service work through a corporation applies to the certificate of authorization of the corporation in relation to the practice of social work or social service work through the member.  2000, c. 42, Sched., s. 43. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched., s. 43 - 01/11/2001
23.6 (1) In the course of practising social work or social service work, a professional corporation shall not do, or fail to do, something that would constitute professional misconduct if a member did, or failed to do, it.  2001, c. 8, s. 235. Prohibition, contraventions (2) A professional corporation shall not contravene any provision of this Act, the regulations or the by-laws.  2001, c. 8, s. 235. Same (3) A professional corporation shall not contravene a term, condition or limitation imposed on its certificate of authorization.  2001, c. 8, s. 235. Prohibition, corporate matters (4) A professional corporation shall not practise social work or social service work when it does not satisfy the requirements for a professional corporation under this Act and under subsection 3.2 (2) of the Business Corporations Act.  2001, c. 8, s. 235. Same (5) A professional corporation shall not permit shares to be voted in contravention of subsection 3.2 (4) of the Business Corporations Act.  2001, c. 8, s. 235. Section Amendments with date in force (d/m/y) 2001, c. 8, s. 235 - 01/11/2001 PART III 
COMPLAINTS COMMITTEE, DISCIPLINE COMMITTEE AND FITNESS TO PRACTISE COMMITTEE
25 (1) The Council or the Executive Committee may direct the Discipline Committee to hold a hearing and determine any allegation of professional misconduct or incompetence on the part of a member of the College.  1998, c. 31, s. 25 (1). Same (2) The Council or the Executive Committee may direct the Fitness to Practise Committee to hold a hearing and determine any allegation of incapacity on the part of a member of the College.  1998, c. 31, s. 25 (2). Interim suspension (3) The Council or the Executive Committee may make an interim order directing the Registrar to suspend the certificate of registration of a member of the College or impose terms, conditions or limitations on a member’s certificate of registration if, (a)  an allegation respecting the member has been referred to the Discipline Committee or to the Fitness to Practise Committee; and (b)  the Council or the Executive Committee believes that the actions or conduct of the member in the course of his or her practice exposes or is likely to expose a person or persons to harm or injury.  1998, c. 31, s. 25 (3). Restriction (4) No order shall be made under subsection (3) unless the member has been given, (a)  notice of the Council’s or the Executive Committee’s intention to make the order; and (b)  at least 14 days to make written submissions to the Council or the Executive Committee.  1998, c. 31, s. 25 (4). Same (5) Clause (4) (b) does not apply if the Council or the Executive Committee believes that the delay would be inappropriate in view of the risk of harm or injury to a person or persons.  1998, c. 31, s. 25 (5). No hearing (6) Except as provided by this section, the Council or the Executive Committee need not hold a hearing or afford any person an opportunity to make oral or written submissions before making a decision or giving a direction under this section.  1998, c. 31, s. 25 (6). Procedure following order (7) If an order is made under subsection (3) in relation to a matter referred to the Discipline Committee or to the Fitness to Practise Committee, (a)  the College shall prosecute the matter expeditiously; and (b)  the committee shall give precedence to the matter.  1998, c. 31, s. 25 (7). Duration of order (8) An order under subsection (3) continues in force until the matter is disposed of by the Discipline Committee or the Fitness to Practise Committee.  1998, c. 31, s. 25 (8).
