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2nd Session, 41st Legislature

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Bill 11

THE COMMUNITY CHILD CARE STANDARDS AMENDMENT ACT (STAFF QUALIFICATIONS AND TRAINING)


  Bilingual version (PDF) 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           Section 1 is amended

(a) by repealing the definition "review committee"; and

(b) by adding the following definitions:

"committee" means the Child Care Qualifications and Training Committee established in section 28; (« Comité »)

"personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act; (« renseignements personnels »)

3           Sections 28 and 29 are replaced with the following:

Committee established

28(1)       The Child Care Qualifications and Training Committee is hereby established.

Members appointed by minister

28(2)       The committee consists of no more than nine persons appointed by the minister.

Persons eligible for appointment

28(3)       To be eligible for appointment as a member of the committee, a person must, in the opinion of the minister, have knowledge or experience relevant to the qualifications and training of persons who provide licensed child care.

Term

28(4)       A member is to be appointed for a term not exceeding three years.

Limitation on length of service

28(5)       No member may serve for more than six consecutive years.

Appointment continues

28(6)       After a member's term expires, the member continues to hold office until he or she is re-appointed, the appointment is revoked or a successor is appointed.

Chair and vice-chair

28(7)       The minister must designate one member of the committee as chair and another as vice-chair, to act if the chair is absent or unable to act.

Role of committee

29          The committee has the following responsibilities:

(a) at the minister's or the director's request, to advise and make recommendations about any matter relating to the qualifications and training of staff for facilities;

(b) to perform any other duties assigned by the minister or the director.

4(1)        Subsection 30(1) is amended by striking out "subsection (3) or (6)" and substituting "subsection (3) or section 30.0.1".

4(2)        Subsections 30(4) and (5) are replaced with the following:

Appeal

30(4)       An applicant who is dissatisfied with a decision of the director under subsection (3) may appeal the decision by filing a written notice of appeal with the appeal board.

Notice of right to appeal

30(4.1)     An applicant must be advised of his or her right to appeal a decision under subsection (3) to the appeal board.

Procedure on appeal

30(5)       The provisions of The Social Services Appeal Board Act apply with respect to an appeal under subsection (4) to the appeal board.

4(3)        Subsection 30(6) is renumbered as section 30.0.1.

5           Clause 34(n) is replaced with the following:

(n) respecting the committee, including its collection, use and disclosure of personal information and other information and the sharing of personal information and other information between it and the minister or the director;

TRANSITIONAL

Definitions

6(1)        In this section and section 7, "former Act" means The Community Child Care Standards Act as it read immediately before the coming into force of this Act and "review committee" means the Child Care Staff Qualifications Review Committee established in section 28 of the former Act.

Dissolution of the review committee

6(2)        On the coming into force of this Act,

(a) the review committee is dissolved; and

(b) the appointments of the members of the review committee are rescinded, and all rights and obligations of the members in relation to or under those appointments are extinguished.

Act applies to existing certification appeals

7(1)         An appeal made under subsection 30(4) of the former Act that has been commenced but is not finally disposed of before this Act comes into force is to be taken up and continued before the Social Services Appeal Board under and in conformity with the provisions of The Social Services Appeal Board Act.

Time limits for existing appeals

7(2)        An appeal continued under subsection (1) is deemed

(a) to satisfy the requirements of subsection 12(2) of The Social Services Appeal Board Act (time limit for filing) if it satisfies the requirements of subsection 30(4) of the former Act; and

(b) to have been filed with the Social Services Appeal Board on the day the appeal board receives it, for the purpose of subsection 16(1) of The Social Services Appeal Board Act (hearing date).

Transfer of records

8           Any records maintained by the Child Care Education Program Approval Committee established by the Minister of Education and Training must be transferred to the Director of Child Care Services designated under The Community Child Care Standards Act.

CONSEQUENTIAL AMENDMENT

C.C.S.M. c. F157 amended

9           Schedule A to The Francophone Community Enhancement and Support Act is amended by striking out "The Child Care Staff Qualifications Review Committee established under The Community Child Care Standards Act".

COMING INTO FORCE

Coming into force

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

Explanatory Note

This Bill amends The Community Child Care Standards Act to establish a new committee to be appointed by the minister and responsible for advising on matters related to staff qualifications. The Child Care Staff Qualifications Review Committee that was appointed by Cabinet is dissolved.

Certification appeals previously heard under the Act are to be considered under The Social Services Appeal Board Act.

A consequential amendment is made to The Francophone Community Enhancement and Support Act.