jswizzle3737/ontario_laws_and_regs huggingface dataset:
Training and education
 79. (1) An administrator shall ensure that the following training and education is successfully completed by all staff members who provide direct care to children in a secure treatment program:  1. Training in the use of mechanical restraints used in the secure treatment program. 2. Training in how to minimize the use of mechanical restraints in the secure treatment program. 3. Education respecting the following subject matters: i. The provisions of the Act and of this Regulation concerning the use of mechanical restraints in a secure treatment program. ii. The policies and standards established by the Ministry concerning the use of mechanical restraints in a secure treatment program. iii. The service provider’s policy on the use of mechanical restraints required under subsection 160 (4) of the Act. (2) If a staff member commences employment in a secure treatment program, the administrator shall ensure that the new staff member’s training and education described in paragraphs 1, 2 and 3 of subsection (1) is completed within 30 days after the person commences employment. (3) An administrator 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 the administrator. 2. With respect to the subject matter described in subparagraph 3 i of subsection (1), within 30 days after each new provision of the Act or this Regulation concerning the use of mechanical restraints comes into force. 3. With respect to the subject matter described in subparagraph 3 ii of subsection (1), within 30 days after each new or revised Ministry policy or standard concerning the use of mechanical restraints in a secure treatment program is received by the administrator. 4. With respect to the subject matter described in subparagraph 3 iii of subsection (1), within 30 days after the policy referred to in that subparagraph is established or revised. (4) The administrator shall maintain a written record of the training and education provided to each staff member and the date the training and education was provided.
Policy on the use of mechanical restraints
 80. (1) The policy on the use of mechanical restraints that a service provider is required to establish under subsection 160 (4) of the Act must contain 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 child from physically injuring or further physically injuring themself or others, in order to avoid the need to use mechanical restraints. 3. The type or types of mechanical restraints that have been approved for use in the secure treatment program. 4. Protocols for developing and maintaining plans required under section 82. 5. The titles or positions of staff members who are authorized to apply a mechanical restraint on a child or release a child from a mechanical restraint, and the training that those staff members must complete. 6. Protocols that must be followed in monitoring and assessing a child’s condition while mechanical restraints are being used and following their use. 7. Protocols related to ensuring that all relevant staff members are notified when mechanical restraints are and continue to be used on a child. 8. Protocols related to the repositioning of a child while mechanical restraints are being used and to the assisting of a child to ambulate while mechanical restraints are being used, including setting out how frequently the child must be repositioned or must receive assistance to ambulate. 9. Protocols respecting orders referred to in section 75, including the form in which an order must be provided. 10. Protocols related to post-restraint procedures, including debriefings. 11. Protocols related to evaluations of the use of mechanical restraints required under subsection (2). (2) An administrator 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 policy required under subsection 160 (4) of the Act, and (ii) whether changes or improvements to the policy are required, particularly with respect to whether changes or improvements are required to minimize the use of mechanical restraints.
Maintenance of mechanical restraints
 81. An administrator shall ensure that mechanical restraints used in a secure treatment program, (a) are applied in accordance with the manufacturer’s instructions, if any; (b) are maintained in good condition in accordance with the manufacturer’s instructions, if any; and (c) are not altered except for adjustments made in accordance with the manufacturer’s instructions, if any.
Plan re behaviour intervention strategies
 82. (1) An administrator shall develop a written plan for each child in a secure treatment program that focuses on positive behaviour intervention strategies for the purposes of preventing the use of mechanical restraints and developing alternatives to the use of mechanical restraints. (2) The child and their parent shall be invited to participate in the development of the plan and, for the purposes of clause 43 (1) (h) of the Personal Health Information Protection Act, 2004, a disclosure of personal health information by a health information custodian, within the meaning of that Act, to a parent under this section is deemed to be for the purposes of complying with this Regulation. (3) The child’s wishes with respect to behaviour intervention strategies shall be documented in the plan and considered as part of the development and implementation of the plan. (4) The plan shall be regularly re-evaluated and updated based on observations or concerns expressed by the child or their parent.
Minister’s directives
 83. For the purpose of subsection 252 (1) of the Act, the use of mechanical restraints in a secure treatment program is a prescribed matter.