27 (1) The Fitness to Practise Committee shall, (a)  hear and determine matters directed or referred to it under sections 24, 25 or 29; and (b)  perform any other duties assigned to it by the Council.  1998, c. 31, s. 27 (1). Incapacity (2) The Fitness to Practise Committee may, after a hearing, find a member of the College to be incapacitated if, in its opinion, the member is suffering from a physical or mental condition or disorder such that, (a)  the member is unfit to continue to carry out his or her professional responsibilities; or (b)  a certificate of registration held by the member under this Act should be made subject to terms, conditions or limitations.  1998, c. 31, s. 27 (2). Powers of Fitness to Practise Committee (3) If the Fitness to Practise Committee finds a member to be incapacitated, it shall make an order doing one or more of the following: 1.  Directing the Registrar to revoke the member’s certificate of registration. 2.  Directing the Registrar to suspend the member’s certificate of registration for a specified period, not exceeding 24 months. 3.  Directing the Registrar to impose specified terms, conditions or limitations on the member’s certificate of registration. 4.  Directing that the imposition of a penalty be postponed for a specified period and not be imposed if specified terms are met within that period.  1998, c. 31, s. 27 (3). Same (4) In making an order under paragraph 4 of subsection (3), the Committee may specify the terms that it considers appropriate, including but not limited to terms requiring the production to the Committee of evidence satisfactory to it that any physical or mental condition or disorder in respect of which the penalty was imposed has been resolved.  1998, c. 31, s. 27 (4). Same (5) In making an order revoking or suspending a certificate of registration or imposing terms, conditions or limitations on a certificate of registration, the Committee may fix a period during which the member may not apply under section 29.  1998, c. 31, s. 27 (5). Publication on request (6) The Fitness to Practise Committee shall cause a determination by the Committee that an allegation of incapacity was unfounded to be published in the official publication of the College, on the request of the member against whom the allegation was made.  1998, c. 31, s. 27 (6). Costs (7) If the Fitness to Practise Committee believes that the commencement of the proceeding was unwarranted, the Committee may order that the College reimburse the member for his or her costs or the portion of them fixed by the Committee.  1998, c. 31, s. 27 (7).
30 The Council or Executive Committee may, without a hearing, with respect to a person who has had a certificate suspended or revoked for any reason under this Act, make an order doing one or more of the following: 1.  Directing the Registrar to issue a certificate of registration to the person. 2.  Directing the Registrar to remove the suspension of the person’s certificate of registration.  1998, c. 31, s. 30. PART V 
APPEALS TO COURT
31 (1) A party to a proceeding before the Registration Appeals Committee, the Discipline Committee or the Fitness to Practise Committee may appeal to the Divisional Court, in accordance with the rules of court, from the decision or order of the committee.  1998, c. 31, s. 31 (1). Same (2) For purposes of this section, a person who requests a review under section 20 is a party to the review by the Registration Appeals Committee.  1998, c. 31, s. 31 (2). Certified copy of record (3) On the request of a party desiring to appeal to the Divisional Court and on payment of the fee prescribed by the by-laws for the purpose, the Registrar shall give the party a certified copy of the record of the proceeding, including any documents received in evidence and the decision or order appealed from.  1998, c. 31, s. 31 (3). Powers of court on appeal (4) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the committee appealed from and may exercise all powers of the committee and may direct the committee to take any action which the committee may take and that the court considers appropriate and, for the purpose, the court may substitute its opinion for that of the committee or the court may refer the matter back to the committee for rehearing, in whole or in part, in accordance with any directions the court considers appropriate.  1998, c. 31, s. 31 (4). Effect of appeal (5) An appeal from a decision or order of a committee mentioned in subsection (1) does not operate as a stay of that decision or order.  1998, c. 31, s. 31 (5). PART VI 
