jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) The paramount purpose of this Act is to promote the best interests, protection and well-being of children. Other purposes (2) The additional purposes of this Act, so long as they are consistent with the best interests, protection and well-being of children, are to recognize the following: 1. While parents may need help in caring for their children, that help should give support to the autonomy and integrity of the family unit and, wherever possible, be provided on the basis of mutual consent. 2. The least disruptive course of action that is available and is appropriate in a particular case to help a child, including the provision of prevention services, early intervention services and community support services, should be considered. 3. Services to children and young persons should be provided in a manner that, i. respects a child’s or young person’s need for continuity of care and for stable relationships within a family and cultural environment, ii. takes into account physical, emotional, spiritual, mental and developmental needs and differences among children and young persons, iii. takes into account a child’s or young person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity and gender expression, iv. takes into account a child’s or young person’s cultural and linguistic needs, v. provides early assessment, planning and decision-making to achieve permanent plans for children and young persons in accordance with their best interests, and vi. includes the participation of a child or young person, the child’s or young person’s parents and relatives and the members of the child’s or young person’s extended family and community, where appropriate. 4. Services to children and young persons and their families should be provided in a manner that respects regional differences, wherever possible. 5. Services to children and young persons and their families should be provided in a manner that builds on the strengths of the families, wherever possible. 6. First Nations, Inuit and Métis peoples should be entitled to provide, wherever possible, their own child and family services, and all services to First Nations, Inuit and Métis children and young persons and their families should be provided in a manner that recognizes their cultures, heritages, traditions, connection to their communities, and the concept of the extended family. 7. Appropriate sharing of information, including personal information, in order to plan for and provide services is essential for creating successful outcomes for children and families. Interpretation Interpretation
3 Every child and young person receiving services under this Act has the following rights: 1. To express their own views freely and safely about matters that affect them. 2. To be engaged through an honest and respectful dialogue about how and why decisions affecting them are made and to have their views given due weight, in accordance with their age and maturity. 3. To be consulted on the nature of the services provided or to be provided to them, to participate in decisions about the services provided or to be provided to them and to be advised of the decisions made in respect of those services. 4. To raise concerns or recommend changes with respect to the services provided or to be provided to them without interference or fear of coercion, discrimination or reprisal and to receive a response to their concerns or recommended changes. 5. To be informed, in language suitable to their understanding, of their rights under this Part. 6.  Repealed: 2018, c. 17, Sched. 34, s. 6 (1). 2017, c. 14, Sched. 1, s. 3; 2018, c. 17, Sched. 34, s. 6 (1). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 34, s. 6 (1) - 01/05/2019
4 No service provider or foster parent shall inflict corporal punishment on a child or young person or permit corporal punishment to be inflicted on a child or young person in the course of the provision of a service to the child or young person.
5 No service provider or foster parent shall detain a child or young person or permit a child or young person to be detained in locked premises in the course of the provision of a service to the child or young person, except as Part VI (Youth Justice) and Part VII (Extraordinary Measures) authorize.
6 No service provider or foster parent shall use or permit the use of physical restraint on a child or young person for whom the service provider or foster parent is providing services, except as the regulations authorize.
7 No service provider or foster parent shall use or permit the use of mechanical restraints on a child or young person for whom the service provider or foster parent is providing services, except as Part VI (Youth Justice), Part VII (Extraordinary Measures) and the regulations authorize. Rights of Children in Care
8 (1) For greater certainty, the rights under section 3 of a child in care apply to decisions affecting them, including decisions with respect to, (a) the child’s or young person’s treatment, education or training or work programs; (b) the child’s or young person’s creed, community identity and cultural identity; and (c) the child’s or young person’s placement in or discharge from a residential placement or transfer to another residential placement. Views to be given due weight (2) The child’s or young person’s views with respect to the decisions described in subsection (1) shall be given due weight, in accordance with the child’s or young person’s age and maturity as required by paragraph 2 of section 3.
9 Upon admission to a residential placement, and at regular intervals thereafter, or, where intervals are prescribed, at the prescribed intervals thereafter, a child in care has a right to be informed, in language suitable to their understanding, of, (a) their rights under this Part; (b) the complaints procedures established under subsection 18 (1) and the further review available under section 19; (c) the review procedures available for children under sections 64, 65 and 66; (d) the review procedures available under section 152, in the case of a young person described in clause (b) of the definition of “child in care” in subsection 2 (1); (e) their responsibilities while in the placement; and (f) the rules governing day-to-day operation of the residential care, including disciplinary procedures.
