jswizzle3737/ontario_laws_and_regs huggingface dataset:
243 In this Part, “children’s residence” means any of the following residences where children live and receive residential care: 1. A parent model residence having five or more children not of common parentage. 2. A staff model residence having three or more children not of common parentage, including an institution that is supervised or operated by a society or a place of temporary detention, of secure custody or of open custody. 3. Any other prescribed residence. A children’s residence does not include the following: 4. A house licensed under the Private Hospitals Act. 5. A child care centre as defined in the Child Care and Early Years Act, 2014. 6. A recreational camp under the Health Protection and Promotion Act. 7. A home for special care under the Homes for Special Care Act. 8. A school or private school as defined in the Education Act. 9. A hostel intended for short term accommodation. 10. A hospital that receives financial aid from the Government of Ontario. 11. A group home or similar facility that receives financial assistance from the Minister of Community Safety and Correctional Services but receives no financial assistance from the Minister under this Act. 12. Any other prescribed place; (“foyer pour enfants”) “directive” means a directive issued by the Minister under section 252; (“directive”) “parent model residence” means a building, group of buildings or part of a building where not more than two adult persons live and provide care for children on a continuous basis; (“foyer de type familial”) “placing agency” means a person or entity, including a society, that places a child in residential care or in foster care and includes a licensee; (“agence de placement”) “staff model residence” means a building, group of buildings or part of a building where adult persons are employed to provide care for children on the basis of scheduled periods of duty. (“foyer avec rotation de personnel”) Note: On a day to be named by proclamation of the Lieutenant Governor, section 243 of the Act is amended by adding the following subsection: (See: 2022, c. 2, Sched. 3, s. 3) Meaning of residential care (2) A person who is providing residential care, directly or indirectly, to a child is deemed not to be providing residential care for the purposes of this Part if, (a) the child is being cared for under customary care; (b) an agreement is in place that relates to the provision of customary care to the child and that meets the prescribed requirements; (c) a band or First Nations, Inuit or Métis community of the child has issued a declaration, in accordance with the prescribed requirements, that the child is being cared for under customary care; and (d) any additional prescribed conditions are met. 2022, c. 2, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 9, s. 88 - no effect - see 2023, c. 4, Sched. 1, s. 67 – 18/05/2023 2022, c. 2, Sched. 3, s. 3 - not in force Protective Measures
244 No person shall do any of the following except under the authority of a licence: 1. Operate a children’s residence. 2. Provide residential care, directly or indirectly, in places that are not children’s residences, i. for three or more children not of common parentage, or ii. in such circumstances as may be prescribed.
245 No person shall operate a children’s residence or provide residential care under the authority of a licence if they have been convicted of a prescribed offence.
246 No person shall represent or hold out expressly or by implication that they are licensed to operate a children’s residence or to provide residential care unless the person is licensed to do so.
247 No licensee shall place a child in a children’s residence or other place where residential care is provided except in accordance with this Act, the regulations and the directives. Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2022, c. 2, Sched. 3, s. 4) Exemption, customary care 247.1 Except as otherwise provided by the regulations, a licensee is exempt, in respect of a child being cared for under customary care as described in subsection 243 (2), from the requirements of this Part, the regulations and the directives that apply to licensees who hold a licence issued under this Part. 2022, c. 2, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2022, c. 2, Sched. 3, s. 4 - not in force
248 (1) A licensee shall keep a copy of the licence at the following premises and shall ensure that the licence is available for public inspection: 1. In the case of a children’s residence, at the residence. 2. In the case of any other place where residential care is provided under the authority of a licence, at the business premises of the licensee or other prescribed premises. Duty to post information (2) A licensee shall post any prescribed information in a conspicuous place at the children’s residence or other place where residential care is provided under the authority of a licence.
249 (1) Before a child is placed in a children’s residence or other place where residential care is provided under the authority of a licence, the licensee shall give the following to the placing agency, where the placing agency is not the licensee, or to the person placing the child: 1. A copy of the licence to operate the children’s residence or to provide residential care, as the case may be. 2. Any other prescribed information. Record of compliance (2) The licensee shall make and keep a record of its compliance with subsection (1), (a) in the case of a children’s residence, at the residence; or (b) in the case of any other place where residential care is provided under the authority of a licence, at the business premises of the licensee or other prescribed premises.
