ontario regulation 320/10
made under the
Social work and Social Service Work Act, 1998
Made: July 8, 2010
Approved: August 10, 2010
Filed: August 13, 2010
Published on e-Laws: August 17, 2010
Printed in The Ontario Gazette: August 28, 2010
Amending O. Reg. 383/00
(Registration)
1. Section 2 of Ontario Regulation 383/00 is amended by adding the following definitions:
“Agreement on Internal Trade” means the Agreement on Internal Trade as defined in the Ontario Labour Mobility Act, 2009;
“authorizing certificate”, in relation to the profession of social work, means a certificate, licence, registration or other form of official recognition, granted by an out-of-province regulatory authority to an individual, which attests to the individual being qualified to practise the profession of social work and authorizes the individual to practise the profession of social work or to use a title or designation relating to the profession, or both;
“out-of-province regulatory authority” means a body or individual that is authorized to grant an authorizing certificate under an Act of Canada or of a province or territory of Canada that is a party to the Agreement on Internal Trade, other than Ontario;
“role of a social service worker” means the role of a person who assesses, treats and evaluates individual, interpersonal and societal problems through the use of social service work knowledge, skills, interventions and strategies, to assist individuals, dyads, families, groups, organizations and communities to achieve optimum social functioning;
“role of a social worker” means the role of a person who assesses, diagnoses, treats and evaluates individual, interpersonal and societal problems through the use of social work knowledge, skills, interventions and strategies, to assist individuals, dyads, families, groups, organizations and communities to achieve optimum psychosocial and social functioning.
2. (1) Subsection 5 (1) of the Regulation is amended by striking out “sections 18, 59 and 63” and substituting “section 18”.
(2) Paragraph 5 of subsection 5 (2) of the Regulation is amended by striking out “Immigration Act (Canada)” and substituting “Immigration and Refugee Protection Act (Canada)”.
3. The Regulation is amended by adding the following sections before the heading “General Certificates of Registration”:
6.1 In addition to the conditions set out in section 6, the following conditions apply to a member who holds a general certificate of registration for social work or a provisional certificate of registration for social work who wishes to become an inactive member:
1. The member may become an inactive member if the member is not in default of any obligation to the College, including payment of the annual fee, and is not the subject of any pending disciplinary proceeding and the member does the following:
i. notifies the Registrar in writing of his or her intention to become an inactive member by submitting a form approved by the College not less than 60 days before the member intends to become an inactive member,
ii. signs an undertaking to the College in which the member agrees not to engage in the practice of social work in Ontario and to comply with the requirements of this Regulation, and
iii. pays any outstanding fees, including any annual fee owing for the current year, penalty or other amount owed to the College.
2. An inactive member shall not engage in the practice of social work in Ontario.
3. An inactive member shall not use any of the titles or designations set out in section 15 unless the title or designation is immediately followed by “inactive” in English or “inactif” in French.
4. If an inactive member fails to comply with paragraph 2 or 3, the member is deemed to have resumed active membership and shall promptly pay,
i. any outstanding fees or penalties in accordance with subparagraph 5 ii, and
ii. a penalty for failure to give notice under subparagraph 5 i.
5. An inactive member may resume active membership, if he or she,
i. notifies the Registrar in writing of his or her intention to become an active member by submitting a form approved by the College not less than 60 days before the member intends to become an active member, and
ii. pays any outstanding fee, including the annual fee, penalty or other amount owed to the College.
6. An inactive member who has been an inactive member for more than five years and who is deemed to have resumed active membership under paragraph 4 or intends to become an active member under paragraph 5 must, in addition to the requirements of paragraph 4 or 5, as applicable, satisfy the Registrar that he or she is currently competent to practise social work.
6.2 In addition to the conditions set out in section 6, the following conditions apply to a member who holds a general certificate of registration for social service work or a provisional certificate of registration for social service work who wishes to become an inactive member:
1. The member may become an inactive member if the member is not in default of any obligation to the College, including payment of the annual fee, and is not the subject of any pending disciplinary proceeding and the member does the following:
i. notifies the Registrar in writing of his or her intention to become an inactive member by submitting a form approved by the College not less than 60 days before the member intends to become an inactive member,
ii. signs an undertaking to the College in which the member agrees not to engage in the practice of social service work in Ontario and to comply with the requirements of this Regulation, and
iii. pays any outstanding fees, including any annual fee owing for the current year, penalty or other amount owed to the College.
