jswizzle3737/ontario_laws_and_regs huggingface dataset:
108 (1) Where the court places a child in the care of, (a) a society; or (b) a person other than the child’s parent, subject to a society’s supervision, the court may order a parent or a parent’s estate to pay the society a specified amount at specified intervals for each day the child is in the society’s care or supervision. Criteria (2) In making an order under subsection (1), the court shall consider those of the following circumstances of the case that the court considers relevant: 1. The assets and means of the child and of the parent or the parent’s estate. 2. The child’s capacity to provide for their own support. 3. The capacity of the parent or the parent’s estate to provide support. 4. The child’s and the parent’s age and physical and mental health. 5. The child’s mental, emotional and physical needs. 6. Any legal obligation of the parent or the parent’s estate to provide support for another person. 7. The child’s aptitude for and reasonable prospects of obtaining an education. 8. Any legal right of the child to support from another source, other than out of public money. Order ends at 18 (3) No order made under subsection (1) shall extend beyond the day on which the child turns 18. Power to vary (4) The court may vary, suspend or terminate an order made under subsection (1) where the court is satisfied that the circumstances of the child or parent have changed. Collection by municipality (5) The council of a municipality may enter into an agreement with the board of directors of a society providing for the collection by the municipality, on the society’s behalf, of the amounts ordered to be paid by a parent under subsection (1). Enforcement (6) An order made against a parent under subsection (1) may be enforced as if it were an order for support made under Part III of the
Family Law Act. Interim and Extended Society Care
110 (1) Where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1), the society has the rights and responsibilities of a parent for the purpose of the child’s care, custody and control. Consent to treatment — society or parent may act (2) Where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1), and the child is found incapable of consenting to treatment under the Health Care Consent Act, 1996, the society may act in the place of a parent in providing consent to treatment on behalf of the child, unless the court orders that the parent shall retain the authority under that Act to give or refuse consent to treatment on behalf of the incapable child. Exception (3) The court shall not make an order under subsection (2) where failure to consent to necessary treatment was a ground for finding that the child was in need of protection. Court may authorize society to act re consent to treatment (4) Where a parent referred to in an order made under subsection (2) refuses or is unavailable or unable to consent to treatment for the incapable child and the court is satisfied that the treatment would be in the child’s best interests, the court may authorize the society to act in the place of a parent in providing consent to the treatment on the child’s behalf. Consent to child’s marriage (5) Where a child is in interim society care under an order made under paragraph 2 of subsection 101 (1), the child’s parent retains any right that the parent may have under the Marriage Act to give or refuse consent to the child’s marriage.
111 (1) Where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the Crown has the rights and responsibilities of a parent for the purpose of the child’s care, custody and control, and the Crown’s powers, duties and obligations in respect of the child, except those assigned to a Director by this Act or the regulations, shall be exercised and performed by the society caring for the child. Consent to treatment — society may act (2) Where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), and the child is found incapable of consenting to treatment under the Health Care Consent Act, 1996, the society may act in the place of a parent in providing consent to treatment on behalf of the child.
112 Where a child is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c), the society shall make all reasonable efforts to assist the child to develop a positive, secure and enduring relationship within a family through one of the following: 1. An adoption. 2. A custody order under subsection 116 (1). 3. In the case of a First Nations, Inuk or Métis child, i. a plan for customary care, ii. an adoption, or iii. a custody order under subsection 116 (1). Review
113 (1) This section applies where a child is the subject of an order made under paragraph 1 or 4 of subsection 101 (1) for society supervision or under paragraph 2 of subsection 101 (1) for interim society care. Society to seek status review (2) The society having care, custody or supervision of a child, (a) may apply to the court at any time for a review of the child’s status; (b) shall apply to the court for a review of the child’s status before the order expires, unless the expiry is by reason of section 123; and (c) shall apply to the court for a review of the child’s status within five days after removing the child, if the society has removed the child from the care of a person with whom the child was placed under an order for society supervision. Application of subs. (2) (a) and (c) (3) If a child is the subject of an order for society supervision, clauses (2) (a) and (c) also apply to the society that has jurisdiction in the county or district in which the parent or other person with whom the child is placed resides. Others may seek status review (4) An application for review of a child’s status may be made on notice to the society by, (a) the child, if the child is at least 12; (b) a parent of the child; (c) the person with whom the child was placed under an order for society supervision; or (d) in the case of a First Nations, Inuk or Métis child, a person described in clause (a), (b) or (c) or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Notice (5) A society making an application under subsection (2) or receiving notice of an application under subsection (4) shall give notice of the application to, (a) the child, except as otherwise provided under subsection 79 (4) or (5); (b) the child’s parent; (c) the person with whom the child was placed under an order for society supervision; (d) any foster parent who has cared for the child continuously during the six months immediately before the application; and (e) in the case of a First Nations, Inuk or Métis child, the persons described in clauses (a), (b), (c) and (d) and a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Six-month period (6) No application shall be made under subsection (4) within six months after the latest of, (a) the day the original order was made under subsection 101 (1); (b) the day the last application by a person under subsection (4) was disposed of; or (c) the day any appeal from an order referred to in clause (a) or the disposition referred to in clause (b) was finally disposed of or abandoned. Exception (7) Subsection (6) does not apply if the court is satisfied that a major element of the plan for the child’s care that the court applied in its decision is not being carried out. Interim care and custody (8) If an application is made under this section, the child shall remain in the care and custody of the person or society having charge of the child until the application is disposed of, unless the court is satisfied that the child’s best interests require a change in the child’s care and custody.