11 (1) A service provider may impose such conditions and limitations on persons who are visiting a young person in a place of temporary detention, of open custody or of secure custody as are necessary to ensure the safety of staff or young persons in the facility. Suspending visits in emergencies (2) Where a service provider has reasonable grounds to believe there are emergency circumstances within a facility that is a place of temporary detention, of open custody or of secure custody or within the community that may pose a risk to staff or young persons in the facility, the service provider may suspend visits until there are reasonable grounds to believe the emergency has been resolved and there is no longer a risk to staff or young persons in the facility. Limited exception (3) Despite subsection (2), the service provider may not suspend visits from, (a)  Repealed: 2018, c. 17, Sched. 34, s. 6 (3). (b) the Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff; or (c) a member of the Legislative Assembly of Ontario or of the Parliament of Canada, unless the provincial director determines that suspension is necessary to ensure public safety or the safety of staff or young persons in the facility. 2017, c. 14, Sched. 1, s. 11 (3); 2018, c. 17, Sched. 34, s. 6 (3). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 34, s. 6 (3) - 01/05/2019
12 A child in care has a right, (a) to have reasonable privacy and possession of their own personal property, subject to section 155; and (b) to receive instruction and participate in activities of their choice related to their creed, community identity and cultural identity, subject to section 14.
13 (1) A child in care has a right to a plan of care designed to meet their particular needs, which shall be prepared within 30 days of the child’s or young person’s admission to the residential placement. Rights to care (2) A child in care has a right, (a) to participate in the development of their individual plan of care and in any changes made to it; (b) to have access to food that is of good quality and appropriate for the child or young person, including meals that are well balanced; (c) to be provided with clothing that is of good quality and appropriate for the child or young person, given their size and activities and prevailing weather conditions; (d) to receive medical and dental care, subject to section 14, at regular intervals and whenever required, in a community setting whenever possible; (e) to receive an education that corresponds to their aptitudes and abilities, in a community setting whenever possible; and (f) to participate in recreational, athletic and creative activities that are appropriate for their aptitudes and interests, in a community setting whenever possible.
14 Subject to subsection 94 (7) and sections 110 and 111 (custody during adjournment, interim and extended society care), the parent of a child in care retains any right that the parent may have, (a) to direct the child’s or young person’s education and upbringing, in accordance with the child’s or young person’s creed, community identity and cultural identity; and (b) to consent to treatment on behalf of an incapable child or young person, if the parent is the child’s or young person’s substitute decision-maker in accordance with section 20 of the Health Care Consent Act, 1996. Service Providers’ Duties in respect of Children’s and Young Persons’ Rights
15 (1) Service providers shall respect the rights of children and young persons as set out in this Act. Children, young persons to be heard and represented (2) Service providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving. Exception (3) Subsection (2) does not apply to a child or young person or parent of a child or young person if there is good cause for not giving that person an opportunity to be heard or represented as described in that subsection. Criteria and safeguards re decisions (4) Service providers shall ensure that decisions affecting the interests and rights of children and young persons and their parents are made according to clear, consistent criteria and are subject to appropriate procedural safeguards. (5) Repealed: 2018, c. 17, Sched. 34, s. 6 (4). Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 34, s. 6 (4) - 01/05/2019
16 Service providers shall, where appropriate, make services to children and young persons and their families available in the French language. Alternative Dispute Resolution
17 (1) If a child is or may be in need of protection under this Act, a society shall consider whether a prescribed method of alternative dispute resolution could assist in resolving any issue related to the child or a plan for the child’s care. First Nations, Inuk or Métis child (2) If the issue referred to in subsection (1) relates to a First Nations, Inuk or Métis child, the society shall consult with a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities to determine whether an alternative dispute resolution process established by the bands and communities or another prescribed alternative dispute resolution process could assist in resolving the issue. Children’s Lawyer (3) If a society or a person, including a child, who is receiving child welfare services proposes that an alternative dispute resolution method or process referred to in subsection (1) or (2) be undertaken to assist in resolving an issue relating to a child or a plan for the child’s care, the Children’s Lawyer may provide legal representation to the child if, in the opinion of the Children’s Lawyer, such legal representation is appropriate. Notice to band, community (4) If a society makes or receives a proposal that an alternative dispute resolution method or process referred to in subsection (1) or (2) be undertaken under subsection (3) in a matter involving a First Nations, Inuk or Métis child, the society shall give notice of the proposal to a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Complaints and Reviews
