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The Community Child Care Standards Act
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This version is current as of September 14, 2021.
It has been in effect since January  1, 2021.

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C.C.S.M. c. C158

The Community Child Care Standards Act

Order affecting the operation of this Act:

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

Definitions

1

In this Act

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

"child" means a person aged 12 years or under and includes in cases where grants or subsidies are paid

(a) a person over the age of 12 years but under 13 years, and

(b) a person with a disability not over 18 years of age; (« enfant »)

"child care" means, subject to section 2, the care and supervision of a child but does not include parental care; (« garde d'enfants »)

"child care centre" means premises, other than a child care home, where child care either alone or in combination with parental care is provided or offered at any time; (« garderie »)

"child care home" means premises in which child 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 child care; (« garderie familiale »)

"committee" means the Child Care Qualifications and Training Committee established in section 28; (« Comité »)

"facility" means a child care centre or a child care home; (« établissement »)

"licence" means a licence issued under this Act to provide or offer child care in a facility and includes a provisional licence issued under section 17; (« licence »)

"licence holder" means a person who holds a valid licence; (« titulaire de licence »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"parental care" means the care and supervision of a child in the child's own home whether or not the care and supervision is provided by the child's parents; (« garde parentale »)

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

"provincial director" means the Director of Child Care appointed under subsection 5(1). (« directeur provincial »)

S.M. 2001, c. 9, s. 30; S.M 2004, c. 42, s. 17; S.M. 2017, c. 10, s. 2; S.M. 2018, c. 7, s. 2.

When Act does not apply

2

This Act does not apply to the care and supervision of a child that

(a) is provided by the child's parent or guardian, grandparent, brother, sister, uncle, aunt or cousin;

(b) is provided under casual and irregular babysitting arrangements in the child's home or in the home of the person providing the care and supervision; or

(c) is exempted by the regulations.

S.M. 2018, c. 7, s. 3.

Responsibility to provide proper environment

3(1)

Every person providing child care shall at all times provide an environment that promotes the health, safety and well-being of the children.

Responsibility for program activities

3(2)

Every person providing child care in a facility to children shall provide a program of activities to promote the overall development of the children including physical, social, emotional and intellectual development of the children.

Requirement for parental involvement

3(3)

Every person providing child care in a child care centre shall provide for parental involvement in the operation or management of the child care centre to the extent required in the regulation.

S.M. 1993, c. 48, s. 6; S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 4.

Access by parents

4

Every person providing child care to children in a facility shall permit any parent of a child who is entitled to access to the child to have access to the child at any time the child is receiving child care.

S.M. 2004, c. 42, s. 17.

Appointment of provincial director

5(1)

A Director of Child Care must be appointed under The Civil Service Act.

Provincial director may delegate

5(2)

The provincial director may, in writing, authorize a person to perform any of the provincial director's duties or to exercise any of the provincial director's powers under this Act.

S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 5.

Investigation by provincial director

6(1)

The provincial director may at all reasonable times and upon producing proper identification enter any licensed facility or any premises that the provincial director on reasonable and probable grounds believes is being used as a child care centre or a child 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 to enter facility

6(2)

Where the provincial director on reasonable and 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 provincial director any condition or circumstance relating to the health, safety or well-being of the children, the provincial director may apply ex parte to a judge of the Court of Queen's Bench or a justice for an order authorizing the provincial 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.

Provincial director to act within seven days

6(3)

The provincial director shall act on any order granted pursuant to subsection (2) within seven days of its effective date.

Order granting provincial director right to enter

6(4)

Where the provincial 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 provincial director, may grant an order authorizing the provincial 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 provincial director and to allow the provincial director to make copies of the books of account and other records related to the facility or premises.

Injunction

6(5)

The Court of Queen's Bench on application by the provincial 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.

S.M. 1988-89, c. 11, s. 3; S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 24.

Licence required

7(1)

Subject to subsection (2), no person shall provide or offer child care unless that person holds a valid licence to do so.

