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The Early Learning and Child Care Act

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If you need an official copy, use the bilingual (PDF) version.

S.M. 2021, c. 41

Bill 47, 3rd Session, 42nd Legislature

The Early Learning and Child Care Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill replaces The Community Child Care Standards Act. It establishes principles of early learning and child care services that must be considered in the administration of the new Act.

Those persons who provide early learning and child care services continue to require licences, while individuals who work directly with children continue to require certification. Those who provide care in their own homes to a limited number of children, and those exempted by regulation, do not require licences or certificates.

The provincial director is given expanded compliance and enforcement powers, including the ability to impose terms and conditions on licences and certificates and to review compliance orders.

Eligible parents may directly receive financial assistance to assist them in obtaining early learning and child care services. Assistance and grants may also be paid to those who provide early learning and child care services.

Consequential amendments are made to The Child and Family Services Act, The Environment Act, The Income Tax Act, The Municipal Assessment Act and The Social Services Appeal Board Act.

(Assented to May 20, 2021)

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

PART 1

INTRODUCTORY PROVISIONS

Definitions

1(1)

The following definitions apply in this Act.

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

"approved" means approved by the provincial director. (« approuvé »)

"authorized premises" means, in relation to a licensed provider, the premises specified in its licence as the premises at which it is authorized to provide early learning and child care services. (« locaux autorisés »)

"centre" means an authorized premises that is not the private dwelling of the licensed provider. (« centre »)

"certificate" means a certificate issued under section 27, unless the context requires a different meaning. (« certificat »)

"child" means an individual under the age of 12 years. (« enfant »)

"early learning program" means a program of developmentally appropriate learning experiences for infants and preschool age children that supports their social, emotional, physical and cognitive development. (« programme d'apprentissage pour jeunes enfants »)

"financial assistance" means financial assistance provided to or for a parent under section 37. (« aide financière »)

"immediate family member" in relation to a child, means the child's grandparent, brother, sister, uncle, aunt or cousin and includes the spouse or common-law partner of any of those individuals. (« membre de la famille immédiate »)

"infant" means a child under the age of two years. (« enfant en bas âge »)

"inspector" means an inspector appointed or designated under section 46. (« inspecteur »)

"licence" means a licence issued to a provider under section 22. (« permis »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"parent" of a child includes

(a) a guardian of the child or other person who has lawful care, custody or control of the child; and

(b) the spouse or common-law partner of the child's parent or guardian. (« parent »)

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

"preschool age child" means a child two years of age or older who is not a school age child. (« enfant d'âge préscolaire »)

"prescribed" means prescribed by regulation. (English version only)

"provider" means a person who provides early learning and child care services under this Act. (« prestataire »)

"provincial director" means the director of early learning and child care appointed under subsection 16(1). (« directeur provincial »)

"regulation" means a regulation made under this Act. (« règlement »)

"school age child" means a child of an age at which the child is entitled to be enrolled in grade one or a higher grade in a school. (« enfant d'âge scolaire »)

"school age learning program" means a program of developmentally appropriate learning experiences for school age children that supports their social, emotional, physical and cognitive development. (« programme d'apprentissage pour enfants d'âge scolaire »)

Reference to "Act" includes regulations

1(2)

A reference to "this Act" includes the regulations made under this Act.

Interpretation — early learning and child care services

2(1)

Under this Act, a person provides early learning and child care services when they care for and supervise a child of whom the person is not a parent.

Certain providers exempt from Act

2(2)

The following persons and organizations are not providing early learning and child care services under this Act:

(a) an immediate family member of a child;

(b) an individual who provides casual and irregular babysitting services for a child, while at the private dwelling of the child or the individual;

(c) a person who provides care and supervision of a child when the child's parent or an immediate family member is on the same premises as the child and is immediately accessible to attend to the needs of the child at all times;

(d) a person who provides care and supervision of a child under The Child and Family Services Act, unless the care and supervision is provided by a licensed provider under section 12 of that Act;

(e) a person who provides group or foster care under the authority of an enactment other than this Act or with the approval of the minister;

(f) a person or organization whose primary objective is to provide health care or social services, as part of the health care or social services provided to a child;

(g) a person or organization operating under the authority of a prescribed enactment of Canada;

(h) a person or organization prescribed in the regulations as not providing early learning and child care services under this Act.

Purpose

3

The purpose of this Act is

(a) to support and regulate the provision of early learning and child care services;

(b) to provide financial assistance to or for eligible parents to assist them in obtaining early learning and child care services for their children; and

(c) to provide funding to ensure the quality and accessibility of early learning and child care services.

Principles

4

In administering this Act, regard must be had to the following principles:

1.

Early learning and child care services should ensure the health, safety, development and well-being of children.

2.

Access to early learning and child care services should enhance the economic opportunities available to parents.

3.

Early learning and child care services should be available on a continuum that is responsive to the diverse needs of families.

4.

Promoting inclusion and respect and accommodating diversity should be inherent in the provision of early learning and child care services.

5.

Public funding should promote fiscal responsibility and the sustainability of early learning and child care services.

PART 2

PROVIDERS OF EARLY LEARNING AND CHILD CARE SERVICES

General obligation

5

A provider must comply with this Act in providing early learning and child care services.

