C-26, r. 286 - Code of ethics of the members of the Ordre professionnel des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-26, r. 286

Code of ethics of the members of the Ordre professionnel des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec

Professional Code

(chapter C-26, s. 87).

DIVISION I GENERAL PROVISIONS

1.01. In this Regulation, unless the context indicates otherwise,

(a)  “Order” means the Ordre professionnel des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec;

(b)  “social worker” means a person who is entered on the roll of the Order;

(c)  “client” means any person, group, community or organization that benefits from a social worker’s services;

(d)  “third party” means any person, group or institution not involved in the client/social worker relationship.

R.R.Q., 1981, c. C-26, r. 180, s. 1.01.

1.02. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. C-26, r. 180, s. 1.02.

DIVISION II GENERAL DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC

2.01. A social worker must, in the course of his activities, bear in mind the professional standards generally recognized in the field of social work. He must, in particular, bear in mind the general effect his professional activities may have on his clients as well as on society.

R.R.Q., 1981, c. C-26, r. 180, s. 2.01.

2.02. A social worker must promote and support every measure likely to improve the quality and availability of professional services in the field of social work.

R.R.Q., 1981, c. C-26, r. 180, s. 2.02.

2.03. A social worker, acknowledging that one of the key objectives of his profession is to educate and inform the public concerning social work, must perform the acts he considers appropriate to attain this objective.

R.R.Q., 1981, c. C-26, r. 180, s. 2.03.

DIVISION III DUTIES AND OBLIGATIONS TOWARDS THE CLIENT

§ 1 . — General provisions

3.01.01. A social worker must familiarize himself with the ethical factors pertaining to the clientele and the context in which he will work. Before accepting a mandate and while carrying it out, a social worker must take into account the limitations of his competence and the means at his disposal. He must not undertake work for which he is not prepared without obtaining the necessary help.

R.R.Q., 1981, c. C-26, r. 180, s. 3.01.01.

3.01.02. A social worker must at all times recognize his client’s right to consult a colleague, a member of another professional order, or any other competent person.

R.R.Q., 1981, c. C-26, r. 180, s. 3.01.02.

3.01.03. A social worker must refrain from practising under conditions likely to seriously impair the quality of his services; if financial, institutional or political pressures are brought to bear on him in the practice of his profession, he must clearly inform his client of the consequences those kind of pressures might entail.

R.R.Q., 1981, c. C-26, r. 180, s. 3.01.03.

3.01.04. A social worker must do everything in his power to establish a relationship of trust between himself and his client. To this end, the social worker must, in particular:

(a)  refrain from practising his profession in an impersonal manner;

(b)  respect, in all his interventions, the values and convictions of his client.

R.R.Q., 1981, c. C-26, r. 180, s. 3.01.04.

3.01.05. A social worker must not make an assessment of his client’s situation and must not perform any acts involving him unless he has sufficient data to judge the situation clearly and to act with a minimum of efficiency in the interest of his client.

R.R.Q., 1981, c. C-26, r. 180, s. 3.01.05.

3.01.06. A social worker must refrain from intervening in his client’s personal affairs when he is not qualified to do so.

R.R.Q., 1981, c. C-26, r. 180, s. 3.01.06.

3.01.07. A social worker must refrain from acting contrary to the standards generally recognized in his profession.

R.R.Q., 1981, c. C-26, r. 180, s. 3.01.07.

§ 2 . — Integrity and objectivity

3.02.01. A social worker must discharge his professional duties with integrity and objectivity.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.01.

3.02.02. A social worker must inform his client on all the aspects of his professional activities likely to help him make a decision as to whether he should have recourse to his services.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.02.

3.02.03. A social worker must inform his client as soon as possible of the extent and consequences of the mandate entrusted to him by the latter or a third party on his behalf and obtain his approval.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.03.

3.02.04. A social worker must, in a thorough and objective manner, explain to his client the nature and scope of the problem submitted to him together with possible solutions and their implications.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.04.

3.02.05. A social worker must avoid any misrepresentation with respect to his competence or the efficiency of his own services and of those generally provided by the members of his Order.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.05.

3.02.06. If the well-being of a client so requires, a social worker may, with his client’s authorization consult another social worker, a member of another professional order or another competent person; he may also refer his client to any one of those persons.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.06.

3.02.07. A social worker must as far as possible, refrain from rendering professional services to members of his own family, close friends, colleagues at work, and employees or students that he teaches.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.07.