Admission procedures re secure treatment programs
 84. Subject to section 294 of the Act, the counsel or agent representing a child who is the subject of an application or order under Part VII of the Act is entitled to examine and to copy the record prepared in respect of the child and maintained by any service provider. Secure De-escalation Rooms
Secure De-escalation Rooms
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Standards re secure de-escalation rooms
 85. (1) The following standards apply with respect to a secure de-escalation room: 1. The room must not be used as a bedroom for any child or young person. 2. No more than one child or young person may be placed in the room at one time. 3. The room must contain a window that is unbreakable or some other means of observing the child or young person. 4. The room must contain lighting that is adequate to ensure compliance with subsection 174 (5) of the Act and paragraph 1 of subsection 174 (9) of the Act. 5. The room must not contain objects that could be used by the child or young person as instruments of injury or damage. 6. The room must be adequately ventilated and be maintained at not less than 17 degrees Celsius. 7. The room must be maintained in a sanitary condition. (2) Despite subsection (1), a secure de-escalation room may be used as a bedroom where a young person is held in a facility that is a place of secure temporary detention or a place of secure custody.
Frequency of reviews – s. 174 (6) of the Act
 86. (1) The following rules apply for the purposes of subsection 174 (6) of the Act: 1. If a young person who is under 16 or a child is kept in a secure de-escalation room for more than one hour, the person in charge of the premises in which the room is located shall review the continued need to keep the child or young person in the room at the end of the first hour and at least every 30 minutes thereafter. 2. If a young person who is 16 or older is kept in a secure de-escalation room in a place of secure custody or of secure temporary detention for more than one hour, the person in charge of the premises shall review the continued need to keep the young person in the room at the end of the first hour and at least every 60 minutes thereafter. (2) Despite paragraphs 1 and 2 of subsection (1), the following rules apply in circumstances where a young person who, while restrained by the use of mechanical restraints, is placed in a secure de-escalation room in a place of secure custody or of secure temporary detention: 1. The person in charge of the premises shall review the continued need to keep the young person in the secure de-escalation room at the same time that the person reviews the continued need for using the mechanical restraints as required under paragraph 8 of section 60. 2. If the mechanical restraints are removed while the young person is in the secure de-escalation room, the person in charge of the premises shall, i. review the continued need to keep the young person in the room 30 minutes after the mechanical restraints are removed and at least every 30 minutes thereafter, if the young person is under 16, or ii. review the continued need to keep the young person in the room 60 minutes after the mechanical restraints are removed and at least every 60 minutes thereafter, if the young person is 16 or older.
Policies and procedures
 87. (1) A service provider shall develop and maintain written policies and procedures with respect to the use of a secure de-escalation room on the premises of the provider where it is proposed to place a child or young person in a secure de-escalation room. (2) The policies and procedures referred to in subsection (1) shall be reviewed with each staff member who is involved in the use of a secure de-escalation room upon the initial orientation of the staff member and at least annually thereafter.
Records
 88. A service provider shall maintain a written record of each instance of the use of a secure de-escalation room that shall include the following:  1. The name and age of the child or young person placed in a secure de-escalation room. 2. The date and time when the child or young person was placed in a secure de-escalation room. 3. The date and time when the child or young person was released from a secure de-escalation room. 4. The duration of time that the child or young person was kept in a secure de-escalation room. 5. The reasons for the service provider’s opinion that the criteria set out in subclauses 174 (3) (a) (i) and (ii) of the Act were met. 6. If the child was younger than 12, a description of the exceptional circumstances referred to in clause 174 (3) (b) of the Act. 7. A description of the alternatives to the use of a secure de-escalation room that were considered and why those alternatives were not used. 8. The name and title of the person who approved the placement of the child or young person in a secure de-escalation room and, if an extension under paragraph 5 of subsection 174 (9) of the Act was approved, the name of the provincial director who gave the approval. 9. All documentation related to assessments and monitoring of the child or young person while they were kept in a secure de-escalation room.