250 (1) If, in the course of employment, it comes to the attention of a prescribed person that there are reasonable grounds to suspect that there is an immediate threat to the health, safety or welfare of any child placed in a children’s residence or other place where residential care is provided under the authority of a licence, the person shall immediately report the suspicion and the information on which it is based to a Director. Inspection (2) If a suspicion is reported to a Director under subsection (1), the Director shall have an inspector conduct an inspection or make inquiries for the purpose of determining compliance with this Act, the regulations and the directives. Solicitor-client privilege (3) Nothing in this section abrogates any privilege that may exist between a lawyer and the lawyer’s client. Duty to report (4) Nothing in this section affects the duty to report a suspicion under section 125.
251 A Director may, in the prescribed circumstances, exempt the following from any provision of this Part, the regulations under this Part or a directive for the time period and on the conditions specified by the Director: 1. A place or class of places where residential care is provided under the authority of a licence. 2. A person or class of persons who provide, or are applying to provide, residential care under the authority of a licence.
252 (1) The Minister may issue directives to licensees with respect to any prescribed matter. Binding (2) A licensee 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.
253 (1) The Minister may publish the following information with respect to licences and applications for licences: 1. The name of the licensee and prescribed contact information. 2. The name of the children’s residence or other place where residential care is provided. 3. The conditions, if any, imposed on the licence under section 255. 4. The term of the licence specified under section 256. 5. The class, if any, assigned to the licence under section 258. 6. The maximum number of children for whom residential care may be provided by the licensee, set out in the licence under section 259. 7. Information about the programs and services to be provided under the authority of the licence. 8. A summary of each proposal to refuse to issue a licence under section 261, or under section 195 of the old Act, or to revoke or refuse to renew a licence under section 262, or under section 196 of the old Act, unless the refusal or revocation was not carried out. 9. A summary of each notice of a suspension under section 264, or under section 200 of the old Act. 10. The amount that the licensee shall charge for the provision of residential care under section 268. 11. A summary of each inspection report prepared under section 278. 12. Any other prescribed licensing information. Not in force (2) The authority under subsection (1) includes the authority to publish information with respect to licences that are no longer in force. Manner (3) The Minister may publish the information in any manner or format the Minister considers appropriate. Licences Issuance and renewal of licence
254 (1) An application for a licence or the renewal of a licence to operate a children’s residence or to provide residential care shall be made by submitting to a Director, (a) an application in a form approved by the Minister; (b) an attestation, to be completed by the applicant in a form approved by the Minister, confirming that the applicant is not prohibited from operating a children’s residence or from providing residential care under the authority of a licence under section 245; (c) any other information or documentation that may be specified by the Minister; and (d) payment of the prescribed fee. Additional requirements (2) An applicant for a licence or the renewal of a licence shall comply with any other prescribed requirements and the directives that relate to the application process, unless the applicant withdraws the application. Director’s duty to issue or renew (3) A Director shall issue or renew a licence if the applicant applied in accordance with subsections (1) and (2) unless, (a) the Director proposes to refuse to do so in accordance with section 261 or 262; or (b) the applicant is under 18 years old, is a partnership or is an association of persons. Not transferable (4) A licence is not transferable.
255 (1) On issuing or renewing a licence or at any other time, a Director may impose on the licence the conditions that the Director considers appropriate. Amending conditions (2) A Director may, at any time, amend the conditions imposed on the licence. Notice (3) The Director shall notify the licensee in writing of the imposition or amendment of the conditions. Contents of notice (4) The notice shall set out the reasons for imposing or amending the conditions and shall state that the licensee is entitled to a hearing by the Tribunal if they request one in accordance with subsection 265 (2). Conditions take effect upon notice (5) The imposition or amendment of conditions takes effect immediately upon the licensee’s receipt of the notice and is not stayed by a request for a hearing by the Tribunal. Licensee must comply (6) Every licensee shall comply with the conditions to which the licence is subject.
256 (1) A licence shall be issued or renewed, (a) for a term specified by the Director in accordance with the regulations; or (b) if there are no regulations governing the term, for a term specified by the Director that does not exceed one year. Expiry at end of term (2) A licence expires at the end of its term, unless it is deemed to continue under section 257. Revocation for cause (3) Nothing in this section prevents a licence from being revoked or suspended.
