jswizzle3737/ontario_laws_and_regs huggingface dataset:
49. (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 O. Reg. 172/17, s. 2. (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 O. Reg. 172/17, s. 2. (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 O. Reg. 172/17, s. 2. (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 O. Reg. 172/17, s. 2. (5) The following anti-hyperkinetic drugs are prescribed as psychotropic drugs: 1. Amphetamine 2. Deanol 3. Dextroamphetamine 4. Methylphenidate O. Reg. 172/17, s. 2. (6) The following anti-manic drug is prescribed as a psychotropic drug: 1. Lithium Carbonate O. Reg. 172/17, s. 2. PART VII   ADOPTION Interpretation
2. (1) Every agency that applies for an approval under section 8 of the Act shall file with the Minister, (a) documentation of the need for the proposed service; (b) evidence of financial viability, including where available, an audited financial statement of the agency for the preceding fiscal year together with a proposed budget for the proposed service; (c) evidence that the agency is being managed in a competent manner including evidence of sound financial management; (d) particulars of the program practice and procedures in place in the agency; (e) particulars of corporations with which the agency has or may have a non-arm’s length relationship; and (f) evidence that applicable requirements of the municipality where the premises in which the proposed service will be provided are located have been complied with or can be complied with.  R.R.O. 1990, Reg. 70, s. 2 (1). (2) Every agency that applies for an approval under section 9 of the Act shall file with the Minister, (a) a copy of the site plan showing the location of the building or buildings, if any, on the site and a sketch of the floor plan of the premises where it is proposed to provide the service; (b) reasons for the location of the proposed service; (c) documentation of the permitted uses of the proposed site under existing zoning by-laws of the municipality in which the site is located; (d) such other information in addition to that required under clauses (a) to (c) as the Minister may require to determine that the proposed premises are suitable for providing a service and that there is a need for the service in the area served or to be served by the service; and (e) evidence that the premises comply with, (i) the laws respecting the health of inhabitants of the area in which the premises are located, (ii) any rule, regulation, direction or order of the local board of health and any direction or order of the local medical officer of health, (iii) any by-law of the municipality in which the premises are located or other law for the protection of persons from fire hazards, (iv) any restricted area, standard of housing or building by-law passed by the municipality in which the premises are located under Part V of the Planning Act
or any predecessor thereof, and (v) the requirements of the Building Code made under the Building Code Act, 1992.  R.R.O. 1990, Reg. 70, s. 2 (2); O. Reg. 77/02, s. 2; O. Reg. 160/13, s. 3.
3. (1) Every approved agency and every approved corporation shall appoint a person to act as the chief executive officer of the approved agency or approved corporation.  R.R.O. 1990, Reg. 70, s. 3 (1). (2) A person who is appointed as the chief executive officer shall be responsible to the board of directors of the approved agency or approved corporation, as the case may be, for the operation and management of the approved services provided by the approved agency and each children’s institution or children’s mental health centre operated by the approved corporation.  R.R.O. 1990, Reg. 70, s. 3 (2). (3) An approved agency or approved corporation that operates more than one approved service, children’s institution or children’s mental health centre, as the case may be, may appoint more than one person as the chief executive officer and may designate the approved service, children’s institution or children’s mental health centre for which each chief executive officer shall be responsible.  R.R.O. 1990, Reg. 70, s. 3 (3). (4) Subsections (1) and (3) do not apply to a society in so far as it is providing services under section 15 of the Act.  R.R.O. 1990, Reg. 70, s. 3 (4). Financial Records
4. (1) Every approved agency and every approved corporation shall keep books of account that shall, (a) set forth the revenue and expenditures of the approved agency or approved corporation; (b) contain a record of money received by the approved agency or approved corporation from sources other than under the Act and this Regulation; and (c) be audited annually by a licensed public accountant who is not a member of the board or an employee of the approved agency or approved corporation or an employee of a corporation with which the approved agency or approved corporation may have a non-arm’s length relationship.  R.R.O. 1990, Reg. 70, s. 4 (1). (2) The revenue and expenditure of an approved agency required under clause (1) (a) shall be itemized according to each service provided by the approved agency.  R.R.O. 1990, Reg. 70, s. 4 (2).
