jswizzle3737/ontario_laws_and_regs huggingface dataset:
Matters to take into account
 2. (1) Each staff member of a lodging shall, in making a decision about a student that significantly affects or is likely to significantly affect the student’s well-being, take into account the student’s identity characteristics and whether the student is from a region that is different from the region in which the student’s lodging is located. (2) In addition to complying with subsection (1), when providing lodging programs and services to First Nations, Inuit or Métis students, each staff member shall take into account the student’s cultures, heritages, traditions, connection to community and the concept of the extended family.
Superintendent, director
 3. (1) The superintendent of a school is responsible for the operation and management of the lodging of the school, including the operation and management of the lodging programs and services and the administration of the finances and personnel of the lodging. (2) The superintendent shall ensure that the policies, procedures and individualized plans required under this Regulation are implemented in the lodging. (3) The director shall ensure that complete records are kept at the lodging of compliance with the applicable requirements of the following, including records of any inspections and actions taken at the lodging in response to any finding of non-compliance: 1.  Any laws respecting the health of the inhabitants. 2.  Any direction or order of a medical officer of health, their designate, the Chief Medical Officer of Health or an Associate Chief Medical Officer of Health. 3.  Any law for the protection of persons from fire hazards, including the Fire Code and any by-law of a municipality respecting the protection of persons from fire hazards. 4.  Any zoning by-law of a municipality passed pursuant to the Planning Act or any predecessor of that Act. 5.  The Building Code. 6.  Regulation 860 of the Revised Regulations of Ontario, 1990 (Workplace Hazardous Materials Information System (WHMIS)) made under the Occupational Health and Safety Act.
Student support manager
 4. (1) The superintendent of a school shall appoint, in writing, a student support manager to be responsible for the day-to-day operation and management of the lodging of the school. (2) The superintendent or the student support manager shall designate another person to exercise the student support manager’s powers and duties in the student support manager’s absence.
Student support counsellor
 5. A student support counsellor of a lodging shall, (a)  be responsible for the area within the lodging assigned to them by the student support manager and provide for the safety, health, comfort and well-being of students in the area; (b)  assist in maintaining spirit, morale and discipline in the lodging; (c)  carry out such supervisory duties as may be assigned to them by the student support manager; and (d)  co-operate with staff members of the lodging and of the school in all matters affecting the lodging and the school.
Policies and procedures re lodging programs and services
 7. The policies and procedures referred to in clause 6 (1) (b) shall require that lodging programs and services be provided in a manner that, (a)  supports student education and helps students develop to their full potential; (b)  promotes the safety, security, dignity and privacy of students; (c)  allows students to express views about matters that affect their interests; (d)  respects students’ need for continuity of care and for stable relationships within a family and cultural environment; (e)  takes into account students’ physical, emotional, spiritual, mental, academic and developmental needs and differences among students; and (f)  takes into account students’ identity characteristics and whether a student is from a region that is different from the region in which the student’s lodging is located. Requirements re Staff
Requirements re Staff
nan
Orientation re policies and procedures
 8. (1) The student support manager of a lodging shall ensure that each staff member of the lodging reviews any policies and procedures of the lodging identified by the superintendent, (a)  within 30 days after commencing their employment in the lodging; and (b)  at least once in every year following the year in which the staff member commences their employment in the lodging. (2) The student support manager shall keep a record of when a staff member completes a review referred to in subsection (1) and the record shall include the signature of the staff member and of the student support manager, and shall be placed in the staff member’s employee file.