114 Where an application for review of a child’s status is made under section 113, the court may, in the child’s best interests, (a) vary or terminate the original order made under subsection 101 (1), including a term or condition or a provision for access that is part of the order; (b) order that the original order terminate on a specified future date; (c) make a further order or orders under section 101; or (d) make an order under section 102.
116 (1) If an application for review of a child’s status is made under section 115, the court may, in the child’s best interests, (a) order that the child be placed in the care and custody of a parent or another person, subject to the supervision of the society, for a specified period of at least three months and not more than 12 months; (b) order that custody be granted to one or more persons, including a foster parent, with the consent of the person or persons; (c) order that the child be placed in extended society care until the order is terminated under this section or expires under section 123; or (d) terminate or vary any order made under section 101 or this section. 2017, c. 14, Sched. 1, s. 116 (1). Variation, termination or new order (2) When making an order under subsection (1), the court may, subject to section 105, vary or terminate an order for access or make a further order under section 104. 2017, c. 14, Sched. 1, s. 116 (2). Termination of extended society care order (3) Any previous order for extended society care made under paragraph 3 of subsection 101 (1) or clause (1) (c) is terminated if an order described in clause (1) (a) or (b) is made in respect of a child. 2017, c. 14, Sched. 1, s. 116 (3). Terms and conditions of supervision order (4) If the court makes a supervision order described in clause (1) (a), the court may impose, (a) reasonable terms and conditions relating to the child’s care and supervision; (b) reasonable terms and conditions on, (i) the child’s parent, (ii) the person who will have care and custody of the child under the order, (iii) the child, and (iv) any other person, other than a foster parent, who is putting forward a plan or who would participate in a plan for care and custody of or access to the child; and (c) reasonable terms and conditions on the society that will supervise the placement, but shall not require the society to provide financial assistance or purchase any goods or services. 2017, c. 14, Sched. 1, s. 116 (4). Access (5) Section 105 applies with necessary modifications if the court makes an order described in clause (1) (a), (b) or (c). 2017, c. 14, Sched. 1, s. 116 (5). Proceedings under Children’s Law Reform Act (6) If an order is made under this section or a proceeding is commenced under this Part, any proceeding under the Children’s Law Reform Act respecting decision-making responsibility, parenting time or contact with respect to the same child is stayed, except by leave of the court in the proceeding under that Act. 2020, c. 25, Sched. 1, s. 26 (5). Rights and responsibilities (7) A person to whom custody of a child is granted by an order under this section has the rights and responsibilities of a parent in respect of the child and must exercise those rights and responsibilities in the best interests of the child. 2017, c. 14, Sched. 1, s. 116 (7). Section Amendments with date in force (d/m/y) 2020, c. 25, Sched. 1, s. 26 (5) - 01/03/2021
117 (1) A Director or a person authorized by a Director shall, at least once during each calendar year, review the status of every child, (a) who is in extended society care under an order made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c); (b) who was in extended society care under an order described in clause (a) throughout the immediately preceding 24 months; and (c) whose status has not been reviewed under this section or under section 116 during that time. Direction to society (2) After a review under subsection (1), the Director may direct the society to make an application for review of the child’s status under subsection 115 (2) or give any other direction that, in the Director’s opinion, is in the child’s best interests.
