Standing Committee on Social Policy

Consideration of bill

[39-1 Bill 77] Services for Persons with Developmental Disabilities Act, 2008

Bill 77 2008

An Act to provide services to persons with developmental disabilities, to repeal the Developmental Services Act and to amend certain other statutes

This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

CONTENTS
PART I INTERPRETATION
1. 2. 3. 4.	Definitions Interpretation, eligible for services and funding Developmental disability Services
PART II APPLICATION
5.	Application
PART III ADMINISTRATION
6. 7. 8.	Director Policy directives Application centres
PART IV FUNDING OF SERVICES
9. 10. 11.	Funding of services Funding of service agencies Direct funding agreements
PART V APPLICATION CENTRES: ACCESS TO SERVICES AND FUNDING
Definition
12.	Definition, applicant
Application for Services and Funding
13.	Application
Eligibility for Services and Funding
14. 15. 16.	Determination of eligibility Notice of determination Review of determination
Prioritization for Services and Funding
17. 18. 19. 20. 21.	Assessment and prioritization Service profile Prioritization, waiting list Reassessment of service profiles, etc. Notice of available funding or services
PART VI RULES GOVERNING SERVICE AGENCIES
22. 23. 24. 25.	Operation of service agencies Provision of services Quality assurance Reporting requirements
PART VII ENFORCEMENT
Inspections
26. 27. 28.	Inspectors Inspections without warrant Warrant
Compliance Orders and Appointment of Supervisor
29. 30. 31. 32. 33.	Compliance order Immediate take-overs Powers of manager on take-over Protection from personal liability Labour relations matters
PART VIII GENERAL
34. 35. 36. 37. 38. 39.	Collection and use of personal information Offences Regulations, Minister Regulations, Lieutenant Governor in Council Classes Municipal power to enter into agreements
PART IX TRANSITIONAL MATTERS
40. 41. 42. 43.	Transition, persons receiving services under Developmental Services Act Transition, prior determination of eligibility Transition, facilities under Developmental Services Act Transition, agreements under s. 2 (2) of Developmental Services Act
PART X CONSEQUENTIAL AMENDMENTS AND REPEAL
Consequential Amendments
44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60.	City of Greater Sudbury Act, 1999 City of Hamilton Act, 1999 City of Ottawa Act, 1999 City of Toronto Act, 2006 Coroners Act Crown Employees Collective Bargaining Act, 1993 Education Act Health Protection and Promotion Act Hospital Labour Disputes Arbitration Act Marriage Act Municipal Act, 2001 Pay Equity Act Residential Tenancies Act, 2006 Substitute Decisions Act, 1992 Succession Law Reform Act Town of Haldimand Act, 1999 Town of Norfolk Act, 1999
Repeal
61.	Repeal
PART XI COMMENCEMENT AND SHORT TITLE
62. 63.	Commencement Short title
___________

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Part I
interpretation

Definitions

1. In this Act,

"application centre" means an application centre designated by the Minister under section 8; ("centre de demande")

"direct funding" means funding for the benefit of a person with a developmental disability that is provided by the Minister through an application centre in accordance with a direct funding agreement; ("financement direct")

"direct funding agreement" means an agreement described in section 11; ("accord de financement direct")

"Director" means a Director appointed under section 6; ("directeur")

"Minister" means the Minister of Community and Social Services or any other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; ("ministre")

"policy directive" means a policy directive issued by a Director under section 7; ("directive en matière de politique")

"prescribed" means prescribed by regulation; ("prescrit")

"regulations" means the regulations made under this Act; ("règlement")

"service" means a service described in section 4 that is provided to a person with a developmental disability, or for the benefit of such a person; ("service")

"service agency" means a corporation or other prescribed entity that provides services to, or for the benefit of, persons with developmental disabilities and that has entered into a funding agreement with the Minister under section 10 with respect to those services. ("organisme de service")

Interpretation, eligible for services and funding

2. A reference in this Act to a person being eligible for services and funding under this Act is deemed to be a reference to the person being eligible to receive,

(a) services from a service agency that are funded by the Minister under a funding agreement made under section 10; and

(b) direct funding in accordance with a direct funding agreement made under section 11.

Developmental disability

3. (1) A person has a developmental disability for the purposes of this Act if the person has the prescribed significant limitations in cognitive functioning and adaptive functioning and those limitations,

(a) originated before the person reached 18 years of age;

(b) are likely to be life-long in nature; and

(c) affect areas of major life activity, such as personal care, language skills, learning abilities, the capacity to live independently as an adult or any other prescribed activity.

Same

(2) In subsection (1),

"adaptive functioning" means a person's capacity to gain personal independence, based on the person's ability to learn and apply conceptual, social and practical skills in his or her everyday life; ("fonctionnement adaptatif")

"cognitive functioning" means a person's intellectual capacity, including the capacity to reason, organize, plan, make judgments and identify consequences. ("fonctionnement cognitif")

Services

4. (1) The following are services to which this Act applies:

1. Residential support services.

2. Activities of daily living support services.

3. Community participation support services.

4. Caregiver respite services.

5. Professional and specialized services.

6. Any other prescribed services.

Definitions

(2) In this section and for the purposes of this Act,

"activities of daily living support services" means services to assist a person with a developmental disability with personal hygiene, dressing, grooming, meal preparation, administration of medication, and includes training related to money management, banking, using public transportation and other life skills and such other services as may be prescribed; ("services de soutien aux activités de la vie quotidienne")

"caregiver respite services" means services that are provided to, or for the benefit of, a person with a developmental disability by a person other than the primary caregiver of the person with a developmental disability and that are provided for the purpose of providing a temporary relief to the primary caregiver; ("services de relève pour fournisseurs de soins")

"community participation support services" means services to assist a person with a developmental disability with social and recreational activities, work activities, volunteer activities and such other services as may be prescribed; ("services de soutien à la vie communautaire")

"host family residence" means the residence of a family, composed of one or more persons, in which a person with a developmental disability who is not a family member is placed by a service agency to reside and receive care, support and supervision from the host family, in exchange for remuneration provided to the host family by the service agency; ("résidence de famille hôte")

"intensive support residence" means a staff-supported residence operated by a service agency,

(a) in which one or two persons with developmental disabilities reside, and

(b) in which each resident requires and receives intensive support that meets the prescribed requirements; ("résidence avec services de soutien intensif")