257 Subject to a suspension under section 264, if a licensee has applied for renewal of a licence and paid the prescribed fee before the licence expires, the licence is deemed to continue, (a) until the renewal is granted; or (b) if the licensee is given notice that the Director proposes to revoke or refuse to renew the licence under section 262, until the time for requiring a hearing by the Tribunal has expired and, if a hearing is required, until the Tribunal has made its decision.
258 A Director may assign a class to a licence in accordance with the regulations, (a) when issuing or renewing a licence; or (b) at any other time, if authorized by the regulations.
259 (1) On issuing or renewing a licence, a Director may set out in the licence the maximum number of children for whom residential care may be provided by the licensee in the children’s residence or other place where residential care is provided. Changing maximum number (2) A Director may at any time, but with notice to the licensee that is reasonable in the circumstances, change the maximum number of children set out in the licence. Licensee must comply (3) A licensee shall not admit to the children’s residence or other place where residential care is provided more children than the maximum number set out in the licence, unless the admission is approved by a Director for a specified period of time.
260 If authorized by the regulations, a licensee may, in accordance with the regulations, (a) require a review by the Tribunal of, (i) the class assigned to a licence under section 258, or (ii) the maximum number of children set out in a licence under section 259; and (b) appeal the Tribunal’s decision to the Divisional Court. Refusals and revocations
261 A Director may propose to refuse to issue a licence if, in the Director’s opinion, (a) the applicant or an employee of the applicant, or where the applicant is a corporation, an officer or director of the corporation is not competent to operate a children’s residence or to provide residential care, as the case may be, in a responsible manner in accordance with this Act, the regulations or any other applicable law; (b) the past conduct of any person mentioned in clause (a) affords reasonable grounds to believe that the operation of the children’s residence or the provision of residential care will not be carried on in a responsible manner in accordance with this Act, the regulations or any other applicable law; (c) the premises in which the applicant proposes to operate the children’s residence or to provide residential care do not comply with the requirements of this Part, the regulations or any other applicable law; (d) any person has made a false statement in the application for the licence, or in any report, document or other information required to be furnished by this Act or the regulations or any other applicable law; (e) a licence held by the applicant has been revoked or the renewal of such a licence has been refused and there has been no material change in the applicant’s circumstances; or (f) a ground exists that is prescribed as a ground for refusing to issue a licence.
262 A Director may propose to revoke or refuse to renew a licence if, in the Director’s opinion, (a) the licensee or an employee of the licensee, or where the licensee is a corporation, an officer or director of the corporation has contravened or has knowingly permitted a person under their control or direction or associated with them to contravene, (i) this Act or the regulations, (ii) any other applicable law, or (iii) a condition of the licence; (b) the conduct of any person mentioned in clause (a) affords reasonable grounds to believe, (i) that the person is not competent to operate a children’s residence or to provide residential care in a responsible manner in accordance with this Act, the regulations or any other applicable law, or (ii) that the children’s residence or other place where residential care is provided is not being or will not be operated in accordance with this Act, the regulations or any other applicable law; (c) the premises where the children’s residence is located or the residential care is provided do not comply with the requirements of this Part, the regulations or any other applicable law; (d) the operation of the children’s residence or the provision of residential care is carried on in a manner that is prejudicial to the children’s health, safety or welfare; (e) any person has made a false statement in the application for the licence or for its renewal, or in a report or document required to be furnished by this Act or the regulations or any other applicable law; (f) a change has occurred in the employees, officers or directors of the licensee that would, if the licensee were applying for the licence in the first instance, afford grounds under clause 261 (b) for refusing to issue the licence; or (g) a ground exists that is prescribed as a ground for refusing to renew or for revoking a licence.
263 (1) The Director shall notify the applicant or licensee, as the case may be, in writing if the Director proposes to, (a) refuse to issue a licence under section 261; or (b) revoke or refuse to renew a licence under section 262. Contents of notice (2) The notice of proposal shall set out the reasons for the proposed action and shall state that the applicant or licensee is entitled to a hearing by the Tribunal if they request one in accordance with subsection 265 (2).