When licence not required

7(2)

A person does not require a licence to provide child care in the person's home if

(a) the person provides care and supervision in the person's home to no more than four children, including care and supervision of a child to which this Act does not apply; and

(b) no more than two of the children to whom the person provides care and supervision in the person's home are less than two years of age.

Classes of licences

7(3)

The Lieutenant Governor in Council may by regulation establish classes of licences and the conditions necessary to obtain the various classes of licences.

S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 6.

No other licences required

8

Notwithstanding any other Act of the Legislature, a person who obtains a licence under this Act is not required to obtain any other operating permit or licence from any municipality or local government district other than a business licence issued solely for the purpose of collecting a licence fee in lieu of business tax.

Applications for licence

9

All applications for licences and licence renewals must be made in writing to the provincial director.

S.M. 2018, c. 7, s. 7.

Issue and renewal of licence

10(1)

The provincial director may issue or renew a licence if they are satisfied that the applicant and the applicable facility meet the requirements and standards set out in the regulations.

Term of licence

10(2)

Each licence may be

(a) issued for a term not exceeding one year; and

(b) renewed for a term not exceeding three years for each renewal.

S.M. 2018, c. 7, s. 8.

Licences not transferable

11

A licence is not transferable by the person named in the licence to any other person.

Conditions of licence

12(1)

Each licence is subject to the conditions prescribed in the regulations in respect of that class of licence and to any other terms and conditions imposed by the provincial director on issuing or renewing the licence.

Notice of conditions

12(2)

Where terms and conditions are imposed on a licence, the provincial director must promptly give the licence holder notice of the terms and conditions in writing sent by mail or e-mail to the address of the licence holder indicated in the application for the licence.

S.M. 2017, c. 26, s. 6; S.M. 2018, c. 7, s. 9.

Notice of changes

13(1)

A licence holder must promptly notify the provincial director of

(a) any material change in the facility described in the licence;

(b) any material change in the manner of providing child care at the facility described in the licence; or

(c) any change in the staff of the facility.

Licence holder to report

13(2)

A licence holder must promptly supply all the information and particulars regarding the licensed operation requested by the provincial director.

S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 10.

Licence, etc. posted

14

Every licence holder 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 12; and

(c) any order issued under section 18.

S.M. 2018, c. 7, s. 24.

15

[Repealed]

S.M. 2004, c. 42, s. 17.

Codes of conduct and safety plans

15.1

In accordance with the regulations, every licence holder must

(a) establish for the facility a code of conduct and a safety plan, which are subject to approval by the provincial director;

(b) review the code of conduct and safety plan at least annually; and

(c) ensure that each facility staff member is instructed about the code of conduct and safety plan when first employed and annually after that.

S.M. 2008, c. 18, s. 2; S.M. 2018, c. 7, s. 12.

15.2 and 15.3    [Repealed]

S.M. 2008, c. 18, s. 2; S.M. 2018, c. 7, s. 13.

16

[Repealed]

S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 13.

Provisional licence

17

Notwithstanding any other provision of this Act or the regulations, where

(a) a facility in respect of which an application for a licence has been made does not meet all the requirements and standards prescribed in the regulations; but

(b) in the opinion of the provincial director, a facility would not be hazardous to the health, safety or well-being of any child provided child care therein and time is required to bring the facility into compliance with the requirements and standards prescribed in the regulations;

the provincial director may issue a provisional licence in respect of the facility for such period, as the provincial director feels will be necessary to permit the applicant to bring the facility into compliance with the requirements and standards prescribed in the regulations.

S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 24.

Orders respecting requirements

18

Where the provincial director

(a) is satisfied that any facility described in a licence is not being operated and maintained in compliance with the requirements or standards prescribed in the regulations for that type of facility; or

(b) believes that a facility described in a licence is being operated and maintained in a manner that is hazardous to the health, safety or well-being of children receiving child care in the facility; or

(c) is of the opinion that significant financial, operational or governance-related problems exist with respect to the facility;

the provincial director may, by written order, require the person operating the facility to take the measures specified in the order and to remedy the non-compliance, remove the hazard or deal with the problems, as the case may be, within the time limits specified in the order, and must serve a copy of the order on the person operating the facility.