"professional and specialized services" includes services provided by a psychologist, social worker or speech language pathologist or such other services as may be prescribed; ("services professionnels et spécialisés")

"residential support services" means services that are provided to persons with developmental disabilities who reside in one of the following types of residence and includes the provision of accommodations, or arranging for accommodations, in any of the following types of residences, and such other services as may be prescribed:

1. Intensive support residences.

2. Supported group living residences.

3. Host family residences.

4. Supported independent living residences.

5. Such other types of residences as may be prescribed; ("services de soutien résidentiel")

"supported group living residence" means a staff-supported residence operated by a service agency, in which three or more persons with developmental disabilities reside and receive services from the agency; ("résidence de groupe avec services de soutien")

"supported independent living residence" means a residence operated by a service agency that is not supported by staff and in which one or more persons with developmental disabilities,

(a) reside alone or with others but independently of family members or of a caregiver, and

(b) receive services from the service agency. ("résidence avec services de soutien à l'autonomie")

Part II
Application

Application

5. This Act applies with respect to persons with developmental disabilities who reside in Ontario and are at least 18 years of age.

Part III
Administration

Director

6. (1) The Minister may appoint one or more Directors for the purposes of this Act.

Duties

(2) A Director shall perform such duties and exercise such powers as may be imposed or conferred on the Director by this Act and the regulations.

Limitations, etc.

(3) An appointment under this section is subject to such limitations or conditions as may be set out in the appointment.

Delegation

(4) A Director may, in writing, authorize a person or class of persons to exercise any of the powers or duties of the Director under his or her supervision and direction.

Policy directives

Service agencies

7. (1) A Director may issue policy directives to service agencies with respect to the following matters:

1. Performance standards and performance measures with respect to the provision of services for persons with developmental disabilities.

2. Such other matters as may be prescribed.

Application centres

(2) A Director may issue policy directives to application centres with respect to the following matters:

1. Procedures to be followed in monitoring and administering direct funding to or for the benefit of persons with developmental disabilities under section 11.

2. Procedures to be followed in performing the following functions:

i. determining under section 14 eligibility for services and funding under this Act,

ii. determining the method of assessment used under clause 18 (3) (a) to assess the needs of a person with a developmental disability for services under this Act,

iii. determining the method of allocating Ministry resources among persons with developmental disabilities,

iv. determining the method of prioritizing persons for whom a service profile has been developed.

3. The management of waiting lists referred to in subsection 19 (3).

4. Procedures and rules to be followed when reassessing service profiles and prioritization for services and funding under section 20.

5. Performance standards and performance measures with respect to the performance of duties under this Act.

6. Such other matters as may be prescribed.

Classes

(3) A policy directive may create different classes of service agencies and application centres and may contain different provisions in respect of each class.

Compliance

(4) Every service agency and application centre shall comply with the applicable policy directives.

Legislation Act, 2006, Part III

(5) A policy directive issued under this section is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

Publication

(6) The Director who issued the policy directive shall ensure that policy directives issued under this section are posted on the Ministry website or published in such other manner as may be prescribed.

Application centres

8. (1) The Minister may designate a service agency or other corporation as an application centre for the purposes of this Act.

Designation of others

(2) The Minister may designate such other entities as may be prescribed as application centres for the purposes of this Act.

Access to services

(3) Every application centre shall provide a single point of access to services funded under this Act for persons with developmental disabilities residing in the geographic area described in the application centre's designation.

Powers and duties

(4) Every application centre shall perform such duties and exercise such powers as may be specified in this Act or the regulations.

Branches

(5) An application centre may carry on business in two or more locations in the geographic area specified in its designation.

Designation of more than one application centre

(6) Despite subsection (3), the Minister may designate more than one application centre for the same specified geographic area.

Same

(7) If more than one application centre is designated for a geographic area, the application centres shall work together to provide access to services for persons with developmental disabilities residing in the area and for their families and caregivers.

Terms and conditions of designation

(8) The Minister may impose terms and conditions on a designation made under this section and may from time to time amend or remove the terms and conditions or impose new terms and conditions.

Funding

(9) The Minister may enter into funding agreements with application centres to provide funding with respect to the costs incurred by the application centres in exercising their powers or carrying out their duties under this Act.

Revocation of designation

(10) The Minister may revoke a designation made under this section.

Quality assurance

(11) An application centre shall comply with such quality assurance measures as may be prescribed.

Reporting requirements

(12) An application centre shall,

(a) make a report to the Minister whenever the Minister requests it, in the form and containing the information specified by the Minister; and

(b) comply with such other reporting requirements as may be prescribed.

Part Iv
funding of services

Funding of services

9. The Minister may fund services for persons with developmental disabilities using the following methods of funding:

1. The Minister may enter into funding agreements with service agencies under section 10.

2. In a funding agreement with an application centre described in subsection 8 (9), the Minister may agree to provide funds to the application centre for purposes of direct funding agreements entered into under section 11 by the application centre and persons with developmental disabilities or other persons on their behalf.

Funding of service agencies

10. (1) The Minister may enter into a written agreement with a service agency to fund the agency for the provision of specified services to, or for the benefit of, persons with developmental disabilities.

Terms and conditions

(2) An agreement under subsection (1) shall be subject to such terms and conditions as are specified in it.

Compliance with agreement, Act, etc.

(3) It is a term and condition of every funding agreement made under this section that the Minister may terminate some or all of the funding provided under the agreement if the service agency fails to comply with a term or condition of the agreement or with the requirements of this Act, the regulations or of an applicable policy directive.

Direct funding agreements

11. (1) An application centre may enter into a direct funding agreement under this section only if,

(a) an application for direct funding has been made under section 13;

(b) the funds to be provided under the agreement are requested solely for the purpose of purchasing services for the benefit of a person with a developmental disability that are part of a prescribed class of services;

(c) the person with a developmental disability for whose benefit the services would be purchased has been determined under section 14 to be eligible for services and funding under this Act; and

(d) the person who is to receive the funds under the agreement meets such requirements as may be prescribed.

Parties to agreement

(2) An application centre may enter into a direct funding agreement with a person with a developmental disability or with another person acting on behalf of a person with a developmental disability.