118 (1) The Minister may appoint a judge of the Court of Ontario to investigate a matter relating to a child in a society’s care or the proper administration of this Part, and a judge who is appointed shall conduct the investigation and make a written report to the Minister. Application of Public Inquiries Act, 2009 (2) Section 33 of the Public Inquiries Act, 2009
applies to an investigation by a judge under subsection (1).
119 (1) A person may make a complaint to a society relating to a service sought or received by that person from the society in accordance with the regulations. Complaint review procedure (2) Where a society receives a complaint under subsection (1), it shall deal with the complaint in accordance with the complaint review procedure established by regulation, subject to subsection 120 (2). Public availability (3) A society shall make information relating to the complaint review procedure available to the public and to any person upon request. Society’s decision (4) Subject to subsection (5), the decision of a society made upon completion of the complaint review procedure is final. Application for review by Board (5) If a complaint relates to one of the following matters, the complainant may apply to the Board in accordance with the regulations for a review of the decision made by the society upon completion of the complaint review procedure: 1. A matter described in subsection 120 (4). 2. Any other prescribed matter. Review by Board (6) Upon receipt of an application under subsection (5), the Board shall give the society notice of the application and conduct a review of the society’s decision. Composition of Board (7) The Board shall be composed of members with the prescribed qualifications and prescribed experience. Hearing optional (8) The Board may hold a hearing and, if a hearing is held, the Board shall comply with the prescribed practices and procedures. Non-application (9) The Statutory Powers Procedure Act does not apply to a hearing under this section. Board decision (10) Upon completing its review of a decision by a society in relation to a complaint, the Board may, (a) in the case of a matter described in subsection 120 (4), make any order described in subsection 120 (7), as appropriate; (b) redirect the matter to the society for further review; (c) confirm the society’s decision; or (d) make such other order as may be prescribed. No review if matter within purview of court (11) A society shall not conduct a review of a complaint under this section if the subject of the complaint, (a) is an issue that has been decided by the court or is before the court; or (b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995.
120 (1) If a complaint in respect of a service sought or received from a society relates to a matter described in subsection (4), the person who sought or received the service may, (a) decide not to make the complaint to the society under section 119 and make the complaint directly to the Board under this section; or (b) where the person first makes the complaint to the society under section 119, submit the complaint to the Board before the society’s complaint review procedure is completed. Notice to society (2) If a person submits a complaint to the Board under clause (1) (b) after having brought the complaint to the society under section 119, the Board shall give the society notice of that fact and the society may terminate or stay its review, as it considers appropriate. Complaint to Board (3) A complaint to the Board under this section shall be made in accordance with the regulations. Matters for Board review (4) The following matters may be reviewed by the Board under this section: 1. Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 119 (1) as required under subsection 119 (2). 2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation. 3. Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints. 4. Allegations that the society has failed to comply with subsection 15 (2). 5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests. 6. Such other matters as may be prescribed. Review by Board (5) Upon receipt of a complaint under this section, the Board shall conduct a review of the matter. Application (6) Subsections 119 (7), (8) and (9) apply with necessary modification to a review of a complaint made under this section. Board decision (7) After reviewing the complaint, the Board may, (a) order the society to proceed with the complaint made by the complainant in accordance with the complaint review procedure established by regulation; (b) order the society to provide a response to the complainant within a period specified by the Board; (c) order the society to comply with the complaint review procedure established by regulation or with any other requirements under this Act; (d) order the society to provide written reasons for a decision to a complainant; (e) dismiss the complaint; or (f) make such other order as may be prescribed. No review if matter within purview of court (8) The Board shall not conduct a review of a complaint under this section if the subject of the complaint, (a) is an issue that has been decided by the court or is before the court; or (b) is subject to another decision-making process under this Act or the Labour Relations Act, 1995. Appeals
122 (1) Subject to subsections (4) and (5), the court shall not make an order for interim society care under paragraph 2 of subsection 101 (1) that results in a child being in the care and custody of a society for a period exceeding, (a) 12 months, if the child is younger than 6 on the day the court makes the order; or (b) 24 months, if the child is 6 or older on the day the court makes the order. Calculation of time limit (2) The time during which a child has been in a society’s care and custody pursuant to the following shall be counted in calculating the period referred to in subsection (1): 1. An agreement made under subsection 75 (1) (temporary care agreement). 2. A temporary order made under clause 94 (2) (d) (custody during adjournment). Previous periods to be counted (3) The period referred to in subsection (1) shall include any previous periods that the child was in a society’s care and custody under an interim society care order made under paragraph 2 of subsection 101 (1) or as described in subsection (2) other than periods that precede a continuous period of five or more years that the child was not in a society’s care and custody. Deemed extension of time limit (4) Where the period referred to in subsection (1) or (5) expires and, (a) an appeal of an order made under subsection 101 (1) has been commenced and is not yet finally disposed of; or (b) the court has adjourned a hearing under section 114 (status review), the period is deemed to be extended until the appeal has been finally disposed of and any new hearing ordered on appeal has been completed or an order has been made under section 114, as the case may be. Six-month extension (5) Subject to paragraphs 2 and 4 of subsection 101 (1), the court may by order extend the period permitted under subsection (1) by a period not to exceed six months if it is in the child’s best interests to do so.
