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Q1. Are there any definitions in the Act or Regulations that could be further clarified and offer consistency with other legislation? Please explain:
Exemption Requirements The Child Care Act and the Child Care Regulations outline the parameters for which child care services and child care service providers can be exempt from holding a child care service license. When assessing whether or not a child care service provider or child care entity is exempt from legislative requirements, both the Act and the Regulations must be considered.
From the Regulations:
3. (1) A child care service provider is exempt from the requirement to hold a child care service licence where one or both of the following apply:
(a) the child care service operated by the child care service provider is offered for less than 10 hours a week; or
(b) the child care service provider has
(i) 3 or fewer children participating in the child care service and all of the children are in the infant age range, or
(ii) 4 or fewer children participating in the child care service and 2 or fewer of the children are in the infant age range.
(2) The child care service provider's own children shall be counted toward the number of children under paragraph (1)(b).
(3) The minister may exempt a child care service provider from the requirement to hold a child care service licence.
(4) A person shall request an exemption under subsection (3) in writing.
From the Act:
(f) "child care service" means an activity or other arrangement that provides temporary care or supervision of a child but does not include
(i) transition to school activities provided to children before entry to Kindergarten that are developed and approved by the Department of Education and Early Childhood Development,
(ii) activities or other arrangements of artistic instruction, tutoring or sports that are provided to children who are enrolled in school full-time,
(iii) day camps during school breaks that are provided to children who are enrolled in school full-time,
(iv) an occasional activity or other arrangement of more than 10 consecutive hours that either is a child care service exempted under another provision of this Act or the regulations or is provided by a child care service provider exempted under another provision of this Act or the regulations, and
(v) those other activities or arrangements exempted under this Act or the regulations;
(g) "child care service provider" means a person who or an organization that operates a child care service and includes an affiliated child care service provider but does not include
(i) schools operating under the Schools Act, 1997,
(ii) hospitals where the child care service is provided to in-patient children,
(iii) parents and relatives when providing care or supervision to a child who is related to them,
(iv) a person who operates a child care service for a child in the home of that child in exchange for compensation from one or more of the child's parents or relatives, and
(v) those other persons or organizations exempted under this Act or the regulations;
Q2. Are there any legislative requirements that require further clarity or revisions with respect to exemptions? (e.g., the number of hours per week an unregulated child care service can operate). Please describe:
Requirements for Students and Volunteers The Child Care Regulations set out the requirements for students and volunteers who are not in ratio. These include:
16. (1) Unless otherwise provided for in the Act or these regulations, a person who is an employee, student or volunteer of a child care service provider or who assists or provides services in the operation of a child care service shall not have access to the records of the children who participate in the child care service unless a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for that person are
(a) no more than 3 years old;
(b) satisfactory to
(i) the licensee of the child care service where the child care service is operated under a child care service licence, or
(ii) the administrator of the child care service where the child care service is operated under an approval certificate; and
(c) part of the personnel record required under section 47 for that person.
(2) Unless otherwise provided for in the Act or these regulations, a person who is an employee, student or volunteer of a child care service provider or who assists or provides services in the operation of a child care service shall not have contact with the children who participate in the child care service unless the following requirements are met along with the requirements under subsection (1):
(a) the person holds a diploma in first aid from an organization approved by the minister that is no more than 3 years old; and
(b) the following documents are part of the personnel record required under section 47 for that person:
(i) a copy of his or her diploma in first aid required under paragraph (a), and
(ii) current record of immunization.
(3) Unless otherwise provided for in the Act or these regulations, a person shall not be a caregiver and shall not be considered a caregiver in the caregiver to child ratio under section 54 or 69 unless all of the following requirements are met:
(a) the person holds certification
(i) for the type of facility in which the child care service is operated,
(ii) at the level required by the Act or these regulations, and
(iii) in the age range of the children to whom the person is assigned to be a caregiver;
(b) the person is 18 years old or older; and
(c) a copy of his or her certification is part of the personnel record required under section 47 for that person.
Q3. Should requirements for students and volunteers who are not in ratio be revisited? (e.g., whether first aid is required) Please explain:
Building Requirements The Child Care Regulations feature numerous physical building requirements, including:
56. (1) A centre shall not be located more than one floor above the ground.
(2) Homerooms for children in the infant age range shall be on the ground floor of the centre.
(3) The indoor area of a centre, or a part of it, shall not be used for a purpose other than the operation of the child care service during the hours of operation of the child care service.
(4) The walls of the indoor area of a centre shall extend from the floor to the ceiling and shall be permanent.
(5) The indoor area of the centre shall include a quiet and clean resting area for children who are ill.
58. (1) The floor space of every homeroom shall be at least 3.3 square metres multiplied by the number of children assigned to that homeroom.
