jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purpose of this Act is to provide for the Provincial Advocate for Children and Youth as an independent officer of the Legislature to, (a) provide an independent voice for children and youth, including First Nations, Inuit and Métis children and youth and children with special needs, by partnering with them to bring issues forward; (b) encourage communication and understanding between children and families and those who provide them with services; (c) educate children, youth and their caregivers regarding the rights of children and youth; and (d) conduct investigations and make recommendations to improve children’s aid society services and services provided by residential licensees where a children’s aid society is the placing agency.  2007, c. 9, s. 1; 2014, c. 13, Sched. 10, s. 1; 2017, c. 14, Sched. 4, s. 31 (1); 2018, c. 17, Sched. 34, s. 1. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 1 - 01/03/2016 2017, c. 14, Sched. 4, s. 31 (1) - 30/04/2018 2018, c. 17, Sched. 34, s. 1 - 06/12/2018
3 (1)  The Lieutenant Governor in Council shall, on the address of the Legislative Assembly, appoint a person to be the Provincial Advocate for Children and Youth.  2007, c. 9, s. 3 (1). Qualifications (2) The Advocate must be a person with significant experience in areas such as children’s mental health, child welfare, developmental services, youth justice, education or pediatric health services.  2007, c. 9, s. 3 (2). (3) Repealed: 2017, c. 14, Sched. 4, s. 31 (4). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 31 (4) - 30/04/2018
4 (1)  The Advocate may appoint deputies, including, without being limited to, deputies for youth justice, aboriginal youth and youth in the various geographic regions of Ontario, including youth in northern or remote communities.  2007, c. 9, s. 4. Director of investigations, appointment (2) The Advocate shall appoint a director of investigations to oversee and manage the investigative function of the office as described in subsection 15 (2). 2014, c. 13, Sched. 10, s. 3. Same, qualifications (3) The director of investigations must be a person with significant experience in investigations and child protection. 2014, c. 13, Sched. 10, s. 3. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 3 - 01/03/2016
5 The Advocate is an officer of the Assembly.  2007, c. 9, s. 5.
6 (1) Subject to subsection (2), the Advocate holds office for a term of five years, and may be reappointed for one further term of five years.  2007, c. 9, s. 6 (1). Same (1.1) The Advocate continues to hold office after the expiry of his or her term until a successor is appointed. 2014, c. 13, Sched. 10, s. 4. Note: On the earlier of May 1, 2019 and a day to be named by proclamation of the Lieutenant Governor, subsection 6 (1.1) of the Act is amended by adding “or until the day section 5 of Schedule 34 to the Restoring Trust, Transparency and Accountability Act, 2018
comes into force” at the end. (See: 2018, c. 17, Sched. 34, s. 2) Removal from office (2) The Lieutenant Governor in Council may at any time remove the Advocate from office for cause, on the address of the Legislative Assembly.  2007, c. 9, s. 6 (2). Temporary appointment (3) If the office of Advocate becomes vacant, or if for any reason the Advocate is unable or unwilling to fulfil the duties of the office, the Lieutenant Governor in Council may appoint a temporary Advocate to act as Advocate for a term of not more than six months.  2007, c. 9, s. 6 (3). Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 4 - 01/03/2016 2018, c. 17, Sched. 34, s. 2 - not in force
7 The Advocate is not a public servant within the meaning of the Public Service of Ontario Act, 2006.  2007, c. 9, s. 24 (3). Section Amendments with date in force (d/m/y) 2007, c. 9, s. 24 (3) - 20/08/2007
8 The Advocate shall work exclusively as Advocate and shall not hold any other office under the Crown or engage in any other employment.  2007, c. 9, s. 8.
9 (1) The Advocate shall be paid a salary fixed by the Lieutenant Governor in Council.  2007, c. 9, s. 9 (1). Salary not to be reduced (2) The Advocate’s salary shall not be reduced unless the Lieutenant Governor in Council has received an address from the Assembly recommending a reduction.  2007, c. 9, s. 9 (2). Pension (3) Despite section 7, the Advocate shall be a member of the Public Service Pension Plan.  2007, c. 9, s. 9 (3). Expenses (4) The Advocate is entitled to be paid reasonable travelling and living expenses, as approved by the Board of Internal Economy, while absent from his or her ordinary place of residence in the exercise of the Advocate’s functions under this Act.  2007, c. 9, s. 9 (4). Administration
10 (1) The money required for the carrying out of the functions of the Advocate shall be paid out of funds appropriated by the Legislature for the purpose.  2007, c. 9, s. 10 (1). Directives (2) The Board of Internal Economy may from time to time issue directives to the Advocate with respect to the expenditure of funds, and the Advocate shall comply with those directives.  2007, c. 9, s. 10 (2). Estimates (3) The Advocate shall present annually to the Board of Internal Economy estimates of the sums of money that will be required for the performance of all the functions of the Advocate.  2007, c. 9, s. 10 (3). Same (4) The Board shall review and may alter the estimates as it considers proper.  2007, c. 9, s. 10 (4). Audits (5) The accounts and financial statements of the Advocate shall be audited annually by the Auditor General and the results of those audits shall be presented to the Speaker of the Legislative Assembly. 2007, c. 9, s. 10 (5).
