Regulation - LGIC
Proposed Regulatory Provisions to Support the Implementation of the Child, Youth and Family Services Act, 2017, Part VI (Youth Justice)
Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Decision:
Regulation in force on April 30, 2018.
Analysis of Regulatory Impact:
As part of its obligations under the Reducing Regulatory Cost for Business Act, 2017 (RRCBA), the ministry has conducted the Regulatory Impact Analysis (RIA) to identify incremental direct compliance costs, including administrative costs, to for-profit child and youth service providers (businesses). Under the RRCBA, the ministry is required to report on total incremental administrative costs to businesses. The majority of child and youth service providers subject to the CYFSA are not-for-profit service providers and are not included in this analysis.
The proposed regulatory provisions identified in this posting fall under the General Consolidated LGIC regulation (O. Reg. 155/18). Total annual incremental administrative costs to businesses associated with the General Consolidated LGIC regulation as a whole are estimated to be $480,000.
The proposed regulatory provisions identified in this posting fall under the CYFSA Transitional Matters LGIC regulation (O. Reg. 157/18). There are no annual incremental administrative costs to businesses associated with the CYFSA Transitional Matters LGIC regulation.
The proposed regulatory provisions identified in this posting fall under the General Consolidated LGIC regulation (O. Reg. 155/18). Total annual incremental administrative costs to businesses associated with the General Consolidated LGIC regulation as a whole are estimated to be $480,000.
The proposed regulatory provisions identified in this posting fall under the CYFSA Transitional Matters LGIC regulation (O. Reg. 157/18). There are no annual incremental administrative costs to businesses associated with the CYFSA Transitional Matters LGIC regulation.
Further Information:
Child, Youth and Family Services Act, 2017
LGIC Statement of Policy
Proposal Number:
17-CYS016
Posting Date:
December 11, 2017
Summary of Proposal:
Custody Review Board:
CYFSA provisions related to the Custody Review Board (CRB) (sections 151 and 152) are similar to provisions under the Child and Family Services Act (CFSA), sections 96 and 97. Ontario Regulation (O. Reg.) 70, made under the CFSA, contains provisions related to the CRB; see sections 37 to 39.
Searches in Youth Justice Custody/Detention Facilities:
CYFSA provisions governing searches in places of open custody, secure custody or of temporary detention can be found in subsection 155(1).
Given the potentially intrusive nature of searches, the ministry is proposing regulatory provisions that include:
• defining the types of allowable searches;
• general rules governing all searches;
• additional rules for searches of young persons; and,
• training and education.
Seizure and Disposal of Contraband Found During a Search:
CYFSA provisions governing the seizure and disposal of contraband in places of open custody, secure custody or of temporary detention can be found in subsections 155(2) and (3).
Contraband is defined in subsection 155(3) of the CYFSA as:
a) anything that a young person is not authorized to have,
b) anything that a young person is authorized to have but in a place where they are not authorized to have it, and
c) anything that a young person is authorized to have but that is being used for a purpose for which they are not authorized to use it.
Regulatory provisions governing the seizure and disposal of contraband are limited to items seized from young persons. The ministry is proposing regulatory provisions governing contraband under subsection 155(2) that include:
• establishing what constitutes contraband; and,
• disposal or destruction of seized contraband.
Transitional Provisions:
The ministry is proposing the following transitional provisions related to the delivery of youth justice services:
1. Appointments of Provincial Directors, Probation Officers, Inspectors, etc. made under Part IV of the CFSA will be continued;
2. Designations of secure/open detention programs made under Part IV of the CFSA will be continued; and,
3. Designations of secure/open custody programs made under Part IV of the CFSA will be continued.
No Regulations to be Developed:
The ministry is also seeking public input on its proposal that some youth justice-specific regulations under the CYFSA will not be developed at this time.
The ministry is proposing that no regulations be developed for paragraphs 3., 4., 5., 7., 8., 12., and 15 of section 344. These include:
• prescribing additional duties and functions of probation officers and provincial directors;
• prescribing the duties and functions of bailiffs;
• prescribing the qualifications of probation officers;
• prescribing reports to be made and information to be furnished under section 147, their form and the intervals at which they are to be made or furnished;
• governing the conduct, discipline, rights and privileges of young persons in places of temporary detention, of open custody or of secure custody;
• governing the exercise of the power of entry given under subsection 153(5); and,
• respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of Part VI.
CYFSA provisions related to the Custody Review Board (CRB) (sections 151 and 152) are similar to provisions under the Child and Family Services Act (CFSA), sections 96 and 97. Ontario Regulation (O. Reg.) 70, made under the CFSA, contains provisions related to the CRB; see sections 37 to 39.
Searches in Youth Justice Custody/Detention Facilities:
CYFSA provisions governing searches in places of open custody, secure custody or of temporary detention can be found in subsection 155(1).
Given the potentially intrusive nature of searches, the ministry is proposing regulatory provisions that include:
• defining the types of allowable searches;
• general rules governing all searches;
• additional rules for searches of young persons; and,
• training and education.
Seizure and Disposal of Contraband Found During a Search:
CYFSA provisions governing the seizure and disposal of contraband in places of open custody, secure custody or of temporary detention can be found in subsections 155(2) and (3).
Contraband is defined in subsection 155(3) of the CYFSA as:
a) anything that a young person is not authorized to have,
b) anything that a young person is authorized to have but in a place where they are not authorized to have it, and
c) anything that a young person is authorized to have but that is being used for a purpose for which they are not authorized to use it.
Regulatory provisions governing the seizure and disposal of contraband are limited to items seized from young persons. The ministry is proposing regulatory provisions governing contraband under subsection 155(2) that include:
• establishing what constitutes contraband; and,
• disposal or destruction of seized contraband.
Transitional Provisions:
The ministry is proposing the following transitional provisions related to the delivery of youth justice services:
1. Appointments of Provincial Directors, Probation Officers, Inspectors, etc. made under Part IV of the CFSA will be continued;
2. Designations of secure/open detention programs made under Part IV of the CFSA will be continued; and,
3. Designations of secure/open custody programs made under Part IV of the CFSA will be continued.
No Regulations to be Developed:
The ministry is also seeking public input on its proposal that some youth justice-specific regulations under the CYFSA will not be developed at this time.
The ministry is proposing that no regulations be developed for paragraphs 3., 4., 5., 7., 8., 12., and 15 of section 344. These include:
• prescribing additional duties and functions of probation officers and provincial directors;
• prescribing the duties and functions of bailiffs;
• prescribing the qualifications of probation officers;
• prescribing reports to be made and information to be furnished under section 147, their form and the intervals at which they are to be made or furnished;
• governing the conduct, discipline, rights and privileges of young persons in places of temporary detention, of open custody or of secure custody;
• governing the exercise of the power of entry given under subsection 153(5); and,
• respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of Part VI.
Contact Address:
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
Effective Date:
April 30, 2018
Decision:
Approved