Summary of New and Proposed Changes to Regulations Related to Residential Licensing under the Child, Youth and Family Services Act, 2017
Regulation - LGIC
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Decision:
LGIC regulation in force on April 30, 2018.
Majority of Minister's regulation in force on April 30, 2018, with a small number of provisions in force on January 1, 2019 (subsection 82(1) paragraphs h,1, q.1, and q.2, and subsection 119(2) paragraphs h.1, j.1, and n).
New provision (section 117 of the Minister's regulation) to expand licensing requirements to programs providing staff led home care to three or more children across multiple sites (that are not children's residences) coming into force on July 1, 2019.
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.
Under the Reducing Regulatory Cost for Business Act, 2017 (RRCBA), a Regulatory Impact Analysis (RIA) is not required for Minister's regulations.
December 11, 2017
Summary of Proposal:
This work supports the ministry's implementation of Safe and Caring Places for Children and Youth: Ontario's Blueprint for Building a New System of Licensed Residential Services, which was released in July 2017. The Blueprint is a multi-year plan to build a new child-and youth-centered residential service system in Ontario. Working collaboratively across child- and youth-serving sectors, the ministry is making fundamental changes so services are more responsive to the unique needs of children and youth in residential settings, to improve the quality of their everyday experience and to better support their health, safety, and well-being.
All current regulatory requirements respecting residential licensing are being reviewed with the goal of harmonizing requirements between children's residences and foster care where appropriate, and enhancing current requirements, including with respect to quality of care.
Changes being proposed at this time include those aligned with the commitments that are part of the Blueprint for reform, including enhancements related to access to quality food and others related to the safety and wellbeing of children and youth.
In addition, new requirements are being proposed in the following key areas:
• Prohibition on obtaining a licence if convicted of specified offences for which no pardon has been granted
• New requirements for all licensees to develop a fire safety plan for each premise that operates under a licence
• Harmonizing requirements for an initial assessment of the needs of the child before the child is accepted to a residential placement
• New requirement that the children's residence and foster home must be kept safe and clean and in a good state of repair
• Specifying that access to food is never to be restricted as a punitive measure
• Identifying the areas in which the Minister may issue directives to licensees
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
April 30, 2018