123 An order under this Part expires when the child who is the subject of the order, (a) turns 18; or (b) marries, whichever comes first. Continued Care and Support
124 A society or prescribed entity shall enter into an agreement to provide care and support to a person in accordance with the regulations in each of the following circumstances: 1. A custody order under clause 116 (1) (b) or an order for extended society care under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) was made in relation to that person as a child and the order expires under section 123. 2. The person entered into an agreement with the society under section 77 and the agreement expires on the person’s 18th birthday. 3. The person is 18 or older and was eligible for the prescribed support services. 4. In the case of a First Nations, Inuk or Métis person who is 18 or older, paragraph 1, 2 or 3 applies or the person was being cared for under customary care immediately before their 18th birthday and the person who was caring for them was receiving a subsidy from the society or an entity under section 71. Duty to Report
126 (1) A society that receives a report under section 125 that a child, including a child in the society’s care or supervision, is or may be in need of protection shall as soon as possible carry out an assessment as prescribed and verify the reported information, or ensure that the information is assessed and verified by another society. Protection from liability (2) No action or other proceeding for damages shall be instituted against an officer or employee of a society, acting in good faith, for an act done in the execution or intended execution of the duty imposed on the society by subsection (1) or for an alleged neglect or default of that duty.
127 (1) A society that obtains information that a child in its care and custody is or may be suffering or may have suffered abuse shall report the information to a Director as soon as possible. Definition (2) In this section and in sections 129 and 133, “to suffer abuse”, when used in reference to a child, means to be in need of protection within the meaning of clause 74 (2) (a), (c), (e), (f), (g) or (j). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 127 (2) of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 3, s. 6) Definition (2) In this section and section 129, “to suffer abuse”, when used in reference to a child, means to be in need of protection within the meaning of clause 74 (2) (a), (c), (e), (f), (g) or (j). 2017, c. 14, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 6 - not in force
128 A person or society that obtains information that a child has died shall report the information to a coroner if, (a) a court made an order under this Act denying access to the child by a parent of the child or making the access subject to supervision; (b) on the application of a society, a court varied the order to grant the access or to make it no longer subject to supervision; and (c) the child subsequently died as a result of a criminal act committed by a parent or family member who had custody or charge of the child at the time of the act. Review Teams
129 (1) In this section, “review team” means a team established by a society under subsection (2). Composition (2) Every society shall establish a review team that includes, (a) persons who are professionally qualified to perform medical, psychological, developmental, educational or social assessments; and (b) at least one legally qualified medical practitioner. Chair (3) The members of a review team shall choose a chair from among themselves. Duty of team (4) Whenever a society refers the case of a child who may be suffering or may have suffered abuse to its review team, the review team or a panel of at least three of its members, designated by the chair, shall, (a) review the case; and (b) recommend to the society how the child may be protected. Disclosure to team permitted (5) Despite the provisions of any other Act, a person may disclose to a review team or to any of its members information reasonably required for a review under subsection (4). Section overrides privilege; protection from liability (6) Subsection (5) applies although the information disclosed may be confidential or privileged and no action for disclosing the information shall be instituted against a person who acts in accordance with subsection (5), unless the person acts maliciously or without reasonable grounds. Where child not to be returned without review or hearing (7) Where a society with a review team has information that a child placed in its care under subsection 94 (2) (custody during adjournment) or subsection 101 (1) (order where child in need of protection) may have suffered abuse, the society shall not return the child to the care of the person who had charge of the child at the time of the possible abuse unless, (a) the society has, (i) referred the case to its review team, and (ii) obtained and considered the review team’s recommendations; or (b) the court has terminated the order placing the child in the society’s care. Court-Ordered Access to Records Production of records
