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The Early Learning and Child Care Act

S.M. 2021, c. 41

Bill 47, 3rd Session, 42nd Legislature

The Early Learning and Child Care Act

Table of Contents

PART 1
INTRODUCTORY PROVISIONS
1 Definitions
(2) Reference to "Act" includes regulations
2 Interpretation — early learning and child care services
(2) Certain providers exempt from Act
3 Purpose
4 Principles
PART 2
PROVIDERS OF EARLY LEARNING AND
CHILD CARE SERVICES
5 General obligation
6 Provider must be licensed
(2) Exemption
7 Provider must ensure employees are certified
8 Early learning program
9 School age learning program
10 Code of conduct
11 Safety plan
12 Requirement to provide information to employees
13 Maximum fee
14 Information to be provided
15 Licence posted
PART 3
ADMINISTRATION
16 Provincial director
(2) Provincial director may delegate
(3) Provincial director retains powers and duties
17 Forms
18 When provincial director may require personal information
(2) Limits on personal information
(3) Duty to adopt security safeguards
PART 4
LICENCES AND CERTIFICATES
LICENCE APPLICATIONS
19 Licence application
(2) Applicant to provide information
20 Inspection of premises
21 More than one licence required
ISSUING LICENCES AND CANCELLING
AND SUSPENDING LICENCES
22 Provincial director may issue licence
(2) Requirements before issue of licence
(3) Duration of licence
23 Terms and conditions of licence
(2) Notice
(3) Provider must comply with terms and conditions
24 Licence not transferable or assignable
25 Refusal to issue licence
(2) Refusal to renew, cancellation or suspension
(3) Notice
CERTIFICATE APPLICATIONS
26 Applying for certificate
(2) Applicant to provide information
ISSUING CERTIFICATES AND
CANCELLING CERTIFICATES
27 Provincial director may issue certificate
(2) Requirements before issue of certificate
28 Terms and conditions of certificate
(2) Notice
(3) Certificate holder must comply with terms and conditions
29 Refusal to issue certificate or cancellation
(2) Notice
VARIATIONS
30 Applying for a variation
(2) Issuing a variation
(3) Form
31 Terms and conditions
(2) Effect of compliance
(3) Other requirements still apply
32 Cancellation
PART 5
GRANTS AND FINANCIAL ASSISTANCE
GRANTS
33 Grants
(2) Application for grants
(3) Information
34 Terms and conditions
(2) Recipient must comply with terms and conditions
35 Notice of decision
36 Termination of grant
FINANCIAL ASSISTANCE
37 Providing financial assistance to eligible parents
(2) Exception
(3) Providing financial assistance, other circumstances
(4) Parent's eligibility
(5) Payment to provider
38 Application for financial assistance
(2) Information
39 Terms and conditions
(2) Recipient must comply with terms and conditions
40 Notice of decision
41 Refusal or termination of financial assistance
(2) Notice
OBLIGATIONS OF RECIPIENTS
42 Financial and other records
(2) Providing records
43 Repayment
(2) Debt due to government
(3) Certificate registered in court
PART 6
RECONSIDERATIONS AND APPEALS
44 Request for reconsideration
(2) Time limit for requesting reconsideration
(3) Form and content
(4) Suspending the application of the decision
(5) No hearing required
(6) Decision on reconsideration
45 Appeal
PART 7
INSPECTIONS AND ORDERS
46 Appointment of inspectors
(2) Designation of inspectors
(3) Provincial director has inspection powers
(4) Identification
47 Powers of inspectors
(2) Assistance
(3) Authority to enter private dwelling
(4) Warrant to enter and inspect private dwelling
(5) Application without notice
48 Assistance to be given
(2) Electronic records
(3) Inspector may make copies
(4) Admissibility of copies
49 Obstruction prohibited
ORDERS
50 Order to remedy contravention
(2) Requirements of order
(3) Oral order
(4) Duty to comply
51 Request for review by provincial director
(2) Time limit for requesting review
(3) No hearing required
(4) Provincial director may suspend application of order
(5) Decision of the provincial director
(6) Notice of decision
52 Appeal
53 Order for compliance
(2) Conditions on order
PART 8
PROVISIONAL ADMINISTRATOR
54 Application
55 Definitions
56 Minister to appoint provisional administrator
(2) Powers of the provisional administrator
(3) Powers specified by order
(4) Powers limited
(5) Powers suspended
(6) Directors may continue to act
57 Directors must assist administrator
58 Remuneration of provisional administrator, etc.
(2) Expenses may be paid from Consolidated Fund
59 Termination of appointment of provisional administrator
60 Conflict
PART 9
GENERAL
CHILD CARE QUALIFICATIONS AND
TRAINING ADVISORY COUNCIL
61 Advisory council
(2) Role of council
(3) Members appointed by minister
(4) Persons eligible for appointment
(5) Term of office
(6) Limitation on length of service
(7) Appointment continues
(8) Chair and vice-chair
EVIDENTIARY AND LEGAL MATTERS
62 Provincial director's certificate
63 Service of documents
(2) Deemed receipt
64 Liability protection
OFFENCES AND PENALTIES
65 Offences
(2) Liability of corporate officers and directors
(3) Time limit for prosecution
66 Penalties
67 Convicted person still must comply with order
PART 10
REGULATIONS
68 Regulations
(2) Scope and application of regulations
PART 11
TRANSITIONAL PROVISIONS AND
CONSEQUENTIAL AMENDMENTS
TRANSITIONAL PROVISIONS
69 Definition of "former Act"
70 Transition — licences and certificates
(2) Terms and conditions continue
71 Transition — pending appeals
(2) Former Act applies
72 Transition — orders
73 Transition — grants, subsidies and further assistance
(2) Terms and conditions continue
74 Act applies to recovery of payments
75 Regulations — transitional matters
(2) Application of regulations
CONSEQUENTIAL AMENDMENTS
76 C.C.S.M. c. C80 amended
77 C.C.S.M. c. E125 amended
78 C.C.S.M. c. I10 amended
79 C.C.S.M. c. M226 amended
80 C.C.S.M. c. S167 amended
PART 12
REPEAL, C.C.S.M. REFERENCE AND
COMING INTO FORCE
81 Repeal
82 C.C.S.M. reference
83 Coming into force