Ontario Regulation 466/22
made under the
Education Act
Made: March 21, 2022 Approved: March 31, 2022 Filed: July 28, 2022 Published on e-Laws: July 28, 2022 Printed in The Ontario Gazette: August 13, 2022
LODGING in Provincial and Demonstration Schools
CONTENTS
Interpretation
1.


Definitions
General
2.


Matters to take into account
3.


Superintendent, director
4.


Student support manager
5.


Student support counsellor
6.


Policies and procedures
7.


Policies and procedures re lodging programs and services
Requirements re Staff
8.


Orientation re policies and procedures
9.


Qualifications
10.


Evening and overnight ratios
Requirements re Premises
11.


Living quarters
12.


Maintenance and inspections
13.


Fire safety
14.


Policies and procedures re fires and emergencies
Nutrition, Health and Medical Matters
15.


Food and nutrition
16.


First aid kit
17.


Health information
18.


Policies and procedures re health
19.


Medication
20.


Communicable diseases
Admission and Orientation
21.


Admission to lodging
22.


Service agreement
23.


Student development plan
Records
24.


Student lodging file
25.


Lodging log
26.


Incident record
27.


Serious occurrences
Student Conduct and Discipline
28.


Policies and procedures re student discipline
29.


Policies and procedures re physical intervention
30.


Corporal punishment, physical restraint, etc.
31.


Policies and procedures re electronic technology
Complaints; Ombudsman
32.


Policies and procedures re complaints
33.


Ombudsman
Amendments to this Regulation
34.


Amendments to this Regulation
Commencement
35.