5. (1) Every approved agency and every approved corporation shall furnish to the Minister, (a) not later than the last day of the fourth month following the end of each fiscal year, (i) its annual financial statement together with an auditor’s report thereon prepared by a licensed public accountant, and (ii) a reconciliation report in a form provided by the Minister; (b) on a monthly or quarterly basis as required by the Minister, a financial report in a form provided by the Minister that includes statistics on the services provided by the approved agency or the children’s institutions or children’s mental health centres operated by the approved corporation; and (c) an annual submission in a form provided by the Minister on expenditures and revenues of each children’s residence licensed under Part IX of the Act that is operated by the approved agency or approved corporation.  R.R.O. 1990, Reg. 70, s. 5 (1); O. Reg. 50/94, s. 1; O. Reg. 121/11, s. 16. (2) An auditor’s report required under this section shall be prepared in accordance with generally accepted auditing standards as set forth in the handbook of the Canadian Institute of Chartered Accountants.  R.R.O. 1990, Reg. 70, s. 5 (2). (3) A reconciliation report shall include a calculation of the financial assistance payable by Ontario, the actual payments made by Ontario with respect to the fiscal year and a calculation made of the balance that may be owing by or repayable to Ontario.  R.R.O. 1990, Reg. 70, s. 5 (3). (4) Revoked:  O. Reg. 199/99, s. 2.
6. (1) Every approved agency and every approved corporation shall keep separate books of account for each children’s residence licensed under Part IX of the Act that is operated by the approved agency or the approved corporation.  R.R.O. 1990, Reg. 70, s. 6 (1). (2) Every approved corporation shall keep separate books of account for each children’s institution or children’s mental health centre operated by the approved corporation.  R.R.O. 1990, Reg. 70, s. 6 (2). (3) Every approved agency shall keep separate books of account for each service provided by the approved agency.  R.R.O. 1990, Reg. 70, s. 6 (3). (4) Each book of account referred to in subsection (2) or (3) shall show aggregate revenues and expenditures separately with respect to each service provided by the approved agency or the children’s institutions or children’s mental health centres operated by the approved corporation, as the case may be.  R.R.O. 1990, Reg. 70, s. 6 (4). (5) Each book of account shall be retained for at least seven years from the date of the last entry in the book for a particular year.  R.R.O. 1990, Reg. 70, s. 6 (5).
7. (1) Every approved agency and every approved corporation shall keep and maintain an up to date record of the inventory of all furnishings and equipment acquired by the approved agency or approved corporation with money paid by Ontario under section 8 or 9 of the Act.  R.R.O. 1990, Reg. 70, s. 7 (1). (2) A record of current inventory shall set forth each addition to or removal from the inventory and the reasons therefor and shall be prepared in such a manner and contain such additional information with respect to the inventory as the Minister may require.  R.R.O. 1990, Reg. 70, s. 7 (2). Financial Assistance — Capital
8. (1) An application for financial assistance under section 8 of the Act in respect of a building project by an approved agency or approved corporation shall be made to the Minister on a form provided by the Minister.  R.R.O. 1990, Reg. 70, s. 8 (1); O. Reg. 121/11, s. 16. (2) An applicant under subsection (1) for financial assistance shall file with the Minister two copies of a site plan showing the location of the building or buildings, if any, on the site and, in the case of a building project with one or more of the elements referred to in clauses (a), (b), (d) and (f) of the definition of building project, (a) building plans and specifications prepared by an architect or professional engineer showing the structure, fixtures and arrangements of the building or buildings and describing the areas of the building or buildings to be used for the purposes of the Act; or (b) where the Minister approves, structural sketches and specifications prepared by a person other than an architect or professional engineer describing the building or buildings and the areas of the building or buildings or contiguous to the building or buildings to be used for the purpose of the Act.  R.R.O. 1990, Reg. 70, s. 8 (2). (3) No plan, specification or structural sketch filed with the Minister shall be amended or altered without the approval of the Minister.  R.R.O. 1990, Reg. 70, s. 8 (3).
9. (1) No payment of financial assistance shall be made for a building project except where, (a) the building project has been approved by the Minister; and (b) the approved cost has been determined.  R.R.O. 1990, Reg. 70, s. 9 (1). (2) The amount of a payment to an approved agency or to an approved corporation under section 8 of the Act for a building project shall be in an amount determined by the Minister up to 80 per cent of the approved cost of the building project.  R.R.O. 1990, Reg. 70, s. 9 (2). (3) An approval of a building project by the Minister under subsection (1) expires on the first anniversary of the date upon which the approval is given unless the building project has been commenced before the anniversary date.  R.R.O. 1990, Reg. 70, s. 9 (3). (4) The aggregate of the amounts of assistance paid at any point in time shall not exceed, (a) an amount that bears the same proportion to the estimated total payment as the amount of progress made at the time towards completion of the project bears to the total estimated amount of work required for completion; or (b) an amount that bears the same proportion to the estimated total payment as the amount of cost incurred at the time bears to the total estimated cost of the project, whichever is the greater, except where the Minister directs otherwise.  R.R.O. 1990, Reg. 70, s. 9 (4). (5) A single payment, or in the case of payment in two or more instalments, the final payment of an amount payable for a building project shall not be made until, (a) an architect or professional engineer certifies or the Minister is otherwise satisfied that the building project has been completed in accordance with the plans filed under clause 8 (2) (a) or the sketches thereof approved by the Minister under clause 8 (2) (b) and the building or addition is ready for use and occupancy; and (b) the applicant for the payment submits a report containing, (i) a statement of the actual cost of the building project, (ii) a statement indicating that all refundable sales tax has been taken into account, (iii) a statement indicating that the total amount of the unpaid accounts applicable to the building project does not exceed the amount of the grant remaining to be paid, and (iv) an undertaking that the amount of the grant remaining to be paid will be applied first to the payment of the unpaid accounts.  R.R.O. 1990, Reg. 70, s. 9 (5).
