[37] Bill 71 Royal Assent (PDF)
Bill 71 2001
An Act to repeal the
Homes for Retarded Persons Act,
amend the Developmental Services Act
and make related amendments
to other statutes
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Repeal of the Homes for
Retarded Persons Act
1. The Homes for Retarded Persons Act is repealed.
Amendments to the
Developmental Services Act
2. (1) The French version of the title of the Developmental Services Act is amended by striking out "atteintes d'un handicap de développement" and substituting "ayant une déficience intellectuelle".
(2) The definition of "developmental handicap" in section 1 of the Act is repealed.
(3) Section 1 of the Act is amended by adding the following definition:
"developmental disability" means a condition of mental impairment, present or occurring during a person's formative years, that is associated with limitations in adaptive behaviour; ("déficience intellectuelle")
(4) The definition of "facility" in section 1 of the Act is amended by striking out "with a developmental handicap" at the end and substituting "with a developmental disability".
(5) The definition of "resident" in section 1 of the Act is amended by striking out "with a developmental handicap" and substituting "with a developmental disability".
(6) Subsection 2 (2) of the Act is amended by striking out "with a developmental handicap or believed to have a developmental handicap" and substituting "with a developmental disability or believed to have a developmental disability".
(7) Subsection 4 (1) of the Act is amended by striking out "with a developmental handicap" and substituting "with a developmental disability".
(8) Section 7 of the Act is repealed and the following substituted:
Persons may apply for admission to facilities
7. A person may apply for admission to a facility or for any item of assistance or service which the Minister may make available to persons with a developmental disability if the person,
(a) believes he or she is a person with a developmental disability; or
(b) wishes to apply on behalf of a person whom he or she believes is a person with a developmental disability.
(9) Subsection 34 (1) of the Act is amended by striking out "with a developmental handicap" and substituting "with a developmental disability".
(10) Section 35 of the Act is repealed and the following substituted:
Provincial aid
35. The Minister may direct payment of provincial aid to or for the benefit of persons with a developmental disability, or believed to have a developmental disability, or to or for any facility or class of facility in which a person with a developmental disability resides, in such amounts and under such conditions as are prescribed by the regulations.
(11) Clause 36 (g) of the Act is amended by striking out "with a developmental handicap" at the end and substituting "with a developmental disability".
(12) Clause 36 (i) of the Act is amended by striking out "with a developmental handicap or believed to have a developmental handicap" and substituting "with a developmental disability or believed to have a developmental disability".
(13) Clause 36 (k) of the Act is amended by striking out "with a developmental handicap or believed to have a developmental handicap" and substituting "with a developmental disability or believed to have a developmental disability".
(14) Clause 36 (l) of the Act is amended by striking out "with a developmental handicap or believed to have a developmental handicap" and substituting "with a developmental disability or believed to have a developmental disability".
(15) Clause 36 (m) of the Act is amended by striking out "with a developmental handicap or believed to have a developmental handicap" and substituting "with a developmental disability or believed to have a developmental disability".
(16) Clause 36 (p) of the Act is amended by striking out "with a developmental handicap or believed to have a developmental handicap" and substituting "with a developmental disability or believed to have a developmental disability".
(17) Section 36 of the Act is amended by adding the following clause:
(w) providing, with respect to corporations that were approved corporations and homes that were approved homes under the Homes for Retarded Persons Act before its repeal by the Homes for Retarded Persons Repeal Act, 2001, for such transitional matters as the Lieutenant Governor in Council considers advisable in relation to the designation of such homes as facilities under this Act.
Related Amendments to Other Acts
3. Paragraph 5 of subsection 33 (4) of the Capital Investment Plan Act, 1993 is repealed and the following substituted:
5. Corporations, organizations, homes, residences or other facilities that receive provincial funding under the Developmental Services Act.
4. Clause (c) of the definition of "charitable institution" in section 1 of the Charitable Institutions Act is repealed.
5. (1) The definition of "child development service" in subsection 3 (1) of the Child and Family Services Act is repealed and the following substituted:
"child development service" means a service for a child with a developmental disability or physical disability, for the family of a child with a developmental disability or physical disability, or for the child and the family; ("service de développement de l'enfant")
(2) The definition of "developmental handicap" in subsection 3 (1) of the Act is repealed.
(3) Subsection 3 (1) of the Act, as amended by the Statutes of Ontario, 1999, chapter 2, section 2 and 1999, chapter 12, Schedule G, section 16, is further amended by adding the following definition:
"developmental disability" means a condition of mental impairment present or occurring in a person's formative years that is associated with limitations in adaptive behaviour; ("déficience intellectuelle")
(4) The definition of "special need" in section 26 of the Act is repealed and the following substituted:
"special need" means a need that is related to or caused by a developmental disability or a behavioural, emotional, physical, mental or other disability. ("besoin particulier")
(5) Subsection 29 (3) of the Act is repealed and the following substituted:
Exception:
developmental disability
(3) Clause (2) (b) does not apply where it has been determined on the basis of an assessment, not more than one year before the agreement is made, that the child does not have capacity to participate in the agreement because of a developmental disability.