131 (1) The court or a justice of the peace may issue a warrant for access to a record or a specified part of it if the court or justice of the peace is satisfied on the basis of information on oath from a Director or a person designated by a society that there are reasonable grounds to believe that the record or part of the record is relevant to investigate an allegation that a child is or may be in need of protection. Authority conferred by warrant (2) The warrant authorizes the Director or the person designated by the society to, (a) inspect the record specified in the warrant during normal business hours or during the hours specified in the warrant; (b) make copies from the record in any manner that does not damage the record; and (c) remove the record for the purpose of making copies. Return of record (3) A person who removes a record under clause (2) (c) shall promptly return it after copying it. Admissibility of copies (4) A copy of a record that is the subject of a warrant under this section and that is certified as being a true copy of the original by the person who made the copy is admissible in evidence to the same extent as and has the same evidentiary value as the record. Duration of warrant (5) The warrant is valid for seven days. Execution (6) The Director or the person designated by the society may call on a peace officer for assistance in executing the warrant. Solicitor-client privilege (7) This section applies despite any other Act, but nothing in this section abrogates any privilege that may exist between a lawyer and the lawyer’s client. Application of Mental Health Act (8) If a warrant issued under this section concerns a record of personal health information and the warrant is challenged under subsection 35 (6) (attending physician’s statement, hearing) of the Mental Health Act, equal consideration shall be given to, (a) the matters set out in subsection 35 (7) of that Act; and (b) the need to protect the child. Application of s. 294 (9) If a warrant issued under this section concerns a record of a mental disorder within the meaning of section 294 and the warrant is challenged under section 294, equal consideration shall be given to, (a) the matters set out in subsection 294 (6); and (b) the need to protect the child.
132 (1) Where a Director or a person designated by a society believes that there are reasonable grounds for the issuance of a warrant under section 131 and that it would be impracticable to appear personally before the court or a justice of the peace to make application for a warrant in accordance with section 131, the Director or person designated by the society may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the Chief Justice of the Ontario Court of Justice. Same (2) The information shall, (a) include a statement of the grounds to believe that the record or part of the record is relevant to investigate an allegation that a child is or may be in need of protection; and (b) set out the circumstances that make it impracticable for the Director or person designated by the society to appear personally before a court or justice of the peace. Warrant to be issued (3) The justice may issue a warrant for access to the record or the specified part of it if the justice is satisfied that the application discloses, (a) reasonable grounds to believe that the record or the part of a record is relevant to investigate an allegation that a child is or may be in need of protection; and (b) reasonable grounds to dispense with personal appearance for the purpose of an application under section 131. Validity of warrant (4) A warrant issued under this section is not subject to challenge by reason only that there were not reasonable grounds to dispense with personal appearance for the purpose of an application under section 131. Application of provisions (5) Subsections 131 (2) to (9) apply with necessary modifications with respect to a warrant issued under this section. Definition (6) In this section, “justice” means justice of the peace, a judge of the Ontario Court of Justice or a judge of the Family Court of the Superior Court of Justice. Child Abuse Register