S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 14 and 24.

Suspension and revocation of licence

19(1)

Where the provincial director

(a) is satisfied that a licence holder has contravened or failed to comply with any provision of this Act or the regulations or any condition of the licence; or

(b) is satisfied that any facility described in a licence is not being operated and maintained in compliance with the requirements or standards prescribed in the regulations for that type of facility; or

(c) believes that a facility described in a licence is being operated and maintained in a manner that is hazardous to the health, safety or well-being of children receiving child care in the facility; or

(c.1) is of the opinion that significant financial, operational or governance-related problems exist with respect to the facility; or

(d) is satisfied that a licence holder 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 provincial director to be submitted by the licence holder; or

(e) is satisfied that a licence holder has failed to comply with an order made under section 18;

the provincial director may, by written order, suspend or revoke the licence issued in respect of the facility.

Refusal to issue licence

19(2)

Where the provincial 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 child care;

the provincial director may refuse to issue a licence to the applicant.

Refusal to renew licence

19(2.1)

The provincial director may refuse to renew a licence issued for a facility for any reason for which the provincial director may suspend or revoke the licence under subsection (1) or refuse to issue a licence under subsection (2).

Notice of refusal to issue or renew licence

19(3)

Where the provincial director refuses to issue or renew a licence, the provincial director must promptly give the applicant notice of the refusal in writing sent by mail or e-mail to the address of the applicant indicated in the licence or renewal application.

Notice of suspension, etc.

19(4)

Where the provincial director suspends or revokes a licence, a copy of the order suspending or revoking the licence shall be served on the licence holder.

S.M. 2004, c. 42, s. 17; S.M. 2017, c. 26, s. 6; S.M. 2018, c. 7, s. 15 and 24.

Appeal of refusal to issue or renew licence

20(1)

Where the provincial director refuses to issue or renew a licence, the applicant may appeal the decision.

Appeal of suspension or revocation of licence

20(2)

Where the provincial director suspends or revokes a licence, the licence holder may appeal the suspension or revocation of the licence.

Appeal of terms and conditions on licence

20(3)

Where the provincial director imposes terms and conditions on a licence, the licence holder may appeal the imposition of the terms and conditions on the licence.

Appeal of order under section 18

20(4)

Where the provincial director makes an order under section 18, the licence holder to whom the order is directed may appeal the making of the order, or any specific provision thereof.

Appeal of subsidy decision

20(5)

Where the provincial director refuses to grant a subsidy to an applicant or determines the amount of subsidy to be paid to an applicant, the applicant may appeal the decision.

Notice of right to appeal

20(5.1)

When an order or decision that may be appealed is made, the person affected must be advised of the person's right to appeal to the appeal board.

Method of appeal

20(6)

Any appeal under this section may be made by filing a written notice of appeal with the appeal board.

Procedure on appeal

20(7)

The provisions of The Social Services Appeal Board Act apply with respect to an appeal under this section to the appeal board.

S.M. 2001, c. 9, s. 30; S.M. 2018, c. 7, s. 16 and 24.

21 to 26

[Repealed]

S.M. 2001, c. 9, s. 30.

Minister to appoint provisional administrator

27(1)

If the licence for a child care centre is suspended or revoked or has expired without being renewed, the minister may, by written order, appoint a provisional administrator to take control of, operate and manage the centre.

Powers of the provisional administrator

27(2)

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

(a) has the exclusive right to exercise all the powers of the former licence holder and, if it is a corporation, its board of directors, including, without limitation,

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

(ii) to name persons to assist in the centre'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 licence holder that pertain to the centre's operation,

(v) to use, and authorize others to use, any personal property owned or used by the former licence holder in connection with the centre's operation, and

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

(b) must carry out all the responsibilities of the former licence holder and, if it is a corporation, its board of directors.