3.02.08. A social worker must behave in a fitting manner with his client and be above reproach in all respects.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.08.

3.02.09. A social worker may not do anything to force a person to make confessions against his will.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.09.

3.02.10. A social worker must not receive any monetary remuneration from clients other than his fees.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.10.

3.02.11. In the practice of his profession, a social worker must act with moderation and not go beyond the necessary measures required to meet his patient’s needs unless he has sufficient grounds for so doing. A social worker must also avoid performing acts not suited or corresponding to his client’s needs.

R.R.Q., 1981, c. C-26, r. 180, s. 3.02.11.

§ 3 . — Availability and diligence

3.03.01. A social worker must be available and diligent when practising his profession. If he cannot carry out a client’s request within a reasonable time, he must explain the reasons therefor to his client.

R.R.Q., 1981, c. C-26, r. 180, s. 3.03.01.

3.03.02. A social worker must provide his client with any information necessary to understand and assess services rendered or to be rendered.

R.R.Q., 1981, c. C-26, r. 180, s. 3.03.02.

3.03.03. Unless a social worker has sound and reasonable grounds to the contrary, he may not cease to render services to a client. The following are considered sound and reasonable grounds:

(a)  loss of a client’s confidence;

(b)  if the social worker’s services are no longer beneficial to a client;

(c)  if a social worker is in a situation of conflict that jeopardizes his relationship with his client;

(d)  if a social worker is incited by a client to perform illegal, unfair or fraudulent acts.

R.R.Q., 1981, c. C-26, r. 180, s. 3.03.03.

3.03.04. A social worker who unilaterally ceases to offer his services to a client, must notify the latter within a reasonable time and ensure that such termination of services is not prejudicial to him.

R.R.Q., 1981, c. C-26, r. 180, s. 3.03.04.

§ 4 . — Liability

3.04.01. A social worker must, in the practice of his profession, completely bind his civil and professional liability. He is prohibited from entering in a contract of professional services any clause directly or indirectly excluding, partially or completely, the said liability.

R.R.Q., 1981, c. C-26, r. 180, s. 3.04.01.

§ 5 . — Independence and impartiality

3.05.01. A social worker must subordinate his personal interests to those of his client.

R.R.Q., 1981, c. C-26, r. 180, s. 3.05.01.

3.05.02. A social worker must ignore any intervention by a third party which might influence the performance of his professional duties to the detriment of his client.

R.R.Q., 1981, c. C-26, r. 180, s. 3.05.02.

3.05.03. A social worker must safeguard his professional independence at all times and avoid any situation in which he would be in conflict of interest. Without restricting the generality of the foregoing, a social worker:

(a)  is in conflict of interest where the interests in question are such that he might tend to favour certain of them over those of his client or where his judgment and loyalty towards the latter are unfavourably affected;

(b)  is not an objective adviser if he derives a direct or indirect, real or possible, personal benefit from any given act.

R.R.Q., 1981, c. C-26, r. 180, s. 3.05.03.

3.05.04. As soon as he ascertains that he is in a situation of conflict of interest, or that he might soon be in one, he must inform his client thereof and ask the latter whether he is authorized to continue his mandate.

R.R.Q., 1981, c. C-26, r. 180, s. 3.05.04.

3.05.05. Where applicable, a social worker may share his fees with another person to the extent that such sharing corresponds to the distribution of services and responsibility.

R.R.Q., 1981, c. C-26, r. 180, s. 3.05.05.

3.05.06. With the exception of the remuneration to which he is entitled, a social worker must not receive or grant any benefits, rebates or commissions in connection with the practice of his profession. Further, he must not pay or offer to pay such benefits, rebates or commissions.

R.R.Q., 1981, c. C-26, r. 180, s. 3.05.06.

3.05.07. For a given service, a social worker must only accept fees from a single source, unless it is otherwise agreed by all parties concerned. He must only accept payment of those fees from his client or the latter’s representative.

R.R.Q., 1981, c. C-26, r. 180, s. 3.05.07.

3.05.08. In a situation of conflict of interest, a social worker must act for the account of only one of the parties concerned. If his professional duties require that he act otherwise, he must specify his responsibilities and notify all parties concerned that he will cease to act if the situation becomes incompatible with his duty to be impartial.

R.R.Q., 1981, c. C-26, r. 180, s. 3.05.08.

§ 6 . — Professional secrecy

3.06.01. A social worker must respect the secrecy of all confidential information obtained in the practice of his profession.

