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Bill 188, Supporting Children's Futures Act, 2024

Parsa, Hon. Michael Minister of Children, Community and Social Services

Royal Assent received. Statutes of Ontario 2024,

chapter 17

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Bill 188 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 188 and does not form part of the law.

Bill 188 has been enacted as

Chapter 17 of the Statutes of Ontario, 2024.

The

Bill amends the Child, Youth and Family Services Act, 2017

and makes various related amendments to several other Acts. Here are some

highlights of the amendments to the Child, Youth and

Family Services Act, 2017 :

Part

II of the Act is amended with respect to offences and the rights of children in

care with respect to the Ombudsman.

Part

V of the Act is amended to provide an exception to the prohibition against

publishing certain information.

3. Various

amendments are made to

Part IX of the Act, including,

i. new

subsections 250 (1) to (1.3) which provide for reporting certain matters to a

Director,

ii. new

section 261.1 which provides that the Minister may determine that a licence

should not be issued if the Minister believes that issuing the licence would be

contrary to the public interest having regard to certain matters,

iii. new

sections 262.1 and 262.2 and amendments to

section 263 which relate to

proposals by the Director to refuse to issue or revoke or refuse to renew a

licence and amendments to sections 264 respecting suspension of licences,

iv. amendments

to sections 265 and 266 and adding new

section 267.1 respecting hearings by the

Tribunal and appeals to Divisional Court,

v. new

sections 279.1 to 279.7 which set out rules with respect to actions taken by

inspectors, compliance orders, restraining orders, orders requiring management,

orders to return funds or pay certain amounts and production orders with

respect to licensees,

vi. new

section 279.8 provides for the issuing of administrative penalties by an

inspector or a Director, and

vii. new

sections 279.9 and 279.12 provide for the review and enforcement of certain

orders in certain circumstances.

Part

X is amended to add new sections 291.1 and 292.1 which provide for restrictions

to the use and disclosure of certain personal information in certain

circumstances.

Part

X.1 is added to the Act. This Part provides certain rules with respect to

investigations.

6. Various

amendments are made to

Part XII with respect to regulation-making powers.

Bill 188 2024

Act to amend the Child, Youth and Family Services Act, 2017 and various other

Acts

Preamble

The

Government of Ontario:

Supports

the principle that all children and youth in Ontario deserve safety, stability,

quality care and supports to help them to succeed and thrive.

Recognizes

the importance of quality in service delivery for children in care.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

The Child, Youth and Family Services Act, 2017 is

amended by adding the following section:

Offences

Offences

7.1

(1) A person

is guilty of an offence if the person contravenes,

(

a) section

4 (corporal punishment prohibited);

(

b) section

5 (detention restricted);

(

c) section

6 (physical restraint restricted);

(

d) section

7 (mechanical restraints restricted).

Penalty

(2) A

person convicted of an offence under subsection (1) is liable to,

(

a) a

fine of not more than $250,000 or imprisonment for a term of not more than one

year or both, in the case of an individual; or

(

b) a

fine of not more than $250,000 if the person is not an individual.

Limitation

(3) A

proceeding in respect of an offence under subsection (1) shall not be commenced

more than two years after the day on which evidence of the offence first came

to the knowledge of the Director, program supervisor or inspector.

Directors,

officers, employees

(4) If

a corporation commits an offence under this section, a director, officer or

employee of the corporation who authorized, permitted or concurred in the

commission of the offence is also guilty of the offence.

Prosecution

of individuals

(5) If

an act or omission of an individual employed or otherwise engaged by a service

provider to provide services under this Act would be an offence under

subsection (1) if the act was committed or the omission was made by the service

provider, the individual is guilty of the offence, whether or not the service

provider has been prosecuted or convicted.

The Act is amended by adding the following section:

Rights re Ombudsman

9.1 A child in care has a

right to be informed in language suitable to their understanding, of the information

described in subsection 14.0.1 (1) of the Ombudsman Act .

The Act is amended by adding the following section:

Information

re Ombudsman

15.1 A children’s aid

society or residential licensee, as the case may be, shall provide the information

described in subsection 14.0.1 (1) of the Ombudsman Act

to a child or young person at the following times:

1. When

the children’s aid society or residential licensee begins to provide a service

to the child or young person.

2. When

the child or young person makes a complaint under clause 18 (1) (

a) or (

b) and when

requesting a further review of the complaint under subsection 19 (1) once the

review by the children’s aid society or residential licensee is completed.

3. At

any other times as is considered necessary, in the opinion of the children’s

aid society or residential licensee, to ensure that the child or young person

understands the information set out in subsection (1).

4. At

such other prescribed times.

Section 87 of the Act is amended by adding the following subsection:

Exception

(8.1) Despite

subsection (8), a prescribed person may publish or make public the information

described in that subsection in the prescribed circumstances and subject to any

prescribed restrictions or limitations.

Clause 125 (6) (

b) of the Act is amended by adding “early childhood educator”

after “a teacher”.

Section 237 of the Act is amended by striking out “266 and 267” and

substituting “266, 267 and 267.1”.

Section 243 of the Act is amended by adding the following definition:

“designated

senior employee” means a person employed in the Ministry as a deputy minister,

associate deputy minister, assistant deputy minister or a person designated by

the deputy minister, or in a prescribed position; (“titulaire d’un poste

supérieur désigné”)

(1) Subsection 250 (1) of the Act is repealed and the following substituted:

Report

certain matters to a Director

(1) A

person described in subsection (1.2) shall immediately report their suspicion

and the information on which it is based to a Director every time the person has

reasonable grounds to suspect that,

(

a) there

is an immediate threat to the health, safety or welfare of a child while the

child is at a children’s residence or other place where residential care is

provided under the authority of a licence; or

(

b) there

is an immediate threat to the health, safety or welfare of a child that is caused

by a licensee, a person employed or otherwise engaged by the licensee to

provide residential care to a child, including a foster parent, or by another

resident of the children’s residence or other place where residential care is

provided under the authority of a licence.

Same

(1.1) Subsection

(1) applies even if the person has made previous reports pursuant to that

subsection with respect to the same child.

Persons

required to report

(1.2) The

following persons shall report to the Director under subsection (1):

1. The

licensee, or if the licensee is a corporation, an officer or director of the

corporation.

2. A

person employed or otherwise engaged by the licensee to provide residential

care to a child, including a foster parent.

3. A

society, including a child protection worker or person designated by the

society to provide services to the child.

4. The

child’s probation officer, if any.

5. Any

prescribed person.

Persons

exempt

(1.3) The

following persons are exempt from the reporting requirement set out under

subsection (1):

1. A

person with whom a child has been placed for adoption under

Part VIII (Adoption

and Adoption Licensing).

2. A

volunteer providing services in a children’s residence or another place where

residential care is provided under the authority of a licence.

(2) Subsection

250 (4) of the Act is amended by striking out “section 125” at the end and

substituting “section 125, which shall be discharged prior to reporting

information to a Director under subsection (1)”.

(3) Section

250 of the Act is amended by adding the following subsections:

Person

must report directly

(5) A

person described in subsection (1.2) who has a duty to make a report under

subsection (1) shall make the report directly to a Director and shall not rely

on any other person to report on their behalf.

Section

overrides privilege, protection from liability

(6) Subject

to subsection (3), this

section applies although the information reported may

be confidential or privileged, and no action for making the report shall be

instituted against a person who acts in accordance with this

section unless the

person acts maliciously or without reasonable grounds for the suspicion.

Conflict

(7) This

section prevails despite anything in the Personal Health

Information Protection Act, 2004 , Freedom of

Information and Protection of Privacy Act and

Part X of this Act.

Subsection 253 (1) of the Act is amended by adding the following paragraph:

11.1 A

summary of each of the following:

i. A

written notification issued under

section 279.1.

ii. A

compliance order made under

section 279.2.

iii. A

restraining order made under

section 279.3.

iv. An

order requiring management under

section 279.4.

v. A

Director’s order made under

section 279.5.

vi. A

notice of administrative penalty issued under

section 279.8.

vii. A

designated senior employee’s decision under

section 279.10.

(1) Clause 254 (1) (

a) of the Act is amended by adding “completed by

the applicant or licensee” after “an application” at the beginning.

(2) Subsection

254 (1) of the Act is amended by adding the following clauses:

(b.1) documentation

of,

(

i) the

services that are or will be provided for children by the children’s residence

or other place where residential care is or will be provided under the

authority of a licence, and

(ii) a

description of how such services can or will be accessed by children and how

they are appropriate for children;

(b.2) documentation

of consultation with service providers that will or do provide services to

children placed in the children’s residence or other place where residential

care is or will be provided under the authority of a licence.

(3) Subsection

254 (3) of the Act is amended by striking out “or” at the end of clause (a), by

adding “or” at the end of clause (

b) and by adding the following clause:

(

c) the

Minister has determined that a licence should not be issued pursuant to

section

261.1.

(1) Subsections 255 (3) and (4) of the Act are repealed and the

following substituted:

Service

of notice

(3) Notice

of the imposition or amendment of conditions shall be served on the licensee.

Contents

of notice

(4) The

notice shall,

(

a) set

out the reasons for imposing or amending the conditions and any other

prescribed information with respect to those conditions; and

(

b) state

that the licensee is entitled to a hearing by the Tribunal if they request one in

accordance with subsection 265 (2) and set out an explanation of how to request

a hearing, including the deadline for doing so.

(2) Section

255 of the Act is amended by adding the following subsections:

Notice

to placing agency or other person

(7) An

inspector or the Director may provide to every placing agency or person who has

a child placed in the children’s residence or other place where residential

care is provided under the authority of a licence notice that,

(

a) a

condition has been imposed under subsection (1) or amended under subsection

(2); and

(

b) the

licensee or other person who is the subject of the condition has complied with that

condition.

Notice

to representative of a First Nations, Inuit or Métis community

(8) In

the case of a First Nations, Inuk or Métis child, a notice of anything referred

to in subsection (7) may be provided to the representative chosen by each of

the child’s bands or First Nations, Inuit or Métis communities.

Information

upon request

(9) For

the purposes of assisting the Director or inspector in providing notice under

subsection (7) or (8), the licensee shall, upon request, provide the Director

or inspector with,

(

a) the

name of any placing agency or person who has a child placed in the children’s

residence or other place where residential care is provided under the authority

of a licence; and

(

b) in

the case of a First Nations, Inuk or Métis child, with the name of the

representative chosen by each of the child’s bands or First Nations, Inuit or

Métis communities.

personal information

(10) The

notice provided under subsection (7) or (8) shall contain no personal

information.

(1) Clause 261 (

a) of the Act is repealed and the following

substituted:

(

a) the

applicant or a person the applicant has employed or otherwise engaged to

provide residential care or to supervise those providing residential care is

not competent to operate a children’s residence or to provide residential care,

(

i) in

a responsible manner in accordance with this Act, the regulations or any other

applicable law, or

(ii) with

honesty and integrity;

(2) Subclause

261 (

b) of the Act is amended by adding “or will not be carried on with honesty

and integrity” at the end.

The Act is amended by adding the following section:

Licences,

public interest

261.1

(1) The

Minister may determine that a licence should not be issued if the Minister

believes that issuing the licence would be contrary to the public interest,

having regard to,

(

a) the

number of licensed residential placements available in the area where the

applicant proposes to provide residential care and the maximum number of

children for whom residential care may be provided in those placements;

(

b) the

number of licensed residential placements available in Ontario and the maximum

number of children for whom residential care may be provided in those

residential placements;

(

c) the

other services, as defined in subsection 2 (1), available in the geographic

area where the applicant proposes to provide residential care and any other

area in Ontario;

(

d) the

other residential placement options available in the geographic area where the

applicant proposes to provide residential care and any other area, where that

information is available to the Minister;

(

e) any

other matters that may be prescribed; or

(

f) any

other matters that the Minister considers to be relevant.