264 (1) A Director may suspend a licence if, in the Director’s opinion, the manner in which the children’s residence is operated or residential care is provided is an immediate threat to the health, safety or welfare of the children. Notice (2) The Director shall notify the licensee in writing of the suspension. Contents of notice (3) The notice shall set out the reasons for the suspension and shall state that the licensee is entitled to a hearing by the Tribunal if they request one in accordance with subsection 265 (2). Suspension takes effect upon notice (4) A suspension takes effect immediately upon the licensee’s receipt of the notice and is not stayed by a request for a hearing by the Tribunal. No application (5) No person whose licence is suspended may apply to a Director for a licence during the suspension. Hearings by Tribunal
265 (1) An applicant or licensee to whom any of the following notices is given by a Director may request a hearing by the Tribunal in accordance with subsection (2): 1. A notice of proposal to refuse to issue a licence under section 261. 2. A notice of proposal to revoke or refuse to renew a licence under section 262. 3. A notice to impose or amend conditions on a licence under section 255. 4. A notice to suspend a licence under section 264. Request for hearing (2) The applicant or licensee may request a hearing by giving a written request to the Director who gave the notice referred to in subsection (1), and to the Tribunal, (a) in the case of a notice to impose or amend conditions on a licence, within 15 days after the person is given the notice; or (b) in the case of all other notices, within 10 days after the person is given the notice. If hearing regarding proposal is not requested (3) If an applicant or licensee to whom a notice of proposal to refuse to issue a licence or to revoke or refuse to renew a licence is given does not request a hearing in accordance with subsection (2), the Director may carry out the proposal. Hearing (4) If an applicant or licensee requests a hearing in accordance with subsection (2), the Tribunal shall appoint a time for and hold a hearing. Powers of tribunal (5) After holding the hearing, the Tribunal may by order, (a) in the case of a proposal to refuse to issue a licence or to revoke or refuse to renew a licence, (i) direct the Director to carry out the proposal, or (ii) direct the Director to take such other action as the Tribunal considers appropriate, in accordance with this Part and the regulations; (b) in the case of the imposition or amendment of conditions on a licence, (i) confirm any or all of the conditions, (ii) strike out any or all of the conditions, or (iii) impose such other conditions as the Tribunal considers appropriate; or (c) in the case of the suspension of a licence, (i) confirm the suspension, or (ii) direct the Director to take such other action as the Tribunal considers appropriate, in accordance with this Part and the regulations. Discretion of tribunal (6) In making an order under clause (5) (a) or (c), the Tribunal may substitute its opinion for that of the Director. Rules for proceedings
266 (1) The following persons are parties to a proceeding under this Part: 1. The applicant or licensee requiring the hearing. 2. The Director. 3. Any other person specified by the Tribunal. Members with prior involvement (2) A member of the Tribunal who has taken part, before a hearing, in any investigation or consideration of its subject matter that relates to the applicant or licensee shall not take part in the hearing. Discussion of subject matter of hearing (3) A member of the Tribunal who takes part in a hearing shall not communicate with any person, except another member, a lawyer who is not the lawyer of any party, or an employee of the Tribunal, about the subject matter of the hearing, unless all parties are notified and given an opportunity to participate. When Tribunal seeks independent legal advice (4) The Tribunal may seek independent legal advice about the subject matter of a hearing and, if it does so, shall disclose the nature of the advice to the parties to enable them to respond. Examination of documentary evidence (5) A party to a proceeding under this Part shall be given an opportunity, before the hearing, to examine any written or documentary evidence that will be produced and any report whose contents will be given in evidence at the hearing. Only members at entire hearing to participate in decision (6) No member of the Tribunal shall participate in a decision of the Tribunal under this Part unless the member was present throughout the hearing and heard the evidence and arguments of the parties. All members at hearing to participate in decision (7) Unless the parties consent, the Tribunal shall not make a decision under this Part unless all the members who were present at the hearing participate in the decision. Final decision of Tribunal within 90 days (8) Despite section 21 of the Statutory Powers Procedure Act, the Tribunal shall make a final decision and notify the parties of it within 90 days after the day the Tribunal receives the applicant’s or licensee’s request for a hearing under subsection 265 (2) of this Act. Appeals
267 (1) Any party to a hearing before the Tribunal under this Part may appeal from the Tribunal’s decision to the Divisional Court. Record to be filed in the court (2) If notice of an appeal is served under this section, the Tribunal shall promptly file with the court the record of the proceeding in which the decision appealed from was made. Minister entitled to be heard (3) The Minister, represented by a lawyer or otherwise, is entitled to be heard on the argument of an appeal under this section. Amount Charged by Licensee
268 (1) A licensee shall charge the amount set out in or determined in accordance with the regulations for the provision of residential care under the authority of a licence. Exemption (2) A regulation may exempt a licensee or class of licensees from subsection (1) and may prescribe conditions and circumstances for any such exemption. Licensee Ceasing to Operate, etc.