A social worker may be released from professional secrecy only with the authorization of his client or when so ordered by law.

A social worker must ensure that his client is fully aware of the uses that can be made of the confidential information obtained by the social worker.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.01; O.C. 1367-94, s. 1.

§ 6.1 . — Lifting of professional secrecy to protect individuals

O.C. 833-2003, s. 1.

3.06.01.01. In addition to the cases provided for in the second paragraph of section 3.06.01, a member may communicate information that is protected by professional secrecy to prevent an act of violence, including a suicide, where the member has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons.

However, the member may only communicate the information to a person exposed to the danger or that person’s representative, or to the persons who can come to that person’s aid.

The member may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

O.C. 833-2003, s. 1.

3.06.01.02. A member who, pursuant to section 3.06.01.01, communicates information protected by professional secrecy to prevent an act of violence must

(1)  communicate the information immediately;

(2)  use the most effective means to communicate the information in the circumstances; and

(3)  enter in the client’s record as soon as possible

(a)  the reasons supporting the decision to communicate the information, as well as the name of the person who caused the member to communicate the information and the name of the person or group of persons exposed to a danger; and

(b)  the particulars of the communication, including the date and time and content of the communication, the mode of communication, and the name of the person to whom the information was given.

O.C. 833-2003, s. 1.

3.06.02. A social worker must not disclose or forward a psychosocial evaluation report to a third party, except where necessary for the purposes of the Act and where the third party requires it in the performance of his duties.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.02; O.C. 1367-94, s. 1.

3.06.03. A social worker must not disclose the names of any of his clients unless the circumstances render such disclosure necessary or inevitable; he must then notify his clients as soon as possible thereof.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.03.

3.06.04. A social worker must avoid indiscreet conversations concerning a client and the services rendered to him; he must ensure that the persons with whom he works do not discuss confidential information among themselves or with third parties.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.04.

3.06.05. A social worker must not reveal his client’s identities when using information obtained from them for teaching or scientific purposes.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.05.

3.06.06. A social worker must inform the participants of group sessions that some aspects of their private lives may be revealed and must bind them to respect the confidentiality and privacy of any information obtained during the session.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.06.

3.06.07. A social worker called upon to carry out an expert evaluation before a court must inform the persons involved in the expert evaluation of his mandate. His report and the deposition thereof in court must contain only information related to the case.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.07.

3.06.08. The contents of a client’s record kept by a social worker must not be revealed, entrusted or given to a third party, in whole or in part, without the authorization of the client concerned or where the law so requires.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.08; O.C. 1367-94, s. 2.

3.06.09. If a social worker wishes to tape or film an interview, he must obtain written permission from his client and ensure that measures are taken to safeguard the confidentiality of the tape recording or film.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.09.

3.06.10. Where a social worker is working with a couple or a family, the right of each member of the couple or family to professional secrecy must be safeguarded. A social worker must keep the information in the record or the information provided by each of the members of the couple or family secret if they so wish.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.10.

3.06.11. A social worker must not use confidential information to the detriment of his client or with a view to deriving a direct or indirect personal advantage for himself or for others.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.11.

3.06.12. A social worker shall not refuse his services to clients who are not willing to release him from professional secrecy, except in exceptional cases.

R.R.Q., 1981, c. C-26, r. 180, s. 3.06.12.

3.06.13. Where he is released from professional secrecy, a social worker may disclose only information that seems necessary to serve the interests of his client, particularly for the application of a legislative program in which he is requested to collaborate.

O.C. 1367-94, s. 3.

§ 7 . — Accessibility and corrections to records and release of documents

R.R.Q., 1981, c. C-26, r.180, sd. 7; O.C. 1067-2000, s. 1.

3.07.01. In addition to the particular rules prescribed by law, a social worker shall promptly follow up, not later than 30 days after its receipt, on any request made by his client whose purpose is:

(1)  to examine documents that concern him in any record established in his respect;

(2)  to obtain a copy of the documents that concern him in any record established in his respect.

R.R.Q., 1981, c. C-26, r. 180, s. 3.07.01; O.C. 1067-2000, s. 1.

3.07.02. A social worker who grants a request referred to in section 3.07.01 shall allow his client access to documents, free of charge, in his presence or in the presence of a person he has authorized. However, a social worker who receives a request referred to in paragraph 2 of section 3.07.01 may charge reasonable fees not exceeding the cost for reproducing or transcribing documents or the cost for forwarding a copy.