Determination

at Minister’s discretion

(2) The

Minister’s determination made under subsection (1) is within the sole

discretion of the Minister and is not subject to appeal to the Tribunal.

(1) Clause 262 (

a) of the Act is amended by striking out “the

licensee or an employee of the licensee, or where the licensee is a

corporation, an officer or director of the corporation” at the beginning and

substituting “the licensee or a person the licensee has employed or otherwise

engaged to provide residential care or to supervise those providing residential

care”.

(2) Clause

262 (

b) of the Act is amended by striking out “or” at the end of subclause (i),

by adding “or” at the end of subclause (ii) and by adding the following

subclause:

(iii) that

the children’s residence or other place where residential care is provided is

not being or will not be operated with honesty or integrity;

(3) Clause

262 (

f) of the Act is repealed and the following substituted:

(

f) a

change has occurred in the persons the licensee has employed or otherwise

engaged to provide residential care or to supervise those providing residential

care that would, if the licensee were applying for the licence in the first

instance, afford grounds under clause 261 (

b) for refusing to issue the licence;

(f.1) where

the licensee is a corporation, a change has occurred in the officers or

directors of the licensee that would, if the licensee were applying for the

licence in the first instance, afford grounds under clause 261 (

b) for refusing

to issue the licence;

(4) Section

262 of the Act is amended by adding “or” to the end of clause (

g) and by adding

the following clause:

(

h) the

licensee has failed to pay a penalty imposed by a notice of administrative

penalty issued under

section 279.8.

The Act is amended by adding the following sections:

Interpretation

262.1 For the purposes of

clauses 261 (

a) and (

e) and 262 (a), a reference to an applicant or a licensee

includes a reference to an officer or director if the applicant or licensee is

a corporation.

application

262.2 An applicant or

licensee to whom a notice is issued under

section 263 may not submit a new

application for a licence,

(

a) until

the period to request a hearing by the Tribunal under clause 265 (2) (

b) has

expired; or

(

b) where

the applicant or licensee has requested a hearing respecting the notice, until

the Tribunal has made an order under subsection 265 (5) and until all other

appeals, including any appeal commenced under

section 267, have been disposed

of.

(1) Subsection 263 (1) of the Act is amended by striking out the

portion before clause (

a) and substituting the following:

Notice

of proposal

(1) The

Director shall serve notice on the applicant or licensee, as the case may be,

if the Director proposes to,

. . . .

(2) Subsection

263 (2) of the Act is repealed and the following substituted:

Contents

and service of notice

(2) The

notice shall,

(

a) set

out the reasons for the proposed action and any other prescribed information;

and

(

b) state

that the applicant or licensee is entitled to a hearing by the Tribunal if they

request one in accordance with subsection 265 (2) and set out an explanation of

how to request a hearing, including the deadline for doing so.

Filing

with court

(3) Subject

to subsection (4), a certified copy of a notice issued under subsection (1) may

be filed with a local registrar of the Superior Court of Justice and, on

filing, is deemed to be an enforceable order of that court.

Same

(4) The certified copy of the notice shall not be filed until the

time for requesting a hearing set out in subsection 265 (2) has expired, or if

the applicant or licensee has requested a hearing by the Tribunal, until the

request has been withdrawn .

Subsections 264 (2) to (5) of the Act are repealed and the following

substituted:

Service

of notice

(2) Notice

of the suspension shall be served on the licensee.

Contents

of notice

(3) The

notice shall,

(

a) set

out the reasons for the suspension of the licence and any other prescribed

information; and

(

b) state

that the licensee is entitled to a hearing by the Tribunal if they request one in

accordance with subsection 265 (2) and set out an explanation of how to request

a hearing, including the deadline for doing so.

Filing

with court

(4) Subject

to subsection (5), a certified copy of a notice issued under subsection (2) may

be filed with a local registrar of the Superior Court of Justice and, on

filing, is deemed to be an enforceable order of that court.

Same

(5) The certified copy of the notice shall not be filed until the

time for requesting a hearing set out in subsection 265 (2) has expired, or if

the applicant or licensee has requested a hearing by the Tribunal, until the

request has been withdrawn .

Effect

of suspension

(6) A

suspension takes effect immediately upon the licensee’s receipt of the notice,

after which time the licensee shall, having regard to the child’s best

interests, cease to provide residential care immediately.

Suspension

is not stayed

(7) A

suspension is not stayed by a request for a hearing by the Tribunal.

Posting

of

summary of notice

(8) A

Director may post a

summary of a notice of suspension,

(

a) in

the case of a children’s residence, at the residence; or

(

b) in

the case of any other place where residential care is provided under the

authority of a licence, at the business premises of the licensee or at any

other prescribed premises.

personal information

(9) The

summary of the notice referred to in subsection (8) shall contain no personal

information.

Removal

of

summary prohibited

(10) No

person, other than a Director, shall remove a

summary of a notice unless the

person is authorized to do so by a Director or in the prescribed circumstances.

application

(11) No

person whose licence is suspended may apply to a Director for a licence during

the suspension.

(1) Subsection 265 (1) of the Act is amended by striking out the

portion before paragraph 1 and substituting the following:

Hearings

by Tribunal

(1) An

applicant or licensee may request a hearing by the Tribunal in accordance with

subsection (2) if they receive any of the following:

. . . .

(2) Subsection

265 (1) of the Act is amended by adding the following paragraph:

5. An

order requiring management under

section 279.4.

(3) Subsection

265 (2) of the Act is amended by striking out “notice” in the portion before

clause (

a) and substituting “notice or order”.

(4) Clause

265 (2) (

a) of the Act is amended by striking out “given the notice” at the end

and substituting “served with the notice”.

(5) Clause

265 (2) (

b) of the Act is amended by striking out “given the notice” at the end

and substituting “served with the notice”.

(6) Subsection

265 (2) of the Act is amended by adding the following clause:

(

c) in

the case of an order requiring management under

section 279.4, within 10 days

after the person is served with the order.

(7) Section

265 of the Act is amended by adding the following subsection:

Content

of request

(2.1) No

later than 20 days after the notice or the order has been served, the applicant

or licensee must provide the Director, as part of their request for a hearing,

with the following:

1. The

portions of the notice or order in respect of which the hearing is requested.

2. The

reasons for requesting a hearing.

3. Where

applicable, any measures that the licensee has put in place to protect the

health and safety of children receiving residential care.

4. Any

provisions of the Act or regulations that the applicant or licensee thinks are

relevant to their request.

5. An

address for service to the applicant or licensee.

6. An

email address for the applicant or licensee, if available.

(8) Clause

265 (5) (

a) of the Act is amended by striking out “or” at the end of subclause

(i), by adding “or” at the end of subclause (ii) and by adding the following

subclause:

(iii) substitute

its opinion for that of the Director with respect to the reasons for the

refusal or revocation;

(9) Clause

265 (5) (

c) of the Act is repealed and the following substituted:

(

c) in

the case of a suspension of a licence or an order requiring management under

section 279.4,

(

i) rescind

or confirm the suspension or order, or

(ii) substitute

its opinion for that of the Director with respect to the reasons for the

suspension or order.

(10) Subsection

265 (6) of the Act is repealed.

Subsection 266 (8) of the Act is repealed and the following substituted:

Final

decision by Tribunal

(8) The

Tribunal shall use its best efforts to make a final decision in a timely

fashion.

The Act is amended by adding the following section:

automatic stay on appeal to court

267.1

(1) An

appeal to the Divisional Court does not stay the decision unless the Divisional

Court orders otherwise upon being satisfied that a stay will not cause harm or

a risk of harm to the health, safety or welfare of a child.

Application

to remove stay — new circumstances

(2) The

Director may apply for the removal of a stay ordered by the Divisional Court

under subsection (1) on the grounds that the circumstances have changed since

the order was made.

Removal

of stay

(3) If

the Director has applied under subsection (2) and the Divisional Court is

satisfied that the circumstances have changed, the Court shall remove the stay

unless it is satisfied that continuing the stay will not cause harm or a risk

of harm to the health, safety or welfare of a child.

(1) Clauses 270 (

a) and (

b) of the Act are repealed and the

following substituted:

(

a) the

licensee shall, within 24 hours of the revocation, refusal or cessation, or

immediately in the case of a suspension, notify in writing every placing agency

or person who has a child placed in the children’s residence or other place

where residential care is provided;

(

b) the

placing agency or person who placed a child shall, having regard to the child’s

best interests, arrange for the child’s removal from the residence or other

place as soon as is practicable, or immediately in the case of a suspension,

and the Minister may assist in finding an alternative placement for the child;

and

(

c) in

the case of a First Nations, Inuk or Métis child, the licensee shall, within 24

hours of the revocation, refusal or cessation, or immediately in the case of a

suspension, notify in writing the representative chosen by each of the child’s

bands or First Nations, Inuit or Métis communities of the revocation,

suspension, refusal or cessation.

(2) Section

270 of the Act is amended by adding the following subsection:

Notice

to Director

(2) As

soon as practicable after giving notice under clause (1) (a), the licensee

shall inform the Director that such notice has been provided.

Section 279 of the Act is repealed and the following substituted:

Copy

constitutes evidence

(1) In

any proceeding, other than a prosecution, a copy of an order, notice, decision

or inspection report made under this Act or the regulations that appears to be

signed by an inspector or a Director is admissible as evidence of the order,

notice, decision or inspection report and of the facts appearing in the

document without further proof.

Same

(2) In

any proceeding, other than a prosecution, a copy of a record or thing made

under clause 276 (1) (

d) that appears to be certified as a true copy of the

original by an inspector is admissible as evidence of the record or thing and

of the facts appearing in it without further proof.

Same,

prosecution

(3) In

any prosecution, a copy of an order, notice, decision or inspection report made

under this Act or the regulations that appears to be signed by an inspector or a

Director is admissible as evidence, in the absence of evidence to the contrary,

of the order, notice, decision or inspection report and of the facts appearing

in the document without further proof.

Same

(4) In

any prosecution, a copy of a record or thing made under clause 276 (1) (

d) that

appears to be certified as a true copy of the original by an inspector is

admissible as evidence, in the absence of evidence to the contrary, of the record

or thing and of the facts appearing in it without further proof.

The Act is amended by adding the following sections:

Enforcement

Actions

by inspector in case of non-compliance

279.1

(1) If an

inspector finds that a licensee has not complied with a requirement under this

Act, with a directive issued under

section 252 or with a condition of their

licence, the inspector shall take one or more of the following actions:

1. Issue

a written notification of non-compliance to the licensee.

2. Issue

a written notification to the licensee and refer the matter to the Director for

further action.

3. Make

a compliance order under

section 279.2.

4. Issue

a notice of administrative penalty under

section 279.8.

Non-compliance

remedied

(2) Despite

subsection (1), if the licensee has remedied the non-compliance and the

inspector is satisfied that the non-compliance caused no harm and created no

risk or minimal risk of harm to a child, the inspector is not required to take

an action under subsection (1) but shall document their findings as well as the

remedy in the inspection report required under

section 278.

Compliance

orders

279.2

(1) If an

inspector or a Director believes on reasonable grounds that a licensee or a person

providing residential care on behalf of the licensee has contravened or failed

to comply with a requirement under this Act, with a condition of the licence or

with a directive issued under

section 252, the inspector or Director may order

them to,

(

a) do

anything or refrain from doing anything to achieve compliance;

(

b) prepare,

submit and implement a written plan that is acceptable to the inspector or

Director for achieving compliance; or

(

c) arrange

for a person specified in the order to complete specified educational courses

or training.

Term

(2) In

making an order under subsection (1), the inspector or Director may specify dates

by which the licensee or person providing residential care on behalf of the

licensee is required to comply with the order.