Direct funding agreement

(3) In a direct funding agreement,

(a) the application centre shall undertake to provide funds to the other party to the agreement or to a person described in subsection (4) for the purpose of purchasing specified services for the benefit of the person with a developmental disability; and

(b) the other party to the agreement shall agree to use the funds solely for the purpose of purchasing the services of the prescribed class that are specified in the agreement for the benefit of the person with a developmental disability.

Service co-ordinator

(4) In a direct funding agreement, the application centre and the other party to the agreement may agree that the funds provided under the agreement be paid to a third party who shall use the funds solely for the purpose of purchasing services for the benefit of the person with a developmental disability and in accordance with such further terms and conditions as may be specified in the agreement.

Contents of agreement

(5) A direct funding agreement shall set out the requirements of subsections (6), (7) and (8) and such other terms and conditions of the funding as may be required by regulation or specified in the agreement.

Receipts and reports

(6) A person who enters into a direct funding agreement with an application centre shall provide the application centre with such receipts and reports with respect to the use of the funds as may be required under the agreement.

Same

(7) Despite subsection (6), the receipts and reports may be provided to the application centre by a person described in subsection (4) who received funds under a direct funding agreement if the agreement so provides.

Duties of application centre

(8) The application centre shall provide funds for the person with a developmental disability at such times and in such manner as are specified in the direct funding agreement and shall monitor the expenditures of the funds by the person who receives them to determine if they are being used in accordance with this Act, the regulations and the agreement.

Misuse of funds

(9) If a person who receives funds under a direct funding agreement fails to use all or a part of the funds provided for the purpose referred to in clause (3) (b), the application centre may terminate the agreement.

Part v
application centres: Access to Services and funding

Definition

Definition, applicant

12. In this Part,

"applicant" means the person with a developmental disability who makes an application under subsection 13 (1) or on whose behalf an application is made under subsection 13 (2).

Application for Services and Funding

Application

13. (1) A person with a developmental disability who wishes to receive services from a service agency or direct funding for services under this Act, or both, may submit an application for such services or funding to the application centre designated for the geographical area in which the person resides.

Application on behalf of another

(2) An application under subsection (1) may be made on behalf of a person with a developmental disability, by a member of the person's family, by the person's caregiver or by any other person.

Content of application

(3) An application under subsection (1) may specify that the application is for,

(a) services provided by service agencies under this Act;

(b) direct funding for services; or

Amendment of application

(4) An application under subsection (1) may be amended at any time after the application is submitted with respect to the services or funding to be included in the application.

Form, etc.

(5) An application under subsection (1),

(a) shall be in the form approved by the Director, if any, and if there is no such form, in the form required by the application centre; and

(b) shall be accompanied by such information and documentation as the application centre may specify or as may be required by regulation.

Provision of information

(6) An application centre shall provide an applicant with information relating to,

(a) the services that are provided by service agencies in the geographical area for which the centre is designated; and

(b) direct funding.

Eligibility for Services and Funding

Determination of eligibility

14. (1) Upon receipt of an application under subsection 13 (1), an application centre shall determine in accordance with this section whether the applicant is eligible for services and funding under this Act.

Eligibility criteria

(2) An applicant is eligible for services and funding under this Act if,

(a) he or she has a developmental disability within the meaning of section 3 and provides proof of the disability as required under subsection (3);

(b) he or she is at least 18 years of age; and

Proof of developmental disability

(3) An applicant, or a person acting on behalf of the applicant, shall provide the application centre with documentation that satisfies the application centre that the applicant has been assessed by a person with the prescribed qualifications, using such methods of assessment or criteria as may be prescribed, and determined to have a developmental disability within the meaning of section 3.

Further assessment

(4) If an application centre is not satisfied that the applicant has a developmental disability based on the documentation provided under subsection (3), the application centre may require the applicant to undergo further assessment by a person with the prescribed qualifications, using such methods of assessment or criteria as may be prescribed.

Assessment report

(5) The person who conducts an assessment under subsection (4) shall provide the application centre with a report which shall include a determination of whether, in the assessor's opinion, the applicant has a developmental disability within the meaning of section 3.

Notice of determination

15. The application centre shall give the applicant, or a person who applied on the applicant's behalf under section 13 (2), or both, notice in writing of its determination as to whether the applicant is eligible for services and funding under this Act and of the reasons for the determination.

Review of determination

16. (1) If the application centre determines that an applicant is not eligible for services and funding under this Act, the applicant, or a person acting on his or her behalf, may request a review of the determination in accordance with the regulations.

Same

(2) The review shall be conducted in accordance with the regulations.

Statutory Powers Procedure Act

(3) Despite section 32 of the Statutory Powers Procedure Act, that statute does not apply to a review conducted under this section.

Prioritization for Services and Funding

Assessment and prioritization

17. If an applicant is determined to be eligible for services and funding under this Act and if, in the case of an application for direct funding, the requirements for direct funding specified in subsection 11 (1) are satisfied, the application centre shall assess the applicant's needs for services and prioritize the provision of services and funding to the applicant in accordance with sections 18 and 19.

Service profile

18. (1) An application centre shall develop a service profile for each applicant who is determined to be eligible for services and funding under this Act.

Content of service profile

(2) A service profile shall set out the services that may be provided by service agencies under this Act or for which direct funding may be provided under this Act, or both, as the case may be, based on the applicant's needs and the resources available under this Act.

Development of service profile

(3) In developing a service profile for a person with a developmental disability, an application centre shall,

(a) using the method of assessment specified in a policy directive, conduct an assessment of the person's needs for services under this Act; and

(b) apply the method of resource allocation specified in a policy directive to determine which services may be provided to the person under this Act and the amount of funding available under this Act for those services.

Participation of person with developmental disability, etc.

(4) An assessment under clause (3) (a) shall provide the person with a developmental disability, and any person who submitted an application under section 13 on his or her behalf, an opportunity to participate in the assessment and shall take into consideration the preferences of such persons.

Prioritization, waiting list

19. (1) An application centre shall prioritize applications for services or funding received under subsection 13 (1) based on information contained in the applications and on the service profiles prepared under section 18.

Rules respecting prioritization

(2) In prioritizing applications, an application centre shall follow the rules for prioritizing applications set out in a policy directive.

Waiting lists

(3) An application centre may establish waiting lists for services provided by service agencies under this Act and for direct funding and shall manage those lists in accordance with any applicable policy directives.

