Child, Youth and Family Services Act, 2017 Exemption (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-22
CLNP Page ID:	2378
Page Categories:	Care Homes (LTB)
Citation:	Child, Youth and Family Services Act, 2017 Exemption (RTA), CLNP 2378, <https://rvt.link/bu>, retrieved on 2024-11-22
Editor:	Sharvey
Last Updated:	2024/05/22

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

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5 This Act does not apply with respect to,

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(e) living accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Fixing Long-Term Care Act, 2021, the Ministry of Correctional Services Act or the Child, Youth and Family Services Act, 2017;

Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1

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2 (1) In this Act,

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“child in care” means a child or young person who is receiving residential care from a service provider and includes,

(a) a child who is in the care of a foster parent, and

(b) a young person who is,

(i) detained in a place of temporary detention under the Youth Criminal Justice Act (Canada),

(ii) committed to a place of secure or open custody designated under subsection 24.1 (1) of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, or

(iii) held in a place of open custody under section 150 of this Act; (“enfant recevant des soins”, “enfant qui reçoit des soins”)

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“young person” means,

(a) a person who is or, in the absence of evidence to the contrary, appears to be 12 or older but younger than 18 and who is charged with or found guilty of an offence under the Youth Criminal Justice Act (Canada) or the Provincial Offences Act, or

(b) if the context requires, any person who is charged under the Youth Criminal Justice Act (Canada) with having committed an offence while they were a young person or who is found guilty of an offence under the Youth Criminal Justice Act (Canada). (“adolescent”)

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“foster care” means the provision of residential care to a child, by and in the home of a person who,

(a) receives compensation for caring for the child, except under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997, and

(b) is not the child’s parent or a person with whom the child has been placed for adoption under Part VIII (Adoption and Adoption Licensing),

and “foster home” and “foster parent” have corresponding meanings; (“soins fournis par une famille d’accueil”, “famille d’accueil”, “parent de famille d’accueil”)

“licence” means a licence issued under Part VIII (Adoption and Adoption Licensing) or Part IX (Residential Licensing); a reference to a licence in Part VIII is to a licence issued under that Part and a reference to a licence in Part IX is to a licence issued under that Part; (“permis”)

“licensee” means the holder of a licence; (“titulaire de permis”)

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9 Upon admission to a residential placement, and at regular intervals thereafter, or, where intervals are prescribed, at the prescribed intervals thereafter, a child in care has a right to be informed, in language suitable to their understanding, of,

(a) their rights under this Part;

(b) the complaints procedures established under subsection 18 (1) and the further review available under section 19;

(c) the review procedures available for children under sections 64, 65 and 66;

(d) the review procedures available under section 152, in the case of a young person described in clause (b) of the definition of “child in care” in subsection 2 (1);

(e) their responsibilities while in the placement; and

(f) the rules governing day-to-day operation of the residential care, including disciplinary procedures.

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254 (1) An application for a licence or the renewal of a licence to operate a children’s residence or to provide residential care shall be made by submitting to a Director,

(a) an application in a form approved by the Minister;

(b) an attestation, to be completed by the applicant in a form approved by the Minister, confirming that the applicant is not prohibited from operating a children’s residence or from providing residential care under the authority of a licence under section 245;

(c) any other information or documentation that may be specified by the Minister; and

(d) payment of the prescribed fee.

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255 (1) On issuing or renewing a licence or at any other time, a Director may impose on the licence the conditions that the Director considers appropriate.

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259 (1) On issuing or renewing a licence, a Director may set out in the licence the maximum number of children for whom residential care may be provided by the licensee in the children’s residence or other place where residential care is provided.