REGISTRAR’S POWERS OF INVESTIGATION
32 (1) If the Registrar believes on reasonable and probable grounds, (a)  that a member of the College has committed an act of professional misconduct or is incompetent or incapacitated; (b)  that there is cause to refuse to issue a certificate applied for under this Act; (c)  that there is cause to suspend or revoke a certificate issued under this Act; or (d)  that there is cause to impose terms, conditions or limitations on a certificate applied for or issued under this Act, the Registrar may appoint one or more investigators to investigate whether such act has occurred, such incompetence or incapacity exists or there is such cause.  1998, c. 31, s. 32 (1). Approval of Executive Committee (2) The Registrar shall not make an appointment under subsection (1) without the approval of the Executive Committee.  1998, c. 31, s. 32 (2). Powers of investigator (3) The investigator may inquire into and examine the conduct or actions of the member to be investigated as the conduct or actions relate to the matter the Registrar sought to be investigated in appointing the investigator.  1998, c. 31, s. 32 (3). Application of Public Inquiries Act, 2009 (4) Section 33 of the Public Inquiries Act, 2009 applies to the investigation.  2009, c. 33, Sched. 6, s. 86. Same (5) The investigator may, on production of his or her appointment, enter at any reasonable time the place of work of the member or the premises of the member’s employer and may examine anything found there that is relevant to the investigation.  1998, c. 31, s. 32 (5). Obstruction of investigator (6) No person shall obstruct an investigator in the course of his or her duties or withhold or conceal from him or her or destroy anything that is relevant to the investigation.  1998, c. 31, s. 32 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 86 - 01/06/2011
33 (1) A justice of the peace may, on the application of an investigator, issue a warrant authorizing the investigator to enter and search a place and examine anything that is relevant to the investigation if the justice of the peace is satisfied that the investigator has been properly appointed and that there are reasonable and probable grounds for believing that, (a)  the member being investigated has committed an act of professional misconduct or is incompetent or incapacitated; and (b)  there is something relevant to the investigation at the place.  1998, c. 31, s. 33 (1). Searches by day unless stated (2) A warrant issued under subsection (1) does not authorize an entry or search after sunset or before sunrise unless it is expressly stated in the warrant.  1998, c. 31, s. 33 (2). Assistance and entry by force (3) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) may be assisted by other persons and may enter a place by force.  1998, c. 31, s. 33 (3). Investigator to show identification (4) An investigator entering and searching a place under the authority of a warrant issued under subsection (1) shall produce his or her identification, on request, to any person at the place.  1998, c. 31, s. 33 (4). Documents and objects
34 (1) An investigator may copy, at the College’s expense, a document or object that an investigator may examine under section 32 or under the authority of a warrant issued under section 33.  1998, c. 31, s. 34 (1). Removal of documents and objects (2) An investigator may remove a document or object described in subsection (1) if, (a)  it is not practicable to copy it in the place where it is examined; or (b)  a copy of it is not sufficient for the purposes of the investigation.  1998, c. 31, s. 34 (2). Return of documents and objects or copies (3) If it is practicable to copy a document or object removed under subsection (2), the investigator shall, (a)  if it was removed under clause (2) (a), return the document or object within a reasonable time; or (b)  if it was removed under clause (2) (b), provide the person who was in possession of the document or object with a copy of it within a reasonable time.  1998, c. 31, s. 34 (3). Copy as evidence (4) A copy of a document or object certified by an investigator to be a true copy shall be received in evidence in any proceeding to the same extent and shall have the same evidentiary value as the document or object itself.  1998, c. 31, s. 34 (4).