(6) Clause 137 (9) (b) of the Act is repealed and the following substituted:
(b) the person is not able to consent because of a developmental disability.
(7) Clause 215 (e) of the Act is repealed and the following substituted:
(e) further defining "special need" and "developmental disability".
6. Section 11.8 of the City of Greater Sudbury Act, 1999, as enacted by the Statutes of Ontario, 2000, chapter 5, section 1, is repealed and the following substituted:
Powers re facilities
11.8 (1) The city may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
7. Section 11.2 of the City of Hamilton Act, 1999, as enacted by the Statutes of Ontario, 2000, chapter 5, section 3, is repealed and the following substituted:
Powers re facilities
11.2 (1) The city may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
8. Section 12.2 of the City of Ottawa Act, 1999, as enacted by the Statutes of Ontario, 2000, chapter 5, section 5, is repealed and the following substituted:
Powers re facilities
12.2 (1) The city may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
9. Section 54 of the City of Toronto Act, 1997 (No. 2) is amended by striking out "Metropolitan Toronto Association for Retarded Children" and substituting "Toronto Association for Community Living".
10. Clause 10 (2) (d) of the Coroners Act is repealed and the following substituted:
(d) a facility as defined in the Developmental Services Act;
11. (1) The French version of clause 13.4 (2) (c) of the Corporations Tax Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 78, is amended by striking out "atteints d'un trouble du développement" and substituting "ayant une déficience intellectuelle".
(2) The French version of subsection 13.4 (5) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 78, is amended by striking out "atteints d'un trouble du développement" at the end and substituting "ayant une déficience intellectuelle".
(3) The French version of the definition of "C" in subsection 13.4 (6) of the Act, as enacted by the Statutes of Ontario, 1999, chapter 9, section 78, is amended by striking out "atteints d'un trouble du développement" at the end and substituting "ayant une déficience intellectuelle".
12. Section 71 of the County of Oxford Act is repealed and the following substituted:
Powers re facilities
71. (1) The County may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
13. The French version of clause (b) of the definition of "facility" in subsection 7 (5) of the Crown Employees Collective Bargaining Act, 1993 is amended by striking out "Loi sur les services aux personnes atteintes d'un handicap de développement" and substituting "Loi sur les services aux personnes ayant une déficience intellectuelle".
14. (1) Clause (a) of the definition of "day nursery" in subsection 1 (1) of the Day Nurseries Act is amended by striking out "with a developmental handicap" and substituting "with a developmental disability".
(2) Clause (c) of the definition of "day nursery" in subsection 1 (1) of the Act is repealed and the following substituted:
(c) part of a public school, separate school or private school under the Education Act; ("garderie")
(3) The definition of "developmental handicap" in subsection 1 (1) of the Act is repealed.
(4) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 30, Schedule C, section 1 and 1999, chapter 12, Schedule G, section 21, is further amended by adding the following definition:
"developmental disability" means a condition of mental impairment present or occurring during a person's formative years, that is associated with limitations in adaptive behaviour; ("déficience intellectuelle")
(5) Subclause 8 (4) (b) (i) of the Act is amended by striking out "have a developmental handicap" and substituting "have a developmental disability".
(6) Subclause 8 (4) (b) (ii) of the Act is amended by striking out "do not have a developmental handicap" and substituting "do not have a developmental disability".
(7) Subclause 8 (4) (c) (i) of the Act is repealed and the following substituted:
(i) enrolled in a day nursery and who attains the age of 18 years, where the child has a developmental disability, or the age of 10 years, where the child does not have a developmental disability,
15. Section 64 of the District Municipality of Muskoka Act is repealed and the following substituted:
Powers re facilities
64. (1) The District Corporation may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
16. The French version of subsection 190 (3) of the Education Act is amended by striking out "Loi sur les services aux personnes atteintes d'un handicap de développement" and substituting "Loi sur les services aux personnes ayant une déficience intellectuelle".
17. Clause (f) of the definition of "institution" in subsection 21 (1) of the Health Protection and Promotion Act is repealed.
18. (1) The definition of "developmental handicap" in subsection 175 (1) of the Highway Traffic Act is repealed.
(2) Subsection 175 (1) of the Act is amended by adding the following definition:
"developmental disability" means a condition of mental impairment, present or occurring during a person's formative years, that is associated with limitations in adaptive behaviour; ("déficience intellectuelle")
(3) Subsection 175 (3) of the Act is amended by striking out "who have developmental handicaps" and substituting "who have developmental disabilities".
(4) Clause 175 (6) (a) of the Act is amended by striking out "who have developmental handicaps" and substituting "who have developmental disabilities".
(5) Subsection 175 (10) of the Act is amended by striking out "who have developmental handicaps" in the portion before clause (a) and substituting "who have developmental disabilities".
(6) Clause 175 (15) (a) of the Act is amended by striking out "who have developmental handicaps" and substituting "who have developmental disabilities".
(7) Clause 175 (15) (g) of the Act is amended by striking out "who have developmental handicaps" and substituting "who have developmental disabilities".