Amendment

or revocation of order

(3) An

order made under subsection (1) may be amended or revoked and the licensee and

the person to whom the order is directed, where that person is not the

licensee, shall be given written notice of the amendment or revocation.

appeal from compliance orders

(4) Orders

made under subsection (1) or amended under subsection (3) by an inspector or a

Director are within the sole discretion of the inspector or Director and are

not subject to an appeal to the Tribunal.

Filing

with court

(5) A

certified copy of an order made subsection (1) or amended under subsection

(3) may be filed with a local registrar of the Superior Court of Justice and, on

filing, is deemed to be an enforceable order of that court.

Notice

to placing agency or other person

(6) An

inspector or the Director may provide to every placing agency or person who has

a child placed in the children’s residence or other place where residential

care is provided under the authority of a licence notice that,

(

a) an

order has been made under subsection (1) or amended or revoked under subsection

(3); and

(

b) the

licensee or other person who is the subject of the order has complied with it.

Notice

to representative of a First Nations, Inuit or Métis community

(7) In

the case of a First Nations, Inuk or Métis child, a notice of anything referred

to in subsection (6) may be provided to the representative chosen by each of

the child’s bands or First Nations, Inuit or Métis communities.

Information

upon request

(8) For

the purposes of assisting the Director or inspector in providing notice under

subsection (6) or (7), the licensee shall, upon request, provide the Director

or inspector with,

(

a) the

name of any placing agency or person who has a child placed in the children’s

residence or other place where residential care is provided under the authority

of a licence; and

(

b) in

the case of a First Nations, Inuk or Métis child, with the name of the

representative chosen by each of the child’s bands or First Nations, Inuit or

Métis communities.

personal information

(9) The

notice provided under subsection (6) or (7) shall contain no personal

information.

Restraining

orders

279.3

(1) If a

Director believes on reasonable grounds that the residential care a licensee or

any person who is employed or otherwise engaged by the licensee provides under

the authority of a licence issued under this Part poses an imminent threat to

the health, safety or welfare of any children receiving such care, the Director

may apply to the Superior Court of Justice for an order to restrain the

licensee or person from providing residential care under the authority of any

licence issued under this Part.

Interim

order

(2) In

a proceeding commenced under subsection (1), a judge may, on application of the

Director, grant an interim order described in that subsection if the judge

believes, based on the evidence before them, that it is in the public interest

to do so.

Same

(3) A

judge may grant an interim order even if the Director has not established that

irreparable harm will be done if the order is not issued.

Same

(4) A

judge shall not require the Director to post a bond or give an undertaking as

to damages when granting an interim order.

Variations

or discharge

(5) Any

person subject to an order may apply to the Superior Court of Justice for an

order to vary or discharge an order made under subsection (1).

Order

requiring management

279.4

(1) A

Director may order a licensee to retain, at the licensee’s expense, one or more

persons acceptable to the Director to manage or assist in managing,

(

a) the

entire operation of the children’s residence or other place where residential

care is provided under the authority of a licence; or

(

b) a

specific issue related to the operation of the children’s residence or other

place where residential care is provided under the authority of a licence.

Contents

of order

(2) The

Director may, in an order made under subsection (1), set out the time within

which the licensee shall retain one or more persons acceptable to the Director,

the time within which the person or persons must begin to perform their duties

pursuant to clause (1) (

a) or (

b) and any other prescribed information.

Grounds

(3) An

order may be made under subsection (1) if,

(

a) there

are reasonable grounds to believe that the licensee has not complied with a

requirement under this Act, with a condition of their licence or with a

directive issued under

section 252;

(

b) there

are reasonable grounds to believe that the licensee cannot or will not properly

manage the children’s residence or other place where residential care is

provided under the authority of a licence, or that they cannot do so without

assistance;

(

c) there

are circumstances present in the residence or other place where residential

care is provided under the authority of a licence that are prejudicial to the child’s

health, safety or welfare; or

(

d) there

is an emergency situation in the residence or other place, or a situation

comparable to an emergency, including an outbreak of disease of public health

significance, a communicable disease as defined in the Health

Protection and Promotion Act or a pandemic.

Director’s

authority to collect information

(4) The

Director may collect information on the qualifications, including any

prescribed qualifications, of a person to be retained under subsection (1) for

the purposes of supporting the Director’s assessment of whether that person is qualified

to carry out the duties set out in clause (1) (

a) or (b).

Order

takes effect upon service

(5) An

order made under subsection (1) takes effect immediately upon being served on

the licensee and is not stayed by a request for a hearing by the Tribunal.

Filing

with court

(6) Subject

to subsection (7), a certified copy of an order issued under subsection (1) may

be filed with a local registrar of the Superior Court of Justice and, on

filing, is deemed to be an enforceable order of that court.

Same

(7) The certified copy of the notice shall not be filed until the

time for requesting a hearing set out in subsection 265 (2) has expired, or if

the applicant or licensee has requested a hearing by the Tribunal, until the

request has been withdrawn .

Notice

to placing agency or other person

(8) A

Director may provide notice of the order to every placing agency or person who

has a child placed in the children’s residence or other place where residential

care is provided under the authority of a licence.

Notice

to representative of a First Nations, Inuit or Métis community

(9) In

the case of a First Nations, Inuk or Métis child, the notice described in

subsection (8) may be provided to the representative chosen by each of the

child’s bands or First Nations, Inuit or Métis communities.

Information

upon request

(10) For

the purposes of assisting the Director in providing notice under subsection

(8) or (9), the licensee shall, upon request, provide the Director or inspector with,

(

a) the

name of any placing agency or person who has a child placed in the children’s

residence or other place where residential care is provided under the authority

of a licence; and

(

b) in

the case of a First Nations, Inuk or Métis child, with the name of the

representative chosen by each of the child’s bands or First Nations, Inuit or

Métis communities.

personal information

(11) The

notice provided under subsection (8) or (9) shall contain no personal

information.

Order

to return funds or pay

279.5

(1) A

Director may order that a licensee return or pay to a person or entity a

specified amount of money that was provided to or collected by the licensee for

the provision of residential care under the authority of a licence.

Contents

of order

(2) An

order made under subsection (1) shall set out the amount of the money to be

paid or returned and the time and manner of the payment or return.

Grounds

(3) An

order may be made under subsection (1) if the Director has determined that,

(

a) the

licensee has misused or failed to use all or part of the funding provided to

them in accordance with the terms of an agreement for the provision of

residential care to a child entered into with a person or entity ; or

(

b) the

licensee has misused or failed to use funding provided to them by a person or

entity for the provision of residential care under the authority of a licence

in any of the prescribed circumstances.

Determination

of amount

(4) In

determining the amount of money to be returned or paid, the Director shall take

into account the following principles:

1. The

amount of money returned or paid should be sufficient to encourage compliance

with the terms of any agreement in place respecting funding to be provided to

the licensee for the provision of residential care.

2. The

amount of money returned or paid shall be reasonably proportionate to the

amount of funding that the licensee misused or failed to use for the provision

of residential care to a child.

3. Any

other principles that may be prescribed.

Financial

information

(5) For

the purposes of deciding whether to make an order under subsection (1) or

determining the amount to be returned or paid under subsection (4), the

Director may, if the Director believes that a licensee has misused or failed to

use all or part of the funding provided to or collected by the licensee for the

provision of residential care from a person or entity, require the person or

entity to provide,

(

a) documentation

of all funding provided to the licensee for the provision of residential care

in respect of children placed with the licensee;

(

b) a

copy of any agreements entered into with the licensee for the provision of

residential care, including details of the financial arrangements with respect

to the licensee’s provision of residential care to the children; and

(

c) any

other prescribed information.

Interpretation

(6) For

the purposes of subsections (1), (3) and (5), a person or entity means a person

or entity that provides a service funded under this Act and that has placed a

child in residential care or in foster care, and includes a society.

Copy

of order

(7) When

an order is made under subsection (1), the Director shall ensure that the person

or entity to whom the money is being paid or returned receives a copy of the

order.

Notice

to placing agency or other person

(8) A

Director may provide notice of the order to every placing agency or person who

has a child placed in the children’s residence or other place where residential

care is provided under the authority of a licence.

Notice

to representative of a First Nations, Inuit or Métis community

(9) In

the case of a First Nations, Inuk or Métis child, the notice described in

subsection (8) may be provided to the representative chosen by each of the

child’s bands or First Nations, Inuit or Métis communities.

Information

upon request

(10) For

the purposes of assisting the Director in providing notice under subsection

(8) or (9), the licensee shall, upon request, provide the Director or inspector

with,

(

a) the

name of any placing agency or person who has a child placed in the children’s

residence or other place where residential care is provided under the authority

of a licence; and

(

b) in

the case of a First Nations, Inuk or Métis child, with the name of the

representative chosen by each of the child’s bands or First Nations, Inuit or

Métis communities.

personal information

(11) The

notice provided under subsection (8) or (9) shall contain no personal

information.

Production

order

279.6

(1) On

application without notice by a provincial offences officer, a justice may at

any time issue a production order to a person, other than a person under

investigation for an offence, requiring the person to,

(

a) produce

documents or data, or copies of documents or data certified by affidavit to be

true copies; or

(

b) prepare

a document based on documents or data already in existence and produce it.

Contents

of order

(2) A

production order must stipulate when, where and how the documents or data are

to be produced, and to whom they are to be produced.

Grounds

(3) A

justice may make a production order if satisfied by information given under

oath or affirmation that there are reasonable grounds to believe that,

(

a) an

offence under this Act has been or is being committed;

(

b) the

document or data will provide evidence respecting the offence or suspected

offence; and

(

c) the

person who is subject to the order has possession or control of the document or

data.

Conditions

(4) A

production order may contain any conditions the justice considers advisable.

Evidence

(5) A

copy of a document or data produced under this section, on proof by affidavit

that it is a true copy, is admissible in evidence in proceedings under this Act

and has the same probative force as the original document or data would have if

it had been proved in the ordinary way.

return of copies

(6) Copies

of documents or data produced under this

section are not required to be

returned to the person who provided them.

Interpretation

(7) In

this section, “justice” means a provincial judge or a justice of the peace.

Form and service of orders

279.7 An order under

section 279.2,

279.4 or 279.5 shall,

(

a) be

in writing;

(

b) set

out the reasons for the order and any other prescribed information;

(

c) set

out, if there is a right of review under subsection 279.9 (1), a statement of

that right and an explanation of how to exercise that right, including the

deadline for requesting a review;

(

d) set

out, if there is a right to a hearing under

section 265, a statement of that

right and an explanation of how to exercise that right, including the deadline

for requesting a hearing; and

(

e) be

served on the licensee against whom it is made or issued and, in the case of a

compliance order, on the person whom the Director or inspector believes is not

in compliance with a requirement under this Act, any licence conditions or a

directive issued under

section 252, if that person is not the licensee.

Administrative

Penalties

Notice of administrative penalty

279.8

(1) An

inspector or a Director may issue a notice in writing requiring a licensee to

pay an administrative penalty in the amount set out in the notice if the

inspector or Director is of the opinion that the licensee has contravened or failed

to comply with a requirement under this Act or with a directive issued under

section 252.

Purposes

of administrative penalty

(2) A

notice of administrative penalty may be issued under this

section for the

purpose of,

(

a) encouraging

compliance with a requirement under this Act or with a directive issued under

section 252; or

(

b) preventing

a licensee from deriving, directly or indirectly, any economic benefit as a

result of contravening or failing to comply with a requirement under this Act

or with a directive issued under

section 252.

