Skip to main content

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, S.O. 2008, c. 14

Ontario· S.O. 2008, c. 14 · 69 sections· current to 2023-06-08In force

Bills that amended this Act2

  • Bill 129

    Andre's Law (Bill of Rights for Residents of Supported Group Living Residences), 2026

    amend
    1ST SESSION, 44TH LEGISLATURE, ONTARIO 4 CHARLES III, 2026 Bill 129 An Act to amend the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 to establish a Bill of Rights for residents of supported group living residences and to provide for related matters MPP L.
  • Bill 64

    Noah and Gregory's Law (Transition to Adult Developmental Services and Supports), 2019

    amend
    1ST SESSION, 42ND LEGISLATURE, ONTARIO 67 ELIZABETH II, 2018 Bill 64 An Act to amend the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008 respecting transition to adult developmental services and supports Mrs.

Sections137

  • [s0]

    Part I interpretation

  • 1.
  • PART I INTERPRETATION
  • 1Definitions

    1 In this Act, “application entity” means an entity designated by the Minister under subsection 8 (1) with respect to an application under Part V for services and supports or for funding, or both, under this Act; (“entité d’examen des demandes”) “direct funding” means funding for the benefit of a person with a developmental disability that is provided by the Minister through an application entity 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”) “funding entity” means an entity designated by the Minister under subsection 8 (3) with respect to prioritizing the provision of services and supports and funding under this Act; (“entité d’examen du financement”) “Minister” means the Minister of Community …

  • 2.
  • 2Interpretation, eligibility

    2 A reference in this Act to a person being eligible for services and supports and funding under this Act is deemed to be a reference to the person being eligible to receive, (a) services and supports 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. 2008, c. 14, s. 2.

  • 3.
  • 3Developmental 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. 2008, c. 14, s. 3 (1). 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 an…

  • 4.
  • 4Services and supports

    4 (1) The following are services and supports to which this Act applies: 1. Residential services and supports. 2. Activities of daily living services and supports. 3. Community participation services and supports. 4. Caregiver respite services and supports. 5. Professional and specialized services. 6. Person-directed planning services and supports. 7. Any other prescribed services and supports. 2008, c. 14, s. 4 (1). Definitions (2) In this section and for the purposes of this Act, “activities of daily living services and supports” means services and supports 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 and supports as may be prescribed; (“services et soutiens …

  • PART II APPLICATION
  • [s5]

    Part II Application

  • 5.
  • 5Application

    5 This Act applies with respect to persons with developmental disabilities who reside in Ontario and are at least 18 years of age. 2008, c. 14, s. 5.

  • PART III ADMINISTRATION
  • [s7]

    Part III Administration

  • 6.
  • 6Director

    6 (1) The Minister may appoint one or more Directors for the purposes of this Act. 2008, c. 14, s. 6 (1). 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. 2008, c. 14, s. 6 (2). Limitations, etc. (3) An appointment under this section is subject to such limitations or conditions as may be set out in the appointment. 2008, c. 14, s. 6 (3). 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. 2008, c. 14, s. 6 (4). Policy directives

  • 7.
  • 7Service 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 and supports for persons with developmental disabilities. 2. Such other matters as may be prescribed. 2008, c. 14, s. 7 (1). Application entities (2) A Director may issue policy directives to application entities 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 supports and funding under this Act, ii. determining the method of assessment used under subsection 17 (1) to assess the needs of a person with a developmental disa…

  • 8.
  • 8Application and funding entities

    8 (1) The Minister may designate, as an application entity for the purposes of this Act, a service agency, another corporation or another entity that may be prescribed. 2008, c. 14, s. 8 (1). Powers and duties (2) Every application entity shall perform the duties and may exercise the powers that this Act or the regulations specify for application entities. 2008, c. 14, s. 8 (2). (3), (4) Repealed: 2023, c. 9, Sched. 33, s. 2 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 8 of the Act is amended by adding the following subsections: (See: 2023, c. 9, Sched. 33, s. 2 (2)) Funding entity (3) The Minister may designate, as a funding entity for the purposes of this Act, a corporation or another entity that may be prescribed but shall not designate a service agency as a funding entity. 2023, c. 9, Sched. 33, s. 2 (2). Powers and duties (4) Every funding enti…

  • PART IV FUNDING OF SERVICES AND SUPPORTS
  • [s11]

    Part IV funding oF services and supports

  • 9.
  • 10.
  • 9Funding of services and supports

    9 The Minister may fund services and supports 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 entity described in subsection 8 (10), the Minister may agree to provide funds to the entity for purposes of direct funding agreements that the entity enters into under section 11 with persons with developmental disabilities or other persons on their behalf. 2008, c. 14, s. 9.