Provider must be licensed

6(1)

Subject to subsection (2), a provider must hold a licence.

Exemption

6(2)

A provider is exempt from the requirement to hold a licence if

(a) the provider

(i) is an individual who provides early learning and child care services in their own private dwelling, and

(ii) provides the services to not more than four children at any time and not more than two of the children are infants, as the numbers are determined in accordance with the regulations; or

(b) the provider meets the prescribed requirements for an exemption.

Provider must ensure employees are certified

7

A licensed provider must ensure that every individual employed by the provider

(a) holds a certificate issued under section 27, in the case of an employee who provides care and supervision to a child in the course of their employment; and

(b) meets the prescribed requirements for being employed by the licensed provider.

Early learning program

8

A licensed provider who provides care and supervision of one or more infants or preschool age children at a centre must provide an approved early learning program as part of the care and supervision.

School age learning program

9

A licensed provider who provides care and supervision of one or more school age children at a centre must provide an approved school age learning program as part of the care and supervision.

Code of conduct

10

A licensed provider must

(a) comply with its approved code of conduct; and

(b) review its code of conduct at least annually.

Safety plan

11

A licensed provider must

(a) comply with its approved safety plan; and

(b) review its safety plan at least annually.

Requirement to provide information to employees

12

A licensed provider must ensure that every individual employed by the provider who provides care and supervision to a child is instructed on its approved code of conduct and its approved safety plan when the individual is first employed and annually after that.

Maximum fee

13

The fee charged for early learning and child care services or for other care and supervision under this Act must not exceed the amount set out in the regulations if

(a) the parent is receiving financial assistance under section 37 with respect to

(i) the early learning and child care services provided to a child, or

(ii) the care and supervision provided to an individual with a disability under the age of 18  years; or

(b) the person providing the services or the care and supervision has, in respect of the prescribed time period, received a grant under clause 33(1)(a) or (b).

Information to be provided

14

A licensed provider must, in the approved form and within the prescribed time period,

(a) report the following to the provincial director:

(i) any material change in the early learning and child care services it provides,

(ii) any material change in its authorized premises,

(iii) any individual becoming or ceasing to be employed by the provider; and

(b) provide any other information requested by the provincial director regarding the licensed provider, including information concerning the provider's finances, services, employees and authorized premises.

Licence posted

15

Every licensed provider must keep posted in a clearly visible and prominent place in its authorized premises

(a) its licence;

(b) a copy of any terms or conditions imposed on the licence under subsection 23(1); and

(c) a copy of any order given to the licensed provider or an employee of the licensed provider under section 50.

PART 3

ADMINISTRATION

Provincial director

16(1)

A person must be appointed as the director of early learning and child care under The Civil Service Act.

Provincial director may delegate

16(2)

The provincial director may delegate to any person, in writing, any of the powers, duties or functions of the provincial director under this Act, other than

(a) the power to reconsider a decision under section 44; or

(b) the power to review an inspector's order under section 51.

Provincial director retains powers and duties

16(3)

The provincial director may continue to exercise a power or perform a duty or function that the provincial director has delegated.

Forms

17

The provincial director may approve forms for use in the administration of this Act and may require them to be used.

When provincial director may require personal information

18(1)

The provincial director may request personal information under section 14 if it is necessary to enable the provincial director to exercise or perform their powers, duties and functions under this Act.

Limits on personal information

18(2)

The provincial director must

(a) not request or collect personal information if other information will serve the purpose; and

(b) limit the amount of personal information requested or collected to the minimum amount necessary to accomplish the purpose.

Duty to adopt security safeguards

18(3)

The provincial director must protect the personal information collected under this Act by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.

PART 4

LICENCES AND CERTIFICATES

LICENCE APPLICATIONS

Licence application

19(1)

A person may apply to the provincial director, in the approved form, for

(a) a licence of a prescribed class; or

(b) a renewal of a licence.

Applicant to provide information

19(2)

When applying for a licence or a renewal of a licence, the applicant must provide

(a) the information required to complete the approved form;

(b) a proposed early learning program, if the applicant seeks to provide care and supervision of infants or preschool age children at a centre;

(c) a proposed code of conduct;

(d) a proposed safety plan;

(e) the prescribed information; and

(f) any other documents or information requested by the provincial director.

Inspection of premises

20

Before issuing a licence, the provincial director, or a person authorized by the provincial director, may inspect the premises to be used by the applicant to provide early learning and child care services.

More than one licence required

21

A provider who seeks to provide services in more than one premises must apply for a separate licence for each premises.

ISSUING LICENCES AND CANCELLING AND SUSPENDING LICENCES

Provincial director may issue licence

22(1)

Subject to this section and the regulations, the provincial director may issue a licence, or a renewal of a licence, of a prescribed class to an applicant that authorizes the person to provide early learning and child care services.

Requirements before issue of licence

22(2)

A licence may be issued or renewed only if the provincial director

(a) approves the applicant's proposed code of conduct, safety plan and, if applicable, early learning program;

(b) is satisfied that the premises to be used to provide early learning and child care services are suitable for the purpose; and

(c) is satisfied the applicant will comply with Part 2 when providing early learning and child care services.

Duration of licence

22(3)

A licence may

(a) be issued for a term specified by the provincial director, which must not exceed one year; and

(b) be renewed for a term specified by the provincial director, which must not exceed three years.

