Regulation - LGIC

Amendment to Ontario Regulation 75/08 made under the Regulatory Modernization Act, 2007 (RMA), to designate the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 (SIPDDA)

Regulation Number(s):
Ontario Regulation 75/08
Bill or Act:
Regulatory Modernization Act, 2007
Summary of Proposal:
• The Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 (the Act) provides the legislative framework for services and supports funded by the Ministry of Community and Social Services for adults with a developmental disability. Among many things, the Act allows the ministry to:
o Fund service agencies to provide services and supports to adults with a developmental disability;
o Set requirements in regulations and policy directives for agencies funded under the Act to provide services and supports to adults with a developmental disability;
o Conduct inspections of service agencies funded under the Act, to determine whether the agencies are in compliance with the Act, its regulations and policy directives;
o Use specific enforcement mechanisms to compel funded service agencies to comply with the Act, regulations, and policy directives.

• The Act does not make it clear, however, that MCSS can publicly post the results of ministry compliance inspections of funded adult developmental services agencies and Developmental Services Ontario offices (DSOs). In addition, designating the Act under the RMA would allow for MCSS to enter into information sharing agreements with other ministries regarding compliance and agreements that would allow MCSS inspectors to conduct inspections under other legislation that has been designated under the RMA and that is applicable to the operation of MCSS-funded developmental services agencies and DSOs.

• In 2014, the Office of the Auditor General of Ontario (OAGO) conducted an audit of MCSS-funded residential services for adults with a developmental disability. The report included a recommendation that MCSS "publish the results of inspection reports to increase the transparency and accountability of the process".

• The public posting of compliance inspection results (e.g., in a searchable database on the MCSS website) would promote transparency and accountability, enabling adults with a developmental disability, their families, and other stakeholders to be aware of how well an agency or DSO meets the requirements under the Act, regulations, and policy directives.

• Therefore, MCSS is seeking to designate the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 under Ontario Regulation 75/08, made under the RMA, to have clear legislative authority to make public information regarding the compliance inspection results of agencies and DSOs that are funded by MCSS under the Act.

• In addition, MCSS is designating the Act under the RMA to allow for MCSS to potentially enter into information sharing agreements with other ministries in the Ontario at a future date. The proposed regulation would also allow for the possibility of MCSS entering into agreements that would authorize its inspectors to conduct inspections under other legislation that has been designated under the RMA.

Background

• MCSS funds approximately 360 non-profit agencies under SIPDDA to support adults with a developmental disability. These agencies support individuals with a range of support needs to provide a variety of services, including residential services, day programs, employment supports, and respite services.

• The ministry also funds nine Developmental Services Ontario (DSO) offices, which act as the single point of access for MCSS-funded adult developmental services in Ontario.
Further Information:
Proposal Number:
17-CSS001
Posting Date:
August 14, 2017
Comments Due Date:
September 28, 2017
Contact Address:
Community Supports Policy Branch
Ministry of Community and Social Services
4th Floor, Hepburn Block
80 Grosvenor Street
Toronto, Ontario M7A 1E9
Fax: 416-325-5554 or toll-free 1-866-340-9112