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C.C.S.M. c. C158 The Community Child Care Standards Act
(formerly The Community Child Day Care Standards Act)
Enacted by Proclamation status (for any provisions coming into force by proclamation)

RSM 1987, c. C158

• whole Act

– in force: 1 Feb 1988 (Man. Gaz.: 6 Feb 1988)

Amended by
SM 1987-88, c. 31
(RSM 1987 Supp., c. 6)
SM 1988-89, c. 11, s. 3
SM 1993, c. 48, s. 6
SM 2001, c. 9, s. 30

• in force: 18 Feb 2002 (Man. Gaz.: 23 Feb 2002)

SM 2001, c. 39, s. 31

• in force: 1 May 2002 (Man. Gaz.: 18 May 2002)

SM 2004, c. 42, s. 17
SM 2008, c. 18

• in force: 1 May 2010 (Man. Gaz.: 15 May 2010)

SM 2010, c. 33, s. 5
SM 2013, c. 39, Sch. A, s. 40

• in force: 1 May 2014 (Man. Gaz.: 3 May 2014)

 

C.C.S.M. c. C158

The Community Child Care Standards Act

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

Definitions

1           In this Act

"appeal board" means the Social Services Appeal Board under The Social Services Appeal Board Act; (« Commission d'appel »)

"child" means a person aged 12 years or under and includes in cases where grants or subsidies are paid

(a) a person over the age of 12 years but under 13 years, and

(b) a person with a disability not over 18 years of age; (« enfant »)

"child care" means, subject to section 2, the care and supervision of a child but does not include parental care; (« garde d'enfants »)

"child care centre" means premises, other than a child care home, where child care either alone or in combination with parental care is provided or offered at any time; (« garderie »)

"child care home" means premises in which child care either alone or in combination with parental care is provided or offered at any time and which is the home of the person providing the child care; (« garderie familiale »)

"director" means the Director of Child Care Services designated under this Act; (« directeur »)

"facility" means a child care centre or a child care home; (« établissement »)

"licence" means a licence issued under this Act to provide or offer child care in a facility and includes an interim licence issued under section 16 and a provisional licence issued under section 17; (« licence »)

"licensee" means a person who holds a valid and subsisting licence; (« titulaire de licence »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"parental care" means the care and supervision of a child in the child's own home whether or not the care and supervision is provided by the child's parents; (« garde parentale »)

"private home child care" means child care provided or offered, either alone or in combination with parental care, at any time in the home of the person providing or offering the child care to not more than four children, including the children of the person providing the child care and children of other persons, and of whom not more than two are less than two years of age; (« garde d'enfants en milieu familial »)

"review committee" means the Child Care Staff Qualifications Review Committee established under this Act. (« Comité de contrôle »)

S.M. 2001, c. 9, s. 30; S.M 2004, c. 42, s. 17.

Exemptions

2(1)        This Act does not apply to care and supervision of children

(a) where the persons providing the care and supervision provide the care and supervision only to their own children, grandchildren, brothers, sisters, nieces, nephews and cousins;

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

(c) provided by public schools as that expression is defined in The Public Schools Act and such other schools as are exempted by regulation under this Act;

(d) provided by hospitals to patients in the hospitals;

(e) provided by religious congregations for the purpose of providing religious training to children while or on the same day on which religious services are conducted for members of the congregation;

(f) provided by the Director of Child and Family Services or an agency under The Child and Family Services Act.

Regulation may exempt

2(2)        The Lieutenant Governor in Council may, by regulation, exempt any person or class of persons, in whole or in part, from the provisions of this Act.

Responsibility to provide proper environment

3(1)        Every person providing child care shall at all times provide an environment that is conducive to the health, safety and well-being of the children.

Responsibility for program activities

3(2)        Every person providing child care in a facility to children shall provide a program of activities to promote the overall development of the children including physical, social, emotional and intellectual development of the children.

Requirement for parental involvement

3(3)        Every person providing child care in a child care centre shall provide for parental involvement in the operation or management of the child care centre to the extent required in the regulation.

S.M. 1993, c. 48, s. 6; S.M. 2004, c. 42, s. 17.

Access by parents

4           Every person providing child care to children in a facility shall permit any parent of a child who is entitled to access to the child to have access to the child at any time the child is receiving child care.