269 If a licence is revoked or renewal of it refused, or if a licensee ceases to operate a children’s residence or to provide residential care, the licensee shall, (a) promptly deliver the licence to the Minister; and (b) deliver all the records in the licensee’s possession or control that relate to the children to whom services were being provided to a prescribed person or entity within the prescribed time.
270 If a licence is revoked or suspended or renewal of it refused, or if a licensee ceases to operate a children’s residence or to provide residential care, (a) the licensee shall promptly notify, in writing, every placing agency or person who has a child placed in the children’s residence or other place where residential care is provided of the revocation, suspension, refusal or cessation; and (b) the placing agency or person who placed a child shall arrange for the child’s removal from the residence or other place as soon as is practicable, having regard to the child’s best interests, and the Minister may assist in finding an alternative placement for the child. Occupation by Minister and Injunctions
271 (1) If a Director’s notice of proposal to revoke or refuse to renew a licence under clause 263 (1) (b) or notice of suspension under subsection 264 (2) has been given to a licensee and the matter has not yet been finally disposed of, the Minister may apply without notice to the Superior Court of Justice for an order, (a) authorizing the Minister or a person appointed by the Minister, pending the outcome of the proceeding and until alternative accommodation may be found for the children who are being cared for, to, (i) occupy and operate the children’s residence or the other premises where residential care is provided, or (ii) provide the residential care, directly or indirectly; and (b) directing a peace officer to assist the Minister or a person appointed by the Minister as may be necessary in occupying the premises under subclause (a) (i). Where court may make order (2) The court may make an order referred to in subsection (1) where it is satisfied that the health, safety or welfare of the children being cared for require it. Interim management (3) If an order described in subclause (1) (a) (i) has been made, the Minister or the person appointed by the Minister may, despite sections 25 and 39 of the Expropriations Act, immediately occupy and operate or arrange for the occupation and operation of the premises for a period not exceeding six months.
272 (1) A Director may apply to the Superior Court of Justice for an order enjoining any person from, (a) contravening section 244 (licence required); or (b) operating a children’s residence or providing residential care while the licence is suspended under section 264. Variance or discharge (2) Any person may apply to the court for an order varying or discharging an order made under subsection (1). Residential Licensing Inspections
273 (1) The Minister may appoint inspectors for the purposes of this Part. Director is an inspector (2) A Director is, by virtue of their office, an inspector. Powers and duties (3) An inspector shall have the powers and duties set out in this Part and such other powers and duties as may be prescribed. Restrictions (4) The Minister may restrict an inspector’s powers of entry and inspection to specified premises. Certificate of appointment (5) The Minister shall issue to every inspector a certificate of appointment which the inspector shall produce, on request, when exercising the powers or performing the duties of an inspector.
274 An inspector shall conduct inspections for the purpose of determining compliance with this Act, the regulations and the directives.
275 An inspector may, at any reasonable time and without a warrant or notice, enter and inspect, (a) the business premises of a licensee; (b) the premises of a children’s residence; (c) a premises, other than a children’s residence, where residential care is provided under the authority of a licence; or (d) a premises where the inspector suspects on reasonable grounds that residential care is provided without the authority of a licence, where a licence is required under this Part.
