GENERAL, R.R.O. 1990, Reg. 70

"acceptable exit" means that part of a means of egress that meets the requirements of Regulation 61 of the Revised Regulations of Ontario, 1990 (Building Code) and that leads to a public thoroughfare or to an approved open space and that may include any one of the items enumerated herein or any combination thereof:

1. An exterior doorway to grade.

2. An exterior ramp.

3. An exterior stairway.

4. A fire escape that meets the specifications of Articles 3.4.7.1, 3.4.7.2, 3.4.7.5 and 3.4.7.6 and Sentence 3.4.7.3.(2) of Regulation 61 of the Revised Regulations of Ontario, 1990 (Building Code).

4. A fire escape that meets the specifications of Ontario Regulation 403/97 under the Building Code Act, 1992.

5. An interior stairway that is separated from the remainder of the building by a fire separation;

"actual cost" means the cost of a building project and includes,

(a) fees payable for the services of an architect, professional engineer or other consultant,

(b) the cost of purchasing and installing furnishings and equipment,

(c) the cost of land surveys, soil tests, permits, licences and legal fees,

(d) the cost of paving, sodding and landscaping, and

(e) the cost of acquiring land necessary for the building project;

"adoption agency" means a licensee referred to in Part VII of the Act or a society;

"approved corporation" means an approved corporation that is continued under subsection 209 (2) or 211 (2) of the Child and Family Services Act, 1984;

"approved cost" means that portion of the actual cost of a building project approved by the Minister;

"architect" means an architect who is a member in good standing of the Ontario Association of Architects;

"auxiliary staff person" means a staff person in a residence who is responsible for the supervision of residents;

"basic care expenditures" means the expenditures incurred with respect to the day to day operation of a residence;

"building project" means a project composed of one or more of the following elements:

(a) the purchase or other acquisition of all or any part of an existing building or buildings including the land contiguous thereto,

(b) any renovations, alterations or additions to an existing building or buildings,

(c) the purchase or other acquisition of vacant land for the purpose of constructing a building or buildings thereon,

(d) the erection of a new building or any part thereof,

(e) the demolition of a building,

(f) the installation of public utilities, sewers and items or services necessary for access to the land or building or buildings;

"child and family intervention service" means a service for a child who has a social, emotional or behavioural problem or any combination thereof for the family of a child who has a social, emotional or behavioural problem or any combination thereof or for the child and the family;

"common parentage" means one common parent;

"discipline" means the act of maintaining an established order in a residence;

"fire-resistant partition" means a construction assembly that acts as a barrier against the spread of fire and has a fire-resistance rating of at least thirty-five minutes;

"fiscal year" of an approved agency or approved corporation is the period designated by the Minister as the fiscal year of the approved agency or approved corporation, as the case may be;

"fuel-fired appliance" means a device that is designed for use in heating and cooling systems that is operated on fuel and includes all components, controls, wiring and piping required to be part of the device under the requirements of Regulation 61 of the Revised Regulations of Ontario, 1990 (Building Code);

"non-arms length relationship" means a relationship between two parties such that one party has the ability to exercise, directly or indirectly, control or significant influence over the operating and financial decisions of the other party;

"parent-model foster care" means the provision of foster care in a foster home by not more than two adults on a continuous basis;

"physical restraint", in relation to a resident of a residence, means using a holding technique to restrict the resident's ability to move freely, and "physically restrain" has a corresponding meaning;

"physician" means a legally qualified medical practitioner;

"placing agency" means a society or other corporation that places a child in residential care or in foster care and includes a licensee;

"professional engineer" means a professional engineer who is a member in good standing of the Association of Professional Engineers of the Province of Ontario;

"program staff person" means a staff person in a residence whose primary responsibility is for the day to day care and supervision of residents;

"punishment" means the act of implementing a technique to reduce or eliminate a behaviour of a resident or group of residents;

"recognized school of social work" means,

(a) a school of social work in Canada that at the time this Regulation comes into force is accredited by the Canadian Association of Schools of Social Work, and

(b) a graduate school of social work outside of Canada that has, in the opinion of the Minister, a course in social work that is equivalent to a course given at a school referred to in clause (a);

"residence" means a children's residence;

"service" includes, in addition to the items enumerated in the definition of "service" in subsection 3 (1) of the Act, a child and family intervention service;

"service and budget estimate", with respect to an approved agency or an approved corporation in a particular fiscal year, means its estimated services and its estimated associated costs for those services;