S.M. 2004, c. 42, s. 17.

Designation of director

5(1)        The minister shall appoint a person from within the department through which this Act is administered as Director of Child Care Services.

Director may delegate

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

S.M. 2004, c. 42, s. 17.

Investigation by director

6(1)        The director may at all reasonable times and upon producing proper identification enter any licensed facility or any premises that the director on reasonable and probable grounds believes is being used as a child care centre or a child care home to inspect the facility or premises, the services provided and the books of account and other records related to the facility or premises.

Ex parte order to enter facility

6(2)        Where the director on reasonable and probable grounds believes that the health, safety or well-being of children is threatened or in jeopardy in any facility or premises, and is of the opinion that the operator may conceal from the director any condition or circumstance relating to the health, safety or well-being of the children, the director may apply ex parte to a judge of the Court of Queen's Bench or a justice for an order authorizing the director to enter the facility or premises to inspect them and the services provided and to require the operator to provide such information relating to the facility or premises as is specified in the order.

Director to act within seven days

6(3)        The director shall act on any order granted pursuant to subsection (2) within seven days of its effective date.

Order granting director right to enter

6(4)        Where the director is refused access to licensed facility or premises under subsection (1), a judge of the Court of Queen's Bench or a justice, on application by the director, may grant an order authorizing the director to enter the facility or premises and to inspect the facility or premises and the services provided and requiring any person therein to produce to the director and to allow the director to make copies of the books of account and other records related to the facility or premises.

Injunction

6(5)        The Court of Queen's Bench on application by the director may make an order enjoining any person from acting in contravention of the Act or the regulations, whether or not any penalty has been imposed for such contravention, and the court on application by any person may vary or discharge the order.

S.M. 1988-89, c. 11, s. 3; S.M. 2004, c. 42, s. 17.

Licence required

7(1)        No person shall provide or offer child care unless that person holds a valid and subsisting licence to do so.

Licensing of private home child care

7(2)        A person who provides private home child care may apply for a licence to do so and the director may, on application, issue a licence to provide private home child care to the person providing it, but no licence is required under this Act by the person providing private home child care.

Classes of licences

7(3)        The Lieutenant Governor in Council may by regulation establish classes of licences and the conditions necessary to obtain the various classes of licences.

S.M. 2004, c. 42, s. 17.

No other licences required

8           Notwithstanding any other Act of the Legislature, a person who obtains a licence under this Act is not required to obtain any other operating permit or licence from any municipality or local government district other than a business licence issued solely for the purpose of collecting a licence fee in lieu of business tax.

Applications for licence

9           All applications for licences shall be made in writing to the director.

Issue of licence

10(1)       Where the director is satisfied that an applicant for a licence and the facility in respect of which the application is made meet all the requirements and standards prescribed in the regulations in respect of the licence applied for, he may issue the licence to the applicant.

Term of licence

10(2)       Each licence shall be issued for a term not exceeding one year.

Licences not transferable

11          A licence is not transferable by the person named in the licence to any other person.

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 such other terms and conditions as may be imposed by the director on issuing the licence.

Notice of conditions

12(2)       Where the director imposes any terms and conditions on a licence, he shall forthwith give the licensee notice of the terms and conditions in writing sent by registered mail to the address of the licensee indicated in the application for the licence.

Notice of changes

13(1)       A licensee shall promptly notify the director of

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

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

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

Licensee to report

13(2)       Every licensee shall promptly supply the director with all information and particulars regarding the licensed operation as may be requested by the director.

S.M. 2004, c. 42, s. 17.

Licence, etc. posted

14          Every licensee shall keep posted in the facility described in the licence in a clearly visible and prominent place

(a) the licence;

(b) the terms and conditions imposed on the licence under section 12; and

(c) any order issued under section 18.

15          [Repealed]

S.M. 2004, c. 42, s. 17.

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.

S.M. 2008, c. 18, s. 2.

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.

S.M. 2008, c. 18, s. 2.

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.

S.M. 2008, c. 18, s. 2.

