Lieutenant Governor in Council regulation under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008
O. Reg. 276/10
Regulation - LGIC
Bill or Act:
Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilites Act, 2008
Summary of Decision:
The General Regulation defines key elements of the developmental services system outlined in the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, such as further specifying the eligibility criteria for persons with developmental disabilities and the classes of services and supports eligible for direct funding agreements.
The General Regulation comes into effect as follows and mirrors the phased approach to proclamation of the legislation.
January 1, 2011:
• Section 4 – expanded definitions of Activities of Daily Living, Intensive Support Residence and Professional and Specialized Services
• Section 7 and 8 – Requirements of entry for purposes of inspection (routine and emergency)
• Sections 9 and 10 – Request to review the Minister’s appointment of a manager and rules about how that review will be conducted
July 1, 2011:
• Sections 1, 2, 3 and 6 – Definitions of psychologist and psychological associates; standardized test; significant limitations in cognitive functioning; significant limitations in adaptive functioning; who is qualified to conduct an assessment for eligibility.
June 5, 2009
Summary of Proposal:
The Ministry of Community and Social Services seeks comments on a draft Lieutenant Governor in Council regulation under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.
This new Act received Royal Assent on October 8, 2008. The new Act, including all of its regulations, will take effect when it is proclaimed by the Lieutenant Governor. At that time, it will repeal the older Developmental Services Act, and the Developmental Services Act regulation (R.R.O 1990, Regulation 272 - General) will be revoked at the same time.
This is the first regulation for this Act that the government is posting for public review. In the fall, the government will post a draft Minister’s regulation that will focus on quality standards for agencies that support people with a developmental disability.
The draft Lieutenant Governor in Council regulation:
1. Defines “significant limitations” in cognitive and adaptive functioning to determine if a person has a developmental disability.
2. Defines “intensive supports” received in an “intensive support residence”.
3. Identifies which services and supports under the Act are available for direct funding agreements.
4. Sets the qualifications for those who can conduct assessments to determine whether a person has a developmental disability.
5. Establishes criteria for entry to carry out inspections in service agencies, supported group living residences, intensive support residences and application and funding entities.
6. Sets a process for reviewing the Minister’s order to appoint a manager to take over and manage the affairs of a service agency, application entity or funding entity.
Ministry of Community and Social Services
Developmental Services Branch
80 Grosvenor Street
4th Floor - Hepburn Block
Toronto ON M7A 1E9
Fax: (416) 325-5554
January 1, 2011