jswizzle3737/ontario_laws_and_regs huggingface dataset:
Director’s powers and duties re child abuse register
 33.  (1) In this section, “Director” means the Director within the meaning of subsection 133 (1) of the Act. (2) Upon receiving an inquiry from a society that a child is or may be suffering or may have suffered abuse within the meaning of subsection 127 (2) of the Act, the Director shall forthwith notify the society whether any person referred to in the information received by the society has been previously identified in the register, the date of any such prior identification and the society or other agency that reported the prior identification. (3) The Director shall record the information reported under subsection 133 (3) of the Act. (4) The Director shall maintain information in the register established under subsection 133 (5) of the Act for at least 25 years from the date of the recording of the information unless the information has been previously expunged or amended pursuant to a decision by the Director. (5) The Director may extend the period of time within which a report must be made to the Director under subsection 34 (1) of Ontario Regulation 156/18 (General Matters Under the Authority of the Minister) made under the Act. Note: On the day section 7 of Schedule 3 to the Supporting Children, Youth and Families Act, 2017 comes into force, section 33 of the Regulation is revoked. (See: O. Reg. 155/18, s. 116 (1)) Court Ordered Assessments
Court Ordered Assessments
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Timing of assessment
 34. (1) A court may order an assessment under section 98 of the Act if the criteria set out in subsection 98 (2) of the Act are satisfied and, (a) the court has received evidence, held a temporary care and custody hearing and made an order pursuant to subsection 94 (2) of the Act; (b) the court has made a finding that a child is in need of protection pursuant to subsection 74 (2) of the Act; or (c) all parties to the proceeding consent to the order being made. (2) An order under clause (1) (c) may be made at any time during the proceeding.
Contents of assessment order
 35. (1) In an assessment order, the court shall include the following: 1. The reason the assessment is necessary. 2. The specific questions that are to be addressed by the person performing the assessment. 3. What questions, if any, specifically require recommendations. 4. The time period for completing and filing the assessment report. (2) Without limiting the generality of the questions that are to be addressed by the person performing the assessment under paragraph 2 of subsection (1), the court may order that some or all of the following be assessed: 1. The parenting capabilities of the proposed participants in the child’s plan of care, including those attributes, skills and abilities most relevant to the child protection concerns. 2. Whether the proposed participants in the child’s plan of care have any psychiatric, psychological or other disorder or condition which may impact upon their ability to care for the child. 3. The nature of the child’s attachment to a proposed participant in the child’s plan of care and the possible effects on the child of continuing or severing that relationship. 4. The psychological functioning and developmental needs of the child, including any vulnerabilities and special needs. 5. The current and potential abilities of the proposed participants in the child’s plan of care to meet the needs of the child, including an evaluation of the relationship between the child and the proposed participants in the child’s plan of care. 6. The need for and likelihood of success of clinical interventions for observed problems.
Contents of assessment report
 36. Without limiting the generality of the contents of an assessment report, every assessment report shall include the following: 1. A resumé of the person performing the assessment outlining, i. the assessor’s academic and professional qualifications and credentials, including any publications relevant to the questions being addressed, and ii. information regarding the type and number of assessments previously conducted by the assessor. 2. A schedule setting out, i. a summary of the instructions received, whether written or oral, ii. a list of the questions upon which an opinion is sought, and iii. a list of the materials provided and considered. 3. A schedule setting out the methodology used in carrying out the assessment, including the interviews, observations, measurements, examinations and tests, and whether or not they were conducted or carried out under the assessor’s supervision. 4. The reasons and factual basis for any conclusions drawn by the assessor. 5. A direct response to the questions presented to the assessor in the assessment order, or an explanation of why these questions could not be addressed. 6. Recommendations where these were required of the assessor, or an explanation of why recommendations could not be made. Board Review of Complaint to Society
Board Review of Complaint to Society
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Application for review of complaint
 37. (1) An application requesting a review of a complaint under subsection 119 (5) or 120 (3) of the Act shall be submitted in writing to the Board. (2) The Board shall forward a copy of the application requesting the review to the society that is the subject of the complaint.
Eligibility of complaint for review
 38. (1) The Board shall determine whether a request for a review of a complaint is eligible for review under section 119 or 120 of the Act within seven days after receiving the request and the Board shall notify the complainant and the society of its decision in writing. (2) If the complaint is not eligible for review, the notice shall include reasons in writing as to why it is not eligible.