11 The Advocate may lease any premises and acquire any equipment and supplies that are necessary for the carrying out of the functions of the Advocate.  2007, c. 9, s. 11.
12 The Advocate may enter into contracts to retain the services of specialists and consultants.  2007, c. 9, s. 12.
13 (1) Subject to the approval of the Board of Internal Economy, the Advocate may retain the staff that the Advocate considers necessary for the carrying out of the functions of the Advocate, and may determine their remuneration and their terms and conditions of employment.  2007, c. 9, s. 13 (1). Benefits (2) The benefits determined under Part III of the Public Service of Ontario Act, 2006 with respect to the following matters for public servants employed under that Part to work in a ministry, other than in a minister’s office, who are not within a bargaining unit apply to the Advocate’s staff: 1. Cumulative vacation and sick leave credits for regular attendance and payments in respect of such credits. 2. Plans for group life insurance, medical-surgical insurance or long-term income protection. 3. The granting of leaves of absence.  2007, c. 9, s. 24 (4). Same (3) For the purposes of subsection (2), if a benefit applicable to a member of the Advocate’s staff is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Advocate or any person authorized in writing by the Advocate.  2007, c. 9, s. 24 (4). Pension (4) The Advocate’s staff are members of the Public Service Pension Plan.  2007, c. 9, s. 13 (4). Section Amendments with date in force (d/m/y) 2007, c. 9, s. 24 (4) - 20/08/2007
13.1 (1) The director of investigations shall, from among staff retained by the Advocate under section 13, establish an investigative team, (a) to conduct investigations under section 16.1; and (b) to provide advice and guidance to the Advocate with respect to investigations. 2014, c. 13, Sched. 10, s. 5. Qualifications (2) The investigative team must consist of individuals with significant experience in investigations and child protection and may also include individuals with significant experience in other areas relevant to investigations such as pediatric health services, children’s mental health services or child development services. 2014, c. 13, Sched. 10, s. 5. Separation of investigative function from advocacy function (3) The director of investigations and the investigative team shall not concurrently conduct investigations and provide advocacy under subsection 15 (1). 2014, c. 13, Sched. 10, s. 5. No sharing of information (4) Subject to section 21.1, the Advocate, the director of investigations and the investigative team shall not share information respecting an investigation, including personal information, with anyone, including staff retained by the Advocate other than the Advocate and members of the investigative team, unless, (a) the Advocate reasonably believes that the disclosure is necessary to eliminate or reduce a significant risk of death or serious bodily harm to a person or group; (b) the disclosure is authorized or required by law; or (c) the disclosure is necessary for the purposes of law enforcement. 2014, c. 13, Sched. 10, s. 5. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 5 - 01/03/2016
14 (1) The Advocate may delegate in writing to any member of the Advocate’s staff the authority to perform any of the Advocate’s functions or to carry out any of the Advocate’s powers, subject to any terms provided for in the delegation.  2007, c. 9, s. 14 (1). Restriction (2) The Advocate may not delegate the power to make a delegation or to make a report under section 21 or 21.1.  2007, c. 9, s. 14 (2); 2014, c. 13, Sched. 10, s. 6. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 6 - 01/03/2016 Functions and Powers
16.2 (1) The Advocate may, in his or her discretion, at any time during or after an investigation, consult the Minister or the administrative head of a children’s aid society or residential licensee or other person or entity who is concerned in the matter of the investigation. 2014, c. 13, Sched. 10, s. 9. Advocate must consult Minister, etc. (2) On the request of the Minister or a children’s aid society or residential licensee or other person or entity in relation to any investigation, or in any case where any investigation relates to any recommendation made to the Minister, a children’s aid society or residential licensee or other person or entity, the Advocate shall consult the Minister, children’s aid society or residential licensee or other person or entity after making the investigation and before forming a final opinion. 2014, c. 13, Sched. 10, s. 9. Breach of duty or misconduct (3) If during or after an investigation the Advocate is of the opinion that there is evidence of a breach of duty or of misconduct on the part of any officer or employee employed at the Ministry or by a children’s aid society or residential licensee or other entity, the Advocate may refer the matter to the appropriate authority. 2014, c. 13, Sched. 10, s. 9. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 9 - 01/03/2016
16.3 (1) The Advocate shall not require, in the carrying out of his or her investigative function, any information or answer to be given or, as the case may be, a document or thing to be produced where the Attorney General certifies that the giving of the information or the answering of the question or the production of the document or thing, (a) might interfere with or impede the investigation,  detection or prosecution of an offence; or (b) might reveal the substance of deliberations of the Executive Council or any of its Committees without authority to do so. 2014, c. 13, Sched. 10, s. 9. Same (2) The Advocate may not require the provision of information, the production of a document or thing or the giving of an answer if the provision, production or answer might disclose, (a) information that is subject to solicitor-client privilege; or (b) information prepared by or for counsel for a Ministry or a public body for use in giving legal advice or in the contemplation of for the use in litigation. 2014, c. 13, Sched. 10, s. 9. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 9 - 01/03/2016