A social worker charging such fees shall, before proceeding with the reproduction, transcription or forwarding of the information, inform his client of the approximate amount he will have to pay. The social worker has a right to withhold documents until the fees are paid.

R.R.Q., 1981, c. C-26, r. 180, s. 3.07.02; O.C. 1067-2000, s. 1.

3.07.03. A social worker who, pursuant to the second paragraph of section 60.5 of the Professional Code (chapter C-26), refuses to allow his client access to the information contained in a record established in his respect shall specify to the client, in writing, the reasons for his refusal.

O.C. 1067-2000, s. 1.

3.07.04. In addition to the particular rules prescribed by law, a social worker shall promptly follow up, no later than 30 days after its receipt, on any request made by his client whose purpose is:

(1)  to cause to be corrected any information that is inaccurate, incomplete or ambiguous with regard to the purpose for which it was collected, contained in a document concerning him in any record established in his respect;

(2)  to cause to be deleted any information that is outdated or not justified by the object of the record established in his respect;

(3)  to file in the record established in his respect the written comments that he prepared.

O.C. 1067-2000, s. 1.

3.07.05. A social worker who grants a request referred to in section 3.07.04 shall issue to his client, free of charge, a copy of the document or part of the document so that his client may see for himself that the information was corrected or deleted or, as the case may be, an attestation that the written comments prepared by his client were filed in the record.

Upon written request from his client, a social worker shall forward free of charge a copy of that information or, as the case may be, of that attestation to any person from whom the social worker received the information and to any person to whom the information was provided.

O.C. 1067-2000, s. 1.

3.07.06. A social worker shall promptly follow up on any written request made by his client, whose purpose is to take back a document or object entrusted to him by his client.

A social worker shall indicate in his client’s record, where applicable, the reasons in support of his client’s request.

O.C. 1067-2000, s. 1.

3.07.07. A social worker may require that a request referred to in section 3.07.01, 3.07.04 or 3.07.06 be made at his professional domicile during his regular working hours.

O.C. 1067-2000, s. 1.

§ 8 . — Determination and payment of fees

3.08.01. A social worker must charge and accept fair and reasonable fees.

R.R.Q., 1981, c. C-26, r. 180, s. 3.08.01.

3.08.02. The fees are fair and reasonable if they are warranted by the circumstances and correspond to the services rendered. In determining his fees, the social worker must in particular take the following factors into account:

(a)  the time devoted to carrying out professional services;

(b)  the complexity and extent of services;

(c)  the performance of unusual services or services requiring exceptional competence or celerity.

R.R.Q., 1981, c. C-26, r. 180, s. 3.08.02.

3.08.03. A social worker provides his clients with any explanations necessary to understand fees to be paid and payment procedures.

R.R.Q., 1981, c. C-26, r. 180, s. 3.08.03.

3.08.04. A social worker must refrain from requesting advance payment for his services. He must give his client an estimate of the cost of his services.

R.R.Q., 1981, c. C-26, r. 180, s. 3.08.04.

3.08.05. A social worker collects interest on outstanding accounts only after having duly notified his clients. Interests collected in this way are at a reasonable rate.

R.R.Q., 1981, c. C-26, r. 180, s. 3.08.05.

3.08.06. Before resorting to legal proceedings, a social worker must have exhausted all the other means at his disposal for obtaining payment of his fees.

R.R.Q., 1981, c. C-26, r. 180, s. 3.08.06.

3.08.07. When a social worker entrusts the collection of his fees to another person he must make sure that the latter, to the best of his knowledge, acts with tact and moderation.

R.R.Q., 1981, c. C-26, r. 180, s. 3.08.07.

DIVISION IV DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION

§ 1 . — Derogatory acts

4.01.01. In addition to those referred to in sections 59 and 59.1 of the Professional Code (chapter C-26) and what may be determined pursuant to subparagraph 1 of the second paragraph of section 152 of the Code, the following acts are derogatory to the honour and dignity of the profession:

(a)  pressing or repeated inducement to resort to his professional services;

(b)  claiming from a client a sum of money for a professional service or part of a professional service whose cost is assumed by a third party, unless there is a formal agreement between the social worker, his client and the third party to such effect;

(c)  advising or inciting clients to perform illegal or fraudulent acts;