Same

(4) If there are not sufficient funds available in an application centre's geographic area to provide one or more services specified in an applicant's service profile immediately or, where direct funding is requested, to provide the direct funding immediately, the application centre may place the applicant on a waiting list for the services or funding, as the case may be.

Reassessment of service profiles, etc.

20. After an application centre has developed a service profile for an applicant and prioritized the application, the application centre may, subject to the procedures and rules for reassessment set out in a policy directive,

(a) reassess the applicant's service profile in accordance with section 18; and

(b) reassess the prioritization for services or direct funding, based on the reassessment of the service profile under clause (a), in accordance with section 19.

Notice of available funding or services

21. (1) If an applicant has been placed on a waiting list for services provided by service agencies or for direct funding, the application centre shall,

(a) in the case of an application for services from service agencies, give notice to a person described in subsection (2) when one or more of the services becomes available and refer the applicant or person to the appropriate service agency; and

(b) in the case of an application for direct funding, give notice to a person described in subsection (2) when the funding becomes available.

Same

(2) A notice under subsection (1) shall be provided to the applicant, or to the person who submitted the application for services on the applicant's behalf under subsection 13 (2), or to both.

Part vi
rULES GOVERNING Service agencies

Operation of service agencies

22. A service agency shall comply with any prescribed requirements with respect to the operation of the agency, including any requirements relating to the composition of its board of directors, if any, the agency's by-laws or the qualifications of any employees of the agency or of any other persons who provide services on behalf of the agency.

Provision of services

23. A service agency shall provide services in accordance with,

(a) the terms and conditions specified in its funding agreement; and

(b) such performance standards and measures relevant to each service as may be required in a policy directive.

Quality assurance

24. A service agency shall comply with such quality assurance measures as may be prescribed.

Reporting requirements

25. A service agency shall,

(a) make a report to the Minister whenever the Minister requests it, in the form and containing the information specified by the Minister; and

(b) comply with such other reporting requirements as may be prescribed.

Part VII
Enforcement

Inspections

Inspectors

26. (1) A Director may appoint inspectors for purposes of this Act.

Director, inspector by office

(2) A Director is an inspector for purposes of this section by virtue of his or her office.

Certificate of appointment

(3) The Director shall issue to every inspector a certificate of appointment bearing his or her signature or a facsimile of his or her signature.

Production of certificate

(4) An inspector carrying out an inspection under section 27 shall produce his or her certificate of appointment upon request.

Inspections without warrant

27. (1) An inspector may carry out an inspection under this Act in order to determine if a service agency or an application centre is complying with this Act, the regulations and the applicable policy directives.

Entry

(2) Subject to subsection (3), at any reasonable time, an inspector may, without warrant, enter premises that are owned or operated by a service agency or by an application centre in order to carry out an inspection.

Residences

(3) The power to enter premises under subsection (2) shall not be exercised with respect to a residence for persons with developmental disabilities that is owned or operated by a service agency unless the residence is a supported group living residence, an intensive support residence or a prescribed type of residence.

Powers

(4) Upon entering premises under subsection (2), an inspector may,

(a) require any person in the premises to produce any document, record or thing that is relevant to the inspection;

(b) upon giving a receipt for it, remove any document, record or thing that is relevant to the inspection for the purposes of making copies or extracts;

(d) in the case of an inspection of a residence referred to in subsection (3) or of other premises in which services are provided to persons with developmental disabilities, examine the condition of the premises and its equipment and inquire from any person present in the premises, including residents or other persons receiving services from a service agency, about,

(i) the adequacy of the staff,

(ii) the range of services provided in the premises, and

(iii) any other matter considered relevant to the provision of services to persons with developmental disabilities; and

(e) use any data storage, processing or retrieval device or system used in carrying on business in the premises in order to produce a document or record in readable form.

Written demand

(5) A demand that a document, record or thing be produced for inspection must be in writing and must include a statement of the nature of the document, record or thing required.

Assistance

(6) An inspector may be accompanied by any person who has special, expert or professional knowledge and who may be of assistance in carrying out the inspection.

Use of force prohibited

(7) An inspector shall not use force to enter and inspect premises under this section.

Obligation to produce and assist

(8) A person who is required to produce a document, record or thing under clause (4) (a) shall produce it and shall, on request by the inspector, provide any assistance that is reasonably necessary, including assistance in using any data storage, processing or retrieval device or system, to produce a document or record in readable form.

Return of removed things

(9) An inspector who removes any document, record or thing from premises under clause (4) (b) shall,

(a) make it available to the person from whom it was removed, on request, at a time and place convenient for both the person and the inspector; and

(b) return it to the person being inspected within a reasonable time.

Admissibility of copies

(10) A copy of a document or record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Warrant

28. (1) A justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter premises specified in the warrant and to exercise any of the powers mentioned in subsection 27 (4), if the justice of the peace is satisfied on information under oath or affirmation that,

(a) the inspector has been prevented from entering premises under section 27, or has been prevented from exercising a power under subsection 27 (4); or

(b) there are reasonable grounds to believe that the inspector will be prevented from entering premises under section 27, or will be prevented from exercising a power under subsection 27 (4).

Expiry of warrant

(2) A warrant issued under this section shall name a date on which it expires, which shall not be later than 30 days after the warrant is issued.

Extension of time

(3) A justice of the peace may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the inspector named in the warrant.

Use of force

(4) An inspector named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a police officer for assistance in executing the warrant.

Time of execution

(5) A warrant issued under this section may be executed only between 8 a.m. and 8 p.m., unless the warrant specifies otherwise.

Other matters

(6) Subsections 27 (5), (6), (8), (9) and (10) apply, with necessary modifications, with respect to the exercise, under a warrant issued under this section, of the powers mentioned in subsection (1).

Compliance Orders and Appointment of Manager

Compliance order

29. (1) Subject to subsection (3), a Director may make an order under subsection (2) if a service agency or an application centre has failed to comply with this Act, the regulations or a policy directive.

Same

(2) In an order under this section, a Director may direct the service agency or application centre to do either or both of the following:

1. To do anything, or refrain from doing anything, to achieve compliance within the time period specified in the order.

2. To prepare, submit and implement, within the time period specified in the order, a plan for achieving compliance.

Notice of proposed order

(3) Before making an order under subsection (2) against a service agency or application centre, a Director shall give notice of the proposed order, together with the reasons therefore, to the service agency or application centre.