Powers specified by order

27(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)(a); and

(b) any other power that the minister considers necessary to continue the centre's operation, to ensure the health and safety of the children who are provided child care at the centre, or to terminate the operation of the centre in an orderly manner.

Powers limited

27(4)

The powers of the provisional administrator do not include the power of the former licence holder and, if it is a corporation, its board of directors to appeal a decision of the provincial director under section 20.

Powers suspended

27(5)

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

Directors may continue to act

27(6)

If, pursuant to the order, the former licence holder or some or all of the directors of its board continue to have the right to act with respect to any matter, any such act of the licence holder or directors is subject to any terms and conditions that may be specified in the order.

Directors must assist administrator

27(7)

If a provisional administrator is appointed under subsection (1), the former licence holder, the former licence holder's officers and employees, and, if it is a corporation, 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 centre; 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.

27(8)

The costs and expenses incurred in carrying on the operation of the child care centre, including remuneration for the provisional administrator and staff employed by the provisional administrator for the purpose of carrying on the operation of the child care centre, are to be paid as far as possible from the former licence holder's funds that pertain to the centre's operation.

Expenses may be paid from Consolidated Fund

27(9)

Any expenses of a provisional administration or provisional administrator that cannot be paid from the former licence holder'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 licence holder of the child care centre.

Termination of appointment of provisional administrator

27(10)

If, in the opinion of the minister, a provisional administrator is no longer required for a child care centre, the minister may terminate the appointment of the provisional administrator on the terms and conditions that the minister considers advisable.

Corporations Act, by-laws and articles not applicable

27(11)

This section applies despite The Corporations Act or the articles of incorporation or by-laws of a former licence holder.

S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 17.

Committee established

28(1)

The Child Care Qualifications and Training Committee is hereby established.

Members appointed by minister

28(2)

The committee consists of no more than nine persons appointed by the minister.

Persons eligible for appointment

28(3)

To be eligible for appointment as a member of the committee, a person must, in the opinion of the minister, have knowledge or experience relevant to the qualifications and training of persons who provide licensed child care.

Term

28(4)

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

Limitation on length of service

28(5)

No member may serve for more than six consecutive years.

Appointment continues

28(6)

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

28(7)

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

S.M. 2004, c. 42, s. 17; S.M. 2017, c. 10, s. 3; S.M. 2018, c. 7, s. 18.

Role of committee

29

The committee has the following responsibilities:

(a) at the minister's or the provincial director's request, to advise and make recommendations about any matter relating to the qualifications and training of staff for facilities;

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

S.M. 2017, c. 10, s. 3; S.M. 2018, c. 7, s. 24.

Qualifications of staff of child care centres

30(1)

No licence holder operating a child care centre shall employ a person to be responsible in any way for the provision of child care in the child care centre unless the person has a certificate issued under subsection (3) or section 30.0.1 authorizing employment in the child care centre or has made application for such a certificate.

Application to provincial director

30(2)

Every person employed in any way involving responsibility for the provision of child care in a child care centre shall apply to the provincial director for a certificate authorizing employment in the child care centre.

Issue of certificate

30(3)

Where the provincial director is satisfied that an applicant meets the qualifications prescribed by regulation for staff of child care centres or has training and experience equivalent to those qualifications, the provincial director shall issue to the applicant a certificate in the appropriate category.

Appeal

30(4)

An applicant who is dissatisfied with a decision under subsection (3) may appeal the decision by filing a written notice of appeal with the appeal board.

Notice of right to appeal

30(4.1)

An applicant must be advised of their right to appeal a decision under subsection (3) to the appeal board.

Procedure on appeal

30(5)

The provisions of The Social Services Appeal Board Act apply with respect to an appeal under subsection (4) to the appeal board.

30(6)

Renumbered as section 30.0.1.

