.png){kind=small}
S.M. 1985-86, c. 9
An Act to amend The Community Child Day Care Standards Act
(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Section 1 of The Community Child Day Care Standards Act, being chapter C158 of the Continuing Consolidation of the Statutes of Manitoba, is amended by
(a) repealing the definition of "day care" and substituting therefor the following definition:
"day care" means, subject to section 2, the care and supervision of a child but does not include parental care;
(b) repealing the definition of "day care centre" and substituting therefor the following definition:
"day care centre" means premises, other than a day care home, where day care either alone or in combination with parental care is provided or offered at any time;
(c) repealing the definition of "facility" and substituting therefor the following definition:
"facility" means a day care centre or a day care home;
(d) repealing the definition of "family day care home" and substituting therefor the following definition:
"day care home" means premises in which day 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 day care;
(e) repealing the definition of "group day care home";
(f) repealing the definition of "licence" and substituting therefor the following definition:
"licence" means a licence issued under this Act to operate and maintain a facility and includes an interim licence issued under section 15 and a provisional licence issued under section 16;
(g) repealing the definition of "occasional day care centre".
Section 2 of the Act is repealed and the following section is substituted therefor:
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 Welfare or a child caring agency under The Child Welfare Act.
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.
Section 3 of the Act is amended
(a) by repealing subsection (1) thereof and substituting therefor the following subsection:
Responsibility to provide proper environment.
Every person providing day care shall at all times provide an environment that is conducive to the health, safety and well-being of the children.
(b) by adding thereto, immediately after subsection (2) thereof, the following subsection:
Requirement for parental involvement.
Every person providing day care in a day care centre shall provide for parental involvement in the operation or management of the day care centre to the extent required in the regulation.
Section 5 of the Act is amended by renumbering the present section as subsection 5(1) and by adding immediately after subsection (1) so renumbered the following subsection:
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.
The Act is amended by adding thereto, immediately after section 5 thereof, the following section:
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 day care centre or a day 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 granting director.
Where the director on reasonable an 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 7 days.
The director shall act on any order granted pursuant to subsection (2) within 7 days of its effective date.
Order granting director right to enter.
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.
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.
Subsection 6(1) of the Act is repealed and the following subsection is substituted therefor:
No person shall provide or offer day care unless that person holds a valid and subsisting licence to do so.
Section 6 of the Act is amended by adding thereto, immediately after subsection (2) thereof, the following subsection:
The Lieutenant Governor in Council may by regulation establish classes of licences and the conditions necessary to obtain the various classes of licences.
Section 7 of the Act is amended by striking out the words "to operate a day care centre, occasional day care centre, group day care home or a family day care home".
Section 12 of the Act is amended
(a) by renumbering the present section as subsection 12(1);
(b) by adding immediately after the word "shall" in the 1st line the word "promptly"; and
(c) by adding thereto, after subsection (1), the following subsection:
Every licensee shall promptly supply the director with all information and particulars regarding the licensed operation as may be requested by the director.
Section 13 of the Act is repealed and the following section is substituted therefor:
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 11; and
(c) any order issued under section 17.
Section 14 of the Act is amended by striking out the words "in a day care centre, an occasional day care centre, a group day care home or a family day care home".
Section 15 of the Act is amended by adding thereto, immediately after the word "shall" in the 6th line thereof, the following words "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 day care therein".
Section 16 of the Act is amended by
(a) striking out the words "a day care centre, occasional day care centre, a group day care home or a family day care home" in clause (a) thereof and substituting therefor the words "a facility";
(b) striking out the words "the day care center, the occasional day care centre, group day care home or family day care home, as the case may be" in clause (b) thereof and substituting therefor the words "the facility"; and
(c) striking out the words "not exceeding 6 months".
Subsection 18(1) of the Act is amended by
(a) repealing clause (d) thereof and substituting therefor the following clause:
(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;
and
(b) striking out the last 3 lines thereof and substituting therefor the following words "the director may, by written order, suspend or revoke the licence issued in respect of the facility".
Section 18 of the Act is further amended by adding thereto, immediately after subsection 18(1) thereof, the following subsection:
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 day care;
the director may refuse to issue a licence to the applicant.
Subsecs. 26(1) and (2) rep. and sub.
Subsections 26(1) and (2) of the Act are repealed and the following subsections are substituted therefor:
Appointment of provisional administrator.
Where
(a) the licence in respect of a day care centre expires and a new licence in respect of the day care centre has not been issued; or
(b) the director has suspended or revoked the licence issued in respect of a day care centre;
the minister may, by written order, appoint a provisional administrator of the day care centre to carry on the operation of the day care centre.
Powers of provisional administrator.
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 day care centre, other than the right to appeal under section 19, are suspended and the provisional administrator has all the powers, duties, privileges and authority of the former licensee of the day care centre, or the board of directors thereof, for the purpose of carrying on the operation of the day care centre and
(a) may enter, and authorize others to enter the day care centre for the purpose of carrying on its operations;
(b) may name persons to assist in the operation of the day care centre; and
(c) shall have the use of all the moneys, books and records of the former licensee of the day care centre which pertain to its operation.
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 day 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 day 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 day care for them and terminate in an orderly manner the operation of the day care centre.
Subsection 26(3) and (4) of the Act are amended by striking out the word "facility" wherever it appears and substituting therefor in each case, the words "day care centre".
Subsection 27(4) of the Act is amended by striking out the word "Five" and substituting therefor the word "Three".
Subsection 29(2) of the Act is repealed and the following subsections are substituted therefor:
Director to determine qualifications.
On application, the director shall determine whether a person meets the qualifications prescribed by regulation for staff of facilities or has training and experience equivalent to those qualifications.
An applicant who does not agree with the director's determination under subsection (2) may within 90 days of receiving notice of the determination appeal in writing to the review committee.
Provisions of secs. 20 to 25 apply to review.
The provisions of sections 20 to 25 apply to the appeal to the review committee under subsection (2.1) as if the review committee were the appeal board named therein except that the committee shall fix a date within 30 days for hearing the appeal and the decision of the review committee whether the person meets the prescribed qualifications or has equivalent experience is, subject to subsection (3), binding and not subject to further appeal.
Section 33 of the Act is amended
(a) by repealing clause (a) thereof and substituting therefor the following clauses:
(a) establishing classes of day care centres and day care homes and the qualifications for the licensing thereof;
(a.1) respecting the qualifications for the licensing of private home day care;
(b) by repealing clause (p) and substituting therefor the following clause:
(p) exempting in whole or in part any school from the provisions of this Act.
Section 35 of the Act is amended by renumbering the present section as subsection 35(1) and by adding thereto, immediately after subsection (1) thereof, the following subsection:
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 26(1) in the execution of their duties under this Act, commits an offence punishable on summary conviction.
This Act comes into force on a day fixed by proclamation.