Terms and conditions of licence

23(1)

The provincial director may impose any term or condition on a licence that they consider appropriate at the time of issuing or renewing the licence, or at any other time.

Notice

23(2)

The provincial director must give a licensed provider written notice of a decision to impose a term or condition on the licence, along with a notice that the licensed provider may ask for a reconsideration of the decision under section 44.

Provider must comply with terms and conditions

23(3)

A licensed provider must comply with any terms or conditions imposed on their licence.

Licence not transferable or assignable

24

A licence must not be transferred or assigned without the prior written consent of the provincial director.

Refusal to issue licence

25(1)

The provincial director may refuse to issue a licence to an applicant if the provincial director

(a) is satisfied that the applicant

(i) provided incomplete, false, misleading or inaccurate information in support of the application, or

(ii) will not provide early learning and child care services in compliance with this Act;

(b) is satisfied that the premises the applicant intends to use to provide early learning and child care services are not in compliance with the prescribed requirements or standards; or

(c) has reasonable grounds to believe that any individual associated with the applicant or the premises poses a risk to the health, safety or well-being of a child.

Refusal to renew, cancellation or suspension

25(2)

The provincial director may refuse to renew or may cancel or suspend a provider's licence

(a) for any reason for which the provincial director may refuse to issue a licence;

(b) if the licensed provider contravenes an order under section 50; or

(c) if the licensed provider contravenes a provision of this Act.

Notice

25(3)

The provincial director must give a person written notice of a decision to refuse to issue or renew a licence, or a decision to cancel or suspend a licence, along with a notice that the person may ask for reconsideration of the decision under section 44.

CERTIFICATE APPLICATIONS

Applying for certificate

26(1)

An individual may apply to the provincial director, in the approved form, for a certificate of a prescribed class.

Applicant to provide information

26(2)

When applying for a certificate, the applicant must provide

(a) the information required to complete the approved form;

(b) the prescribed information; and

(c) any other documents or information requested by the provincial director.

ISSUING CERTIFICATES AND CANCELLING CERTIFICATES

Provincial director may issue certificate

27(1)

Subject to this section and the regulations, the provincial director may issue a certificate of a prescribed class to an applicant that authorizes them to be employed in providing early learning and child care services.

Requirements before issue of certificate

27(2)

A certificate may be issued only if the provincial director is satisfied that the applicant meets the prescribed requirements for the class of certificate that applies.

Terms and conditions of certificate

28(1)

The provincial director may impose any term or condition on a certificate that the provincial director considers appropriate at the time of issuing the certificate.

Notice

28(2)

The provincial director must give written notice of a decision to impose any term or condition on an individual's certificate along with a notice that the individual may ask for a reconsideration of the decision under section 44.

Certificate holder must comply with terms and conditions

28(3)

The holder of a certificate must comply with any term or condition imposed on their certificate.

Refusal to issue certificate or cancellation

29(1)

The provincial director may refuse to issue or may cancel a certificate if the provincial director

(a) is satisfied that the individual provided incomplete, false, misleading or inaccurate information in support of the application; or

(b) has reasonable grounds to believe that the individual is not suitable to be responsible for the care and supervision of children.

Notice

29(2)

The provincial director must give an individual written notice of a decision to refuse to issue a certificate, or a decision to cancel a certificate, along with a notice that the individual may ask for a reconsideration of the decision under section 44.

VARIATIONS

Applying for a variation

30(1)

In accordance with the regulations, a person may apply to the provincial director, in the approved form, to vary

(a) the application of a provision of this Act; or

(b) a term or condition of the person's licence or certificate.

Issuing a variation

30(2)

The provincial director may issue a variation if the provincial director is satisfied that the variation does not increase any risk to the health, safety or well-being of a child.

Form

30(3)

A variation must be issued in writing and must specify the time period during which it is in effect.

Terms and conditions

31(1)

The provincial director may impose any term or condition on a variation.

Effect of compliance

31(2)

Compliance with a variation is deemed to be compliance with this Act and the terms and conditions of the licence or certificate, as applicable.

Other requirements still apply

31(3)

To avoid doubt, during the period that the variation is in effect, the requirements of this Act and the terms and conditions of the licence or certificate that are not varied remain in effect.

Cancellation

32

The provincial director may cancel a variation issued under section 30 if

(a) the person has contravened a term or condition imposed on the variation; or

(b) the provincial director is no longer satisfied that the variation does not increase any risk to the health, safety or well-being of a child.

PART 5

GRANTS AND FINANCIAL ASSISTANCE

GRANTS

Grants

33(1)

At the direction of the minister and in accordance with the regulations, the provincial director may provide grants

(a) to assist a licensed provider to provide early learning and child care services;

(b) to support the provision of care and supervision to individuals under the age of 18 years with a disability; and

(c) to aid and encourage

(i) the availability of early learning and child care services,

(ii) improvement of the quality of early learning and child care services,

(iii) the establishment, operation and maintenance of authorized premises, and

(iv) the development of initiatives, premises and services which meet the needs of individuals under clause (b) or promote the purposes of this Act.

Application for grants

33(2)

A person may apply to the provincial director, in the approved form, for a grant.

Information

33(3)

When applying for a grant, the applicant must provide

(a) the information required to complete the approved form;

(b) the prescribed information; and

(c) any other documents or information requested by the provincial director.