Interim licence

16          Where

(a) a licence in respect of a facility expires and the director refuses to issue a new licence in respect of the same facility; or

(b) a licence issued in respect of a facility has been suspended or revoked;

and the licensee has appealed the refusal to issue the new licence or the suspension or revocation of the licence, as the case may be, the director shall unless in the opinion of the director the continued operation of the facility would be hazardous to the health, safety or well-being of any child provided child care therein issue an interim licence in respect of the facility for a term expiring on the earlier of

(c) the date the appeal board finally disposes of the appeal; or

(d) three months after the date of the expiry of the earlier licence or the date on which the earlier licence was suspended or revoked, as the case may be.

S.M. 2004, c. 42, s. 17.

Provisional licence

17          Notwithstanding any other provision of this Act or the regulations, where

(a) a facility in respect of which an application for a licence has been made does not meet all the requirements and standards prescribed in the regulations; but

(b) in the opinion of the director, a facility would not be hazardous to the health, safety or well-being of any child provided child care therein and time is required to bring the facility into compliance with the requirements and standards prescribed in the regulations;

the director may issue a provisional licence in respect of the facility for such period, as he feels will be necessary to permit the applicant to bring the facility into compliance with the requirements and standards prescribed in the regulations.

S.M. 2004, c. 42, s. 17.

Orders respecting requirements

18          Where the director

(a) is satisfied that any facility described in a licence is not being operated and maintained in compliance with the requirements or standards prescribed in the regulations for that type of facility; or

(b) the director believes that a facility described in a licence is being operated and maintained in a manner that is hazardous to the health, safety or well-being of children receiving child care in the facility;

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

S.M. 2004, c. 42, s. 17.

Refusal, suspension and revocation of licence

19(1)       Where the director

(a) is satisfied that a licensee has contravened or failed to comply with any provision of this Act or the regulations or any condition of the licence; or

(b) is satisfied that any facility described in a licence is not being operated and maintained in compliance with the requirements or standards prescribed in the regulations for that type of facility; or

(c) believes that a facility described in a licence is being operated and maintained in a manner that is hazardous to the health, safety or well-being of children receiving child care in the facility; or

(d) is satisfied that a licensee has made a false statement in an application for the licence or in any document submitted in support of the application or in any document required under the regulations or by the director to be submitted by the licensee; or;

(e) is satisfied that a licensee has failed to comply with an order made under section 18;

the director may, by written order, suspend or revoke the licence issued in respect of the facility.

Refusal to issue licence

19(2)       Where the director

(a) is satisfied that any facility described in the application would not be operated and maintained in compliance with the requirements or standards prescribed in the Act or regulations for that type of facility; or

(b) is satisfied that an applicant has made a false statement in an application for the licence or any documents submitted in support of the application; or

(c) has reasonable grounds to believe that any person associated with the operation of the proposed facility is not suitable to provide child care;

the director may refuse to issue a licence to the applicant.

Notice of refusal to issue licence

19(3)       Where the director refuses to issue a licence to an applicant therefor, he shall forthwith give the applicant notice of the refusal in writing sent by registered mail to the address of the applicant indicated in the application for the licence.

Notice of suspension, etc.

19(4)       Where the director suspends or revokes a licence, a copy of the order suspending or revoking the licence shall be served on the licensee.

S.M. 2004, c. 42, s. 17.

Appeal of refusal to issue licence

20(1)       Where the director refuses to issue a licence to an applicant, the applicant may appeal the decision of the director.

Appeal of suspension or revocation of licence

20(2)       Where the director suspends or revokes a licence, the licensee may appeal the suspension or revocation of the licence.

Appeal of terms and conditions on licence

20(3)       Where the director imposes terms and conditions on a licence, the licensee may appeal the imposition of the terms and conditions on the licence.

Appeal of order under section 18

20(4)       Where the director makes an order under section 18, the licensee to whom the order is directed may appeal the making of the order, or any specific provision thereof.

Appeal of subsidy decision

20(5)       Where the director, or a person authorized by the director for the purpose of subsection 32(1), refuses to grant a subsidy to an applicant therefor or determines the amount of subsidy to be paid to an applicant therefor, the applicant may appeal the decision in respect of the subsidy.

Notice of right to appeal

20(5.1)     When an order or decision that may be appealed is made, the person affected must be advised of his or her right to appeal to the appeal board.