134 (1) In this section, “hearing” means a hearing held under clause (4) (b). Notice to registered person (2) Where an entry is made in the register, the Director shall as soon as possible give written notice to each registered person referred to in the entry indicating that, (a) the person is identified in the register; (b) the person or the person’s lawyer or agent is entitled to inspect the information in the register that refers to or identifies the person; and (c) the person is entitled to request that the Director remove the person’s name from or otherwise amend the register. Request to amend register (3) A registered person who receives notice under subsection (2) may request that the Director remove the person’s name from or otherwise amend the register. Director’s response (4) On receiving a request under subsection (3), the Director may, (a) grant the request; or (b) hold a hearing, on 10 days written notice to the parties, to determine whether to grant or refuse the request. Delegation (5) The Director may authorize another person to hold a hearing and exercise the Director’s powers and duties under subsection (8). Procedure (6) The Statutory Powers Procedure Act applies to a hearing and a hearing shall be conducted in accordance with the prescribed practices and procedures. Hearing (7) The parties to a hearing are, (a) the registered person; (b) the society that verified the information referring to or identifying the registered person; and (c) any other person specified by the Director. Director’s decision (8) Where the Director determines, after holding a hearing, that the information in the register with respect to a registered person is in error or should not be in the register, the Director shall remove the registered person’s name from or otherwise amend the register, and may order that the society’s records be amended to reflect the Director’s decision. Appeal to Divisional Court (9) A party to a hearing may appeal the Director’s decision to the Divisional Court. Hearing private (10) A hearing or appeal under this section shall be held in the absence of the public and no media representative shall be permitted to attend. Publication (11) No person shall publish or make public information that has the effect of identifying a witness at or a participant in a hearing, or a party to a hearing other than a society. Record inadmissible: exception (12) The record of a hearing or appeal under this section shall not be admitted into evidence in any other proceeding except a proceeding under clause 142 (1) (c) (confidentiality of child abuse register) or clause 142 (1) (d) (amendment of society’s records). Note: On a day to be named by proclamation of the Lieutenant Governor, section 134 of the Act is repealed. (See: 2017, c. 14, Sched. 3, s. 7) Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 7 - not in force Powers of Director
135 (1) A Director may direct, in the best interests of a child in the care or supervision of a society, that the child, (a) be transferred to the care or supervision of another society; or (b) be transferred from one placement to another placement designated by the Director. Criteria (2) In determining whether to direct a transfer under clause (1) (b), the Director shall take into account, (a) the length of time the child has spent in the existing placement; (b) the views of the foster parents; and (c) the views and wishes of the child, given due weight in accordance with the child’s age and maturity. Offences, Restraining Orders, Recovery on Child’s Behalf and Injunctions Abuse, failure to provide for reasonable care, etc.
136 (1) In this section, “abuse” means a state or condition of being physically harmed, sexually abused or sexually exploited. Child abuse (2) No person having charge of a child shall, (a) inflict abuse on the child; or (b) by failing to care and provide for or supervise and protect the child adequately, (i) permit the child to suffer abuse, or (ii) permit the child to suffer from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’s development. Leaving child unattended (3) No person having charge of a child younger than 16 shall leave the child without making provision for the child’s supervision and care that is reasonable in the circumstances. Allowing child to loiter, etc. (4) No parent of a child younger than 16 shall permit the child to, (a) loiter in a public place between the hours of midnight and 6 a.m.; or (b) be in a place of public entertainment between the hours of midnight and 6 a.m., unless the parent accompanies the child or authorizes a specified individual 18 or older to accompany the child. Police may bring child home or to place of safety (5) Where a child who is actually or apparently younger than 16 is in a place to which the public has access between the hours of midnight and 6 a.m. and is not accompanied by a person described in clause (4) (b), a peace officer may bring the child to a place of safety without a warrant and proceed as if the child had been brought to a place of safety under subsection 84 (1). Child protection hearing (6) The court may, in connection with a case arising under subsection (2), (3) or (4), proceed under this Part as if an application had been made under subsection 81 (1) (child protection proceeding) in respect of the child.