18 (1) A service provider who provides residential care to children or young persons or who places children or young persons in residential placements shall establish a written procedure, in accordance with the regulations, for hearing and dealing with, (a) complaints regarding alleged violations of the rights under this Part of children in care; and (b) complaints by children in care or other persons affected by conditions or limitations imposed on visitors under subsection 11 (1) or suspensions of visits under subsection 11 (2). (2) Repealed: 2018, c. 17, Sched. 34, s. 6 (5). Review of complaint (3) A service provider shall conduct a review or ensure that a review is conducted, in accordance with the procedure established under clause (1) (a) or (b), on the complaint of, (a) a child in care or a group of children in care; (b) the parent of a child in care who makes a complaint; (c) another person representing the child in care who makes a complaint; or (d) a person affected by a condition or limitation imposed on visitors under subsection 11 (1) or a suspension of visits under subsection 11 (2), and shall seek to resolve the complaint. Response to complainants (4) Upon completion of its review under subsection (3), the service provider shall inform each person who made the complaint, whether as an individual or as part of a group, of the results of the review. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 34, s. 6 (5) - 01/05/2019
19 (1) Where a person referred to in subsection 18 (3) makes a complaint, whether as an individual or as part of a group, and is not satisfied with the results of the review conducted under that subsection and requests in writing that the Minister appoint a person to conduct a further review of the complaint, the Minister shall appoint a person who is not employed by the service provider to do so. Same (2) A person appointed under subsection (1) shall review the complaint in accordance with the regulations and may do so by holding a hearing. Procedure (3) The Statutory Powers Procedure Act does not apply to a hearing held under subsection (2). Powers of appointed person (4) A person appointed under subsection (1) has, for the purposes of the review, all the powers of a program supervisor appointed under subsection 53 (2). Review and report within 30 days (5) A person appointed under subsection (1) shall, within 30 days after the day of the appointment, complete the review, set out in a report the person’s findings and recommendations, including the reasons for not holding a hearing if none was held, and provide copies of the report to, (a) each person who made the complaint, whether as an individual or as part of a group; (b) the service provider; and (c) the Minister.
20 (1) Where the Minister decides to take any action with respect to a complaint after receiving a report under subsection 19 (5), the Minister shall advise the service provider and each person who made the complaint, whether as an individual or as part of a group, of the decision. Remedies preserved (2) The Minister’s decision referred to in subsection (1) does not affect any other remedy that may be available. Consent and Voluntary Services
21 (1) In this section, “capacity” means the capacity to understand and appreciate the nature of a consent or agreement and the consequences of giving, withholding or withdrawing the consent or making, not making or terminating the agreement; (“jouit de toutes ses facultés mentales”) “nearest relative”, when used in reference to a person who is younger than 16, means the person with lawful custody of the person, and when used in reference to a person who is 16 or older, means the person who would be authorized to give or refuse consent to a treatment on the person’s behalf under the
Health Care Consent Act, 1996 if the person were incapable with respect to the treatment under that Act. (“membre de la parenté le plus proche”) Elements of valid consent or agreement, etc. (2) A person’s consent or withdrawal of a consent or participation in or termination of an agreement under this Act is valid if, at the time the consent is given or withdrawn or the agreement is made or terminated, the person, (a) has capacity; (b) is reasonably informed as to the nature and consequences of the consent or agreement, and of alternatives to it; (c) gives or withdraws the consent or executes the agreement or notice of termination voluntarily, without coercion or undue influence; and (d) has had a reasonable opportunity to obtain independent advice. Where person lacks capacity (3) A person’s nearest relative may give or withdraw a consent or participate in or terminate an agreement on the person’s behalf if it has been determined on the basis of an assessment, not more than one year before the nearest relative acts on the person’s behalf, that the person does not have capacity. Exceptions: ss. 180, 74 (2) (n) (4) Subsection (3) does not apply to a consent under section 180 (consents to adoption) or to a parent’s consent referred to in clause 74 (2) (n) (child in need of protection). Consent, etc., of minor (5) A person’s consent or withdrawal of a consent or participation in or termination of an agreement under this Act is not invalid by reason only that the person is younger than 18. Exception: Part X (6) This section does not apply in respect of the collection, use or disclosure of personal information under Part X (Personal Information). Consent to service