Terms and conditions

34(1)

The provincial director may impose any term or condition on a grant that the provincial director considers appropriate

(a) at the time the grant is provided; or

(b) if ongoing or recurring funding is provided under the grant, at any other time by written notice to the recipient.

Recipient must comply with terms and conditions

34(2)

The recipient of a grant must comply with any terms or conditions imposed on the grant.

Notice of decision

35

The provincial director must give written notice to an applicant about whether their application for a grant is approved, and if so, the amount of the grant to be provided, the period during which it will be paid and any term or condition imposed on the grant.

Termination of grant

36

The provincial director may, on written notice to the recipient, cancel or terminate a grant if the provincial director is satisfied that the recipient

(a) is not eligible for the grant;

(b) provided incomplete, false, misleading or inaccurate information in support of the application; or

(c) has contravened a term or condition imposed on the grant.

FINANCIAL ASSISTANCE

Providing financial assistance to eligible parents

37(1)

The provincial director may provide financial assistance in accordance with the regulations to or for an eligible parent for early learning and child care services provided by a licensed provider.

Exception

37(2)

Despite subsection (1), the provincial director may provide financial assistance in accordance with the regulations to or for an eligible parent for services provided by a person who is not licensed if

(a) in the opinion of the provincial director, the parent is unable to access suitable services from a licensed provider; and

(b) the person meets the prescribed requirements.

Providing financial assistance, other circumstances

37(3)

The provincial director may provide financial assistance in accordance with the regulations to or for an eligible parent for the care and supervision of an individual with a disability under the age of 18 years.

Parent's eligibility

37(4)

A parent's eligibility to receive financial assistance must be determined in accordance with the regulations.

Payment to provider

37(5)

The provincial director may pay financial assistance that is to be provided to or for an eligible parent directly to the provider who provides the early learning and child care services or other care and supervision.

Application for financial assistance

38(1)

A parent may apply to the provincial director, in the approved form, for financial assistance.

Information

38(2)

When applying for financial assistance, the applicant must provide

(a) the information required to complete the approved form;

(b) the prescribed information; and

(c) any other documents or information requested by the provincial director.

Terms and conditions

39(1)

The provincial director may impose any term or condition on financial assistance that the provincial director considers appropriate

(a) at the time the financial assistance is provided; or

(b) if the financial assistance is ongoing or recurring, at any other time.

Recipient must comply with terms and conditions

39(2)

The recipient of financial assistance must comply with any terms or conditions imposed on the financial assistance.

Notice of decision

40

If a parent's application for financial assistance is approved, the provincial director must give written notice to the parent

(a) of the amount and period during which financial assistance will be paid;

(b) of the terms and conditions imposed on the financial assistance; and

(c) that the parent may ask for a reconsideration of the amount of financial assistance approved, or the decision to impose terms or conditions on the financial assistance, under section 44.

Refusal or termination of financial assistance

41(1)

The provincial director may refuse to provide financial assistance, or may terminate financial assistance provided, to an individual if the provincial director is satisfied that the individual

(a) is not eligible for the financial assistance;

(b) provided incomplete, false, misleading or inaccurate information in support of the application for financial assistance; or

(c) has contravened a term or condition imposed on the financial assistance.

Notice

41(2)

The provincial director must give an individual written notice of the decision to refuse their application for financial assistance, or the decision to terminate the financial assistance, along with a notice that the individual may ask for a reconsideration of the decision under section 44.

OBLIGATIONS OF RECIPIENTS

Financial and other records

42(1)

The recipient of a grant or financial assistance, including a provider who receives payment of financial assistance under subsection 37(5), must maintain

(a) the financial and other records that are prescribed; and

(b) any other records or documents required by the provincial director.

Providing records

42(2)

The recipient must immediately, on written request, provide to the provincial director any record or document required to be maintained under subsection (1).

Repayment

43(1)

On written notice, the provincial director may require the repayment of

(a) the amount of a grant that the recipient was not entitled to receive;

(b) the amount of financial assistance that the individual was not entitled to receive; and

(c) the amount of financial assistance that a provider received under subsection 37(5) that the provider was not entitled to receive.

Debt due to government

43(2)

The amount of the repayment required under subsection (1) is a debt due to government if it is not paid within 30 days after written notice is given.

Certificate registered in court

43(3)

The minister may certify a debt referred to in subsection (2) or any part of the debt that has not been paid. The certificate may be filed in the Court of Queen's Bench. Once filed, it may be enforced as a judgment of the court.

PART 6

RECONSIDERATIONS AND APPEALS

Request for reconsideration

44(1)

A person aggrieved by any of the following decisions may request the provincial director to reconsider the decision:

(a) to impose a term or condition on a licence under subsection 23(1);

(b) to refuse to issue or renew a licence under subsections 25(1) and (2);

(c) to cancel or suspend a licence under subsection 25(2);

(d) to impose a term or condition on a certificate under subsection 28(1);

(e) to refuse to issue a certificate under subsection 29(1);

(f) to cancel a certificate under subsection 29(1);

(g) to approve an amount of financial assistance;

(h) to impose a term or condition on financial assistance under subsection 39(1);

(i) to refuse to provide financial assistance under subsection 41(1);

(j) to terminate financial assistance under subsection 41(1).