"social work assistant" means a person who,

(a) has successfully completed Grade 13 in Ontario or has such other educational qualifications that the Minister considers equivalent thereto, or

(b) worked as a social worker with a society for a period of at least one year immediately before the 1st day of January, 1985;

"social work supervisor" means a person who,

(a) has the qualifications of a social worker III, social worker IV or social worker V and has had at least three years experience as a social work practitioner in child welfare, or

(b) has such other educational and personal qualifications together with progressive experience in social work practice as, in the opinion of the local director, constitute adequate and suitable preparation for supervisory duties;

"social worker" means a person who investigates or supervises children and who provides guidance and counselling;

"social worker I" means a person who,

(a) is the holder of a certificate in social services from a post-secondary educational institution in Canada that is at least equivalent to a certificate in social services from a College of Applied Arts and Technology in Ontario, or

(b) has such other educational qualifications that the Minister considers equivalent to those referred to in clause (a) and at least two years of experience in social work;

"social worker II" means a person who,

(a) has successfully completed one year of full-time study in social work at a recognized school of social work and, where the recognized school of social work is outside Canada or the United States of America, has at least one year of experience as a social worker in Canada, or

(b) has at least three years of progressively responsible experience in welfare work in Ontario and has the qualifications of a social work assistant or two years of such experience and has the qualifications of a social worker I;

"social worker III" means a person who,

(a) has successfully completed a two year course of professional education in social work at a recognized school of social work in Canada or the United States of America,

(b) has successfully completed one year of full-time study in social work at a recognized school of social work in Canada or the United States of America and, after the study, has had at least two years of experience in social work,

(c) is the holder of a certificate of qualification in social work issued by the Central Council of Education in Social Work in Great Britain and, after its issuance, has had at least one year of experience in social work, or

(d) has successfully completed a course of professional education in social work at a recognized school of social work in a country other than Canada or the United States of America and has had at least three years of experience in social work in Canada;

"social worker IV" means a person who,

(a) has successfully completed a two year course of professional education in social work at a recognized school of social work in Canada or the United States of America and, after graduation, has had at least three years of experience in child care or family welfare services,

(b) is the holder of a certificate of qualification in social work issued by the Central Council of Education in Social Work in Great Britain and, after its issuance, has had at least four years of experience in child care or family welfare services,

(c) has successfully completed a two year course of professional education in social work at a recognized school of social work outside Canada or the United States of America and, after graduation, has had at least five years of experience in child care or family welfare services;

"social worker V" means a person who,

(a) has successfully completed a two year course of professional education in social work at a recognized school of social work in Canada or the United States of America and, after graduation, has had at least five years of experience in social work at least two of which have been in child care or family welfare services,

(b) is the holder of a certificate of qualification in social work issued by the Central Council of Education in Social Work in Great Britain and, after its issuance, has had at least six years of experience in social work of which at least two have been in child care or family welfare services, or

(c) has successfully completed a two year course of professional education in social work at a recognized school of social work outside Canada or the United States of America and, after graduation, has had at least seven years of experience in social work of which at least three have been in child care or family welfare services;

"special care expenditures" means those expenditures incurred with respect to physical, emotional, developmental and educational needs of residents including professional services and non-recurring costs, but does not include basic care expenditures.  R.R.O. 1990, Reg. 70, s. 1; O. Reg. 199/99, s. 1.

(a) restriction of movement, physical redirection or physical prompting, if the restriction of movement, physical redirection or physical prompting is brief, gentle and part of a behaviour teaching program; or

(b) the use of helmets, protective mitts or other equipment to prevent a resident from physically injuring or further physically injuring himself or herself.

(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-arms 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).

(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 Regulation 61 of the Revised Regulations of Ontario, 1990 (Building Code). R.R.O. 1990, Reg. 70, s. 2 (2).

(v) the requirements of Ontario Regulation 403/97 under the Building Code Act, 1992.

(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-arms length relationship. R.R.O. 1990, Reg. 70, s. 4 (1).

(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.

(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).

(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).

(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,

(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).

(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,

(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,

(a) current market value; or

(b) the proceeds of disposition. R.R.O. 1990, Reg. 70, s. 11 (2).

(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).

(a) furnishings and equipment that are not replacements; or

(b) repairs to or maintenance of a capital asset,

(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).

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.

(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.

(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.

(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.

(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).

(a) the parties have not reviewed the agreement; or

(b) more than one year has elapsed since the parties last reviewed the agreement. O. Reg. 539/94, s. 1.

