GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL, O. Reg. 308/24

• Jurisdiction: Ontario
• Year: 2024

ontario regulation 308/24

made under the

Child, Youth and Family Services Act, 2017

Made: July 25, 2024
Filed: July 29, 2024
Published on e-Laws: July 29, 2024
Published in The Ontario Gazette: August 17, 2024

Amending O. Reg. 155/18

(GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL)

1. (1) Sections 116 and 117 of Ontario Regulation 155/18 are revoked and the following substituted:

Police Record Checks

Application

116. Sections 117 to 131 do not apply with respect to a person receiving a subsidy under section 71 of the Act to provide customary care to a First Nations, Inuk or Métis child.

Interpretation

117. (1) In this section and sections 118 to 131,

“adoption practitioner” means a person who, for the purposes of providing services to those seeking to adopt through a licensee pursuant to Part VIII of the Act,

(a) visits the home of a prospective adoptive parent in order to make or prepare a report of an adoption homestudy, and

(b) supervises adoption placements and prepares reports respecting a child’s adjustment; (“intervenant en adoption”)

“offence declaration” means a declaration that meets the requirements set out in subsection 128 (1); (“déclaration d’infraction”)

“police record check” means a vulnerable sector check or a broad record check. (“vérification du dossier de police”)

(2) For the purposes of this section and sections 118 to 131, a person has a professional affiliation with a service provider if the person,

(a) is an employee of the service provider, including an employee appointed under Part III of the Public Service of Ontario Act, 2006;

(b) volunteers with the service provider;

(c) is under contract with the service provider to provide goods or services that relate to the provision of a service or provides goods or services under that contract;

(d) is a member of the service provider’s board of directors, in the case of a service provider that is a corporation; or

(e) is a student on a placement with the service provider.

(3) For the purposes of this section and sections 118 to 131, a person is a prospective adoptive parent if the person applies to adopt a child through the services of a licensee or society by making an application to the court to make an order under clause 199 (1) (a) of the Act.

(4) For the purposes of this section and sections 118 to 131, a person is an adoptive applicant if the person,

(a) applies to adopt a child, who has been placed for adoption by a person other than a licensee or society, by making an application to the court to make an order under clause 199 (1) (b) of the Act; and

(b) has resided with the child for at least two years.

(5) For the purposes of this section and sections 118 to 131, a person is a relative adoptive applicant if the person,

(a) applies to adopt a child by making an application to the court to make an order under subsection 199 (2) of the Act; and

(b) is a relative, parent or spouse of the parent of the child.

(6) For the purposes of this section and sections 118 to 131, a foster parent is a person who is a foster parent pursuant to the definition of “foster care” in subsection 2 (1) of the Act, including a foster parent who provides residential care to a child awaiting adoption placement.

Contents and rules re vulnerable sector checks

118. A vulnerable sector check in respect of a person is deemed to be a vulnerable sector check referred to in paragraph 3 of subsection 8 (1) of the Police Record Checks Reform Act, 2015 and shall include the information that is authorized to be disclosed in a vulnerable sector check pursuant to the Table to that Act.

Contents and rules re broad record checks

119. (1) A broad record check in respect of a person shall include written information prepared by a police record check provider, within the meaning of the Police Record Checks Reform Act, 2015, based on information available to the police record check provider at the time the check is prepared respecting the particulars of,

(a) every criminal offence of which the person has been convicted, except in respect of which a pardon has been issued or granted under the Criminal Records Act (Canada);

(b) despite clause (a), any conviction for which a pardon has been granted where disclosure is authorized under the Criminal Records Act (Canada);

(c) every criminal offence of which the person has been found guilty and has been discharged, except an offence in respect of which the Criminal Records Act (Canada) requires that the record be purged;

(d) every finding of guilt under the Youth Criminal Justice Act (Canada) in respect of the person during the applicable period of access under that Act;

(e) every outstanding order of a judge or justice of the peace made against the person in respect of a criminal matter, including a probation order, prohibition order or warrant;

(f) every outstanding restraining order made against the person under section 35 of the Children’s Law Reform Act, section 46 of the Family Law Act or section 137 of the Child, Youth and Family Services Act, 2017, or any predecessors of those sections;

(g) every outstanding criminal charge against the person;

(h) every criminal charge against the person that,

(i) resulted in a finding of not criminally responsible on account of mental disorder,

(ii) resulted in a stay of proceedings,

(iii) was dismissed by the court, or

(iv) was withdrawn by the Crown;

(i) every contact between the person and a police service for which the police service has a written record, unless,

(i) disclosing the information could reasonably be expected to interfere with a law enforcement matter,

(ii) a police service has not made the person aware of the contact,

(iii) the person was a minor at the time of the contact, or

(iv) the information is not relevant to the person’s suitability to perform caregiving duties for a child or to reside in a place where a child is residing and receiving care; and

(j) every contact between the person and a police force or service in relation to actions taken against the person under the Mental Health Act because of a determination under that Act that the person was suffering, or apparently suffering, from a mental disorder of a nature or quality...