Commencement
 
Interpretation
Definitions
1. In this Regulation,
“abuse” means a state or condition of being physically harmed, sexually abused or sexually exploited; (“mauvais traitements”)
“Building Code” means Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992; (“code du bâtiment”)
“director” means,
(a)  in relation to a school continued under subsection 13 (3.1) or (5.1) of the Act, the director of education of the Centre Jules-Léger Consortium, and
(b)  in relation to any other school established or continued under section 13 of the Act, the executive director responsible for the operation of the school; (“directeur”)
“discipline” means the practice of teaching positive behaviour to a student and reinforcing that behaviour; (“discipline”)
“Fire Code” means Ontario Regulation 213/07 (Fire Code) made under the Fire Protection and Prevention Act, 1997; (“code de prévention des incendies”)
“identity characteristics” means a student’s race, ancestry, place of origin, colour, ethnic origin, citizenship, family diversity, disability, creed, sex, sexual orientation, gender identity, gender expression or cultural or linguistic needs; (“caractéristiques identitaires”)
“individualized plan” means,
(a)  a student development plan for a student,
(b)  a bathing or showering plan referred to in clause 11 (3) (b) for a student,
(c)  an individual fire and emergency evacuation plan referred to in clause 14 (2) (e) for a student, and
(d)  a self-medication plan referred to in sub-subclause 19 (1) (c) (iii) (A) for a student; (“plan individualisé”)
“instructional day” has the same meaning as in Regulation 304 of the Revised Regulations of Ontario, 1990 (School Year Calendar, Professional Activity Days) made under the Act; (“journée d’enseignement”)
“lodging programs and services” means the programs and services provided with respect to the lodging to students, including educational programs, food services and certain health services; (“programmes et services offerts dans le logement”)
“medication error” means a preventable event associated with dispensing, storing, administering or distributing a drug and includes,
(a)  an act of omission or commission, whether or not it results in harm, injury or death to a student, and
(b)  a near miss event where an incident does not affect a student but had it done so, harm, injury or death could have resulted; (“erreur de médicament”)
“parent” means a parent or guardian of a student; (“parent”)
“person working in a lodging” means a staff member of a lodging, a volunteer working in a lodging or a service provider of a lodging; (“personne travaillant dans un logement”)
“physical intervention” means,
(a)  restricting movement, physical redirection or physical prompting, if the restriction, redirection or prompting is,
(i)  brief, gentle and part of a behaviour teaching program, or
(ii)  brief and prevents a person from physically injuring or further physically injuring themselves or others, or
(b)  the use of helmets, protective mitts or other equipment to prevent a person from physically injuring or further physically injuring themself or others; (“intervention physique”)
“physical restraint” means a holding technique or mechanical restraint to restrict a person’s ability to move freely but, for greater certainty, does not include physical intervention; (“contention physique”)
“physician” means a legally qualified medical practitioner; (“médecin”)
“registered nurse” means a member of the College of Nurses of Ontario who holds a certificate of registration as a registered nurse under the Nursing Act, 1991; (“infirmière autorisée ou infirmier autorisé”)
“registered nurse in the extended class” means a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991; (“infirmière autorisée ou infirmier autorisé de la catégorie supérieure”)
“school” means a school established or continued under section 13 of the Act; (“école”)
“service provider of a lodging” means an individual who works in the lodging of a school on a regular basis in the normal course of,
(a)  providing goods or services under contract with the Minister or the Centre Jules-Léger Consortium, as the case may be,
(b)  carrying out their employment functions as an employee of a person who provides goods or services under contract with the Minister or the Centre Jules-Léger Consortium, as the case may be, or
(c)  providing services to a person who provides goods or services under contract with the Minister or the Centre Jules-Léger Consortium, as the case may be; (“fournisseur de services d’un logement”)
“staff member of a lodging” means the superintendent or director of a school, the student support manager or a student support counsellor of a lodging or any other staff member employed in a lodging; (“membre du personnel d’un logement”)
“student” means a pupil who is enrolled in a school and admitted to the lodging of the school; (“élève”)
“student support counsellor” means a person employed as a student support counsellor in the lodging of a school; (“conseiller en soutien aux élèves”)
“student support manager” means a person employed as a student support manager in the lodging of a school; (“directeur du soutien aux élèves”)
“superintendent” means,
(a)  in relation to a school continued under subsection 13 (3.1) or (5.1) of the Act, the director of education of the Centre Jules-Léger Consortium, and
(b)  in relation to any other school established or continued under section 13 of the Act, the superintendent of the school. (“surintendant”)
General
Matters to take into account
2. (1) Each staff member of a lodging shall, in making a decision about a student that significantly affects or is likely to significantly affect the student’s well-being, take into account the student’s identity characteristics and whether the student is from a region that is different from the region in which the student’s lodging is located.
(2) In addition to complying with subsection (1), when providing lodging programs and services to First Nations, Inuit or Métis students, each staff member shall take into account the student’s cultures, heritages, traditions, connection to community and the concept of the extended family.
Superintendent, director
3. (1) The superintendent of a school is responsible for the operation and management of the lodging of the school, including the operation and management of the lodging programs and services and the administration of the finances and personnel of the lodging.
(2) The superintendent shall ensure that the policies, procedures and individualized plans required under this Regulation are implemented in the lodging.
(3) The director shall ensure that complete records are kept at the lodging of compliance with the applicable requirements of the following, including records of any inspections and actions taken at the lodging in response to any finding of non-compliance:
1.  Any laws respecting the health of the inhabitants.
2.  Any direction or order of a medical officer of health, their designate, the Chief Medical Officer of Health or an Associate Chief Medical Officer of Health.