16.4 (1) The Advocate is prohibited from investigating any of the following matters: 1. Subject to subsection (2), child deaths that fall within the jurisdiction of the Office of the Chief Coroner or of any committees that report to the Office of Chief Coroner. 2. Subject to subsection (2), matters that are eligible for review by or have been decided by the Child and Family Services Review Board. 3. Matters that are the subject of licensing inspections or reviews of orders made under paragraph 3 of subsection 101 (1) or clause 116 (1) (c) under the Child, Youth and Family Services Act, 2017 or the subject of inspections or reviews by the Ministry, where the investigation by the Advocate would, in the opinion of the Director, interfere with the inspection or review. 4. Matters that are eligible for resolution by a complaints or review process under this Act or the Child, Youth and Family Services Act, 2017, other than the reviews referred to in paragraphs 2 and 3, until after the complaints or review process is completed. 5. Matters where another investigative authority is conducting an investigation, until after that investigation is completed. 6. Matters where there is, under any Act, a right of appeal or objection or a right to apply for a hearing or review on the merits of the matter to any court or tribunal, i. until the right of appeal or objection or application has been exercised in the matter, or ii. until after any time for the exercise of the right has expired. 2014, c. 13, Sched. 10, s. 9; 2017, c. 14, Sched. 4, s. 31 (8). Exception, systemic investigations (2) If the Advocate determines that a systemic investigation is necessary to promote the best interests, protection and well-being of children and the principles expressed in the United Nations Convention on the Rights of the Child, the Advocate may conduct a systemic investigation into matters referred to in paragraphs 1 and 2 of subsection (1), but may only do so after the processes for dealing with the matters referred to in paragraphs 1 and 2 have been completed. 2014, c. 13, Sched. 10, s. 9. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 9 - 01/03/2016 2017, c. 14, Sched. 4, s. 31 (8) - 30/04/2018
17 (1) Where the Advocate intends to undertake an investigation or systemic review, the Advocate shall advise, (a) the Minister or the administrative head of the children’s aid society or the residential licensee that is to be affected of the intention to conduct the investigation; or (b) the Minister or the administrative head of the Ministry, agency, service provider or other entity that is to be affected of the intention to conduct the review. 2014, c. 13, Sched. 10, s. 10. Same (2) Where a matter comes to the attention of the Advocate that could be investigated under clause 15 (2) (b), the Advocate shall advise the Director of the matter, whether or not the Advocate intends to conduct an investigation. 2014, c. 13, Sched. 10, s. 10. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 10 - 01/03/2016 Obligations on Others
18 (1) An agency or service provider, as the case may be, shall inform a child in care, in language suitable to his or her understanding, of the existence and role of the Advocate, and of how the Advocate may be contacted.  2007, c. 9, s. 18 (1); 2009, c. 2, s. 31 (1). Same (2) An agency or service provider, as the case may be, shall afford a child or youth who wishes to contact the Advocate with the means to do so privately and without delay.  2007, c. 9, s. 18 (2). Same (3) Every agency or service provider, as the case may be, shall, without unreasonable delay, provide the Advocate with private access to children in care who wish to meet with the Advocate.  2009, c. 2, s. 31 (2). Section Amendments with date in force (d/m/y) 2009, c. 2, s. 31 (1, 2) - 01/04/2009
18.1 (1) An agency or service provider, as the case may be, shall inform the Advocate in writing and without unreasonable delay after it becomes aware of the death of or serious bodily harm incurred by a child or youth, where the child or youth, or the child or youth’s family, has sought or received a children’s aid society service within 12 months of the death or incurrence of harm. 2015, c. 35, s. 1. Provision of information to the Advocate (2) Information provided to the Advocate under subsection (1) shall include a summary of the circumstances surrounding the death or serious bodily harm. 2015, c. 35, s. 1. Duty to report under the Child, Youth and Family Services Act, 2017 (3) Nothing in this section affects the duty to report a suspicion under section 125 of the Child, Youth and Family Services Act, 2017. 2017, c. 14, Sched. 4, s. 31 (9). Provision of information to parents (4) An agency or service provider, as the case may be, shall inform the parents of a child that has died or suffered serious bodily harm in the circumstances described in subsection (1) about the Advocate and shall provide the parents with contact information for the Advocate. 2015, c. 35, s. 1. Provision of information to a child (5) An agency or service provider, as the case may be, shall inform a child that has suffered serious bodily harm in the circumstances described in subsection (1) about the Advocate and shall provide the child with contact information for the Advocate. 2015, c. 35, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 35, s. 1 - 10/06/2016 2017, c. 14, Sched. 4, s. 31 (9) - 30/04/2018 Confidentiality and Privacy
19 The Advocate, and all of the Advocate’s staff, shall take an oath not to disclose any personal information obtained in the course of acting under this Act, except as permitted under this Act.  2007, c. 9, s. 19.