  • 10Funding 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 and supports to, or for the benefit of, persons with developmental disabilities. 2008, c. 14, s. 10 (1). Terms and conditions (2) An agreement under subsection (1) shall be subject to such terms and conditions as are specified in it. 2008, c. 14, s. 10 (2). 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. 2008, c. 14, s. 10 (3).

  • 11.
  • 11Repealed

    11 Repealed: 2023, c. 9, Sched. 33, s. 3 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2023, c. 9, Sched. 33, s. 3 (2))

  • PART V ACCESS TO SERVICES AND SUPPORTS AND FUNDING
  • [s15]
  • 11 #15Direct funding agreements

    11 (1) An application entity 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 and supports for the benefit of a person with a developmental disability that are part of a prescribed class of services and supports; (c) the person with a developmental disability for whose benefit the services and supports would be purchased has been determined under section 14 to be eligible for services and supports 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. 2023, c. 9, Sched. 33, s. 3 (2). Parties to agreement (2) An application entity may enter into a direct funding agreement with a person with a developmental d…

  • [s16]

    Part V access to services and Supports and funding

  • 12.
  • [s17]

    Definition

  • [s18]
  • 12Definition, 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). 2008, c. 14, s. 12.

  • 13.
  • [s19]

    Application for Services and Supports and Funding

  • [s20]
  • 13Application

    13 (1) A person with a developmental disability who wishes to receive services and supports from a service agency or direct funding for services and supports under this Act, or both, may submit an application for such services and supports or for such funding to the application entity designated for the geographical area in which the person resides. 2008, c. 14, s. 13 (1). 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. 2008, c. 14, s. 13 (2). Content of application (3) An application under subsection (1) may specify that the application is for, (a) services and supports provided by service agencies under this Act; (b) direct funding for services and supports; or (c) a combination of some services and supports fr…

  • 14.
  • [s21]

    Eligibility

  • 15.
  • 14Determination of eligibility

    14 (1) Upon receipt of an application under subsection 13 (1), an application entity shall determine in accordance with this section whether the applicant is eligible for services and supports and funding under this Act. 2008, c. 14, s. 14 (1). Eligibility criteria (2) An applicant is eligible for services and supports 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 (c) he or she resides in Ontario. 2008, c. 14, s. 14 (2). Proof of developmental disability (3) An applicant, or a person acting on behalf of the applicant, shall provide the application entity with documentation that satisfies the application entity that the applicant has been assessed by a person with the prescribed qualifications, using such method…

  • 16.
  • [s23]
  • 15Notice of determination

    15 The application entity shall give the applicant, or a person who applied on the applicant’s behalf under subsection 13 (2), or both, notice in writing of its determination as to whether the applicant is eligible for services and supports and funding under this Act and of the reasons for the determination. 2008, c. 14, s. 15.

  • [s24]
  • 16Review of determination

    16 (1) If the application entity determines that an applicant is not eligible for services and supports 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. 2008, c. 14, s. 16 (1). Same (2) The review shall be conducted in accordance with the regulations. 2008, c. 14, s. 16 (2). 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. 2008, c. 14, s. 16 (3).

  • 17.
  • [s25]

    Prioritization

  • 18.
  • 17Assessment and prioritization

    17 (1) If an applicant is determined to be eligible for services and supports 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, (a) an application entity shall assess the applicant’s needs for services and supports using the method of assessment specified in a policy directive; and (b) a funding entity shall prioritize the provision of services and supports and funding to the applicant in accordance with sections 18 and 19. 2008, c. 14, s. 17 (1). Participation of person with developmental disability, etc. (2) An assessment under clause (1) (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 prefe…

  • 19.
  • 18Repealed

    18 Repealed: 2023, c. 9, Sched. 33, s. 4 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2023, c. 9, Sched. 33, s. 4 (2))

  • 20.
  • 18 #28Service and support profile

    18 (1) A funding entity shall develop a service and support profile for each applicant who is determined to be eligible for services and supports and funding under this Act. 2023, c. 9, Sched. 33, s. 4 (2). Contents (2) A service and support profile shall set out the services and supports 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. 2023, c. 9, Sched. 33, s. 4 (2). Development (3) In developing a service and support profile for a person with a developmental disability, a funding entity shall apply the method of resource allocation specified in a policy directive to determine which services and supports may be provided to the person under this Act and the amount of funding available under this Act for those services …