Board to send notice, etc., if request eligible for review
 39. If a request for review of a complaint is eligible for review, the Board shall send to the complainant and the society, within 20 days after its decision on eligibility, (a) the order or other disposition of the Board under subsection 119 (10) or 120 (7) of the Act; or (b) a notice that a hearing may be held under subsection 119 (8) of the Act.
Pre-hearing conference
 40. (1) If the Board decides that a hearing may be held to review a complaint, the Board shall first hold a pre-hearing conference. (2) The notice of a hearing under clause 39 (b) shall include the date and location of the pre-hearing conference. (3) The pre-hearing conference shall be held within 40 days after the Board’s decision on eligibility under section 38.
Attendance at pre-hearing conference
 41. (1) The chair of the Board shall designate a member of the Board to conduct the pre-hearing conference. (2) Subject to subsection (3), the member presiding at the pre-hearing conference may determine who may attend the conference. (3) The complainant, a representative chosen by each of the complainant’s bands and First Nations, Métis or Inuit communities, where appropriate, and one other person of the complainant’s choosing and the society may attend the pre-hearing conference. (4) A pre-hearing conference may be held by conference telephone or using electronic technology that allows persons to hear one another, unless the complainant or the society satisfies the member presiding at the pre-hearing conference that to do so is likely to cause the complainant or the society, as the case may be, significant prejudice. (5) In a pre-hearing conference held by electronic means, all the participants and the member conducting the conference must be able to hear one another throughout the conference.
Contents of pre-hearing conference
 42. At the pre-hearing conference, the member of the Board who is presiding may direct the complainant and the society to consider, (a) the settlement of any or all of the issues; (b) the simplification of the issues; (c) facts or evidence that may be agreed upon; (d) the dates by which any steps in the proceeding are to be taken or begun; (e) the estimated duration of the hearing; and (f) any other matter that may assist in the just and expeditious disposition of the proceeding.
Summary of pre-hearing results
 43. The Board shall send a summary of the results of the pre-hearing conference in writing to the complainant and society within 10 days after the conclusion of the pre-hearing conference.
Additional pre-hearing conferences
 44. (1) The Board may require one or more additional pre-hearing conferences to be held. (2) If the Board requires an additional pre-hearing conference to be held, the Board shall send to the complainant and the society notice of the pre-hearing conference indicating where and when it is to be held. (3) Sections 41 and 42 apply to additional pre-hearing conferences, and, if one or more additional pre-hearing conferences are held, section 43 applies with the following modifications: 1. The Board may send a single summary of the results of all of the pre-hearing conferences that were held. 2. If the Board sends a single summary, it shall send the summary to the complainant and the society within 10 days after the conclusion of the final pre-hearing conference.
Notice of hearing
 45. If the Board has determined that a hearing shall proceed, the Board shall include with the summary of the results of the pre-hearing conference a notice of the date and location of the hearing, which shall be held within 60 days after the Board’s decision on eligibility under section 38.
Attendance at hearing
 46. (1) Subject to subsection (2), the Board may determine who may attend the hearing. (2) The society, the complainant, a representative of the each of the complainant’s bands and First Nations, Métis or Inuit communities, where appropriate, and one other person of the complainant’s choosing may attend the hearing. (3) A hearing may be held by conference telephone or using electronic technology that allows persons to hear one another, unless the complainant or the society satisfies the Board that to do so is likely to cause the complainant or the society, as the case may be, significant prejudice. (4) In a hearing held by electronic means, all the participants and the Board must be able to hear one another throughout the hearing.
Written hearing
 47. A hearing may be held in writing by the exchange of documents in written or electronic form, unless the complainant or the society satisfies the Board that there is good reason for not doing so.
Hearing may be held in different formats
 48. Subject to subsection 46 (3) and section 47, a hearing may be held by any combination of electronic means, written means and in person attendance.
Member excluded
 49. The Board member who presided at the pre-hearing conference held with respect to the complaint shall not preside at the hearing reviewing the complaint unless the complainant and the society consent.
Power to prevent abuse of process
 50. In order to provide for the just and expeditious resolution of a proceeding arising from an application requesting a review of a complaint under subsection 119 (5) or 120 (3) of the Act, the Board may make such orders and give such directions in the proceeding as it considers proper to prevent abuse of its processes.
Board decision
 51. If a hearing is held to review a complaint, the Board shall provide to the complainant and the society its decision with respect to the complaint with reasons in writing within 30 days after the conclusion of the hearing. 52. Revoked: O. Reg. 155/18, s. 116 (2).