R.S.M. 1987 Supp., c. 6, s. 1; S.M. 2001, c. 9, s. 30; S.M. 2004, c. 42, s. 17; S.M. 2017, c. 10, s. 4; S.M. 2018, c. 7, s. 19 and 24.

Ministerial certificate

30.0.1

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 child care centres to be employed on the staff of a child care centre and the minister may limit the certificate to apply to employment in a child care centre specified in the certificate.

S.M. 2017, c. 10, s. 4.

Refusal to issue

30.1(1)

Where the provincial director has reasonable and probable grounds to believe that the employment in a child care centre of a person who has made an application under subsection 30(2) may be hazardous to the health, safety or well-being of children, the provincial director shall refuse to issue a certificate and shall forthwith notify the person.

Cancellation or suspension of certificate

30.1(2)

Where a certificate has been issued and the provincial director

(a) is satisfied that the person named in the certificate made a false statement in the application for the certificate under subsection 30(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 provincial director may cancel or suspend the certificate and the provincial 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.

Cease employment

30.1(3)

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 child care centre, the provincial director shall forthwith notify the child care centre of the refusal, cancellation or suspension and the child care centre shall thereupon cease to employ that person.

Appeal

30.1(4)

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.

Burden of proof

30.1(5)

At the hearing of the appeal, the provincial 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.

Effect of appeal

30.1(6)

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 child care centre.

R.S.M. 1987 Supp., c. 6, s. 1; S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 24.

Grants

31(1)

The minister, in accordance with and subject to the regulations, may authorize grants to be paid

(a) to non profit corporations and cooperatives which operate licensed child care centres; and

(b) to persons who operate licensed group child care homes or licensed family child care homes.

Limitation on grants to child care centre

31(2)

The minister shall not authorize a grant to be paid under clause (1)(a) to a corporation or cooperative which operates a licensed child care centre unless

(a) the articles of incorporation, charter or by-laws of the corporation or cooperative provide for representation on the board of directors, to the extent required in the regulations, from parents of children receiving child care in the child care centre, the staff of the child care centre and the community at large; and

(b) where there is no such provision, the articles of incorporation, charter or by-laws provide for an advisory board composed, to the extent required in the regulations, of representatives from parents of children receiving child care in the child care centre, the staff of the child care centre and the community at large, to advise and assist the board of directors in the operation of the child care centre.

Keeping of books and records

31(3)

The minister may require any person applying for or receiving a grant or subsidy under this Act to

(a) keep books and records of account;

(b) submit financial statements and balance sheets certified by a qualified auditor respecting any period of operation that the minister may specify; and

(c) keep or submit any other records that the minister may specify.

Audit by Auditor General

31(4)

The minister may request the Auditor General to examine and certify the accuracy of the financial records and accounts of any licence holder operating a facility and to facilitate the examination the licence holder shall permit the Auditor General, or a member of the Auditor General's staff, to have access to the books, records and accounts relating to the operation of the facility.

S.M. 1993, c. 48, s. 6; S.M. 2001, c. 39, s. 31; S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 20 and 24.

Authority for subsidies

32(1)

The provincial director may, in accordance with the regulations, authorize the payment of subsidies to or on behalf of parents or guardians of children requiring child care provided in a facility.

Applications for subsidies

32(2)

Applications for subsidies shall be made in writing to the provincial director and shall set out or be accompanied by such information as may be required under the regulations to be supplied.

Notice of subsidy decision

32(3)

The provincial director must give written notice to every applicant about whether the subsidy is granted and if so, the subsidy amount and the period during which it will be paid.

S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 21 and 24.

Further assistance

33

Where, in the opinion of the provincial director,

(a) a person to whom or on whose behalf a subsidy is paid for child care of a child is unable to pay the cost of child care for the child over and above the amount of subsidy; and

(b) the child is in need of child care;

the provincial director may, in accordance with and subject to the regulations, authorize the payment of further assistance to or on behalf of the person in an amount not exceeding the excess of the charges for the child care over the amount of subsidy payable to the person.