10. No applicant for or recipient of financial assistance for a building project shall, (a) acquire a building or land for the building project; (b) call tenders for the building project; (c) commence construction of the building project; or (d) erect any temporary or permanent sign, tablet or plaque on the site or building project, without the written approval of the Minister.  R.R.O. 1990, Reg. 70, s. 10.
11. (1) It is a term and condition of a payment of financial assistance under section 8 of the Act in respect of a building, buildings or land forming part of a building project that the applicant for payment enter into an agreement with the Minister in which the applicant shall agree not to, (a) change the site, structure or use of or sell, agree to sell, lease, mortgage, encumber, donate or otherwise dispose of all or any part of the building, buildings or land; or (b) demolish or make alterations or additions to all or any part of the building or buildings, without the written approval of the Minister.  R.R.O. 1990, Reg. 70, s. 11 (1). (2) The Minister may require as a condition of his or her approval under subsection (1) that the applicant shall reimburse Ontario in the same ratio as the Minister’s share of the acquisition price, together with the costs of renovations, furnishings and equipment, less the costs of disposition, if any, based on the greater of, (a) current market value; or (b) the proceeds of disposition.  R.R.O. 1990, Reg. 70, s. 11 (2). (3) Where a recipient of financial assistance for a building project contravenes subsection (1), the Minister may require repayment of all or a part of the share referred to in subsection (2) and calculated in accordance with that subsection.  R.R.O. 1990, Reg. 70, s. 11 (3). (4) Repayment of all or part of the share referred to in subsection (2) may be obtained by, (a) deducting the share from any money payable to the recipient under the Act; or (b) recovering the share by a proceeding in a court of competent jurisdiction.  R.R.O. 1990, Reg. 70, s. 11 (4).
12. (1) Expenditures incurred by an approved agency or an approved corporation for, (a) furnishings and equipment that are not replacements; or (b) repairs to or maintenance of a capital asset, are capital expenditures if they are, (c) approved by the Minister as capital expenditures; (d) in the opinion of the Minister, necessary for the efficient operation of an approved service operated by the approved agency or an approved children’s institution or approved children’s mental health centre operated by an approved corporation, as the case may be, and the cost of which is not, in the opinion of the Minister, excessive for the purpose; and (e) are in excess of $1,000.  R.R.O. 1990, Reg. 70, s. 12 (1). (2) Financial assistance may be paid for capital expenditures referred to in subsection (1) upon application by the approved agency or approved corporation in an amount up to 80 per cent of the cost as determined by the Minister.  R.R.O. 1990, Reg. 70, s. 12 (2).
