2 (1) In this Act, “agency” means a corporation; (“agence”) “band” has the same meaning as in the Indian Act (Canada); (“bande”) “Board” means the Child and Family Services Review Board continued under section 333; (“Commission”) “child” means a person younger than 18; (“enfant”) “child in care” means a child or young person who is receiving residential care from a service provider and includes, (a) a child who is in the care of a foster parent, and (b) a young person who is, (i) detained in a place of temporary detention under the Youth Criminal Justice Act (Canada), (ii) committed to a place of secure or open custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or (iii) held in a place of open custody under section 150 of this Act; (“enfant recevant des soins”, “enfant qui reçoit des soins”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (1) of the Act is amended by adding the following definition: (See: 2022, c. 2, Sched. 3, s. 1) “circle of supportive persons” means a group of individuals and entities that aims to support and improve the well-being of a First Nations, Inuk or Métis child; (“cercle de personnes de soutien”) “court” means the Ontario Court of Justice or the Family Court of the Superior Court of Justice; (“tribunal”) “creed” includes religion; (“croyance”) “customary care” means the care and supervision of a First Nations, Inuk or Métis child by a person who is not the child’s parent, according to the custom of the child’s band or First Nations, Inuit or Métis community; (“soins conformes aux traditions”) “Director” means a Director appointed under subsection 53 (1); (“directeur”) “extended family” means persons to whom a child is related, including through a spousal relationship or adoption and, in the case of a First Nations, Inuk or Métis child, includes any member of, (a) a band of which the child is a member, (b) a band with which the child identifies, (c) a First Nations, Inuit or Métis community of which the child is a member, and (d) a First Nations, Inuit or Métis community with which the child identifies; (“famille élargie”) “First Nations, Inuit or Métis community” means a community listed by the Minister in a regulation made under section 68; (“communauté inuite, métisse ou de Premières Nations”) “foster care” means the provision of residential care to a child, by and in the home of a person who, (a) receives compensation for caring for the child, except under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997, and (b) is not the child’s parent or a person with whom the child has been placed for adoption under Part VIII (Adoption and Adoption Licensing), and “foster home” and “foster parent” have corresponding meanings; (“soins fournis par une famille d’accueil”, “famille d’accueil”, “parent de famille d’accueil”) “licence” means a licence issued under Part VIII (Adoption and Adoption Licensing) or Part IX (Residential Licensing); a reference to a licence in Part VIII is to a licence issued under that Part and a reference to a licence in Part IX is to a licence issued under that Part; (“permis”) “licensee” means the holder of a licence; (“titulaire de permis”) “local director” means a local director appointed under section 38; (“directeur local”) “mechanical restraints” means a device, material or equipment that reduces the ability of a person to move freely, and includes handcuffs, flex cuffs, leg irons, restraining belts, belly chains and linking chains; (“contentions mécaniques”) “Minister” means the Minister of Children and Youth Services or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; (“ministre”) “Ministry” means the ministry of the Minister; (“ministère”) “old Act” means the Child and Family Services Act; (“ancienne loi”) “order” includes a refusal to make an order; (“arrêté, ordre et ordonnance”) “personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”) “physical restraint” means a holding technique to restrict a person’s ability to move freely but, for greater certainty, does not include, (a) restricting movement, physical redirection or physical prompting, if the restriction, redirection or prompting is brief, gentle and part of a behaviour teaching program, or (b) the use of helmets, protective mitts or other equipment to prevent a person from physically injuring or further physically injuring themself; (“contention physique”) “place of open custody” means a place or facility designated as a place of open custody under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise; (“lieu de garde en milieu ouvert”) “place of open temporary detention” means a place of temporary detention in which the Minister has established an open detention program; (“lieu de détention provisoire en milieu ouvert”) “place of secure custody” means a place or facility designated for the secure containment or restraint of young persons under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise; (“lieu de garde en milieu fermé”) “place of secure temporary detention” means a place of temporary detention in which the Minister has established a secure detention program; (“lieu de détention provisoire en milieu fermé”) “place of temporary detention” means a place or facility designated as a place of temporary detention under the Youth Criminal Justice Act (Canada); (“lieu de détention provisoire”) “prescribed” means prescribed by regulations; (“prescrit”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 2 (1) of the Act is amended by adding the following definition: (See: 2022, c. 2, Sched. 