Regulation - LGIC

New and Proposed Changes to Regulations Related to Intervals for Informing Children in Care of their Rights, and Complaints Procedures for Alleged Violation of these Rights under the Child, Youth and Family Services Act, 2017

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Decision:
LGIC regulation in force on April 30, 2018.

Section 22(3) of the regulation in force on January 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.
Further Information:
Proposal Number:
Posting Date:
December 11, 2017
Summary of Proposal:
The purpose of this document is to seek feedback on new and proposed changes to regulatory requirements related to intervals for informing children in care of their rights and complaints procedures for alleged violation of these rights under the Child, Youth and Family Services Act, 2017 (CYFSA).

On June 1, 2017 the CYFSA received Royal Assent. When proclaimed, it will replace the Child and Family Services Act (CFSA).

There are current regulations that exist under the CFSA. Regulatory provisions under the CFSA may become provisions under the CYFSA, including with enhancements. In addition, new regulatory provisions may be developed to support the new CYFSA. The focus of this summary is to outline where changes are being proposed to existing regulatory provisions, or where new regulatory provisions are being proposed.

The ministry is proposing regulatory changes related to rights and complaints of children in care in the following key areas:
A. Intervals for the purpose of informing children in care of their rights
B. Written procedures for hearing and dealing with complaints of children in care

These are new regulation-making authorities under the CYFSA. The proposal includes new intervals for the purpose of informing children in care of:
• Their rights
• Complaints procedures
• Review procedures available through a residential placement advisory committee or custody review board
• Their responsibilities while in residential care
• Rules governing day-to-day operations of residential care, including disciplinary procedures.

Also, under the CYFSA, service providers that provide residential care to children or young persons or who place children or young persons in residential placements must have a written procedure for hearing and dealing with:
a) Complaints regarding alleged violations of the rights of children in care
b) Complaints by children in care or other persons affected by conditions or limitations imposed on visitors who are visiting a young person in a place of temporary detention, open custody, or secure custody, or suspensions of visits within a place of temporary detention, open custody, or secure custody.

Proposed regulatory provisions include enhancing requirements for licensed residential service providers regarding their complaint procedures.

These proposed changes have been informed, in large part, by feedback received from youth with lived experience in child and youth licensed residential services, and stakeholders from sectors that deliver residential services.

These proposed changes would come into effect on a date to be determined.
Contact Address:
Ministry of Children and Youth Services
56 Wellesley St West, 15th Floor
Toronto, ON M5S 2S3
Effective Date:
April 30, 2018