13. Despite subsection 9 (2) and subsection 12 (2), the amount of a payment of financial assistance under section 8 of the Act to an approved agency or approved corporation for a building project or for the items referred to in subsection 12 (1) shall be equal to an amount determined by the Minister up to the total approved cost of the building project or the items where, in the opinion of the Minister, the requirement for the service, children’s mental health centre or children’s institution is established and funds are not otherwise obtainable by the approved agency or approved corporation.  R.R.O. 1990, Reg. 70, s. 13. Budgets — Approved Agencies other than Societies
14. (1) Subject to subsection (13), every approved agency and every approved corporation shall, before a date fixed by the Minister for each fiscal year, prepare and file with the Minister in a form provided by the Minister a service and budget estimate for that fiscal year.  O. Reg. 199/99, s. 3; O. Reg. 121/11, s. 16; O. Reg. 137/13, s. 1 (2). (2) If an approved agency or approved corporation does not file a service and budget estimate in accordance with subsection (1), the Minister may at any time after the date fixed by the Minister for filing it determine the amount of the estimate and approve it for that fiscal year.  O. Reg. 199/99, s. 3. (3) The Minister may approve or vary and approve a service and budget estimate filed under subsection (1).  O. Reg. 199/99, s. 3. (4) The Minister may vary and approve a service and budget estimate after an approval has been given and before the end of the fiscal year to which the estimate relates.  O. Reg. 199/99, s. 3. (5) Subject to subsection (13), an approved agency or approved corporation may file with the Minister an amendment to its service and budget estimate for a fiscal year if it does so before the end of that fiscal year.  O. Reg. 199/99, s. 3; O. Reg. 137/13, s. 1 (3). (6) The Minister may approve, vary and approve or refuse to approve an amended service and budget estimate filed under subsection (5).  O. Reg. 199/99, s. 3. (7) A service and budget estimate approved under subsection (2), (3), (4) or (6) and a refusal to approve an amended estimate under subsection (6) shall be provided to the approved agency or approved corporation.  O. Reg. 199/99, s. 3. (8) Subject to subsection (13), an approved agency or approved corporation may, within 30 days after receiving an approved service and budget estimate or a refusal to approve an amended estimate, request either or both of the following: 1. A meeting with the Minister. 2. That the Minister consider written submissions from the approved agency or approved corporation.  O. Reg. 199/99, s. 3; O. Reg. 137/13, s. 1 (4). (9) A date for a meeting shall be fixed and written submissions shall be filed no later than 30 days after the Minister receives the request, unless otherwise agreed by the Minister.  O. Reg. 199/99, s. 3. (10) After considering the presentation or written submissions made by the approved agency or approved corporation, the Minister may, (a) vary the service and budget estimate or amended estimate and approve it as varied; or (b) confirm the service and budget estimate previously approved under this section.  O. Reg. 199/99, s. 3. (11) A decision of the Minister under subsection (10) is final.  O. Reg. 199/99, s. 3. (12) If an approved agency or approved corporation receives an approved service and budget estimate and does not make a request within the 30-day period set out in subsection (8), the Minister’s decision with respect to approval of the estimate is final.  O. Reg. 199/99, s. 3. (13) This section applies to approved agencies other than societies.  O. Reg. 137/13, s. 1 (5). Payments and Adjustments for Approved Agencies other than Societies
15. (1) Subject to subsection (6), an amount paid to an approved agency or an approved corporation under this Part shall not exceed the amount of the approved service and budget estimate and shall only be expended by the approved agency or approved corporation in accordance with the approved service and budget estimate.  O. Reg. 199/99, s. 3; O. Reg. 137/13, s. 2 (2). (2) Before the service and budget estimate of an approved agency or approved corporation has been approved for a fiscal year, amounts may be paid to it for that fiscal year, based on the approved service and budget estimate for the preceding year.  O. Reg. 199/99, s. 3. Note:  Amounts paid under subsection (2) for the fiscal year beginning in 1999 shall be based on the previous year’s approved estimate.  See O. Reg. 199/99, s. 8. (3) An amount payable under this Part may be paid in advance.  O. Reg. 199/99, s. 3. (4) An amount paid under this Part may be adjusted by the Minister upon receipt of the annual financial statement and the reconciliation report of the approved agency or approved corporation required under section 5.  O. Reg. 199/99, s. 3. (5) The amount of an adjustment to an approved service and budget estimate, (a) shall be refunded by the approved agency or approved corporation to Ontario when Ontario so requests; or (b) shall be taken into account in approving the service and budget estimate of the approved agency or approved corporation for a subsequent fiscal year.  O. Reg. 199/99, s. 3. (6) This section applies to approved agencies other than societies.  O. Reg. 137/13, s. 2 (3). Budgets — Societies
15.1 (1) On a date fixed by the Minister, the Minister shall provide each society with an approved budget allocation. O. Reg. 137/13, s. 3. (2) The Minister shall determine the approved budget allocations in accordance with a funding model developed by the Minister.  O. Reg. 137/13, s. 3. (3) After receiving its approved budget allocation, each society shall submit to the Minister, on or before a date specified by the Minister, a plan for spending the budget allocation in a form specified by the Minister. O. Reg. 137/13, s. 3. (4) A society’s plan for spending the budget allocation shall not exceed the approved budget allocation for the society. O. Reg. 137/13, s. 3. Payments and Adjustments for Societies