Content

and service of notice of administrative penalty

(3) A

notice of administrative penalty shall be served on the licensee against whom

it is issued and shall,

(

a) set

out the reasons for the notice, including details of the contravention or

failure to comply, and any other prescribed information;

(

b) set

out the amount of the penalty to be paid and specify the time and manner of the

payment; and

(

c) state

that the licensee is entitled to request a review of the notice by a designated

senior employee under subsection 279.9 (1) and an explanation of how to request

the review, including the deadline for doing so.

Amount of administrative penalty

(4) Subject

to subsections (5) and (6), the amount of an administrative penalty in respect

of a contravention or failure to comply,

(

a) shall

be determined by the inspector or Director in accordance with the prescribed

rules;

(

b) shall

not exceed $100,000; and

(

c) shall

reflect the purposes referred to in subsection (2).

Same, considerations

(5) In

determining the amount of an administrative penalty under clause (4) (a), the

inspector or Director may consider,

(

a) whether

the licensee has previously contravened or failed to comply with a requirement

under this Act or with a directive issued under

section 252;

(

b) whether

an order has previously been made under

section 279.2 because the licensee contravened

or failed to comply with the same requirement under this Act or with a

directive issued under

section 252, including an order made before this

section

came into force; or

(

c) any

other prescribed criteria.

Same, reduced amount

(6) The

inspector or Director shall reduce the amount of an administrative penalty

determined under clause (4) (

a) if the inspector or Director determines that

the amount is excessive in the circumstances or is, by its magnitude, punitive

in nature having regard to all the circumstances and any reduction shall

constitute an amendment under subsection (13).

Notice

to placing agency or other person

(7) An

inspector or the Director may provide to every placing agency or person who has

a child placed in the children’s residence or other place where residential

care is provided under the authority of a licence notice that,

(

a) a

notice of administrative penalty has been issued under subsection (1) or

amended or revoked under subsection (13); and

(

b) the

licensee who is the subject of the notice has paid the administrative penalty.

Notice

to representative of a First Nations, Inuit or Métis community

(8) In

the case of a First Nations, Inuk or Métis child, a notice of anything referred

to in subsection (7) may be provided to the representative chosen by each of

the child’s bands or First Nations, Inuit or Métis communities.

Information

upon request

(9) For

the purposes of assisting the Director or inspector in providing notice under

subsection (7) or (8), the licensee shall, upon request, provide the Director

or inspector with,

(

a) the

name of any placing agency or person who has a child placed in the children’s

residence or other place where residential care is provided under the authority

of a licence; and

(

b) in

the case of a First Nations, Inuk or Métis child, with the name of the

representative chosen by each of the child’s bands or First Nations, Inuit or

Métis communities.

personal information

(10) The

notice provided under subsection (7) or (8) shall contain no personal

information.

Posting

of

summary of notice

(11) A

Director or inspector may post a

summary of the notice of administrative

penalty, a

summary of any amendments to the notice or a

summary of the

revocation of the notice,

(

a) in

the case of a children’s residence, at the residence; or

(

b) in

the case of any other place where residential care is provided under the

authority of a licence, at the business premises of the licensee or at any

other prescribed premises.

Removal

of

summary of notice prohibited

(12) No

person, other than a Director or inspector, shall remove a

summary of the notice

unless the person is authorized to do so by a Director or inspector or in the

prescribed circumstances.

Amendment

or revocation of notice

(13) A

notice of administrative penalty issued under subsection (1) may be amended or

revoked and the licensee must receive written notice of the amendment or

revocation.

Notice

of amendment

(14) The

Director or inspector shall comply with subsection (3) when providing a

licensee with a notice of amendment.

Two-year

limitation

(15) An

inspector or Director shall not issue a notice of an administrative penalty

more than two years after the day the inspector or Director first becomes aware

of the most recent contravention or failure to comply with a requirement under

this Act or with a directive issued under

section 252 on which the notice is

based.

Payment

to Minister of Finance

(16) A

licensee who is required to pay an administrative penalty under this Act shall

pay the penalty to the Minister of Finance.

Reviews

Review

of order to return or pay funds and of notice of administrative penalty

279.9

(1) A

licensee may request that a designated senior employee conduct a review in the

following circumstances:

1. The

licensee has been ordered to return or pay a specified amount of money under subsection

279.5 (1).

2. A

notice of administrative penalty has been issued against the licensee under

section 279.8.

Request

for review

(2) The

request for review must be in writing and shall be served on the designated

senior employee within 28 days from the day the notice or order was served on

the licensee.

Contents

of request for review

(3) The

request for review must include,

(

a) the

portions of the order or notice of administrative penalty in respect of which

the review is requested;

(

b) any

submissions that the licensee wishes the designated senior employee to

consider;

(

c) an

address for service on the licensee; and

(

d) an

email address for the licensee, if available.

Copy

of request

(4) If

the licensee requests a review of an order made under subsection 279.5 (1), the

licensee shall provide a copy of the request by email at the last known address

of the person or entity named in the order on the same day that the request is

served on the designated senior employee.

Review,

stay of order or administrative penalty

(5) If

a licensee requests a review, the requirement to comply with the order or pay

the administrative penalty is stayed until the disposition of the review.

Decision

of the designated senior employee re order to return or pay funds

279.10

(1) On

review of an order made under subsection 279.5 (1), the designated senior

employee may rescind, confirm or amend the order, or may substitute their own

order for that of the Director.

Decision

of the designated senior employee re administrative penalty

(2) On

review of a notice of administrative penalty, the designated senior employee

may,

(

a) find

that the licensee did not contravene or fail to comply with a requirement under

this Act or a directive issued under

section 252 specified in the notice, and

rescind the notice;

(

b) find

that the licensee did contravene or fail to comply with a requirement under

this Act or a directive issued under

section 252, and confirm the notice;

(

c) find

that the licensee did contravene or fail to comply with a requirement under

this Act or a directive issued under

section 252, but that the penalty is

excessive in the circumstances or is, by its magnitude, punitive in nature

having regard to all the circumstances, in which case the employee shall amend

the notice by reducing the amount of the penalty; or

(

d) find

that the amount of the administrative penalty was calculated incorrectly, and

increase or decrease the amount to correct the calculation.

Form

and service of decision

(3) The

decision of the designated senior employee shall,

(

a) be

in writing;

(

b) set

out the reasons for the decision and any other prescribed information; and

(

c) be

served on the licensee and, in the case of an order made under subsection 279.5

(1), on the person or entity that is named in the order.

Compliance

after review

(4) The

licensee shall comply with the decision of the designated senior employee

within 30 days after the day the decision was served on the licensee.

Decision

final

(5) The

decision of the designated senior employee is final.

Non-application

of SPPA

(6) The

Statutory Powers Procedure Act does not apply to a

review conducted under this section.

Notice

of designated senior employee’s decision to placing agency or other person

279.11

(1) The designated

senior employee may provide notice of their decision to every placing agency or

person who has a child placed in the children’s residence or other place where

residential care is provided under the authority of a licence.

Notice

of designated senior employee’s decision to representative of a First Nations,

Inuit or Métis community

(2) In

the case of a First Nations, Inuk or Métis child, the notice may be provided by

the designated senior employee to the representative chosen by each of the

child’s bands or First Nations, Inuit or Métis communities.

personal information

(3) The

notice provided under subsection (1) or (2) shall contain no personal

information.

Enforcement

of order to return or pay funds and administrative penalty

279.12

(1) Subject

to subsection (2), if a licensee fails to comply with an order made under

section

279.5 or fails to pay an administrative penalty in accordance with the terms set

out in the notice, a certified copy of any of the following may be filed with a

local registrar of the Superior Court of Justice and, on filing, is deemed to

be an enforceable order of that court:

1. An

order made under

section 279.5.

2. A

notice of administrative penalty issued under

section 279.8.

3. A

designated senior employee’s decision made under

section 279.10.

Same

(2) The

order made under

section 279.5 or the notice of administrative penalty issued

under

section 279.8 shall not be filed until the time for requesting a review

by the designated employee set out in subsection 279.9 (2) has expired or, if

the licensee has requested a review, until the request has been withdrawn.

Post-judgment

interest

(3) Section

129 of the Courts of Justice Act applies in respect

of an order, notice of administrative penalty or decision filed with the

Superior Court of Justice under subsection (1) of this

section and, for that

purpose, the date on which the order, notice of administrative penalty or

decision is filed is deemed to be the date of the order.

Crown

debt

279.13 An administrative

penalty issued under this Part that is not paid in accordance with the terms

set out in the order or notice of the administrative penalty is a debt due to

the Crown and enforceable as such.

(1) Subsection 280 (1) of the Act is amended by adding the following

clauses:

(

j) contravenes

section 249 (duty to provide licence and other information);

(

k) fails

to comply with a notice issued under

section 264 (suspension);

(

l) fails

to comply with an order made under

section 279.2 (compliance orders);

(

m) fails

to comply with an order made under

section 279.4 (order requiring management);

(

n) fails

to comply with an order made under

section 279.5 (order to return funds or pay);

(

o) fails

to pay an administrative penalty issued under

section 279.8

(2) Clauses

280 (2) (

a) and (

b) of the Act are repealed and the following substituted:

(

a) a

fine of not more than $250,000 or imprisonment for a term of not more than one

year or both, in the case of an individual; or

(

b) a

fine of not more than $250,000 if the person is not an individual.

(3) Subsection

280 (4) of the Act is amended by striking out “$5,000” at the end and

substituting “$250,000”.

(4) Section

280 of the Act is amended by adding the following subsection:

Prosecution

of individuals

(7) If

an act or omission of an individual employed or otherwise engaged by a service

provider to provide services under this Act would be an offence under

subsection (1) if the act was committed or the omission was made by the service

provider, the individual is guilty of the offence, whether or not the service

provider has been prosecuted or convicted.

The Act is amended by adding the following section:

General

Service

280.1

(1) Anything

that is required to be served by a Director, an inspector or a designated

senior employee under this Part shall be served,

(

a) personally;

(

b) by

registered mail or commercial courier to the person who is to be served at the

last address appearing on the records of the Ministry for that person; or

(

c) by

email to the person who is to be served at the last email address appearing on

the records of the Ministry for that person.

Same

(2) Anything

that is required to be given or delivered by a Director, an inspector or other

employee of the Ministry may be served as provided for in subsection (1).

Personal

service

(3) For

the purposes of clause (1) (a), a document is served personally if,

(

a) in

the case of an individual, a copy of the document is delivered personally to

the individual;

(

b) in

the case of a sole proprietorship, a copy of the document is delivered

personally to the sole proprietor or to a person apparently authorized to

accept the delivery in an office of the proprietor; or

(

c) in

the case of a corporation, a copy of the document is delivered personally to an

officer or director of the corporation or to a person apparently authorized to

accept the delivery in an office of the corporation.

Same

(4) For

the purposes of subsection (3), a person serving a document personally is not

required to provide the original document or have it in their possession.

Methods

of service

(5) Anything

that is required to be served, given or delivered to the Director, the

designated senior employee or to the Minister under this Part shall be served

by email or by any other method authorized by the Director, the designated

senior employee or the Minister, as the case may be.

Service

to person in charge

(6) A

document may also be served on a children’s residence or other place where

residential care is provided under the authority of a licence by delivering a

copy of the document personally to a person apparently in charge of the

residence or other place that is the subject of the document in question.

Service

by registered mail

(7) If

service is made by registered mail, the service is deemed to be made on the

fifth day after the day of mailing.

Service

by email

(8) If

service is made by email, the service is deemed to be made on the following day

if the document was served after 4 p.m.

Service

by commercial courier

(9) If

service is made by commercial courier, the service is deemed to be made on the

second business day after the commercial courier received the document.

The definition of “proceeding” in

section 281 of the Act is amended by adding “the

Council or a committee of the College of Early Childhood Educators under the Early Childhood Educators Act, 2007 , a committee of the

Ontario College of Teachers under the Ontario College of

Teachers Act, 1996 ” before “an arbitrator”.