(d)  communicating, directly or indirectly, with the plaintiff without the prior written permission of the Order’s syndic or his assistant when the social worker is informed of an inquiry into his professional conduct or competence or whenever a complaint has been served on him;

(e)  neglecting to inform the Order if he has reason to believe that a social worker is incompetent or is going against the professional code of ethics;

(f)  providing a receipt or any other document that falsely indicates that services have been rendered;

(g)  claiming fees for professional acts not rendered;

(h)  forwarding a bill to clients covering fees for interviews, communications and correspondence with the syndic when the latter asks the social worker for explanations or information concerning a complaint filed by a client or another person;

(i)  not immediately informing the Order when he knows that a candidate does not meet the Order’s admission criteria;

(j)  allowing a person who is not a member of the Order to use the title of social worker;

(k)  inciting a client to whom he renders services within the framework of his practice in an organization to become his client in private practice.

R.R.Q., 1981, c. C-26, r. 180, s. 4.01.01; O.C. 1067-2000, s. 2.

§ 2 . — Professional relations

4.02.01. A social worker must answer promptly all correspondence addressed to him by the syndic of the Order, the assistant syndic, investigators, or members of the professional inspection committee.

R.R.Q., 1981, c. C-26, r. 180, s. 4.02.01.

4.02.02. A social worker must not abuse the good faith of a fellow social worker or be guilty of breach of trust or disloyal practices towards him. He must not, in particular, take credit for work done by or in collaboration with a fellow social worker.

R.R.Q., 1981, c. C-26, r. 180, s. 4.02.02.

4.02.03. A social worker consulted by another social worker must give the latter his opinion and recommendations as soon as possible.

R.R.Q., 1981, c. C-26, r. 180, s. 4.02.03.

4.02.04. A social worker practising jointly with other social workers or other persons must ensure that such practice is in no way detrimental to his clients.

R.R.Q., 1981, c. C-26, r. 180, s. 4.02.04.

4.02.05. A social worker called upon to collaborate with another social worker or with another person must keep his professional independence. If he is entrusted a task that goes against his professional conscience or the standards of his profession, he must decline from carrying out such task.

R.R.Q., 1981, c. C-26, r. 180, s. 4.02.05.

4.02.06. A social worker who is requested by the Order to participate on a council for the arbitration of accounts, a disciplinary council or a professional inspection committee must accept that duty unless he has exceptional grounds for refusing.

R.R.Q., 1981, c. C-26, r. 180, s. 4.02.06.

4.02.07. A social worker must, insofar as he is able, contribute to the development of his profession either by sharing his knowledge and experience with other social workers and students or by participating in courses and continuing training periods.

R.R.Q., 1981, c. C-26, r. 180, s. 4.02.07.

§ 3 . — Public statements

4.03.01. In any of his public statements concerning social work, a social worker must avoid making any purely sensational or extreme affirmations.

R.R.Q., 1981, c. C-26, r. 180, s. 4.03.01.

4.03.02. A social worker who gives information to the public on the procedures and techniques in the field of social work, may underline, if necessary, the restrictions with respect to the use of those procedures and techniques.

R.R.Q., 1981, c. C-26, r. 180, s. 4.03.02.

4.03.03. A social worker must be objective and moderate when he publicly comments on any traditional or new methods used in the field of social work differing from the ones used by him, where they meet professional and scientific standards.

R.R.Q., 1981, c. C-26, r. 180, s. 4.03.03.

4.03.04. A social worker must take care to point out the relative value of certain types of professional activities in any activity intended for the public such as conferences or public demonstrations, newspaper or magazine articles, and programs or messages sent out by mail.

R.R.Q., 1981, c. C-26, r. 180, s. 4.03.04.

4.03.05. A social worker must refrain from participating as a social worker in advertising that recommends that the public buy or use a particular product.

R.R.Q., 1981, c. C-26, r. 180, s. 4.03.05.

§ 4 . — Interpreting evaluation criteria

4.04.01. A social worker must carefully interpret data gathered during his observations and any expert evaluations carried out as well as data received from his colleagues. In any written or verbal report on social work, he must endeavour to reduce any possibility of such information being misinterpreted or used wrongly by presenting information in a style suited to the persons for whom it is intended.

R.R.Q., 1981, c. C-26, r. 180, s. 4.04.01.

§ 5 . — Precautions to be taken with regard to research work

4.05.01. Before undertaking a research project, a social worker must determine the consequences that his work may have on the participants and must in particular:

(a)  ascertain that all persons collaborating in the research project fully respect the participants;

(b)  obtain the consent of the participants after having notified them of all of the facets of the project, including any possible risks.