Qualifications
 9. (1) The director of a school continued under subsection 13 (1) or (3.1) of the Act shall ensure that each student support counsellor of the lodging whose area of responsibility within the lodging includes students who are deaf, hard of hearing, or deafblind, is able to communicate in, (a)  Quebec Sign Language, in the case of a school continued under subsection 13 (3.1) of the Act; or (b)  American Sign Language, in the case of a school designated in subsections 2 (2) to (4) of Regulation 296 of the Revised Regulations of Ontario, 1990 (Ontario Schools for the Blind and the Deaf) made under the Act. (2) The director may grant a person an exemption from the requirement in subsection (1) if the director reasonably determines that the exemption is warranted based on the operational needs of the lodging. (3) An exemption may be granted for a period of up to one year and may be renewed for further periods of up to one year each. (4) A student support counsellor of a lodging of a school continued under subsection 13 (1) or (3.1) of the Act shall communicate with a student in the language referred to in clause (1) (a) or (b) if it is the student’s language of choice. (5) The student support manager of a lodging shall ensure that each staff member of the lodging has the following certifications prior to commencing employment in the lodging, or obtains the certifications as soon as possible after commencing employment, and maintains the certifications while employed in the lodging: 1.  A certification in standard first aid. 2.  A certification in cardiopulmonary resuscitation to the Basic Rescuer level. 3.  If the staff member of the lodging will transport students in a motor vehicle, a certification in advanced defensive driving. (6) The student support manager shall ensure that, prior to commencing employment in the lodging, or as soon as possible after commencing employment, each staff member of the lodging completes training in promoting the awareness and understanding of human rights and anti-discrimination in order to provide culturally responsive lodging programs and services. (7) The student support manager shall, prior to commencing employment in the lodging, or as soon as possible after commencing employment, complete training in behaviour management systems. (8) The student support manager shall ensure that, prior to commencing employment in the lodging, or as soon as possible after commencing employment, each student support counsellor completes training in behaviour management systems.
Evening and overnight ratios
 10. (1) The superintendent of a school shall ensure that the lodging of the school has sufficient staff during the evening and overnight periods to comply with this section. (2) During the evening period described in subsection (3), there shall be at least one student support counsellor on duty in the lodging for every eight students. (3) The evening period is the period beginning immediately after the end of the instructional day or, on a day that is not an instructional day, beginning upon the student’s arrival at the lodging and ending at 11 p.m., or at such other time as the superintendent may reasonably determine as the end of the evening period. (4) During the overnight period described in subsection (5), there shall be at least two student support counsellors on duty in the lodging, including one student support counsellor assigned to each area occupied by students within the lodging and one student support counsellor who shall rotate between areas. (5) The overnight period is the period beginning at 11 p.m., or at such other time as the superintendent may reasonably determine as the beginning of the overnight period, and ending at the beginning of the following instructional day. (6) Subsection (5) applies to overnight periods where the following day is an instructional day. Requirements re Premises
Requirements re Premises
nan
Maintenance and inspections
 12. (1) The superintendent of a school shall ensure that the lodging of the school is maintained in a manner that supports the safety and well-being of students. (2) Without limiting the generality of subsection (1), the superintendent shall, (a)  ensure that the premises, including the grounds, is kept safe and clean and any materials, equipment or furnishings in the premises are clean and in good working order; (b)  ensure that any appliance, as defined in the Fire Code, in the lodging is maintained in a good state of repair and inspected at least once every 12 months by a qualified individual and maintain a record of each inspection; and (c)  maintain records of renovations or repairs to the lodging, as well as any required inspections of the renovations or repairs.
Fire safety
 13. The student support manager of a lodging shall ensure that, (a)  a fire safety inspection of the lodging is conducted each night that includes inspecting the kitchen and laundry areas and ensuring that all doors to stairwells, fire doors and smoke barrier doors are closed; and (b)  each staff member of the lodging is trained in the proper use of a fire extinguisher and that a record is kept of each training session.