22 (1) Subject to clause (2) (b) and subsection (3), a service provider may provide a service to a person who is 16 or older only with the person’s consent, except where the court orders under this Act that the service be provided to the person. Consent to residential care: child younger than 16 or in society’s care (2) A service provider may provide residential care to a child, (a) if the child is younger than 16, with the consent of the child’s parent; and (b) if the child is in a society’s lawful custody, with the society’s consent, except where this Act provides otherwise. Exception — Part VI (3) Subsections (1) and (2) do not apply where a service is provided to a young person under Part VI (Youth Justice). Discharge from residential placement (4) A child who is placed in a residential placement with the consent referred to in subsection (1) or (2) may only be discharged from the placement, (a) with the consent that would be required for a new residential placement; (b) where the placement is made under the authority of an agreement made under subsection 75 (1) (temporary care agreements), in accordance with section 76 (notice of termination); or (c) where the placement is made under the authority of an agreement made under subsection 77 (1) (agreements with 16 and 17 year olds), in accordance with subsection 77 (4) (notice of termination). Transfer to another placement (5) A child who is placed in a residential placement with the consent referred to in subsection (1) or (2) shall not be transferred from one placement to another unless the consent that would be required for a new residential placement is given. Child’s views and wishes (6) Before a child is placed in or discharged from a residential placement or transferred from one residential placement to another with the consent referred to in subsection (2), the service provider shall, (a) ensure that the child and the person whose consent is required under subsection (2) are made aware of and understand, as far as possible, the reasons for the placement, discharge or transfer; and (b) take the child’s views and wishes into account, given due weight in accordance with the child’s age and maturity. Application of Health Care Consent Act, 1996 (7) If the service being provided is a treatment to which the Health Care Consent Act, 1996 applies, the consent provisions of that Act apply instead of this section.
23 (1) A service provider may provide a counselling service to a child who is 12 or older with the child’s consent, and no other person’s consent is required, but if the child is younger than 16, the service provider shall discuss with the child at the earliest appropriate opportunity the desirability of involving the child’s parent. Application of Health Care Consent Act, 1996 (2) If the counselling service being provided is a treatment to which the Health Care Consent Act, 1996
applies, the consent provisions of that Act apply instead of subsection (1). PART III   funding and accountability
24 In this Part, “lead agency” means an entity designated as a lead agency under subsection 30 (1). Funding of Services and Lead Agencies
25 The Minister may, (a) provide services; (b) establish, operate and maintain premises for the provision of services; (c) provide funding, pursuant to agreements, to persons, agencies, municipalities, organizations and other prescribed entities, (i) for the provision or coordination of services by them, (ii) for the acquisition, maintenance or operation of premises used for the provision or coordination of services, (iii) for the establishment of advisory groups or committees with respect to services, (iv) for research, evaluation, planning, development, co-ordination or redesign with respect to services, (v) for any other prescribed purpose; and (d) provide funding, pursuant to agreements, to lead agencies with respect to the performance of the functions referred to in subsection 30 (5).
26 The Minister may provide services and provide funding pursuant to agreements for the provision of services to persons who are not children, and to their families, as if those persons were children.
27 The Minister may appoint members to a Minister’s advisory committee, established by order of the Lieutenant Governor in Council, to advise the Minister on child and family well-being.
28 The Minister may, as a condition of making a payment under this Part or the regulations, require the recipient of the funds to secure them by way of mortgage, lien, charge, caution, registration of agreement or in such other manner as the Minister determines.
29 No service provider or lead agency shall transfer or assign any of its assets acquired with financial assistance from the Province of Ontario, except in accordance with the regulations or any term of an agreement with the Minister. Lead agencies
30 (1) The Minister may designate an entity as a lead agency. Conditions of designation (2) The Minister may impose conditions on a designation made under this section and may at any time amend or remove the conditions or impose new ones. Revocation of designation (3) The Minister may revoke a designation made under this section. Categories of lead agencies (4) The Minister may assign lead agencies to different lead agency categories established by the regulations. Functions of lead agencies (5) Every lead agency shall perform the functions assigned to the lead agency’s category by the regulations. List of lead agencies and categories (6) The Minister shall maintain a list of lead agencies and their categories. Public availability (7) The Minister shall make the list available to the public.