Power to vary time
 53. The Board may lengthen or shorten any time period set out in section 38, 39, 40, 43, 44, 45 or 51 with respect to a review, if doing so is necessary or advisable for the just and expeditious disposition of the review. Proceedings Under Part V of the Act – First Nations, Inuit or Métis Communities
Proceedings Under Part V of the Act – First Nations, Inuit or Métis Communities
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New community listed, proceeding already commenced
 54. (1) This section applies in respect of any proceeding under Part V of the Act in respect of a First Nations, Inuk or Métis child if a new First Nations, Inuit or Métis community is listed in a regulation made under subsection 68 (1) of the Act after the proceeding has commenced and before the proceeding has concluded. (2) Despite any determination made under clause 90 (2) (b) of the Act in respect of the child, the court shall, as soon as practicable, determine under clause 90 (2) (b) of the Act whether the new First Nations, Inuit or Métis community listed is one of the child’s communities. (3) If it is determined that the new First Nations, Inuit or Métis community listed is one of the child’s communities, paragraph 4 of subsection 79 (1) of the Act applies in respect of that community, unless the court is satisfied that it would not be in the child’s best interests for that provision to apply in respect of the new community and makes an order stating that the parties to the proceeding are those who were parties immediately before the new community was listed. (4) Despite subsection (3), if a court has completed its hearing of a proceeding in respect of a child before the day the new First Nations, Inuit or Métis community is listed but reserved its decision, the parties to the proceeding are those who were parties immediately before the new community was listed unless the court is satisfied that it would be in the best interests of the child for paragraph 4 of subsection 79 (1) of the Act to apply in respect of the new community and makes an order to that effect.
New community listed, notice of proposed removal already given
 55. (1) This section applies if, (a) a new First Nations, Inuit or Métis community is listed in a regulation made under subsection 68 (1) of the Act on or after the day a society gives notice under subsection 109 (7) of the Act in respect of the proposed removal of a child from a foster parent; and (b) the new First Nations, Inuit or Métis community listed is one of the child’s First Nations, Inuit or Métis communities. (2) If the time for applying for a review of the proposed removal as mentioned in subsection 109 (8) of the Act has not expired before the day the new First Nations, Inuit or Métis community is listed, the society shall give notice to any representative of the new community in accordance with subclause 109 (7) (b) (i) of the Act. (3) If the time for applying for a review of the proposed removal as mentioned in subsection 109 (8) of the Act has expired before the day the new First Nations, Inuit or Métis community is listed, clause 109 (7) (b) of the Act does not apply in respect of the new community. (4) Upon receipt of an application for review of the decision, (a) the Board shall give notice of the application and of the date of the hearing to those who were parties to the hearing immediately before the new First Nations, Inuit or Métis community was listed and to any representative to whom notice was given under subsection (2); and (b) subsection 109 (10) of the Act does not apply. (5) Any person to whom notice was given as described in clause (4) (a) is a party to a hearing in respect of the application and paragraph 3 of subsection 109 (13) does not apply. Custody Review Board
Custody Review Board
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Custody Review Board, review of placement of probationers
 56. (1) In addition to the duties of the Custody Review Board set out in section 152 of the Act, the Board shall review the placement of probationers who are ordered by the youth justice court under paragraph 55 (2) (g) of the Youth Criminal Justice Act (Canada) to reside at a place specified by a provincial director where the place is a place of open custody. (2) An application by a young person for a review under subsection (1) shall be made within 30 days of the placement at the place specified by the provincial director. (3) Subsections 152 (3), (4), (5) and (6) of the Act apply with necessary modifications to a review by the Board in respect of an application under subsection (2). (4) After conducting a review, the Board may confirm the placement or, if the Board is of the opinion that the place where the young person resides is not appropriate to meet the young person’s needs, recommend to the provincial director that the young person be transferred to another place.
Hearings
 57. (1) If the Board holds a hearing in respect of an application under section 152 of the Act or under section 56 of this Regulation, a young person may be represented at the hearing by a parent or other person of the young person’s choice. (2) The Board shall conduct reviews and hearings in an informal manner and in the absence of the public. (3) The provincial director shall co-operate with the Board in the conduct of the reviews and shall provide the Board with documents and other information with respect to reviews when requested by the Board to do so. (4) The Board shall make its recommendations under subsection 152 (7) of the Act and subsection 56 (4) of this Regulation in writing to the provincial director and shall provide a copy of the written recommendations to the young person and their representative. Mechanical Restraints – Section 156 of the Act (Places of Secure Custody or of Secure Temporary Detention)
Mechanical Restraints – Section 156 of the Act (Places of Secure Custody or of Secure Temporary Detention)
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Definition of “significant property damage”
 58. For the purposes of subparagraph 1 iii of subsection 156 (2) of the Act, an imminent risk that a young person would cause significant property damage, if mechanical restraints are not used, only exists if there is also an imminent risk of personal harm to the young person or another person.