Policies and procedures re fires and emergencies
 14. (1) The policies and procedures referred to in clause 6 (1) (j) respecting fires and emergencies shall, (a)  set out the roles and responsibilities of staff members of the lodging in the event of a fire or other emergency; (b)  establish a procedure, including designating a place of short-term shelter, for situations in which the lodging needs to be evacuated because of a fire or other emergency; and (c)  require that drills respecting emergencies other than fires be held at least six times during each school year. (2) The student support manager of a lodging shall, (a)  review and update the fire policies and procedures in accordance with the Fire Code; (b)  review and update the emergency policies and procedures as often as is necessary to ensure the safety of all persons in the lodging but at least once every 12 months and after any changes to the lodging or in the student population, if necessary; (c)  ensure that all persons working in the lodging are familiar with the fire and emergency policies and procedures, and are instructed on the procedures to be followed when a fire alarm is activated or a fire is discovered, including their roles and responsibilities; (d)  ensure that all students are, upon admission, instructed in a manner suitable to their age and stage of development on the procedures to be followed when a fire alarm is activated or a fire is discovered; (e)  create an individual fire and emergency evacuation plan for students who need assistance, and review the plan at least annually and update the plan as needed; (f)  ensure that the fire alarm is used to initiate fire drills; (g)  ensure that at least one fire drill is held every month during each school year; and (h)  review and sign a record of each fire drill, which shall be kept for 12 months after the fire drill. Nutrition, Health and Medical Matters
Nutrition, Health and Medical Matters
nan
Food and nutrition
 15. (1) The superintendent of a school shall ensure that a supply of drinking water is maintained in the lodging of the school that is sanitary and adequate for the requirements of the lodging, as confirmed by a medical officer of health or their designate. (2) The student support manager of a lodging shall ensure that, (a)  drinking water is available to students at all times; (b)  students receive well-balanced meals and snacks that are nutritionally adequate for their physical growth and development and respect the food preferences, culture, traditions and creed of the students; (c)  if special foods are recommended by a student’s physician or registered nurse in the extended class, they are provided to the student; (d)  a student’s reasonable access to food and kitchen facilities is not restricted to meal or snack times unless specifically provided for in their student development plan; and (e)  all food or drink is stored, prepared and served so as to retain maximum nutritive value and prevent contamination. (3) The student support manager shall keep all records relating to any inspections of kitchens in the lodging by a medical officer of health or their designate, and shall ensure that any directions or orders made by the medical officer of health or their designate are implemented.
First aid kit
 16. The student support manager of a lodging shall ensure that, (a)  the lodging is equipped with a first aid kit that includes an up-to-date first aid manual; (b)  the contents of the kit are maintained and replenished as necessary; (c)  the kit is kept in a location that is accessible to persons working in the lodging; and (d)  all persons working in the lodging are made aware of the location of the kit.
Health information
 17. (1) Upon admission of a student to the lodging and annually thereafter, the superintendent of the school shall ensure that the following information is obtained from the persons referred to in subsection (2): 1.  Any medical treatment that the student is receiving. 2.  Any medication that the student is taking. 3.  Any allergy or physical ailment from which the student is suffering. 4.  Any physical or psychological needs of the student. (2) For the purposes of subsection (1), the persons are, (a)  the student’s parent, in respect of a student under 16 or a student who is over 16 but unable to provide the information, but not in respect of a student who is 16 or 17 who has withdrawn from parental control; (b)  the student and the student’s parent, in respect of a student who is 16 or 17 who has not withdrawn from parental control and is able to provide the information; and (c)  the student, in respect of a student who is able to provide the information and is at least 18 or is 16 or 17 and has withdrawn from parental control. (3) The superintendent shall ensure that any treatment or medication is continued, as necessary, to promote the health and safety of the student.
Policies and procedures re health
 18. The policies and procedures referred to in clause 6 (1) (k) respecting students’ health shall provide for, (a)  access by students to community health services; (b)  arrangements for a physician or a registered nurse to advise the student support manager on an ongoing basis on the medical care required by each student; (c)  the maintenance of records relating to each student’s general health, vision and hearing health; and (d)  physical activities and health programming for students outside of school hours.
Medication
 19. (1) The student support manager of a lodging shall ensure that, (a)  medication is administered to a student only if, (i)  a parent or, where appropriate, the student, has consented, (ii)  the medication is administered under the general supervision of a staff member of the lodging or of the school who is trained in the administration of medication, and (iii)  in the case of prescription medication, the medication has been prescribed by a physician or registered nurse in the extended class; (b)  all medication to be administered to students is stored in a secure area, which is accessible only to staff members of the lodging whom the student support manager has authorized to have access; (c)  medication is self-administered by a student only if, (i)  a parent or, where appropriate, the student, has consented, (ii)  in the opinion of a physician or a registered nurse, the student is capable of administering their own medication, and (iii)  in the case of prescription medication, (A)  a physician or a registered nurse creates a written self-medication plan for the student, reviews the plan at least annually and updates the plan as needed, and (B)  the medication is stored in an individual lockable storage container, or is otherwise stored according to the plan; (d)  a record is kept of all medication administered to or by each student that includes, (i)  the medication administered, (ii)  the period for which the medication is prescribed, if applicable, (iii)  when each dose of the medication is supposed to be administered to or by the student in accordance with the prescription, if any, and (iv)  when each dose of medication is actually administered to or by the student. (2) The records about administration of prescription medication shall be made available on request to the student, the student’s parents where appropriate, or to the prescribing physician or registered nurse in the extended class. (3) The policies and procedures referred to in clause 6 (1) (l) respecting medication shall require the documentation of medication errors.