The Act is amended by adding the following section:

use of personal information

291.1

(1) Despite

sections 286 and 291, no society or prescribed person or entity shall use personal

information about an individual that was collected by the society or prescribed

person or entity when the individual was receiving care and support pursuant to

an agreement made under

section 124 or when the individual was a child who was

or may have been in need of protection or that was collected in other

prescribed circumstances, if,

(

a) the

personal information is held in a prescribed record or relates to care and

support received pursuant to an agreement made under

section 124 or to prescribed

services provided to the individual; and

(

b) the

individual is no longer eligible to receive care and support pursuant to an

agreement made under

section 124 or prescribed services.

Exceptions

(2) A

society or prescribed person or entity may, in accordance with any regulations

and subject to any prescribed restrictions, use the personal information

described in subsection (1) if,

(

a) the

society or prescribed person or entity is required to use the information for

purposes of providing the information to the Minister pursuant to a request

made under subsection 283 (2) or 284 (2);

(

b) the

society or prescribed person or entity is using the personal information to

respond to a request for access to personal information under

section 313;

(

c) the

use is for the purposes of

section 320; or

(

d) the

use is for a prescribed purpose.

The Act is amended by adding the following section:

disclosure of personal information

292.1

(1) Despite sections

286 and 292, no society or prescribed person or entity shall disclose personal

information about an individual that was collected by the society or prescribed

person or entity when the individual was receiving care and support pursuant to

an agreement made under

section 124 or when the individual was a child who was

or may have been in need of protection or that was collected in other

prescribed circumstances, if,

(

a) the

personal information is held in a prescribed record or relates to care and

support received pursuant to an agreement made under

section 124 or to prescribed

services provided to the individual; and

(

b) the

individual is no longer eligible to receive care and support pursuant to an

agreement made under

section 124 or prescribed services.

Exceptions

(2) A

society or prescribed person or entity may, in accordance with any regulations

and subject to any prescribed restrictions, disclose the personal information

described in subsection (1) if,

(

a) the

society or prescribed person or entity is required to disclose the information

for purposes of providing the information to the Minister pursuant to a request

made under subsection 283 (2) or 284 (2);

(

b) the

society or prescribed person or entity is disclosing the personal information

to respond to a request for access to personal information under

section 313;

(

c) the

disclosure is for the purposes of

section 320; or

(

d) the

disclosure is for a prescribed purpose.

The Act is amended by adding the following part:

PART X.1

INVESTIGATIONS

Investigations

with warrant

332.1

(1) Upon

application made without notice by an inspector, a justice may issue a warrant

if satisfied on information under oath that there are reasonable grounds to

believe that a person has committed or is committing an offence under this Act

and that there is,

(

a) information

or evidence relating to the offence in any building, dwelling, receptacle or

place; or

(

b) information

or evidence relating to the offence that may be obtained through the use of an

investigative technique or procedure or from doing of anything described in the

warrant.

Powers

under warrant

(2) A

warrant authorizes an inspector to exercise the following powers, subject to

any conditions contained in the warrant:

1. To

enter or access the building, dwelling, receptable or place specified in the

warrant and seize, examine and remove anything described in the warrant.

2. To

make reasonable inquiries of any person, orally or in writing, with respect to

anything relevant to the investigation.

3. To

use any data storage, processing or retrieval device or system used in carrying

on business in order to produce information or evidence described in the

warrant, in any form.

4. To

require a person to produce the information or evidence described in the

warrant and to provide whatever assistance is reasonably necessary, including

using any data storage, processing or retrieval device or system to produce, in

any form, the information or evidence described in the warrant.

5. To

use any investigative technique or procedure described in the warrant or do

anything described in the warrant.

Dwellings

(3) The

power to enter a premises described in paragraph 1 of subsection (2) with a

warrant shall not be exercised to enter a premises that is used as a dwelling,

except if the justice is informed that the warrant is being sought to authorize

entry into a dwelling and the justice authorizes entry into the dwelling.

Conditions

on warrant

(4) The

warrant shall contain the conditions that the justice considers advisable to

ensure that any search authorized by the warrant is reasonable in the

circumstances.

Assistance

(5) The

warrant may authorize persons who have special, expert or professional

knowledge, and such other persons as may be necessary, to accompany and assist

the inspector in respect of the execution of the warrant.

Expiry

of warrant

(6) The

warrant shall state a date of expiry that is no later than 30 days after the

warrant is issued, but a justice may extend the date of expiry for an

additional period of no more than 30 days upon application without notice by an

inspector.

Time

of execution

(7) An

entry or access under a warrant issued under subsection (1) shall be made

between 8 a.m. and 8 p.m., unless the warrant specifies otherwise.

Use

of force

(8) An

inspector may call upon police officers for assistance in executing the warrant

and the inspector may use whatever force is reasonably necessary to execute the

warrant.

Copies

of seized items

(9) An

inspector who seizes anything under this

section or

section 332.2 may make a

copy of it.

Admissibility

(10) A

copy of a document or record certified by an inspector as being a true copy of

the original is admissible in evidence to the same extent as the original and

has the same evidentiary value.

Further

warrants

(11) A

justice may issue further warrants under subsection (1).

Interpretation

(12) In

this section, “justice” means a provincial judge or a justice of the peace.

Seizure

of things not specified

332.2 An inspector who is

lawfully present in a place pursuant to a warrant or otherwise in the execution

of their duties may, without a warrant, seize anything in plain view that the

inspector believes on reasonable grounds will afford evidence relating to an

offence under this Act.

Searches

in exigent circumstances

332.3

(1) An

inspector may exercise any of the powers described in subsection 332.1

(2) without a warrant if the conditions for obtaining a warrant exist but because

of exigent circumstances it would be impracticable to obtain one.

Same

(2) Subsections

332.1 (5), (9) and (10) and

section 332.2 apply, with necessary modifications,

to a search under this section.

Use

of force

(3) The

inspector may, in exercising any of the powers given by this section, call upon

police officers for assistance and use whatever force is reasonably necessary.

Report

to justice, things seized

332.4

(1) An

inspector who seizes anything under the authority of

section 332.1, 332.2 or

332.3 shall bring it before a justice or, if that is not reasonably possible,

shall report the seizure to a provincial judge or justice of the peace.

Procedure

(2) Sections

159 and 160 of the Provincial Offences Act apply

with necessary modifications, in respect of a thing seized under the authority

section 332.1, 332.2 or 332.3 of this Act, reading the reference in

subsection 160 (1) of that Act to a document that a person is about to examine

or seize under a search warrant as a reference to a thing that an inspector is

about to examine or seize under the authority of

section 332.1, 332.2 or 332.3

of this Act.

The Act is amended by adding the following section:

Declarations

and notices

334.1 The Lieutenant Governor

in Council may, by regulation, require prescribed persons to provide to any

person or body, in accordance with the regulations, declarations and notices

that,

(

a) relate

to the person’s criminal convictions, charges and offences, including offences

where there are outstanding warrants; and

(

b) include

the prescribed information.

Subsection 347 (1) of the Act is amended by adding the following paragraphs:

11.1 governing

the determination of administrative penalties, including prescribing rules for

the purposes of subsection 279.8 (4), criteria for the purposes of clause 279.8

(5) (

c) and circumstances in which a notice of administrative penalty may be

removed for the purposes of subsection 279.8 (12), and all matters necessary

and incidental to the administration of a system of administrative penalties

under this Act;

Subsection 347 (2) of the Act is amended by adding the

following paragraph s:

1.1 prescribing

positions for the purposes of the definition of “designated senior employee”

set out in

section 243;

. . . .

2.1 prescribing

circumstances in which a

summary of notice may be removed for the purposes of

subsection 264 (10);

. . . .

7.1 prescribing

qualifications of the persons to be retained pursuant to an order made under

subsection 279.4 (1);

. . . .

11. governing

the order made under

section 279.5, including,

i. circumstances

in which an order may be made for the purposes of clause 279.5 (3) (b),

ii. principles

that a Director shall take into account for the purposes of paragraph 3 of

subsection 279.5 (4), and

iii. information

that a Director may require when deciding whether to make an order under

subsection 279.5 (1) or determining the amount to be returned or paid under

subsection 279.5 (4);

12. setting

out procedures to be followed by a designated senior employee in conducting a

review under

section 279.9;

Section 348 of the Act is amended by adding the following paragraph:

7.1. with

respect to personal information described in

section 291.1 or 292.1, or class

of such personal information,

i. establishing

procedures and requirements that apply to the manner in which a society or

prescribed person may use or disclose the personal information,

ii. establishing

requirements, restrictions or prohibitions with respect to the collection, use,

disclosure, maintenance and keeping of the personal information by a society or

prescribed person in addition to the requirements, restrictions or prohibitions

set out in this Act, and

iii. exempting,

including temporarily exempting, any type of record or information from the

restrictions set out in sections 291.1 and 292.1.

Section 349 of the Act is amended by adding the following paragraph:

3.1 respecting

declarations and notices for the purposes of

section 334.1, including,

i. requiring

different classes of persons to provide declarations and notices that include

different types of information,

ii. prescribing

the procedures and practices to be followed when a declaration or notice is

required, and

iii. requiring

persons who are required to provide declarations or notices to provide other

information and prescribing that information.

Consequential

Amendments

Child

Care and Early Years Act, 2014

(1) Subsection 23 (10) of the Child Care and

Early Years Act, 2014 is amended by striking out “266 and 267” and

substituting “266, 267 and 267.1”.

(2) Subsection

23 (12) of the Act is repealed.

Intercountry Adoption Act, 1998

36 (1) Subsection 5 (3.1) of the Intercountry Adoption Act, 1998 is repealed.

(2) Subsection

15 (9) of the Act is repealed and the following substituted:

Final

decision by Tribunal

(9) The

Tribunal shall use its best efforts to make a final decision in a timely

fashion.

(3) The

Act is amended by adding the following section:

automatic stay on appeal to court

16.1

(1) An

appeal to the Divisional Court from the Tribunal’s decision does not stay the

decision unless the Divisional Court orders otherwise upon being satisfied that

a stay will not cause harm or a risk of harm to the health, safety or welfare

of a child.

Application

to remove stay — new circumstances

(2) The

Director may apply for the removal of a stay ordered by the Divisional Court

under subsection (1) on the grounds that the circumstances have changed since

the order was made.

Removal

of stay

(3) If

the Director has applied under subsection (2) and the Divisional Court is

satisfied that the circumstances have changed, the Court shall remove the stay

unless it is satisfied that continuing the stay will not cause harm or a risk

of harm to the health, safety or welfare of a child.

(4) The

Act is amended by adding the following sections:

Police

record checks

22.1 The

Lieutenant Governor in Council may, by regulation, require prescribed persons

to provide a police record check concerning the person to any other person or

body in accordance with the regulations.

Declarations

and notices

22.2 The

Lieutenant Governor in Council may, by regulation, require prescribed persons

to provide to any person or body, in accordance with the regulations,

declarations and notices that,

(

a) relate

to the person’s criminal convictions, charges and offences, including offences

where there are outstanding warrants; and

(

b) include

the prescribed information.

(5) Clauses

24 (e.1) and (h.3) of the Act are repealed.

(6) Section

24 of the Act is amended by adding the following clauses:

(

p) respecting

police record checks for the purposes of this Act, including,

(

i) defining

“police record check”,

(ii) requiring

different classes of persons to provide different types of checks or different

types of information as part of a check,

(iii) prescribing

procedures and practices to be followed when a police record check is required,

and

(iv) requiring

police record checks to be obtained from jurisdictions outside Ontario in

specified circumstances;

(

q) respecting

declarations and notices for the purposes of

section 22.2, including,

(

i) requiring

different classes of persons to provide declarations and notices that include

different types of information,

(ii) prescribing

the procedures and practices to be followed when a declaration or notice is

required, and

(iii) requiring

persons who are required to provide declarations or notices to provide other

information and prescribing that information.