Application of ss. 60 to 65
 59. (1) Subject to subsections (2) and (3), sections 60 to 65 apply with respect to the use of mechanical restraints at a place of secure custody or of secure temporary detention in accordance with section 156 of the Act. (2) Sections 60 to 65 do not apply with respect to the use of mechanical restraints in circumstances where the rules set out in section 66 apply. (3) Sections 60 to 65 do not apply with respect to the use of mechanical restraints at a place of secure custody or of secure temporary detention if the mechanical restraints are used in accordance with section 21.
Rules re use of mechanical restraints
 60. A person in charge of a place of secure custody or of secure temporary detention shall ensure that the use of mechanical restraints on a young person while the young person is detained in the place is carried out in accordance with the following rules: 1. Only mechanical restraints that have been approved by a provincial director may be used. 2. Mechanical restraints must be applied using the least amount of force that is necessary in the circumstances, having regard to the risk referred to in paragraph 1 of subsection 156 (2) of the Act. 3. The type of mechanical restraint used must be the least intrusive that is necessary in the circumstances, having regard to the risk referred to in paragraph 1 of subsection 156 (2) of the Act. 4. The use of more than one mechanical restraint on a young person at the same time is permitted only if the person applying the mechanical restraint determines that a single restraint is insufficient in the circumstances, having regard to the risk referred to in paragraph 1 of subsection 156 (2) of the Act. 5. A young person must never be secured by mechanical restraint to a fixed object. 6. If a mechanical restraint is applied while a young person is in the prone position with their hands behind their back, the young person must be placed in a sitting or standing position as soon as possible after the mechanical restraint has been applied. 7. The young person must be continuously observed by a responsible person and that person shall record their observations in the young person’s case record. 8. The person in charge of the place shall review the continued need for using the mechanical restraints within 15 minutes after the restraints are applied or as soon as possible after 15 minutes has elapsed and then at regular intervals, not exceeding 30 minutes, thereafter. When reviewing the continued need for the use of mechanical restraints, the person in charge of the place shall consider whether there is an alternative to the use of mechanical restraints that would be effective to reduce or eliminate the risk referred to in paragraph 1 of subsection 156 (2) of the Act. 9. Mechanical restraints must not be used for a continuous period in excess of two hours, unless an extension is authorized, on a case-by-case basis, by a provincial director. 10. Mechanical restraints must be removed immediately upon the earliest of the following: i. When there is a risk that the mechanical restraint will endanger the health or safety of the young person. ii. When an alternative to the use of mechanical restraints would be effective to reduce or eliminate the risk referred to in paragraph 1 of subsection 156 (2) of the Act. iii. When the risk referred to in paragraph 1 of subsection 156 (2) of the Act is no longer present.
Debriefing
 61. A person in charge of a place of secure custody or of secure temporary detention shall ensure that when mechanical restraints are used on a young person who is detained in a place of secure custody or of secure temporary detention, a debriefing is conducted in accordance with the following rules: 1. One debriefing process must be conducted among the staff members of the place who were involved in the use of the mechanical restraints. 2. Another debriefing process must be conducted among the persons mentioned in paragraph 1 and the young person who was placed in mechanical restraints, and this process must be structured to accommodate the young person’s psychological and emotional needs and cognitive capacity. 3. Subject to paragraph 4, the debriefing processes referred to in paragraphs 1 and 2 must be conducted within 48 hours after the mechanical restraints are removed. 4. If circumstances do not permit a debriefing process to take place within 48 hours after the mechanical restraints are removed, the debriefing process must be conducted as soon as possible after the 48-hour period referred to in paragraph 3 and a record must be kept of the circumstances which prevented the debriefing process from being conducted within the 48-hour period.
