www.otstcfq.org Application of Bill 21 (An Act to amend theProfessional Code and other legislative provisions in the field of mental health and human relations) Richard Silver, S.W., lawyer Legal Counsel Ordre des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec July 2012
www.otstcfq.org Bill 21 (assented to 19 June 2009)• New definition of professional activities for psychologists, social workers, marriage and family therapists, vocational guidance counsellors and psychoeducators;• Reserves activities where there is a risk of prejudice in the field of mental health and human relations to certain professional orders;• Provides a framework for the practice of psychotherapy (in force since 21 June 2012).
www.otstcfq.org There is a risk of prejudice when activities:• Have an irreparable character;• Are complex;• Are highly technical;• Can sometimes be counter-indicated;• Can cause complications;• Can cause or accentuate infringement of physical or personal integrity• Have the potential for physical, emotional or sexual abuse;• Can entail loss of a right;
www.otstcfq.org Activities reserved to social workersAssess a person suffering from a mental or neuropsychologicaldisorder attested by the diagnosis or evaluation of an authorizedprofessional;Assess a person further to a decision of the director of youthprotection or of a tribunal made under the Youth Protection Act;Assess an adolescent further to a decision of a tribunal madeunder theYouth Criminal Justice Act;Assess a person with regard to child custody and access rights;Assess a person who wishes to adopt a child;
www.otstcfq.org Activities reserved to social workersUndertake the psychosocial assessment of a person with regard to theprotective supervision of a person of full age or with regard to a mandate givenin anticipation of the mandator’s incapacity (reserved exclusively to socialworkers);Determine the intervention plan for a person who suffers from a mental disorderor exhibits suicidal tendencies and who resides in a facility run by an institutionoperating a rehabilitation centre for young persons with adjustment problems;Assess a child not yet admissible to preschool education who shows signs ofdevelopmental delay, in order to determine the adjustment and rehabilitationservices required;Make decisions as to the use of restraint and isolation measures in accordancewith the Act respecting health services and social services and the Actrespecting health services and social services for Cree Native persons.
www.otstcfq.org Activities reserved to marriage and family therapists• Assess a person suffering from a mental or neuropsychological disorder attested by the diagnosis or evaluation of an authorized professional;• Assess a person with regard to child custody and access rights;• Assess a person who wishes to adopt a child;
www.otstcfq.org Explanatory Guide (May 2012)Published by Office des professions in collaborationwith professional orders and after consultation withother stakeholders;Aims to establish a a common understanding andinterpretation of the law;Subject to revision.
www.otstcfq.org Impact of introduction of reserved professional activities• Persons who exercise one or more reserved activities and who are eligible for membership of the Order must apply for membership before the coming into force of legislative provisions.
www.otstcfq.org Acquired Rights (s. 18)Anyone who, at the date of coming into force of a provision of section5 of this Act, fails to fulfil the conditions for obtaining the permit of anorder referred to in the provision for the activities reserved for itsmembers and who was exercising the professional activity referredto in the provision at the date of its coming into force maycontinue to exercise the activity as long as the order concerned isinformed in the manner determined by its board of directors.The board of directors of an order referred to in the first paragraphmay determine by regulation the terms and conditions on which sucha person may exercise the activity; the regulation may alsodetermine which of the regulatory standards applicable to themembers of the order apply to that person.
www.otstcfq.org Who benefits from acquired rights?• Persons not eligible for membership in the Order;• Persons exercising the activity at the date the relevant sections come into force;• Persons who could have exercised the activity but were on leave in accordance with terms of employment (e.g. parental leave, illness or unpaid leave).
www.otstcfq.org Acquired Rights: Procedures• Employer submits electronically list of eligible persons to Order within 30 days of the coming into force of relevant sections of Bill 21 on form provided by Order;• Order contacts employees to inform them of conditions and sends notice or payment ($125 for first year);• Employees pay registration fee;• Attestation issued by Order;• Order creates official register of persons with acquired rights with activities they practice. Accessible on Web site of Order;• Registration updated annually;
www.otstcfq.org Acquired Rights: ProceduresInformation to submit to Order:• Name, address, telephone and e-mail;• Date of birth and sex;• Address of employer;• Job title;• Date of hiring and entry in function;• Reserved activities exercised at date of entry into force of relevant provisions of Bill 21.