2. An inactive member shall not engage in the practice of social service work in Ontario.
3. An inactive member shall not use any of the titles or designations set out in section 16 unless the title or designation is immediately followed by “inactive” in English or “inactif” in French.
4. If an inactive member fails to comply with paragraph 2 or 3, the member is deemed to have resumed active membership and shall promptly pay,
i. any outstanding fees or penalties in accordance with subparagraph 5 ii, and
ii. a penalty for failure to give notice under subparagraph 5 i.
5. An inactive member may resume active membership, if he or she,
i. notifies the Registrar in writing of his or her intention to become an active member by submitting a form approved by the College not less than 60 days before the member intends to become an active member, and
ii. pays any outstanding fee, including the annual fee, penalty or other amount owed to the College.
6. An inactive member who has been an inactive member for more than five years and who is deemed to have resumed active membership under paragraph 4 or intends to become an active member under paragraph 5 must, in addition to the requirements of paragraph 4 or 5, as applicable, satisfy the Registrar that he or she is currently competent to practise social service work.
4. (1) Subparagraphs 1 i, ii and iii of subsection 7 (1) of the Regulation are revoked and the following substituted:
i. has obtained a degree in social work from a social work program accredited by the Canadian Association for Social Work Education, or a degree from a social work program or an equivalent program offered in Canada and approved by Council as equivalent to a social work program accredited by the Canadian Association for Social Work Education,
ii. has obtained a degree from a social work program or an equivalent program offered outside Canada and approved by Council as equivalent to a social work program accredited by the Canadian Association for Social Work Education, or
iii. has a combination of academic qualifications and experience performing the role of a social worker that the Registrar determines is substantially equivalent to the qualifications required for a degree in social work from a social work program accredited by the Canadian Association for Social Work Education.
(2) Subsection 7 (1) of the Regulation is amended by adding the following paragraph:
3. The applicant must have engaged in the practice of social work within the five years immediately before the date of the application or otherwise satisfy the Registrar that he or she is competent to perform the role of a social worker.
(3) Subsections 7 (2) and (3) of the Regulation are revoked and the following substituted:
(2) Paragraph 3 of subsection (1) does not apply to an applicant who has obtained the academic qualifications described in subparagraph 1 i or ii of subsection (1) or the academic qualifications and experience described in subparagraph 1 iii of subsection (1) within the five years immediately before the date of the application.
5. The Regulation is amended by adding the following section:
7.1 In addition to the requirements set out in sections 4 and 5, the following are the registration requirements for a general certificate of registration for social work to be issued under subsection 18 (1) of the Act to an applicant who already holds an authorizing certificate in social work granted by an out-of-province regulatory authority:
1. The applicant is deemed to have met the requirements of paragraph 4 of subsection 5 (2) where the requirements for the granting to the applicant of the authorizing certificate by the out-of-province regulatory authority included language proficiency requirements equivalent to the requirements of that paragraph.
2. The applicant is deemed to have met the requirements of paragraphs 1, 2, and 3 of subsection 7 (1) if the following requirements are met,
i. the applicant provides a certificate, letter or other evidence satisfactory to the Registrar from every out-of-province regulatory authority from which the applicant currently holds an authorizing certificate in social work confirming that the authorizing certificate in social work that the out-of-province regulatory authority granted to the applicant is in good standing, and
ii. the applicant has engaged in the practice of social work within the five years immediately before the date of the application or otherwise satisfies the Registrar that he or she is competent to perform the role of a social worker.
3. Despite paragraphs 1 and 2 and in addition to the requirements in those paragraphs, the applicant must meet any registration requirement that,
i. is listed on the publicly accessible website referred to in clause 9 (3) (a) of the Ontario Labour Mobility Act, 2009, and
ii. is stated on the website to be a permissible certification requirement for social work, adopted by the Government of Ontario under Article 708 of the Agreement on Internal Trade.
6. (1) Subparagraph 1 iv of subsection 8 (1) of the Regulation is amended by striking out “practical experience” and substituting “experience performing the role of a social service worker”.
(2) Subsection 8 (1) of the Regulation is amended by adding the following paragraph:
3. The applicant must have engaged in the practice of social service work within the five years immediately before the date of the application or otherwise satisfy the Registrar that he or she is competent to perform the role of a social service worker.
(3) Subsections 8 (2) and (3) of the Regulation are revoked and the following substituted:
(2) Paragraph 3 of subsection (1) does not apply to an applicant who has obtained the academic qualifications described in subparagraph 1 i, ii or iii of subsection (1) or the academic qualifications and experience described in subparagraph 1 iv of subsection (1) within the five years immediately before the date of the application.