3.  Any law for the protection of persons from fire hazards, including the Fire Code and any by-law of a municipality respecting the protection of persons from fire hazards.
4.  Any zoning by-law of a municipality passed pursuant to the Planning Act or any predecessor of that Act.
5.  The Building Code.
6.  Regulation 860 of the Revised Regulations of Ontario, 1990 (Workplace Hazardous Materials Information System (WHMIS)) made under the Occupational Health and Safety Act.
Student support manager
4. (1) The superintendent of a school shall appoint, in writing, a student support manager to be responsible for the day-to-day operation and management of the lodging of the school.
(2) The superintendent or the student support manager shall designate another person to exercise the student support manager’s powers and duties in the student support manager’s absence.
Student support counsellor
5. A student support counsellor of a lodging shall,
(a)  be responsible for the area within the lodging assigned to them by the student support manager and provide for the safety, health, comfort and well-being of students in the area;
(b)  assist in maintaining spirit, morale and discipline in the lodging;
(c)  carry out such supervisory duties as may be assigned to them by the student support manager; and
(d)  co-operate with staff members of the lodging and of the school in all matters affecting the lodging and the school.
Policies and procedures
6. (1) The director of a school shall ensure that written policies and procedures are created and kept up to date for the lodging of the school respecting,
(a)  the purpose of the lodging;
(b)  the lodging programs and services;
(c)  the roles and responsibilities of persons working in the lodging;
(d)  practices, including supervisory practices, to be followed by persons working in the lodging;
(e)  the conduct of persons working in the lodging, other than any policies and procedures concerning their conduct that may be set out in a collective agreement;
(f)  the security of the lodging;
(g)  keeping the lodging safe and clean;
(h)  students’ bedrooms;
(i)  safe bathing and showering;
(j)  fires and emergencies in the lodging;
(k)  students’ health;
(l)  medication, including the dispensing, administration and storage of medication, and medication errors;
  (m)  the management of communicable diseases in the lodging;
(n)  responding to directions or orders made by a medical officer of health, their designate, the Chief Medical Officer of Health or an Associate Chief Medical Officer of Health concerning the health, safety or nutrition of any student in the lodging;
(o)  the admission and discharge of students to and from the lodging;
(p)  the creation, monitoring and evaluation of student development plans;
(q)  the maintenance of student lodging files;
(r)  the duty to report suspected child abuse;
(s)  student discipline;
(t)  physical interventions that may and may not be used;
(u)  students’ access to and use of electronic technology in the lodging;
(v)  the process for raising and resolving complaints;
(w)  privacy and adherence to applicable privacy legislation; and
(x)  encouraging student participation in community activities.
(2) The policies and procedures referred to in subsection (1) shall be consistent with any applicable requirements set out in the Act or this Regulation.
(3) The director of a school shall ensure that a code of conduct is created and kept up to date for the lodging of the school, which shall prohibit the use or possession of the following in the lodging by any person:
1.  Harmful substances and objects that are not essential to the operation of the lodging.
2.  Alcohol, illegal drugs or cannabis (unless used or possessed by an individual who has been authorized to use cannabis for medical purposes).
3.  Weapons including firearms, except in the circumstances of a peace officer who is authorized to carry a firearm in the course of the officer’s duties attending at the lodging in response to an emergency.
4.  Pornography.
(4) The superintendent shall ensure that, in addition to the policies and procedures referred to in subsection (1), written policies and procedures are created and kept up to date respecting,
(a)  how compliance with the policies, procedures, individualized plans and code of conduct will be monitored on an ongoing basis, recorded and addressed; and
(b)  how contraventions of the policies, procedures, individualized plans and code of conduct will be monitored on an ongoing basis, recorded and addressed.
(5) The student support manager of the lodging shall ensure that copies of the policies and procedures and code of conduct are,
(a)  available in the lodging for reference; and
(b)  provided upon request to a student or to the student’s parents.
Policies and procedures re lodging programs and services
7. The policies and procedures referred to in clause 6 (1) (b) shall require that lodging programs and services be provided in a manner that,
(a)  supports student education and helps students develop to their full potential;
(b)  promotes the safety, security, dignity and privacy of students;
(c)  allows students to express views about matters that affect their interests;
(d)  respects students’ need for continuity of care and for stable relationships within a family and cultural environment;
(e)  takes into account students’ physical, emotional, spiritual, mental, academic and developmental needs and differences among students; and
(f)  takes into account students’ identity characteristics and whether a student is from a region that is different from the region in which the student’s lodging is located.
Requirements re Staff
Orientation re policies and procedures
8. (1) The student support manager of a lodging shall ensure that each staff member of the lodging reviews any policies and procedures of the lodging identified by the superintendent,
(a)  within 30 days after commencing their employment in the lodging; and
(b)  at least once in every year following the year in which the staff member commences their employment in the lodging.
(2) The student support manager shall keep a record of when a staff member completes a review referred to in subsection (1) and the record shall include the signature of the staff member and of the student support manager, and shall be placed in the staff member’s employee file.
Qualifications
9. (1) The director of a school continued under subsection 13 (1) or (3.1) of the Act shall ensure that each student support counsellor of the lodging whose area of responsibility within the lodging includes students who are deaf, hard of hearing, or deafblind, is able to communicate in,
(a)  Quebec Sign Language, in the case of a school continued under subsection 13 (3.1) of the Act; or
(b)  American Sign Language, in the case of a school designated in subsections 2 (2) to (4) of Regulation 296 of the Revised Regulations of Ontario, 1990 (Ontario Schools for the Blind and the Deaf) made under the Act.