Social

Work and Social Service Work Act, 1998

(1) Subsection 50 (1) of the Social Work and

Social Service Work Act, 1998 is amended by striking out “his or her”

wherever it appears and substituting in each case “their”.

(2) Subsection

50 (1) of the Act is amended by striking out “or” at the end of clause (

d) and

by adding the following clauses:

(

f) to

a body that governs a profession inside or outside of Ontario;

(

g) to

confirm whether the College is investigating a member, if there is a compelling

public interest reason to make such a confirmation;

(

h) if

there are reasonable grounds to believe that the disclosure is necessary for

the purposes of eliminating or reducing a significant risk of serious harm to a

person or group of persons; or

(

i) as

otherwise required by law.

(3) Section

50 of the Act is amended by adding the following subsection:

Confirmation

of investigation

(7) Information

disclosed under clause (1) (

g) shall be limited to the fact that an

investigation is or is not underway and shall not include any other information.

Commencement

and

Short Title

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on the day it receives Royal Assent.

(2) Sections

2, 3, 5, 26 and 37 come into force on the later of July 1, 2024 and the day

this Act receives Royal Assent.

(3) Sections

1, 6 to 25, 27 to 29, 31 to 33 and 35 and subsections 36 (2) and (3) come into

force on a day to be named by proclamation of the Lieutenant Governor.

Short

title

39 The

short title of

this Act is the Supporting Children’s Futures Act, 2024 .

Bill 188 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Child, Youth and Family Services Act, 2017

and makes various related amendments to several other Acts. Here are some

highlights of the amendments to the Child, Youth and

Family Services Act, 2017 :

Part

II of the Act is amended with respect to offences and the rights of children in

care with respect to the Ombudsman.

Part

V of the Act is amended to provide an exception to the prohibition against

publishing certain information.

3. Various

amendments are made to

Part IX of the Act, including,

i. new

subsections 250 (1) to (1.3) which provide for reporting certain matters to a

Director,

ii. new

section 261.1 which provides that the Minister may determine that a licence

should not be issued if the Minister believes that issuing the licence would be

contrary to the public interest having regard to certain matters,

iii. new

sections 262.1 and 262.2 and amendments to

section 263 which relate to

proposals by the Director to refuse to issue or revoke or refuse to renew a

licence and amendments to sections 264 respecting suspension of licences,

iv. amendments

to sections 265 and 266 and adding new

section 267.1 respecting hearings by the

Tribunal and appeals to Divisional Court,

v. new

sections 279.1 to 279.7 which set out rules with respect to actions taken by

inspectors, compliance orders, restraining orders, orders requiring management,

orders to return funds or pay certain amounts and production orders with

respect to licensees,

vi. new

section 279.8 provides for the issuing of administrative penalties by an

inspector or a Director, and

vii. new

sections 279.9 and 279.12 provide for the review and enforcement of certain

orders in certain circumstances.

Part

X is amended to add new sections 291.1 and 292.1 which provide for restrictions

to the use and disclosure of certain personal information in certain

circumstances.

Part

X.1 is added to the Act. This Part provides certain rules with respect to

investigations.

6. Various

amendments are made to

Part XII with respect to regulation-making powers.

Bill 188 2024

Act to amend the Child, Youth and Family Services Act, 2017 and various other

Acts

Preamble

The

Government of Ontario:

Supports

the principle that all children and youth in Ontario deserve safety, stability,

quality care and supports to help them to succeed and thrive.

Recognizes

the importance of quality in service delivery for children in care.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

The Child, Youth and Family Services Act, 2017 is

amended by adding the following section:

Offences

Offences

7.1

(1) A person

is guilty of an offence if the person contravenes,

(

a) section

4 (corporal punishment prohibited);

(

b) section

5 (detention restricted);

(

c) section

6 (physical restraint restricted);

(

d) section

7 (mechanical restraints restricted).

Penalty

(2) A

person convicted of an offence under subsection (1) is liable to,

(

a) a

fine of not more than $250,000 or imprisonment for a term of not more than one

year or both, in the case of an individual; or

(

b) a

fine of not more than $250,000 if the person is not an individual.

Limitation

(3) A

proceeding in respect of an offence under subsection (1) shall not be commenced

more than two years after the day on which evidence of the offence first came

to the knowledge of the Director, program supervisor or inspector.

Directors,

officers, employees

(4) If

a corporation commits an offence under this section, a director, officer or

employee of the corporation who authorized, permitted or concurred in the

commission of the offence is also guilty of the offence.

Prosecution

of individuals

(5) If

an act or omission of an individual employed or otherwise engaged by a service

provider to provide services under this Act would be an offence under

subsection (1) if the act was committed or the omission was made by the service

provider, the individual is guilty of the offence, whether or not the service

provider has been prosecuted or convicted.

The Act is amended by adding the following section:

Rights re Ombudsman

9.1 A child in care has a

right to be informed in language suitable to their understanding, of the

information described in subsection 14.0.1 (1) of the Ombudsman

Act .

The Act is amended by adding the following section:

Information

re Ombudsman

15.1 A children’s aid

society or residential licensee, as the case may be, shall provide the

information described in subsection 14.0.1 (1) of the Ombudsman

Act to a child or young person at the following times:

1. When

the children’s aid society or residential licensee begins to provide a service

to the child or young person.

2. When

the child or young person makes a complaint under clause 18 (1) (

a) or (

b) and

when requesting a further review of the complaint under subsection 19 (1) once

the review by the children’s aid society or residential licensee is completed.

3. At

any other times as is considered necessary, in the opinion of the children’s

aid society or residential licensee, to ensure that the child or young person

understands the information set out in subsection (1).

4. At

such other prescribed times.

Section 87 of the Act is amended by adding the following subsection:

Exception

(8.1) Despite

subsection (8), a prescribed person may publish or make public the information

described in that subsection in the prescribed circumstances and subject to any

prescribed restrictions or limitations.

Clause 125 (6) (

b) of the Act is amended by adding “early childhood educator”

after “a teacher”.

Section 237 of the Act is amended by striking out “266 and 267” and

substituting “266, 267 and 267.1”.

Section 243 of the Act is amended by adding the following definition:

“designated

senior employee” means a person employed in the Ministry as a deputy minister,

associate deputy minister, assistant deputy minister or a person designated by

the deputy minister, or in a prescribed position; (“titulaire d’un poste

supérieur désigné”)

(1) Subsection 250 (1) of the Act is repealed and the following

substituted:

Report

certain matters to a Director

(1) A

person described in subsection (1.2) shall immediately report their suspicion

and the information on which it is based to a Director every time the person

has reasonable grounds to suspect that,

(

a) there

is an immediate threat to the health, safety or welfare of a child while the

child is at a children’s residence or other place where residential care is

provided under the authority of a licence; or

(

b) there

is an immediate threat to the health, safety or welfare of a child that is

caused by a licensee, a person employed or otherwise engaged by the licensee to

provide residential care to a child, including a foster parent, or by another

resident of the children’s residence or other place where residential care is

provided under the authority of a licence.

Same

(1.1) Subsection

(1) applies even if the person has made previous reports pursuant to that

subsection with respect to the same child.

Persons

required to report

(1.2) The

following persons shall report to the Director under subsection (1):

1. The

licensee, or if the licensee is a corporation, an officer or director of the

corporation.

2. A

person employed or otherwise engaged by the licensee to provide residential

care to a child, including a foster parent.

3. A

society, including a child protection worker or person designated by the

society to provide services to the child.

4. The

child’s probation officer, if any.

5. Any

prescribed person.

Persons

exempt

(1.3) The

following persons are exempt from the reporting requirement set out under

subsection (1):

1. A

person with whom a child has been placed for adoption under

Part VIII (Adoption

and Adoption Licensing).

2. A

volunteer providing services in a children’s residence or another place where

residential care is provided under the authority of a licence.

(2) Subsection

250 (4) of the Act is amended by striking out “section 125” at the end and

substituting “section 125, which shall be discharged prior to reporting

information to a Director under subsection (1)”.

(3) Section

250 of the Act is amended by adding the following subsections:

Person

must report directly

(5) A

person described in subsection (1.2) who has a duty to make a report under subsection

(1) shall make the report directly to a Director and shall not rely on any

other person to report on their behalf.

Section

overrides privilege, protection from liability

(6) Subject

to subsection (3), this

section applies although the information reported may

be confidential or privileged, and no action for making the report shall be

instituted against a person who acts in accordance with this

section unless the

person acts maliciously or without reasonable grounds for the suspicion.

Conflict

(7) This

section prevails despite anything in the Personal Health

Information Protection Act, 2004 , Freedom of

Information and Protection of Privacy Act and

Part X of this Act.

Subsection 253 (1) of the Act is amended by adding the following paragraph:

11.1 A

summary of each of the following:

i. A

written notification issued under

section 279.1.

ii. A

compliance order made under

section 279.2.

iii. A

restraining order made under

section 279.3.

iv. An

order requiring management under

section 279.4.

v. A

Director’s order made under

section 279.5.

vi. A

notice of administrative penalty issued under

section 279.8.

vii. A

designated senior employee’s decision under

section 279.10.

(1) Clause 254 (1) (

a) of the Act is amended by adding “completed by

the applicant or licensee” after “an application” at the beginning.

(2) Subsection

254 (1) of the Act is amended by adding the following clauses:

(b.1) documentation

of,

(

i) the

services that are or will be provided for children by the children’s residence

or other place where residential care is or will be provided under the

authority of a licence, and

(ii) a

description of how such services can or will be accessed by children and how

they are appropriate for children;

(b.2) documentation

of consultation with service providers that will or do provide services to

children placed in the children’s residence or other place where residential

care is or will be provided under the authority of a licence.

(3) Subsection

254 (3) of the Act is amended by striking out “or” at the end of clause (a), by

adding “or” at the end of clause (

b) and by adding the following clause:

(

c) the

Minister has determined that a licence should not be issued pursuant to

section

261.1.

(1) Subsections 255 (3) and (4) of the Act are repealed and the

following substituted:

Service

of notice

(3) Notice

of the imposition or amendment of conditions shall be served on the licensee.

Contents

of notice

(4) The

notice shall,

(

a) set

out the reasons for imposing or amending the conditions and any other

prescribed information with respect to those conditions; and

(

b) state

that the licensee is entitled to a hearing by the Tribunal if they request one

in accordance with subsection 265 (2) and set out an explanation of how to

request a hearing, including the deadline for doing so.

(2) Section

255 of the Act is amended by adding the following subsections:

Notice

to placing agency or other person

(7) An

inspector or the Director may provide to every placing agency or person who has

a child placed in the children’s residence or other place where residential

care is provided under the authority of a licence notice that,

(

a) a

condition has been imposed under subsection (1) or amended under subsection

(2); and

(

b) the

licensee or other person who is the subject of the condition has complied with

that condition.

Notice

to representative of a First Nations, Inuit or Métis community

(8) In

the case of a First Nations, Inuk or Métis child, a notice of anything referred

to in subsection (7) may be provided to the representative chosen by each of

the child’s bands or First Nations, Inuit or Métis communities.

Information

upon request

(9) For

the purposes of assisting the Director or inspector in providing notice under

subsection (7) or (8), the licensee shall, upon request, provide the Director

or inspector with,

(

a) the

name of any placing agency or person who has a child placed in the children’s

residence or other place where residential care is provided under the authority

of a licence; and

(

b) in

the case of a First Nations, Inuk or Métis child, with the name of the

representative chosen by each of the child’s bands or First Nations, Inuit or

Métis communities.

personal information

(10) The

notice provided under subsection (7) or (8) shall contain no personal

information.