(a) the person has attained the age of 21 years; or

(b) the person is receiving benefits under the Family Benefits Act, basic financial assistance under the Ontario Works Act, 1997 or income support under the Ontario Disability Support Program Act, 1997. O. Reg. 539/94, s. 1; O. Reg. 199/99, s. 6.

(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).

(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).

(a) carry out the duties required to be exercised by the Training Schools Advisory Board with respect to children who were made wards of the Crown under the Training Schools Act (R.S.O. 1980, c. 508), until the wardships expire or are terminated; and

(b) review the placement of probationers who are ordered by the youth court under paragraph 23 (2) (f) of the federal Act to reside at a place specified by a provincial director where the place is a place of open custody. R.R.O. 1990, Reg. 70, s. 38 (1).

(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).

(a) the methods by which a child may express concerns with respect to alleged violations of the child's rights under Part V of the Act,

(i) in the presence of other children 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 or other person representing a child may express concerns with respect to alleged violations of the child's rights under Part V of the Act,

(i) in private to a program staff person, and

(ii) in private to the service provider. R.R.O. 1990, Reg. 70, s. 41 (1).

(a) not be used as a bedroom for a child who is in secure isolation;

(b) contain a window that is unbreakable or some other means of observing the child;

(c) contain lighting that is adequate to ensure the continuous observation of a child who is placed in secure isolation; and

(d) contain no objects that could be used by the child as instruments of injury or damage. R.R.O. 1990, Reg. 70, s. 44.

(a) ensure that counselling is made available to each person who is a parent within the meaning of subsection 137 (1) of the Act (parent defined) who is considering relinquishing a child for adoption;

(b) recruit prospective adoptive parents for children who are awaiting adoption;

(c) ensure that an assessment is conducted on each prospective adoptive parent;

(d) ensure that each adoption placement is supervised;

(e) ensure that assistance is provided to complete the adoption of children who have been placed by the adoption agency;

(f) ensure that post adoption services are provided to a child who is an adopted person, the adoptive family and any other person who is directly affected by the adoption where a request is made for such services;

(g) ensure that services related to the disclosure of information that relates to an adoption are provided in accordance with Part VII of the Act; and

(h) ensure that each child awaiting placement for adoption receives residential care where required. R.R.O. 1990, Reg. 70, s. 50 (1).

1. The placement fulfils a special need of the child that is related to or caused by a behavioural, developmental, emotional, physical, mental or other handicap.

2. At least one of the prospective adoptive parents is a Canadian citizen.

3. At least one of the prospective adoptive parents is related to the child by blood, marriage or adoption but is not related within the meaning of subsection 136 (1) of the Act (relative defined).

4. The placement will preserve the child's cultural background. R.R.O. 1990, Reg. 70, s. 51 (1); O. Reg. 161/93, s. 1.

(a) includes a copy of the home study referred to in subsection 55 (1);

(b) includes a statement of the health care to be provided for the child, including particulars of health insurance coverage for the child;

(c) includes a statement of the arrangements made for the care of the child in the event of an adoption breakdown;

(d) specifies the agency that will be supervising the child during the placement and a description of the proposed supervision;

(e) includes a description of the provisions made for the child's education during the placement;

(f) includes a description of the adoption law in the jurisdiction of the placement and an opinion by a qualified legal practitioner in that jurisdiction as to whether or not the child can be adopted under that law; and

(g) includes a description of the immigration and citizenship laws in the jurisdiction of the placement and an opinion by a qualified legal practitioner in that jurisdiction as to whether or not the child can enter the jurisdiction and obtain citizenship under those laws. R.R.O. 1990, Reg. 70, s. 51 (2).

(a) record a description of the home of the applicant; and

(b) assess the home environment of the applicant including the applicant's competence and suitability as a foster parent or adoptive parent, as the case may be, and make a record of the assessment. R.R.O. 1990, Reg. 70, s. 52 (1).

"identifying information" includes,

(a) any name, address or telephone number of the person, and

(b) information whose disclosure, alone or in combination with other information, will in the circumstances lead to a name, address or telephone number of the person. R.R.O. 1990, Reg. 70, s. 57 (1).

"non-identifying information" includes,

(a) background information with respect to,

(i) the birth parents, birth grandparents and birth siblings of the adopted person and persons related to the birth parents, birth grandparents and birth siblings,

(ii) the circumstances leading to the adoption placement of the adopted person,

(iii) the birth details that relate to the adopted person,

(iv) the care received by the person prior to adoption placement,

(v) the developmental progress of the adopted person,

(vi) the date of the adoption placement,

(vii) the date of the adoption order, and

(viii) the adoptive parents and the adoptive family, and

(b) the name of the society or licensee responsible for the adoption placement,

provided that the disclosure of the information alone or in combination with other information will not in the circumstances lead to a name, address or telephone number of the person described in the information, other than the name of the society or licensee responsible for the adoption placement. R.R.O. 1990, Reg. 70, s. 57 (2).