Right to respond

(4) A notice under subsection (3) shall inform the service agency or application centre of the right to make submissions to the Director with respect to the proposed order within 14 days of receipt of the notice or within such other time period specified in the notice.

Order

(5) A Director may issue an order under subsection (2) after considering a submission received under subsection (4) or, if no submission is received, after the time period required under subsection (4) has expired.

Compliance required

(6) A service agency or application centre served with an order by a Director under subsection (2) shall comply with the order within the time specified in it.

Failure to comply

(7) If a service agency or application centre fails to comply with an order under subsection (2) within the time specified in it, the Minister may,

(a) in the case of an order made against a service agency, terminate a funding agreement made under section 10; and

(b) in the case of an order made against an application centre, revoke the application centre's designation under section 8 and terminate the funding agreement made under subsection 8 (9).

Immediate take-overs

30. (1) Upon notice to a service agency or an application centre, the Minister may, based on grounds set out in subsection (2), appoint a person to take over and manage the affairs of the service agency or application centre.

Grounds

(2) An order may be made under this section if there are reasonable grounds to believe that,

(a) funds provided by the Minister under this Act to the service agency or application centre have been misappropriated or there has been gross negligence in the management of those funds; or

(b) in the case of a service agency, the manner in which services are provided by the agency constitutes, in the Minister's opinion, an immediate threat to the health, safety or well-being of persons with developmental disabilities.

Notice

(3) A notice of the appointment of a manager shall set out,

(a) the date and time at which the appointment becomes effective;

(b) the reasons for the appointment; and

Request for review

(4) A service agency or application centre that receives notice of the appointment of a manager under this section may request a review of the order in accordance with the regulations.

Review

(5) If a request for a review is made under subsection (4), the review shall be conducted, in accordance with the regulations, as soon as possible after a manager is appointed under subsection (1).

Powers of manager on take-over

31. (1) If a manager is appointed under section 30 to take over and manage the affairs of a service agency or application centre, the manager has all the powers of the board of directors of the agency or centre, as the case may be.

Occupation of premises

(2) Without limiting the generality of subsection (1), the manager appointed under section 30 may,

(a) despite sections 25 and 39 of the Expropriations Act, immediately occupy, operate and manage any premises occupied or used by the service agency or application centre in the course of operating their business; and

(b) apply without notice to the Superior Court of Justice for an order directing the sheriff to assist the manager in occupying the premises.

Maximum period

(3) The manager shall not occupy, operate or manage premises occupied or used by the service agency or application centre, as the case may be, for a period exceeding two years without the consent of the service agency or application centre, but the Lieutenant Governor in Council may from time to time authorize an extension of the period.

Protection from personal liability

32. (1) No action or other proceeding for damages or otherwise shall be instituted against a manager appointed under section 30, or any agent of the manager, as a result of any act done in good faith in the performance or intended performance of any duty under this Act or in the exercise or intended exercise of any power under this Act, or of any neglect or default in the performance or exercise in good faith of such duty or power.

Crown liability

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject.

Liability for actions previous to take-over

(3) The Crown and any manager appointed under section 30 shall not, by reason of the appointment of the manager, be responsible for any liability of the service agency or application centre for which the manager was appointed that was incurred during a period before the appointment of the manager or attributable to such a period.

Labour relations matters

Not successor employer

33. (1) The appointment of a manager under section 30, the operation of a service agency or application centre by the manager or the ceasing of that operation is not a sale of a business for the purposes of section 9 of the Employment Standards Act, 2000, section 69 of the Labour Relations Act, 1995 or section 13.1 of the Pay Equity Act.

Related employers

(2) If a manager is appointed under section 30,

(a) no person is entitled to make an application under subsection 1 (4) of the Labour Relations Act, 1995; and

(b) the manager and either the service agency or the application centre, as the case may be, shall not be treated as one employer under section 4 of the Employment Standards Act, 2000.

part viII
general

Collection and use of personal information

34. (1) The Minister may collect personal information directly from persons who apply for or receive services from service agencies or direct funding under this Act, or indirectly from others, for purposes relating to the following matters and may use it for those purposes:

1. Administering this Act and the regulations.

2. Monitoring compliance with this Act, the regulations and the policy directives.

3. Reviewing, assessing and updating policy directives.

4. Evaluating the performance of service agencies and application centres.

5. Planning and forecasting the need for services in various geographic areas in the Province and the human and financial resources that will be required to meet changes in those needs.

6. Risk management or activities to evaluate the services that are provided under this Act, so as to promote the safety and security of persons with developmental disabilities.

Limits on collection and use

(2) The Minister shall not collect or use personal information if other information will serve the purpose of the collection or use.

Same

(3) The Minister shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use.

Disclosure by application centres

(4) The Minister may require an application centre to disclose to him or her personal information that it collected in the course of its duties under this Act for the purposes described in subsection (1).

Definition, personal information

(5) In this section,

"personal information" means personal information within the meaning of the Freedom of Information and Protection of Privacy Act.

Offences

35. (1) A person is guilty of an offence if the person,

(a) knowingly hinders or obstructs an inspector carrying out an inspection under section 27;

(b) knowingly furnishes false information to the inspector; or

Corporation

(2) If a corporation commits an offence under subsection (1), any director, officer or employee of the corporation who knowingly authorized or concurs in the commission of the offence is guilty of an offence.

Penalty

(3) Every person convicted of an offence under this section is liable to a fine of not more than $5,000.

Regulations, Minister

36. The Minister may make regulations,

(a) respecting applications for a review of a determination of eligibility made under section 16 and the conduct of such a review, including determining the person or entity who will conduct the review and the rules and procedures that apply to the review;

(b) governing quality assurance measures applicable to application centres and service agencies and requiring compliance with such measures;

(c) governing reports to be made to the Minister by application centres for the purposes of subsection 8 (12) and by service agencies for the purposes of section 25;

(d) respecting the financial records and other records to be kept by application centres and service agencies and requiring such records to be made available in the prescribed manner.