Records
 62. A person in charge of a place of secure custody or of secure temporary detention shall maintain a written record of each instance of the use of mechanical restraints on a young person who is detained in a place of secure custody or of secure temporary detention and the record shall include the following: 1. The name and age of the young person who was restrained by the use of mechanical restraints. 2. The dates and times when mechanical restraints were used and the name and title of the person or persons who applied them. 3. A description of the circumstances and the imminent risk referred to in paragraph 1 of subsection 156 (2) of the Act that existed before the mechanical restraints were used. 4. A description of the alternatives to the use of mechanical restraints that were considered and why those alternatives were not used. 5. The name and title of the person who approved the use of the mechanical restraints and, if an authorization for an extension of time is granted under paragraph 9 of section 60, the name of the provincial director who authorized the extension. 6. The type or types of mechanical restraints that were used. 7. The duration of time that the mechanical restraints were used. 8. All documentation related to assessment and monitoring of the young person while they were restrained by the use of mechanical restraints. 9. The date and time when the mechanical restraints were removed, the name and title of the person who removed them and a description of the care that the young person received after they were removed.
Monthly summaries
 63. (1) A person in charge of a place of secure custody or of secure temporary detention shall, for every month, maintain a written record that summarizes every instance of the use of mechanical restraints on a young person at the place for that month and the record shall include the following in respect of each instance: 1. The name and age of each young person who was restrained by the use of mechanical restraints. 2. The dates and the duration of time that the mechanical restraints were used in respect of each young person. 3. A description of the circumstances and the imminent risk referred to in paragraph 1 of subsection 156 (2) of the Act that existed before the mechanical restraints were used. (2) The person in charge of the place of secure custody or of a secure temporary detention shall provide a copy of the record required under subsection (1) in respect of a month to a provincial director on or before the fifth day of the following month.
Training and education
 64. (1) A person in charge of a place of secure custody or of secure temporary detention shall ensure that the following training and education is successfully completed by all staff members who provide direct care to young persons at the place: 1. Training in the use of mechanical restraints that have been approved by a provincial director for use in the place. 2. Education respecting the following subject matters: i. The provisions of the Act and of this Regulation concerning the use of mechanical restraints in a place of secure custody or of secure temporary detention. ii. The policies and standards established by the Ministry concerning the use of mechanical restraints. iii. The policies of the place of secure custody or secure temporary detention, as required under section 65. (2) If a staff member commences employment at a place of secure custody or of secure temporary detention, the person in charge of the place shall ensure that the new staff member’s training and education described in paragraphs 1 and 2 of subsection (1) is completed within 30 days after the person commences employment. (3) The person in charge of the place of secure custody or of secure temporary detention shall ensure that the training and education of current staff members is completed within the following time periods: 1. With respect to the training in the use of mechanical restraints under paragraph 1 of subsection (1), within 30 days after a new type of mechanical restraint is approved by a provincial director. 2. With respect to the subject matter described in subparagraph 2 i of subsection (1), within 30 days after this section comes into force and within 30 days after any amendment to the Act or this Regulation concerning the use of mechanical restraints comes into force. 3. With respect to the subject matter described in subparagraph 2 ii of subsection (1), within 30 days after each new or revised Ministry policy or standard concerning the use of mechanical restraints is received by the person in charge of the place of secure custody or of secure temporary detention. 4. With respect to the subject matter described in subparagraph 2 iii of subsection (1), within 30 days after each new or revised policy referred to in that subparagraph is established or revised. (4) The person in charge of the place of secure custody or of secure temporary detention shall maintain a written record of the training and education provided to each staff member and the date the training and education was provided.
Policies
 65. (1) A service provider that operates a place of secure custody or of secure temporary detention where mechanical restraints are used shall develop and maintain policies regarding the following: 1. The measures that staff members must take to prevent and minimize the use of mechanical restraints. 2. The interventions that must be employed or considered for the purpose of preventing  a young person from physically injuring or further physically injuring themself or others, in order to avoid the need to use mechanical restraints. 3. The titles or positions of staff members who are authorized to apply a mechanical restraint on a young person or release a young person from a mechanical restraint, and the training that those staff members must complete. 4. Protocols that must be followed in monitoring and assessing a young person’s condition while mechanical restraints are being used. 5. Protocols related to ensuring that all relevant staff members are notified when mechanical restraints are and continue to be used on a young person. (2) A service provider that operates a place of secure custody or of secure temporary detention shall ensure that, (a) on a monthly basis, an evaluation of the use of mechanical restraints is performed to ensure that every use of mechanical restraints is carried out in accordance with the Act and the regulations; and (b) at least once every calendar year, an evaluation is performed to determine, (i) the effectiveness of the policies required under subsection (1), and (ii) whether changes or improvements to the policies are required, particularly with respect to whether changes or improvements are required to minimize the use of mechanical restraints.