Time limit for requesting reconsideration

44(2)

A request for a reconsideration must be given to the provincial director within 14 days of the aggrieved person being given notice of the decision.

Form and content

44(3)

A request must be in the approved form and must set out the reasons why the provincial director should reconsider the decision.

Suspending the application of the decision

44(4)

On request, the provincial director may suspend the application of a decision under clause (1)(a), (c), (f), (h) or (j) or any part of it if the provincial director finds it is appropriate to do so.

No hearing required

44(5)

The provincial director is not required to hold a hearing when a request for a reconsideration is made, but they must give the person requesting the reconsideration the opportunity to make written submissions.

Decision on reconsideration

44(6)

After considering the written submissions, the provincial director may confirm, vary or rescind the decision. The provincial director must give the person a copy of the decision with written reasons.

Appeal

45

A person who is given a decision on a reconsideration may appeal the decision to the appeal board, and the provisions of The Social Services Appeal Board Act apply with respect to the appeal.

PART 7

INSPECTIONS AND ORDERS

Appointment of inspectors

46(1)

The minister may appoint any person as an inspector for the purpose of administering and enforcing this Act.

Designation of inspectors

46(2)

The minister may designate a person or a member of a class of persons employed by the government as inspectors for the purpose administering and enforcing this Act.

Provincial director has inspection powers

46(3)

The provincial director has the powers of an inspector for the purpose of administering and enforcing this Act.

Identification

46(4)

An inspector carrying out an inspection under this Act must show their identification when requested to do so.

Powers of inspectors

47(1)

For the purpose of determining whether this Act is being complied with, an inspector may

(a) enter and inspect any premises, other than a private dwelling, that the inspector reasonably believes to be used by

(i) a licensed provider to provide early learning and child care services, or

(ii) a person to keep or maintain records or things relating to the administration and enforcement of this Act;

(b) inspect equipment, facilities, materials and other things related to the provision of early learning and child care services;

(c) take photographs or other images of a premises, or of any thing located at or in it;

(d) require any record or other thing to be produced for examination or copying; and

(e) on providing a receipt, remove a record or thing relevant to the inspection.

Assistance

47(2)

An inspector may be accompanied by one or more persons who may assist the inspector in carrying out the inspection.

Authority to enter private dwelling

47(3)

An inspector must not enter a private dwelling except with the consent of the owner or occupant or under the authority of a warrant.

Warrant to enter and inspect private dwelling

47(4)

On application by an inspector, a justice may, at any time, issue a warrant authorizing the inspector and any other person named in the warrant to enter and inspect a private dwelling if the justice is satisfied that there are reasonable grounds to believe that

(a) entry to the dwelling is necessary for the purpose of administering or determining compliance with this Act; and

(b) entry to the dwelling has been refused or will be refused.

Application without notice

47(5)

A warrant under this section may be issued upon application without notice.

Assistance to be given

48(1)

The owner or person in charge of the premises being inspected or having custody or control of the relevant records or things must

(a) produce or make available to the inspector conducting the inspection any records and things that the inspector requires for the inspection;

(b) provide any assistance or additional information, including personal information, that the inspector reasonably requires to perform the inspection; and

(c) answer any questions related to the purpose of the inspection that are asked of them by the inspector.

Electronic records

48(2)

In order to inspect records that may be accessed electronically at the premises being inspected, the inspector may require the person in charge of the premises or having custody or control of the relevant records to produce the records in the form of a printout or to produce them in an electronically readable format.

Inspector may make copies

48(3)

An inspector may use equipment at the premises being inspected to make copies of relevant records and may remove the copies from the premises for further examination.

Admissibility of copies

48(4)

A copy of a record made under subsection (3) and certified to be a true copy by the inspector is, in the absence of evidence to the contrary, admissible in evidence in any proceeding or prosecution as proof of the original record and its contents.

Obstruction prohibited

49

A person must not

(a) obstruct an inspector;

(b) withhold or conceal from an inspector any record or thing relevant to an inspection; or

(c) destroy any record or thing relevant to an inspection.

ORDERS

Order to remedy contravention

50(1)

An inspector may make an order under this section if the inspector has reasonable grounds to believe that a person has contravened this Act.

Requirements of order

50(2)

An order must be in writing and must

(a) name the person to whom it is directed;

(b) state the reason for the order;

(c) inform the person what must be done to comply with the order;

(d) specify the time period within which the person must comply with the order;

(e) inform the person that they may, in writing, request a review by the provincial director under section 51;

(f) state the address for filing such a request for a review;

(g) be dated the day the order is made; and

(h) be given to or served on the person.

Oral order

50(3)

Despite subsection (2), if the time necessary to put the order in writing is likely to significantly increase the health or safety risk to any individual, the inspector may give the order orally. But the order must be confirmed in writing within 72 hours.

Duty to comply

50(4)

A person to whom an order is directed must comply with it within the specified time period.

Request for review by provincial director

51(1)

A person to whom an order is directed under section 50 may request the provincial director to review the order. The request must be made in writing and must include the person's name and address and the reasons for requesting the review.

Time limit for requesting review

51(2)

If a request for review is not received by the provincial director within 14 days after the order is given or served, the order is final.

