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3rd Session, 41st Legislature

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Bill 9

THE COMMUNITY CHILD CARE STANDARDS AMENDMENT ACT (ENHANCED POWERS RESPECTING GOVERNANCE AND ACCOUNTABILITY)


  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) in the definition "licence", by striking out "an interim licence issued under section 16 and";

(b) by repealing the definitions "director", "licensee" and "private home child care"; and

(c) by adding the following definitions:

"licence holder" means a person who holds a valid licence; (« titulaire de licence »)

"provincial director" means the Director of Child Care appointed under subsection 5(1). (« directeur provincial »)

3           Section 2 is replaced with the following:

When Act does not apply

2           This Act does not apply to the care and supervision of a child that

(a) is provided by the child's parent or guardian, grandparent, brother, sister, uncle, aunt or cousin;

(b) is provided under casual and irregular babysitting arrangements in the child's home or in the home of the person providing the care and supervision; or

(c) is exempted by the regulations.

4           Subsection 3(1) is amended in the English version by striking out "is conducive to" and substituting "promotes".

5           Section 5 is replaced with the following:

Appointment of provincial director

5(1)        A Director of Child Care must be appointed under The Civil Service Act.

Provincial director may delegate

5(2)        The provincial director may, in writing, authorize a person to perform any of the provincial director's duties or to exercise any of the provincial director's powers under this Act.

6           Subsections 7(1) and (2) are replaced with the following:

Licence required

7(1)        Subject to subsection (2), no person shall provide or offer child care unless that person holds a valid licence to do so.

When licence not required

7(2)        A person does not require a licence to provide child care in the person's home if

(a) the person provides care and supervision in the person's home to no more than four children, including care and supervision of a child to which this Act does not apply; and

(b) no more than two of the children to whom the person provides care and supervision in the person's home are less than two years of age.

7           Section 9 is replaced with the following:

Applications for licence

9           All applications for licences and licence renewals must be made in writing to the provincial director.

8           Section 10 is replaced with the following:

Issue and renewal of licence

10(1)       The provincial director may issue or renew a licence if they are satisfied that the applicant and the applicable facility meet the requirements and standards set out in the regulations.

Term of licence

10(2)       Each licence may be

(a) issued for a term not exceeding one year; and

(b) renewed for a term not exceeding three years for each renewal.

9           Section 12 is replaced with the following:

Conditions of licence

12(1)       Each licence is subject to the conditions prescribed in the regulations in respect of that class of licence and to any other terms and conditions imposed by the provincial director on issuing or renewing the licence.

Notice of conditions

12(2)       Where terms and conditions are imposed on a licence, the provincial director must promptly give the licence holder notice of the terms and conditions in writing sent by mail or e-mail to the address of the licence holder indicated in the application for the licence.

10          Section 13 is replaced with the following:

Notice of changes

13(1)       A licence holder must promptly notify the provincial director of

(a) any material change in the facility described in the licence;

(b) any material change in the manner of providing child care at the facility described in the licence; or

(c) any change in the staff of the facility.

Licence holder to report

13(2)       A licence holder must promptly supply all the information and particulars regarding the licensed operation requested by the provincial director.

11          Section 14 of the French version is amended

(a) in clause (b), by striking out "modalités attachées" and substituting "conditions rattachées"; and

(b) in clause (c), by striking out "l'ordonnance délivrée" and substituting "l'ordre donné".

12          Section 15.1 is replaced with the following:

Codes of conduct and safety plans

15.1        In accordance with the regulations, every licence holder must

(a) establish for the facility a code of conduct and a safety plan, which are subject to approval by the provincial director;

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

(c) ensure that each facility staff member is instructed about the code of conduct and safety plan when first employed and annually after that.

13          Sections 15.2, 15.3 and 16 are repealed.

14          Section 18 is amended

(a) in the English version of clause (b), by striking out "the director"; and

(b) by adding "or" at the end of clause (b) and replacing everything after clause (b) with the following:

(c) is of the opinion that significant financial, operational or governance-related problems exist with respect to the facility;

the provincial director may, by written order, require the person operating the facility to take the measures specified in the order and to remedy the non-compliance, remove the hazard or deal with the problems, as the case may be, within the time limits specified in the order, and must serve a copy of the order on the person operating the facility.