Monthly summaries
 89. (1) A service provider shall maintain, (a) a written record, for every month, that summarizes each instance of the use of a secure de-escalation room in respect of a child for that month; and (b) a written record, for every month, that summarizes each instance of the use of a secure de-escalation room in respect of a young person for that month. (2) The monthly records required under subsection (1) shall include the following with respect to each instance of the use of a secure de-escalation room: 1. The name and age of the child or young person. 2. The dates and duration of the use of the secure de-escalation room. 3. The reasons for the service provider’s opinion that the criteria set out in subclauses 174 (3) (a) (i) and (ii) of the Act were met. 4. If the child was younger than 12, a description of the exceptional circumstances referred to in clause 174 (3) (b) of the Act. (3) A service provider shall provide, (a) a copy of the record required under clause (1) (a) in respect of a month to a Director on or before the fifth day of the following month; and (b) a copy of the record required under clause (1) (b) in respect of a month to a provincial director on or before the fifth day of the following month. (4) A Director may, at any time, request a service provider to provide a copy of a written record required under clause (1) (a) to the Director. (5) A provincial director may, at any time, request a service provider to provide a copy of a written record required under clause (1) (b) to the provincial director.
Director to inspect premises, room
 90. For the purposes of subsection 173 (1) of the Act, a Director who receives an application for approval of a locked room shall inspect the premises and the room to be approved to determine whether the room can be approved for use for the de-escalation of situations and behaviour involving children or young persons.  Psychotropic Drugs
Psychotropic Drugs
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Psychotropic drugs
 91. (1) The following anti-psychotic drugs are prescribed as psychotropic drugs: 1. Chlorpromazine. 2. Chlorprothixene. 3. Droperidol. 4. Fluphenazine. 5. Fluspirilene. 6. Haloperidol. 7. Loxapine. 8. Mesoridazine. 9. Methotrimeprazine. 10. Pericyazine. 11. Perphenazine. 12. Piperacetazine. 13. Pipotiazine. 14. Prochlorperazine. 15. Promazine. 16. Thiethylperazine. 17. Thiopropazate. 18. Thioproperazine. 19. Thioridazine. 20. Thiothixene. 21. Trifluoperazine. (2) The following anti-depressant drugs are prescribed as psychotropic drugs: 1. Amitriptyline. 2. Amoxapine. 3. Clomipramine. 4. Desipramine. 5. Doxepin. 6. Imipramine. 7. Isocarboxazid. 8. Loxapine. 9. Maprotiline. 10. Nortriptyline. 11. Phenelzine. 12. Protriptyline. 13. Tranylcypromine. 14. Trazodone. 15. Trimipramine. (3) The following sedative and hypnotic drugs are prescribed as psychotropic drugs: 1. Alprazolam. 2. Barbituric Acid Derivatives. 3. Chloral Hydrate. 4. Ethchlorvynol. 5. Flurazepam. 6. Glutethimide. 7. Lorazepam. 8. Methaqualone. 9. Methyprylon. 10. Nitrazepam. 11. Paraldehyde. 12. Temazepam. 13. Triazolam. (4) The following anti-anxiety drugs are prescribed as psychotropic drugs: 1. Alprazolam. 2. Bromazepam. 3. Chlordiazepoxide. 4. Chlormezanone. 5. Clonazepam. 6. Clorazepic acid. 7. Diazepam. 8. Hydroxyzine. 9. Ketazolam. 10. Lorazepam. 11. Meprobamate. 12. Oxazepam. (5) The following anti-hyperkinetic drugs are prescribed as psychotropic drugs: 1. Amphetamine. 2. Deanol. 3. Dextroamphetamine. 4. Methylphenidate. (6) The following anti-manic drug is prescribed as a psychotropic drug: 1. Lithium Carbonate. Adoption
Adoption
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Definitions
 92. In this section and sections 93 to 112, “adoption agency” means a licensee or a society; (“agence d’adoption”) “licensee” means a person acting under the authority of a licence issued by a Director under section 229 of the Act; (“titulaire de permis”) “Part VIII birth parent” means a person, other than a foster parent, who satisfies the criteria set out in section 93; (“parent de naissance - partie VIII”) “VSA birth parent” means a birth parent within the meaning of the Vital Statistics Act. (“parent de naissance - LSEC”)
Part VIII birth parent, criteria
 93. A person who satisfies one of the following criteria in relation to a child is a Part VIII birth parent of the child: 1. A parent of the child under sections 6 to 13 of the Children’s Law Reform Act. 2. An individual who has been found or recognized by a court of competent jurisdiction outside Ontario to be a parent of the child. 3. An individual who, during the 12 months before the child is placed for adoption under Part VIII of the Act, has demonstrated a settled intention to treat the child as a child of the individual’s family, or has acknowledged parentage of the child and provided for the child’s support. 4. An individual who, under a written agreement or a court order, is required to provide for the child, has custody of the child or has a right of access to the child. 5. An individual who acknowledged parentage of the child by filing a statutory declaration under section 12 of the Children’s Law Reform Act as it read before the day subsection 1 (1) of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016 came into force. 6. Any person, other than those referred to in paragraphs 1 to 5, who was required to give consent to the child’s adoption under clause 180 (2) (a) of the Act.
