S.M. 1987-88, c. 31
An Act to amend The Community Child Day Care Standards Act
(Assented to July 17, 1987)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Section 29 of The Community Child Day Care Standards Act, chapter Cl58 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following sections are substituted therefor:
No licensee operating a day care centre shall employ a person to be responsible in any way for the provision of day care in the day care centre unless the person has a certificate issued under subsection (3) or (6) authorizing employment in the day care centre or has made application for such a certificate.
Every person employed in any way involving responsibility for the provision of day care in a day care centre shall apply to the director for a certificate authorizing employment in the day care centre.
Where the director is satisfied that an applicant meets the qualifications prescribed by regulation for staff of day care centres or has training and experience equivalent to those qualifications, the director shall issue to the applicant a certificate in the appropriate category.
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 provisions of sections 20 to 25 apply to the appeal to the review committee under subsection (4) as if the review committee were the appeal board named therein except that the review committee shall fix a date within 30 days of receiving the appeal for hearing the appeal and the decision of the review committee is, subject to subsection (6), binding and not subject to further appeal.
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 day care centres to be employed on the staff of a day care centre and the minister may limit the certificate to apply to employment in a day care centre specified in the certificate.
Where the director has reasonable and probable grounds to believe that the employment in a day care centre of a person who has made an application under subsection 29(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.
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 29(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.
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 day care centre, the director shall forthwith notify the day care centre of the refusal, cancellation or suspension and the day care centre shall thereupon cease to employ that person.
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.
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.
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 day care centre.
This Act comes into force on royal assent.