35 The Registrar shall report the results of an investigation to one or more of the Executive Committee, the Registration Appeals Committee, the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee, as the Registrar considers appropriate.  1998, c. 31, s. 35. Incapacitated member
35.1 (1) If the Registrar believes that a member of the College may be incapacitated, the Registrar may report the matter to the Executive Committee.  2009, c. 33, Sched. 8, s. 20 (10). Inquiries by Executive Committee (2) If the Registrar reports a matter under subsection (1), the Executive Committee shall make the inquiries that it considers appropriate.  2009, c. 33, Sched. 8, s. 20 (10). Physical or mental examinations (3) If the Executive Committee has reasonable and probable grounds to believe that the member is incapacitated, it may, (a)  require the member to submit to a physical or mental examination, or to both, which shall be conducted or ordered by a qualified professional specified by the Committee; and (b)  make an order, subject to subsection (5), directing the Registrar to suspend the member’s certificate of registration until he or she submits to the examinations.  2009, c. 33, Sched. 8, s. 20 (10). Report of examinations to member, etc. (4) The Executive Committee shall give a copy of any report of any examinations required under subsection (3) to the member and may give a copy of the report to one or more of the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee, as it considers appropriate.  2009, c. 33, Sched. 8, s. 20 (10). Notice (5) No order shall be made under subsection (3), unless the member has been given, (a)  notice of the Executive Committee’s intention to make the order; and (b)  at least 14 days after the notice was given to make written submissions in respect of it to the Executive Committee.  2009, c. 33, Sched. 8, s. 20 (10). Same, exception (6) Clause (5) (b) does not apply if the Executive Committee believes that the delay would be inappropriate in view of the risk of harm or injury to a person or persons.  2009, c. 33, Sched. 8, s. 20 (10). No right to hearing (7) Except as provided by this section, the Executive Committee need not hold a hearing or afford a person an opportunity to make oral or written submissions before making a decision or giving a direction under this section.  2009, c. 33, Sched. 8, s. 20 (10). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 8, s. 20 (10) - 15/12/2009 PART VII 
REGULATIONS AND BY-LAWS
38 (1) The Lieutenant Governor in Council may make regulations, (a)  prescribing additional functions of the College for the purposes of paragraph 10 of subsection 3 (2); (b)  respecting the appointment of persons to the Council under clause 4 (2) (c), including but not limited to regulations specifying how different interests are to be represented on the Council; (c)  providing for any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with the establishment of the College or the assumption of powers and duties by the College; (d)  providing for any other matters the Lieutenant Governor in Council considers necessary or advisable in connection with the College.  1998, c. 31, s. 38 (1). Conflict (2) In the event of a conflict between a regulation made under clause (1) (c) and this Act, the regulation prevails.  1998, c. 31, s. 38 (2).
39 (1) A regulation or by-law made under this Act may be general or specific.  1998, c. 31, s. 39 (1). Same (2) Without limiting the generality of subsection (1), a regulation or by-law may be limited in its application to any class of members of the College, certificates or qualifications.  1998, c. 31, s. 39 (2).
40 (1) The Council shall ensure that a copy of each regulation and by-law made under this Act is available for public inspection in the office of the College.  1998, c. 31, s. 40 (1). Same (2) The Registrar shall provide to any person on payment of a reasonable charge, a copy of any regulation or by-law made under this Act.  1998, c. 31, s. 40 (2). PART VIII 
REPORTS TO COLLEGE CONCERNING MEMBERS’ CONDUCT
41 (1) A person who, for reasons of professional misconduct, incompetence or incapacity of a member of the College, terminates the employment of the member shall file with the Registrar within 30 days after the termination, a written report setting out the reasons.  1998, c. 31, s. 41 (1). Report to College, intention to terminate for misconduct, etc. (2) If a person intended to terminate the employment of a member for reasons of professional misconduct, incompetence or incapacity but the person did not do so because the member resigned, the person shall file with the Registrar within 30 days after the resignation a written report setting out the reasons upon which the person intended to act.  1998, c. 31, s. 41 (2). Reports where member convicted of offence
42 (1) A person shall promptly notify the College in writing if the person becomes aware that a member of the College who is or has been employed by the person has been convicted of an offence under the Criminal Code (Canada) involving sexual conduct.  1998, c. 31, s. 42 (1). Member’s report, member convicted of offence (2) A member of the College shall promptly notify the College in writing if he or she is convicted of an offence under the
Criminal Code (Canada) involving sexual conduct.  1998, c. 31, s. 42 (2).
43 (1) A member of the College shall file a report to the College in accordance with section 44 if, in the course of his or her practice, the member obtains reasonable grounds to believe that another member has sexually abused a client.  1998, c. 31, s. 43 (1). Exception (2) A member is not required to file a report under subsection (1) if the member does not have information to identify the member who would be the subject of the report.  1998, c. 31, s. 43 (2). Information from client (3) If a member is required to file a report because of reasonable grounds obtained from one of the member’s clients, the member shall use his or her best efforts to advise the client of the requirement to file the report before doing so.  1998, c. 31, s. 43 (3). Definition (4) In this section and section 44, “sexual abuse”, with respect to a client by a member of the College means, (a)  sexual intercourse or another form of physical sexual relations between the member and the client, (b)  touching, of a sexual nature, of the client by the member, or (c)  behaviour or remarks of a sexual nature by the member towards the client, other than behaviour or remarks of a clinical nature appropriate to the service provided.  1998, c. 31, s. 43 (4).