Openness
 94. (1) For the purposes of openness orders under Part VIII of the Act and openness agreements under section 212 of the Act, “openness” includes written, verbal or face to face contact or communication where, (a) the communication may be direct or indirect and may permit the disclosure of identifying or non-identifying information, and (b) the frequency of contact or communication may vary from episodic to ongoing. (2) For the purposes of subsection (1), “non-identifying information” means information which, when disclosed either alone or in combination with other information, does not reveal the identity of the person to whom it relates.
Consent to adoption
 95. (1) For the purposes of clause 180 (4) (b) of the Act, before the parent of a child consents to the adoption of the child under clause 180 (2) (a) of the Act, the adoption agency that is placing the child for adoption shall advise the parent of the matters described in subsection (2) or (3), as the case may be. (2) If the child being placed for adoption has not been previously adopted, the adoption agency shall advise the parent of, (a) the right of persons to obtain non-identifying information under section 9 of Ontario Regulation 158/18 (Adoption Information Disclosure) made under the Act and the categories of persons who are entitled to obtain the information; (b) the right of persons to have their name added to the adoption disclosure register under section 7 of Ontario Regulation 158/18 and the categories of persons who are entitled to have their name added to the register; (c) the right of persons to request a search in cases of severe medical illness under section 11 of Ontario Regulation 158/18 and the categories of persons who are entitled to request the search; and (d) the following rights under the Vital Statistics Act of a person who is an adopted person or a VSA birth parent: (i) the right of an adopted person to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act, (ii) the right of a VSA birth parent to obtain information under section 48.2 of the Vital Statistics Act, (iii) the right of an adopted person and of a VSA birth parent to register a notice of preferred manner of contact under section 48.3 of the Vital Statistics Act, and (iv) the right of an adopted person and of a VSA birth parent to register a notice of a wish not to be contacted under section 48.4 of the Vital Statistics Act. (3) If the child being placed for adoption was previously adopted and is being placed by an adoption agency for a subsequent adoption, whether the parent who gives consent to the subsequent adoption is the adoptive parent who previously adopted the child or any other parent entitled to give consent, the adoption agency shall advise the parent of, (a) the matters described in clauses (2) (a), (b) and (c); and (b) the following rights under the Vital Statistics Act of the person who is an adopted person within the meaning of that Act or of an adoptive parent named in a previous order, judgment or decree of adoption registered under subsection 28 (1) of that Act, or a predecessor of that subsection: (i) the right of an adopted person to obtain uncertified copies of a birth registration and of an adoption order under section 48.1 of the Vital Statistics Act, (ii) the right of an adopted person to obtain uncertified copies of a substituted birth registration under subsection 2 (2) of Ontario Regulation 272/08 (Disclosure of Adoption Information) made under the Vital Statistics Act, and (iii) the right of the adoptive parent under subsection 2 (5) of Ontario Regulation 272/08 to register a notice of preferred manner of contact under section 48.3 of the Vital Statistics Act or a notice of a wish not to be contacted under section 48.4 of that Act.
Licensee to create records re person wishing to adopt, board child
 96. (1) A licensee that receives an application from a person who wishes to receive a child for adoption or to board a child intended to be placed for adoption shall upon receiving the application, (a) record a description of the home of the applicant; and (b) assess the home environment of the applicant including the applicant’s competence and suitability as a foster parent or adoptive parent, as the case may be, and make a record of the assessment. (2) The licensee shall reassess each home environment referred to in clause (1) (b) annually if the applicant continues to wish to receive a child who is a resident of Canada for adoption or if the applicant wishes to board a child intended to be placed for adoption. (3) The licensee shall reassess each home environment referred to in clause (1) (b) every two years if the applicant continues to wish to receive a child who is not a resident of Canada for adoption.