276 (1) An inspector conducting an inspection may, (a) examine the services provided; (b) examine a record or other thing that is relevant to the inspection; (c) demand the production for inspection of a record or other thing that is relevant to the inspection, including a record or other thing that is not kept on the premises; (d) on issuing a written receipt, remove for review or copying a record or other thing that is relevant to the inspection; (e) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business at the premises; (f) photograph, film or make any other kind of recording that is relevant to the inspection, including of a child or other person at the premises, but only in a manner that does not intercept any private communications and that is in keeping with reasonable expectations of privacy; (g) question a person, including a child, on matters relevant to the inspection; (h) call upon experts for assistance in carrying out the inspection; and (i) exercise any other prescribed power. Demand (2) A demand that a record or other thing be produced for inspection may be made orally or in writing and must indicate, (a) the nature of the record or thing required; and (b) when the record or thing is to be produced. Obligation to produce and assist (3) If an inspector demands that a record or other thing be produced for inspection, the person having custody of the record or other thing shall produce it for the inspector within the time provided for in the demand, and shall, on the inspector’s demand, (a) provide whatever assistance is reasonably necessary to produce the record or thing in readable form, including using a data storage, processing or retrieval device or system; and (b) provide whatever assistance is reasonably necessary to interpret the record or thing for the inspector. Child’s right to refuse (4) Despite clause (1) (g), a child may refuse to be questioned by an inspector. Child’s right to meet with inspector (5) An inspector shall meet privately with a child who is receiving residential care in the place being inspected, if the child requests such a meeting. Power to exclude persons (6) An inspector who questions a person under clause (1) (g) may exclude from questioning any person except a lawyer for the person being questioned. Return of things (7) A record or other thing that has been removed for review or copying, (a) shall be made available to the person from whom it was removed on request and at a time and place that are convenient for the person and the inspector; and (b) shall be returned to the person within a reasonable time.
277 (1) An inspector may, without notice, apply to a justice for a warrant under this section. Issuance of warrant (2) A justice may issue a warrant authorizing an inspector 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, (i) is the business premises of a licensee, (ii) is a children’s residence, (iii) is a place, other than a children’s residence, where residential care is provided under the authority of a licence, or (iv) is a place where the inspector suspects on reasonable grounds that residential care is provided without the authority of a licence, where a licence is required under this Part; and (b) that, (i) the inspector has been prevented from exercising a right of entry to the premises under section 275 or a power under subsection 276 (1), or (ii) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under section 275 or a power under subsection 276 (1). Dwellings (3) The power to enter a premises described in clause (2) (a) with a warrant shall not be exercised to enter a premises that is used as a dwelling, except if, (a) the justice is informed that the warrant is being sought to authorize entry into a dwelling; and (b) the justice authorizes the entry into the dwelling. Expert help (4) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the inspector in the execution of the warrant. Expiry of warrant (5) 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 (6) 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 inspector named in the warrant. Use of force (7) An inspector 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 (8) 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 (9) Subsections 276 (2) to (7) apply, with necessary modifications, with respect to the exercise of powers referred to in subsection (2) under a warrant issued under this section. Definition (10) In this section, “justice” means a provincial judge or a justice of the peace.
278 (1) After completing an inspection, an inspector shall prepare an inspection report and give a copy of the report to, (a) a Director; (b) the licensee; and (c) any other prescribed person. All non-compliance to be documented (2) If an inspector finds that a licensee has not complied with a requirement of this Act, the regulations or a directive, the inspector shall document the non-compliance in the inspection report.
279 A copy made under subsection 276 (1) that purports to be certified by the inspector as being a true copy of the original is admissible in evidence in any proceeding to the same extent as, and has the same evidentiary value as, the original. Offences
