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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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81 | Repeal | |
82 | C.C.S.M. reference | |
83 | Coming into force |