Regulations, Lieutenant Governor in Council

37. The Lieutenant Governor in Council may make regulations,

(a) providing for any matter that is referred to in this Act as being prescribed, as being authorized by, specified in or provided for in the regulations or as being made or done in accordance with the regulations;

(b) defining "significant limitations" for the purposes of subsection 3 (1);

(c) prescribing additional services to which this Act applies for the purposes of paragraph 6 of subsection 4 (1) and defining "social and recreational activities", "work activities" and "volunteer activities" for the purposes of the definition of "community participation support services" in subsection 4 (2) and defining "intensive support" for the purposes of the definition of "intensive support residence" in subsection 4 (2);

(d) respecting the powers and duties of a Director;

(e) governing application centres, including the designation of entities, other than service agencies or corporations, as application centres, prescribing the powers and duties of application centres and respecting funding agreements made between the Minister and application centres under subsection 8 (9);

(f) governing funding agreements made between the Minister and service agencies under section 10;

(g) governing direct funding and direct funding agreements made under section 11 between an application centre and either a person with a developmental disability or another person acting on that person's behalf;

(h) governing applications for services or funding made by or on behalf of persons with developmental disabilities under Part V, including determinations of eligibility for such services and funding and prioritization for services and funding;

(i) governing the powers of a manager appointed under section 30;

(j) governing reviews of an order conducted under subsection 30 (5) and requests for such reviews;

(k) governing service agencies, including their operation, the composition of their board of directors, if any, and the qualifications of their employees or of any other persons who provide services to, or for the benefit of, persons with developmental disabilities;

(l) governing the provision of services by service agencies to, or for the benefit of, persons with developmental disabilities, including the provision of residential support services;

(m) governing residences for persons with developmental disabilities in which residential support services are provided and prescribing additional types of residences for the purposes of the definition of "residential support services" in subsection 4 (2);

(n) respecting intensive support residences and supported group living residences, including the standards applicable to the construction and maintenance of such residences, the health and safety of residents, the requirements for staff and volunteers and their qualifications, the provision of services to residents, the maintenance of records and the rules governing physical restraint of residents and the training of staff in relation to the use of physical restraint;

(o) respecting training programs for staff and volunteers of application centres and service agencies;

(p) governing practices and procedures relating to complaints received from persons with developmental disabilities or others, including establishing a complaints process for such complaints or requiring application centres and service agencies to establish a complaints process in accordance with the regulations;

(q) respecting any transitional matters necessary for the effective implementation of this Act and the regulations.

Classes

38. A regulation made under section 36 or 37 may create different classes of persons, service agencies, application centres and residences for persons with developmental disabilities and may contain different provisions in respect of each class.

Municipal power to enter into agreements

39. (1) A regional municipality may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence, with respect to the construction, operation or maintenance of the residence.

Corporations

(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,

(a) to which Part III of the Corporations Act applies; or

(b) that is incorporated under a general or special Act of the Parliament of Canada.

Part ix
Transitional matters

Transition, persons receiving services under Developmental Services Act

40. (1) If, before the day this section comes into force, a person who is at least 18 years of age is receiving, or benefiting from, services purchased by the Minister under subsection 2 (2) of the Developmental Services Act, the person, on and after that day,

(a) is deemed to be eligible for services and funding under this Act for the purposes of section 14; and

(b) shall continue to receive, or benefit from, those same services until such time as the application centre for the geographic area in which the person resides conducts a reassessment in accordance with subsection (2).

Reassessments

(2) The application centre for the geographic area in which a person described in subsection (1) resides shall, subject to such procedures or rules as may be prescribed or specified in a policy directive,

(a) develop a service profile for the person in accordance with section 18; and

(b) prioritize services and funding for the person in accordance with section 19.

Direct funding

(3) For greater certainty, if a person described in subsection (1) applies for direct funding under this Act, the person shall comply with all the requirements of this Act except that the person shall be deemed to be eligible for services and funding under this Act, and to have met all the requirements of section 14, for the purposes of the application.

Transition, prior determination of eligibility

41. (1) This section applies to a person with a developmental disability if,

(a) before the day this section comes into force, an application for services was submitted by or on behalf of the person with a developmental disability to a person who provided services in accordance with an agreement made under subsection 2 (2) of the Developmental Services Act; and

(b) on the day this section comes into force, the person with a developmental disability has not begun to receive, or benefit from, the services.

Same

(2) A person with a developmental disability described in subsection (1) shall be deemed to be eligible for services and funding under this Act for the purposes of section 14 on and after the day this section comes into force if the person,

(a) received, before the day this section comes into force, notice in writing from the person who received the application referred to in clause (1) (a) stating that the person had been found to be eligible for services; or

(b) otherwise satisfies the application centre for the geographic region in which the person with a developmental disability resides that, before the day this section comes into force, the person who received the application referred to in clause (1) (a) had found the person with a developmental disability to be eligible for services.

Assessments

(3) The application centre for the geographic area in which a person described in subsection (1) resides may, subject to such procedures or rules as may be prescribed or specified in a policy directive,

(a) develop a service profile for the person in accordance with section 18; and

(b) prioritize services and funding for the person in accordance with section 19.

Direct funding

(4) For greater certainty, if a person with a developmental disability described in subsection (1) applies for direct funding under this Act, the person shall comply with all the requirements of this Act except that the person shall be deemed to be eligible for services and funding under this Act, and to have met all the requirements of section 14, for the purposes of the application.

Transition, facilities under Developmental Services Act

42. Despite the repeal of the Developmental Services Act and despite any revocation of Regulation 272 of the Revised Regulations of Ontario, 1990 (General) made under that Act, the provisions of that Act and regulation that applied to the following facilities listed in Schedule 1 to the regulation on the day before the repeal and revocation continue, on and after that day, to apply to the facilities until they cease operation:

1. The Southwestern Regional Centre located in Cedar Springs, Ontario.

2. The Huronia Regional Centre located in Orillia, Ontario.

3. The Rideau Regional Centre located in Smiths Falls, Ontario.

Transition, agreements under s. 2 (2) of Developmental Services Act

43. Despite the repeal of the Developmental Services Act, if, before the day this section comes into force, an agreement made under subsection 2 (2) of that Act is valid and in effect, then on and after that day,

(a) the agreement is deemed to be a funding agreement made under section 10 and shall continue to be valid and in effect until March 31 following the day this section comes into force; and

(b) the person who entered into the agreement with the Minister is deemed to be a service agency for the purposes of this Act.