Placement of children, general
 97. (1) An adoption agency shall, with respect to the placement of children, (a) ensure that counselling is made available to each person who is a parent within the meaning of subsection 180 (1) of the Act who is considering relinquishing a child for adoption; (b) recruit prospective adoptive parents for children who are awaiting adoption; (c) ensure that an assessment is conducted of each prospective adoptive parent; (d) ensure that each adoption placement is supervised; (e) ensure that assistance is provided to complete the adoption of children who have been placed by the adoption agency; (f) ensure that post-adoption services are provided to a child who is an adopted person, to the adoptive family and to any other person who is directly affected by the adoption if a request is made for such services; (g) ensure that services related to the disclosure of information that relates to an adoption are provided in accordance with Part VIII of the Act; and (h) ensure that each child awaiting placement for adoption receives residential care if required. (2) An adoption agency shall provide consulting and interviewing space that ensures privacy for all persons involved in the adoption. (3) An adoption agency shall ensure that it has access to the services of, (a) two members of the College of Physicians and Surgeons of Ontario, one of whom is recognized by the College as a member with a specialty in psychiatry; (b) a member of the Ontario College of Social Workers and Social Service Workers who holds a general certificate of registration for social work; (c) a member of the College of Psychologists of Ontario; and (d) a person licensed to practise law under the Law Society Act. (4) When the licensee contemplates placing a child for adoption, the licensee shall ascertain whether the child is a First Nations, Inuk or Métis child. (5) When a licensee forms an intention to place a child who is a First Nations, Inuk or Métis child for adoption, the licensee shall, as soon as possible, give a representative chosen by each of the child’s bands and First Nations, Inuit or Métis communities 30 days written notice of the licensee’s intention to place the child for adoption. (6) From the time when a licensee forms an intention to place a child who is a First Nations, Inuk or Métis child for adoption until the placement of the child for adoption, the licensee shall consider the benefits of an openness agreement between an adoptive parent and a member of the child’s bands and First Nations, Inuit or Métis communities. (7) For greater certainty, a licensee is only required to give notice under subsection (5) to a representative chosen by a child’s First Nations, Inuit or Métis community if the community was listed in a regulation made under subsection 68 (1) of the Act before the day the licensee formed the intention to place the child for adoption.
Approval, designation of persons to visit homes of prospective adoptive parents
 98. A Director may approve, or in the case of a society, a local director may designate persons to visit homes of prospective adoptive parents for the purposes of Part VIII of the Act.
Homestudies and visits
 99. (1) An adoption agency shall, before placing a child for adoption, arrange for the preparation by a person approved or designated as described in section 98 of a report of a homestudy of the prospective adoptive parents. (2) An adoption agency shall ensure that the home of the prospective adoptive parents is visited, as soon as possible and no later than one month after the child is placed by the adoption agency, by a person approved or designated as described in section 98. (3) The adoption agency shall ensure that, subsequent to the visit described in subsection (2), a person described in section 98 visits the home at least two times before the adoption order is made.
Alternative procedures for home visits during the emergency
 99.1 (1) In this section, “public health guidance on physical distancing” means any advice, recommendations and instructions of public health officials on physical distancing. O. Reg. 207/20, s. 2; O. Reg. 505/20, s. 1 (1). (2) Despite the requirements in subsections 99 (2) and (3) and subject to subsection (2.1), the requirements in those subsections to visit the home of a prospective adoptive parent or parents may be deviated from if an adoption agency considers it appropriate to do so after having considered, (a) the feasibility of a home visit being conducted in a way that is consistent with the most recent public health guidance on physical distancing; and (b) whether any risk to the safety and well-being of a child can be adequately assessed through other means and mitigated by taking additional steps, such as more frequent contact with the child and the prospective adoptive parent or parents by telephone or other means or through visits conducted in the community. O. Reg. 207/20, s. 2; O. Reg. 505/20, s. 1 (2). (2.1) No deviation from the requirements referred to in subsection (2) is permitted after the day section 1 of Ontario Regulation 505/20 made under the Act comes into force. O. Reg. 505/20, s. 1 (3). (3) In determining whether to deviate from the requirements referred to in subsection (2), the adoption agency shall consult with the person who would otherwise conduct the home visit, if that person is not an employee of the adoption agency. O. Reg. 207/20, s. 2. (4) Where the adoption agency is a society, a child welfare service supervisor referred to in subsection 18 (1) of Ontario Regulation 156/18 (General Matters under the Authority of the Minister) made under the Act, must approve any deviation from the requirements referred to in subsection (2). O. Reg. 207/20, s. 2. (5) If any of the requirements referred to in subsection (2) are deviated from under this section, the adoption agency shall ensure that a home visit is conducted as soon as reasonably possible in the circumstances, taking into account the most recent public health guidance on physical distancing. O. Reg. 207/20, s. 2. (6) The following information shall be documented by the adoption agency in the case of a deviation from the requirements referred to in subsection (2): 1. The particular requirement in question, including when it is required to be met. 2. The last time the requirement was met or any previous occasions on which the requirement was deviated from, if applicable. 3. Any attempts made to meet the requirement, any rationale for deviating from the requirement and any alternative means to be used to assess and mitigate any risk to the safety and well-being of a child. O. Reg. 207/20, s. 2.