15(1)       Subsection 19(1) is amended

(a) by replacing the section heading with "Suspension and revocation of licence"; and

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

(c.1) is of the opinion that significant financial, operational or governance-related problems exist with respect to the facility; or

15(2)       The following is added after subsection 19(2):

Refusal to renew licence

19(2.1)     The provincial director may refuse to renew a licence issued for a facility for any reason for which the provincial director may suspend or revoke the licence under subsection (1) or refuse to issue a licence under subsection (2).

15(3)       Subsection 19(3) is replaced with the following:

Notice of refusal to issue or renew licence

19(3)       Where the provincial director refuses to issue or renew a licence, the provincial director must promptly give the applicant notice of the refusal in writing sent by mail or e-mail to the address of the applicant indicated in the licence or renewal application.

15(4)       Subsection 19(4) of the French version is amended by striking out "un exemplaire" and substituting "une copie".

16(1)       Subsection 20(1) is replaced with the following:

Appeal of refusal to issue or renew licence

20(1)       Where the provincial director refuses to issue or renew a licence, the applicant may appeal the decision.

16(2)       Subsection 20(5) is replaced with the following:

Appeal of subsidy decision

20(5)       Where the provincial director refuses to grant a subsidy to an applicant or determines the amount of subsidy to be paid to an applicant, the applicant may appeal the decision.

16(3)       Subsection 20(5.1) is amended in the English version by striking out "his or her" and substituting "the person's".

17          Section 27 is replaced with the following:

Minister to appoint provisional administrator

27(1)       If the licence for a child care centre is suspended or revoked or has expired without being renewed, the minister may, by written order, appoint a provisional administrator to take control of, operate and manage the centre.

Powers of the provisional administrator

27(2)       Unless the order provides otherwise, subject to subsection (4) and the minister's direction, a provisional administrator

(a) has the exclusive right to exercise all the powers of the former licence holder and, if it is a corporation, its board of directors, including, without limitation,

(i) to enter and authorize others to enter the centre for the purpose of carrying on its operation and to take possession of the centre for these purposes,

(ii) to name persons to assist in the centre's operation,

(iii) to arrange for the election of a new board of directors,

(iv) to have the use of all money, books and records of the former licence holder that pertain to the centre's operation,

(v) to use, and authorize others to use, any personal property owned or used by the former licence holder in connection with the centre's operation, and

(vi) to take possession of any financial asset or instrument held by the former licence holder and to operate any account held by the former licence holder with a bank, credit union or other similar financial institution;

(b) must carry out all the responsibilities of the former licence holder and, if it is a corporation, its board of directors.

Powers specified by order

27(3)       The minister may specify the powers of a provisional administrator in the order, which may include

(a) any power provided for in clause (2)(a); and

(b) any other power that the minister considers necessary to continue the centre's operation, to ensure the health and safety of the children who are provided child care at the centre, or to terminate the operation of the centre in an orderly manner.

Powers limited

27(4)       The powers of the provisional administrator do not include the power of the former licence holder and, if it is a corporation, its board of directors to appeal a decision of the provincial director under section 20.

Powers suspended

27(5)       Subject to subsections (4) and (6) and unless the order provides otherwise, on the appointment of a provisional administrator, the former licence holder's powers and, if it is a corporation, the powers of its board of directors are suspended.

Directors may continue to act

27(6)       If, pursuant to the order, the former licence holder or some or all of the directors of its board continue to have the right to act with respect to any matter, any such act of the licence holder or directors is subject to any terms and conditions that may be specified in the order.

Directors must assist administrator

27(7)       If a provisional administrator is appointed under subsection (1), the former licence holder, the former licence holder's officers and employees, and, if it is a corporation, its directors or former directors, must

(a) immediately deliver to the administrator all funds, and all books, records and documents respecting the management and activities of the centre; and

(b) provide the administrator with the information and assistance required to enable the administrator to carry out and exercise the administrator's responsibilities and powers.

Remuneration of provisional administrator, etc.

27(8)       The costs and expenses incurred in carrying on the operation of the child care centre, including remuneration for the provisional administrator and staff employed by the provisional administrator for the purpose of carrying on the operation of the child care centre, are to be paid as far as possible from the former licence holder's funds that pertain to the centre's operation.

Expenses may be paid from Consolidated Fund

27(9)       Any expenses of a provisional administration or provisional administrator that cannot be paid from the former licence holder's funds may be paid from the Consolidated Fund, and the amount of those expenses is a debt due to the government from the former licence holder of the child care centre.