Method of appeal

20(6)       Any appeal under this section may be made by filing a written notice of appeal with the appeal board.

Procedure on appeal

20(7)       The provisions of The Social Services Appeal Board Act apply with respect to an appeal under this section to the appeal board.

S.M. 2001, c. 9, s. 30.

21 to 26    [Repealed]

S.M. 2001, c. 9, s. 30.

Appointment of provisional administrator

27(1)       Where

(a) the licence in respect of a child care centre expires and a new licence in respect of the child care centre has not been issued; or

(b) the director has suspended or revoked the licence issued in respect of a child care centre;

the minister may, by written order, appoint a provisional administrator of the child care centre to carry on the operation of the child care centre.

Powers of provisional administrator

27(2)       Upon the appointment of a provisional administrator under subsection (1), the rights of the licensee or its board of directors with respect to the operation of the child care centre, other than the right to appeal under section 20, are suspended and the provisional administrator has all the powers, duties, privileges and authority of the former licensee of the child care centre, or the board of directors thereof, for the purpose of carrying on the operation of the child care centre and

(a) may enter, and authorize others to enter the child care centre for the purpose of carrying on its operations;

(b) may name persons to assist in the operation of the child care centre; and

(c) shall have the use of all the moneys, books and records of the former licensee of the child care centre which pertain to its operation.

Appeal unsuccessful

27(3)       Where the licensee does not appeal or the appeal is dismissed, the rights of the licensee or its board of directors with respect to the operation of the child care centre are terminated and the provisional administrator is deemed to have all those rights and shall

(a) take such measures, including arranging for the election of a new board of directors, as are necessary to continue the operation of the child care centre; or

(b) where a continuation under clause (a) would not be in the best interests of the children, make alternative arrangements to provide child care for them and terminate in an orderly manner the operation of the child care centre.

Funds, books, etc. turned over to provisional administrator

27(4)       Where a provisional administrator is appointed under subsection (1), the former licensee of the child care centre and its officers and employees, shall forthwith deliver to the provisional administrator all moneys, books and records of the former licensee of the child care centre which pertained to the operation of the child care centre.

Remuneration of provisional administrator, etc.

27(5)       Where a provisional administrator is appointed under subsection (1) in respect of a child care centre, 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, shall, as far as possible, be paid from the funds of the former licensee of the child care centre pertaining to the operation of the child care centre and, where the provisional administrator or any of the staff employed by him to carry on the operation of the child care centre are paid from the Consolidated Fund, the government may recover the amount of salary or wages paid to them from the former licensee of the child care centre in a court of competent jurisdiction.

S.M. 2004, c. 42, s. 17.

Child Care Staff Qualifications Review Committee

28(1)       There shall be a Child Care Staff Qualifications Review Committee comprised of nine persons, who shall as far as possible and practical be representative of persons employed in child care centres, parents of children receiving child care in child care centres, members of the faculty of community colleges and universities who teach courses which are credits for the qualifications for staff of facilities, and the community at large, appointed by the Lieutenant Governor in Council for such term of office as the Lieutenant Governor in Council may fix.

Presiding member

28(2)       The Lieutenant Governor in Council shall designate one member of the review committee to be the presiding member thereof.

Alternative member to preside

28(3)       When the presiding member of the review committee is absent or unable to preside at a meeting of the review committee the other members may elect one of the members present to preside at the meeting.

Quorum

28(4)       Three members of the review committee constitute a quorum for conducting the business of the review committee and meetings thereof.

S.M. 2004, c. 42, s. 17.

Duties and functions of review committee

29          The review committee shall

(a) advise the minister on requirements for and qualifications of staff for facilities and the training thereof; and

(b) perform such other related duties and functions as are prescribed under this Act or the regulations or as may be required by the minister.

Qualifications of staff of child care centres

30(1)       No licensee operating a child care centre shall employ a person to be responsible in any way for the provision of child care in the child care centre unless the person has a certificate issued under subsection (3) or (6) authorizing employment in the child care centre or has made application for such a certificate.

Application to director

30(2)       Every person employed in any way involving responsibility for the provision of child care in a child care centre shall apply to the director for a certificate authorizing employment in the child care centre.