280 (1) A person is guilty of an offence if the person, (a) contravenes section 244 (licence required); (b) contravenes section 245 (prohibition — past offence); (c) contravenes section 246 (prohibition — holding out as licensed); (d) contravenes subsection 259 (3) (licensee must comply with maximum number of children); (e) contravenes clause 269 (b) (records to be delivered); (f) causes a child to be cared for in a children’s residence operated by a person who is not licensed, or in another place where residential care is provided by a person who is required to be but is not licensed to provide residential care; (g) is a child’s parent or a person under a legal duty to provide for the child and permits the child to be cared for in a children’s residence or other place referred to in clause (f); (h) fails to comply with an order or direction made by a court under this Part; (i) contravenes any other provision of this Act or the regulations prescribed for the purposes of this subsection. 2017, c. 14, Sched. 1, s. 280 (1); 2019, c. 15, Sched. 5, s. 2. Penalty (2) A person convicted of an offence under subsection (1) is liable to, (a) a fine of not more than $1,000 for each day on which the offence continues or imprisonment for a term of not more than one year or both, in the case of an individual; or (b) a fine of not more than $1,000 for each day on which the offence continues, if the person is not an individual. 2017, c. 14, Sched. 1, s. 280 (2). Offence — obstruction of inspector, false information, etc. (3) A person is guilty of an offence if the person, (a) hinders, obstructs, or interferes with an inspector conducting an inspection under this Part, or otherwise impedes an inspector in exercising the powers or performing the duties of an inspector under this Part. (b) knowingly provides false information in an application under this Part or in a statement, report or return required to be provided under this Part or the regulations; or (c) contravenes any other provision of this Act or the regulations prescribed for the purposes of this subsection. 2017, c. 14, Sched. 1, s. 280 (3). Penalty (4) A person convicted of an offence under subsection (3) is liable to a fine of not more than $5,000. 2017, c. 14, Sched. 1, s. 280 (4). Limitation (5) A proceeding in respect of an offence under subsection (1) or (3) shall not be commenced more than two years after the day on which evidence of the offence first came to the knowledge of the Director or inspector. 2017, c. 14, Sched. 1, s. 280 (5). Directors, officers and employees (6) If a corporation commits an offence under this section, a director, officer or employee of the corporation who authorized, permitted or concurred in the commission of the offence is also guilty of the offence. 2017, c. 14, Sched. 1, s. 280 (6). Section Amendments with date in force (d/m/y) 2019, c. 15, Sched. 5, s. 2 - 10/12/2019 PART X   Personal information Definitions
281 In this Part, “Assistant Commissioner” means an Assistant Commissioner appointed under the Freedom of Information and Protection of Privacy Act; (“commissaire adjoint”) “capable” means able to understand the information that is relevant to deciding whether to consent to the collection, use or disclosure of personal information and able to appreciate the reasonably foreseeable consequences of giving, withholding or withdrawing the consent and “capacity” has a corresponding meaning; (“capable”) “Commissioner” means the Information and Privacy Commissioner appointed under the Freedom of Information and Protection of Privacy Act;
(“commissaire”) “incapable” means not capable, and “incapacity” has a corresponding meaning; (“incapable”) “information practices” means the policy or policies respecting the collection, use, modification, disclosure, retention or disposal of personal information and the administrative, technical and physical safeguards and practices that the service provider maintains with respect to the information; (“pratiques relatives aux renseignements”) “proceeding” includes a proceeding held in, before or under the rules of a court, a tribunal, a commission, a justice of the peace, a coroner, a committee of a College within the meaning of the Regulated Health Professions Act, 1991, a committee of the Ontario College of Social Workers and Social Service Workers under the Social Work and Social Service Work Act, 1998, an arbitrator or a mediator; (“instance”) “service” means a service or program that is provided or funded under this Act or provided under the authority of a licence; (“service”) “service provider” includes a lead agency designated under section 30; (“fournisseur de services”) “substitute decision-maker” means a person who is authorized under this Part to consent, withhold or withdraw consent on behalf of an individual to the collection, use or disclosure of personal information about the individual. (“mandataire spécial”)
282 Subsections 87 (8), (9) and (10) and 134 (11) prevail over this Part. Note: On a day to be named by proclamation of the Lieutenant Governor, section 282 of the Act is amended by striking out “and 134 (11)”. (See: 2017, c. 14, Sched. 3, s. 11) Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 11 - not in force Minister’s Powers to Collect, Use and Disclose Personal Information Collection, use and disclosure of personal information by the Minister
284 (1) The Minister may request that a service provider collect information, including personal information, directly from the individuals to whom it provides a service as is reasonably necessary for a prescribed purpose that is consistent with a purpose described in subsection 283 (1) and, upon being so requested, a service provider shall collect the information directly from the individuals. Disclosure to Minister (2) A service provider shall disclose the information collected under subsection (1) to the Minister within the time period and in the form and manner specified by the Minister. Notice required by s. 39 (2) of FIPPA (3) If the Minister collects personal information indirectly under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act may be given by, (a) a public notice posted on a government of Ontario website; or (b) any other method that may be prescribed. Notice to and by service providers (4) The Minister shall advise a service provider that collected personal information under subsection (1) of the notice referred to in subsection (3) and the service provider shall advise the individual to whom it provides a service of the information set out in the notice in the form and manner specified by the Minister. Collection, Use and Disclosure of Personal Information by Service Providers