31 No service provider shall place a child in a residential placement except in accordance with this Act, the regulations and the directives issued under this Act. Directives and Compliance Orders (Lead Agencies and Service Providers) Directives by Minister
32 (1) This section and section 33 do not apply in respect of, (a) licensees under Part IX (Residential Licensing), when acting in their capacity as licensees under that Part; or (b) societies, when performing their functions under subsection 35 (1). Directives (2) The Minister may issue directives to service providers and lead agencies with respect to any prescribed matter. Binding (3) Every service provider and lead agency shall comply with every directive issued to it under this section. General or particular (4) A directive may be general or particular in its application. Law prevails (5) For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the provision or rule prevails. Public availability (6) The Minister shall make every directive under this section available to the public. Non-application of Legislation Act, 2006 (7) Part III (Regulations) of the Legislation Act, 2006 does not apply to a directive issued under this section. Compliance order
33 (1) A program supervisor may make an order under subsection (2) if the program supervisor believes on reasonable grounds that a service provider or lead agency has failed to comply with, (a) this Act or the regulations; (b) a directive issued under section 32; (c) in the case of a service provider, an agreement referred to in clause 25 (c) or section 26; or (d) in the case of a lead agency, (i) an agreement referred to in clause 25 (d); (ii) a condition imposed on the lead agency’s designation under subsection 30 (2), or (iii) subsection 30 (5) (functions of lead agencies). Order (2) For the purposes of subsection (1), a program supervisor may issue an order to the service provider or lead agency that requires either or both of the following: 1. That the service provider or lead agency do anything, or refrain from doing anything, to achieve compliance within the time period specified in the order. 2. That the service provider or lead agency prepare, submit and implement, within the time period specified in the order, a plan for achieving compliance. Compliance required (3) A service provider or lead agency served with an order under this section shall comply with the order within the time specified in it. Public availability (4) The Minister, (a) may make orders under this section available to the public; and (b) shall make a summary of each order under this section available to the public in accordance with the regulations. Failure to comply (5) If a service provider or lead agency fails to comply with an order made under this section within the time specified in it, the Minister may terminate all or part of the funding provided to the service provider or lead agency. Children’s Aid Societies Children’s aid society
34 (1) The Minister may designate an agency as a children’s aid society for a specified territorial jurisdiction and for any or all of the functions of a society set out in subsection 35 (1). Conditions on designation (2) For any or all of the functions of a society set out in subsection 35 (1), the Minister may impose conditions on the designation and may at any time amend or remove the conditions or impose new ones. Amendment of designation (3) The Minister may at any time amend a designation to provide that the society is no longer designated for a particular function or functions set out in subsection 35 (1) or to alter the society’s territorial jurisdiction. Society deemed to be a local board (4) A society is deemed to be a local board of each municipality in which it has jurisdiction for the purposes of the Ontario Municipal Employees Retirement System Act, 2006 and the Municipal Conflict of Interest Act. Not Crown agents (5) A society and its members, officers, employees and agents are not agents of the Crown in right of Ontario and shall not hold themselves out as such. No Crown liability (6) No action or other proceeding shall be instituted against the Crown in right of Ontario for any act or omission of a society or its members, officers, employees or agents.
35 (1) The functions of a children’s aid society are to, (a) investigate allegations or evidence that children may be in need of protection; (b) protect children where necessary; (c) provide guidance, counselling and other services to families for protecting children or for the prevention of circumstances requiring the protection of children; (d) provide care for children assigned or committed to its care under this Act; (e) supervise children assigned to its supervision under this Act; (f) place children for adoption under Part VIII (Adoption and Adoption Licensing); and (g) perform any other duties given to it by this Act or the regulations or any other Act. Prescribed standards, etc. (2) A society shall, (a) provide the prescribed standard of services in its performance of its functions; and (b) follow the prescribed procedures and practices. Governance matters
36 (1) A society that provides services to First Nations, Inuit or Métis children and families shall have the prescribed number of First Nations, Inuit or Métis representatives on its board of directors, appointed in the prescribed manner and for the prescribed terms. Employee may not sit on board (2) An employee of a society shall not be a member of the society’s board. By-laws (3) The by-laws of a society shall include any provisions that are prescribed.
37 No action shall be instituted against a member of the board of directors or an officer or employee of a society for any act done in good faith in the execution or intended execution of the person’s duty or for an alleged neglect or default in good faith in the execution of that duty.
38 Every society shall appoint a local director with the prescribed qualifications, powers and duties.
39 For the purposes of Part V (Child Protection), a local director may designate a place as a place of safety and may designate a class of places as places of safety. Funding and Accountability Agreements Funding
40 (1) The Minister shall pay to every society, out of money appropriated for the purpose by the Legislature, an amount determined in accordance with the regulations. Manner of payment (2) An amount payable to a society under subsection (1), including advances on expenditures before they are incurred, shall be paid at the times and in the manner determined by the Minister.
