Acts and Regulations

F-2.2 - Family Services Act

Full text
Determination of suitability
2019, c.17, s.2
3.1(1)The Minister may determine that an operator, a staff member or a member of a class of persons prescribed by regulation is not suitable to provide social services or services in a community placement resource in the following circumstances: 
(a) the person is the subject of a court order made under the Child and Youth Well-Being Act in relation to a danger to the well-being of a child or youth as described in paragraphs 34(a) to (n) of that Act;
(b) the Minister has made a finding that the person has endangered the well-being of a child or youth under subsection 39(1) of the Child and Youth Well-Being Act;
(c) he or she is the subject of a court order made under this Act in relation to a danger to the security of a person as described in paragraphs 37.1(1)(a) to (g);
(d) the Minister has made a finding that he or she has endangered the security of another person under section 36.2; or
(e) he or she has been convicted of an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) that is prescribed by regulation.
3.1(2)The Minister may determine that an associated person is not suitable to have contact with a recipient of social services or a resident in a community placement resource in the circumstances referred to in paragraphs (1)(a) to (e).
3.1(3)If the Minister determines that a person is not suitable under subsection (1) or (2),
(a) the person shall not provide social services or services in a community placement resource or have contact with a recipient of social services or a resident in a community placement resource, and
(b) the Minister may
(i) refuse, suspend or terminate the provision of social services, or
(ii) refuse to approve a community placement resource or suspend or terminate operation of a community placement resource.
2019, c.17, s.2; 2023, c.36, s.13
Determination of suitability
2019, c.17, s.2
3.1(1)The Minister may determine that an operator, a staff member or a class of persons prescribed by regulation is not suitable to provide social services or services in a community placement resource in the following circumstances: 
(a) he or she is the subject of a court order made under this Act in relation to a danger to the security or development of a child as described in paragraphs 31(1)(a) to (g);
(b) the Minister has made a finding that he or she has endangered the security or development of a child under section 31.01;
(c) he or she is the subject of a court order made under this Act in relation to a danger to the security of a person as described in paragraphs 37.1(1)(a) to (g);
(d) the Minister has made a finding that he or she has endangered the security of another person under section 36.2; or
(e) he or she has been convicted of an offence under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) that is prescribed by regulation.
3.1(2)The Minister may determine that an associated person is not suitable to have contact with a recipient of social services or a resident in a community placement resource in the circumstances referred to in paragraphs (1)(a) to (e).
3.1(3)If the Minister determines that a person is not suitable under subsection (1) or (2),
(a) the person shall not provide social services or services in a community placement resource or have contact with a recipient of social services or a resident in a community placement resource, and
(b) the Minister may
(i) refuse, suspend or terminate the provision of social services, or
(ii) refuse to approve a community placement resource or suspend or terminate operation of a community placement resource.
2019, c.17, s.2