First Nations, Inuk or Métis child, ss. 186 and 187 of the Act
 101. (1) For the purposes of section 186 of the Act, a society is required to give written notice of its intention to begin planning for the adoption of a First Nations, Inuk or Métis child to a representative chosen by a child’s First Nations, Inuit or Métis communities that are listed in a regulation made under subsection 68 (1) of the Act on or before the day the society formed the intention to place the child for adoption. (2) For the purposes of section 187 of the Act, a society is required to consider the importance of developing or maintaining the child’s connection to the child’s First Nations, Inuit or Métis communities that are listed in a regulation made under subsection 68 (1) of the Act on or before the day the child is placed for adoption.
Placement outside of Canada
 102. (1) A child may be taken or sent out of Canada to be placed for adoption if one of the following special circumstances exists: 1. The placement fulfils a special need of the child that is related to or caused by a developmental disability or a behavioural, emotional, physical, mental or other disability. 2. At least one of the prospective adoptive parents is a Canadian citizen. 3. At least one of the prospective adoptive parents is related to the child, including by marriage or adoption. 4. The placement will preserve the child’s cultural background. (2) An adoption agency that intends to take or send a child out of Canada to be placed for adoption shall, before taking or sending the child, prepare a placement plan that, (a) includes a copy of the report of an adoption homestudy of the person with whom placement is proposed; (b) includes a statement of the health care to be provided for the child, including particulars of health insurance coverage for the child; (c) includes a statement of the arrangements made for the care of the child in the event of an adoption breakdown; (d) specifies the agency that will be supervising the child during the placement and a description of the proposed supervision; (e) includes a description of the provisions made for the child’s education during the placement; (f) includes a description of the adoption law in the jurisdiction of the placement and an opinion by a qualified legal practitioner in that jurisdiction as to whether or not the child can be adopted under that law; and (g) includes a description of the immigration and citizenship laws in the jurisdiction of the placement and an opinion by a qualified legal practitioner in that jurisdiction as to whether or not the child can enter the jurisdiction and obtain citizenship under those laws. (3) A licensee that prepares a placement plan referred to in subsection (2) shall file a copy of the plan with a Director before the Director’s approval or refusal is given under subsection 188 (3) of the Act. (4) No child shall be taken or sent out of Canada to be placed for adoption until the 21-day period for withdrawing a consent under subsection 180 (8) of the Act has expired. (5) No child who is seven or older shall be taken or sent out of Canada to be placed for adoption unless the child consents to the placement. (6) If a licensee intends to take or send a child out of Canada to be placed for adoption and the child has not been placed within 120 days after a Director has approved the placement under subsection 188 (3) of the Act, the licensee shall, as soon as possible after the expiration of the 120-day period, notify a Director in writing that the child has not been placed for adoption and give reasons why the child has not been placed for adoption.
Placement in Ontario or elsewhere in Canada
 103. (1) If a licensee is unable to place a child for adoption in Ontario within 60 days after a Director has approved the placement under subsection 188 (3) of the Act, the licensee shall, as soon as possible after the expiration of the 60-day period, notify a Director in writing that the child has not been placed for adoption and give reasons why the child has not been placed for adoption. (2) If a licensee intends to take or send a child out of Ontario to be placed for adoption outside of Ontario but within Canada and the child has not been placed within 60 days after a Director has approved the placement under subsection 188 (3) of the Act, the licensee shall, as soon as possible after the expiration of the 60-day period, notify a Director in writing that the child has not been placed for adoption and give reasons why the child has not been placed for adoption. (3) No child shall be removed from Canada after being placed for adoption in Ontario until the 21-day period for withdrawing a consent under subsection 180 (8) of the Act has expired. (4) No child who is seven or older shall be removed from Canada after being placed for adoption in Ontario unless the child consents to the placement.