41 (1) Every society shall enter into an accountability agreement with the Minister as a condition of receiving funding. Term (2) The term of an accountability agreement shall be for at least one of the Ministry’s fiscal years but may be for a longer term specified by the Minister. Board approval (3) The society’s board of directors shall approve the accountability agreement before the society enters into the agreement. Content (4) An accountability agreement must include a requirement that the society operate within its approved budget allocation and any other prescribed terms. If no agreement (5) If the Minister and a society cannot agree on the terms of an accountability agreement by a date determined by the Minister, the Minister may set the terms of the agreement. Directives and Compliance Orders (Societies)
42 (1) The Minister may issue directives to societies, including directives with respect to financial and administrative matters and the performance of their functions under subsection 35 (1). Binding (2) A society shall comply with every directive issued to it under this section. General or particular (3) A directive may be general or particular in its application. Law prevails (4) For greater certainty, in the event of a conflict between a directive issued under this section and a provision of any applicable Act or rule of any applicable law, the provision or rule prevails. Public availability (5) The Minister shall make every directive under this section available to the public. Non-application of Legislation Act, 2006 (6) Part III (Regulations) of the Legislation Act, 2006 does not apply to a directive issued under this section. Compliance order
43 (1) A Director may make an order under subsection (2) if the Director believes on reasonable grounds that a society has failed to comply with, (a) this Act or the regulations; (b) a condition imposed on the society’s designation under subsection 34 (2); (c) an accountability agreement entered into under section 41; or (d) a directive issued under section 42. Order (2) For the purposes of subsection (1), a Director may issue an order to the society that requires either or both of the following: 1. That the society do anything, or refrain from doing anything, to achieve compliance within the time period specified in the order. 2. That the society prepare, submit and implement, within the time period specified in the order, a plan for achieving compliance. Compliance required (3) A society served with an order under this section shall comply with the order within the time specified in it. Public availability (4) The Minister, (a) may make orders under this section available to the public; and (b) shall make a summary of each order under this section available to the public in accordance with the regulations. Minister’s Powers Powers of Minister
44 (1) The Minister may exercise a power set out in subsection (3) if, (a) a society has failed to comply with a compliance order made under section 43 within the time specified in it; or (b) the Minister considers it to be in the public interest to do so. Public interest (2) In considering the public interest under clause (1) (b), the Minister may consider any matter the Minister regards as relevant including, (a) the quality of the financial and operational management of the society; (b) the society’s capabilities with respect to its corporate governance; and (c) the quality of services provided by the society. Powers (3) For the purposes of subsection (1), the Minister may do one or more of the following: 1. Order that the society cease a particular activity or take other corrective action within the time specified in the order. 2. Impose or amend conditions on the society’s designation under subsection 34 (1). 3. Suspend, amend or revoke the designation of the society. 4. Appoint members of the society’s board of directors if, i. there are vacancies on the board, or ii. there are no vacancies, but the appointment is for the purposes of designating that member as chair of the board under paragraph 7. 5. Remove members of the board and appoint others in their place. 6. Designate a chair of the board, if the office of chair is vacant. 7. Designate another chair of the board in place of the current chair. 8. Appoint a supervisor to operate and manage the affairs and activities of the society. Notice of proposal (4) If the Minister proposes to act under subsection (3), the Minister shall give written notice of the proposal and reasons for it to the society. Immediate action (5) Subsection (4) does not apply if, (a) in the Minister’s opinion, the society has, by its conduct, acquiesced to the Minister’s proposal; (b) the society has consented to the proposal; or (c) there are not enough members on the board to form a quorum. Right to respond (6) A society that receives notice under subsection (4) may make written submissions to the Minister within 14 days after receipt of the notice or within a different time period specified in the notice. Minister’s decision (7) After considering a written submission from the society or, if no submission is received, after the time period under subsection (6) has expired, the Minister may carry out the proposal and shall give written notice of the decision and reasons for it to the society. Decision final (8) The Minister’s decision is final. Provisional action (9) Despite subsection (4), the Minister may provisionally exercise any of the powers set out in subsection (3) where, in the Minister’s opinion, it is necessary to do so to avert an immediate threat to the public interest or to a person’s health, safety or well-being. Notice (10) The Minister shall give written notice of the provisional exercise of the power and reasons for it to the society. Decision final (11) The Minister’s decision to provisionally exercise the power is final. Appointments to board, etc.