7. Sections 9 and 10 of the Regulation are revoked and the following substituted:
9. (1) In addition to the requirements set out in sections 4 and 5, an applicant for a provisional certificate of registration for social work shall meet the following conditions before a provisional certificate of registration for social work is issued to the applicant in accordance with subsection 18 (1) of the Act:
1. On or before November 21, 2002, the applicant must have submitted a completed application for a provisional certificate of registration for social work in the form provided by the Registrar and paid the fees prescribed by the by-laws.
2. The applicant must produce documentation satisfactory to the Registrar that shows that,
i. the applicant has obtained a baccalaureate degree from a Canadian university, or
ii. the applicant,
A. has obtained an Ontario secondary school diploma or has successfully completed educational training or testing that has been approved by Council as equivalent to an Ontario secondary school diploma, and
B. has successfully completed one or more training programs in human services that the Registrar determines is or are sufficient in content, length and intensity to enable the applicant to perform the role of a social worker.
3. The applicant must have been employed in the role of a social worker in Ontario on the date of application.
4. The applicant must have been performing the role of a social worker as his or her principal occupation on the date of application.
5. The applicant must produce documentation in the form required by the College from the person that employed the applicant on the date of application in which the employer confirms, to the satisfaction of the Registrar,
i. the applicant’s duties and responsibilities,
ii. that the applicant practised social work safely and ethically, and
iii. that the employer remunerated the applicant for the services performed by the applicant.
6. The applicant must produce documentation in the form required by the College from the person that employed the applicant on the date of application that demonstrates to the satisfaction of the Registrar that the applicant’s duties and responsibilities constituted performing the role of a social worker.
7. The applicant must provide evidence satisfactory to the Registrar,
i. that the applicant performed the role of a social worker for at least 2,000 hours within the two years immediately before the date of application, or
ii. that the applicant performed the role of a social worker for at least 2,000 hours within the three years immediately before the date of application, if the applicant had an authorized leave of absence within the two years immediately before the date of application.
8. The applicant must provide evidence satisfactory to the Registrar,
i. that the applicant was employed in the role of a social worker for at least five years within the seven years immediately before the date of application, or
ii. that the applicant was employed in the role of a social worker for at least five years within the period of time immediately before the date of application that is equal to seven years plus the length of the authorized leave of absence, if the applicant had an authorized leave of absence within the seven years immediately before the date of application.
9. The applicant must sign an undertaking to the College in which the applicant agrees to successfully complete, to the satisfaction of the Registrar, additional training approved by the College in social work ethics and social work standards of practice, within three years after the day the College notifies the applicant of the additional training.
(2) The Registrar may consider documentation produced by the applicant from a previous employer for whom the applicant worked within the seven years immediately before the date of the application and which is otherwise in accordance with paragraphs 5 and 6 of subsection (1), if the person that employed the applicant on the date of application unreasonably refuses to provide the documentation described in those paragraphs.
10. (1) In addition to the requirements set out in sections 4 and 5, an applicant for a provisional certificate of registration for social service work shall meet the following conditions before a provisional certificate of registration for social service work is issued to the applicant in accordance with subsection 18 (2) of the Act:
1. On or before November 21, 2002, the applicant must have submitted a completed application for a provisional certificate of registration for social service work in the form provided by the Registrar and paid the fees prescribed by the by-laws.
2. The applicant must produce documentation satisfactory to the Registrar that shows that the applicant has obtained an Ontario secondary school diploma or has successfully completed educational training or testing that has been approved by Council as equivalent to an Ontario secondary school diploma.
3. The applicant must have been employed in the role of a social service worker in Ontario on the date of application.
4. The applicant must have been performing the role of a social service worker as his or her principal occupation on the date of application.
5. The applicant must produce documentation in the form required by the College from the person that employed the applicant on the date of application in which the employer confirms, to the satisfaction of the Registrar,
i. the applicant’s duties and responsibilities,
ii. that the applicant practised social service work safely and ethically, and
iii. that the employer remunerated the applicant for the services performed by the applicant.
6. The applicant must produce documentation in the form required by the College from the person that employed the applicant on the date of application that demonstrates to the satisfaction of the Registrar that the applicant’s duties and responsibilities constituted performing the role of a social service worker.
7. The applicant must provide evidence satisfactory to the Registrar,
i. that the applicant performed the role of a social service worker for at least 2,000 hours within the two years immediately before the date of application, or
ii. that the applicant performed the role of a social service worker for at least 2,000 hours within the three years immediately before the date of application, if the applicant had an authorized leave of absence within the two years immediately before the date of application.
