Regulation - LGIC
Proposed regulatory amendments under the Child, Youth and Family Services Act, 2017 to outline additional provisions for searches of staff, visitors and young persons on the premises of youth justice custody/detention facilities
Regulation Number(s):
O. Reg. 155/18 (LGIC)
Instrument Type:
Regulation - LGIC
Bill or Act:
Child, Youth and Family Services Act, 2017
Summary of Proposal:
The Ministry of Children, Community and Social Services is proposing regulatory amendments under the Child, Youth and Family Services Act, 2017 (CYFSA), Ontario Regulation 155/18 to provide clear and consistent requirements that apply to conducting searches of staff and visitors, and to outline procedures for conducting strip searches of young persons in youth justice custody/detention facilities.
The CYFSA includes provisions that permit a person in charge of an open/secure youth custody/detention facility to authorize a search of the facility, including searches of young persons or any other person (e.g. staff, visitors), or their personal possessions (e.g., clothing, bags, gifts, food) on the premises, to be carried out in accordance with the rules set out in the CYFSA and the regulations. Currently, Ontario Regulation 155/18 (at sections 67-73) sets out general rules governing all searches. However, there are no specific provisions that set out detailed and consistent requirements for how searches of staff or visitors are to be conducted or that outline procedures for types of searches that can be conducted such as strip searches of young persons.
Formalizing these requirements in regulation will create consistency and transparency for how searches of staff, visitors, and young persons are conducted across youth custody/detention facilities in Ontario and will support the health and safety of all staff, visitors, and young persons in custody/detention by putting in place measures that will help reduce instances of contraband entering facilities. Regulatory requirements will also provide a basis for establishing oversight and monitoring compliance so that all searches of staff, visitors and young persons in youth justice custody/detention facilities are conducted fairly, respectfully and consistently across the province.
The CYFSA includes provisions that permit a person in charge of an open/secure youth custody/detention facility to authorize a search of the facility, including searches of young persons or any other person (e.g. staff, visitors), or their personal possessions (e.g., clothing, bags, gifts, food) on the premises, to be carried out in accordance with the rules set out in the CYFSA and the regulations. Currently, Ontario Regulation 155/18 (at sections 67-73) sets out general rules governing all searches. However, there are no specific provisions that set out detailed and consistent requirements for how searches of staff or visitors are to be conducted or that outline procedures for types of searches that can be conducted such as strip searches of young persons.
Formalizing these requirements in regulation will create consistency and transparency for how searches of staff, visitors, and young persons are conducted across youth custody/detention facilities in Ontario and will support the health and safety of all staff, visitors, and young persons in custody/detention by putting in place measures that will help reduce instances of contraband entering facilities. Regulatory requirements will also provide a basis for establishing oversight and monitoring compliance so that all searches of staff, visitors and young persons in youth justice custody/detention facilities are conducted fairly, respectfully and consistently across the province.
Analysis of Regulatory Impact:
There are no anticipated direct compliance costs, upfront or ongoing capital/operating costs to regulated entities, or fees that would occur as a result of the proposed regulatory amendments.
Further Information:
Appendix A - RR Posting Additional Material
Proposal Number:
24-MCCSS001
Posting Date:
February 6, 2024
Comments Due Date:
March 22, 2024
Contact Address:
Quality Assurance and Oversight Branch
Youth Justice Division
Ministry of Children, Community and Social Services
101 Bloor St W, Toronto, ON M5S 2Z7
Youth Justice Division
Ministry of Children, Community and Social Services
101 Bloor St W, Toronto, ON M5S 2Z7