Communicable diseases
 20. The student support manager of a lodging shall ensure that a person with a communicable disease is isolated from other persons in the lodging who have not been infected by the disease, if isolation of the person is considered necessary by a physician or a registered nurse. Admission and Orientation
Admission and Orientation
nan
Admission to lodging
 21. (1) The student support manager of a lodging shall ensure that, upon admission of a student to the lodging, the student is informed of, (a)  the lodging and the lodging programs and services; (b)  the policies and procedures referred to in clause 6 (1) (j) respecting fires and emergencies; (c)  the policies and procedures referred to in clause 6 (1) (s) respecting student discipline; (d)  the policies and procedures referred to in clause 6 (1) (v) respecting the process for raising and resolving complaints; (e)  any other policies and procedures determined by the student support manager; and (f)  the existence of the Ombudsman, the Ombudsman’s functions under subsection 14 (1) and clause 14 (1.3) (b) of the Ombudsman Act and how the Ombudsman may be contacted. (2) The student support manager shall ensure that, upon admission of a student to the lodging, or as soon as possible thereafter, the student’s parents receive a copy of the service agreement referred to in section 22. (3) If the student support manager is of the opinion that the student would benefit from having the service agreement, the student support manager shall also ensure that, upon admission of the student to the lodging, or as soon as possible thereafter, the student receives a copy.
Service agreement
 22. (1) A written service agreement shall be signed by the student support manager of a lodging and the persons referred to in subsection (2) at the time of a student’s admission to the lodging or as soon as possible thereafter. (2) For the purposes of subsection (1), the persons are, (a)  the student’s parent, in respect of a student under 16 or a student who is over 16 but unable to sign the agreement, but not in respect of a student who is 16 or 17 who has withdrawn from parental control; (b)  the student and the student’s parent, in respect of a student who is 16 or 17 who has not withdrawn from parental control and is able to sign the agreement; and (c)  the student, in respect of a student who is able to sign the agreement and is at least 18 or is 16 or 17 and has withdrawn from parental control. (3) The service agreement shall, (a)  set out the responsibility of the parent, (i)  to supply on request of the student support manager personal and other items necessary to enable the student to participate in school and lodging programs and services, (ii)  to provide transportation and escort for the student where necessary to ensure regular attendance if such transportation and escort is not otherwise provided, (iii)  to guarantee payment for matters reasonably determined by the student support manager to be outside the scope of the lodging programs and services and to promote the health, safety or well-being of the student, (iv)  to supply medication that the student is taking and provide information and direction to the superintendent regarding their administration, (v)  to provide the student with money for personal spending, and (vi)  to notify the student support manager promptly of the reason for any absences of the student; (b)  include the consent of the persons referred to in subsection (2), (i)  for care to be provided for the student, and (ii)  for the student support manager to obtain any additional records, reports and information concerning the student as are necessary to provide care for the student; and (c)  include provisions respecting emergency medical treatment for the student, the administration of medication to the student and the self-administration of medication by the student. (4) If requested by a person referred to in subsection (2), the student support manager shall review and update the service agreement.
