ontario regulation 43/25

made under the

Child, Youth and Family Services Act, 2017

Made: April 24, 2025
Filed: May 1, 2025
Published on e-Laws: May 1, 2025
Published in The Ontario Gazette: May 17, 2025

Amending O. Reg. 155/18

(GENERAL MATTERS UNDER THE AUTHORITY OF THE LIEUTENANT GOVERNOR IN COUNCIL)

1. Section 67 of Ontario Regulation 155/18 is amended by adding the following definitions:

“contraband” has the same meaning as in subsection 155 (3) of the Act; (“objet interdit”)

“frisk search” means a manual search of the clothed body, including inside clothing folds, pockets and footwear; (“fouille par palpation”)

“non-intrusive search” means, with respect to a person, a search that involves one or both of the following types of search:

1.  A search of a non-intrusive nature of the person’s clothed body by technical means, including by means of a hand-held metal detector, a walk-through metal detector, an ion scanner or a similar non-intrusive device.

2.  A manual search or a search by technical means of the person’s personal property, including any clothing that the person may be carrying, and outer garments that the person has been requested to remove; (“fouille discrète”)

“staff member” means an employee of a service provider who is employed on the premises of a place of open custody, of secure custody or of temporary detention; (“membre du personnel”)

“strip search” means a visual inspection of a person after the removal of all of the person’s clothing, or all clothing except for the person’s undergarments on the top or bottom half of the body, or on the entirety of the person’s body, but does not include an inspection that is conducted as part of a medical examination or treatment of the body. (“fouille à nu”)

2. (1) Paragraph 2 of section 68 of the Regulation is amended by striking out “and” at the end of subparagraph iii, by adding “and” at the end of subparagraph iv and by adding the following subparagraph:

v.  takes into account any applicable accommodation needs under the Human Rights Code.

(2) Paragraph 4 of section 68 of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

4.  If the search could involve physical contact between the staff member conducting the search and the individual being searched or could involve a young person being required to remove some or all clothes, other than outer garments, the following rules apply:

. . . . .

(3) Subparagraphs 4 ii and iii of section 68 of the Regulation are amended by striking out “young person” wherever it appears and substituting in each case “young person, visitor or staff member”.

3. The Regulation is amended by adding the following sections:

Rules re searches of visitors

68.1 (1) A person in charge of a place of open custody, of secure custody or of temporary detention may authorize a staff member to conduct non-intrusive searches of visitors, without individualized suspicion, when visitors enter the facility.

(2) Unless the person in charge authorizes the search because the person in charge believes on reasonable grounds that the visitor is carrying contraband and the search is necessary to safeguard the security of the facility and the safety of staff members and young persons, a non-intrusive search of the following visitors shall not be conducted when they enter the facility:

1.  A child who is or, in the absence of evidence to the contrary, who appears to be under the age of 12.

2.  A young person’s lawyer.

3.  Another person representing the young person.

4.  A young person’s spiritual advisor or Indigenous elder.

5.  The Ombudsman appointed under the Ombudsman Act and members of the Ombudsman’s staff.

6.  A member of the Legislative Assembly of Ontario or of the Parliament of Canada.

7.  A peace officer, paramedic or other emergency personnel responding to an emergency at the facility or who is otherwise present at the facility in an official capacity.

(3) A person in charge of a place of open custody, of secure custody or of temporary detention may authorize a staff member to conduct a non-intrusive search of a visitor while the visitor is on the premises if the person in charge believes on reasonable grounds that the visitor is carrying contraband.

(4) If, following a non-intrusive search under subsection (3), there are reasonable grounds to believe that the visitor may be concealing contraband, the person in charge may authorize a staff member to conduct a frisk search of the visitor.

(5) In addition to the rules set out in section 68, non-intrusive searches or frisk searches of visitors that are authorized by a person in charge of a place of open custody, of secure custody or of temporary detention shall be conducted in accordance with the following rules:

1.  A visitor who refuses to be searched shall be permitted to leave the premises.

2.  Force or coercion shall not be used to compel a visitor to undergo a search.

3.  When a visitor refuses a search or fails to co-operate with a search, the person in charge may place conditions or limitations on the visitor, including but not limited to,

i.  restricting the visitor to a non-contact visit, or

ii.  denying the visitor entry to the facility.

(6) If a visitor is in possession of an item and the person in charge has reasonable grounds to believe that the item may be connected to an alleged criminal offence, the person in charge shall ensure that the appropriate police service is notified.

(7) The service provider shall establish a written complaints procedure regarding,

(a)  the manner in which a visitor may make a complaint, either verbally or in writing, with respect to how a search was conducted; and

(b)  timelines for responding to a complaint, including a requirement that the service provider or a person designated by the service provider shall provide an acknowledgement of a complaint within 24 hours of receiving it.

Rules re searches of staff members

68.2 (1) A person in charge of a place of open custody, of secure custody or of temporary detention may authorize a staff member to conduct non-intrusive searches of other staff members, without individualized suspicion, when staff members enter or leave the facility.

(2) A person in charge of a place of open custody, of secure custody or of temporary detention may authorize a staff member to conduct a non-intrusive search of another staff member, including personal property stored in a desk, locker or other space used by the staff member, while the staff member is on the premises if the person in charge believes on reasonable grounds that the staff member is bringing, attempting to bring or carrying contraband.