1. Legally qualified medical practitioners.

2. Persons who provide guidance and counselling and who have the qualifications of a social worker II, social worker III, social worker IV or a social worker V.

3. Persons registered as psychologists under the Psychologists Registration Act.

4. Barristers and solicitors. R.R.O. 1990, Reg. 70, s. 57 (3).

1. For the release of a copy of an adoption order under clause 165 (2) (g) of the Act, $15. R.R.O. 1990, Reg. 70, s. 57 (4).

(a) to prepare a social and medical history of a child who is adopted or who is intended to be adopted and to prepare a social and medical history of a person who is a parent of the child;

(b) to conduct and prepare a homestudy of prospective adoptive parents;

(c) to provide residential care for a child awaiting adoption placement;

(d) to provide counselling services for a person who is a parent of a child, within the meaning referred to in subsection 137 (1) of the Act, regarding the parent's decision to relinquish the child for adoption;

(e) to provide transportation relating to the placement of a child for adoption;

(f) to provide supervision of an adoption placement;

(g) with respect to the administration of an adoption;

(h) to provide post-adoption services that are considered by a Director as being necessary to ensure the success of an adoption;

(i) in addition to the matters referred to in clauses (a) to (h), any other services that in the opinion of the Director are necessary to ensure the success of an adoption; and

(j) to provide counselling services to a person to whom the licensee discloses non-identifying information under section 166 or 170 of the Act,

1. The Northern Region, being the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay, Timiskaming, The Regional Municipality of Sudbury and The District Municipality of Muskoka.

2. The Central Region, being the counties of Dufferin and Simcoe, The Municipality of Metropolitan Toronto and the regional municipalities of Halton, York and Peel.

3. The Southwestern Region, being the counties of Brant, Bruce, Elgin, Essex, Grey, Huron, Kent, Lambton, Middlesex, Oxford, Perth and Wellington and the regional municipalities of Haldimand-Norfolk, Niagara, Hamilton-Wentworth and Waterloo.

4. The Southeastern Region, being the counties of Frontenac, Hastings, Lanark, Lennox and Addington, Northumberland, Peterborough, Prince Edward Renfrew and Victoria, the County of Haliburton, the united counties of Leeds and Grenville, Stormont, Dundas and Glengarry and Prescott and Russell and the regional municipalities of Durham and Ottawa-Carleton. R.R.O. 1990, Reg. 70, s. 63.

(a) the laws respecting the health of inhabitants of the area in which the premises are located;

(b) any rule, regulation, direction or order of the local board of health and any direction or order of the local medical officer of health;

(c) any by-law of the municipality in which the premises are located or other law for the protection of persons from fire hazards;

(d) any restricted area, standard of housing or building by-law passed by the municipality in which the premises are located pursuant to Part V of the Planning Act or any predecessor thereof;

(e) the requirements of Regulation 61 of the Revised Regulations of Ontario, 1990 (Building Code), where applicable; and

(e) the requirements of Ontario Regulation 403/97 under the Building Code Act, 1992, where applicable; and

(f) the requirements of Regulation 454 of the Revised Regulations of Ontario, 1990 (Fire Code), where applicable. R.R.O. 1990, Reg. 70, s. 64; O. Reg. 400/93, s. 1.

(f) the requirements of Ontario Regulation 388/97 under the Fire Protection and Prevention Act, 1997, where applicable.

(a) $100 payable every three years for each Region in which an applicant intends to establish, operate or maintain a residence; and

(b) $100 payable every three years for each Region in which an applicant intends to provide residential care. R.R.O. 1990, Reg. 70, s. 65 (11).

(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. 67 (4).

(a) set out the date of the decision that is being appealed;

(b) set out the name of the district school board or school authority that made the decision;

(c) state whether the decision imposes a limited expulsion as described in subsection 309 (14) of the Education Act or a full expulsion as described in subsection 309 (16) of that Act; and

(d) be in the form, if any, approved by the Minister and available from the Board. O. Reg. 303/01, s. 3.

1. The person who gave the Board the written notice of appeal.

2. The district school board or school authority that made the decision that is being appealed.

3. Any other person specified by the Board. O. Reg. 303/01, s. 3.