45 (1) If the Minister appoints members of a society’s board of directors under paragraph 4 or 5 of subsection 44 (3), the following rules apply: 1. The Minister shall ensure that the members do not constitute a majority of the number of members required to be on the board. 2. The members shall be appointed at the pleasure of the Minister for a period that does not exceed two years. 3. The members may serve as appointed members for no more than two consecutive years. 4. The members shall have the same rights and responsibilities as the members of the board that have been elected. Chair (2) If the Minister designates a chair of the board of directors under paragraph 6 or 7 of subsection 44 (3), the following rules apply: 1. The chair may be designated from among the members of the board, including any members appointed by the Minister under paragraph 4 or 5 of subsection 44 (3). 2. The chair shall be designated at the pleasure of the Minister for a period that does not exceed two years. 3. The chair may serve as chair for no more than two consecutive years. 4. In the case of a designation under paragraph 7 of subsection 44 (3), the former chair may remain a member of the board.
47 (1) Two or more societies that are proposing to amalgamate and continue as one society shall submit an amalgamation proposal to the Minister containing the information and in the form specified by the Minister. Minister approval of proposal (2) The Minister may amend the amalgamation proposal and may approve it in whole or in part. Amalgamation agreement (3) The societies shall not enter into an agreement to amalgamate under subsection 110 (2) of the Not-for-Profit Corporations Act, 2010 until they have received the Minister’s approval of the amalgamation proposal under subsection (2). The amalgamation agreement must be consistent with the amalgamation proposal. 2017, c. 14, Sched. 1, s. 47 (3); 2017, c. 14, Sched. 3, s. 2 (1). Minister approval of articles of amalgamation (4) The societies shall not file articles of amalgamation under section 112 of the Not-for-Profit Corporations Act, 2010 until the articles have first received the approval of the Minister. 2017, c. 14, Sched. 3, s. 2 (2). Minister’s directions (5) The Minister may, at any time, issue directions to the societies with regard to the proposed amalgamation, including requiring that a society provide information or documents to the Minister, and the society shall comply with the directions. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 2 - 19/10/2021
49 (1) The Minister may appoint a supervisor to implement or facilitate the implementation of an order made under section 48 if, (a) an affected society has failed to comply with the order; or (b) in the Minister’s opinion, there is undue delay, lack of progress or disagreement between or among affected parties that is preventing or is likely to prevent an affected society from complying with the order. Application of other provisions (2) If the Minister proposes to appoint a supervisor under subsection (1), subsections 44 (4) to (8) and subsections 46 (2) to (15) apply with necessary modifications. Board compliance (3) The members of an affected society’s board of directors shall comply with decisions of a supervisor appointed under subsection (1) to facilitate the implementation of an order made under section 48 with regard to matters within the supervisor’s jurisdiction.
50 In the event of a conflict between sections 44 to 49 and a society’s articles or by-laws, sections 44 to 49 prevail. 2017, c. 14, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 4 - 19/10/2021
51 (1) If an order made under section 48 directs a society to transfer to a transferee property that it holds for a charitable purpose, all gifts, trusts, bequests, devises and grants of property that form part of the property being transferred are deemed to be gifts, trusts, bequests, devises and grants of property to the transferee. Specified purpose (2) If a will, deed or other document by which a gift, trust, bequest, devise or grant mentioned in subsection (1) is made indicates that the property being transferred is to be used for a specified purpose, the transferee shall use it for the specified purpose. Application (3) Subsections (1) and (2) apply whether the will, deed or document by which the gift, trust, bequest, devise or grant is made, is made before or after this section comes into force.
52 (1) Despite any other Act, no person or entity, including a society, is entitled to any compensation for any loss or damages arising from any direct or indirect action that the Minister or a supervisor appointed under section 44 or 49 takes under this Act, including making an order under section 48. Same, transfer of property (2) Despite any other Act, no person or entity, including a society, is entitled to compensation for any loss or damages, including loss of use, loss of revenue and loss of profit, arising from the transfer of property under an order made under section 48. No expropriation (3) Nothing in this Part and nothing done or not done in accordance with this Part constitutes an expropriation or injurious affection for the purposes of the Expropriations Act
or otherwise at law. Appointments and Delegations Directors and program supervisors
53 (1) The Minister may appoint any person as a Director to perform any or all of the duties and functions and exercise any or all of the powers of a Director under this Act and the regulations. Appointment of program supervisor (2) The Minister may appoint any person as a program supervisor to perform any or all of the duties and functions and exercise any or all of the powers of a program supervisor under this Act and the regulations. Limitations, etc., on appointments (3) The Minister may set out in an appointment made under this section any conditions or limitations to which it is subject. Remuneration and expenses (4) The remuneration and expenses of a person appointed under this section who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006
shall be fixed by the Minister and shall be paid out of money appropriated for the purpose by the Legislature.
