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Day Care Regulations

made under Section 15 of the

Day Care Act

R.S.N.S. 1989, c. 120

O.I.C. 2010-456 (December 20, 2010, effective April 1, 2011), N.S. Reg. 193/2010

as amended to O.I.C. 2014-531 (Dec. 22, 2014, effective Feb. 1, 2015), N.S. Reg. 226/2014

and including O.I.C. 2014-531 (December 22, 2014), N.S. Reg. 227/2014

 

 Table of Contents
Text of Regulations


 

 

Citation

Definitions for Act and regulations

Exempted services

Licensing

Form of license

License must be displayed

License proposal

Applying for license

Applying for license renewal

Applying for change to license

No commitment to fund

Cancellation, suspension, refusal to renew

Inspections

Agency’s duties

Agency may approve care provider and family day care home

Maximum number of children for care provider

Agency may cancel approval

Compliance and enforcement standards

Facility must be insured

Program

Behaviour guidance

Building and space requirements

Exemptions from building and space requirements

Equipment requirements

Outdoor play equipment and space requirements for facilities

Outdoor play space requirements for family day care homes

Nutrition

Infant feeding safety

Health, safety and communicable disease control

Administering medicine to child

Child abuse

Notable situations

Serious incidents

File required for each child

Records required for each child

Daily log book requirement

Staff-to-children ratios

Facility must be administered by director

Facility staffing requirements

Staff classification and school-age training approval

Continuing professional development for facility staff

Cancellation of classification or school-age training approval

Qualifications for facility directors and designates

Qualifications for family home consultants

Requirements for care providers

Criminal record, vulnerable sector and child abuse register checks

Parent handbook

Information required to be posted

Notice to parents of significant changes

Parent committee

Parent committee meetings

Minutes of parent committee meetings

Emergency evacuation and fire safety procedures

Transportation

Minister may make payments

Minister may approve demonstration projects

Minister may enter into agreement

Day care fee subsidies

Advisory committees

Form 1: License for Full-day Program, Part-day Program or School-age Program

Form 2: License for Family Home Day Care Program

 



 

Citation

1     These regulations may be cited as the Day Care Regulations.


Definitions for Act and regulations

2     (1)    In these regulations,

 

“Act” means the Day Care Act;

 

“accessible”, in relation to a building or outdoor play space, means able to accommodate persons with disabilities;

 

“agency” means a person licensed to manage a family home day care program;

 

“agency director” means a person who provides daily onsite supervision of an agency;

 

“attending school” means attending a public or private school under the Education Act and does not include attending a pre-primary program under the Pre-primary Education Act;

 

“care provider” means a person who is approved by an agency to provide a family home day care program in the person’s home;

 

“Department” means the department presided over by the Minister;

 

“facility director” means a person who provides daily onsite supervision of a facility;

 

“family day care home” means a home in which a family home day care program is provided;

 

“family home consultant” means a person hired by an agency to provide services and support to care providers;

 

“family home day care program” means a day care program that is provided by a care provider in the care provider’s home;

 

“former regulations” means either of the following, as applicable:

 

                         (i)     the regulations respecting day care, N.S. Reg. 195/79, made by the Governor in Council by Order in Council 79-1556 dated November 27, 1979,

 

                         (ii)    the Family Home Day Care Program Regulations, N.S. Reg. 241/2007, made by the Governor in Council by Order in Council 2007-241 dated April 24, 2007;

 

“full-day program” means a day care program that is not a family home day care program and that

 

                         (i)     provides day care for children who are not attending school, and

 

                         (ii)    is operated for more than 4 consecutive hours per day or more than 30 hours per week;

 

“infant” means a child who is younger than 18 months old;

 

“level 1 classification” means a staff classification issued by the Minister under subsection 37(2);

 

“level 2 classification” means a staff classification issued by the Minister under subsection 37(3);

 

“level 3 classification” means a staff classification issued by the Minister under subsection 37(4);

 

“licensee” means the person in whose name a license has been issued under the Act;

“operate” includes manage;

 

“parent” includes a guardian, foster parent and any other person having the care and custody of a child;

 

“parent handbook” means the parent handbook required by Section 44;

 

“part-day program” means a day care program that is not a family home day care program and that

 

                         (i)     provides day care for children who are older than 30 months old and are not attending school, and

 

                         (ii)    is operated for fewer than 4 consecutive hours per day and fewer than 30 hours per week;

Definition of part-day program amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

“preschooler” means a child who is 36 months old or older and is not attending school;

 

“private school” means a private school as defined in the Education Act;

 

“public school” means a public school as defined in the Education Act;

 

“school-age child” means a child who is attending school and is not older than 12 on December 31 of the school year;

 

“school-age program” means a day care program that provides day care for children attending school;

 

“school-age training approval” means the staff training approved by the Minister under subsection 37(5);

 

“staff” means paid employees of a licensee and does not include care providers;

 

“staff-to-children ratio” means the ratio representing the minimum number of staff required by these regulations;

 

“toddler” means a child who is between 18 months old and 35 months old, inclusive.