Student lodging file
 24. (1) The superintendent of a school shall ensure that a student lodging file that includes the following is created and kept up to date for each student admitted to the lodging of the school: 1.  The student’s full name, gender and birth date. 2.  The date the student was admitted into the lodging. 3.  The name, address and home, cell and work telephone numbers of the student’s parents. 4.  The names of persons to be contacted in the event of an emergency. 5.  A copy of any incident record referred to in section 26 or report referred to in section 27 involving or affecting the student. 6.  Documentation related to disciplinary actions administered on a student in the course of providing lodging programs and services to the student. 7.  Information about the student’s identity characteristics, including details of any accommodations that the student requires. 8.  Information about complaints made under the policies and procedures referred to in clause 6 (1) (v) and how they were resolved. 9.  All records of medical examinations and treatments given to the student after the date of their admission to the lodging, including health information described in subsection 17 (1). 10.  A copy of the student’s service agreement referred to in section 22, including any updated version of the agreement and particulars of any reviews of the agreement. 11.  Any individualized plans for the student and the particulars of any reviews of the plans. 12.  Other information or documents necessary to meet the student’s needs in the lodging programs and services. (2) A student lodging file shall be kept for twenty years after the student is discharged from or graduates from the school. (3) The student support manager of a lodging may authorize a person to access a student lodging file for, (a)  the purpose of delivering educational programs in the school or lodging programs and services to the student while the student is enrolled in the school; or (b)  the purpose set out in the authorization, if the student has been discharged from or has graduated from the school. (4) The student support manager shall ensure that student lodging files are kept secure and are not accessible to anyone other than those authorized under subsection (3) or anyone otherwise authorized by law.
Lodging log
 25. (1) The student support manager of a lodging shall ensure that the staff member of the lodging identified for the purpose for each shift completes a log that includes the following information respecting the shift: 1.  Information about the general activities that occurred. 2.  Regular observations of each student, both during the day and overnight. 3.  Information about any nightly or weekly safety inspections that were performed, including the inspection required under clause 13 (a). 4.  Information about the administration of medication to a student. 5.  Information about students’ whereabouts, including at the lodging and elsewhere, and the times that a student left the lodging and returned to the lodging. 6.  Information about any visitors to the lodging. 7.  The names of any other staff members of the lodging on duty. 8.  Information about disciplinary actions administered by a staff member on a student. 9.  Information about any complaints made verbally by a student, parent or another person representing the student regarding concerns about any matter respecting the lodging programs and services. 10.  A summary of any event that occurred that affects the health, safety or well-being of a person working in the lodging or a student or may, in the opinion of the student support manager, affect the health, safety or well-being of a person working in the lodging or a student. (2) Each log shall be signed by the staff member who completes the log and the student support manager. (3) The logs shall be kept in a secure place that is accessible only to persons whom the student support manager has authorized.
Incident record
 26. (1) The first staff member of a lodging who becomes aware of any event that affects the health, safety or well-being of a person working in the lodging or a student or that may, in the opinion of the staff member, affect the health, safety or well-being of a person working in the lodging or a student shall create an incident record of the event as soon as possible. (2) Despite subsection (1), a staff member of a lodging is not required to create an incident record in respect of an occurrence described in subsection 27 (1). (3) The incident record shall include the following details about the event: 1.  A description of the event. 2.  The date and time the event occurred. 3.  The name and title of the staff member completing the incident record. 4.  The name of any students involved. 5.  The name and title of any person involved in the event, together with details of their contributions to the incident record, if any. 6.  A description of any communications with parents related to the event. 7.  A description of the follow-up actions that were taken. (4) A copy of the incident record shall be provided to the student support manager within 24 hours of the event.