(2) Space occupied by the following items, areas or rooms shall not be included in the calculation of the floor space of a homeroom:
(a) fixed equipment;
(b) hallways;
(c) washroom areas under subsection (6) and section 60;
(d) administrative areas; and
(e) food preparation areas.
(3) Notwithstanding subsection (1), a homeroom shall not be smaller than 24 square metres.
(4) Every homeroom shall provide natural light through one or more windows which are at a height that permits the children assigned to the homeroom to see outside.
(5) One or more first aid kits shall be available in every homeroom.
(6) Where children in the infant age range or the toddler age range are assigned to a homeroom, that homeroom shall have a washroom area within it with a diapering station, a child sized toilet and a child sized washbasin and shall permit supervision of both the homeroom and the washroom area at the same time.
(7) Where children in the infant age range are assigned to a homeroom, that homeroom shall have a sleep room attached to it that
(a) is separated from the homeroom by a door;
(b) is directly accessible from the homeroom; and
(c) permits supervision of both the homeroom and the sleep room at the same time.
59. (1) A centre shall have an administrative area for the use of the child care service provider and the employees, students and volunteers who assist and provide services in the operation of the child care service.
(2) The records of the children registered in the child care service shall be kept in the administrative area.
(3) The door of the administrative area shall be locked when the administrative area is not in use.
60. (1) A centre shall have
(a) one or more washroom areas; and
(b) at least one toilet and washbasin for every 10 children who participate in the child care service at one time.
(2) The requirements for the washroom area of the homerooms for children in the infant age range and the toddler age range required under subsection 58(6) shall not be counted towards the requirements under subsection (1).
(3) Portable potty seats with a catch basin for waste shall not be used.
(4) A washroom area for the use of children while they are participating in a child care service shall be
(a) directly accessible from every homeroom and shall be supervised; and
(b) configured so that a child cannot see another child while he or she is toileting.
(5) A centre shall have a washroom area for the exclusive use of the child care service provider and the employees, students and volunteers who assist or provide services in the operation of the child care service that is separate and apart from the washroom area used by the children participating in the child care service.
(6) The washroom areas shall be for the exclusive use of persons associated with the child care service during the hours of operation of the child care service.
61. A centre within a dwelling house shall have a separate entrance from the entrance used by the residents of the dwelling house and shall not be accessible from the part of the dwelling house that is not the centre.
68. (1) The floor space of the areas of the family home used for the child care service set out in the plans of the facility required under section 4 shall be at least 3.3 square metres multiplied by the maximum number of children who may participate in the child care service at any one time.
(2) Space occupied by washrooms and administrative areas shall not be included in the calculation of the floor space under subsection (1).
Q4. Should physical building requirements for child care services offering services to school aged children and are operated in a school or church be revised? (e.g., administrative area, child care staff washrooms, landline telephones, etc.) Please explain:
Travel Requirements The Child Care Regulations set out rules for when children have to travel outside the facility during the operation of the child care service:
38. (1) Where children travel outside the facility while they are participating in a child care service, an administrator of that child care service shall ensure that before they travel,
(a) it is reasonably safe;
(b) the written consent of a parent of every child that is specific to the circumstances has been received; and
(c) the applicable caregiver to child ratio under section 54 or 69 is maintained.
(2) The driver of a vehicle in which a child travels while the child is participating in a child care service shall be 19 years old or older and shall hold a valid driver's licence permitting the driver to operate that vehicle.
(3) A vehicle in which a child travels while participating in a child care service shall have a first aid kit.
(4) Notwithstanding paragraph (1)(c), a person who is 18 years old or older other than the driver shall accompany children travelling in a vehicle while participating in a child care service where
(a) 8 or more of the children are in the younger school age range or the older school age range;
(b) 4 or more of the children are in the toddler age range or the pre-school age range; or
(c) 3 or more of the children are in the infant age range.
(5) A child shall not be permitted to drive or to ride as a passenger on an all-terrain vehicle as defined in the Motorized Snow Vehicles and All-Terrain Vehicles Act while the child is participating in a child care service.
(6) Notwithstanding subsection (5), a manager may permit a child to ride as a passenger on an all-terrain vehicle.
(7) A person shall request permission under subsection (6) in writing.
Q5. Should Travel requirements be revisited? Please explain:
Q6. Are Certification waiver time frames sufficient (e.g., the maximum number of times a waiver can renewed is 4.) Please describe:
Q7. What are your thoughts on the potential licensing of forest/outdoor preschools/child care? Please explain:
Q8. Are there any policy or regulation changes that you believe government could pursue that would make it easier or more affordable for you to operate? Please explain:
Submissions are closed.
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