Part x
consequential amendments and repeal

Consequential Amendments

City of Greater Sudbury Act, 1999

44. Subsection 11.8 (1) of the City of Greater Sudbury Act, 1999 is repealed and the following substituted:

Powers re: supported group living residences

(1) The city may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence under the Services for Persons with Developmental Disabilities Act, 2008 with respect to the construction, operation or maintenance of the residence.

City of Hamilton Act, 1999

45. Subsection 11.2 (1) of the City of Hamilton Act, 1999 is repealed and the following substituted:

Powers re: supported group living residences

City of Ottawa Act, 1999

46. Subsection 12.2 (1) of the City of Ottawa Act, 1999 is repealed and the following substituted:

Powers re: supported group living residences

(1) The city may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence within the meaning of the Services for Persons with Developmental Disabilities Act, 2008 with respect to the construction, operation or maintenance of the residence.

City of Toronto Act, 2006

47. (1) Subsection 285 (4) of the City of Toronto Act, 2006 is repealed and the following substituted:

Annual levy on premises for the developmentally disabled

(4) Despite any Act, if there are situate in the City premises described in subsection (4.1) and designated by the Minister of Community and Social Services, the City may by by-law levy an annual amount payable on or after July 1 upon those premises, not exceeding the prescribed amount for each provincially rated bed in the premises as determined by the Minister of Community and Social Services.

Same

(4.1) Subsection (4) applies with respect to the following premises:

1. Facilities that were,

i. established under the Developmental Services Act, before that Act was repealed under section 61 of the Services for Persons with Developmental Disabilities Act, 2008, and

ii. listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 (General) made under the Developmental Services Act.

2. Supported group living residences under the Services for Persons with Developmental Disabilities Act, 2008.

(2) Subsection 285 (4) of the Act, as re-enacted by subsection (1), and subsection 285 (4.1) of the Act, as enacted by subsection (1), are repealed and the following substituted:

Annual levy on residences for the developmentally disabled

(4) Despite any Act, if there are situate in the City one or more residences that are supported group living residences under the Services for Persons with Developmental Disabilities Act, 2008 and that are designated by the Minister of Community and Social Services, the City may by by-law levy an annual amount payable on or after July 1 upon those residences, not exceeding the prescribed amount for each provincially rated bed in the residences as determined by the Minister of Community and Social Services.

Coroners Act

48. Clause 10 (2) (d) of the Coroners Act is repealed and the following substituted:

(d) a supported group living residence under the Services for Persons with Developmental Disabilities Act, 2008;

Crown Employees Collective Bargaining Act, 1993

49. (1) Clause (b) of the definition of "facility" in subsection 7 (5) of the Crown Employees Collective Bargaining Act, 1993 is repealed and the following substituted:

(b) a facility that was,

(i) established under the Developmental Services Act, before that Act was repealed under section 61 of the Services for Persons with Developmental Disabilities Act, 2008, and

(ii) listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 (General) made under the Developmental Services Act,

(2) Clause (b) of the definition of "facility" in subsection 7 (5) of the Act, as re-enacted by subsection (1), is repealed.

Education Act

50. Subsection 190 (3) of the Education Act is amended by striking out "a facility designated under the Developmental Services Act" and substituting "a supported group living residence under the Services for Persons with Developmental Disabilities Act, 2008".

Health Protection and Promotion Act

51. Clause (e) of the definition of "institution" in subsection 21 (1) of the Health Protection and Promotion Act is repealed and the following substituted:

(e) "supported group living residence" within the meaning of the Services for Persons with Developmental Disabilities Act, 2008;

Hospital Labour Disputes Arbitration Act

52. Clause 3 (3) (a) and subsections 3 (4) and (5) of the Hospital Labour Disputes Arbitration Act are amended by striking out "Developmental Services Act" wherever it appears and substituting in each case "Services for Persons with Developmental Disabilities Act, 2008".

Marriage Act

53. Subsection 5 (5) of the Marriage Act is amended by striking out "or are residents of a facility under the Developmental Services Act".

Municipal Act, 2001

54. (1) Subsection 323 (4) of the Municipal Act, 2001 is repealed and the following substituted:

Annual levy on premises for the developmentally disabled

(4) Despite any Act, a local municipality, in which there are situate premises described in subsection (4.1) and designated by the Minister of Community and Social Services, may by by-law levy an annual amount payable on or after July 1 upon those premises, not exceeding the prescribed amount for each provincially rated bed in the premises as determined by the Minister of Community and Social Services.

Same

(4.1) Subsection (4) applies with respect to the following premises:

1. Facilities that were,

i. established under the Developmental Services Act, before that Act was repealed under section 61 of the Services for Persons with Developmental Disabilities Act, 2008, and

ii. listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 (General) made under the Developmental Services Act.

2. Supported group living residences under the Services for Persons with Developmental Disabilities Act, 2008.

(2) Subsection 323 (4) of the Act, as re-enacted by subsection (1), and subsection 323 (4.1) of the Act, as enacted by subsection (1), are repealed and the following substituted:

Annual levy on residences for the developmentally disabled

(4) Despite any Act, a local municipality in which are situate one or more residences that are supported group living residences under the Services for Persons with Developmental Disabilities Act, 2008 and that are designated by the Minister of Community and Social Services, may by by-law levy an annual amount payable on or after July 1 upon those residences, not exceeding the prescribed amount for each provincially rated bed in the residences as determined by the Minister of Community and Social Services.

Pay Equity Act

55. Clause 1 (k) under the heading "Ministry of Community and Social Services" in the Appendix to the Schedule to the Pay Equity Act is amended by striking out "Developmental Services Act" and substituting "Services for Persons with Developmental Disabilities Act, 2008".

