As part of its duty to serve and protect the public interest, the College is required to have a process for mandatory reports; and as employers of social workers and social service workers, you have the responsibility to be aware of, and if need be, complete the mandatory reports process. Below is the information you need to know about when a mandatory report should be completed and how.

Note: Employers should NOT use the College’s Complaint Form to submit a mandatory report. The Complaint Form is intended for members of the public who wish to make a complaint about the conduct of a social worker or social service worker.

What is a Mandatory Report?

Under the Act, there are five circumstances when a written report to the College must be made:

  1. If you, as an employer of a member of the College, terminate the employment of a member of the College for reasons of “professional misconduct”, “incompetence”, or “incapacity”, you are required to file a written report with the Registrar of the College.
  2. If you, as an employer or former employer of a member of the College, intended to terminate the employment of a member of the College for reasons of professional misconduct, incompetence or incapacity, but the member resigned before you could do so, you are required to file a written report with the Registrar of the College.
  3. If you, as an employer or former employer of a member of the College, become aware that a member of the College who is or has been employed by you is convicted of an offence under the Criminal Code of Canada involving sexual conduct, you are required to file a written report with the Registrar of the College.
  4. If you, as a member of the College, are convicted of an offence under the Criminal Code of Canada involving sexual conduct, you are required to file a written report with the Registrar of the College.
  5. If you, as a member of the College, or an employer who is also a member of the College, in the course of your practice, obtain reasonable grounds to believe that another member of the College has sexually abused a client, you are required to file a written report with the Registrar of the College.

When must the Mandatory Report be made?

  1. The report must be made within 30 days of the date on which you terminated the member’s employment, or within 30 days of the date on which the member resigned.
  2. The report must be made promptly, if you, as an employer or former employer become aware that a member of the College has been convicted of an offence involving sexual conduct or if you, as a member of the College, are convicted of an offence involving sexual conduct.
  3. The report must be made within 30 days of the date on which you, as a member of the College, learned of the member’s sexual abuse of a client. However, if you reasonably believe the member will continue to abuse the client, or other clients, you must make your report immediately.

Can I get in trouble for making a report?

If your report is made in good faith, the Act provides that there can be no proceedings instituted against you for making your report.

What can happen if I don’t make a report?

The Act makes failure to report an offence. On conviction, there is a liability for a fine of up to $25,000. Members of the College who fail to report may also face allegations of professional misconduct.

What should be included in the report?

Note: Employers should NOT use the College’s Complaint Form to submit a mandatory report. The Complaint Form is intended for members of the public who wish to make a complaint about the conduct of a social worker or social service worker.

The report should contain:

  • Your name;
  • The name of the member of the College who is the subject of the report;
  • A statement about whether the report is being made due to the termination or resignation of the member, the member’s conviction of an offence involving sexual conduct and/or the member’s sexual abuse of a client;
  • If the report concerns the termination or resignation of a member, a detailed explanation or description of the professional misconduct, incompetence or incapacity for which you terminated or intended to terminate the member;
  • If the report concerns the member’s conviction of an offence involving sexual conduct, a detailed explanation or description of the offence, including the dates on which: the sexual conduct occurred, or on which the member was charged; and, the date on which the member was convicted;
  • If the report concerns a member’s sexual abuse of a client, a detailed explanation or description of the sexual abuse;
  • The name of the client who was sexually abused ONLY IF the client or the client’s representative (if the client is incapable) has consented in writing. If the client (or client’s representative if the client is incapable) has not consented in writing, the client’s name MUST NOT be included in the report.
  • You may wish to enclose relevant documents with your report.

The following terms are defined under the Act:

Professional Misconduct
The term “professional misconduct” is conduct that contravenes the Act, the regulations made under the Act or the College’s by-laws; conduct that contravenes an order of the College’s Discipline Committee, Complaints Committee, Council or Registrar; or conduct that is defined as being professional misconduct in the regulations.

Incompetency
The term “incompetency” refers to a member of the College who has displayed, in his or her professional responsibilities, a lack of knowledge, skill or judgment or disregard for the welfare of a person or persons of a nature or extent that demonstrates that the member is unfit to continue to carry out his or her professional responsibilities or that a certificate of registration held by the member should be made subject to terms, conditions or limitations.

Incapacity
The term “incapacity” refers to a member who is suffering from a physical or mental condition or disorder, such that the member is unfit to carry out his or her professional responsibilities or, the member’s certificate of registration should be made subject to terms, conditions or limitations.

Sexual Abuse
Sexual abuse with respect to a client by a member of the College means:

  • Sexual intercourse or another form of physical sexual relations between the member and the client,
  • Touching, of a sexual nature, of the client by the member, or
  • 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.

All of the information found on this page can be printed in brochure format by clicking here.

For comprehensive information, please consult the Social Work and Social Service Work Act, 1998, regulations, College bylaws and the College website.

If you have further questions, please contact:

Anastasia Kokolakis
Coordinator, Complaints and Discipline
Toll-Free. 1-877.828.9380 ext. 210
P. 416.972.9882
F. 416.972.1512
Anastasia Kokolakis