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O. Reg. 309/24: GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER
filed July 29, 2024 under Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1
Skip to contentontario regulation 309/24
made under the
Child, Youth and Family Services Act, 2017
Made: July 26, 2024
Filed: July 29, 2024
Published on e-Laws: July 29, 2024
Published in The Ontario Gazette: August 17, 2024
Amending O. Reg. 156/18
(GENERAL MATTERS UNDER THE AUTHORITY OF THE MINISTER)
1. The English version of paragraph 5 of section 31 of Ontario Regulation 156/18 is amended by striking out “and no later than” and substituting “but no later than”.
2. (1) Paragraph 6 of subsection 40 (3) of the Regulation is revoked and the following substituted:
6. A child protection worker, a person designated by the society or an employee of a child and family service authority advises the proposed primary caregiver of the requirements with respect to police record checks and offence declarations under Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act.
6.1 A child protection worker, a person designated by the society or an employee of a child and family service authority obtains the consent of the proposed primary caregiver to the disclosure of information related to the primary caregiver by any society, including any information from the Child Protection Fast Track Information System and any child welfare authority outside Ontario.
(2) Paragraph 8 of subsection 40 (3) of the Regulation is revoked and the following substituted:
8. As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested under paragraph 6.1 of a person who has resided in the past in an area outside of the society’s jurisdiction, the society makes a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person.
(3) Paragraph 1 of subsection 40 (5) of the Regulation is amended by striking out “and” at the end of subparagraph iii and by revoking subparagraph iv and substituting the following:
iv. advises every person, other than the primary caregiver, who is 18 or older and resides in the home of the requirements with respect to police record checks and offence declarations under Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act, and
v. obtains the consent of every person, other than the primary caregiver, who is 18 or older and resides in the home to the disclosure of information related to them by any society, including any information from the Child Protection Fast Track Information System, and any child welfare authority outside Ontario.
(4) Paragraph 3 of subsection 40 (5) of the Regulation is revoked and the following substituted:
3. As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested under subparagraph 1 v of a person who has resided in the past in an area outside of the society’s jurisdiction, the society makes a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person.
3.1 As soon as practicable but no later than seven days after receiving a police record check or offence declaration from a person referred to in subparagraph 1 iv, the society shall review the police record check or offence declaration and document any decisions and actions it proposes to take with respect to it.
3. (1) Paragraph 6 of subsection 41 (3) of the Regulation is revoked and the following substituted:
6. A child protection worker, a person designated by the society or an employee of a child and family service authority advises the primary caregiver and every person other than the primary caregiver who is 18 or older and resides in the home of the requirements with respect to police record checks and offence declarations under Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act.
7. A child protection worker, a person designated by the society or an employee of a child and family service authority obtains the consent of the primary caregiver and every person other than the primary caregiver who is 18 or older and resides in the home to the disclosure of information related to the person by any society, including any information from the Child Protection Fast Track Information System, and any child welfare authority outside Ontario.
(2) The English version of paragraph 1 of subsection 41 (4) of the Regulation is amended by striking out “and no later than” and substituting “but no later than”.
(3) Paragraph 2 of subsection 41 (4) of the Regulation is revoked and the following substituted:
2. As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested under paragraph 7 of subsection (3) of a person who has resided in the past in an area outside of the society’s jurisdiction, the society makes a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person.
(4) Section 41 of the Regulation is amended by adding the following subsection:
(6.1) As soon as practicable but no later than seven days after receiving a police record check or offence declaration from a person referred to in paragraph 6 of subsection (3), the society or child family service authority shall review the police record check or offence declaration and document any decisions and actions it proposes to take with respect to it.
4. (1) Paragraph 7 of subsection 45 (2) of the Regulation is revoked and the following substituted:
7. A child protection worker, a person designated by the society or an employee of the authority shall advise the proposed primary caregiver of the requirements with respect to police record checks and offence declarations under Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act.
7.1 A child protection worker, a person designated by the society or an employee of the authority shall obtain the consent of the proposed primary caregiver to disclosure of information related to the primary caregiver by any society, including any information from the Child Protection Fast Track Information System and any child welfare authority outside Ontario.
(2) Paragraph 9 of subsection 45 (2) of the Regulation is revoked and the following substituted:
9. As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested under paragraph 7.1 of a person who has resided in the past in an area outside of the society’s jurisdiction, the society shall make a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person.
(3) Section 45 of the Regulation is amended by adding the following subsection:
(2.1) As soon as practicable but no later than seven days after receiving a police record check or offence declaration from a person referred to in paragraph 7 of subsection (2), the society shall review the police record check or offence declaration and document any decisions and actions it proposes to take with respect to it.
5. (1) Subsection 46 (1) of the Regulation is amended by striking out “and” at the end of clause (c) and by revoking clause (d) and substituting the following:
(d) advise every person, other than the primary caregiver, who is 18 or older and resides in the home of the requirements with respect to police record checks and offence declarations under Ontario Regulation 155/18 (General Matters under the Authority of the Lieutenant Governor in Council) made under the Act; and
(e) obtain the consent of every person, other than the primary caregiver, who is 18 or older and resides in the home to the disclosure of information related to them by any society, including any information from the Child Protection Fast Track Information System, and any child welfare authority outside Ontario.
(2) Subsection 46 (3) of the Regulation is revoked and the following substituted:
(3) As soon as practicable but no later than seven days after the society or child and family service authority obtains the consent requested under clause (1) (e) of a person who has resided in the past in an area outside of the society’s jurisdiction, the society makes a request to any society or any child welfare authority outside Ontario for any information or records they may have relating to the person.
(3.1) As soon as practicable but no later than seven days after receiving a police record check or offence declaration from a person referred to in clause (1) (d), the society shall review the police record check or offence declaration and document any decisions and actions it proposes to take with respect to it.
(3) Subsection 46 (4) of the Regulation is amended by striking out “clauses (3) (a) and (b)” and substituting “subsection (3)”.
6. Section 80.2 of the Regulation is amended by striking out “and no later than” in the portion before paragraph 1 and substituting “but no later than”.
Commencement
7. This Regulation comes into force on the later of January 1, 2025 and the day this Regulation is filed.
Le ministre des Services à l'enfance et des Services sociaux et communautaires,
Michael Parsa
Minister of Children, Community and Social Services
Date made: July 26, 2024
Pris le : 26 juillet 2024