Residential Tenancies Act, 2006

56. (1) If on the day this subsection comes into force section 226 of the Long-Term Care Homes Act, 2007 is not in force, clause 5 (e) of the Residential Tenancies Act, 2006 is repealed and the following substituted:

(e) living accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Community Psychiatric Hospitals Act, the Mental Hospitals Act, the Homes for the Aged and Rest Homes Act, the Nursing Homes Act, the Ministry of Correctional Services Act, the Charitable Institutions Act or the Child and Family Services Act or is a facility that was,

(i) established under the Developmental Services Act before that Act was repealed by section 61 of the Services for Persons with Developmental Disabilities Act, 2008, and

(ii) listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 (General) made under the Developmental Services Act;

(2) On the later of the day this subsection comes into force and the day section 226 of the Long-Term Care Homes Act, 2007 comes into force, clause 5 (e) of the Residential Tenancies Act, 2006 is repealed and the following substituted:

(e) living accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Community Psychiatric Hospitals Act, the Mental Hospitals Act, the Long-Term Care Homes Act, 2007, the Ministry of Correctional Services Act or the Child and Family Services Act or is a facility that was,

(i) established under the Developmental Services Act before that Act was repealed by section 61 of the Services for Persons with Developmental Disabilities Act, 2008, and

(ii) listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 (General) made under the Developmental Services Act;

(3) If on the day this subsection comes into force section 226 of the Long-Term Care Homes Act, 2007 is not in force, clause 5 (e) of the Act, as re-enacted by subsection (1), is repealed and the following substituted:

(4) On the later of the day this subsection comes into force and the day section 226 of the Long-Term Care Homes Act, 2007 comes into force, clause 5 (e) of the Act, as re-enacted by subsection (2), is repealed and the following substituted:

(e) living accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Community Psychiatric Hospitals Act, the Mental Hospitals Act, the Long-Term Care Homes Act, 2007, the Ministry of Correctional Services Act or the Child and Family Services Act;

(5) Clause 6 (1) (b) of the Act is repealed and the following substituted:

(b) accommodation that is a supported group living residence under the Services for Persons with Developmental Disabilities Act, 2008.

Substitute Decisions Act, 1992

57. (1) The definition of "facility" in subsection 1 (1) of the Substitute Decisions Act, 1992 is amended by adding the following clause:

(a.1) a facility that is a supported group living residence under the Services for Persons with Developmental Disabilities Act, 2008,

(2) The Schedule to the Act is amended by striking out "Developmental Services Act".

Succession Law Reform Act

58. (1) Subsection 74 (1) of the Succession Law Reform Act is amended by striking out "a resident in a facility under the Developmental Services Act" and substituting "a resident in a supported group living residence under the Services for Persons with Developmental Disabilities Act, 2008".

(2) Subsection 74 (2) of the Act is amended by striking out "a resident in a facility under the Developmental Services Act" and substituting "a resident in a supported group living residence under the Services for Persons with Developmental Disabilities Act, 2008".

Town of Haldimand Act, 1999

59. Subsection 13.2 (1) of the Town of Haldimand Act, 1999 is repealed and the following substituted:

Powers re: supported group living residences

(1) The town may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a supported group living residence under the Services for Persons with Developmental Disabilities Act, 2008 with respect to the construction, operation or maintenance of the residence.

Town of Norfolk Act, 1999

60. Subsection 13.2 (1) of the Town of Norfolk Act, 1999 is repealed and the following substituted:

Powers re: supported group living residence

Repeal

61. The Developmental Services Act is repealed.

part xi
commencement and short title

Commencement

62. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

63. The short title of this Act is the Services for Persons with Developmental Disabilities Act, 2008.

EXPLANATORY NOTE

The Bill repeals the Developmental Services Act (the old Act) and enacts new legislation (the new Act) relating to the provision of services for persons with developmental disabilities.

Under the old Act, the Minister established and operated facilities in which persons with developmental disabilities resided and received services. The old Act and the regulations under that Act provided the rules relating to the operation of those facilities. The residential facilities operated by the Ministry under the old Act are not continued under the new Act and will be closed after the old Act is repealed.

Subsection 2 (2) of the old Act provided that the Minister could enter into agreements to purchase services for or on behalf of persons with developmental disabilities. Under such agreements, the Minister provided funds to service agencies for the provision of certain services to persons with developmental disabilities and for the operation of group homes in which persons with developmental disabilities resided. The new Act provides a new framework for the provision and the funding of services to, or for the benefit of, persons with developmental disabilities.

Section 3 of the new Act clarifies the concept of developmental disability for purposes of the Act to ensure that the Act is applied consistently to persons with similar degrees of developmental disability. (This concept is essential to determinations made under section 14 of the new Act as to who is eligible for services and funding under the Act.) Section 4 of the new Act sets out the services to which the Act applies, including services relating to residences operated by service agencies.

Under section 8 of the new Act, the Minister may designate application centres for geographic areas specified in their designation. The application centres shall act as the point of access to services for persons with developmental disabilities residing in the geographic area. Persons with developmental disabilities, or others acting on their behalf, may apply under Part V of the new Act to application centres for services or funding under the Act. The application centre is responsible for determining whether a person with a developmental disability is eligible for services and funding under the Act and allocating the funding and services available in the geographic area among the applicants.

Under section 9 of the new Act, the Minister may fund services using two funding methods. As was the case under the old Act, the Minister continues to be able to enter into funding agreements with service agencies who will provide services to or for the benefit of persons with developmental disabilities. Under the new Act, the Minister may also provide funding to application centres for purposes of direct funding agreements that the application centres may enter into under section 11. Under a direct funding agreement, an application centre may provide funds directly to a person with a disability, or to another person on behalf of the person with a developmental disability. Such agreements are only permitted under the Act where the funds are required to purchase a prescribed type of service and where the person receiving funds under the agreement meets certain prescribed requirements.

Sections 22 and 23 of the new Act set out the requirements applicable to service agencies with respect to the operation of the agency and the provision of services. Both application centres and service agencies are required to comply with prescribed quality assurance measures and to make such reports as may be required by the Minister or by regulation.

Part VII of the new Act sets out the enforcement mechanisms under the Act. Sections 26 to 28 of the Act provide for the inspection of premises owned or operated by services agencies and application centres, including residences for persons with developmental disabilities. Section 29 gives a Director the power to order a service agency or application centre to comply with the Act, the regulations or a policy directive. Section 30 gives the Minister the power to appoint a person to take over and manage the affairs of a service agency or application centre in certain specified circumstances.

Part VIII of the new Act includes provisions relating to the collection and use of personal information by the Minister, offences and regulations. Section 39 gives regional municipalities the power to enter into agreements with corporations relating to the operation of supported group living residences for persons with developmental disabilities.

Parts IX and X of the new Act set out transitional provisions and consequential amendments to other statutes, including the repeal of the Developmental Services Act.