(2) The director may grant a person an exemption from the requirement in subsection (1) if the director reasonably determines that the exemption is warranted based on the operational needs of the lodging.
(3) An exemption may be granted for a period of up to one year and may be renewed for further periods of up to one year each.
(4) A student support counsellor of a lodging of a school continued under subsection 13 (1) or (3.1) of the Act shall communicate with a student in the language referred to in clause (1) (a) or (b) if it is the student’s language of choice.
(5) The student support manager of a lodging shall ensure that each staff member of the lodging has the following certifications prior to commencing employment in the lodging, or obtains the certifications as soon as possible after commencing employment, and maintains the certifications while employed in the lodging:
1.  A certification in standard first aid.
2.  A certification in cardiopulmonary resuscitation to the Basic Rescuer level.
3.  If the staff member of the lodging will transport students in a motor vehicle, a certification in advanced defensive driving.
(6) The student support manager shall ensure that, prior to commencing employment in the lodging, or as soon as possible after commencing employment, each staff member of the lodging completes training in promoting the awareness and understanding of human rights and anti-discrimination in order to provide culturally responsive lodging programs and services.
(7) The student support manager shall, prior to commencing employment in the lodging, or as soon as possible after commencing employment, complete training in behaviour management systems.
(8) The student support manager shall ensure that, prior to commencing employment in the lodging, or as soon as possible after commencing employment, each student support counsellor completes training in behaviour management systems.
Evening and overnight ratios
10. (1) The superintendent of a school shall ensure that the lodging of the school has sufficient staff during the evening and overnight periods to comply with this section.
(2) During the evening period described in subsection (3), there shall be at least one student support counsellor on duty in the lodging for every eight students.
(3) The evening period is the period beginning immediately after the end of the instructional day or, on a day that is not an instructional day, beginning upon the student’s arrival at the lodging and ending at 11 p.m., or at such other time as the superintendent may reasonably determine as the end of the evening period.
(4) During the overnight period described in subsection (5), there shall be at least two student support counsellors on duty in the lodging, including one student support counsellor assigned to each area occupied by students within the lodging and one student support counsellor who shall rotate between areas.
(5) The overnight period is the period beginning at 11 p.m., or at such other time as the superintendent may reasonably determine as the beginning of the overnight period, and ending at the beginning of the following instructional day.
(6) Subsection (5) applies to overnight periods where the following day is an instructional day.
Requirements re Premises
Living quarters
11. (1) The superintendent of a school shall comply with the following rules in operating the lodging of the school:
1.  Each bedroom shall have a minimum floor space of,
i.  five square metres for each student who is younger than 16 who occupies the bedroom, and
ii.  seven square metres for each student who is 16 or older who occupies the bedroom.
2.  A room without a window shall not be used as a bedroom.
3.  A student who is seven or older shall not share a bedroom with another student of the opposite sex without the written approval of the director.
4.  Each student shall be provided with their own bed and mattress suitable for the student’s age and size.
5.  Each student shall be provided with an impermeable mattress cover to fit their mattress.
6.  No part of a basement shall be used as a bedroom without the written approval of the director.
7.  The lodging shall have an outdoor play space that has a minimum area of at least 9 square metres multiplied by the maximum number of students, unless an alternative arrangement is approved by the director in writing.
8.  The lodging shall have a minimum of,
i.  one sink with hot and cold water for every five students or fewer,
ii.  one flush toilet for every five students or fewer, and
iii.  one bath or shower with hot and cold water for every eight students or fewer.
9.  If there is more than one toilet in any room, each toilet shall be located in a separate stall.
10.  The maximum temperature of hot water supplied to any sink, bathtub or shower shall not exceed 49 degrees Celsius.
11.  A water distribution system supplying hot water to any sink, bathtub or shower that is accessible to a student in the lodging shall have one or more temperature gauges and control devices that are,
i.  accessible only to staff members of the lodging, and
ii.  capable of being adjusted to ensure that the temperature of the water supplied to the sink, bathtub or shower does not exceed 49 degrees Celsius.
12.  The lodging shall be maintained at a temperature of at least 17 degrees Celsius.
(2) The policies and procedures referred to in clause 6 (1) (h) respecting students’ bedrooms shall include provisions regarding students sharing bedrooms, student privacy in bedrooms, items that are prohibited in student bedrooms and access to bedrooms by persons working in the lodging.
(3) The policies and procedures referred to in clause 6 (1) (i) respecting safe bathing and showering shall include provisions,
(a)  requiring a safe range of water temperatures for bathing and showering to be provided, requiring regular maintenance of equipment to provide a safe range of water temperatures and requiring regular monitoring of water temperatures;
(b)  requiring the student support manager to work with a parent to create a plan for any student who requires supervision while bathing or showering, taking into account the student’s age, stage of development and any particular needs or risk factors, and requiring supervision of the student in accordance with the plan; and
(c)  requiring the student support manager to work with a parent to review the plan described in clause (b) at least annually and to update the plan with the parent as needed.
Maintenance and inspections
12. (1) The superintendent of a school shall ensure that the lodging of the school is maintained in a manner that supports the safety and well-being of students.
(2) Without limiting the generality of subsection (1), the superintendent shall,
(a)  ensure that the premises, including the grounds, is kept safe and clean and any materials, equipment or furnishings in the premises are clean and in good working order;
(b)  ensure that any appliance, as defined in the Fire Code, in the lodging is maintained in a good state of repair and inspected at least once every 12 months by a qualified individual and maintain a record of each inspection; and
