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The Community Child Day Care Standards Act
This is an unofficial archived version of The Community Child Day Care Standards Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. C158

The Community Child Day Care Standards 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 Advisory Committee for which provision is made in The Social Services Administration Act; ("Comité 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 handicapped person not over 18 years of age; ("enfant")

"day care" means, subject to section 2, the care and supervision of a child but does not include parental care; ("garde de jour" )

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

"day care home" means premises in which day 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 day care: ("garderie familiale")

"director" means the Director of Child Day Care Services designated under this Act; ("directeur")

"facility" means a day care centre or a day care home; ("établissement")

"licence" means a licence issued under this Act to provide or offer day care in a facility and includes an interim licence issued under section 16 and a provisional licence issued under section 17; ("licence")

"licensee" means a person who holds a valid and subsisting 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" )

"private home day care" means day care provided or offered, either alone or in combination with parental care, at any time in the home of the person providing or offering the day care to not more than four children, including the children of the person providing the day care and children of other persons, and of whom not more than two are less than two years of age; ("garde de jour en famille")

"review committee" means the Day Care Staff Qualifications Review Committee established under this Act. ("Comité de contrôle")

Exemptions.

2(1)

This Act does not apply to care and supervision of children la) where the persons providing the care and supervision provide the care and supervision only to their own children, grandchildren, brothers, sisters, nieces, nephews and cousins;

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

(c) provided by public schools as that expression is defined in The Public Schools Act and such other schools as are exempted by regulation under this Act;

(d) provided by hospitals to patients in the hospitals;

(e) provided by religious congregations for the purpose of providing religious training to children while or on the same day on which religious services are conducted for members of the congregation;

(f) provided by the Director of Child and Family Services or an agency under The Child and Family Services Act.

Regulation may exempt.

2(2)

The Lieutenant Governor in Council may, by regulation, exempt any person or class of persons, in whole or in part, from the provisions of this Act.

Responsibility to provide proper environment.

3(1)

Every person providing day care shall at all times provide an environment that is conducive to the health, safety and well-being of the children.

Responsibility for program activities.

3(2)

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

Access by parents.

4

Every person providing day 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 day care.

Designation of director.

5(1)

The minister shall appoint a person from within the department through which this Act is administered as Director of Child Day Care Services.

Director may delegate.

5(2)

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

Investigation by director.

6(1)

The director may at all reasonable times and upon producing proper identification enter any licensed facility or any premises that the director on reasonable and probable grounds believes is being used as a day care centre or a day 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 director on reasonable an 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 director any condition or circumstance relating to the health, safety or well-being of the children, the director may apply ex parte to a judge of the Court of Queen's Bench or a justice for an order authorizing the 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.

Director to act within seven days.

6(3)

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

Order granting director right to enter.

6(4)

Where the 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 director, may grant an order authorizing the 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 director and to allow the 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 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.

Licence required.

7(1)

No person shall provide or offer day care unless that person holds a valid and subsisting licence to do so.

Licensing of private home day care.

7(2)

A person who provides private home day care may apply for a licence to do so and the director may, on application, issue a licence to provide private home day care to the person providing it, but no licence is required under this Act by the person providing private home day care.

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.

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 shall be made in writing to the director.

Issue of licence.

10(1)

Where the director is satisfied that an applicant for a licence and the facility in respect of which the application is made meet all the requirements and standards prescribed in the regulations in respect of the licence applied for, he may issue the licence to the applicant.

Term of licence.

10(2)

Each licence shall be issued for a term not exceeding one year.

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 such other terms and conditions as may be imposed by the director on issuing the licence.

Notice of conditions.

12(2)

Where the director imposes any terms and conditions on a licence, he shall forthwith give the licensee notice of the terms and conditions in writing sent by registered mail to the address of the licensee indicated in the application for the licence.

Notice of changes.

13(1)

A licensee shall promptly notify the director of

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

(b) any material change in the manner of providing day care provided or offered in the facility described in the licence: or

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

Licensee to report.

13(2)

Every licensee shall promptly supply the director with all information and particulars regarding the licensed operation as may be requested by the director.

Licence, etc. posted.

14

Every licensee 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.

Validity of prior licences.

15

Where, on the coming into force of this Act, a person providing or offering day care has

(a) a valid and subsisting licence issued under The Social Services Administration Act or the regulations made thereunder to provide day care to children; or

(b) a valid and subsisting licence other than a licence issued solely for the purpose of collecting a licence fee in lieu of business tax, issued by a municipality to provide or offer day care to children;

that person is not required to obtain a licence under this Act until the expiry of the term of the licence issued under that Act or those regulations or by the municipality, as the case may be.

Interim licence.

16

Where

(a) a licence in respect of a facility expires and the director refuses to issue a new licence in respect of the same facility; or

(b) a licence issued in respect of a facility has been suspended or revoked;

and the licensee has appealed the refusal to issue the new licence or the suspension or revocation of the licence, as the case may be, the director shall unless in the opinion of the director the continued operation of the facility would be hazardous to the health, safety or well-being of any child provided day care therein issue an interim licence in respect of the facility for a term expiring on the earlier of

(c) the date the appeal board finally disposes of the appeal; or

(d) three months after the date of the expiry of the earlier licence or the date on which the earlier licence was suspended or revoked, as the case may be.