Application for hearing
 104. An application requesting a hearing under subsection 188 (5), 189 (5) or 190 (4) of the Act shall be submitted to the Board in writing.
Application for review of decision to refuse to place child or to remove child after placement
 105. (1) An application requesting a review of a decision under subsection 192 (3) of the Act shall be submitted to the Board in writing. (2) For the purposes of subsection 192 (7) of the Act, the following additional practices and procedures are prescribed: 1. Within seven days of receipt of an application for a review under subsection 192 (3) of the Act, the Board shall give the applicant written notice of whether the applicant is eligible for a review under section 192 of the Act. 2. If the Board determines that the applicant is eligible for a review, the notice referred to in paragraph 1 shall set out the date and time of the hearing and shall be sent to all parties. 3. The application for review shall be heard by the Board no later than 20 days after the day the applicant received notice of eligibility under paragraph 1. 4. A decision and reasons under subsection 192 (11) of the Act shall be sent to the parties no later than 10 days after the end of a hearing. (3) Notice under subsection (2) may be given by regular mail or by fax. (4) If notice is sent by regular mail, it shall be sent to the most recent address known to the adoption agency and is deemed to be received by the applicant on the fifth day after it is mailed. (5) If notice is sent by fax, it is deemed to be received on the day after it is sent, unless that day is a holiday, in which case the copy is deemed to be received on the next day that is not a holiday.
New community listed, decision already made by adoption agency
 106. (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 an adoption agency makes a decision described in subsection 192 (1) of the Act in respect of a child; and (b) the new First Nations, Inuit or Métis community listed is one of the child’s communities. (2) If the time for applying for a review as mentioned in subsection 192 (3) of the Act has not expired before the day the new First Nations, Inuit or Métis community is listed, the adoption agency shall give notice to any representative of the new community in accordance with clause 192 (2) (c) of the Act. (3) If the time for applying for a review as mentioned in subsection 192 (3) of the Act has expired before the day the new First Nations, Inuit or Métis community is listed, clause 192 (2) (c) 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 192 (6) 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 192 (9) of the Act does not apply.
Director’s review
 107. (1) In conducting a review under subsection 193 (3) of the Act, a Director may make such inquiries as the Director considers appropriate and may require the adoption agency that gave notice under subsection 193 (1) or (2) of the Act to provide such information or documentation as the Director may specify within a specified time period. (2) The adoption agency that receives a request for information or documentation under subsection (1) shall comply with the request within the specified time period. (3) Upon completing the review, a Director may, (a) make recommendations to the adoption agency that gave notice under subsection 193 (1) or (2) of the Act respecting the plan for placement of the child named in the notice; and (b) direct the adoption agency to report back to the Director in such manner or within such time period as the Director may specify and to include in the report such information as the Director may specify.
Expenses
 108. The following expenses incurred by a licensee are expenses that may be charged by a licensee to an adoptive parent or a prospective adoptive parent: 1. Expenses incurred to prepare a social and medical history of a child who is adopted or who is intended to be adopted and to prepare a social and medical history of a person who is a parent of the child. 2. Expenses incurred to conduct and prepare a homestudy of prospective adoptive parents. 3. Expenses incurred to provide residential care for a child awaiting adoption placement. 4. Expenses incurred to provide counselling services for a person who is a parent of a child, within the meaning referred to in subsection 180 (1) of the Act, regarding the parent’s decision to relinquish the child for adoption. 5. Expenses incurred to provide transportation relating to the placement of a child for adoption. 6. Expenses incurred to provide supervision of an adoption placement. 7. Expenses incurred with respect to the administration of an adoption. 8. Expenses incurred to provide post-adoption services that are considered by a Director as being necessary to ensure the success of an adoption. 9. In addition to the matters referred to in paragraphs 1 to 8, expenses incurred with respect to any other services that in the opinion of the Director are necessary to ensure the success of an adoption.
Acknowledgement of adoption placement
 109. A licensee shall, as soon as possible upon receiving an acknowledgment of adoption placement, file a copy of the acknowledgment with a Director. Adoption Licensing
Adoption Licensing
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Fee
 110. There is no fee payable by an applicant for a licence or renewal of a licence to place children for adoption.
Duration of licence
 111. A Director may issue or renew a licence for such period, not to exceed one year, as the Director determines is proper in the circumstances.