(c)  maintain records of renovations or repairs to the lodging, as well as any required inspections of the renovations or repairs.
Fire safety
13. The student support manager of a lodging shall ensure that,
(a)  a fire safety inspection of the lodging is conducted each night that includes inspecting the kitchen and laundry areas and ensuring that all doors to stairwells, fire doors and smoke barrier doors are closed; and
(b)  each staff member of the lodging is trained in the proper use of a fire extinguisher and that a record is kept of each training session.
Policies and procedures re fires and emergencies
14. (1) The policies and procedures referred to in clause 6 (1) (j) respecting fires and emergencies shall,
(a)  set out the roles and responsibilities of staff members of the lodging in the event of a fire or other emergency;
(b)  establish a procedure, including designating a place of short-term shelter, for situations in which the lodging needs to be evacuated because of a fire or other emergency; and
(c)  require that drills respecting emergencies other than fires be held at least six times during each school year.
(2) The student support manager of a lodging shall,
(a)  review and update the fire policies and procedures in accordance with the Fire Code;
(b)  review and update the emergency policies and procedures as often as is necessary to ensure the safety of all persons in the lodging but at least once every 12 months and after any changes to the lodging or in the student population, if necessary;
(c)  ensure that all persons working in the lodging are familiar with the fire and emergency policies and procedures, and are instructed on the procedures to be followed when a fire alarm is activated or a fire is discovered, including their roles and responsibilities;
(d)  ensure that all students are, upon admission, instructed in a manner suitable to their age and stage of development on the procedures to be followed when a fire alarm is activated or a fire is discovered;
(e)  create an individual fire and emergency evacuation plan for students who need assistance, and review the plan at least annually and update the plan as needed;
(f)  ensure that the fire alarm is used to initiate fire drills;
(g)  ensure that at least one fire drill is held every month during each school year; and
(h)  review and sign a record of each fire drill, which shall be kept for 12 months after the fire drill.
Nutrition, Health and Medical Matters
Food and nutrition
15. (1) The superintendent of a school shall ensure that a supply of drinking water is maintained in the lodging of the school that is sanitary and adequate for the requirements of the lodging, as confirmed by a medical officer of health or their designate.
(2) The student support manager of a lodging shall ensure that,
(a)  drinking water is available to students at all times;
(b)  students receive well-balanced meals and snacks that are nutritionally adequate for their physical growth and development and respect the food preferences, culture, traditions and creed of the students;
(c)  if special foods are recommended by a student’s physician or registered nurse in the extended class, they are provided to the student;
(d)  a student’s reasonable access to food and kitchen facilities is not restricted to meal or snack times unless specifically provided for in their student development plan; and
(e)  all food or drink is stored, prepared and served so as to retain maximum nutritive value and prevent contamination.
(3) The student support manager shall keep all records relating to any inspections of kitchens in the lodging by a medical officer of health or their designate, and shall ensure that any directions or orders made by the medical officer of health or their designate are implemented.
First aid kit
16. The student support manager of a lodging shall ensure that,
(a)  the lodging is equipped with a first aid kit that includes an up-to-date first aid manual;
(b)  the contents of the kit are maintained and replenished as necessary;
(c)  the kit is kept in a location that is accessible to persons working in the lodging; and
(d)  all persons working in the lodging are made aware of the location of the kit.
Health information
17. (1) Upon admission of a student to the lodging and annually thereafter, the superintendent of the school shall ensure that the following information is obtained from the persons referred to in subsection (2):
1.  Any medical treatment that the student is receiving.
2.  Any medication that the student is taking.
3.  Any allergy or physical ailment from which the student is suffering.
4.  Any physical or psychological needs of the student.
(2) For the purposes of subsection (1), the persons are,
(a)  the student’s parent, in respect of a student under 16 or a student who is over 16 but unable to provide the information, but not in respect of a student who is 16 or 17 who has withdrawn from parental control;
(b)  the student and the student’s parent, in respect of a student who is 16 or 17 who has not withdrawn from parental control and is able to provide the information; and
(c)  the student, in respect of a student who is able to provide the information and is at least 18 or is 16 or 17 and has withdrawn from parental control.
(3) The superintendent shall ensure that any treatment or medication is continued, as necessary, to promote the health and safety of the student.
Policies and procedures re health
18. The policies and procedures referred to in clause 6 (1) (k) respecting students’ health shall provide for,
(a)  access by students to community health services;
(b)  arrangements for a physician or a registered nurse to advise the student support manager on an ongoing basis on the medical care required by each student;
(c)  the maintenance of records relating to each student’s general health, vision and hearing health; and
(d)  physical activities and health programming for students outside of school hours.
Medication
19. (1) The student support manager of a lodging shall ensure that,
(a)  medication is administered to a student only if,
(i)  a parent or, where appropriate, the student, has consented,
(ii)  the medication is administered under the general supervision of a staff member of the lodging or of the school who is trained in the administration of medication, and
(iii)  in the case of prescription medication, the medication has been prescribed by a physician or registered nurse in the extended class;
(b)  all medication to be administered to students is stored in a secure area, which is accessible only to staff members of the lodging whom the student support manager has authorized to have access;
(c)  medication is self-administered by a student only if,
(i)  a parent or, where appropriate, the student, has consented,
(ii)  in the opinion of a physician or a registered nurse, the student is capable of administering their own medication, and
(iii)  in the case of prescription medication,
(A)  a physician or a registered nurse creates a written self-medication plan for the student, reviews the plan at least annually and updates the plan as needed, and
