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“Point in Time” Act Content

SOCIAL WORKERS ACT

[SBC 2008] CHAPTER 31

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
8January 15, 2010
13November 30, 2013
 March 10, 2016
 March 30, 2023
 March 30, 2023
22March 30, 2023
23March 30, 2023
29March 30, 2023
31March 30, 2023
33March 30, 2023
34March 30, 2023
35July 1, 2010
40March 30, 2023
44March 30, 2023
 March 30, 2023
48October 29, 2009

  Section 8 (3) and (4) BEFORE amended by BC Reg 18/2010 under RS1996-440-12, effective January 15, 2010 (BC Reg 18/2010).

(3)  A tariff of costs established under subsection (1) (j) must not provide for recovery of the remuneration paid to inspectors or members of the inquiry committee.

(4)  A tariff of costs established under subsection (1) (k) must not provide for recovery of the remuneration paid to members of the discipline committee.

  Section 13 (5) BEFORE repealed by 2013-8-54, effective November 30, 2013 (BC Reg 214/2013).

(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 if the deputy registrar under that Act has determined that an applicant for registration presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the registrar under this Act must take the failure or determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the applicant.

  Section 13 (2) (b) BEFORE amended by 2016-5-46,Sch 8, effective March 10, 2016 (Royal Assent).

(b) an investigation, review or other proceeding is under way in British Columbia or in another jurisdiction that could result in the person's entitlement to practise social work being limited, suspended or cancelled,

  Section 13 (1) (b) BEFORE amended by 2023-10-1055(a), effective March 30, 2023 (Royal Assent).

(b) satisfies the registrar that he or she is qualified to be a registrant, and

  Section 13 (6) BEFORE amended by 2023-10-1055(b), effective March 30, 2023 (Royal Assent).

(6) A person must not apply for registration or continue to be registered as a member of the college if that person knows that he or she is not qualified to be a registrant.

  Section 22 (3) (b) (v) BEFORE amended by 2023-10-1056, effective March 30, 2023 (Royal Assent).

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise social work.

  Section 23 (5) BEFORE amended by 2023-10-1057, effective March 30, 2023 (Royal Assent).

(5) Subject to an order under section 22 (4) (b), the person from whom any thing is seized under this section or the owner of the thing, if he or she is a different person, is entitled to inspect that thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the board.

  Section 29 (2) and (4) BEFORE amended by 2023-10-1058, effective March 30, 2023 (Royal Assent).

(2) If the inquiry committee acts under subsection (1), it must notify the registrant and his or her employer in writing of its decision, of the reasons for the decision and of the registrant's right to appeal that decision to the Supreme Court.

(4) If the inquiry committee determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant and his or her employer in writing of the cancellation as soon as possible.

  Section 31 (1) (d) BEFORE amended by 2023-10-1059, effective March 30, 2023 (Royal Assent).

(d) advises the respondent that the discipline committee is entitled to proceed with the hearing in his or her absence.

  Section 33 (10), (11) and (13) BEFORE amended by 2023-10-1060, effective March 30, 2023 (Royal Assent).

(10) On application to the Supreme Court by a person authorized by the discipline committee, a person who fails to attend or to produce records as required by an order under subsection (9) is liable to be committed for contempt as if he or she were in breach of an order or judgment of the Supreme Court.

(11) If the discipline committee considers that action is necessary to protect the public between the time a hearing is commenced and the time it makes an order under section 34 (4), the discipline committee

(a) may set limits or conditions on the practice of social work by the registrant or may suspend the registration of the registrant, and

(b) must notify the registrant and his or her employer in writing of its decision under paragraph (a), of the reasons for the decision and of the registrant's right to appeal that decision to the Supreme Court.

(13) If the discipline committee determines that action taken under subsection (11) (a) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant and his or her employer in writing of the cancellation as soon as possible.

  Section 34 (1) (b) (v) BEFORE amended by 2023-10-1061, effective March 30, 2023 (Royal Assent).

(v) suffers from an incapacity or impairment that prevents the respondent from engaging in the practice of social work with reasonable skill, competence and safety to the public.

  Section 35 (3) BEFORE amended by 2010-6-81, effective July 1, 2010.

(3)  An appeal under this section must be an originating application commenced by filing a petition in any registry of the Supreme Court, and the Rules of Court respecting originating applications apply to the appeal but Rule 49 does not apply.

  Section 40 (4) BEFORE amended by 2023-10-1062, effective March 30, 2023 (Royal Assent).

(4) If a registrant is required to file a report under subsection (1) because of information obtained from one of the registrant's clients, the registrant must use his or her best efforts to advise the client of the requirement to file the report before doing so.

  Section 44 (1) BEFORE amended by 2023-10-1063(a), effective March 30, 2023 (Royal Assent).

(1) If a regulation made under section 50 (2) (b) limits the services that may be performed in the course of the practice of social work by a registrant, a registrant must limit his or her practice of social work in accordance with the regulation.

  Section 44 (2) (b) BEFORE amended by 2023-10-1063(b), effective March 30, 2023 (Royal Assent).

(b) a person must not recover a fee or remuneration in any court in respect of the performance of the service unless, at the time of performance, he or she was a registrant entitled to perform the service.

  Section 48 (1) BEFORE amended by 2009-21-5,Sch 2, effective October 29, 2009 (Royal Assent).

(1)  Subject to the Child, Family and Community Service Act, the Ombudsman Act and the Representative for Children and Youth Act, a person must preserve confidentiality with respect to all matters or things that come to the person's knowledge while exercising a power or performing a duty or function under this Act unless the disclosure is