Serious occurrences
 27. (1) A staff member of a lodging who becomes aware of any of the following occurrences shall ensure that the occurrence is reported to the persons listed in subsection (3) within 24 hours of the occurrence: 1.  A student dies. 2.  A student is seriously injured. 3.  A student develops a serious illness or a student’s existing illness worsens significantly. 4.  A student is abused or mistreated or there is an allegation of abuse or mistreatment of a student. 5.  A person working in the lodging uses a physical restraint on a student. 6.  A complaint is made by or about a student that the student support manager of the lodging considers to be of a serious nature. 7.  A medication error occurs. 8.  A breach or potential breach of privacy of a student occurs. 9.  A fire or other emergency occurs in the lodging while a student is present. 10.  A student commits a serious breach of the code of conduct or of the policies and procedures referred to in clause 6 (1) (f), (g), (h), (j), (k), (m), (s), (u) or (w). 11.  Any other action or omission by a student results in harm, or the risk of harm, to the student or others. 12.  Any other serious occurrence concerning a student takes place. (2) If a student is absent from the lodging without permission and there is reason to fear for the student’s safety the student support manager shall immediately report the absence to the persons listed in subsection (3). (3) The following are the persons mentioned in subsections (1) and (2): 1.  The student’s parents. 2.  The principal of the school. 3.  The superintendent of the school. 4.  The manager of the regional office of the Ministry that is designated by the Minister to receive reports under this section from the lodging. 5.  The inspector appointed under section 13.2 of the Act who is assigned to the lodging. 6.  In the case of an occurrence described in paragraph 1 or 2 of subsection (1) or an absence described in subsection (2), the police force having jurisdiction in the area where the lodging is located. Note: On the day section 2 of Schedule 3 to the Comprehensive Ontario Police Services Act, 2019 comes into force, paragraph 6 of subsection 27 (3) of the Regulation is amended by striking out “police force” and substituting “police service”. (See: O. Reg. 466/22, s. 34) Student Conduct and Discipline
Student Conduct and Discipline
nan
Policies and procedures re student discipline
 28. The policies and procedures referred to in clause 6 (1) (s) respecting student discipline shall, (a)  set out the methods of discipline that may or may not be used in the course of providing lodging programs and services; and (b)  set out the type of behaviour of a student that may result in the administration of a method of discipline.
Policies and procedures re physical intervention
 29. The policies and procedures referred to in clause 6 (1) (t) respecting physical intervention shall include training programs for staff members of the lodging which emphasize prevention, non-physical early intervention, and de-escalation of situations and behaviour involving students.
Corporal punishment, physical restraint, etc.
 30. No person working in the lodging shall, in the course of providing lodging programs and services, (a)  inflict corporal punishment on a student or permit corporal punishment to be inflicted on a student; (b)  use or permit the use of physical restraint on a student; (c)  place a student in a locked room or permit a student to be placed in a locked room; (d)  use or permit the use of harsh or degrading measures to humiliate a student or undermine a student’s self-respect; or (e)  deprive or permit a person to deprive a student of basic needs including food, shelter, clothing or bedding.
Policies and procedures re electronic technology
 31. The policies and procedures referred to in clause 6 (1) (u) respecting electronic technology shall provide that students shall have access to electronic technology in the lodging in a manner that is appropriate to their age and stage of development. Complaints; Ombudsman
Complaints; Ombudsman
nan
Policies and procedures re complaints
 32. (1) The policies and procedures referred to in clause 6 (1) (v) respecting the process for raising and resolving complaints shall provide that, (a)  a student, parent, or another person representing the student may make a complaint to the student support manager of the lodging, either verbally or in writing, regarding any matter connected to the lodging programs and services; (b)  the student support manager is required to review the complaint, attempt to resolve the complaint and inform the complainant of the results of the review and, if the complaint has not been resolved, inform the complainant that they may forward the complaint to the superintendent; (c)  if the complaint is forwarded to the superintendent, the superintendent is required to review the complaint, attempt to resolve the complaint, and inform the complainant of the results of the review and that the superintendent’s review is final; and (d)  the student support manager is required to provide the services of an interpreter to assist the student at any stage of the complaint process if the student, parents or other person representing the student requests it. (2) The policies and procedures referred to in clause 6 (1) (v) shall also set out timelines for responding to a complaint, including requiring that, (a)  the student support manager or the superintendent, as the case may be, shall, by the end of the next instructional day after receiving a complaint, (i)  provide an acknowledgement of the complaint, and (ii)  determine what, if any, immediate action can be taken to respond to the complaint; and (b)  the student support manager or the superintendent, as the case may be, shall provide an update to the student, parent or other person representing the student on the status of the review, (i)  upon request by the student, parent or other person representing the student, and (ii)  at such other times as necessary to ensure that the student, parent or other person representing the student receives an update on the review no later than 30 days after the complaint was received and subsequently at intervals of no more than 30 days.