  • 21.
  • 19Repealed

    19 Repealed: 2023, c. 9, Sched. 33, s. 5 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2023, c. 9, Sched. 33, s. 5 (2))

  • PART VI RULES GOVERNING SERVICE AGENCIES
  • [s30]
  • 19 #30Prioritization, waiting list

    19 (1) A funding entity shall prioritize applications received under subsection 13 (1) for services and supports or for funding based on information contained in the applications and on the service and support profiles prepared under section 18. 2023, c. 9, Sched. 33, s. 5 (2). Rules respecting prioritization (2) In prioritizing applications, a funding entity shall follow the rules for prioritizing applications set out in a policy directive. 2023, c. 9, Sched. 33, s. 5 (2). Waiting lists (3) A funding entity may establish waiting lists for services and supports provided by service agencies under this Act and for direct funding and shall manage those lists in accordance with any applicable policy directives. 2023, c. 9, Sched. 33, s. 5 (2). Same (4) If there are not sufficient funds available in a funding entity’s geographic area to provide one or more services and supports specified in a…

  • 22.
  • 20Repealed

    20 Repealed: 2023, c. 9, Sched. 33, s. 6 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2023, c. 9, Sched. 33, s. 6 (2))

  • 23.
  • 20 #32Reassessment of service and support profiles, etc.

    20 After a funding entity has developed a service and support profile for an applicant and prioritized the application, the entity may, subject to the procedures and rules for reassessment set out in a policy directive, (a) reassess the profile in accordance with section 18; and (b) in accordance with section 19, reassess the prioritization for services and supports or for direct funding, based on the reassessment of the profile under clause (a). 2023, c. 9, Sched. 33, s. 6 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 38, s. 3 (2) 2023, c. 9, Sched. 33, s. 6 (1) - 08/06/2023; 2023, c. 9, Sched. 33, s. 6 (2) - not in force

  • 24.
  • 21Repealed

    21 Repealed: 2023, c. 9, Sched. 33, s. 7 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2023, c. 9, Sched. 33, s. 7 (2))

  • 25.
  • 21 #34Notice of available services, etc.

    21 (1) If a funding entity has placed an applicant on a waiting list for services and supports provided by service agencies or for direct funding, the entity shall, (a) in the case of an application for services and supports from service agencies, give notice to a person described in subsection (2) when one or more of the services and supports 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. 2023, c. 9, Sched. 33, s. 7 (2). Same (2) The funding entity shall give the notice mentioned in subsection (1) to the applicant, or to the person who submitted the application for services and supports on the applicant’s behalf under subsection 13 (2), or to both. 2023, c. 9, Sched. 33, s. 7 (2). Section Amendments with…

  • 26.
  • [s35]

    Part vi rULES GOVERNING Service agencies

  • PART VII ENFORCEMENT
  • [s36]
  • 22Operation 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 and supports on behalf of the agency. 2008, c. 14, s. 22.

  • [s37]
  • 23Provision of services and supports

    23 A service agency shall provide services and supports in accordance with, (a) the terms and conditions specified in its funding agreement; and (b) such performance standards and measures relevant to each service and support as may be required in a policy directive. 2008, c. 14, s. 23.

  • 27.
  • 24Quality assurance

    24 A service agency shall comply with such quality assurance measures as may be prescribed. 2008, c. 14, s. 24.

  • 28.
  • 25Reporting 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. 2008, c. 14, s. 25.

  • 29.
  • [s40]
  • 26Complaints procedure

    26 A service agency shall ensure that there are written procedures that comply with the regulations for initiating complaints to the service agency and for how the service agency deals with complaints. 2008, c. 14, s. 26.

  • [s41]

    Part VII Enforcement

  • 30.
  • [s42]

    Inspections

  • 31.
  • 27Inspectors

    27 (1) A Director may appoint inspectors for purposes of this Act. 2008, c. 14, s. 27 (1). Director, inspector by office (2) A Director is an inspector for purposes of this section by virtue of his or her office. 2008, c. 14, s. 27 (2). 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. 2008, c. 14, s. 27 (3). Production of certificate (4) An inspector carrying out an inspection under section 28 shall produce his or her certificate of appointment upon request. 2008, c. 14, s. 27 (4).