S.M. 2004, c. 42, s. 17; S.M. 2018, c. 7, s. 24.

Recovery of payments

33.1

If an amount paid under section 32 or 33 to or on behalf of a parent or guardian would not have been paid except for

(a) a false statement or misrepresentation made by the parent or guardian; or

(b) an error;

the amount so paid is a debt due to the government by the parent or guardian and may be recovered as such in a court of competent jurisdiction.

S.M. 2018, c. 7, s. 22.

Regulations

34

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations

(a) establishing classes of child care centres and child care homes and the qualifications for the licensing thereof;

(b) [repealed] S.M. 2018, c. 7, s. 23;

(c) prescribing conditions for licences or various classes of licences;

(d) prescribing the fees payable for licences;

(e) respecting qualifications for licence holders and requirements and standards of facilities operated by licence holders and the furnishings and equipment thereof;

(f) prescribing the elements of programs of activities required to be provided by licence holders in facilities;

(g) prescribing standards of health, safety, nutrition, discipline, staffing and emergency procedures required to be met or provided by licence holders in facilities operated by them;

(g.1) respecting the contents of codes of conduct and safety plans;

(h) prescribing the maximum number of children to which child care may be provided in facilities of various classes or meeting of various requirements or standards;

(i) respecting the qualifications, duties and responsibilities of licence holders and of the staff of facilities operated by licence holders;

(j) prescribing the books, records and accounts to be kept by licence holders in respect of the operation of facilities;

(k) respecting the payment of grants to persons providing child care in facilities and prescribing the manner of determining the amount of grants, the requirements and qualifications for receiving grants and the conditions on which grants are payable;

(l) respecting the payment of subsidies to or on behalf of persons placing their children in facilities for child care and prescribing the manner of determining the amount of subsidies payable, and the requirements and qualifications for receiving subsidies, and respecting payment or subsidies in respect of persons over 12 years of age but under 13 years of age to allow the persons to continue to be placed in facilities for purposes prescribed in the regulations;

(m) prescribing the maximum fees chargeable by licence holders of various classes for child care provided;

(n) respecting the committee, including its collection, use and disclosure of personal information and other information and the sharing of personal information and other information between it and the minister or the provincial director;

(o) prescribing standards for staffing of facilities;

(p) exempting care and supervision of children provided by any person or any class of persons from the application of this Act or the application of any specific provision of this Act;

(q) [repealed] S.M. 2018, c. 7, s. 23;

(r) defining any word or expression used in this Act but not defined.

S.M. 2004, c. 42, s. 17; S.M. 2008, c. 18, s. 3; S.M. 2010, c. 33, s. 5; S.M. 2017, c. 10, s. 5; S.M. 2018, c. 7, s. 23 and 24.

Retroactive regulations

35

A regulation made under this Act respecting grants or subsidies payable under this Act or the requirements or qualifications therefor may be made to be effective retroactively to a date prior to the date on which it is made.

S.M. 2013, c. 39, Sch. A, s. 40.

Offence and penalty

36(1)

Every person who contravenes any provision of this Act or the regulations, or fails to comply with an order made under this Act is guilty of an offence and liable on summary conviction to a fine of not more than $l,000. and, if the offence continues for more than one day, to a further fine of not more than $200. for each day during which the offence continues after the first day on which it occurred.

Offence

36(2)

Every person who resists or wilfully obstructs the provincial director or a person duly authorized by the provincial director under subsection 5(2) or a provisional administrator appointed under subsection 27(1) in the execution of their duties under this Act, commits an offence punishable on summary conviction.

S.M. 2018, c. 7, s. 24.

Agreements

37

With the approval of the Lieutenant Governor in Council, the minister may enter into agreements with the Government of Canada respecting the establishment of facilities or contributions to the cost of operating facilities or providing child care.

S.M. 2004, c. 42, s. 17.

Order affecting the operation of this Act: