Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, S.O. 2008, c. 14

• Jurisdiction: Ontario

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008

S.o. 2008, chapter 14

Consolidation Period: From June 8, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 9, Sched. 33.

CONTENTS

Part I
interpretation

Definitions

1 In this Act,

“application entity” means an entity designated by the Minister under subsection 8 (1) with respect to an application under Part V for services and supports or for funding, or both, under this Act; (“entité d’examen des demandes”)

“direct funding” means funding for the benefit of a person with a developmental disability that is provided by the Minister through an application entity in accordance with a direct funding agreement; (“financement direct”)

“direct funding agreement” means an agreement described in section 11; (“accord de financement direct”)

“Director” means a Director appointed under section 6; (“directeur”)

“funding entity” means an entity designated by the Minister under subsection 8 (3) with respect to prioritizing the provision of services and supports and funding under this Act; (“entité d’examen du financement”)

“Minister” means the Minister of Community and Social Services or any other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)

“policy directive” means a policy directive issued by a Director under section 7; (“directive en matière de politique”)

“prescribed” means prescribed by regulation; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlement”)

“service agency” means a corporation or other prescribed entity that provides services and supports to, or for the benefit of, persons with developmental disabilities and that has entered into a funding agreement with the Minister under section 10 with respect to those services and supports; (“organisme de service”)

“service and support” means a service and support described in section 4 that is provided to a person with a developmental disability, or for the benefit of such a person. (“services et soutiens”) 2008, c. 14, s. 1.

Interpretation, eligibility

2 A reference in this Act to a person being eligible for services and supports and funding under this Act is deemed to be a reference to the person being eligible to receive,

(a) services and supports from a service agency that are funded by the Minister under a funding agreement made under section 10; and

(b) direct funding in accordance with a direct funding agreement made under section 11. 2008, c. 14, s. 2.

Developmental disability

3 (1) A person has a developmental disability for the purposes of this Act if the person has the prescribed significant limitations in cognitive functioning and adaptive functioning and those limitations,

(a) originated before the person reached 18 years of age;

(b) are likely to be life-long in nature; and

(c) affect areas of major life activity, such as personal care, language skills, learning abilities, the capacity to live independently as an adult or any other prescribed activity. 2008, c. 14, s. 3 (1).

Same

(2) In subsection (1),

“adaptive functioning” means a person’s capacity to gain personal independence, based on the person’s ability to learn and apply conceptual, social and practical skills in his or her everyday life; (“fonctionnement adaptatif”)

“cognitive functioning” means a person’s intellectual capacity, including the capacity to reason, organize, plan, make judgments and identify consequences. (“fonctionnement cognitif”) 2008, c. 14, s. 3 (2).

Services and supports

4 (1) The following are services and supports to which this Act applies:

1. Residential services and supports.

2. Activities of daily living services and supports.

3. Community participation services and supports.

4. Caregiver respite services and supports.

5. Professional and specialized services.

6. Person-directed planning services and supports.

7. Any other prescribed services and supports. 2008, c. 14, s. 4 (1).

Definitions

(2) In this section and for the purposes of this Act,

“activities of daily living services and supports” means services and supports to assist a person with a developmental disability with personal hygiene, dressing, grooming, meal preparation, administration of medication, and includes training related to money management, banking, using public transportation and other life skills and such other services and supports as may be prescribed; (“services et soutiens liés aux activités de la vie quotidienne”)

“caregiver respite services and supports” means services and supports that are provided to, or for the benefit of, a person with a developmental disability by a person other than the primary caregiver of the person with a developmental disability and that are provided for the purpose of providing a temporary relief to the primary caregiver; (“services et soutiens de relève pour fournisseurs de soins”)

“community participation services and supports” means services and supports to assist a person with a developmental disability with social and recreational activities, work activities, volunteer activities and such other services and supports as may be prescribed; (“services et soutiens liés à la participation communautaire”)

“host family residence” means the residence of a family, composed of one or more persons, in which a person with a developmental disability who is not a family member is placed by a service agency to reside and receive care, support and supervision from the host family, in exchange for remuneration provided to the host family by the service agency; (“résidence de famille hôte”)

“intensive support residence” means a staff-supported residence operated by a service agency,

(a) in which one or two persons with developmental disabilities reside, and

(b) in which each resident requires and receives intensive support that meets the prescribed requirements; (“résidence avec services de soutien intensif”)

“person-directed planning services and supports” means services and supports to assist persons with developmental disabilities in identifying their life vision and goals and finding and using services and supports to meet their identified goals with the help of their families or significant others of their choice; (“services et soutiens liés à la planification gérée par la personne”)

“professional and specialized services” includes services provided by a psychologist, psychological associate, adult protective service worker, social worker or speech language pathologist or such other services as may be prescribed; (“services professionnels et spécialisés”)

“residential services and supports” means services and supports that are provided to persons with developmental disabilities who reside in one of the following types of residences and includes the provision of accommodations, or arranging for accommodations, in any of the following types of residences, and such other services and supports as may be prescribed:

1. Intensive support residences.

2. Supported group living residences.

3. Host family residences.

4. Supported independent living residences.

5. Such other types of residences as may be prescribed; (“services et soutiens résidentiels”)

“supported group living residence” means a staff-supported residence operated by a service agency, in which three or more persons with developmental disabilities reside and receive services and supports from the agency; (“résidence de groupe avec services de soutien”)

“supported independent living residence” means a residence operated by a service agency that is not supported by staff and in which one or more persons with developmental disabilities,

(a) reside alone or with others but independently of family members or of a caregiver, and

(b) receive services and supports from the service agency. (“résidence avec services de soutien à l’autonomie”) 2008, c. 14, s. 4 (2); 2009, c. 33, Sched. 8, s. 6 (1).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 8, s. 6 (1) - 01/07/2010

Part II
Application

Application

5 This Act applies with respect to persons with developmental disabilities who reside in Ontario and are at least 18 years of age. 2008, c. 14, s. 5.

Part III
Administration

Director

6 (1) The Minister may appoint one or more Directors for the purposes of this Act. 2008, c. 14, s. 6 (1).

Duties

(2) A Director shall perform such duties and exercise such powers as may be imposed or conferred on the Director by this Act and the regulations. 2008, c. 14, s. 6 (2).

Limitations, etc.

(3) An appointment under this section is subject to such limitations or conditions as may be set out in the appointment. 2008, c. 14, s. 6 (3).

Delegation

(4) A Director may, in writing, authorize a person or class of persons to exercise any of the powers or duties of the Director under his or her supervision and direction. 2008, c. 14, s. 6 (4).

Policy directives

Service agencies

7 (1) A Director may issue policy directives to service agencies with respect to the following matters:

1. Performance standards and performance measures with respect to the provision of services and supports for persons with developmental disabilities.

2. Such other matters as may be prescribed. 2008, c. 14, s. 7 (1).

Application entities

(2) A Director may issue policy directives to application entities with respect to the following matters:

1. Procedures to be followed in monitoring and administering direct funding to or for the benefit of persons with developmental disabilities under section 11.

2. Procedures to be followed in performing the following functions:

i. determining under section 14 eligibility for services and supports and funding under this Act,

ii. determining the method of assessment used under subsection 17 (1) to assess the needs of a person with a developmental disability for services...