Transportation, etc.
 66. The following rules apply regarding the use of mechanical restraints on a young person who is detained in a place of secure custody or of secure temporary detention during the transportation of the young person to another place of custody or detention, or to or from court or the community, including while the young person is being escorted in the community by one or more staff members of a place of secure custody or of secure temporary detention: 1. Only mechanical restraints that have been approved by a provincial director for use on a young person may be used. 2. The person in charge of the place of secure custody or of secure temporary detention shall identify which staff members are authorized to apply a mechanical restraint on a young person. 3. The type of mechanical restraint used on a young person must be the least intrusive that is necessary in the circumstances, having regard to, i. the health and safety of the young person or of any other person, and ii. the risk that the young person would escape if mechanical restraints were not used. 4. The use of more than one mechanical restraint on a young person at the same time is permitted only if the person applying the mechanical restraint determines that a single restraint is insufficient in the circumstances, having regard the factors set out in subparagraphs 3 i and ii. 5. A staff member who is escorting a young person must check the young person regularly to ensure that the mechanical restraint is secure and is as comfortable as possible. 6. A mechanical restraint must be removed immediately if there is a risk that the mechanical restraint will endanger the health or safety of the young person. 7. If the young person’s hands are secured by mechanical restraints, they must be secured in front of their body. 8. A young person must never be secured by mechanical restraint to any part of a vehicle or to any fixed object whether inside or outside the vehicle or to any other person. However, a staff member may use a mechanical restraint to secure a young person by a single limb to a hospital bed. Searches under Section 155 of the Act
Searches under Section 155 of the Act
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Definitions
 67. For the purposes of sections 68 to 70, “body cavity” means the rectum or the vagina; (“cavité corporelle”) “body cavity search” means the physical probing of a body cavity. (“fouille des cavités corporelles”)
Rules respecting searches
 68. A search authorized by a person in charge of a place of open custody, of secure custody or of temporary detention shall be carried out in accordance with the following rules: 1. In no circumstance shall a search involve a body cavity search. 2. All searches shall be conducted in a manner that, i. respects the dignity of the person being searched and does not subject the person to undue embarrassment or humiliation, ii. considers the cultural, religious and spiritual beliefs of the person being searched, iii. respects any personal property or clothing that has cultural, religious or spiritual value to the person being searched, and iv. respects any personal property so that it will not be wilfully discarded, broken or misplaced. 3. A person shall be given the opportunity to express their views as to how any of the following searches are conducted: i. A search of the person. ii. A search of the person’s property. iii. A search of a bedroom used by a young person in place of open custody, of secure custody or of temporary detention, but only if the search also involves the young person’s property. 4. A search that could involve physical contact between the staff member and the person being searched or the removal of some or all clothes, other than outer garments, of the person being searched may only be performed on a young person and the following rules apply to such searches: i. At least two staff members shall be present for the search. ii. The young person being searched shall not be searched by a person of the opposite sex unless the person who authorized the search has reasonable cause to believe that an immediate search is necessary because the young person is concealing contraband that poses an immediate threat to the safety of young persons, staff members or any other person in the place, or to the safety or security of the place. iii. Despite subparagraph ii and unless the person who authorized the search has reasonable cause to believe that an immediate search is necessary because the young person is concealing contraband that poses an immediate threat to the safety of young persons, staff members or any other person in the place or to the safety or security of the place, a trans young person shall have the option of, A. requesting that the search be conducted by only a male staff member, B. requesting that the search be conducted by only a female staff member, or C. requesting that the search be conducted by staff members of both sexes and identifying how each of those persons may perform the search.
Procedures re searches
 69. (1) A person in charge of a place of open custody, of secure custody or of temporary detention shall develop and maintain written procedures with respect to searches of the person of a young person or the property of a young person, which shall include the following: 1. A description of the different types of searches that may be conducted and the circumstances when those different types of searches may be conducted, based on the principle that the least intrusive search should be conducted whenever possible. 2. Procedures to be followed when a young person refuses a search, resists a search or fails to co-operate with a search. 3. Procedures to be followed in circumstances where there is a reasonable cause to believe that a young person is concealing an item in a body cavity that may affect the health of the young person or pose a threat to the safety of young persons, staff members or any other person in the place, or to the security of the place. (2) A person in charge of a place of open custody, of secure custody or of temporary  detention shall do the following: 1. Post conspicuous notices stating that all persons, vehicles and items entering or exiting the place may be searched in accordance with the Act and the regulations. 2. Advise a person before they are searched or their property or vehicle is searched of any policies governing searches that have been established in accordance with the Act and the regulations, including providing a description of all search equipment that may be used at the place and describing the circumstances when the equipment may be used.