R.R.Q., 1981, c. C-26, r. 180, s. 4.05.01.

4.05.02. A social worker must be honest and frank with participants when methodology requires that certain facets of the project not be revealed to the participants. He must explain the reasons for not disclosing those facets and make sure that the quality of the relationship with the participants is maintained.

R.R.Q., 1981, c. C-26, r. 180, s. 4.05.02.

4.05.03. A social worker must respect a person’s right to refuse to participate or to cease participating in a research project.

R.R.Q., 1981, c. C-26, r. 180, s. 4.05.03.

4.05.04. A social worker must be especially careful when undertaking an experiment during which the mental or physical health of a person might be affected.

R.R.Q., 1981, c. C-26, r. 180, s. 4.05.04.

4.05.05. A social worker must make sure that when using questionnaires, records or other research or evaluation methods, any information concerning the private life of a person is not detrimental to that person.

R.R.Q., 1981, c. C-26, r. 180, s. 4.05.05.

4.05.06. Data gathered by a social worker for research purposes for the account of a client remain the property of that client. The use of such data by the social worker for publication or other purposes must comply with the procedure established by the client as well as to the provisions governing royalties.

R.R.Q., 1981, c. C-26, r. 180, s. 4.05.06.

DIVISION V RESTRICTIONS AND OBLIGATIONS RESPECTING ADVERTISING

O.C. 1367-94, s. 4.

5.01. A social worker may mention in his advertising all information likely to help the public to make a wise choice and likely to favour access to useful or necessary services.

The advertising must preserve and favour professionalism.

O.C. 1367-94, s. 4.

5.02. No social worker may, in any way whatsoever, engage in or allow advertising that is false, misleading or likely to mislead the public.

O.C. 1367-94, s. 4.

5.03. A social worker may not claim to have special qualities or skills, particularly with respect to his level of competence or the extent or efficiency of his services, unless he can justify them.

O.C. 1367-94, s. 4.

5.04. No social worker may, in his advertising, use or allow to be used an expression of support or gratitude he has received.

O.C. 1367-94, s. 4.

5.05. No social worker may, in any way whatsoever, engage in or allow advertising intended for persons who may be physically or emotionally vulnerable because of their age or the occurrence of a specific event.

O.C. 1367-94, s. 4.

5.06. A social worker who advertises fees or prices must do so in a manner that can be understood by persons who have no particular knowledge of social work and must also

(1)  maintain those fees or prices in force for the period mentioned in the advertising; that period must not be less than 90 days after the last authorized broadcast or publication;

(2)  specify the services included in those fees or prices; and

(3)  state whether expenses are included.

O.C. 1367-94, s. 4.

5.07. A social worker who advertises a special price or a discount shall specify the period of validity of the special price or discount, where applicable. That period may be shorter than 90 days.

O.C. 1367-94, s. 4.

5.08. No social worker may, in any way whatsoever, give in a statement or advertisement more importance to a special price or to a discount than to the service offered.

O.C. 1367-94, s. 4.

5.09. A social worker must keep a complete copy of all advertising in its original form for a period of 5 years following the date on which it was last broadcast or published. Upon request, the copy must be remitted to the syndic.

O.C. 1367-94, s. 4.

5.10. All social workers who practise together as partners are solidarily responsible for complying with the rules respecting advertising, unless the advertising clearly indicates the name of the social worker responsible for the advertising.

O.C. 1367-94, s. 4.

DIVISION VI GRAPHIC SYMBOL OF THE ORDRE PROFESSIONNEL DES TRAVAILLEURS SOCIAUX DU QUÉBEC

O.C. 1367-94, s. 4.

6.01. The Ordre professionnel des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec is represented by a graphic symbol conforming to the original kept by the secretary of the Order.

O.C. 1367-94, s. 4.

6.02. Where a social worker uses the graphic symbol of the Order in his advertising, he must make sure that it conforms to the original kept by the secretary of the Order.

O.C. 1367-94, s. 4.

REFERENCES

R.R.Q., 1981, c. C-26, r. 180

O.C. 1367-94, 1994 G.O. 2, 4155

O.C. 1067-2000, 2000 G.O. 2, 4567

O.C. 833-2003, 2003 G.O. 2, 2711

S.Q. 2008, c. 11, s. 212

S.Q. 2009, c. 35, s. 78