15.2 (1) An amount paid to a society under this Part shall not exceed the amount of the approved budget allocation and shall be expended by the society solely in performing its functions under subsection 15 (3) of the Act.  O. Reg. 137/13, s. 3. (2) Before the budget allocation of a society has been approved for a fiscal year, amounts may be paid to it for that fiscal year, based on the approved budget allocation for the preceding year.  O. Reg. 137/13, s. 3. (3) An amount payable under this Part may be paid in advance. O. Reg. 137/13, s. 3. (4) An amount paid under this Part may be adjusted by the Minister upon receipt of the annual financial statement and the reconciliation report of the society required under section 5.  O. Reg. 137/13, s. 3. (5) The amount of an adjustment to an approved budget allocation, (a) shall be refunded by the society to Ontario when Ontario so requests; or (b) shall be taken into account in determining the approved budget allocation for the subsequent fiscal year. O. Reg. 137/13, s. 3. Accountability Agreements — Societies
15.3 (1) Every society shall enter into an accountability agreement with the Minister as a term and condition of funding.  O. Reg. 137/13, s. 3. (2) The term of an accountability agreement shall be for at least one of the Ministry’s fiscal years but may be for a longer term as specified by the Minister.  O. Reg. 137/13, s. 3. (3) The board of directors of the society shall approve the accountability agreement.  O. Reg. 137/13, s. 3. (4) An accountability agreement shall include a requirement that the society operate within its approved budget allocation.  O. Reg. 137/13, s. 3. (5) An accountability agreement may also include the following: 1. A requirement that the society report information that the Minister requests and that it does so in a form approved by the Minister and on a date fixed by the Minister. 2. Performance goals, objectives and obligations for the society. 3. Performance standards, targets and measures for the society. 4. A performance management process for the society. 5. Such other terms related to service quality, good governance, fiscal responsibility and achieving value for money through efficient and effective service delivery, as determined to be necessary by the Minister. O. Reg. 137/13, s. 3. (6) If the Minister and a society cannot reach an agreement by a date determined by the Minister, the Minister may set the terms of the agreement and such an agreement is deemed to be an accountability agreement for the purposes of this section. O. Reg. 137/13, s. 3. Executive Committee By-law
16. (1) The board of directors of a society shall pass a by-law that provides for an executive committee that consists of the president and the treasurer of the board of directors and that provides for the election from among the directors of at least three additional members.  O Reg. 199/99, s. 4. (2) The board of directors may by by-law delegate to the executive committee any powers of the board of directors, subject to the restrictions, if any, contained in the by-law or imposed from time to time by the board.  R.R.O. 1990, Reg. 70, s. 16 (2). (3) A majority of the members of an executive committee constitutes a quorum.  R.R.O. 1990, Reg. 70, s. 16 (3).
17.-23. Revoked:  O. Reg. 199/99, s. 5.
24., 25. Revoked:  O. Reg. 483/97, s. 7.
26., 27. Revoked:  O. Reg. 199/99, s. 5. Staff Qualifications of Societies
28. No society shall employ a social worker unless the person is a social work assistant, a social work supervisor, a social worker I, a social worker II, a social worker III, a social worker IV or a social worker V.  R.R.O. 1990, Reg. 70, s. 28.
29. Every local director of a society shall be a person who, (a) has successfully completed two years of professional education in social work at a recognized school of social work and has had at least three years experience as a social work practitioner in child welfare; (b) has educational qualifications that together with the person’s experience in social work are, in the opinion of the Minister, suitable for the position; or (c) held the appointment of local director on the 1st day of June, 1985.  R.R.O. 1990, Reg. 70, s. 29. Director — Powers and Duties
30. (1) In addition to the powers and duties that a Director has under the Act, a Director, (a) shall, in respect of a Crown ward, have authority to consent to, (i) the issuance of a passport in the name of a Crown ward who is under sixteen years of age, and (ii) travel outside of Canada by a Crown ward unless the Director requires the consent to be given by the local director of the society having care of the Crown ward; (b) may extend the period of time within which a report shall be made to a Director under subsection 2 (2) of Regulation 71 of the Revised Regulations of Ontario, 1990 (Register); and (c) may approve social workers to visit homes of prospective adoptive parents.  R.R.O. 1990, Reg. 70, s. 30 (1). (2) Where an approval is required by a Director, where something is to be done as required by a Director or where a determination is to be made by a Director under this Regulation, the approval, requirement or determination is prescribed to be a power of a Director.  R.R.O. 1990, Reg. 70, s. 30 (2). PART II   VOLUNTARY ACCESS Agreements
31. (1) An agreement for the temporary care and custody of a child entered into under subsection 29 (1) of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 1; O. Reg. 172/17, s. 1. (2) An agreement for services to meet the special needs of a child entered into under subsection 30 (1) of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 1; O. Reg. 172/17, s. 1. (3) An agreement for services to meet the special needs of a child 16 years of age or older and under 18 years of age entered into under subsection 31 (1) of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 1; O. Reg. 172/17, s. 1. (4) An agreement to extend a temporary care agreement under subsection 29 (5) of the Act or to vary a temporary care agreement under subsection 29 (10) of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 1; O. Reg. 172/17, s. 1. (5) An agreement to extend a special needs agreement under subsection 30 (3) of the Act or to vary a special needs agreement under subsection 30 (4) or 31 (4) of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 1; O. Reg. 172/17, s. 1.