(3) If, following a non-intrusive search under subsection (2), there are reasonable grounds to believe that the staff member may be concealing contraband, the person in charge may authorize a staff member to conduct a frisk search of the staff member who was subject to the non-intrusive search.

(4) If the person in charge has authorized a non-intrusive search of a staff member’s personal property, the person in charge shall, in addition to ensuring that the rules set out in section 68 are complied with, ensure that the staff member has been notified of the search and given the opportunity to be present during the search before it is conducted.

(5) The person in charge shall ensure that the appropriate police service is notified if a staff member is in possession of an item that the person in charge has reasonable grounds to believe may be connected to an alleged criminal offence.

(6) The service provider shall establish a written complaints procedure regarding,

(a)  the manner in which a staff member may make a complaint, either verbally or in writing, with respect to how a search was conducted; and

(b)  timelines for responding to a complaint, including a requirement that the service provider or a person designated by the service provider shall provide an acknowledgement of a complaint within 24 hours of receiving it.

Rules re strip searches

68.3 (1) If a person in charge of a place of open custody, of secure custody or of temporary detention determines that a less intrusive search method would not be effective at locating contraband or is not operationally feasible, the person in charge may authorize a staff member to conduct a strip search of a young person when a young person,

(a)  is admitted into the place of open custody, of secure custody or of temporary detention; or

(b)  re-enters a place of open custody, of secure custody or of temporary detention, except if the young person was directly observed by staff at all times while the young person was not on the premises of the place.

(2) A person in charge of a place of open custody, of secure custody or of temporary detention may authorize a staff member to conduct a strip search of a young person in circumstances other than those described in subsection (1) if,

(a)  the person in charge believes on reasonable grounds that the young person is carrying contraband;

(b)  the young person refuses, resists or fails to co-operate with a staff member’s request to turn over contraband;

(c)  the person in charge is satisfied that a less intrusive search method would not be effective in confirming the existence of contraband or is not operationally feasible; and

(d)  there is an immediate risk of harm to the young person or another person.

(3) In addition to the rules set out in section 68, a strip search shall be conducted in accordance with the following rules:

1.  The strip search shall be conducted in a private area and no other young person may be present in that area while the search is being conducted.

2.  Before beginning a strip search, the staff member conducting the search shall inform the young person of the purpose of the search and how it will be conducted.

3.  The young person shall remove their own clothing and shall not be completely undressed at any time during the search.

4.  The staff member conducting the search may direct the young person’s movements in order to facilitate the search, but shall not touch the young person, unless the young person requests physical support during the search.

5.  One of the staff members present during the search shall serve as a witness, and the staff member witnessing the search shall be of the same sex as the young person being searched, unless it is not operationally feasible, in which case the staff member shall be positioned in a way so as to view only the staff member conducting the search and not the young person.

6.  Despite paragraph 5, a trans young person may request that the staff member witnessing the search be a male or female staff member or that the staff member witnessing the search, regardless of their sex, be positioned in a way so as to view only the staff member conducting the search and not the young person.

4. (1) Subsection 69 (1) of the Regulation is amended by striking out “searches of the person of a young person or the property of a young person” in the portion before paragraph 1 and substituting “searches of persons or their property”.

(2) Paragraph 2 of subsection 69 (1) of the Regulation is amended by striking out “young person” and substituting “person”.

5. (1) The English version of section 70 of the Regulation is amended by striking out “written” in the portion before paragraph 1.

(2) Section 70 of the Regulation is amended by adding the following paragraphs:

5.1  The circumstances that led to the search, including the following:

i.  In the case of a non-intrusive search authorized under subsection 68.1 (2) or (3) or under subsection 68.2 (2), a description of the reasonable grounds that led to the search.

ii.  In the case of a frisk search authorized under subsection 68.1 (4) or 68.2 (3), a description of the reasonable grounds that led to the search.

iii.  In the case of a strip search authorized under subsection 68.3 (2), a description of the reasonable grounds that led to the search.

iv.  In the case of a strip search authorized under subsection 68.3 (1) or (2), a description of the less intrusive search methods that were used or contemplated and why they were determined to be ineffective or not operationally feasible.

v.  In the case of a strip search authorized under subsection 68.3 (2), a description of the immediate risk referred to in clause 68.3 (2) (d).

. . . . .

7.1  A description of the type of search that was conducted, including the time and date of the search.

. . . . .

10.  If a strip search was conducted, the name of the staff members who conducted and witnessed the search respectively, and an indication of their respective role in the search.

(3) Section 70 of the Regulation is amended by adding the following subsections:

(2) The person in charge shall make the record referred to in subsection (1) available to a provincial director upon request.

(3) A person in charge of a place of open custody, of secure custody or of temporary detention shall prepare, for every month, a record that summarizes every instance of a strip search that is conducted during that month and the record shall include the following in respect of each instance:

1.  Information identifying each young person subject to a strip search.

2.  The date and time of the strip search.

3.  The reason for the strip search.

(4) On or before the fifth day of each month, a person in charge of a place of open custody, of secure custody or of temporary detention shall provide a copy of the record prepared under subsection (3) for the previous month to a provincial director.

Commencement

6. This Regulation comes into force on the later of July 1, 2025 and the day this Regulation is filed.