GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL O. Reg. 155/18

• Jurisdiction: Ontario
• Year: 2018

General

Interpretation, First Nations, Inuk or Métis child

1. A child is a First Nations, Inuk or Métis child for the purposes of the Act if,

(a) the child identifies themself as a First Nations, Inuk or Métis child or a parent of the child identifies the child as a First Nations, Inuk or Métis child;

(b) the child is a member of or identifies with, as determined under section 21 of Ontario Regulation 156/18 (General Matters Under the Authority of the Minister) made under the Act, one or more bands or First Nations, Inuit or Métis communities; or

(c) it cannot be determined under clause (a) or (b) whether the child is a First Nations, Inuk or Métis child but there is information that demonstrates that,

(i) a relative or sibling of the child identifies as a First Nations, Inuk or Métis person, or

(ii) there is a connection between the child and a band or a First Nations, Inuit or Métis community.

Powers of Director

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 any regulation made under the Act, the approval, requirement or determination is prescribed to be a power of a Director.

Methods of alternative dispute resolution

3. (1) A method of alternative dispute resolution that satisfies the following criteria is a prescribed method of alternative dispute resolution for the purposes of the Act:

1. The alternative dispute resolution must be undertaken with the consent of all participants.

2. The alternative dispute resolution must be one that can be terminated at any time by any of the participants.

3. The alternative dispute resolution must be conducted by an impartial facilitator who has no decision-making power.

4. The alternative dispute resolution must not be an arbitration.

5. The alternative dispute resolution is subject to the following rules respecting the confidentiality of and access to records and information:

i. Neither the participants nor the facilitator conducting the alternative dispute resolution nor any other person providing alternative dispute resolution services is compellable to give testimony or to produce documents in a civil proceeding with respect to matters relating to or prepared or exchanged during the alternative dispute resolution.

ii. Representations, statements or admissions made in the course of the alternative dispute resolution and documents prepared or exchanged during the alternative dispute resolution cannot be used in evidence or produced in a civil proceeding, subject to the following exceptions:

A. Statements, admissions or documents may be disclosed if they give rise to the duty to report that a child may be in need of protection under section 125 of the Act.

B. Statements, admissions or documents may be disclosed if there are reasonable grounds to believe that the disclosure is necessary to address a real or perceived threat to any person’s life or physical safety.

C. Personal information contained in statements, admissions or documents may be disclosed if the individual to whom the personal information relates consents to the disclosure.

D. The terms of an agreement, memorandum of understanding or plan arising from the alternative dispute resolution may be disclosed to a court and all counsel for the participants in the alternative dispute resolution, including counsel for the child where applicable.

iii. The alternative dispute resolution facilitator may use or disclose non-identifying information relating to the alternative dispute resolution for research or educational purposes, but the facilitator must provide written notice of this intended use or disclosure to all participants in the alternative dispute resolution before the alternative dispute resolution begins.

(2) Nothing in subsection (1) abrogates or derogates from the rights of the participants in an alternative dispute resolution to discuss the content of the alternative dispute resolution with their counsel.

(3) Nothing in subsection (1) limits the powers of a program supervisor under subsection 53 (2) or section 59 of the Act.

(4) In this section,

“non-identifying information” means information which, when used or disclosed either alone or in combination with other information, does not reveal the identity of the person to whom it relates.

Rights of Children and Young Persons

Service provider to inform

4. (1) This section applies to a service provider who provides a service to a child or young person in a circumstance in which the child or young person is not entitled to be informed under section 9 of the Act. O. Reg. 155/18, s. 4 (1).

(2) The service provider shall inform the child or young person of the matters set out in subsection (5), as required by subsection (6). O. Reg. 155/18, s. 4 (2).

(3) Subject to subsection (4), the service provider shall inform the following individuals of the matters set out in subsection (5), as required by subsection (6):

1. In the case of a child who is not in the care of a society, a parent of the child.

2. In the case of a child who is in the care of a society, except for extended society care, a person who was the child’s parent immediately before the child was placed in the care of the society.

3. In the case of a child who is being cared for under customary care, the person who, immediately before the child was placed in customary care, was the child’s parent. O. Reg. 155/18, s. 4 (3).

(4) The requirements in this section apply in respect of an individual described in paragraph 1, 2 or 3 of subsection (3) only if,

(a) to the knowledge of the service provider, the individual is aware that the child is receiving the service provided by the service provider; and

(b) the service provider is able to contact the individual after making reasonable efforts to do so. O. Reg. 155/18, s. 4 (4).

(5) For the purposes of subsections (2) and (3), the service provider shall inform the child, young person or individual described in paragraph 1, 2 or 3 of subsection (3) of,

(a) the child or young person’s rights under Part II of the Act; and

(b) the service provider’s complaints procedures.

(c) Revoked: O. Reg. 79/19, s. 1.

O. Reg. 155/18, s. 4 (5); O. Reg. 79/19, s. 1.

(6) The service provider shall inform the child, young person or individual described in paragraph 1, 2 or 3 of subsection (3) of the matters set out in subsection (5),

(a) as part of the process of the service provider beginning to provide a service to the child or young person;

(b) at any other times as is considered to be necessary, in the opinion of the service provider, to ensure that the child, young person or individual understands the information; and

(c) as soon as practicable after information comes to the attention of the service provider that the child or young person’s rights under Part II of the Act may have been violated by another service provider. O. Reg. 155/18, s. 4 (6).

Manner of providing information

5. (1) Subject to subsection (2), in providing information under section 9 of the Act or under section 4 of this Regulation, a service provider shall provide the information verbally and in a written format.

(2) If the information provided verbally and in a written format would not be accessible for the person being informed, the service provider shall provide the information in a format that is accessible for the person.

(3) In providing information to a child or young person under section 9 of the Act or to a person under section 4 of this Regulation, a service provider shall do the following:

1. Consider such information as may be available to the service provider about the child or young person to identify what supports, if any, may assist the child or young person in understanding the information to be provided.

2. In the case of providing information to a child or young person, ask the child or young person to identify what, if any, supports may assist the child or young person in understanding the information to be provided.

3. In the case of providing information to an individual described in paragraph 1, 2 or 3 of subsection 4 (3), ask the individual to identify what, if any, supports may assist the individual or the child or young person in understanding the information to be provided.

4. Consider any supports identified under paragraphs 1, 2 and 3 and make reasonable efforts to provide supports that the service provider considers to be necessary.

(4) After providing information under section 9 of the Act or section 4 of this Regulation, the service provider shall make reasonable efforts to confirm that the person has understood the information provided, including that the child or young person understands how to exercise and receive the benefit of their rights under Part II of the Act in connection with the service being provided.

(5) The service provider shall record the following in the file of the child or young person:

1. A description of how the service provider complied with this section.

2. A record of any supports identified under paragraphs 1, 2 and 3 of subsection (3).

3. If the service provider did not provide supports identified under subsection (3), the reasons for that decision.

Note: On July 1, 2026, the Regulation is amended by adding the following section: (See: O. Reg. 367/25, s. 1)

Societies and licensees to display information

5.1 (1) Every society shall prominently display the information set out in subsection (3) at each of their premises, in a location that is accessible to children and young persons for whom it provides services, and in plain, easy-to-understand language. O. Reg. 367/25, s. 1.

(2) Every licensee whose license is issued under Part IX of the Act shall prominently display the information set out in subsection (3) at each of their premises in which residential care is provided under the...