19. Clause (b) of the definition of "because of handicap" in subsection 10 (1) of the Human Rights Code is repealed and the following substituted:
(b) a condition of mental impairment or a developmental disability,
20. The French version of subsection 5 (5) of the Marriage Act is amended by striking out "Loi sur les services aux personnes atteintes d'un handicap de développement" and substituting "Loi sur les services aux personnes ayant une déficience intellectuelle".
21. The French version of subsection 157 (5) of the Municipal Act, as amended by the Statutes of Ontario, 1997, chapter 29, section 26, is further amended by striking out "Loi sur les services aux personnes atteintes d'un handicap de développement" and substituting "Loi sur les services aux personnes ayant une déficience intellectuelle".
22. Subclauses 43 (2) (d) (i) and (ii) of the Occupational Health and Safety Act are repealed and the following substituted:
(i) a hospital, sanatorium, nursing home, home for the aged, psychiatric institution, mental health centre or rehabilitation facility,
(ii) a residential group home or other facility for persons with behavioural or emotional problems or a physical, mental or developmental disability,
23. (1) The French version of clause 1 (k) under the heading "MINISTRY OF COMMUNITY AND SOCIAL SERVICES" in the Appendix to the Schedule to the Pay Equity Act, as re-enacted by Ontario Regulation 395/93, section 5, is amended by striking out "Loi sur les services aux personnes atteintes d'un handicap de développement" and substituting "Loi sur les services aux personnes ayant une déficience intellectuelle".
(2) Clause 1 (m) under the heading "MINISTRY OF COMMUNITY AND SOCIAL SERVICES" in the Appendix to the Schedule to the Act, as re-enacted by Ontario Regulation 395/93, section 5, is repealed.
24. Section 24 of the Regional Municipality of Durham Act is repealed and the following substituted:
Powers re facilities
24. (1) The Regional Corporation may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
25. Section 22 of the Regional Municipality of Halton Act is repealed and the following substituted:
Powers re facilities
22. (1) The Regional Corporation may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
26. Section 21 of the Regional Municipality of Niagara Act is repealed and the following substituted:
Powers re facilities
21. (1) The Regional Corporation may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
27. Section 21 of the Regional Municipality of Peel Act is repealed and the following substituted:
Powers re facilities
21. (1) The Regional Corporation may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
28. Section 20 of the Regional Municipality of Waterloo Act is repealed and the following substituted:
Powers re facilities
20. (1) The Regional Corporation may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
29. Section 20 of the Regional Municipality of York Act is repealed and the following substituted:
Powers re facilities
20. (1) The Regional Corporation may grant aid to and may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
30. (1) The French version of the Schedule to the Substitute Decisions Act, 1992 is amended by striking out "Services aux personnes atteintes d'un handicap de développement, Loi sur les" and substituting "Services aux personnes ayant une déficience intellectuelle, Loi sur les".
(2) The Schedule to the Act is amended by striking out "Homes for Retarded Persons Act".
31. (1) The French version of subsection 74 (1) of the Succession Law Reform Act is amended by striking out "Loi sur les services aux personnes atteintes d'un handicap de développement" and substituting "Loi sur les services aux personnes ayant une déficience intellectuelle".
(2) The French version of subsection 74 (2) of the Act is amended by striking out "Loi sur les services aux personnes atteintes d'un handicap de développement" and substituting "Loi sur les services aux personnes ayant une déficience intellectuelle".
32. (1) Clause 3 (e) of the Tenant Protection Act, 1997 is amended by striking out "the Charitable Institutions Act, the Child and Family Services Act or Schedule I, II or III of Regulation 272 of the Revised Regulations of Ontario, 1990, made under the Developmental Services Act" at the end and substituting "the Charitable Institutions Act or the Child and Family Services Act or is listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act".
(2) Subsection 4 (1) of the Act is amended by striking out "or the Homes for Retarded Persons Act" at the end.
(3) The French version of subsection 4 (3) of the Act is amended by striking out "Loi sur les services aux personnes atteintes d'un handicap de développement" and substituting "Loi sur les services aux personnes ayant une déficience intellectuelle".
33. Section 13.2 of the Town of Haldimand Act, 1999, as enacted by the Statutes of Ontario, 2000, chapter 5, section 2, is repealed and the following substituted:
Powers re facilities
13.2 (1) The town may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
34. Section 13.2 of the Town of Norfolk Act, 1999, as enacted by the Statutes of Ontario, 2000, chapter 5, section 4, is repealed and the following substituted:
Powers re facilities
13.2 (1) The town may enter into an agreement with a corporation described in subsection (2) that operates or intends to operate a facility that is or will be governed by the Developmental Services Act, with respect to the construction, operation or maintenance of the facility.
Same
(2) Subsection (1) applies to a corporation without share capital having objects of a charitable nature,
(a) to which Part III of the Corporations Act applies; or
(b) that is incorporated under a general or special Act of the Parliament of Canada.
Commencement and Short Title
Commencement
35. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
36. The short title of this Act is the Homes for Retarded Persons Repeal Act, 2001.