Licence to be kept on premises
 112. A licence or a provisional licence to place children for adoption shall be kept on the premises of the licensee who shall ensure that the licence is available for inspection by any person. Residential Licensing
Residential Licensing
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Exclusions from definition of “children’s residence”
 112.1 The following places are prescribed for the purposes of paragraph 12 of the definition of “children’s residence” in section 243 of the Act: 1. Any places where boarding or lodging is provided by a school or private school as defined in the Education Act to children enrolled in the school. O. Reg. 72/22, s. 12.
Licensing applications
 113. After receiving an application for a licence or renewal of a licence to operate a children’s residence or to provide residential care in places that are not children’s residences, a Director may inspect or have inspected the premises that is being used or will be used as a children’s residence or to provide residential care by the applicant for the purposes of determining the eligibility of the applicant for the licence or renewal.
Application fees
 114. (1) The following regions are designated for the purposes of this section: 1. The Central Region, being the counties of Dufferin and Simcoe and the regional municipalities of Halton, York, Peel, Wellington and Waterloo. 2. The East Region, being the counties of Frontenac, Hastings, Lanark, Lennox and Addington, Northumberland, Peterborough, Prince Edward and Renfrew, the County of Haliburton, the united counties of Leeds and Grenville, Stormont, Dundas and Glengarry and Prescott and Russell and the regional municipalities of Durham, Kawartha Lakes and the city of Ottawa. 3. The North Region, being the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming, the Regional Municipality of Greater Sudbury and the District Municipality of Muskoka. 4. Toronto Region, being the city of Toronto. 5. The West Region, being the counties of Brant, Bruce, Chatham-Kent, Elgin, Essex, Grey, Huron, Lambton, Middlesex, Oxford and Perth and the regional municipalities of Haldimand-Norfolk, Niagara and Hamilton. (2) Subject to subsection (3), the fee payable by an applicant for a licence or to renew a licence to operate a children’s residence is $100. (3) There is no fee payable by an applicant for a licence or to renew a licence to operate a children’s residence if, in the three-year period preceding the day on which the application is made, the applicant has paid the fee under subsection (2) with respect to a children’s residence located in the same region as the children’s residence to which the current application relates. (4) Subject to subsection (5), the fee payable by an applicant for a licence or to renew a licence to provide residential care in places that are not children’s residences is $100 for each region in which the applicant intends to provide residential care in places that are not children’s residences. (5) There is no fee payable by an applicant for a licence or to renew a licence to provide residential care in places that are not children’s residences for a region in which the applicant intends to provide residential care if, in the three-year period preceding the day on which the application is made, the applicant paid the fee under subsection (4) for that region in the context of a previous application for a licence or to renew a licence to provide residential care in places that are not children’s residences. (6) A Director may refund to an applicant a fee paid under this section if no licence is subsequently issued to the applicant.
Application fees during the emergency
 114.1 (1) This section applies until the emergency declared by the Lieutenant Governor in Council on March 17, 2020 under section 7.0.1 of the Emergency Management and Civil Protection Act in the whole of the Province of Ontario as a result of the outbreak of the coronavirus (COVID-19) is terminated. O. Reg. 207/20, s. 3. (2) Despite section 114, until the emergency is terminated there is no fee payable for the purposes of clause 254 (1) (d) of the Act by an applicant for a licence or the renewal of a licence to operate a children’s residence or to provide residential care in places that are not children’s residences. O. Reg. 207/20, s. 3.
Minister’s directives
 115. The following matters are prescribed for the purposes of subsection 252 (1) of the Act: 1. Any matter that is required under Part IX of the Act to be done in accordance with the directives. 2. Training on the provision of residential care under the authority of a licence issued under Part IX of the Act. 3. Monitoring and evaluating the outcomes of children and young persons receiving residential care under the authority of a licence issued under Part IX of the Act. 4. The responsiveness to the cultural needs of children and young persons receiving residential care provided under the authority of a licence issued under Part IX of the Act. 5. Policies and procedures to protect the health of children and young persons receiving residential care under the authority of a licence issued under Part IX of the Act. O. Reg. 155/18, s. 115; O. Reg. 72/22, s. 13. 116. Omitted (provides for amendments to this Regulation). 117. Omitted (provides for coming into force of provisions of this Regulation).  Français