80.3
 80.3 (1) Subject to subsection (4), a licensee who holds a licence issued under Part IX (Residential Licensing) of the Act shall ensure that the following persons, with the exception of persons described in subsection (2), have the qualifications described in subsection (3): 1. Any persons employed or otherwise engaged by the licensee to provide direct care to, or supervise, a child or young person in a children’s residence or another place where residential care is provided under the authority of the licensee’s licence. 2. Any persons employed or otherwise engaged by the licensee to supervise persons described in paragraph 1. O. Reg. 350/22, s. 7. (2) Subsection (1) does not apply with respect to, (a) foster parents; (b) persons with whom a child has been placed for adoption under Part VIII (Adoption and Adoption Licensing) of the Act; and (c) volunteers providing services in a children’s residence or another place where residential care is provided under the authority of a licence. O. Reg. 350/22, s. 7. (3) The qualifications mentioned in subsection (1) are, (a) holding a certificate, diploma or degree that meets the requirements set out in subsection (5); (b) having experience and skills that are directly relevant to, (i) the duties of the person in question, (ii) the program provided by the licensee, and (iii) the needs of the children or young persons served by the licensee; or (c) being a First Nations, Inuk or Métis Elder, Knowledge Keeper, Healer, Medicine Person, Traditional Person or Cultural Person and possessing, in that capacity, cultural knowledge and skills that are directly relevant to the matters referred to in subclauses (b) (i) to (iii). O. Reg. 350/22, s. 7. (4) A licensee who holds a licence issued under Part IX of the Act may employ or otherwise engage a person who does not have the qualifications described in subsection (3) to perform the activities described in paragraphs 1 or 2 of subsection (1) if the person is enrolled in a program to obtain a certificate, diploma or degree that meets the requirements set out in subsection (5), in which case the licensee shall, (a) ensure that the person is supervised, while engaging in those activities, by a person who has any of the qualifications described in subsection (3); and (b) verify, at least once every twelve months, that the person is enrolled in the program. O. Reg. 350/22, s. 7. (5) For the purposes of clause (3) (a), a certificate, diploma or degree must meet the following requirements: 1. The program that led to the issuance of the certificate, diploma or degree must have, i. included content, both academic and practical, that is directly relevant to, A. the duties of the person in question, B. the program provided by the licensee, and C. the needs of the children or young persons served by the licensee, and ii. received any approvals required by the legislation governing the educational institution that issued the certificate, diploma or degree in question. 2. The certificate, diploma or degree must have been issued by, i. a university or other post-secondary institution in Ontario that, at the time the program leading to the certificate, diploma or degree is completed, is authorized to grant degrees by an Act of the Legislature or an Act of the Parliament of Canada, ii. in respect of a certificate, diploma or degree that constitutes a degree within the meaning of the Post-secondary Education Choice and Excellence Act, 2000, a person that, at the time the program leading to the certificate, diploma or degree is completed, has the consent of the Minister of Training, Colleges and Universities under section 4 of that Act to offer the program, iii. a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, iv. a private career college providing a vocational program that has been approved under the Private Career Colleges Act, 2005, Note: On January 1, 2024, the day section 1 of Schedule 29 to the Less Red Tape, Stronger Economy Act, 2023 comes into force, subparagraph 2 iv of subsection 80.3 (5) of the Regulation is revoked and the following substituted: (See: O. Reg. 351/23, s. 1) iv. a
career college providing a vocational program that has been approved under the Ontario Career Colleges Act, 2005, v. an Indigenous Institute prescribed by a regulation made under section 6 of the Indigenous Institutes Act, 2017, vi. a board as defined in the Education Act, but only in the case of a personal support worker program, or vii. an educational institution outside of Ontario, provided that the certificate, diploma or degree is substantially similar to one that could have been issued by an educational institution otherwise described in this paragraph. O. Reg. 350/22, s. 7. (6) A licensee who holds a licence issued under Part IX of the Act shall, in respect of each person employed by or otherwise engaged by the licensee to perform the activities described in paragraphs 1 or 2 of subsection (1), ensure that the person’s job title and a description of the their responsibilities is maintained in the person’s file, in addition to the following: 1. In the case of a person who holds a certificate, diploma or degree that meets the requirements of subsection (5), i. a copy of the person’s certificate, diploma or degree or another document prepared by the relevant educational institution indicating that the certificate, diploma or degree was issued to the person, and ii. a description of how the content of the program leading to the certificate, diploma or degree, as the case may be, is directly relevant to the matters referred to in subparagraph 1 i of subsection (5). 2. In the case of a person who is enrolled in a program to obtain a certificate, diploma or degree that meets the requirements of subsection (5) and who does not otherwise have the qualifications required by this section, i. a description of the program that the person is enrolled in, ii. details of who is responsible for supervising the person, including a description of their qualifications as they relate to the requirements of this section, and iii. an indication of when the licensee last verified that the person was enrolled in the program under clause (4) (b). 3. In the case of a person who has experience and skills referred to in clause (3) (b), i. a description of the experience and skills that the person has that are directly relevant to the matters referred to in that clause, and ii. an indication of whether the person is a First Nations, Inuk or Métis Elder, Knowledge Keeper, Healer, Medicine Person, Traditional Person or Cultural Person. 4. In the case of a First Nations, Inuk or Métis Elder, Knowledge Keeper, Healer, Medicine Person, Traditional Person or Cultural Person who possesses the cultural knowledge and skills referred to in clause (3) (c), an indication that the person is a First Nations, Inuk or Métis Elder, Knowledge Keeper, Healer, Medicine Person, Traditional Person or Cultural Person possessing such knowledge and skills. O. Reg. 350/22, s. 7. (7) A licensee who holds a licence issued under Part IX of the Act shall maintain and keep up to date written policies and procedures for verifying whether a person to be employed or engaged by the licensee to perform the activities described in paragraphs 1 or 2 of subsection (1) possesses the qualifications required by this section. O. Reg. 350/22, s. 7. Operation of a Children’s Residence