3 (1) In this Act, “agency” means a corporation; (“agence”) “approved agency” means an agency that is approved under subsection 8 (1) of Part I (Flexible Services); (“agence agréée”) “approved service” means a service provided, (a) under subsection 7 (1) of Part I or with the support of a grant or contribution made under subsection 7 (2) of that Part, (b) by an approved agency, or (c) under the authority of a licence; (“service agréé”) “band” has the same meaning as in the Indian Act (Canada); (“bande”) “Board” means the Child and Family Services Review Board continued under Part IX (Licensing); (“Commission”) “child” means a person under the age of eighteen years; (“enfant”) “child development service” means a service for a child with a developmental disability or physical disability, for the family of a child with a developmental disability or physical disability, or for the child and the family; (“service de développement de l’enfant”) Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2008, chapter 21, section 1 by adding the following definition: “child pornography” means, (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, (i) that shows a child engaged in, or depicted as engaged in, explicit sexual activity, or (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ of a child or the anal region of a child, (b) any written material or visual representation that advocates or counsels sexual activity with a child that would be an offence under the Criminal Code (Canada), (c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Code (Canada), or (d) any audio recording that has as its dominant characteristic, the description, presentation or representation, for a sexual purpose, of sexual activity with a child that would be an offence under the Criminal Code (Canada); (“pornographie juvénile”) See: 2008, c. 21, ss. 1, 6. “child treatment service” means a service for a child with a mental or psychiatric disorder, for the family of a child with a mental or psychiatric disorder, or for the child and the family; (“service de traitement de l’enfant”) “child welfare service” means, (a) a residential or non-residential service, including a prevention service, (b) a service provided under Part III (Child Protection), (c) a service provided under Part VII (Adoption), or (d) individual or family counselling; (“service de bien-être de l’enfance”) “community support service” means a support service or prevention service provided in the community for children and their families; (“service communautaire d’appoint”) “court” means the Ontario Court of Justice or the Family Court of the Superior Court of Justice; (“tribunal”) “developmental disability” means a condition of mental impairment present or occurring in a person’s formative years that is associated with limitations in adaptive behaviour; (“déficience intellectuelle”) “Director” means a Director appointed under subsection 5 (1) of Part I (Flexible Services); (“directeur”) “extended family” means persons to whom a child is related, including through a spousal relationship or adoption and, in the case of a child who is an Indian or native person, includes any member of the child’s band or native community; (“famille élargie”) “federal Act” means the Youth Criminal Justice Act (Canada); (“loi fédérale”) “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 VII, and “foster home” and “foster parent” have corresponding meanings; (“soins fournis par une famille d’accueil”, “famille d’accueil”, “père de famille d’accueil”, “mère de famille d’accueil”) “Indian” has the same meaning as in the Indian Act (Canada); (“Indien”) “licence” means a licence issued under Part IX (Licensing), and “licensed” and “licensee” have corresponding meanings; (“permis”, “autorisé en vertu d’un permis”, “titulaire de permis”) “local director” means a local director appointed under section 16 of Part I (Flexible Services); (“directeur local”) “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”) “municipality” does not include a lower-tier municipality that is situated within a regional municipality; (“municipalité”) “native community” means a community designated by the Minister under section 209 of Part X (Indian and Native Child and Family Services); (“communauté autochtone”) “native person” means a person who is a member of a native community but is not a member of a band, and “native child” has a corresponding meaning; (“autochtone”, “enfant autochtone”) “order” includes a refusal to make an order; (“arrêté, ordre et ordonnance”) “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 federal Act 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 federal Act 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 Young Offenders Act (Canada) or under the federal Act; (“lieu de détention provisoire”) “program supervisor” means a program supervisor appointed under subsection 5 (2) of Part I (Flexible Services); (“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 his or her delegate to perform any of the duties or functions of a provincial director under the Young Offenders Act (Canada) or under the federal Act, or (b) a person as appointed under clause 90 (1) (a); (“directeur provincial”) “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 service” 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 community, and “residential care” and “residential placement” have corresponding meanings; (“service en établissement”, “soins en établissement”, “placement en établissement”) “service” means, (a) a child development service, (b) a child treatment service, (c) a child welfare service, (d) a community support service, or (e) a youth justice service; (“service”) “service provider” means, (a) the Minister, (b) an approved agency, (c) a society, (d) a licensee, or (e) a person who provides an approved service or provides a service purchased by the Minister or an approved agency, but does not include a foster parent; (“fournisseur de services”) “society” means an approved agency designated as a children’s aid society under subsection 15 (2) of Part I (Flexible Services); (“société”) “Tribunal” means the Licence Appeal Tribunal; (‘‘Tribunal”) “young person” means a person who is or, in the absence of evidence to the contrary, appears to be 12 years of age or older but less than 18 years old and, if the context requires, includes any person who is charged under the federal Act with having committed an offence while he or she was a young person or who is found guilty of an offence under the federal Act; (“adolescent”) “youth justice service” means a service provided under Part IV (Youth Justice) or under a program established under that Part. (“service de justice pour les adolescents”)  R.S.O. 1990, c. C.11, s. 3 (1); 1999, c. 2, s. 2; 1999, c. 12, Sched. G, s. 16 (1); 2001, c. 13, s. 5 (1-3); 2002, c. 17, Sched. F, Table; 2006, c. 19, Sched. D, s. 2 (1, 2); 2006, c. 5, s. 2 (1, 2); 2009, c. 2, s. 1; 2009, c. 33, Sched. 7, s. 1 (1); 2016, c. 23, s. 38 (2, 3, 18). 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. 2016, c. 23, s. 38 (4). Child’s community (3) For the purposes of this Act, the following persons are members of a child’s community: 1. A person who has ethnic, cultural or religious ties in common with the child or with a parent, sibling or relative of the child. 2. A person who has a beneficial and meaningful relationship with the child or with a parent, sibling or relative of the child.  2006, c. 5, s. 2 (3); 2016, c. 23, s. 38 (17). Section Amendments with date in force (d/m/y) 1999, c. 2, s. 2 (1, 2) - 31/03/2000; 1999, c. 2, s. 2 (3) - 20/12/2011; 1999, c. 12, Sched. G, s. 16 (1) - 01/04/2000 2001, c. 13, s. 5 (1-3) - 30/11/2001 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 5, s. 2 (1-3) - 30/11/2006; 2006, c. 19, Sched. D, s. 2 (1-2) - 22/06/2006 2008, c. 21, s. 1 - not in force 2009, c. 2, s. 1 - 01/04/2009; 2009, c. 33, Sched. 7, s. 1 (1) - 15/12/2009 2016, c. 23, s. 38 (2-4, 17, 18) - 01/01/2017 Consents and Participation in Agreements