  • 32.
  • 28Inspections without warrant

    28 (1) An inspector may carry out an inspection under this Act in order to determine if a service agency, an application entity or a funding entity is complying with this Act, the regulations and the applicable policy directives. 2008, c. 14, s. 28 (1). Entry (2) Subject to subsection (3), at any reasonable time, an inspector may, without warrant and in accordance with the prescribed criteria, enter premises that are owned or operated by a service agency, an application entity or a funding entity in order to carry out an inspection. 2008, c. 14, s. 28 (2); 2017, c. 34, Sched. 38, s. 1. 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 prescr…

  • 33.
  • 29Warrant

    29 (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 28 (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 28, or has been prevented from exercising a power under subsection 28 (4); or (b) there are reasonable grounds to believe that the inspector will be prevented from entering premises under section 28, or will be prevented from exercising a power under subsection 28 (4). 2008, c. 14, s. 29 (1). 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. 2008, c. 14, s. 29 (2). Extension of time (3) A justice of the peace may ex…

  • 34.
  • [s46]

    Compliance Orders and Appointment of Manager

  • PART VIII GENERAL
  • [s47]
  • 30Compliance order

    30 (1) Subject to subsection (3), a Director may make an order under subsection (2) if a service agency, an application entity or a funding entity has failed to comply with this Act, the regulations or a policy directive. 2008, c. 14, s. 30 (1). Same (2) In an order under this section, a Director may direct the service agency, application entity or funding entity 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. 2008, c. 14, s. 30 (2). Notice of proposed order (3) Before making an order under subsection (2) against a service agency, an application entity or a funding entity, a Director shall give notice of the proposed order, together with the reasons for it, to the…

  • 35.
  • 31Immediate take-overs

    31 (1) Upon notice to a service agency, an application entity or a funding entity, 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, application entity or funding entity, as the case may be, only with respect to services and supports provided under this Act or for which funding is provided under this Act. 2008, c. 14, s. 31 (1). Grounds (2) The Minister may make an appointment under this section if there are reasonable grounds to believe that, (a) funds provided by the Minister under this Act to the service agency, application entity or funding entity 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 and supports are provided by the agency constitutes, in the Minister’s opinion, an immedia…

  • 36.
  • 32Powers of manager on take-over

    32 (1) If a manager is appointed under section 31 to take over and manage the affairs of a service agency, an application entity or a funding entity with respect to services and supports provided under this Act or for which funding is provided under this Act, the manager has all the powers of the board of directors of the agency, application entity or funding entity, as the case may be, with respect to those services and supports or with respect to that funding, as the case may be. 2008, c. 14, s. 32 (1). Occupation of premises (2) Without limiting the generality of subsection (1), the manager appointed under section 31 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, application entity or funding entity, as the case may be, in the course of operating their business with respect to t…

  • 37.
  • 33Protection from personal liability

    33 (1) No action or other proceeding for damages or otherwise shall be instituted against a manager appointed under section 31, or any agent of the manager, or any person conducting a review under subsection 31 (5) 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 for any neglect or default in the performance or exercise in good faith of such duty or power. 2009, c. 33, Sched. 8, s. 6 (4). Crown liability (2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 2019, c. 7, Sched. 17, s. 160. Liability for actions previous to take-over (3) The Crown and any manager a…

  • 38.
  • 34Not successor employer

    34 (1) The appointment of a manager under section 31, the operation of a service agency, an application entity or a funding entity 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. 2008, c. 14, s. 34 (1). Related employers (2) If a manager is appointed under section 31, (a) no person is entitled to make an application under subsection 1 (4) of the Labour Relations Act, 1995; and (b) the manager and the applicable one of the service agency, application entity or funding entity shall not be treated as one employer under section 4 of the Employment Standards Act, 2000. 2008, c. 14, s. 34 (2).

  • 39.
  • [s52]

    part viII general

  • 40.
  • 35Collection and use of personal information

    35 (1) The Minister may collect personal information directly from persons who apply for or receive services and supports 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, application entities and funding entities. 5. Planning and forecasting the need for services and supports 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 and supports that are provided under this Act, so as to promote the safety a…

  • 41.
  • 36Offences

    36 (1) A person is guilty of an offence if the person, (a) knowingly hinders or obstructs an inspector carrying out an inspection under section 28; (b) knowingly furnishes false information to the inspector; or (c) fails to comply with subsection 8 (12) or (13) or with section 24 or 25. 2008, c. 14, s. 36 (1). 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. 2008, c. 14, s. 36 (2). Penalty (3) Every person convicted of an offence under this section is liable to a fine of not more than $5,000. 2008, c. 14, s. 36 (3).