(B)  the medication is stored in an individual lockable storage container, or is otherwise stored according to the plan;
(d)  a record is kept of all medication administered to or by each student that includes,
(i)  the medication administered,
(ii)  the period for which the medication is prescribed, if applicable,
(iii)  when each dose of the medication is supposed to be administered to or by the student in accordance with the prescription, if any, and
(iv)  when each dose of medication is actually administered to or by the student.
(2) The records about administration of prescription medication shall be made available on request to the student, the student’s parents where appropriate, or to the prescribing physician or registered nurse in the extended class.
(3) The policies and procedures referred to in clause 6 (1) (l) respecting medication shall require the documentation of medication errors.
Communicable diseases
20. The student support manager of a lodging shall ensure that a person with a communicable disease is isolated from other persons in the lodging who have not been infected by the disease, if isolation of the person is considered necessary by a physician or a registered nurse.
Admission and Orientation
Admission to lodging
21. (1) The student support manager of a lodging shall ensure that, upon admission of a student to the lodging, the student is informed of,
(a)  the lodging and the lodging programs and services;
(b)  the policies and procedures referred to in clause 6 (1) (j) respecting fires and emergencies;
(c)  the policies and procedures referred to in clause 6 (1) (s) respecting student discipline;
(d)  the policies and procedures referred to in clause 6 (1) (v) respecting the process for raising and resolving complaints;
(e)  any other policies and procedures determined by the student support manager; and
(f)  the existence of the Ombudsman, the Ombudsman’s functions under subsection 14 (1) and clause 14 (1.3) (b) of the Ombudsman Act and how the Ombudsman may be contacted.
(2) The student support manager shall ensure that, upon admission of a student to the lodging, or as soon as possible thereafter, the student’s parents receive a copy of the service agreement referred to in section 22.
(3) If the student support manager is of the opinion that the student would benefit from having the service agreement, the student support manager shall also ensure that, upon admission of the student to the lodging, or as soon as possible thereafter, the student receives a copy.
Service agreement
22. (1) A written service agreement shall be signed by the student support manager of a lodging and the persons referred to in subsection (2) at the time of a student’s admission to the lodging or as soon as possible thereafter.
(2) For the purposes of subsection (1), the persons are,
(a)  the student’s parent, in respect of a student under 16 or a student who is over 16 but unable to sign the agreement, but not in respect of a student who is 16 or 17 who has withdrawn from parental control;
(b)  the student and the student’s parent, in respect of a student who is 16 or 17 who has not withdrawn from parental control and is able to sign the agreement; and
(c)  the student, in respect of a student who is able to sign the agreement and is at least 18 or is 16 or 17 and has withdrawn from parental control.
(3) The service agreement shall,
(a)  set out the responsibility of the parent,
(i)  to supply on request of the student support manager personal and other items necessary to enable the student to participate in school and lodging programs and services,
(ii)  to provide transportation and escort for the student where necessary to ensure regular attendance if such transportation and escort is not otherwise provided,
(iii)  to guarantee payment for matters reasonably determined by the student support manager to be outside the scope of the lodging programs and services and to promote the health, safety or well-being of the student,
(iv)  to supply medication that the student is taking and provide information and direction to the superintendent regarding their administration,
(v)  to provide the student with money for personal spending, and
(vi)  to notify the student support manager promptly of the reason for any absences of the student;
(b)  include the consent of the persons referred to in subsection (2),
(i)  for care to be provided for the student, and
(ii)  for the student support manager to obtain any additional records, reports and information concerning the student as are necessary to provide care for the student; and
(c)  include provisions respecting emergency medical treatment for the student, the administration of medication to the student and the self-administration of medication by the student.
(4) If requested by a person referred to in subsection (2), the student support manager shall review and update the service agreement.
Student development plan
23. (1) A student support counsellor of the lodging who is responsible for the student shall create a student development plan for the student.
(2) In creating a student development plan for a student, the student support counsellor shall consult with,
(a)  the student;
(b)  the student’s parents, except where the student is at least 18 and is able to participate in consultation respecting the creation of the plan or is 16 or 17 and has withdrawn from parental control;
(c)  the student support manager; and
(d)  other staff of the school.
(3) The student support counsellor shall take into account the following factors in creating a student development plan for a student:
1.  The student’s safety, security, dignity and privacy.
2.  The student’s views about matters that affect their interests.
3.  The student’s need for continuity of care and for stable relationships within a family and cultural environment.
4.  The student’s physical, emotional, spiritual, mental, academic and developmental needs.
5.  The student’s identity characteristics and whether the student is from a region that is different from the region in which the student’s lodging is located.
(4) The student development plan for a student shall include,
(a)  a description of the student’s strengths, and of the factors described in subsection (3), developed with reference to the findings of current or previous assessments of the student, and a description of how the student’s needs will be met;
(b)  the desired outcomes that have been identified for the student by the student and by any persons who were consulted in the creation of the plan, based on the student’s strengths and on the factors described in subsection (3);
(c)  a description of how the lodging programs and services will take into account the student’s identity characteristics and whether the student is from a region that is different from the region in which the student’s lodging is located;
(d)  a description of how the lodging programs and services will support a First Nation, Metis, or Inuit student’s culture, heritage, tradition, and connection to community and extended family;