www.otstcfq.org Acquired rights: Conditions• At least 6 hours of training for each professional activity engaged in per 2-year reference period;• Person chooses among activities established by Order;• First reference period starts 1 April 2013. Source: Regulation respecting the training conditions of persons other than social workers to engage in professional activities that may be engaged in by social workers
www.otstcfq.org Social Work TechniciansSocial work technicians may assess, within the scopeof the activities of social workers, a person further toa decision of the director of youth protection toreceive reports regarding children, analyze thembriefly and decide whether they must be evaluatedfurther pursuant to the Youth Protection Act.Source: Regulation respecting certain professional activities that maybe engaged in by social work technicians
www.otstcfq.org French language requirements (Charter of the French language)35. The professional orders shall not issue permits except to persons whoseknowledge of the official language is appropriate to the practice of theirprofession.A person is deemed to have the appropriate knowledge if (1) he has received, full time, no less than three years of secondary or post-secondary instruction provided in French;(2) he has passed the fourth or fifth year secondary level examinations inFrench as the first language;(3) from and after the school year 1985-86, he obtains a secondary schoolcertificate in Québec.In all other cases, a person must obtain a certificate issued by the Officequébécois de la langue française or hold a certificate defined as equivalent byregulation of the Government.
www.otstcfq.org Regulation to authorize professional orders to make an exception to the application of section 35 of the Charter of the French language• 1. An order is authorized to make an exception to the application of s. 35 of the Charter in respect of a person who resides or has resided on a reserve, in a settlement in which a native community lives or on Category I and Category I-N lands within the meaning of the Act respecting the land regime in the James Bay and New Québec territories provided that (1) the person declares under oath to the board of directors of the order that he resides or has resided on a reserve, in a settlement in which a native community lives or on Category I and Category I-N lands; and (2) the person, despite the fact that he does not have knowledge of the French language appropriate to the practice of his profession, fulfils all the other terms and conditions for the issue of a permit provided for in the Professional Code and, where applicable, in the Act constituting the order.
www.otstcfq.org Regulation to authorize professional orders to make an exception to the application of section 35 of the Charter of the French language2. Where a person fulfils the conditions provided forin section 1, the board of directors of the professionalorder shall issue a permit to that person authorizinghim to practise the profession or to use the title, asthe case may be, only on a reserve, in a settlement inwhich a native community lives or on Category I andCategory I-N lands.
www.otstcfq.org French language requirementsPerson with a social work degree from a Québec university who doesnot have knowledge of French appropriate to the practice of theprofessionPerson applies for membership of the Order and registers for the French examof OQLF;Person also registers on register of persons with acquired rights;Notice of success or failure from OQLF constitues proof as to whether personmeets or does not meet admission requirements of Order;Order delivers social worker permit to successful candidate;In case of failure, person can only exercise activity granted by acquired rights.
www.otstcfq.org French language requirementsPerson with a social work degree from a university outsideQuébec who does not have knowledge of French appropriate tothe practice of the profession37. The professional orders may issue temporary permits valid for notmore than one year to persons from outside Québec who are declaredqualified to practise their profession but whose knowledge of the officiallanguage does not meet the requirements of section 35.38. The permits envisaged in section 37 may be renewed, only threetimes, with the authorization of the Office québécois de la languefrançaise and if the public interest warrants it. For each renewal, thepersons concerned must sit for examinations held according to theregulations of the Government.Charter of the French language
www.otstcfq.org Social Work StudentsSocial work students registered in universityprogrammes may exercise reserved activitiesrequired for completion of the programme under thesupervision of a social worker who is a member ofthe OrderSource: Regulation respecting certain professional activities that maybe engaged in by persons other than social workers