  • PART IX TRANSITIONAL MATTERS
  • [s55]
  • 37Regulations, Minister

    37 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 entities, funding entities and service agencies and requiring compliance with such measures; (c) governing reports to be made to the Minister by application entities and funding entities for the purposes of subsection 8 (13) and by service agencies for the purposes of section 25; (d) respecting the financial records and other records to be kept by application entities, funding entities and service agencies and requiring such records to be made available in the prescribed manner. 2008, c. 14, s. 37.

  • 42.
  • 38Regulations, Lieutenant Governor in Council

    38 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 and supports to which this Act applies for the purposes of paragraph 7 of subsection 4 (1) and defining “social and recreational activities”, “work activities” and “volunteer activities” for the purposes of the definition of “community participation services and supports” 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 entities and fundin…

  • 43.
  • 38.1Regulations re transitional matters

    38.1 Without limiting the generality of clause 38 (q), a regulation made under that clause may provide for transitional matters to permit the gradual implementation of the provisions of this Act enacted by Schedule 33 to the Less Red Tape, Stronger Economy Act, 2023, including by providing that, in specified circumstances, any of those provisions do not apply or apply with specified modifications. 2023, c. 9, Sched. 33, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 33, s. 9 - 08/06/2023

  • 44.
  • 39Draft regulations made public

    39 (1) Before the Minister makes a regulation under section 37 or the Lieutenant Governor in Council makes a regulation under section 38, a draft of the regulation shall be made available to the public by posting it on a government internet site and by such other means as the Minister considers advisable. 2008, c. 14, s. 39 (1). Opportunity for comments (2) Within 45 days after a draft regulation is made available to the public in accordance with subsection (1) or such other time that the Minister or the Lieutenant Governor in Council, as the case may be, specifies, any person may submit comments with respect to the draft regulation to the Minister. 2008, c. 14, s. 39 (2). Changes to draft regulation (3) After the time for comments under subsection (2) has expired, the Minister or the Lieutenant Governor in Council, as the case may be, may, without further notice, make the regulation wit…

  • 45.
  • 40Classes

    40 A regulation made under section 37 or 38 may create different classes of persons, service agencies, application entities, funding entities and residences for persons with developmental disabilities and may contain different provisions in respect of each class. 2008, c. 14, s. 40.

  • 46.-63.
  • 41Municipal power to enter into agreements

    41 (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. 2008, c. 14, s. 41 (1). Corporations (2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature, (a) to which the Not-for-Profit Corporations Act, 2010 applies; or (b) that is incorporated under a general or special Act of the Parliament of Canada. 2008, c. 14, s. 41 (2); 2010, c. 15, s. 242. Section Amendments with date in force (d/m/y) 2010, c. 15, s. 242 - 19/10/2021

  • 64.
  • [s61]

    Part ix Transitional matters

  • 65.
  • 42Transition, persons receiving services under Developmental Services Act

    42 (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 supports 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 an application entity for the geographic area in which the person resides conducts an assessment in accordance with subsection (2). 2008, c. 14, s. 42 (1). Assessment (2) An application entity for the geographic area in which the person with a developmental disability resides shall conduct an assessment of needs of the person in accordance with section 17, subject to such procedures or rules as may be prescribed or specified in a p…

  • 43Transition, prior determination of eligibility

    43 (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 who is at least 18 years of age 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 who is at least 18 years of age has not begun to receive, or benefit from, the services. 2008, c. 14, s. 43 (1). Same (2) A person with a developmental disability described in subsection (1) shall be deemed to be eligible for services and supports 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 co…

  • 44Repealed

    44 Repealed: 2017, c. 34, Sched. 38, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 38, s. 2 - 14/12/2017

  • 45Transition, agreements under s. 2 (2) of Developmental Services Act

    45 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. 2008, c. 14, s. 45.

  • 46-63

    46-63 Omitted (amends, repeals or revokes other legislation). 2008, c. 14, ss. 46-63.

  • 64

    64 Omitted (provides for coming into force of provisions of this Act). 2008, c. 14, s. 64; 2017, c. 34, Sched. 38, s. 3; 2023, c. 9, Sched. 33, s. 12. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 38, s. 3 - 14/12/2017 2023, c. 9, Sched. 33, s. 12 - 08/06/2023

  • 65

    65 Omitted (enacts short title of this Act). 2008, c. 14, s. 65. ______________

© King's Printer for Ontario, 2023. Unofficial reproduction — not the official version.