Issue of certificate

30(3)       Where the director is satisfied that an applicant meets the qualifications prescribed by regulation for staff of child care centres or has training and experience equivalent to those qualifications, the director shall issue to the applicant a certificate in the appropriate category.

Appeal

30(4)       The applicant who is dissatisfied with the category of certificate granted by the director under subsection (3) may within 90 days of receiving notice of the decision by the director appeal in writing to the review committee.

The Social Services Appeal Board Act applies

30(5)       The provisions of The Social Services Appeal Board Act apply with respect to the procedures on an appeal to the review committee under subsection (4) as if the review committee were the appeal board, except that the decision of the review committee is, subject to subsection (6), binding and not subject to further appeal.

Ministerial certificate

30(6)       If the minister is of the opinion that special circumstances exist, the minister may issue a certificate permitting a person who does not meet the prescribed qualifications for staff of child care centres to be employed on the staff of a child care centre and the minister may limit the certificate to apply to employment in a child care centre specified in the certificate.

R.S.M. 1987 Supp., c. 6, s. 1; S.M. 2001, c. 9, s. 30; S.M. 2004, c. 42, s. 17.

Refusal to issue

30.1(1)     Where the director has reasonable and probable grounds to believe that the employment in a child care centre of a person who has made an application under subsection 30(2) may be hazardous to the health, safety or well-being of children, the director shall refuse to issue a certificate and shall forthwith notify the person.

Cancellation or suspension of certificate

30.1(2)     Where a certificate has been issued and the director

(a) is satisfied that the person named in the certificate made a false statement in the application for the certificate under subsection 30(2); or

(b) has reasonable and probable grounds to believe that the employment of the person named in the certificate may be hazardous to the health, safety or well-being of children;

the director may cancel or suspend the certificate and the director shall forthwith give the person named in the certificate notice of the cancellation or suspension by registered mail sent to the address of the holder as indicated on the application for the certificate.

Cease employment

30.1(3)     Where a person who is refused a certificate under subsection (1) or whose certificate is cancelled or suspended under subsection (2) is employed in a child care centre, the director shall forthwith notify the child care centre of the refusal, cancellation or suspension and the child care centre shall thereupon cease to employ that person.

Appeal

30.1(4)     A person who has been refused a certificate under subsection (1) or whose certificate has been cancelled or suspended under subsection (2) may, within 30 days of receiving notice of the cancellation or suspension, appeal to the Court of Queen's Bench.

Burden of proof

30.1(5)     At the hearing of the appeal, the director shall have the burden on the balance of probabilities of showing that the person made a false statement in the application for a certificate or that employment of the person may be hazardous to the health, safety or well-being of children.

Effect of appeal

30.1(6)     Pending the decision of the court on an appeal under subsection (4), the person who has been refused a certificate or whose certificate has been suspended or cancelled shall not be employed in a child care centre.

R.S.M. 1987 Supp., c. 6, s. 1; S.M. 2004, c. 42, s. 17.

Grants

31(1)       The minister, in accordance with and subject to the regulations, may authorize grants to be paid

(a) to non profit corporations and cooperatives which operate licensed child care centres; and

(b) to persons who operate licensed group child care homes or licensed family child care homes.

Limitation on grants to child care centre

31(2)       The minister shall not authorize a grant to be paid under clause (1)(a) to a corporation or cooperative which operates a licensed child care centre unless

(a) the articles of incorporation, charter or by-laws of the corporation or cooperative provide for representation on the board of directors, to the extent required in the regulations, from parents of children receiving child care in the child care centre, the staff of the child care centre and the community at large; and

(b) where there is no such provision, the articles of incorporation, charter or by-laws provide for an advisory board composed, to the extent required in the regulations, of representatives from parents of children receiving child care in the child care centre, the staff of the child care centre and the community at large, to advise and assist the board of directors in the operation of the child care centre.

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 keep books and records of account and to submit financial statements and balance sheets certified by a qualified auditor respecting any period of operation which he may specify and such other records as the minister may specify.

Audit by Auditor General

31(4)       The minister may request the Auditor General to examine and certify the accuracy of the financial records and accounts of any licensee operating a facility and to facilitate the examination the licensee shall permit the Auditor General, or a member of the Auditor General's staff, to have access to the books, records and accounts relating to the operation of the facility.