32. (1) The Minister shall be deemed to be a child welfare authority for the purposes of entering into an agreement under subsection 30 (2), 30 (3), 31 (2) or 31 (4) of the Act to meet the special needs of a child.  R.R.O. 1990, Reg. 70, s. 32 (1). (2) The agreements referred to in subsection (1) shall be in a form provided by the Minister.  R.R.O. 1990, Reg. 70, s. 32 (2); O. Reg. 121/11, s. 16.
33. The Minister may require that a special needs agreement be entered into under section 30 or 31 of the Act where a residential service is provided to a child.  R.R.O. 1990, Reg. 70, s. 33. PART III   CHILD PROTECTION Place of Safety Prior to Placement
33.1 A society is exempted from the licensing requirements under Part IX of the Act in respect of a person’s home for up to 60 days after a child has been placed in the person’s home, if the society is satisfied that the person is willing and able to provide a place of safety for purposes of subsection 37 (5) of the Act.  O. Reg. 493/06, s. 2.
33.3 A child shall not be placed in a person’s home as a place of safety unless the home has been assessed in accordance with section 33.2 within 30 days before the placement.  O. Reg. 493/06, s. 2. Crown Wards
34. Revoked:  O. Reg. 493/06, s. 3.
35. A person entering premises under subsection 40 (11) or 44 (2) of the Act (power of entry) shall produce identification, including evidence of appointment, on request of the occupier.  R.R.O. 1990, Reg. 70, s. 35.
36. (1) A warrant to apprehend and return a child in care under subsection 41 (1) of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 2; O. Reg. 172/17, s. 1. (2) An information in support of a warrant to apprehend and return a child in care shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 2; O. Reg. 172/17, s. 1. (3) A warrant to apprehend and return a child who has withdrawn from a parent’s care under subsection 43 (2) of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 2; O. Reg. 172/17, s. 1. (4) An information in support of a warrant to apprehend and return a child who has withdrawn from a parent’s care shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 2; O. Reg. 172/17, s. 1.
36.0.1 (1) An application for a review under subsection 61 (7.1) of the Act shall be made in a form approved by the Minister.  O. Reg. 493/06, s. 4; O. Reg. 121/11, s. 16. (2) For the purposes of subsection 61 (8.2) 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 61 (7.1) of the Act, the Board shall give the applicant written notice of whether the applicant is eligible for a review under section 61. 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 within 20 days of the day the applicant received notice of eligibility under paragraph 1. 4. A decision and reasons under subsection 61 (8.6) of the Act shall be sent to all parties no later than 10 days after the end of a hearing.  O. Reg. 493/06, s. 4. (3) Notice under subsection (2) may be given by regular mail or by fax.  O. Reg. 493/06, s. 4. (4) If notice is sent by regular mail, it shall be sent to the most recent address known to the society and is deemed to be received by the applicant on the fifth day after it is mailed.  O. Reg. 493/06, s. 4. (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.  O. Reg. 493/06, s. 4. (6) Revoked:  O. Reg. 160/13, s. 4.
36.1 (1) A warrant for access to a record or a specified part of a record under section 74.1 of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 3; O. Reg. 172/17, s. 1. (2) An information in support of a warrant for access to a record or a specified part of a record under section 74.1 of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 3; O. Reg. 172/17, s. 1.
36.2 (1) A warrant for access to a record or a specified part of a record under section 74.2 of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 4; O. Reg. 172/17, s. 1. (2) An information in support of a warrant for access to a record or a specified part of a record under section 74.2 of the Act shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 4; O. Reg. 172/17, s. 1.
