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

Child and Family Services Act
Loi sur les services à l’enfance et à la famille

R.R.O. 1990, REGULATION 70

Amended to O. Reg. 104/06

GENERAL

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This Regulation is made in English only.

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CONTENTS

Definitions

      1.  (1)  In this Regulation,

“acceptable exit” means that part of a means of egress that meets the requirements of Ontario Regulation 403/97 under the Building Code Act, 1992 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 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 Ontario Regulation 403/97 under the Building Code Act, 1992;

 “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 attained an Ontario secondary school diploma 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; O. Reg. 77/02, s. 1 (1-4).

      (2)  For greater certainty, “physical restraint”, as defined in subsection (1), does not include,

         (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.  O. Reg. 77/02, s. 1 (5).

PART I
FLEXIBLE SERVICES

Approvals, Budgets, Financial Assistance

      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-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).

      (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 Ontario Regulation 403/97 under the Building Code Act, 1992.  R.R.O. 1990, Reg. 70, s. 2 (2); O. Reg. 77/02, s. 2.

      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-arms 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.

      (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).

      (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

      14.  (1)  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.

      (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)  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.

      (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)  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.

      (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.

Payments and Adjustments

      15.  (1)  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.

      (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.

      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 Form 2.  R.R.O. 1990, Reg. 70, s. 31 (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 Form 3.  R.R.O. 1990, Reg. 70, s. 31 (2).

      (3)  An agreement for services to meet the special needs of a child sixteen years of age or older and under eighteen years of age entered into under subsection 31 (1) of the Act shall be in Form 4.  R.R.O. 1990, Reg. 70, s. 31 (3).

      (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 Form 5.  R.R.O. 1990, Reg. 70, s. 31 (4).

      (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 Form 6.  R.R.O. 1990, Reg. 70, s. 31 (5).

      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).

      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

Crown Wards

      34.  (1)  Care and maintenance may be provided under subsection 71 (2) of the Act only if the former Crown ward and a society have entered into an agreement relating to the care and maintenance in a form provided by the Minister.  O. Reg. 539/94, s. 1.

      (2)  Care and maintenance under subsection 71 (2) of the Act shall cease if the agreement between the person and the society is more than one year old and either,

         (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.

      (3)  A person may not receive care and maintenance under subsection 71 (2) of the Act if,

         (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.

      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 Form 7.  R.R.O. 1990, Reg. 70, s. 36 (1).

      (2)  An information in support of a warrant to apprehend and return a child in care shall be in Form 8.  R.R.O. 1990, Reg. 70, s. 36 (2).

      (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 Form 9.  R.R.O. 1990, Reg. 70, s. 36 (3).

      (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 Form 10.  R.R.O. 1990, Reg. 70, s. 36 (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 Form 42.  O. Reg. 45/00, s. 1 (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 Form 43.  O. Reg. 45/00, s. 1 (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 Form 44.  O. Reg. 45/00, s. 1 (2).

      (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 Form 45.  O. Reg. 45/00, s. 1 (2).

      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)  A member of the Board may be appointed for a term of six months, one year, two years or three years.  R.R.O. 1990, Reg. 70, s. 37 (2).

      (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,

         (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).

      (2)  An application by a young person for a review under clause (1) (b) 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).

      (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.  (1)  An information to obtain a warrant of apprehension and return of a young person under section 98 of the Act shall be in Form 11.  R.R.O. 1990, Reg. 70, s. 40 (1).

      (2)  A warrant of apprehension and return of a young person under section 98 of the Act shall be in Form 12.  R.R.O. 1990, Reg. 70, s. 40 (2).

PART V
COMPLAINT PROCEDURES

      41.  (1)  For the purposes of subsection 109 (1) of the Act, the written procedure shall set out,

         (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).

      (2)  Subsection (1) does not apply to a child of a service provider, a program staff person or other person employed by the service provider.  R.R.O. 1990, Reg. 70, s. 41 (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 Form 13.  R.R.O. 1990, Reg. 70, s. 43 (1).

      (2)  The person in charge of a secure treatment program shall use Form 14 for the emergency admission of a child to the secure treatment program.  R.R.O. 1990, Reg. 70, s. 43 (2).

      (3)  An application for review of emergency admission to a secure treatment program shall be in Form 15.  R.R.O. 1990, Reg. 70, s. 43 (3).

      (4)  An order reviewing a child’s emergency admission to a secure treatment program shall be in Form 16.  R.R.O. 1990, Reg. 70, s. 43 (4).

      (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 Form 17.  R.R.O. 1990, Reg. 70, s. 43 (5).

      (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 Form 18.  R.R.O. 1990, Reg. 70, s. 43 (6).

Secure Isolation

      44.  A secure isolation room shall,

         (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.

      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 in secure isolation.  R.R.O. 1990, Reg. 70, s. 45 (1).

      (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 placed in secure isolation and the dates and the duration of each use for each child.  R.R.O. 1990, Reg. 70, s. 46.

      47.  Where a child 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 at least every thirty minutes.  R.R.O. 1990, Reg. 70, s. 47.

      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 shall be made to a Director in Form 19.  R.R.O. 1990, Reg. 70, s. 48 (1).

      (2)  An application in Form 19 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.  R.R.O. 1990, Reg. 70, s. 48 (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 shall be in Form 20.  R.R.O. 1990, Reg. 70, s. 48 (4).

      (5)  A refusal or withdrawal of an approval of a locked room for use for the secure isolation of children shall be in Form 21.  R.R.O. 1990, Reg. 70, s. 48 (5).

      49.  The drugs listed in the Schedule are prescribed as psychotropic drugs.

Schedule

Item	Drug
	Anti-psychotic 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.	Thiospropazate
18.	Thioproperazine
19.