No hearing required

51(3)

The provincial director is not required to hold a hearing when a request for review is made, but the provincial director must give the person requesting the review the opportunity to make written submissions.

Provincial director may suspend application of order

51(4)

A request for review does not suspend the application of an order unless the provincial director orders a suspension of the order.

Decision of the provincial director

51(5)

After reviewing the matter, the provincial director may

(a) confirm, revoke or vary the order; or

(b) make any order that, in the opinion of the provincial director, should have been made.

Notice of decision

51(6)

The provincial director must give the person who requested the review

(a) a copy of the decision, with written reasons; and

(b) a notice that the person may appeal the decision in accordance with section 52.

Appeal

52

A person who is given a decision under subsection 51(6) may appeal the decision to the appeal board, and the provisions of The Social Services Appeal Board Act apply with respect to the appeal.

Order for compliance

53(1)

If a person fails to comply with an order and the order has not been rescinded on a review or reversed on an appeal, the provincial director may apply to the Court of Queen's Bench for an order directing compliance. The application may be made without notice.

Conditions on order

53(2)

The court may order compliance on any conditions that the court considers necessary and may make any other order it considers necessary to ensure compliance.

PART 8

PROVISIONAL ADMINISTRATOR

Application

54

This Part applies in respect of a licensed provider

(a) who is a non-profit corporation; and

(b) whose authorized premises were not in a private dwelling.

Definitions

55

The following definitions apply in this Part.

"former centre" means the premises that were the authorized premises of a former provider. (« ancien centre »)

"former provider" means a provider whose licence is suspended or cancelled or has expired. (« ancien prestataire »)

Minister to appoint provisional administrator

56(1)

If a licensed provider's licence is suspended or cancelled or has expired, the minister may, by written order, appoint a provisional administrator to take control of, operate and manage the affairs of the former provider in respect of the early learning and child care services that the provider provided through its former centre.

Powers of the provisional administrator

56(2)

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

(a) is deemed to be a licensed provider authorized to provide early learning and child care services at the former centre;

(b) may permit the former provider to provide early learning and child care services under the direction of the provisional administrator;

(c) has the exclusive right to exercise all the powers of the former provider and its board of directors, including, without limitation,

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

(ii) to name persons to assist in the former provider'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 provider that pertain to its provision of early learning and child care services,

(v) to use, and authorize others to use, any personal property owned or used by the former provider in connection with provider's operations, and

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

(d) must carry out all the responsibilities of the former provider and its board of directors.

Powers specified by order

56(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)(c); and

(b) any other power that the minister considers necessary to continue the provision of early learning and child care services at the former centre, to ensure the health, safety and well-being of the children who are provided such services, or to terminate the provision of the services in an orderly manner.

Powers limited

56(4)

The powers of the provisional administrator do not include the power of the former provider and its board of directors to ask for a reconsideration of a decision of the provincial director under section 44 or to file an appeal under section 45.

Powers suspended

56(5)

Subject to subsections (4) and (6) and unless the order provides otherwise, on the appointment of a provisional administrator, the former provider's powers and the powers of its board of directors are suspended.

Directors may continue to act

56(6)

If, under the order, the former provider or some or all of its directors continue to have the right to act with respect to any matter, any such act of the licensed provider or directors is subject to any terms or conditions that may be specified in the order.

Directors must assist administrator

57

If a provisional administrator is appointed under subsection 56(1), the former provider, the former provider's officers and employees, and 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 former provider; 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.

58(1)

The costs and expenses incurred in providing early learning and child care services previously provided by the former provider, including remuneration for the provisional administrator and staff employed by the provisional administrator, are to be paid as far as possible from the former provider's funds that pertain to the services it provided.

Expenses may be paid from Consolidated Fund

58(2)

Any expenses of a provisional administration or provisional administrator that cannot be paid from the former provider'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 provider.

Termination of appointment of provisional administrator

59

If, in the opinion of the minister, a provisional administrator is no longer required to provide the early learning and child care services provided by the former provider, the minister may terminate the appointment of the provisional administrator on any terms or conditions that the minister considers advisable.

Conflict

60

This Part prevails to the extent that it conflicts with the provisions of the statute under which the former provider is incorporated, and the former provider's articles of incorporation and by-laws.

PART 9

GENERAL

CHILD CARE QUALIFICATIONS AND TRAINING ADVISORY COUNCIL

Advisory council

61(1)

The Child Care Qualifications and Training Committee is hereby continued as the Child Care Qualifications and Training Advisory Council.

Role of council

61(2)

The role of the advisory council is to

(a) advise and make recommendations to the minister about any matter relating to the qualifications and training of individuals who provide early learning and child care services; and

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

Members appointed by minister

61(3)

The advisory council is to consist of not more than nine persons appointed by the minister.

Persons eligible for appointment

61(4)

To be eligible for appointment as a member of the advisory council, a person must, in the opinion of the minister, have knowledge or experience relevant to the qualifications and training of individuals who provide early learning and child care services.

Term of office

61(5)

A member is to be appointed for a term not exceeding three years.

Limitation on length of service

61(6)

Subject to subsection (7), a member must not serve for more than six consecutive years.

Appointment continues

61(7)

After a member's term expires, the member continues to hold office until they are re-appointed, the appointment is revoked or a successor is appointed.

