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Second Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 16

THE CHILD CARE SAFETY CHARTER (COMMUNITY CHILD CARE STANDARDS ACT AMENDED)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C158 amended

1           The Community Child Care Standards Act is amended by this Act.

2           The following is added after section 15:

Codes of conduct and safety plans

15.1        Every licensee must

(a) establish for the facility a code of conduct and a safety plan, which must be approved by the director; and

(b) review the code of conduct and safety plan at least annually.

Content of code of conduct

15.2(1)     A facility's code of conduct must be in accordance with any regulations and must include

(a) a statement that the following persons must behave in a respectful manner and comply with the code of conduct:

(i) the licensee,

(ii) staff of the facility,

(iii) children enrolled at the facility,

(iv) parents and guardians of children enrolled at the facility,

(v) all others involved with the facility;

(b) a statement that the following are unacceptable:

(i) bullying or harassing another person,

(ii) abusing another person physically or sexually, or abusing another person psychologically, whether orally, in writing or otherwise,

(iii) discriminating against another person unreasonably on the basis of any characteristic set out in subsection 9(2) of The Human Rights Code,

(iv) acting in a manner that puts another person at risk of harm;

(c) a statement that the persons referred to in clause (a) must adhere to the facility's policies about the appropriate use of e-mail, electronic devices and the Internet;

(d) proactive strategies to ensure an environment that is conducive to the health, safety and well-being of the children enrolled at the facility; and

(e) the consequences of violating the code of conduct;

and meet any other requirements set out in the regulations.

Developmental capabilities of children

15.2(2)     The code of conduct must take into account the developmental capabilities of children.

Content of safety plan

15.3        A facility's safety plan must be in accordance with any regulations and must include

(a) procedures for

(i) controlling visitor access to the facility,

(ii) ensuring that the indoor and outdoor spaces used by the facility are safe, and

(iii) carrying out emergency practice drills;

(b) the role of the licensee, staff and others in the event of an emergency;

(c) emergency procedures for

(i) dealing with bomb threats, fires, chemical spills, weather-related emergencies and health-related emergencies,

(ii) responding to threatening behaviour by a person in the facility or on the property,

(iii) evacuating the facility,

(iv) communicating

(A) inside and outside the facility, and

(B) with a school or organization located in the same building as the facility,

(v) contacting parents or guardians of children enrolled in the facility; and

(d) policies and procedures to meet the needs of children who have diagnosed anaphylaxis;

and meet any other requirements set out in the regulations.

3           Section 34 is amended

(a) by adding the following after clause (g):

(g.1) respecting the contents of codes of conduct and safety plans;

(b) by adding the following after clause (q):

(r) defining any word or expression used in this Act but not defined.

Coming into force

4           This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill requires every child care centre or child care home to have a code of conduct and a safety plan, and to review both regularly.  Codes of conduct and safety plans must be approved by the Director of Child Care Services.

A code of conduct must deal with respectful behaviour, unacceptable actions and appropriate use of e-mail, electronic devices and the Internet.

A safety plan must include procedures to control visitor access to the facility, keep indoor and outdoor spaces safe, and deal with emergencies relating to health, weather, the environment and other matters.  It must also include policies and procedures to meet the needs of children with anaphylaxis.