54 (1) A Director shall exercise the powers and perform the duties of a society in any area in which no society is functioning. Powers of local director (2) In exercising the powers and performing the duties of a society under subsection (1), a Director has all the powers of a local director.
55 (1) Where, under this Act, a power is given to or a duty is imposed on the Minister, a Director, a program supervisor or an employee in the Ministry, the Minister may delegate that power or duty to any other person or class of persons. Conditions, etc. (2) The delegation must be made in writing and is subject to such limitations, conditions and requirements as are set out in it. Deeds and contracts (3) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under a delegation made under this section. Reports and Information
56 Every service provider and lead agency shall, (a) make the prescribed reports and provide the prescribed information, including personal information, to the Minister, in the prescribed form and at the prescribed intervals; and (b) make a report and provide information, including personal information, to the Minister whenever the Minister requests it.
57 Every service provider and lead agency shall provide the prescribed reports and the prescribed information to the prescribed entities in the prescribed manner.
58 Every service provider and lead agency shall make the prescribed information available to the public in the prescribed manner. Program Supervisor Inspections
59 (1) For the purpose of determining compliance with this Act, the regulations and the directives issued under this Act, a program supervisor may, at any reasonable time and without a warrant or notice, enter the following premises in order to conduct an inspection: 1. Premises where a service is provided under this Act. 2. Premises where a lead agency’s function referred to in subsection 30 (5) is performed. 3. Business premises of a service provider. 4. Business premises of a lead agency. Limitation, dwelling (2) The power to enter and inspect a premises described in subsection (1) shall not be exercised to enter and inspect any room or place actually being used as a dwelling, except with the consent of the occupier. Identification (3) A program supervisor conducting an inspection shall, upon request, produce proper identification. Application of other provisions (4) Sections 276 (powers on inspection) and 279 (admissibility of certain documents) apply with necessary modifications with respect to an inspection conducted under this section.
60 (1) A program supervisor may, without notice, apply to a justice for a warrant under this section. Issuance of warrant (2) A justice may issue a warrant authorizing a program supervisor named in the warrant to enter the premises specified in the warrant and to exercise any of the powers mentioned in subsection 276 (1), if the justice is satisfied on information under oath or affirmation, (a) that the premises is a premises described in subsection 59 (1); (b) in the case of a premises that is not used as a dwelling, (i) that the program supervisor has been prevented from exercising a right of entry to the premises under section 59 or a power under subsection 276 (1), or (ii) that there are reasonable grounds to believe that the program supervisor will be prevented from exercising a right of entry to the premises under section 58 or a power under subsection 276 (1); and (c) in the case of a premises that is used as a dwelling, (i) that, (A) the program supervisor believes on reasonable grounds that a service being provided, or the manner of providing it, is causing harm or is likely to cause harm to a person’s health, safety or well-being as a result of non-compliance with this Act, the regulations or the directives issued under this Act, and (B) it is necessary for the program supervisor to exercise the powers mentioned in subsection 276 (1) in order to inspect the service or the manner of providing it, or (ii) that a ground exists that is prescribed for the purposes of this subclause. Expert help (3) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the program supervisor in the execution of the warrant. Expiry of warrant (4) A warrant issued under this section shall name a date on which it expires, which shall be no later than 30 days after the warrant is issued. Extension of time (5) A justice may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the program supervisor named in the warrant. Use of force (6) A program supervisor named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a peace officer for assistance in executing the warrant. Time of execution (7) A warrant issued under this section may be executed between 8 a.m. and 8 p.m. only, unless the warrant specifies otherwise. Other matters (8) Subsections 276 (2) to (7) and section 279 apply with necessary modifications with respect to the exercise of powers referred to in subsection (2) under a warrant issued under this section. Definition (9) In this section, “justice” means a provincial judge or a justice of the peace.
61 (1) After completing an inspection, a program supervisor shall prepare an inspection report and give a copy of the report to, (a) a Director; (b) the service provider or lead agency; and (c) any other prescribed person. All non-compliance to be documented (2) If a program supervisor finds that a service provider or lead agency has not complied with a requirement of this Act, the regulations or a directive issued under this Act, the program supervisor shall document the non-compliance in the inspection report. Review by Residential Placement Advisory Committee