285 (1) Subject to subsections (2), (3), (4), (5) and (7), sections 286 to 332 apply to the collection, use and disclosure of personal information by a service provider. Exceptions — where other Acts apply to an institution (2) Sections 286 to 292 and 306 to 332 do not apply to an institution within the meaning of the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act. Exceptions — where other Acts apply to a health information custodian (3) Sections 286 to 292 and 295 to 332 do not apply to a health information custodian within the meaning of the
Personal Health Information Protection Act, 2004
in respect of the collection, use or disclosure of personal health information. Exceptions — adoption matters (4) Sections 286 to 332 do not apply to, (a) the use or disclosure under section 227 by a licensee or a society of information that relates to an adoption; or (b) the collection, use or disclosure of information given to a designated custodian under section 224 or to another person under section 225. Exceptions — other matters (5) Sections 286 to 332 do not apply to, (a) records in the register maintained under subsection 133 (5); (b) records to which subsection 130 (6) or (8) apply; (c) reports for which an order was made under subsection 163 (6). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 285 (5) of the Act is repealed and the following substituted: (See: 2017, c. 14, Sched. 3, s. 12) Exceptions — other matters (5) Sections 286 to 332 do not apply to, (a) records to which subsection 130 (6) or (8) apply; or (b) reports for which an order was made under subsection 163 (6). 2017, c. 14, Sched. 3, s. 12. Service provider’s records (6) Except if this Act or its regulations provide otherwise, this Part applies to any record in the custody or under the control of a service provider regardless of whether it was recorded before or after this Part comes into force. Where disclosure is prohibited under federal law (7) For greater certainty, nothing in this Part permits or requires the disclosure of information whose disclosure is prohibited under the Criminal Code
(Canada), the Youth Criminal Justice Act (Canada) or any other law of Canada. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 3, s. 12 - not in force
286 A service provider shall not collect personal information about an individual for the purpose of providing a service or use or disclose that information unless, (a) the service provider has the individual’s consent under this Act and the collection, use or disclosure, to the best of the service provider’s knowledge, is necessary for a lawful purpose; or (b) the collection, use or disclosure without the individual’s consent is permitted or required by this Act.
287 (1) A service provider shall not collect personal information for the purposes of providing a service or use or disclose that personal information if other information will serve the purpose of the collection, use or disclosure. Collection, use and disclosure of personal information limited to what is reasonably necessary (2) For the purposes of providing a service, a service provider shall not collect, use or disclose more personal information than is reasonably necessary to provide the service. Exception (3) This section does not apply to personal information that a service provider is required by law to collect, use or disclose. Indirect collection of personal information
288 (1) A service provider may collect personal information indirectly for the purpose of providing a service if the individual to whom the information relates consents to the collection being made indirectly. Without consent (2) A service provider may collect personal information indirectly for the purpose of providing a service and without the consent of the individual to whom the information relates if, (a) the information to be collected is reasonably necessary to provide a service or to assess, reduce or eliminate a risk of serious harm to a person or group of persons and it is not reasonably possible to collect personal information directly from the individual, (i) that can reasonably be relied on as accurate and complete, or (ii) in a timely manner; (b) the information is to be collected by a society from another society or from a child welfare authority outside of Ontario and the information is reasonably necessary to assess, reduce or eliminate a risk of harm to a child; (c) the information is to be collected by a society and the information is reasonably necessary for a prescribed purpose related to a society’s functions under subsection 35 (1); (d) the indirect collection of information is authorized by the Commissioner; or (e) subject to the requirements and restrictions, if any, that are prescribed, the indirect collection of information is permitted or required by law or by a treaty, agreement or arrangement made under an Act or an Act of Canada.
289 A service provider may collect personal information directly from the individual to whom the information relates, even if the individual is not capable, if, (a) the collection is reasonably necessary for the provision of a service and it is not reasonably possible to obtain consent in a timely manner; (b) the collection is reasonably necessary to assess, reduce or eliminate a risk of serious harm to a person or group of persons; or (c) the service provider is a society and the information is reasonably necessary to assess, reduce or eliminate a risk of harm to a child.
290 Where a service provider collects personal information directly from an individual, the service provider shall give the individual notice that the information may be used or disclosed in accordance with this Part.