Records
 70. A person in charge of a place of open custody, of secure custody or of temporary detention shall maintain a written record of every search and the record shall include the following information: 1. If the search was of a person or of a person’s property, the name of the person who was searched or who is identified as the owner of the property that was searched. 2. If the search was of the place of open custody, of secure custody or of temporary detention, a description of the area or part of the place that was searched. 3. If a person was given the opportunity under paragraph 3 of section 68 to express their views as to how a search was to be conducted, a description of the views they expressed and what, if anything, was done in response to those views. 4. If the search was of a vehicle entering or on the premises of the place of open custody, of secure custody or of temporary detention, a description of the vehicle and the area of the vehicle or the part of the vehicle that was searched. 5. The reason for the search. 6. If a young person refuses a search, resists a search or fails to co-operate with a search, the action taken as result of the refusal, resistance or failure to co-operate. 7. If there is reasonable cause to believe that a young person is concealing an item in a body cavity, the basis for that belief and the action taken as a result of that belief. 8. A description of any property seized, discarded, broken or misplaced during the search. 9. Any action taken as a result of the search.
Training and education
 71. (1) A person in charge of a place of open custody, of secure custody or of temporary detention shall ensure that the following training and education is successfully completed by all staff members who provide direct care to young persons at the place: 1. Training related to how to conduct the searches referred to in section 155 of the Act that the person in charge of the place has authorized. 2. Education respecting the following subject matters: i. The provisions of the Act and of this Regulation concerning searches referred to in section 155 of the Act that the person in charge of the place has authorized. ii. The policies and standards established by the Ministry concerning searches under section 155 of the Act. iii. The procedures of the place of open custody, of secure custody or of temporary detention, as required under section 69. (2) If a staff member commences employment at a place of open custody, of secure custody or of temporary detention, the person in charge of the place shall ensure that the new staff member’s training and education described in paragraphs 1 and 2 of subsection (1) is completed within 30 days after the person commences employment. (3) The person in charge of the place of open custody, of secure custody or of temporary detention shall ensure that the education and training of staff members is completed within the following time periods: 1. With respect to the subject matter described in subparagraph 2 i of subsection (1), within 30 days after this section comes into force and within 30 days after any amendment to the Act or this Regulation concerning searches comes into force. 2. With respect to the subject matter described in subparagraph 2 ii of subsection (1), within 30 days after each new or revised Ministry policy or standard concerning searches under section 155 of the Act is received by the person in charge of the place of open custody, of secure custody or of temporary detention. 3. With respect to the subject matter described in subparagraph 2 iii of subsection (1), within 30 days after each new or revised procedure referred to in that subparagraph is established. (4) The person in charge of the place of open custody, of secure custody or of temporary detention shall maintain a written record of the training and education provided to each staff member and the date the training and education was provided.
Contraband – seizure
 72. (1) A person in charge of a place of open custody, of secure custody or of temporary detention shall maintain a written record of contraband that is seized during the search of a young person, their property or their bedroom and the record shall include the following: 1. The name of the young person who was searched or whose property or bedroom was searched. 2. The number of items seized. 3. A description of every item seized, including any identifying marks. 4. The location where the item was seized. 5. The reason the item was seized. 6. The date and time the item was seized. 7. The name of the person who seized the item. (2) The following rules apply with respect to contraband that has been seized: 1. If the owner of the item is not known at the time of its seizure and, in the opinion of the person in charge of the place, the keeping of the item would not pose a threat to the safety and security of the place, the person in charge of the place shall ensure that the item is kept for at least 30 days after the seizure, during which time reasonable efforts must be made to locate the owner of the item. 2. The person in charge of the place must ensure that the appropriate police force is notified if the person in charge of the place suspects that the item is connected to an alleged criminal offence. 3. The following apply if the owner of the item is known or becomes known, the person in charge of the place does not suspect that the item is connected to an alleged criminal offence and the keeping the item would not, in the opinion of the person in charge of the place, pose a threat to the safety and security of the place: i. If the young person wishes the item to be returned, the person in charge of the place must hold the item in trust for the owner and return it to them when they are released or discharged from the place. ii. If the young person does not wish for the item to be returned, the person in charge of the place must record details of the item’s disposal in the young person’s case record.
