Legislation and Standards Relating to Social Workers in BC
Legislation and regulations can help guide practice and decision making. Legislation is a good starting point to explore practice issues and ethical dilemmas.
The Social Workers Act was assented to May 29, 2008 by the Minister for Children and Family Development to legislate the formation of a professional College of Social Workers - BCCSW. The Act protects the use of the title of Social Worker under law. Social work is the only health profession of the 20 health professions in BC to not fall under the administration of the Ministry of Health.
When the Act was assented by MCFD, the Minister also enacted the Social Workers Regulation which exempts some social workers in BC from registering with BCCSW. The BCASW has been fighting to remove this regulation. In 2012, the BCCSW was successful in removing all Health Authority social workers from the Regulation, meaning all Health Authority social workers must be registered and have oversight by the BCCSW.
BC College Standards of Practice and Guidance
The College adopts standards of practice which describe the minimum acceptable level of performance for social workers in BC. The Standards of Practice are specific statements which are both comprehensive in scope and practical in application. Social workers are written into law through the BC Social Workers Act and are specifically referenced in at least 20 other pieces of BC legislation. Medical Assistance in Dying (MAID) and the Adult Guardianship Act are two examples addressed in the practice guidance section on the BCCSW website.
Research Ethics and Standards
The BCCSW Standards of Practice indicate, among other considerations, that the research participant is to be considered as a client, that social work includes the conduct of research, that data collected is to be considered a part of the social work record, and that the standards for disclosure of information apply to data collected. The following statements from the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (TCPS 2) and the TCPS 2 Tutorial Course on Research Ethics are helpful resources for social work researchers.
Medical Assistance in Dying (MAID)
On March 17, 2021, the Government of Canada announced that changes to Canada’s medical assistance in dying (MAID) law are officially in force. The new law includes changes to eligibility, procedural safeguards, and the framework for the federal government’s data collection and reporting regime.
BC Lobbyist Transparency Act
The BC government published the Lobbyists Transparency Regulation on November 25, 2019. The regulation came into force on May 4, 2020. At that time, the title of the statute changed from the Lobbyists Registration Act to the Lobbyists Transparency Act, or LTA. In support of the changes, a new BC Lobbyists Registry replaced the former Lobbyists Registry on May 4, 2020.
Relevant to Healthcare Social Workers- Partial List
• Patient’s Property Act
• Infants Act
• Health Care (Consent) & Care Facility (Admission) Act
• Representation Agreement Act
• Public Guardian and Trustee Act
• Freedom of Information and Protection or Privacy Act.
• Child, Family and Community Services Act
• Community Living Act
• Mental Health Act
• AGA - Designated Agencies Regulation
• AGA – Statutory Property Guardianship Regulation
• Power of Attorney Act
• Representation Agreement Act
• BCCSW Limits and Conditions QHcP
• POA
• Pension Trusteeship