Chair and vice-chair

61(8)

The minister must designate one member of the advisory council as chair and another as vice-chair, to act if the chair is absent or unable to act.

EVIDENTIARY AND LEGAL MATTERS

Provincial director's certificate

62

A certificate purporting to be signed by the provincial director and stating

(a) that a named person was or was not, on a specified day or during a specified period, the holder of a licence or certificate; or

(b) that a copy of an application, notice, order or other document relating to this Act is a true copy of the document;

is, unless the contrary is shown, admissible in evidence in any action, proceeding or prosecution as proof of the facts stated. Proof of the provincial director's signature is not required.

Service of documents

63(1)

A notice, order or other document under this Act is sufficiently given or served if it is

(a) delivered personally; or

(b) sent by ordinary mail to the intended recipient at that person's last address appearing in the provincial director's records.

Deemed receipt

63(2)

A notice, order or other document sent by ordinary mail is deemed to be given or served five days after the day it was sent.

Liability protection

64

No action or proceeding may be brought against the minister, the provincial director, an inspector, a provisional administrator or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of any power or duty under this Act.

OFFENCES AND PENALTIES

Offences

65(1)

A person who does any of the following is guilty of an offence:

(a) contravenes a provision of this Act;

(b) contravenes a provision of the regulations, the contravention of which is stated in the regulations to be an offence;

(c) fails to comply with an order made under this Act;

(d) gives false information in

(i) an application made under this Act, or

(ii) a report or document required to be submitted to the provincial director under this Act.

Liability of corporate officers and directors

65(2)

If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted.

Time limit for prosecution

65(3)

A prosecution for an offence under this Act must not be commenced later than one year after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of the provincial director. The certificate of the provincial director as to the day on which the evidence came to their knowledge is evidence of that date.

Penalties

66

A person who is guilty of an offence under this Act is liable on conviction,

(a) in the case of an individual, to a fine of not more than $10,000, or imprisonment for a term of not more than six months, or both; and

(b) in the case of a corporation, to a fine of not more than $20,000.

Convicted person still must comply with order

67

A conviction for the offence of failing to comply with an order does not relieve the person convicted from complying with the order, and the convicting justice may, in addition to imposing a fine, order the person to do any work or action to comply with the order in respect of which the person was convicted, within the time specified in the order.

PART 10

REGULATIONS

Regulations

68(1)

The Lieutenant Governor in Council may make regulations

(a) establishing the eligibility requirements for licences;

(b) prescribing the fees payable for licences or the renewal of licences;

(c) governing the conduct, operation and management of licensed providers;

(d) specifying requirements with respect to the provision of early learning and child care services by licensed providers, including requirements related to

(i) parental involvement and access,

(ii) staffing, child to staff ratios and group sizes, and

(iii) standards of health, safety, and nutrition;

(e) prescribing requirements and standards with respect to licensed providers, including requirements related to

(i) the books, records and accounts of the licensed provider, and

(ii) insurance;

(f) prescribing requirements with respect to authorized premises, including requirements related to

(i) premises, including lighting and ventilation,

(ii) play areas, including size, location, equipment and furnishings, and

(iii) the maximum number of children who may be provided services at a premises;

(g) for the purpose of section 13, prescribing the maximum fee that may be charged by a person;

(h) respecting the provision of grants, including

(i) prescribing eligibility criteria to receive a grant, including establishing classes of persons who are not eligible to receive grants,

(ii) providing for the manner of determining the amount of a grant, and

(iii) prescribing the terms and conditions that may be imposed on a grant;

(i) respecting the provision of financial assistance, including

(i) prescribing eligibility criteria to receive financial assistance, including establishing classes of persons who are not eligible to receive financial assistance,

(ii) providing for the manner of determining the amount of financial assistance, and

(iii) prescribing the terms and conditions that may be imposed on financial assistance;

(j) respecting the Child Care Qualifications and Training Advisory Council, including the collection, use and disclosure of personal information and other information and the sharing of information with the minister or the provincial director;

(k) respecting transitional matters relating to the regulation of persons who provide early learning and child care services;

(l) respecting the contravention of a provision in a regulation that constitutes an offence subject to a penalty specified in section 66;

(m) defining any word or expression used but not defined in this Act;

(n) prescribing anything referred to in this Act as being prescribed;

(o) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Scope and application of regulations

68(2)

A regulation made under this Act

(a) may be general or particular in its application; and

(b) may establish classes of licences, certificates, grants and financial assistance and may apply differently to different classes.

PART 11

TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

TRANSITIONAL PROVISIONS

Definition of "former Act"

69

In this Part, "former Act" means The Community Child Care Standards Act as it read immediately before the coming into force of this Act.

Transition — licences and certificates

70(1)

If, on the coming into force of this Act, a person has a valid licence or certificate issued under the former Act, that licence or certificate

(a) is deemed to have been issued under this Act as a licence or a certificate of a class as determined in accordance with the regulations; and

(b) continues to be valid until it expires, unless it is cancelled or suspended beforehand.

Terms and conditions continue

70(2)

A term or condition imposed on a licence under subsection 12(1) of the former Act that was in effect immediately before the coming into force of this Act is deemed to be a term or condition that applies to the applicable licence under this Act.