3, s. 1) “prevention-focused Indigenous service provider” means an entity designated under subsection 73.1 (1); (“fournisseur, aux Autochtones, de services axés sur la prévention”) “program supervisor” means a program supervisor appointed under subsection 53 (2); (“superviseur de programme”) “provincial director” means, (a) a person, the group or class of persons or the body appointed or designated by the Lieutenant Governor in Council or the Lieutenant Governor in Council’s delegate to perform any of the duties or functions of a provincial director under the Youth Criminal Justice Act (Canada), or (b) a person appointed under clause 146 (1) (a); (“directeur provincial”) “record” means a record of information in any form or in any medium, whether in written, printed, photographic or electronic form or otherwise, but does not include a computer program or other mechanism that can produce a record; (“dossier”) “regulations” means the regulations made under this Act; (“règlements”) “relative” means, with respect to a child, a person who is the child’s grandparent, great-uncle, great-aunt, uncle or aunt, including through a spousal relationship or adoption; (“membre de la parenté”) “residential care” means boarding, lodging and associated supervisory, sheltered or group care provided for a child away from the home of the child’s parent, other than boarding, lodging or associated care for a child who has been placed in the lawful care and custody of a relative or member of the child’s extended family or the child’s community; (“soins en établissement”) “residential placement” means a place where residential care is provided; (“placement en établissement”, “placé dans un établissement”) “service” includes, (a) a service for a child with a developmental or physical disability or the child’s family, (b) a mental health service for a child or the child’s family, (c) a service related to residential care for a child, (d) a service for a child who is or may be in need of protection or the child’s family, (e) a service related to adoption for a child, the child’s family or others, (f) counselling for a child or the child’s family, (g) a service for a child or the child’s family that is in the nature of support or prevention and that is provided in the community, (h) a service or program for or on behalf of a young person for the purposes of the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or (i) a prescribed service; (“service”) “service provider” means, (a) the Minister, (b) a licensee, (c) a person or entity, including a society, that provides a service funded under this Act, or (d) a prescribed person or entity, but does not include a foster parent; (“fournisseur de services”) “society” means an agency designated as a children’s aid society under subsection 34 (1); (“société”) “treatment” has the same meaning as in subsection 2 (1) of the Health Care Consent Act, 1996; (“traitement”) “Tribunal” means the Licence Appeal Tribunal; (‘‘Tribunal”) “young person” means, (a) a person who is or, in the absence of evidence to the contrary, appears to be 12 or older but younger than 18 and who is charged with or found guilty of an offence under the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or (b) if the context requires, any person who is charged under the Youth Criminal Justice Act (Canada) with having committed an offence while they were a young person or who is found guilty of an offence under the Youth Criminal Justice Act (Canada). (“adolescent”) Interpretation, “parent” (2) Unless this Act provides otherwise, a reference in this Act to a parent of a child is deemed to be a reference to, (a) the person who has lawful custody of the child; or (b) if more than one person has lawful custody of the child, all of the persons who have lawful custody of the child, excluding any person who is unavailable or unable to act, as the context requires. Member of child’s or young person’s community (3) For the purposes of this Act, the following persons are members of a child’s or young person’s community: 1. A person who has ethnic, cultural or creedal ties in common with the child or young person or with a parent, sibling or relative of the child or young person. 2. A person who has a beneficial and meaningful relationship with the child or young person or with a parent, sibling or relative of the child or young person. Interpretation, child’s or young person’s bands and First Nations, Inuit or Métis communities (4) In this Act, a reference to a child’s or young person’s bands and First Nations, Inuit or Métis communities includes all of the following: 1. Any band of which the child or young person is a member. 2. Any band with which the child or young person identifies. 3. Any First Nations, Inuit or Métis community of which the child or young person is a member. 4. Any First Nations, Inuit or Métis community with which the child or young person identifies. Section Amendments with date in force (d/m/y) 2022, c. 2, Sched. 3, s. 1 - not in force part II   children’s and Young Persons’ rights Rights of Children and Young Persons Receiving Services