(e)  how the matters mentioned in subsections 2 (1) and (2) will be taken into account in decision-making;
(f)  details of any specialized services to be provided to the student by the school or arranged for by the school;
(g)  a description of any arrangements required to meet the student’s needs in the lodging programs and services;
(h)  a statement of the ways in which the student’s parents will be involved in the lodging programs and services, including arrangements that will be made for contact between the student and the student’s parents and other family members;
(i)  a description of goals and activities related to a student’s transition out of the lodging;
(j)  the student’s comments; and
(k)  the signatures of the student support counsellor and the persons set out in clauses (2) (a), (b), and (c) or, in the absence of the signature of a student or the student’s parent, the reason for its absence.
(5) The student support counsellor shall review the student development plan for each student at the end of each semester and shall update the plan as needed.
(6) A student development plan for a student and any updated plan shall not be implemented until it is approved by the student support manager.
(7) The student support manager shall approve a student development plan for a student within 30 days of the student’s admission to the lodging of a school.
(8) Each student support counsellor shall be responsible for creating, reviewing and updating the student development plans of no more than eight students.
Records
Student lodging file
24. (1) The superintendent of a school shall ensure that a student lodging file that includes the following is created and kept up to date for each student admitted to the lodging of the school:
1.  The student’s full name, gender and birth date.
2.  The date the student was admitted into the lodging.
3.  The name, address and home, cell and work telephone numbers of the student’s parents.
4.  The names of persons to be contacted in the event of an emergency.
5.  A copy of any incident record referred to in section 26 or report referred to in section 27 involving or affecting the student.
6.  Documentation related to disciplinary actions administered on a student in the course of providing lodging programs and services to the student.
7.  Information about the student’s identity characteristics, including details of any accommodations that the student requires.
8.  Information about complaints made under the policies and procedures referred to in clause 6 (1) (v) and how they were resolved.
9.  All records of medical examinations and treatments given to the student after the date of their admission to the lodging, including health information described in subsection 17 (1).
10.  A copy of the student’s service agreement referred to in section 22, including any updated version of the agreement and particulars of any reviews of the agreement.
11.  Any individualized plans for the student and the particulars of any reviews of the plans.
12.  Other information or documents necessary to meet the student’s needs in the lodging programs and services.
(2) A student lodging file shall be kept for twenty years after the student is discharged from or graduates from the school.
(3) The student support manager of a lodging may authorize a person to access a student lodging file for,
(a)  the purpose of delivering educational programs in the school or lodging programs and services to the student while the student is enrolled in the school; or
(b)  the purpose set out in the authorization, if the student has been discharged from or has graduated from the school.
(4) The student support manager shall ensure that student lodging files are kept secure and are not accessible to anyone other than those authorized under subsection (3) or anyone otherwise authorized by law.
Lodging log
25. (1) The student support manager of a lodging shall ensure that the staff member of the lodging identified for the purpose for each shift completes a log that includes the following information respecting the shift:
1.  Information about the general activities that occurred.
2.  Regular observations of each student, both during the day and overnight.
3.  Information about any nightly or weekly safety inspections that were performed, including the inspection required under clause 13 (a).
4.  Information about the administration of medication to a student.
5.  Information about students’ whereabouts, including at the lodging and elsewhere, and the times that a student left the lodging and returned to the lodging.
6.  Information about any visitors to the lodging.
7.  The names of any other staff members of the lodging on duty.
8.  Information about disciplinary actions administered by a staff member on a student.
9.  Information about any complaints made verbally by a student, parent or another person representing the student regarding concerns about any matter respecting the lodging programs and services.
10.  A summary of any event that occurred that affects the health, safety or well-being of a person working in the lodging or a student or may, in the opinion of the student support manager, affect the health, safety or well-being of a person working in the lodging or a student.
(2) Each log shall be signed by the staff member who completes the log and the student support manager.
(3) The logs shall be kept in a secure place that is accessible only to persons whom the student support manager has authorized.
Incident record
26. (1) The first staff member of a lodging who becomes aware of any event that affects the health, safety or well-being of a person working in the lodging or a student or that may, in the opinion of the staff member, affect the health, safety or well-being of a person working in the lodging or a student shall create an incident record of the event as soon as possible.
(2) Despite subsection (1), a staff member of a lodging is not required to create an incident record in respect of an occurrence described in subsection 27 (1).
(3) The incident record shall include the following details about the event:
1.  A description of the event.
2.  The date and time the event occurred.
3.  The name and title of the staff member completing the incident record.
4.  The name of any students involved.
5.  The name and title of any person involved in the event, together with details of their contributions to the incident record, if any.
6.  A description of any communications with parents related to the event.
7.  A description of the follow-up actions that were taken.
(4) A copy of the incident record shall be provided to the student support manager within 24 hours of the event.
Serious occurrences
27. (1) A staff member of a lodging who becomes aware of any of the following occurrences shall ensure that the occurrence is reported to the persons listed in subsection (3) within 24 hours of the occurrence:
1.  A student dies.
2.  A student is seriously injured.
3.  A student develops a serious illness or a student’s existing illness worsens significantly.