Termination of appointment of provisional administrator

27(10)      If, in the opinion of the minister, a provisional administrator is no longer required for a child care centre, the minister may terminate the appointment of the provisional administrator on the terms and conditions that the minister considers advisable.

Corporations Act, by-laws and articles not applicable

27(11)      This section applies despite The Corporations Act or the articles of incorporation or by-laws of a former licence holder.

18           Subsection 28(6) is amended in the English version by striking out "he or she is re-appointed" and substituting "they are re-appointed".

19(1)       Subsection 30(4) is amended by striking out "of the director".

19(2)       Subsection 30(4.1) is amended in the English version by striking out "his or her" and substituting "their".

20          Subsection 31(3) is replaced with the following:

Keeping of books and records

31(3)       The minister may require any person applying for or receiving a grant or subsidy under this Act to

(a) keep books and records of account;

(b) submit financial statements and balance sheets certified by a qualified auditor respecting any period of operation that the minister may specify; and

(c) keep or submit any other records that the minister may specify.

21(1)       Subsection 32(1) is replaced with the following:

Authority for subsidies

32(1)       The provincial director may, in accordance with the regulations, authorize the payment of subsidies to or on behalf of parents or guardians of children requiring child care provided in a facility.

21(2)       Subsection 32(3) is replaced with the following:

Notice of subsidy decision

32(3)       The provincial director must give written notice to every applicant about whether the subsidy is granted and if so, the subsidy amount and the period during which it will be paid.

22          The following is added after section 33:

Recovery of payments

33.1        If an amount paid under section 32 or 33 to or on behalf of a parent or guardian would not have been paid except for

(a) a false statement or misrepresentation made by the parent or guardian; or

(b) an error;

the amount so paid is a debt due to the government by the parent or guardian and may be recovered as such in a court of competent jurisdiction.

23          Section 34 is amended

(a) by repealing clause (b);

(b) in the French version of clause (p), by striking out "la garde et surveillance" and substituting "la garde et la surveillance"; and

(c) by repealing clause (q).

24          The provisions of The Community Child Care Standards Act identified in Column 1 of the Schedule to this Act are amended in the manner and to the extent set out opposite them in Columns 2 and 3.

Coming into force

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

SCHEDULE

(Section 24)

Column 1

The Community Child Care Standards Act Provision

Column 2

Strike out

Column 3

Substitute

6(1) "director" wherever it occurs "provincial director"
6(2) "director" wherever it occurs "provincial director"
6(3) "Director" in the section heading

"director"

"Provincial director"

"provincial director"

6(4) "director" wherever it occurs "provincial director"
6(5) "director" "provincial director"
14 "licensee" in the part before clause (a) "licence holder"
17 "director" in clause (b) and in the part after clause (b)

"he" in the part after clause (b)

"provincial director"

"the provincial director"

18 "director" in the part before clause (a) "provincial director"
19(1) "director" in the part before clause (a), clause (d) and in the part after clause (e)

"licensee" in clause (a), clause (d) wherever it occurs and clause (e)

"provincial director"

"licence holder"

19(2) "director" in the part before clause (a) and in the part after clause (c) "provincial director"
19(4) "director"

"licensee"

"provincial director"

"licence holder"

20(2) "director"

"licensee"

"provincial director"

"licence holder"

20(3) "director"

"licensee"

"provincial director"

"licence holder"

20(4) "director"

"licensee"

"provincial director"

"licence holder"

29 "director's" in clause (a)

"director" in clause (b)

"provincial director's"

"provincial director"

30(1) "licensee" "licence holder"
30(2) "director" wherever it occurs "provincial director"
30(3) "director" wherever it occurs "provincial director"
30.1(1) "director" wherever it occurs "provincial director"
30.1(2) "director" wherever it occurs "provincial director"
30.1(3) "director" "provincial director"
30.1(5) "director" "provincial director"
31(4) "licensee" wherever it occurs "licence holder"
32(2) "director" "provincial director"
33 "director" wherever it occurs "provincial director"
34 "licensees" in clauses (e) to (g), (I), (j) and (m) wherever it occurs

"director" in clause (n)

"licence holders"

"provincial director"

36(2) "director" wherever it occurs "provincial director"

Explanatory Note

This Bill amends The Community Child Care Standards Act. The provincial director is given new powers for addressing financial, operational or governance-related problems at a child care facility.

The renewal period for a licence for a child care facility is increased from one year to three years. The government now has the authority to recover child care subsidies provided to parents in error or on the basis of false information.

Existing wording in the Act is modernized and clarified.