Transition — pending appeals

71(1)

A person who had a right of appeal to the appeal board under the former Act may appeal to the appeal board in accordance with the former Act as if this Act had not come into force.

Former Act applies

71(2)

An appeal under the former Act that is before the appeal board immediately before the coming into force of this Act must be concluded under the former Act as if this Act had not come into force.

Transition — orders

72

An order given to a person under section 18 of the former Act that was outstanding immediately before the coming into force of this Act is deemed to be an order made under this Act. The person must comply with the order on or before the date specified in the order.

Transition — grants, subsidies and further assistance

73(1)

A person who was receiving a grant or a subsidy or further assistance under the former Act is deemed to be receiving a grant or financial assistance under this Act, and the provisions of this Act apply to the grant or financial assistance.

Terms and conditions continue

73(2)

A term or condition that applied to a grant, to a subsidy or to further assistance under the former Act which was in effect immediately before the coming into force of this Act is deemed to be a term or condition that applies to the applicable grant or financial assistance under this Act.

Act applies to recovery of payments

74

Any grant authorized by the minister, or subsidy or further assistance authorized by the provincial director, under the former Act and paid before the coming into force of this Act is deemed to be a grant or financial assistance paid under this Act for the purpose of section 43 (repayment).

Regulations — transitional matters

75(1)

The Lieutenant Governor in Council may make regulations to remedy any difficulty, inconsistency or impossibility resulting from the transition to this Act of matters relating to early learning and child care services that were dealt with under the former Act.

Application of regulations

75(2)

A regulation under this section may be general or particular in its application.

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. C80 amended

76(1)

The Child and Family Services Act is amended by this section.

76(2)

Section 12 is amended by striking out "place the child in a day care facility licensed under The Community Child Care Standards Act" and substituting "arrange for care and supervision to be provided to the child by a licensed provider under The Early Learning and Child Care Act".

76(3)

Subsection 15(3.5) is amended by striking out "of the placement of a child in day care under section 12" and substituting "of the commencement of care and supervision under section 12".

76(4)

Subsection 22(1) is amended, in the part before clause (a),

(a) by striking out ", hospital or day care facility" and substituting "or hospital, or is receiving care and supervision under section 12,"; and

(b) in the English version, by striking out "does not prevent" and substituting ", does not prevent".

C.C.S.M. c. E125 amended

77(1)

The Environment Act is amended by this section.

77(2)

Section 40.5 of the French version is amended by striking out "garderies" and substituting "centres de garde".

77(3)

Subsection 40.10(1) is amended by replacing the definition "child care centre" with the following:

"child care centre" means premises at which early learning and child care services are provided under The Early Learning and Child Care Act. ("centre de garde")

77(4)

Subsection 40.10(2) of the French version is amended by striking out ""terrains d'écoles, d'hôpitaux ou de garderies"" and substituting ""terrains d'écoles, d'hôpitaux ou de centres de garde"".

C.C.S.M. c. I10 amended

78(1)

The Income Tax Act is amended by this section.

78(2)

The French version of the section heading before subsection 7.20(1) is amended by striking out "GARDERIES" and substituting "CENTRES DE GARDE".

78(3)

Subsection 7.20(1) is amended

(a) in the French version of the definition "approuvé", by striking out everything after "places" and substituting "en centre de garde, signifie approuvé sous le régime du paragraphe (4) en vue de l'obtention du crédit d'impôt pour le développement des centres de garde.";

(b) in the definition "child care centre", by striking out everything after "means" and substituting "a centre as defined in The Early Learning and Child Care Act.";

(c) in the definition "licensed", by striking out everything after "means" and substituting "a space in authorized premises as defined in The Early Learning and Child Care Act.";

(d) in the definition "minister", by striking out "The Community Child Care Standards Act" and substituting "The Early Learning and Child Care Act";

(e) in the French version of the definition "place approuvée", by striking out "de garderie" and substituting "en centre de garde"; and

(f) in the French version of the definition "taux d'utilisation", by striking out "une garderie" and substituting "un centre de garde".

78(4)

Subsection 7.20(2) of the French version is amended by striking out "garderies" wherever it occurs and substituting "centres de garde".

78(5)

Subsection 7.20(3) is amended

(a) in the French version, by striking out "garderie", with necessary grammatical changes, wherever it occurs and substituting "centre de garde", with necessary grammatical changes; and

(b) in subclause (b)(ii), by striking out everything after "preschool age child" and substituting "as defined in The Early Learning and Child Care Act; or".

78(6)

Subsections 7.20(4) and (6) to (9) of the French version are amended by striking out "garderie", with necessary grammatical changes, wherever it occurs and substituting "centre de garde", with necessary grammatical changes.

C.C.S.M. c. M226 amended

79

Clause 22(1)(k) of The Municipal Assessment Act is replaced with the following:

(k) is used primarily as premises at which early learning and child care services are provided by a non-profit licensed provider under The Early Learning and Child Care Act;

C.C.S.M. c. S167 amended

80

Clause (b) of the definition "designated Act" in section 1 of The Social Services Appeal Board Act is replaced with the following:

(b) The Early Learning and Child Care Act,

PART 12

REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE

Repeal

81

The Community Child Care Standards Act, R.S.M. 1987, c. C158, is repealed.

C.C.S.M. reference

82

This Act may be referred to as chapter E1 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

83

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