137 (1) Instead of making an order under subsection 101 (1) or section 116 or in addition to making a temporary order under subsection 94 (2) or an order under subsection 101 (1) or section 116, the court may make one or more of the following orders in the child’s best interests: 1. An order restraining or prohibiting a person’s access to or contact with the child, and may include in the order such directions as the court considers appropriate for implementing the order and protecting the child. 2. An order restraining or prohibiting a person’s contact with the person who has lawful custody of the child following a temporary order made under subsection 94 (2) or an order made under subsection 101 (1) or clause 116 (1) (a) or (b). Notice (2) An order shall not be made under subsection (1) unless notice of the proceeding has been served personally on the person to be named in the order. Duration of the order (3) An order made under subsection (1) shall continue in force for such period as the court considers in the best interests of the child and, (a) if the order is made in addition to a temporary order made under subsection 94 (2) or an order made under subsection 101 (1) or clause 116 (1) (a), (b) or (c), the order may provide that it continues in force, unless it is varied, extended or terminated by the court, as long as the temporary order made under subsection 94 (2) or the order made under subsection 101 (1) or clause 116 (1) (a), (b) or (c), as the case may be, remains in force; or (b) if the order is made instead of an order under subsection 101 (1) or clause 116 (1) (a), (b) or (c) or if the order is made in addition to an order under clause 116 (1) (d), the order may provide that it continues in force until it is varied or terminated by the court. Application for extension, variation or termination (4) An application for the extension, variation or termination of an order made under subsection (1) may be made by, (a) the person who is the subject of the order; (b) the child; (c) the person having charge of the child; (d) a society; (e) a Director; or (f) in the case of a First Nations, Inuk or Métis child, a person described in clause (a), (b), (c), (d) or (e) or a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities. Order for extension, variation or termination (5) Where an application is made under subsection (4), the court may, in the child’s best interests, (a) extend the order for such period as the court considers to be in the best interests of the child, in the case of an order described in clause (3) (a); or (b) vary or terminate the order. Child in society’s care not to be returned while order in force (6) Where a society has care of a child and an order made under subsection (1) prohibiting a person’s access to the child is in force, the society shall not return the child to the care of, (a) the person named in the order; or (b) a person who may permit that person to have access to the child.
138 (1) In this section, “to suffer abuse”, when used in reference to a child, means to be in need of protection within the meaning of clause 74 (2) (a), (c), (e), (f), (g) or (j). Recovery on child’s behalf (2) When the Children’s Lawyer is of the opinion that a child has a cause of action or other claim because the child has suffered abuse and considers it to be in the child’s best interests, the Children’s Lawyer may institute and conduct proceedings on the child’s behalf for the recovery of damages or other compensation. Society may apply (3) Where a child is in a society’s care and custody, subsection (2) also applies to the society with necessary modifications.
139 No person shall place a child in the care and custody of a society, and no society shall take a child into its care and custody, except in accordance with this Part.
140 If a child is the subject of a temporary order for care and custody made under clause 94 (2) (b), (c) or (d) or an order for society supervision, interim society care or extended society care made under paragraph 1, 2 or 3 of subsection 101 (1) or clause 116 (1) (a) or (c), no person shall, (a) induce or attempt to induce the child to leave the care of the person with whom the child is placed by the court or by the society, as the case may be; (b) detain or harbour the child after the person or society referred to in clause (a) requires that the child be returned; (c) interfere with the child or remove or attempt to remove the child from any place; or (d) for the purpose of interfering with the child, visit or communicate with the person referred to in clause (a). 2017, c. 14, Sched. 1, s. 140; 2021, c. 21, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2021, c. 21, Sched. 3, s. 4 - 01/10/2021
141 No person shall, (a) knowingly give false information in an application under this Part; or (b) obstruct, interfere with or attempt to obstruct or interfere with a child protection worker or a peace officer who is acting under section 77.1, 81, 83, 84, 85 or 86. 2017, c. 14, Sched. 1, s. 141; 2021, c. 21, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 2021, c. 21, Sched. 3, s. 5 - 01/10/2021