S.M. 1993, c. 48, s. 6; S.M. 2001, c. 39, s. 31; S.M. 2004, c. 42, s. 17.

Authority for subsidies

32(1)       The director, or a person authorized by the director for the purpose, may, in accordance with and subject to the regulations, authorize the payment of subsidies to or on behalf of parents or guardians of children requiring child care facilities.

Applications for subsidies

32(2)       Applications for subsidies shall be made in writing to the director and shall set out or be accompanied by such information as may be required under the regulations to be supplied.

Notice of subsidy decision

32(3)       The director, or a person authorized by the director under subsection (1), shall give notice in writing to every person who applies for a subsidy of whether the subsidy is granted and if it is granted of the amount thereof and the period during which it will be paid.

S.M. 2004, c. 42, s. 17.

Further assistance

33          Where, in the opinion of the director,

(a) a person to whom or on whose behalf a subsidy is paid for child care of a child is unable to pay the cost of child care for the child over and above the amount of subsidy; and

(b) the child is in need of child care;

the director may, in accordance with and subject to the regulations, authorize the payment of further assistance to or on behalf of the person in an amount not exceeding the excess of the charges for the child care over the amount of subsidy payable to the person.

S.M. 2004, c. 42, s. 17.

Regulations

34          For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) establishing classes of child care centres and child care homes and the qualifications for the licensing thereof;

(b) respecting the qualifications for the licensing of private home child care;

(c) prescribing conditions for licences or various classes of licences;

(d) prescribing the fees payable for licences;

(e) respecting qualifications for licensees and requirements and standards of facilities operated by licensees and the furnishings and equipment thereof;

(f) prescribing the elements of programs of activities required to be provided by licensees in facilities;

(g) prescribing standards of health, safety, nutrition, discipline, staffing and emergency procedures required to be met or provided by licensees in facilities operated by them;

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

(h) prescribing the maximum number of children to which child care may be provided in facilities of various classes or meeting of various requirements or standards;

(i) respecting the qualifications, duties and responsibilities of licensees and of the staff of facilities operated by licensees;

(j) prescribing the books, records and accounts to be kept by licensees in respect of the operation of facilities;

(k) respecting the payment of grants to persons providing child care in facilities and prescribing the manner of determining the amount of grants, the requirements and qualifications for receiving grants and the conditions on which grants are payable;

(l) respecting the payment of subsidies to or on behalf of persons placing their children in facilities for child care and prescribing the manner of determining the amount of subsidies payable, and the requirements and qualifications for receiving subsidies, and respecting payment or subsidies in respect of persons over 12 years of age but under 13 years of age to allow the persons to continue to be placed in facilities for purposes prescribed in the regulations;

(m) prescribing the maximum fees chargeable by licensees of various classes for child care provided;

(n) prescribing duties and functions for the review committee;

(o) prescribing standards for staffing of facilities;

(p) exempting care and supervision of children provided by any person or any class of persons from the application of this Act or the application of any specific provision of this Act;

(q) exempting in whole or in part any school from the provisions of this Act;

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

S.M. 2004, c. 42, s. 17; S.M. 2008, c. 18, s. 3; S.M. 2010, c. 33, s. 5.

Retroactive regulations

35          A regulation made under this Act respecting grants or subsidies payable under this Act or the requirements or qualifications therefor may be made to be effective retroactively to a date prior to the date on which it is made.

S.M. 2013, c. 39, Sch. A, s. 40.

Offence and penalty

36(1)       Every person who contravenes any provision of this Act or the regulations, or fails to comply with an order made under this Act is guilty of an offence and liable on summary conviction to a fine of not more than $l,000. and, if the offence continues for more than one day, to a further fine of not more than $200. for each day during which the offence continues after the first day on which it occurred.

Offence

36(2)       Every person who resists or wilfully obstructs the director or a person duly authorized by the director under subsection 5(2) or a provisional administrator appointed under subsection 27(1) in the execution of their duties under this Act, commits an offence punishable on summary conviction.

Agreements

37          With the approval of the Lieutenant Governor in Council, the minister may enter into agreements with the Government of Canada respecting the establishment of facilities or contributions to the cost of operating facilities or providing child care.

S.M. 2004, c. 42, s. 17.

 

 


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