36.3 (1) To apply for a warrant under section 74.2 of the Act, a Director or a person designated by a society may, instead of submitting to the justice an information on oath, submit to the justice by facsimile transmission an information that is not on oath but that includes a written statement, signed by the Director or the person designated by the society, stating that all matters contained in the information are true to his or her knowledge and belief.  O. Reg. 45/00, s. 1 (2). (2) A written statement described in subsection (1) shall be deemed to be a statement made under oath.  O. Reg. 45/00, s. 1 (2). (3) A justice who receives by facsimile transmission an information described in subsection (1) shall, as soon as practicable, cause the information, certified by the justice as to the place, time and date of its receipt, to be filed with the clerk of the court having jurisdiction in the area where the warrant is to be executed.  O. Reg. 45/00, s. 1 (2). (4) A justice who issues a warrant under subsection 74.2 (3) of the Act on the basis of an information submitted by facsimile transmission under subsection (1) shall, (a) complete and sign the warrant, noting on its face the date on which, and the time and place at which, it was issued; (b) send the warrant by facsimile transmission to the Director or person designated by a society who submitted the information; and (c) as soon as practicable after the warrant is issued, cause it to be filed with the clerk of the court having jurisdiction in the area where the warrant is to be executed.  O. Reg. 45/00, s. 1 (2). PART IV   YOUNG OFFENDERS Custody Review Board
37. (1) The Custody Review Board continued under section 96 of the Act shall consist of not more than 34 members.  O. Reg. 303/01, s. 1. (2) Revoked:  O. Reg. 465/07, s. 1. (3) One member of the Board constitutes a quorum.  R.R.O. 1990, Reg. 70, s. 37 (3). (4) A Vice-Chair designated by the Chair has the jurisdiction and shall exercise the power of the Chair, (a) in the absence of the Chair; or (b) if the Chair is unable to act or the office of the Chair is vacant.  R.R.O. 1990, Reg. 70, s. 37 (4). (5) The Chair shall, from time to time, assign various members of the Board to its various hearings and reviews.  R.R.O. 1990, Reg. 70, s. 37 (5).
38. (1) In addition to the duties of the Board prescribed in section 97 of the Act, the Board shall review the placement of probationers who are ordered by the youth justice court under paragraph 55 (2) (g) of the federal Act to reside at a place specified by a provincial director where the place is a place of open custody.  O. Reg. 122/09, s. 1 (1). (2) An application by a young person for a review under subsection (1) shall be made within thirty days of the placement at the place specified by the provincial director.  R.R.O. 1990, Reg. 70, s. 38 (2); O. Reg. 122/09, s. 1 (2). (3) Subsections 97 (2), (3), (4) and (5) of the Act apply with necessary modifications to a review by the Board in respect of an application under subsection (2).  R.R.O. 1990, Reg. 70, s. 38 (3). (4) After conducting a review, the Board may, (a) where the Board is of the opinion that the place where the young person resides is not appropriate to meet the young person’s needs, recommend to the provincial director that the young person be transferred to another place; or (b) confirm the placement.  R.R.O. 1990, Reg. 70, s. 38 (4).
39. (1) Where the Board holds a hearing in respect of an application, a young person may be represented at the hearing by a parent or other advocate of his or her choice.  R.R.O. 1990, Reg. 70, s. 39 (1). (2) The Board shall conduct reviews and hearings in an informal manner and in the absence of the public.  R.R.O. 1990, Reg. 70, s. 39 (2). (3) The provincial director shall co-operate with the Board in the conduct of the reviews and shall provide the Board with documents and other information with respect to reviews when requested by the Board to do so.  R.R.O. 1990, Reg. 70, s. 39 (3). (4) The Board shall make its recommendations under subsection 97 (6) of the Act and clause 38 (4) (a) of this Regulation in writing to the provincial director and shall provide a copy of the written recommendations to the young person and his or her representative.  R.R.O. 1990, Reg. 70, s. 39 (4).
40. Revoked:  O. Reg. 121/11, s. 5. PART V   COMPLAINT PROCEDURES
41. For the purposes of subsection 109 (1) of the Act, the written procedure shall set out, (a) the methods by which a child in care may express concerns with respect to alleged violations of the child’s or young person’s rights under Part V of the Act, (i) in the presence of other children or young persons and to a program staff person, (ii) in private to a program staff person, and (iii) in private to the service provider or a person designated by the service provider; and (b) the method by which a parent of a child in care or other person representing a child in care may express concerns with respect to alleged violations of the child’s or young person’s rights under Part V of the Act, (i) in private to a program staff person, and (ii) in private to the service provider.  O. Reg. 122/09, s. 2. PART VI   EXTRAORDINARY MEASURES
42. Subject to section 183 of the Act, the counsel or agent representing a child who is the subject of an application or order under Part VI is entitled to examine and to copy the record prepared in respect of the child and maintained by any service provider.  R.R.O. 1990, Reg. 70, s. 42.
