Ontario Regulation 43/25, made under the Child, Youth and Family Services Act, 2017 amends Ontario Regulation 155/18 to update and clarify rules regarding searches within facilities that provide open custody, secure custody, or temporary detention for young persons. The regulation introduces new definitions, modifies search procedures for young persons, visitors, and staff, and adds detailed requirements for record-keeping and complaints processes, aiming to balance safety and security with respect for individual rights and dignity.

Amendments to the existing provisions emphasize accommodation requirements under the Human Rights Code when conducting searches, and expand certain rules originally applying only to young persons to include visitors and staff members. The regulation recognizes the need for sensitivity and procedural safeguards in searches that may involve physical contact or removal of clothing.

New sections establish comprehensive rules for conducting searches of visitors. Facility managers may authorize non-intrusive searches of visitors entering custody or detention premises without individualized suspicion, but such searches are prohibited for certain categories of visitors unless reasonable grounds exist to believe contraband is present. These exempt visitors include children under 12, legal representatives, spiritual advisors, Ombudsman staff, legislators, and emergency personnel acting in official capacity. If reasonable suspicion arises after a non-intrusive search that contraband is concealed, frisk searches may be authorized.

The regulation introduces detailed conditions for strip searches of young persons. Strip searches may be authorized when less intrusive methods are not effective or operationally feasible, such as upon admission or re-entry to custody, unless the young person was under continuous staff observation while off premises. Strip searches may also be authorized when there are reasonable grounds to believe contraband is carried, the young person resists cooperating, less intrusive methods are inadequate, and there is an immediate risk of harm. Strip searches must be done in private with no other young persons present. The staff member conducting the search must explain its purpose and procedures beforehand. The young person removes their own clothing and cannot be fully undressed at any time. Physical contact by staff is limited to situations where requested by the young person. Searches must be witnessed by a staff member of the same sex unless operationally infeasible; trans young persons may request accommodations regarding the witness’s sex or positioning.

The regulation expands reporting and documentation requirements. Search records must include detailed information about the circumstances leading to the search, such as the reasonable grounds for non-intrusive or frisk searches, descriptions of less intrusive methods considered before strip searches, and any immediate risks involved. The type of search, timing, and names and roles of staff conducting and witnessing strip searches must be recorded. Records must be made available to provincial directors upon request.

Ontario (43/2025) May 14, 2025
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