44 (1) A report under section 43 shall be filed, (a)  forthwith, if the person who is required to file the report has reasonable grounds to believe that the member will continue to sexually abuse the client or will sexually abuse other clients; or (b)  within 30 days after the obligation to report arose, otherwise.  1998, c. 31, s. 44 (1). Contents of report (2) The report shall include, (a)  the name of the person filing the report; (b)  the name of the member who is the subject of the report; (c)  an explanation of the alleged sexual abuse; (d)  if the grounds of the person filing the report are related to a particular client of the member who is the subject of the report, the name of that client, subject to subsection (3).  1998, c. 31, s. 44 (2). Consent required re name (3) The name of a client who may have been sexually abused shall not be included in a report unless the client, or if the client is incapable, the client’s representative, consents in writing to the inclusion of the client’s name.  1998, c. 31, s. 44 (3).
45 No proceeding shall be instituted against a person for filing a report in good faith under this Part.  1998, c. 31, s. 45. PART IX 
MISCELLANEOUS
46 (1) No person except a registered social worker shall use the English title “social worker” or “registered social worker” or the French title “travailleur social” or “travailleur social inscrit” or an abbreviation of any of those titles to represent expressly or by implication that he or she is a social worker or registered social worker.  1998, c. 31, s. 46 (1). Same (2) No person except a registered social worker shall represent or hold out expressly or by implication that he or she is a social worker or a registered social worker.  1998, c. 31, s. 46 (2).
47 (1) No person except a registered social service worker shall use the English title “social service worker” or “registered social service worker” or the French title “technicien en travail social” or “technicien en travail social inscrit” or an abbreviation of any of those titles to represent expressly or by implication that he or she is a social service worker or registered social service worker.  1998, c. 31, s. 47 (1). Same (2) No person except a registered social service worker shall represent or hold out expressly or by implication that he or she is a social service worker or a registered social service worker.  1998, c. 31, s. 47 (2). Professional corporations: representations
47.1 (1) A professional corporation shall not represent or hold out expressly or by implication that it is a professional corporation under this Act unless the corporation holds a valid certificate of authorization to practise social work or social service work.  2001, c. 8, s. 237. Representations by shareholders, etc. (2) A person shall not represent or hold out expressly or by implication that the person is a shareholder, director, officer, employee or agent of a corporation that is a professional corporation under this Act unless the corporation holds a valid certificate of authorization to practise social work or social service work.  2001, c. 8, s. 237. Section Amendments with date in force (d/m/y) 2001, c. 8, s. 237 - 01/11/2001
47.2 Despite section 8 of the Psychotherapy Act, 2007, a member of the College who is authorized to perform the controlled act of psychotherapy may use the title “psychotherapist” if the member complies with the following conditions, as applicable: 1.  When describing himself or herself orally as a psychotherapist, the member must also mention that he or she is a member of the Ontario College of Social Workers and Social Service Workers, or identify himself or herself using the title restricted to him or her as a member of the College. 2.  When identifying himself or herself in writing as a psychotherapist on a name tag, business card or any document, the member must set out his or her full name, immediately followed by at least one of the following, followed in turn by “psychotherapist”: i.  Ontario College of Social Workers and Social Service Workers, ii.  the title that the member may use under this Act. 3.  The member may only use the title “psychotherapist” in compliance with this Act, the regulations and the by-laws.  2009, c. 26, s. 26 (1). Section Amendments with date in force (d/m/y) 2009, c. 26, s. 26 (1) - 30/12/2017