43. (1) An application for emergency admission to a secure treatment program shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 6; O. Reg. 172/17, s. 1. (2) The person in charge of a secure treatment program shall use, for the emergency admission of a child to the secure treatment program, a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 6; O. Reg. 172/17, s. 1. (3) An application for review of emergency admission to a secure treatment program shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 6; O. Reg. 172/17, s. 1. (4) An order reviewing a child’s emergency admission to a secure treatment program shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 6; O. Reg. 172/17, s. 1. (5) A warrant to apprehend and return a child who has been admitted to a secure treatment program and has left that program without consent shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 6; O. Reg. 172/17, s. 1. (6) An information in support of a warrant to apprehend and return a child who has been admitted to a secure treatment program shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 6; O. Reg. 172/17, s. 1. Secure Isolation
44. (1) A secure isolation room shall, (a) not be used as a bedroom for a child or young person who is in secure isolation; (b) contain a window that is unbreakable or some other means of observing the child or young person; (c) contain lighting that is adequate to ensure compliance with subsection 127 (5) of the Act and paragraph 1 of section 48.1 of this Regulation; and (d) contain no objects that could be used by the child or young person as instruments of injury or damage.  O. Reg. 122/09, s. 3. (2) Despite subsection (1), a secure isolation 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.  O. Reg. 122/09, s. 3.
45. (1) Every service provider shall develop and maintain written policies and procedures with respect to the use of a secure isolation room in premises of the provider where it is proposed to place children or young persons in secure isolation.  R.R.O. 1990, Reg. 70, s. 45 (1); O. Reg. 122/09, s. 4. (2) The policies and procedures referred to in subsection (1) shall be reviewed with each staff person who is involved in the use of secure isolation upon the initial orientation of the staff person and at least annually thereafter.  R.R.O. 1990, Reg. 70, s. 45 (2).
46. Every service provider shall maintain a written record of each instance of the use of a secure isolation room that shall include the name and age of each child or young person placed in secure isolation and the dates and the duration of each use for each child or young person.  O. Reg. 122/09, s. 5.
47. (1) Subject to subsection (2), where a child or young person is kept in a secure isolation room for more than one hour, the person in charge of the premises in which the secure isolation room is located shall review the continued need for secure isolation of the child or young person at least every 30 minutes.  O. Reg. 122/09, s. 6. (2) Where a young person who is 16 years of age or older is kept in a secure isolation room in a place of secure custody or of secure temporary detention for more than one hour, the person in charge of the premises in which the secure isolation room is located shall review the continued need for secure isolation of the young person at least every two hours.  O. Reg. 122/09, s. 6.
48. (1) An application to a Director under subsection 126 (1) of the Act for approval of a locked room for use for the secure isolation of children or young persons shall be made to a Director in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 7 (1); O. Reg. 172/17, s. 1. (2) An application in the form referred to in subsection (1) shall be accompanied by the applicant’s written policies and procedures with respect to the use of a secure isolation room together with such other information concerning the service provider’s program, the room and the proposed use of the room for secure isolation as a Director considers necessary to determine whether the room should be approved for use for the secure isolation of children or young persons.  R.R.O. 1990, Reg. 70, s. 48 (2); O. Reg. 122/09, s. 7 (2); O. Reg. 121/11, s. 7 (2). (3) Upon receipt of an application under subsection (1), a Director may inspect the premises and the room to be approved for the purposes of determining whether the room can be approved.  R.R.O. 1990, Reg. 70, s. 48 (3). (4) An approval or renewal of an approval of a locked room for use for the secure isolation of children or young persons shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 7 (3); O. Reg. 172/17, s. 1. (5) A refusal or withdrawal of an approval of a locked room for use for the secure isolation of children or young persons shall be in a form provided by the Minister and available on the website of the Government of Ontario Central Forms Repository under the listing for the Ministry of Children and Youth Services.  O. Reg. 121/11, s. 7 (3); O. Reg. 172/17, s. 1.
48.1 For the purposes of subsection 127 (9) of the Act, the following are the standards and procedures for holding a young person aged 16 or older in a secure isolation room in a place of secure custody or of secure temporary detention: 1. The service provider shall ensure that the young person is observed at regular intervals, as determined by the service provider taking into consideration the needs of the young person. 2. The service provider shall ensure that, at a minimum, the young person is observed every 15 minutes by a responsible person and that these observations are recorded in the young person’s case record. 3. The service provider may hold a young person in secure isolation for a continuous period of up to a maximum of 72 hours or for a cumulative period of up to a maximum of 72 hours in a seven-day period. 4. Despite paragraph 3, the service provider may extend a young person’s placement in secure isolation for a continuous period beyond 72 hours or for an aggregate of more than 72 hours in a seven-day period, if the provincial director approves the extension. 5. The provincial director may approve the extension of the placement of a young person in secure isolation beyond 72 hours if the provincial director has reasonable and probable grounds to believe that the young person’s continued placement in secure isolation is necessary for the safety of staff or young persons in the facility.  O. Reg. 122/09, s. 8.