142 (1) A person who contravenes, (a) an order for access made under subsection 104 (1); (b) subsection 130 (6) (disclosure of information); (c) subsection 133 (6) or (10) (confidentiality of child abuse register); Note: On a day to be named by proclamation of the Lieutenant Governor, clause 142 (1) (c) of the Act is repealed. (See: 2017, c. 14, Sched. 3, s. 8 (1)) (d) an order made under subsection 134 (8) (amendment of society’s records); Note: On a day to be named by proclamation of the Lieutenant Governor, clause 142 (1) (d) of the Act is repealed. (See: 2017, c. 14, Sched. 3, s. 8 (1)) (e) subsection 136 (3) or (4) (leaving child unattended, etc.); (f) a restraining order made under subsection 137 (1); (g) section 139 (unauthorized placement); or (h) clause 141 (a) (false information), (i)  Repealed: 2021, c. 21, Sched. 3, s. 6 (1). and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both. 2017, c. 14, Sched. 1, s. 142 (1); 2021, c. 21, Sched. 3, s. 6 (1). Same (1.1) A person who contravenes, (a) any provision of section 140 (interference with child, etc.); or (b) clause 141 (b) (obstruction, etc.), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both. 2021, c. 21, Sched. 3, s. 6 (2). Offence of child abuse (2) A person who contravenes subsection 136 (2) (child abuse), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years, or to both. 2017, c. 14, Sched. 1, s. 142 (2). Offences re publication (3) A person who contravenes subsection 87 (8) or 134 (11) (publication of identifying information) or an order prohibiting publication made under clause 87 (7) (c) or subsection 87 (9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both. 2017, c. 14, Sched. 1, s. 142 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 142 (3) of the Act is amended by striking out “or 134 (11)”. (See: 2017, c. 14, Sched. 3, s. 8 (2)) Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 8 - not in force 2021, c. 21, Sched. 3, s. 6 (1, 2) - 01/10/2021
142.1 (1) The Crown may, by notice to the clerk of the Ontario Court of Justice, require that a provincial judge preside over a proceeding in respect of an offence under section 142. 2021, c. 21, Sched. 3, s. 7. No limitation (2) Section 76 of the Provincial Offences Act does not apply to a prosecution under this Part. 2021, c. 21, Sched. 3, s. 7. Section Amendments with date in force (d/m/y) 2021, c. 21, Sched. 3, s. 7 - 01/10/2021
143 (1) The Superior Court of Justice may grant an injunction to restrain a person from contravening section 140, on the society’s application. Variation, etc. (2) The court may vary or terminate an order made under subsection (1), on any person’s application. PART VI   YOUTH JUSTICE
144 In this Part, “bailiff” means a bailiff appointed under clause 146 (1) (c); (“huissier”) “Board” means the Custody Review Board continued under subsection 151 (1); (“Commission”) “probation officer” means, (a) a person appointed or designated by the Lieutenant Governor in Council or their delegate to perform any of the duties or functions of a youth worker under the Youth Criminal Justice Act (Canada), or (b) a probation officer appointed under clause 146 (1) (b); (“agent de probation”) Programs and Officers Programs
145 (1) The Minister may establish the following in places of temporary detention: 1. Secure temporary detention programs, in which restrictions are continuously imposed on the liberty of young persons by physical barriers, close staff supervision or limited access to the community. 2. Open temporary detention programs, in which restrictions that are less stringent than in a secure temporary detention program are imposed on the liberty of young persons. Secure custody programs (2) The Minister may establish secure custody programs in places of secure custody. Open custody programs (3) The Minister may establish open custody programs in places of open custody. Where locking up permitted (4) A place of secure custody and a place of secure temporary detention may be locked for the detention of young persons.
146 (1) The Minister may appoint any person or class of persons as, (a) a provincial director, to perform any or all of the duties and functions of a provincial director, (i) under the Youth Criminal Justice Act (Canada), and (ii) under this Act and the regulations; (b) a probation officer, to perform any or all of the duties and functions, (i) of a youth worker under the Youth Criminal Justice Act (Canada), (ii) of a probation officer for purposes related to young persons under the Provincial Offences Act, and (iii) of a probation officer under this Act and the regulations; and (c) a bailiff, to perform any or all of the duties and functions of a bailiff under the regulations. Conditions or limitations on appointments (2) The Minister may set out in an appointment made under subsection (1) any conditions or limitations to which it is subject. Probation officer and bailiff have powers of peace officer (3) While performing their duties and functions, a probation officer appointed under clause (1) (b) and a bailiff appointed under clause (1) (c) have the powers of a peace officer. Designation of peace officers (4) The Minister may designate in writing, (a) a person who is an employee in the Ministry or is employed in a place of open custody, of secure custody or of temporary detention to be a peace officer while performing the person’s duties and functions; or (b) a class of persons, from among the persons described in clause (a), to be peace officers while performing their duties and functions. Conditions or limitations on designations (5) The Minister may set out in a designation made under subsection (4) any conditions or limitations to which it is subject. Remuneration and expenses (6) The remuneration and expenses of a person appointed under subsection (1) 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 legislative appropriations.
147 A person in charge of a place of temporary detention, of open custody or of secure custody, a bailiff and a probation officer, (a) shall make the prescribed reports and provide the prescribed information to the Minister, in the prescribed form and at the prescribed intervals; and (b) shall make a report and provide information to the Minister whenever the Minister requests it. Temporary Detention Open and secure temporary detention