21 (1) The Advocate shall, after April 30 in every year, make a report in writing and shall deliver the report to the Speaker of the Legislative Assembly no later than December 31 in that year.  2007, c. 9, s. 21 (1). Contents (2) The report mentioned in subsection (1) shall contain whatever information the Advocate considers appropriate, but shall contain, at a minimum, a report on the activities and finances of the Advocate’s office, the outcomes expected in the fiscal year of the Government of Ontario in which the report is made, and the results achieved in the previous fiscal year.  2007, c. 9, s. 21 (2). Laying before Assembly (3) The Speaker shall lay the report before the Assembly at the earliest reasonable opportunity.  2007, c. 9, s. 21 (3). Minister’s copy (4) The Advocate shall deliver a copy of the report to the Minister of any Ministry to which it is relevant before delivering it to the Speaker.  2007, c. 9, s. 21 (4). Other reports (5) The Advocate may make any other public reports as he or she considers appropriate, and may present such a report to the public or any other person he or she considers appropriate, but shall deliver a copy of the report to the Minister of any Ministry to which it is relevant before the presentation.  2007, c. 9, s. 21 (5). Reports re investigations
21.2 (1) Every person commits an offence who without lawful justification or excuse, (a) wilfully obstructs, hinders or resists the Advocate or any other person in the performance of his or her functions under this Act; (b) refuses or wilfully fails to comply with any lawful requirement of the Advocate or any other person under this Act; or (c) wilfully makes any false statement or misleads or attempts to mislead the Advocate or any other person in the exercise of his or her functions under this Act. 2014, c. 13, Sched. 10, s. 12. Penalties (2) Every person who commits an offence is liable on conviction to a fine of not more than $1,000. 2014, c. 13, Sched. 10, s. 12. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 12 - 01/03/2016 Miscellaneous and Regulations
21.3 No proceeding of the Advocate shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Advocate is liable to be challenged, reviewed, quashed or called in question in any court. 2014, c. 13, Sched. 10, s. 13. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 13 - 01/03/2016
22 No proceeding shall be commenced against the Advocate or any person acting on behalf of or under the authority of the Advocate for anything done, reported or said in good faith in the course of the exercise or performance or intended exercise or performance of a power, duty or function under this or any other Act.  2007, c. 9, s. 22.
22.1 The Advocate, the director of investigations and any member of the investigative team shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her investigative functions under this Act. 2014, c. 13, Sched. 10, s. 14. Section Amendments with date in force (d/m/y) 2014, c. 13, Sched. 10, s. 14 - 01/03/2016
23 The Lieutenant Governor in Council may make regulations, (a) permitting the Advocate to provide any advocacy not otherwise provided for in this Act, subject to any conditions that may be provided for in the regulations; (b) providing for anything that under this Act may be provided for in the regulations.  2007, c. 9, s. 23. Note: On the earlier of May 1, 2019 and a day to be named by proclamation of the Lieutenant Governor, section 23 of the Act is amended by adding the following subsections: (See: 2018, c. 17, Sched. 34, s. 4) Same (2) The Lieutenant Governor in Council may make regulations providing for transitional matters arising from the enactment of Schedule 34 to the Restoring Trust, Transparency and Accountability Act, 2018. 2018, c. 17, Sched. 34, s. 4. Conflicts (3) If there is a conflict between a regulation made under subsection (2) and a provision of this or any other Act or a provision of another regulation made under this or any other Act, the regulation made under subsection (2) prevails. 2018, c. 17, Sched. 34, s. 4. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 34, s. 4 - not in force 24 Omitted (provides for amendments to this Act).  2007, c. 9, s. 24. 25 Omitted (amends or repeals other Acts).  2007, c. 9, s. 25. 26 Omitted (provides for coming into force of provisions of this Act).  2007, c. 9, s. 26. 27 Omitted (enacts short title of this Act).  2007, c. 9, s. 27. ______________  Français