Contraband – disposal
 73. (1) If a person in charge of a place of open custody, of secure custody or of temporary detention authorizes the disposal of contraband, the disposal must be carried out in accordance with the following rules: 1. If the person in charge of the place has informed a police force about the item, the person in charge of the place must comply with any direction provided by the police force with respect to the item’s disposal. 2. The person in charge of the place must destroy the item if both of the following apply: i. The person in charge of the place does not suspect that the item is connected to an alleged criminal offence. ii. In the opinion of the person in charge of the place, keeping the item would pose a threat to the safety and security of the place. 3. The person in charge of the place must either donate the item to a local not-for-profit organization or destroy the item if all of the following apply: i. The person in charge of the place does not suspect that the item is connected to an alleged criminal offence. ii. In the opinion of the person in charge of the place, keeping the item would not pose a threat to the safety and security of the place. iii. The owner of the item is not known after reasonable efforts to locate the owner have been made in accordance with paragraph 1 of subsection 72 (2) or, if the owner is known, they do not wish for the item to be returned to them. (2) The person in charge of the place shall ensure that a written record is maintained with respect to contraband that is disposed of, which shall include the following information: 1. A description of the item, how it was disposed of and the reason why it was disposed of in that way. 2. The date of the item’s disposal. 3. The name and title of the person who carried out the disposal. 4. The name and title of the person who authorized the disposal. Mechanical Restraints – Section 160 of the Act (Secure Treatment Programs)
Mechanical Restraints – Section 160 of the Act (Secure Treatment Programs)
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Application of ss. 75 to 82
 74. Sections 75 to 82 apply with respect to a secure treatment program in which the administrator has, under section 160 of the Act, chosen to use or to permit the use of mechanical restraints on a child.
Debriefing
 77. An administrator shall ensure that when mechanical restraints are used on a child in a secure treatment program, a debriefing is conducted in accordance with the service provider’s policy required under subsection 160 (4) of the Act and the following rules: 1. One debriefing process must be conducted among the staff members who were involved in the use of the mechanical restraints in the secure treatment program. 2. Another debriefing process must be conducted among the persons mentioned in paragraph 1 and the child who was placed in mechanical restraints, and this process must be structured to accommodate the child’s psychological and emotional needs and cognitive capacity. 3. Subject to paragraph 4, the debriefing processes referred to in paragraphs 1 and 2 must be conducted within 48 hours after the mechanical restraints are removed. 4. If circumstances do not permit a debriefing process to take place within 48 hours after the mechanical restraints are removed, the debriefing process must be conducted as soon as possible after the 48-hour period referred to in paragraph 3 and a record must be kept of the circumstances which prevented the debriefing process from being conducted within the 48-hour period. 5. The administrator must record the date and time of each debriefing process, the names and titles of the persons involved in each process and the duration of each session. 6. The administrator must consider the results of each debriefing process to determine whether revisions to a child’s plan referred to in section 82 may be required.
Records
 78. (1) An administrator shall maintain a written record of each instance of the use of mechanical restraints on a child in a secure treatment program and the record shall include the following: 1. The name and age of the child who was restrained by the use of mechanical restraints. 2. The dates and times when mechanical restraints were used and the name and title of the person or persons who applied them. 3. A description of the emergency situation referred to in clause 160 (3) (b) of the Act that was present before the mechanical restraints were used. 4. A description of the alternatives to the use of mechanical restraints that were considered and why those alternatives were not used. 5. The name and title of the psychiatrist or other person designated by the Minister who made an order under section 75, and any instructions provided by that person or by the order in relation to the use of the mechanical restraints. 6. The type or types of mechanical restraints that were used. 7. The duration of time that the mechanical restraints were used. 8. All documentation related to assessment and monitoring of the child while they were restrained by the use of mechanical restraints, including assessments of the child’s medical condition while restrained by the use of mechanical restraints. 9. The date and time when the mechanical restraints were removed, the name and title of the person who removed them and a description of the care that the child received after they were removed. (2) The administrator shall, for every month, maintain a written record that summarizes every instance of the use of mechanical restraints on a child in the secure treatment program for that month and the record shall include the following in respect of each instance: 1. The name and age of each child who was restrained by the use of mechanical restraints. 2. The dates and the duration of time that the mechanical restraints were used in respect of each child. 3. A description of the emergency situation referred to in clause 160 (3) (b) of the Act that was present before the mechanical restraints were used. (3) The administrator shall provide a copy of the record required under subsection (2) in respect of a month to a Director on or before the fifth day of the following month.