(1) Clause 261 (

a) of the Act is repealed and the following

substituted:

(

a) the

applicant or a person the applicant has employed or otherwise engaged to

provide residential care or to supervise those providing residential care is

not competent to operate a children’s residence or to provide residential care,

(

i) in

a responsible manner in accordance with this Act, the regulations or any other

applicable law, or

(ii) with

honesty and integrity;

(2) Subclause

261 (

b) of the Act is amended by adding “or will not be carried on with honesty

and integrity” at the end.

The Act is amended by adding the following section:

Licences,

public interest

261.1

(1) The

Minister may determine that a licence should not be issued if the Minister

believes that issuing the licence would be contrary to the public interest,

having regard to,

(

a) the

number of licensed residential placements available in the area where the

applicant proposes to provide residential care and the maximum number of

children for whom residential care may be provided in those placements;

(

b) the

number of licensed residential placements available in Ontario and the maximum

number of children for whom residential care may be provided in those

residential placements;

(

c) the

other services, as defined in subsection 2 (1), available in the geographic

area where the applicant proposes to provide residential care and any other

area in Ontario;

(

d) the

other residential placement options available in the geographic area where the

applicant proposes to provide residential care and any other area, where that

information is available to the Minister;

(

e) any

other matters that may be prescribed; or

(

f) any

other matters that the Minister considers to be relevant.

Determination

at Minister’s discretion

(2) The

Minister’s determination made under subsection (1) is within the sole

discretion of the Minister and is not subject to appeal to the Tribunal.

(1) Clause 262 (

a) of the Act is amended by striking out “the

licensee or an employee of the licensee, or where the licensee is a

corporation, an officer or director of the corporation” at the beginning and

substituting “the licensee or a person the licensee has employed or otherwise

engaged to provide residential care or to supervise those providing residential

care”.

(2) Clause

262 (

b) of the Act is amended by striking out “or” at the end of subclause (i),

by adding “or” at the end of subclause (ii) and by adding the following

subclause:

(iii) that

the children’s residence or other place where residential care is provided is

not being or will not be operated with honesty or integrity;

(3) Clause

262 (

f) of the Act is repealed and the following substituted:

(

f) a

change has occurred in the persons the licensee has employed or otherwise

engaged to provide residential care or to supervise those providing residential

care that would, if the licensee were applying for the licence in the first

instance, afford grounds under clause 261 (

b) for refusing to issue the

licence;

(f.1) where

the licensee is a corporation, a change has occurred in the officers or

directors of the licensee that would, if the licensee were applying for the

licence in the first instance, afford grounds under clause 261 (

b) for refusing

to issue the licence;

(4) Section

262 of the Act is amended by adding “or” to the end of clause (

g) and by adding

the following clause:

(

h) the

licensee has failed to pay a penalty imposed by a notice of administrative

penalty issued under

section 279.8.

The Act is amended by adding the following sections:

Interpretation

262.1 For the purposes of

clauses 261 (

a) and (

e) and 262 (a), a reference to an applicant or a licensee

includes a reference to an officer or director if the applicant or licensee is

a corporation.

application

262.2 An applicant or

licensee to whom a notice is issued under

section 263 may not submit a new

application for a licence,

(

a) until

the period to request a hearing by the Tribunal under clause 265 (2) (

b) has

expired; or

(

b) where

the applicant or licensee has requested a hearing respecting the notice, until

the Tribunal has made an order under subsection 265 (5) and until all other

appeals, including any appeal commenced under

section 267, have been disposed

of.

(1) Subsection 263 (1) of the Act is amended by striking out the

portion before clause (

a) and substituting the following:

Notice

of proposal

(1) The

Director shall serve notice on the applicant or licensee, as the case may be,

if the Director proposes to,

. . . .

(2) Subsection

263 (2) of the Act is repealed and the following substituted:

Contents

and service of notice

(2) The

notice shall,

(

a) set

out the reasons for the proposed action and any other prescribed information;

and

(

b) state

that the applicant or licensee is entitled to a hearing by the Tribunal if they

request one in accordance with subsection 265 (2) and set out an explanation of

how to request a hearing, including the deadline for doing so.

Filing

with court

(3) Subject

to subsection (4), a certified copy of a notice issued under subsection (1) may

be filed with a local registrar of the Superior Court of Justice and, on

filing, is deemed to be an enforceable order of that court.

Same

(4) The certified copy of the notice shall not be filed until the

time for requesting a hearing set out in subsection 265 (2) has expired, or if

the applicant or licensee has requested a hearing by the Tribunal, until the

request has been withdrawn .

Subsections 264 (2) to (5) of the Act are repealed and the following

substituted:

Service

of notice

(2) Notice

of the suspension shall be served on the licensee.

Contents

of notice

(3) The

notice shall,

(

a) set

out the reasons for the suspension of the licence and any other prescribed

information; and

(

b) state

that the licensee is entitled to a hearing by the Tribunal if they request one

in accordance with subsection 265 (2) and set out an explanation of how to

request a hearing, including the deadline for doing so.

Filing

with court

(4) Subject

to subsection (5), a certified copy of a notice issued under subsection (2) may

be filed with a local registrar of the Superior Court of Justice and, on

filing, is deemed to be an enforceable order of that court.

Same

(5) The certified copy of the notice shall not be filed until the

time for requesting a hearing set out in subsection 265 (2) has expired, or if

the applicant or licensee has requested a hearing by the Tribunal, until the

request has been withdrawn .

Effect

of suspension

(6) A

suspension takes effect immediately upon the licensee’s receipt of the notice,

after which time the licensee shall, having regard to the child’s best

interests, cease to provide residential care immediately.

Suspension

is not stayed

(7) A

suspension is not stayed by a request for a hearing by the Tribunal.

Posting

of

summary of notice

(8) A

Director may post a

summary of a notice of suspension,

(

a) in

the case of a children’s residence, at the residence; or

(

b) in

the case of any other place where residential care is provided under the

authority of a licence, at the business premises of the licensee or at any

other prescribed premises.

personal information

(9) The

summary of the notice referred to in subsection (8) shall contain no personal

information.

Removal

of

summary prohibited

(10) No

person, other than a Director, shall remove a

summary of a notice unless the

person is authorized to do so by a Director or in the prescribed circumstances.

application

(11) No

person whose licence is suspended may apply to a Director for a licence during

the suspension.

(1) Subsection 265 (1) of the Act is amended by striking out the

portion before paragraph 1 and substituting the following:

Hearings

by Tribunal

(1) An

applicant or licensee may request a hearing by the Tribunal in accordance with

subsection (2) if they receive any of the following:

. . . .

(2) Subsection

265 (1) of the Act is amended by adding the following paragraph:

5. An

order requiring management under

section 279.4.

(3) Subsection

265 (2) of the Act is amended by striking out “notice” in the portion before

clause (

a) and substituting “notice or order”.

(4) Clause

265 (2) (

a) of the Act is amended by striking out “given the notice” at the end

and substituting “served with the notice”.

(5) Clause

265 (2) (

b) of the Act is amended by striking out “given the notice” at the end

and substituting “served with the notice”.

(6) Subsection

265 (2) of the Act is amended by adding the following clause:

(

c) in

the case of an order requiring management under

section 279.4, within 10 days

after the person is served with the order.

(7) Section

265 of the Act is amended by adding the following subsection:

Content

of request

(2.1) No

later than 20 days after the notice or the order has been served, the applicant

or licensee must provide the Director, as part of their request for a hearing,

with the following:

1. The

portions of the notice or order in respect of which the hearing is requested.

2. The

reasons for requesting a hearing.

3. Where

applicable, any measures that the licensee has put in place to protect the

health and safety of children receiving residential care.

4. Any

provisions of the Act or regulations that the applicant or licensee thinks are

relevant to their request.

5. An

address for service to the applicant or licensee.

6. An

email address for the applicant or licensee, if available.

(8) Clause

265 (5) (

a) of the Act is amended by striking out “or” at the end of subclause

(i), by adding “or” at the end of subclause (ii) and by adding the following

subclause:

(iii) substitute

its opinion for that of the Director with respect to the reasons for the

refusal or revocation;

(9) Clause

265 (5) (

c) of the Act is repealed and the following substituted:

(

c) in

the case of a suspension of a licence or an order requiring management under

section 279.4,

(

i) rescind

or confirm the suspension or order, or

(ii) substitute

its opinion for that of the Director with respect to the reasons for the

suspension or order.

(10) Subsection

265 (6) of the Act is repealed.

Subsection 266 (8) of the Act is repealed and the following substituted:

Final

decision by Tribunal

(8) The

Tribunal shall use its best efforts to make a final decision in a timely

fashion.

The Act is amended by adding the following section:

automatic stay on appeal to court

267.1

(1) An

appeal to the Divisional Court does not stay the decision unless the Divisional

Court orders otherwise upon being satisfied that a stay will not cause harm or

a risk of harm to the health, safety or welfare of a child.

Application

to remove stay — new circumstances

(2) The

Director may apply for the removal of a stay ordered by the Divisional Court

under subsection (1) on the grounds that the circumstances have changed since

the order was made.

Removal

of stay

(3) If

the Director has applied under subsection (2) and the Divisional Court is

satisfied that the circumstances have changed, the Court shall remove the stay

unless it is satisfied that continuing the stay will not cause harm or a risk

of harm to the health, safety or welfare of a child.

(1) Clauses 270 (

a) and (

b) of the Act are repealed and the

following substituted:

(

a) the

licensee shall, within 24 hours of the revocation, refusal or cessation, or

immediately in the case of a suspension, notify in writing every placing agency

or person who has a child placed in the children’s residence or other place

where residential care is provided;

(

b) the

placing agency or person who placed a child shall, having regard to the child’s

best interests, arrange for the child’s removal from the residence or other

place as soon as is practicable, or immediately in the case of a suspension,

and the Minister may assist in finding an alternative placement for the child;

and

(

c) in

the case of a First Nations, Inuk or Métis child, the licensee shall, within 24

hours of the revocation, refusal or cessation, or immediately in the case of a

suspension, notify in writing the representative chosen by each of the child’s

bands or First Nations, Inuit or Métis communities of the revocation,

suspension, refusal or cessation.

(2) Section

270 of the Act is amended by adding the following subsection:

Notice

to Director

(2) As

soon as practicable after giving notice under clause (1) (a), the licensee

shall inform the Director that such notice has been provided.

Section 279 of the Act is repealed and the following substituted:

Copy

constitutes evidence

(1) In

any proceeding, other than a prosecution, a copy of an order, notice, decision

or inspection report made under this Act or the regulations that appears to be

signed by an inspector or a Director is admissible as evidence of the order, notice,

decision or inspection report and of the facts appearing in the document

without further proof.

Same

(2) In

any proceeding, other than a prosecution, a copy of a record or thing made

under clause 276 (1) (

d) that appears to be certified as a true copy of the

original by an inspector is admissible as evidence of the record or thing and

of the facts appearing in it without further proof.

Same,

prosecution

(3) In

any prosecution, a copy of an order, notice, decision or inspection report made

under this Act or the regulations that appears to be signed by an inspector or

a Director is admissible as evidence, in the absence of evidence to the contrary,

of the order, notice, decision or inspection report and of the facts appearing

in the document without further proof.

Same

(4) In

any prosecution, a copy of a record or thing made under clause 276 (1) (

d) that

appears to be certified as a true copy of the original by an inspector is

admissible as evidence, in the absence of evidence to the contrary, of the

record or thing and of the facts appearing in it without further proof.