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 director, a facility would not be hazardous to the health, safety or wellbeing of any child provided day care therein and time is required to bring the facility into compliance with the requirements and standards prescribed in the regulations;

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

Orders respecting requirements.

18

Where the 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) the director 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 day care in the facility;

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

Refusal, suspension and revocation of licence.

19(1)

Where the director

(a) is satisfied that a licensee 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 wellbeing of children receiving day care in the facility; or

(d) is satisfied that a licensee 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 director to be submitted by the licensee; or;

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

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

Refusal to issue licence.

19(2)

Where the 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 day care:

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

Notice of refusal to issue licence.

19(3)

Where the director refuses to issue a licence to an applicant therefor, he shall forthwith give the applicant notice of the refusal in writing sent by registered mail to the address of the applicant indicated in the application for the licence.

Notice of suspension, etc.

19(4)

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

Appeal of refusal to issue licence.

20(1)

Where the director refuses to issue a licence to an applicant, the applicant may appeal the decision of the director.

Appeal of suspension or revocation of licence.

20(2)

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

Appeal of terms and conditions on licence.

20(3)

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

Appeal of order under sec. 18.

20(4)

Where the director makes an order under section 18, the licensee 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 director, or a person authorized by the director for the purpose of subsection 32(1), refuses to grant a subsidy to an applicant therefor or determines the amount of subsidy to be paid to an applicant therefor, the applicant may appeal the decision in respect of the subsidy.

Method of appeal.

20(6)

Any appeal under this section may be made by the appellant by filing a written notice of appeal with the appeal board within 15 days of receiving notice of the decision, suspension, revocation, imposition of the terms and conditions, or order appealed, as the case may be.

Procedure on appeal.

21

Where a notice of appeal under this Act is filed with the appeal board, the secretary of the appeal board shall arrange a date, not more than 15 days after the receipt of the notice of appeal, and a time and place for hearing the appeal, and shall give at least three days notice of the date, time and place fixed for the hearing to the appellant and the director.

Director to forward documents, etc.

22

Upon being informed that an appeal has been taken under this Act, the director shall forthwith provide the appeal board with

(a) all the evidence of a documentary nature on which the director made the decision appealed; and

(b) all other records, reports and documents which the director thinks are relevant in determining the appeal.

Director party to appeal.

23(1)

The director is a party to every appeal taken under this Act and may appear or be represented and adduce evidence and make submissions on any appeal taken under this Act.

Notice of right to appeal.

23(2)

Where the director makes an order or decision which is appealable under this Act, the order or notice of the decision shall set out, as a separate statement, that the order or decision may be appealed in accordance with this Act.

Hearing of appeal.

24

On the date, and at the time and place, stated in the notice, the appeal board shall sit and hear all evidence adduced by or on behalf of the appellant and the parties to the appeal may appear on their own behalf or be represented by another person on their behalf.

Hearings in camera.

25

Where the appellant so requests in writing, hearings on an appeal shall be held in camera, but otherwise they may be open to the public.

Action of appeal board.

26

On an appeal under this Act, the appeal board may, by written order,

(a) dismiss the appeal: or

(b) quash the decision or order appealed; or

(c) vary the decision or order appealed; or

(d) make any decision or order which could have been made in the first instance.

Appointment of provisional administrator.

27(1)

Where

(a) the licence in respect of a day care centre expires and a new licence in respect of the day care centre has not been issued; or

(b) the director has suspended or revoked the licence issued in respect of a day care centre;

the minister may, by written order, appoint a provisional administrator of the day care centre to carry on the operation of the day care centre.

Powers of provisional administrator.

27(2)

Upon the appointment of a provisional administrator under subsection (1), the rights of the licensee or its board of directors with respect to the operation of the day care centre, other than the right to appeal under section 20, are suspended and the provisional administrator has all the powers, duties, privileges and authority of the former licensee of the day care centre, or the board of directors thereof, for the purpose of carrying on the operation of the day care centre and

(a) may enter, and authorize others to enter the day care centre for the purpose of carrying on its operations;

(b) may name persons to assist in the operation of the day care centre; and

(c) shall have the use of all the moneys, books and records of the former licensee of the day care centre which pertain to its operation.

Appeal unsuccessful.

27(3)

Where the licensee does not appeal or the appeal is dismissed, the rights of the licensee or its board of directors with respect to the operation of the day care centre are terminated and the provisional administrator is deemed to have all those rights and shall

(a) take such measures, including arranging for the election of a new board of directors, as are necessary to continue the operation of the day care centre; or

(b) where a continuation under clause (a) would not be in the best interests of the children, make alternative arrangements to provide day care for them and terminate in an orderly manner the operation of the day care centre.

Funds, books, etc. turned over to provisional administrator.