4.  A student is abused or mistreated or there is an allegation of abuse or mistreatment of a student.
5.  A person working in the lodging uses a physical restraint on a student.
6.  A complaint is made by or about a student that the student support manager of the lodging considers to be of a serious nature.
7.  A medication error occurs.
8.  A breach or potential breach of privacy of a student occurs.
9.  A fire or other emergency occurs in the lodging while a student is present.
10.  A student commits a serious breach of the code of conduct or of the policies and procedures referred to in clause 6 (1) (f), (g), (h), (j), (k), (m), (s), (u) or (w).
11.  Any other action or omission by a student results in harm, or the risk of harm, to the student or others.
12.  Any other serious occurrence concerning a student takes place.
(2) If a student is absent from the lodging without permission and there is reason to fear for the student’s safety the student support manager shall immediately report the absence to the persons listed in subsection (3).
(3) The following are the persons mentioned in subsections (1) and (2):
1.  The student’s parents.
2.  The principal of the school.
3.  The superintendent of the school.
4.  The manager of the regional office of the Ministry that is designated by the Minister to receive reports under this section from the lodging.
5.  The inspector appointed under section 13.2 of the Act who is assigned to the lodging.
6.  In the case of an occurrence described in paragraph 1 or 2 of subsection (1) or an absence described in subsection (2), the police force having jurisdiction in the area where the lodging is located.
Student Conduct and Discipline
Policies and procedures re student discipline
28. The policies and procedures referred to in clause 6 (1) (s) respecting student discipline shall,
(a)  set out the methods of discipline that may or may not be used in the course of providing lodging programs and services; and
(b)  set out the type of behaviour of a student that may result in the administration of a method of discipline.
Policies and procedures re physical intervention
29. The policies and procedures referred to in clause 6 (1) (t) respecting physical intervention shall include training programs for staff members of the lodging which emphasize prevention, non-physical early intervention, and de-escalation of situations and behaviour involving students.
Corporal punishment, physical restraint, etc.
30. No person working in the lodging shall, in the course of providing lodging programs and services,
(a)  inflict corporal punishment on a student or permit corporal punishment to be inflicted on a student;
(b)  use or permit the use of physical restraint on a student;
(c)  place a student in a locked room or permit a student to be placed in a locked room;
(d)  use or permit the use of harsh or degrading measures to humiliate a student or undermine a student’s self-respect; or
(e)  deprive or permit a person to deprive a student of basic needs including food, shelter, clothing or bedding.
Policies and procedures re electronic technology
31. The policies and procedures referred to in clause 6 (1) (u) respecting electronic technology shall provide that students shall have access to electronic technology in the lodging in a manner that is appropriate to their age and stage of development.
Complaints; Ombudsman
Policies and procedures re complaints
32. (1) The policies and procedures referred to in clause 6 (1) (v) respecting the process for raising and resolving complaints shall provide that,
(a)  a student, parent, or another person representing the student may make a complaint to the student support manager of the lodging, either verbally or in writing, regarding any matter connected to the lodging programs and services;
(b)  the student support manager is required to review the complaint, attempt to resolve the complaint and inform the complainant of the results of the review and, if the complaint has not been resolved, inform the complainant that they may forward the complaint to the superintendent;
(c)  if the complaint is forwarded to the superintendent, the superintendent is required to review the complaint, attempt to resolve the complaint, and inform the complainant of the results of the review and that the superintendent’s review is final; and
(d)  the student support manager is required to provide the services of an interpreter to assist the student at any stage of the complaint process if the student, parents or other person representing the student requests it.
(2) The policies and procedures referred to in clause 6 (1) (v) shall also set out timelines for responding to a complaint, including requiring that,
(a)  the student support manager or the superintendent, as the case may be, shall, by the end of the next instructional day after receiving a complaint,
(i)  provide an acknowledgement of the complaint, and
(ii)  determine what, if any, immediate action can be taken to respond to the complaint; and
(b)  the student support manager or the superintendent, as the case may be, shall provide an update to the student, parent or other person representing the student on the status of the review,
(i)  upon request by the student, parent or other person representing the student, and
(ii)  at such other times as necessary to ensure that the student, parent or other person representing the student receives an update on the review no later than 30 days after the complaint was received and subsequently at intervals of no more than 30 days.
Ombudsman
33. (1) The student support manager of a lodging shall afford a student who wishes to contact the Ombudsman with the means to do so privately and without delay.
(2) The student support manager shall, without unreasonable delay, provide the Ombudsman with private access to students who wish to meet with the Ombudsman.
(3) The student support manager shall,
(a)  prominently display in the lodging, in a manner accessible to students, a notice advising of the existence and role of the Ombudsman under subsection 14 (1) and clause 14 (1.3) (b) of the Ombudsman Act and of how the Ombudsman may be contacted; and
(b)  make available on request any informational materials produced by the Ombudsman respecting the Ombudsman’s functions under those provisions.
Amendments to this Regulation
Amendments to this Regulation
34. Paragraph 6 of subsection 27 (3) of the Regulation is amended by striking out “police force” and substituting “police service”.
Commencement
Commencement
35. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Sections 1 to 33 come into force on the later of January 1, 2023 and the day this Regulation is filed.
(3) Section 34 comes into force on the later of the day section 2 of Schedule 3 to the Comprehensive Ontario Police Services Act, 2019 comes into force and January 1, 2023.
Made by: Pris par :
Le ministre de l’Éducation,
Stephen Lecce
Minister of Education
 
Date made: March 21, 2022 Pris le : 21 mars 2022
 
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