The Act is amended by adding the following sections:

Enforcement

Actions

by inspector in case of non-compliance

279.1

(1) If an

inspector finds that a licensee has not complied with a requirement under this

Act, with a directive issued under

section 252 or with a condition of their

licence, the inspector shall take one or more of the following actions:

1. Issue

a written notification of non-compliance to the licensee.

2. Issue

a written notification to the licensee and refer the matter to the Director for

further action.

3. Make

a compliance order under

section 279.2.

4. Issue

a notice of administrative penalty under

section 279.8.

Non-compliance

remedied

(2) Despite

subsection (1), if the licensee has remedied the non-compliance and the

inspector is satisfied that the non-compliance caused no harm and created no

risk or minimal risk of harm to a child, the inspector is not required to take

an action under subsection (1) but shall document their findings as well as the

remedy in the inspection report required under

section 278.

Compliance

orders

279.2

(1) If an

inspector or a Director believes on reasonable grounds that a licensee or a

person providing residential care on behalf of the licensee has contravened or

failed to comply with a requirement under this Act, with a condition of the licence

or with a directive issued under

section 252, the inspector or Director may

order them to,

(

a) do

anything or refrain from doing anything to achieve compliance;

(

b) prepare,

submit and implement a written plan that is acceptable to the inspector or

Director for achieving compliance; or

(

c) arrange

for a person specified in the order to complete specified educational courses

or training.

Term

(2) In

making an order under subsection (1), the inspector or Director may specify

dates by which the licensee or person providing residential care on behalf of

the licensee is required to comply with the order.

Amendment

or revocation of order

(3) An

order made under subsection (1) may be amended or revoked and the licensee and

the person to whom the order is directed, where that person is not the

licensee, shall be given written notice of the amendment or revocation.

appeal from compliance orders

(4) Orders

made under subsection (1) or amended under subsection (3) by an inspector or a

Director are within the sole discretion of the inspector or Director and are

not subject to an appeal to the Tribunal.

Filing

with court

(5) A

certified copy of an order made subsection (1) or amended under subsection

(3) may be filed with a local registrar of the Superior Court of Justice and, on

filing, is deemed to be an enforceable order of that court.

Notice

to placing agency or other person

(6) An

inspector or the Director may provide to every placing agency or person who has

a child placed in the children’s residence or other place where residential

care is provided under the authority of a licence notice that,

(

a) an

order has been made under subsection (1) or amended or revoked under subsection

(3); and

(

b) the

licensee or other person who is the subject of the order has complied with it.

Notice

to representative of a First Nations, Inuit or Métis community

(7) In

the case of a First Nations, Inuk or Métis child, a notice of anything referred

to in subsection (6) may be provided to the representative chosen by each of

the child’s bands or First Nations, Inuit or Métis communities.

Information

upon request

(8) For

the purposes of assisting the Director or inspector in providing notice under

subsection (6) or (7), the licensee shall, upon request, provide the Director

or inspector with,

(

a) the

name of any placing agency or person who has a child placed in the children’s

residence or other place where residential care is provided under the authority

of a licence; and

(

b) in

the case of a First Nations, Inuk or Métis child, with the name of the

representative chosen by each of the child’s bands or First Nations, Inuit or

Métis communities.

personal information

(9) The

notice provided under subsection (6) or (7) shall contain no personal

information.

Restraining

orders

279.3

(1) If a

Director believes on reasonable grounds that the residential care a licensee or

any person who is employed or otherwise engaged by the licensee provides under

the authority of a licence issued under this Part poses an imminent threat to

the health, safety or welfare of any children receiving such care, the Director

may apply to the Superior Court of Justice for an order to restrain the

licensee or person from providing residential care under the authority of any

licence issued under this Part.

Interim

order

(2) In

a proceeding commenced under subsection (1), a judge may, on application of the

Director, grant an interim order described in that subsection if the judge

believes, based on the evidence before them, that it is in the public interest

to do so.

Same

(3) A

judge may grant an interim order even if the Director has not established that

irreparable harm will be done if the order is not issued.

Same

(4) A

judge shall not require the Director to post a bond or give an undertaking as

to damages when granting an interim order.

Variations

or discharge

(5) Any

person subject to an order may apply to the Superior Court of Justice for an

order to vary or discharge an order made under subsection (1).

Order

requiring management

279.4

(1) A

Director may order a licensee to retain, at the licensee’s expense, one or more

persons acceptable to the Director to manage or assist in managing,

(

a) the

entire operation of the children’s residence or other place where residential

care is provided under the authority of a licence; or

(

b) a

specific issue related to the operation of the children’s residence or other

place where residential care is provided under the authority of a licence.

Contents

of order

(2) The

Director may, in an order made under subsection (1), set out the time within

which the licensee shall retain one or more persons acceptable to the Director,

the time within which the person or persons must begin to perform their duties

pursuant to clause (1) (

a) or (

b) and any other prescribed information.

Grounds

(3) An

order may be made under subsection (1) if,

(

a) there

are reasonable grounds to believe that the licensee has not complied with a

requirement under this Act, with a condition of their licence or with a

directive issued under

section 252;

(

b) there

are reasonable grounds to believe that the licensee cannot or will not properly

manage the children’s residence or other place where residential care is

provided under the authority of a licence, or that they cannot do so without

assistance;

(

c) there

are circumstances present in the residence or other place where residential

care is provided under the authority of a licence that are prejudicial to the

child’s health, safety or welfare; or

(

d) there

is an emergency situation in the residence or other place, or a situation

comparable to an emergency, including an outbreak of disease of public health

significance, a communicable disease as defined in the Health

Protection and Promotion Act or a pandemic.

Director’s

authority to collect information

(4) The

Director may collect information on the qualifications, including any

prescribed qualifications, of a person to be retained under subsection (1) for

the purposes of supporting the Director’s assessment of whether that person is

qualified to carry out the duties set out in clause (1) (

a) or (b).

Order

takes effect upon service

(5) An

order made under subsection (1) takes effect immediately upon being served on

the licensee and is not stayed by a request for a hearing by the Tribunal.

Filing

with court

(6) Subject

to subsection (7), a certified copy of an order issued under subsection (1) may

be filed with a local registrar of the Superior Court of Justice and, on

filing, is deemed to be an enforceable order of that court.

Same

(7) The certified copy of the notice shall not be filed until the

time for requesting a hearing set out in subsection 265 (2) has expired, or if

the applicant or licensee has requested a hearing by the Tribunal, until the

request has been withdrawn .

Notice

to placing agency or other person

(8) A

Director may provide notice of the order to every placing agency or person who

has a child placed in the children’s residence or other place where residential

care is provided under the authority of a licence.

Notice

to representative of a First Nations, Inuit or Métis community

(9) In

the case of a First Nations, Inuk or Métis child, the notice described in

subsection (8) may be provided to the representative chosen by each of the

child’s bands or First Nations, Inuit or Métis communities.

Information

upon request

(10) For

the purposes of assisting the Director in providing notice under subsection

(8) or (9), the licensee shall, upon request, provide the Director or inspector

with,

(

a) the

name of any placing agency or person who has a child placed in the children’s

residence or other place where residential care is provided under the authority

of a licence; and

(

b) in

the case of a First Nations, Inuk or Métis child, with the name of the

representative chosen by each of the child’s bands or First Nations, Inuit or

Métis communities.

personal information

(11) The

notice provided under subsection (8) or (9) shall contain no personal

information.

Order

to return funds or pay

279.5

(1) A

Director may order that a licensee return or pay to a person or entity a

specified amount of money that was provided to or collected by the licensee for

the provision of residential care under the authority of a licence.

Contents

of order

(2) An

order made under subsection (1) shall set out the amount of the money to be

paid or returned and the time and manner of the payment or return.

Grounds

(3) An

order may be made under subsection (1) if the Director has determined that,

(

a) the

licensee has misused or failed to use all or part of the funding provided to

them in accordance with the terms of an agreement for the provision of

residential care to a child entered into with a person or entity ; or

(

b) the

licensee has misused or failed to use funding provided to them by a person or

entity for the provision of residential care under the authority of a licence

in any of the prescribed circumstances.

Determination

of amount

(4) In

determining the amount of money to be returned or paid, the Director shall take

into account the following principles:

1. The

amount of money returned or paid should be sufficient to encourage compliance

with the terms of any agreement in place respecting funding to be provided to

the licensee for the provision of residential care.

2. The

amount of money returned or paid shall be reasonably proportionate to the

amount of funding that the licensee misused or failed to use for the provision

of residential care to a child.

3. Any

other principles that may be prescribed.

Financial

information

(5) For

the purposes of deciding whether to make an order under subsection (1) or

determining the amount to be returned or paid under subsection (4), the

Director may, if the Director believes that a licensee has misused or failed to

use all or part of the funding provided to or collected by the licensee for the

provision of residential care from a person or entity, require the person or

entity to provide,

(

a) documentation

of all funding provided to the licensee for the provision of residential care

in respect of children placed with the licensee;

(

b) a

copy of any agreements entered into with the licensee for the provision of

residential care, including details of the financial arrangements with respect

to the licensee’s provision of residential care to the children; and

(

c) any

other prescribed information.

Interpretation

(6) For

the purposes of subsections (1), (3) and (5), a person or entity means a person

or entity that provides a service funded under this Act and that has placed a

child in residential care or in foster care, and includes a society.

Copy

of order

(7) When

an order is made under subsection (1), the Director shall ensure that the

person or entity to whom the money is being paid or returned receives a copy of

the order.

Notice

to placing agency or other person

(8) A

Director may provide notice of the order to every placing agency or person who

has a child placed in the children’s residence or other place where residential

care is provided under the authority of a licence.

Notice

to representative of a First Nations, Inuit or Métis community

(9) In

the case of a First Nations, Inuk or Métis child, the notice described in

subsection (8) may be provided to the representative chosen by each of the

child’s bands or First Nations, Inuit or Métis communities.

Information

upon request

(10) For

the purposes of assisting the Director in providing notice under subsection

(8) or (9), the licensee shall, upon request, provide the Director or inspector

with,

(

a) the

name of any placing agency or person who has a child placed in the children’s

residence or other place where residential care is provided under the authority

of a licence; and

(

b) in

the case of a First Nations, Inuk or Métis child, with the name of the

representative chosen by each of the child’s bands or First Nations, Inuit or

Métis communities.

personal information

(11) The

notice provided under subsection (8) or (9) shall contain no personal

information.

Production

order

279.6

(1) On

application without notice by a provincial offences officer, a justice may at

any time issue a production order to a person, other than a person under

investigation for an offence, requiring the person to,

(

a) produce

documents or data, or copies of documents or data certified by affidavit to be

true copies; or

(

c) prepare

a document based on documents or data already in existence and produce it.

Contents

of order

(2) A

production order must stipulate when, where and how the documents or data are

to be produced, and to whom they are to be produced.

Grounds

(3) A

justice may make a production order if satisfied by information given under

oath or affirmation that there are reasonable grounds to believe that,

(

a) an

offence under this Act has been or is being committed;

(

b) the

document or data will provide evidence respecting the offence or suspected

offence; and

(

c) the

person who is subject to the order has possession or control of the document or

data.

Conditions

(4) A

production order may contain any conditions the justice considers advisable.

Evidence

(5) A

copy of a document or data produced under this section, on proof by affidavit

that it is a true copy, is admissible in evidence in proceedings under this Act

and has the same probative force as the original document or data would have if

it had been proved in the ordinary way.

return of copies

(6) Copies

of documents or data produced under this

section are not required to be

returned to the person who provided them.

Interpretation

(7) In

this section, “justice” means a provincial judge or a justice of the peace.

Form and service of orders

279.7 An order under

section

279.2, 279.4 or 279.5 shall,

(

a) be

in writing;

(

b) set

out the reasons for the order and any other prescribed information;

(

c) set

out, if there is a right of review under subsection 279.9 (1), a statement of

that right and