Checks
12(0.1)In subsection (1), an operator of a licensed facility includes:
(a)
in the case of a criminal record check or a vulnerable sector check, as the case may be,
(i)
in the case of a corporation or unincorporated association, the directors,
(ii)
in the case of a partnership, the partners, and
(iii)
in the case of a limited partnership, the general partners; and
(b)
in the case of a check with the Department of Social Development,
(i)
in the case of a corporation or unincorporated association, the directors who have contact with children receiving services in the facility or who manage the finances of the facility,
(ii)
in the case of a partnership, the partners who have contact with children receiving services in the facility or who manage the finances of the facility, and
(iii)
in the case of a limited partnership, the general partners who have contact with children receiving services in the facility or who manage the finances of the facility.
12(1)An operator of a licensed facility shall obtain a criminal record check or a vulnerable sector check, as the case may be, and a check with the Department of Social Development at least every five years.
12(2)An operator of a licensed facility shall ensure that a criminal record check or a vulnerable sector check, as the case may be, and a check with the Department of Social Development is conducted on each individual before he or she becomes a staff member.
12(3)An operator of a licensed facility shall ensure that a criminal record check or a vulnerable sector check, as the case may, and a check with the Department of Social Development is conducted on each staff member and associated person at least every five years.
12(4)A check with the Department of Social Development in respect of an individual shall contain the following information:
(a)
if a court has made an order based on a finding that the individual has endangered the well-being of a child or youth under paragraphs 34(a) to (n) of the
Child and Youth Well-Being Act;
(b)
if a court has made an order based on a finding that the individual has endangered the security of another person as described in paragraphs 37.1(1)(
a) to (
g) of the
Family Services Act;
(c)
if the Minister of Social Development has made a finding as a result of an investigation under the
Child and Youth Well-Being Act that the individual has endangered the well-being of a child or youth under paragraphs 34(a) to (n) of the
Child and Youth Well-Being Act; and
(d)
if the Minister of Social Development has made a finding as a result of an investigation under the
Family Services Act that the individual has endangered the security of another person as described in paragraphs 37.1(1)(
a) to (
g) of that Act.
12(5)An operator of a licensed facility shall maintain a copy of the checks under subsections (1), (2) and (3) at the licensed facility.
2019, c.2, s.37; 2021, c.1, s.29; 2023, c.36, s.6