8. The applicant must provide evidence satisfactory to the Registrar,
i. that the applicant was employed in the role of a social service worker for at least five years within the seven years immediately before the date of application, or
ii. that the applicant was employed in the role of a social service worker for at least five years within the period of time immediately before the date of application that is equal to seven years plus the length of the authorized leave of absence, if the applicant had an authorized leave of absence within the seven years immediately before the date of application.
9. The applicant must sign an undertaking to the College in which the applicant agrees to successfully complete, to the satisfaction of the Registrar, additional training approved by the College in social service work ethics and social service work standards of practice, within three years after the day the College notifies the applicant of the additional training.
(2) The Registrar may consider documentation produced by the applicant from a previous employer for whom the applicant worked within the seven years immediately before the date of the application and which is otherwise in accordance with paragraphs 5 and 6 of subsection (1), if the person that employed the applicant on the date of application unreasonably refuses to provide the documentation described in those paragraphs.
8. (1) Section 11 of the Regulation is amended by striking out “sections 12, 13 and 14” in the portion before the definition and substituting “sections 12, 13, 14 and 14.1”.
(2) Paragraph (a) of the definition of “additional training” in section 11 of the Regulation is amended by striking out “under paragraph 9 of subsection 9 (2)” and substituting “in accordance with the written undertaking given to the College”.
(3) Paragraph (b) of the definition of “additional training” in section 11 of the Regulation is amended by striking out “under paragraph 9 of subsection 10 (2)” and substituting “in accordance with the written undertaking given to the College”.
9. Subsection 12 (1) of the Regulation is amended by striking out “section 6” in the portion before paragraph 1 and substituting “sections 6, 6.1 and 6.2”.
10. The Regulation is amended by adding the following section before the heading “Titles and Designations”:
14.1 (1) Upon the written request of the member, the Registrar may extend the period during which the member must successfully complete additional training if,
(a) the member holds a provisional certificate of registration; and
(b) the member becomes an inactive member in accordance with paragraph 1 of section 6.1 or paragraph 1 of section 6.2 during the three years after the day the College notifies the member of the additional training.
(2) If the Registrar grants an extension, the three-year period referred to in sections 11, 12, 13 and 14 is deemed to refer to the period that is three years plus the length of the extension granted by the Registrar.
11. The Regulation is amended by adding the following sections:
Suspension, Reinstatement and Revocation of Certificates of Registration
14.2 (1) The Registrar may notify the member that he or she must comply with the condition within 60 days after the day the Registrar sends the notice, if a member fails to comply with the condition set out in paragraph 3 of section 6.
(2) The Registrar may suspend the member’s certificate of registration, if the member fails to comply with the condition within 60 days after the day the Registrar sends the notice.
(3) The Registrar may lift the suspension of the certificate of registration, if the person provides evidence satisfactory to the Registrar of compliance with paragraph 3 of section 6 and pays any outstanding fees and penalties, including any reinstatement fee set out in the by-laws.
14.3 The Registrar may revoke the certificate of registration of a person whose certificate of registration has been suspended under subsection 23 (1) of the Act or subsection 14.2 (2) of this Regulation, if the suspension remains in effect for greater than two years.
12. Subsection 15 (2) of the Regulation is revoked and the following substituted:
(2) A holder of a certificate of registration for social work shall use the designation RSW or TSI or one of the titles listed in subsection (1) in documentation used in connection with his or her practice of social work.
13. Subsection 16 (2) of the Regulation is revoked and the following substituted:
(2) A holder of a certificate of registration for social service work shall use the designation RSSW or TTSI or one of the titles listed in subsection (1) in documentation used in connection with his or her practice of social service work.
14. The Regulation is amended by adding the following section:
Transition
16.1 If an application for a general certificate of registration was made under subsection 7 (3) or 8 (3), but not finally dealt with before August 13, 2010, sections 4 and 5 and subsection 7 (3) or 8 (3), as they read immediately before August 13, 2010, as applicable, continue to apply to the application, despite the revocation of subsections 7 (3) and 8 (3).
15. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Sections 3 and 10 come into force on the day that is six months after the day this Regulation is filed.
Made by:
Council of the Ontario College of Social Workers and Social Service Workers:
Mukesh Kowlessar
President
Glenda McDonald
Registrar and Chief Executive Officer
Date made: July 8, 2010.
