Regulation - Minister
Notice and Consultation with bands, First Nations, Inuit and Métis communities
Regulation Number(s):
N/A
Instrument Type:
Regulation - Minister
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Proposal:
A society will be required to consult with a child's bands, First Nations, Inuit or Métis communities when proposing:
• to conduct a safety assessment and develop a safety plan for the child unless consulting or providing notice creates a risk to the safety of the child, or another person;
• to provide ongoing protection services;
• to place a child in or to remove the child from a placement or a person's care;
• to conduct reunification assessments;
• the closure of a child protection case of a child who has been receiving ongoing protection services; and,
• to transition the child out of care, if the child consents to the consultation.
Notice offering to engage in consultation must be sent before the prescribed power has been exercised or the prescribed service has been provided, whenever practicable.
If notice cannot be sent before the exercise of the prescribed power or provision of the prescribed service has begun, it must be sent no later than the end of the next business day if the child's band, First Nations, Inuit or Métis community is within the territorial jurisdiction of the society, and no more than two business days later if it is not within the territorial jurisdiction of the society, or immediately upon determining that a prescribed power has been exercised or a prescribed service has been provided and no notice has been sent or consultation offered and the society proposes to continue to providing the prescribed service or continue the placement resulting from the exercise of the prescribed power.
The society must make itself available to engage in the case consultation no later than five days after receipt of notice if the child's band, First Nations, Inuit or Métis community is within the territorial jurisdiction of the society and no later than 30 days after receipt of notice if it is not within the territorial jurisdiction of the society.
Notice may be verbal, by regular mail, fax or email. If there are existing arrangements between the society and the band, First Nations, Inuit or Métis community, then notice shall be given in the manner agreed to.
If notice is verbal, the society must record the date and time of the notice and the name of the person to whom the notice was given.
If notice is sent by regular mail, it must be sent to the most recent address of the representative of the band, First Nations, Inuit or Métis community known to the society and is deemed to be received on the fifth day after it is mailed. However, this does not apply if the representative does not receive notice until a later date due to absence, accident, illness or other cause beyond the representative's control.
If notice is sent by fax or email, it is deemed to be received on the day after it is sent, unless the day is a holiday, in which case it is deemed to be received on the next day that is not a holiday. 'Holiday' has the same meaning as 'holiday' under section 1.03 of the Rules of Civil Procedure. However, this does not apply if the representative does not receive notice until a later date due to absence, accident, illness or other cause beyond the representative's control.
A society must offer to enter into discussions with the band, First Nations, Inuit or Métis community of the First Nations, Inuit or Métis children they serve, with a view to establishing processes for consultation under sections 72 and 73.
• to conduct a safety assessment and develop a safety plan for the child unless consulting or providing notice creates a risk to the safety of the child, or another person;
• to provide ongoing protection services;
• to place a child in or to remove the child from a placement or a person's care;
• to conduct reunification assessments;
• the closure of a child protection case of a child who has been receiving ongoing protection services; and,
• to transition the child out of care, if the child consents to the consultation.
Notice offering to engage in consultation must be sent before the prescribed power has been exercised or the prescribed service has been provided, whenever practicable.
If notice cannot be sent before the exercise of the prescribed power or provision of the prescribed service has begun, it must be sent no later than the end of the next business day if the child's band, First Nations, Inuit or Métis community is within the territorial jurisdiction of the society, and no more than two business days later if it is not within the territorial jurisdiction of the society, or immediately upon determining that a prescribed power has been exercised or a prescribed service has been provided and no notice has been sent or consultation offered and the society proposes to continue to providing the prescribed service or continue the placement resulting from the exercise of the prescribed power.
The society must make itself available to engage in the case consultation no later than five days after receipt of notice if the child's band, First Nations, Inuit or Métis community is within the territorial jurisdiction of the society and no later than 30 days after receipt of notice if it is not within the territorial jurisdiction of the society.
Notice may be verbal, by regular mail, fax or email. If there are existing arrangements between the society and the band, First Nations, Inuit or Métis community, then notice shall be given in the manner agreed to.
If notice is verbal, the society must record the date and time of the notice and the name of the person to whom the notice was given.
If notice is sent by regular mail, it must be sent to the most recent address of the representative of the band, First Nations, Inuit or Métis community known to the society and is deemed to be received on the fifth day after it is mailed. However, this does not apply if the representative does not receive notice until a later date due to absence, accident, illness or other cause beyond the representative's control.
If notice is sent by fax or email, it is deemed to be received on the day after it is sent, unless the day is a holiday, in which case it is deemed to be received on the next day that is not a holiday. 'Holiday' has the same meaning as 'holiday' under section 1.03 of the Rules of Civil Procedure. However, this does not apply if the representative does not receive notice until a later date due to absence, accident, illness or other cause beyond the representative's control.
A society must offer to enter into discussions with the band, First Nations, Inuit or Métis community of the First Nations, Inuit or Métis children they serve, with a view to establishing processes for consultation under sections 72 and 73.
Further Information:
Child, Youth and Family Services Act, 2017
Proposal Number:
17-CYS036
Posting Date:
December 11, 2017
Comments Due Date:
January 26, 2018
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