27(4)

Where a provisional administrator is appointed under subsection (1), the former licensee of the day care centre and its officers and employees, shall forthwith deliver to the provisional administrator all moneys, books and records of the former licensee of the day care centre which pertained to the operation of the day care centre.

Remuneration of provisional administrator, etc.

27(5)

Where a provisional administrator is appointed under subsection (1) in respect of a day care centre, the costs and expenses incurred in carrying on the operation of the day 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 day care centre, shall, as far as possible, be paid from the funds of the former licensee of the day care centre pertaining to the operation of the day care centre and, where the provisional administrator or any of the staff employed by him to carry on the operation of the day care centre are paid from the Consolidated Fund, the government may recover the amount of salary or wages paid to them from the former licensee of the day care centre in a court of competent jurisdiction.

Day Care Staff Qualifications Review Committee.

28(1)

There shall be a Day Care Staff Qualifications Review Committee comprised of nine persons, who shall as far as possible and practical be representative of persons employed in day care centres, parents of children receiving day care in day care centres, members of the faculty of community colleges and universities who teach courses which are credits for the qualifications for staff of facilities, and the community at large, appointed by the Lieutenant Governor in Council for such term of office as the Lieutenant Governor in Council may fix.

Presiding member.

28(2)

The Lieutenant Governor in Council shall designate one member of the review committee to be the presiding member thereof.

Alternative member to preside.

28(3)

When the presiding member of the review committee is absent or unable to preside at a meeting of the review committee the other members may elect one of the members present to preside at the meeting.

Quorum.

28(4)

Three members of the review committee constitute a quorum for conducting the business of the review committee and meetings thereof.

Duties and functions of review committee.

29

The review committee shall

(a) advise the minister on requirements for and qualifications of staff for facilities and the training thereof; and

(b) perform such other related duties and functions as are prescribed under this Act or the regulations or as may be required by the minister.

Qualifications of staff of facilities.

30(1)

No licensee operating a facility under a licence shall employ a person to be responsible in any way for the provision of day care in the facility unless the person meets the qualifications for staff of facilities prescribed in the regulations or has a certificate issued under subsection (5) authorizing employment in the facility or in facilities of the class of the facility.

Director to determine qualifications.

30(2)

On application, the director shall determine whether a person meets the qualifications prescribed by regulation for staff of facilities or has training and experience equivalent to those qualifications.

Right to appeal.

30(3)

An applicant who does not agree with the director's determination under subsection (2) may within 90 days of receiving notice of the determination appeal in writing to the review committee.

Provisions of secs. 21 to 26 apply to review.

30(4)

The provisions of sections 21 to 26 apply to the appeal to the review committee under subsection (3) as if the review committee were the appeal board named therein except that the committee shall fix a date within 30 days for hearing the appeal and the decision of the review committee whether the person meets the prescribed qualifications or has equivalent experience is, subject to subsection (5), binding and not subject to further appeal.

Ministerial certificate.

30(5)

If the minister is of the opinion that special circumstances exist, he may issue a certificate certifying that a person who does not meet the qualifications prescribed in the regulations for staff of facilities may be employed on the staff of a facility and he may limit the certificate to apply to employment in a facility or class of facilities specified in the certifcate.

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 day care centres; and

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

Limitation on grants to day 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 day care centre unless

(a) the articles of incorporation, charter or bylaws 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 day care in the day care centre, the staff of the day 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 day care in the day care centre, the staff of the day care centre and the community at large, to advise and assist the board of directors in the operation of the day 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 keep books and records of account and to submit financial statements and balance sheets certified by a qualified auditor respecting any period of operation which he may specify and such other records as the minister may specify.

Audit by Provincial Auditor.

31(4)

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

Authority for subsidies.

32(1)

The director, or a person authorized by the director for the purpose, may, in accordance with and subject to the regulations, authorize the payment of subsidies to or on behalf of parents or guardians of children requiring day care facilities.

Applications for subsidies.

32(2)

Applications for subsidies shall be made in writing to the 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 director, or a person authorized by the director under subsection (1), shall give notice in writing to every person who applies for a subsidy of whether the subsidy is granted and if it is granted of the amount thereof and the period during which it will be paid.

Further assistance.

33

Where, in the opinion of the director,

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

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

the 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 day care over the amount of subsidy payable to the person.

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 day care centres and day care homes and the qualifications for the licensing thereof;

(b) respecting the qualifications for the licensing of private home day care;

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

(d) prescribing the fees payable for licences;

(e) respecting qualifications for licensees and requirements and standards of facilities operated by licensees and the furnishings and equipment thereof:

(f) prescribing the elements of programs of activities required to be provided by licensees in facilities:

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

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

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

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

(k) respecting the payment of grants to persons providing day 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 day 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 licensees of various classes for day care provided;

(n) prescribing duties and functions for the review committee;

(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) exempting in whole or in part any school from the provisions of this Act.

Retroactive regulations.

35

Notwithstanding The Regulations Act 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.

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 $1,000. 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 director or a person duly authorized by the 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.

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 day care.