 

       (2)    In Section 8 of the Act and in these regulations, “examine” includes photograph, copy or reproduce by any means and temporarily remove books and records for that purpose.


Exempted services

3     (1)    For the purpose of the exemption from the definition of “day care” in subclause 2(a)(i) of the Act, “organized recreational activities” means recreational programs offered by recognized community providers.

 

       (2)    For the purposes of subclause 2(a)(ii) of the Act, the following services are exempted from the definition of “day care” and do not require a license:

 

                (a)    care for 6 or fewer children of any age on a regular basis, including any children of the person providing the care;

 

                (b)    care for 8 or fewer school-age children on a regular basis, including any children of the person providing the care;

 

                (c)    casual and irregular babysitting arrangements for care and supervision provided to a child

 

                         (i)     in the child’s home,

 

                         (ii)    in the home of the person providing the care and supervision, or

 

                         (iii)   when the parents are on the premises and readily available;

 

                (d)    care and supervision of children provided under the Children and Family Services Act;

 

                (e)    a program provided for children that has the promotion of specific recreational, athletic, artistic or musical skills as its only purpose;

 

                (f)    a camp for school-age children operated during school holiday periods by persons who are not at the same time and same location working for a licensee as staff or care providers;

 

                (g)    a program provided in a public school by a school board for children who will be at least 4 years old on December 31 of the school year in which they are enrolled in the program;

 

                (h)    a program provided by a private school that serves 2 or more grades for children who will be at least 4 years old on December 31 of the school year in which they are enrolled in the program;

 

                (i)     a pre-primary program under the Pre-primary Education Act.

 

       (3)    The prohibition in Section 11 of the Act against advertising or holding out an unlicensed place to be a facility, or implying or leading the public to believe that an unlicensed place is a facility, applies to an exempted service.

 

       (4)    The presence of more than 1 person providing care does not permit an increase in the maximum number of children allowed for a service to be exempted under clause (2)(a) or (b).


Licensing

4     (1)    The following are the programs for which a license may be issued:

 

                (a)    a full-day program;

 

                (b)    a part-day program;

 

                (c)    a school-age program; or

 

                (d)    if the licensee is an agency, a family home day care program.

 

       (2)    A school-age program may be operated at any of the following times:

 

                (a)    before school begins in the morning and after school ends in the afternoon;

 

                (b)    during school lunch periods;

 

                (c)    during school holidays or in-service days.

 

       (3)    A term, condition or restriction attached to a license under subsection 5(3) of the Act may include

 

                (a)    a term or condition permitting extended hours of operation, including on weekends, in accordance with standards established by the Minister; or

 

                (b)    a stipulation that the licensee is on probation.

 

       (4)    Except as provided in subsection (5), a license issued in accordance with the former regulations is deemed to have been issued under these regulations, and the holder of the license must comply with these regulations.

Subsection 4(4) replaced: O.I.C. 2011-116, N.S. Reg. 155/2011.

       (5)    A license for a part-day program for children younger than 30 months old issued under the former regulations remains valid as long as the licensee complies with the conditions under which the license was issued, and the license may be renewed under those same conditions.


Form of license

5     (1)    A license for a full-day program, part-day program or school-age program must be in Form 1.

 

       (2)    A license for a family home day care program must be in Form 2.


License must be displayed

6     A license must be displayed at all times in a conspicuous place near the entrance of the facility or agency.


License proposal

7     (1)    Before applying for a license, a person must submit a proposal for the license to the Department and obtain the Department’s approval of the proposal.

 

       (2)    A proposal for a license must be made on a form approved by the Minister and must be accompanied by any items specified on the proposal form.


Applying for license

8     (1)    An application for a license must be made to the Department on a form approved by the Minister.

 

       (2)    An application for a license must be accompanied by

 

                (a)    proof that the applicant has obtained approval of their license proposal as required by Section 7; and

 

                (b)    any additional item specified on the application form.

 

       (3)    In addition to the requirements of subsection (2), an applicant for a license must submit proof that the proposed facility or, in the case of an agency, the play group space to be used for its family home day care program complies with

 

                (a)    the regulations, orders and directions of the appropriate authorities respecting fire prevention, safety, health and sanitary requirements; and

 

                (b)    any applicable municipal bylaws.

 

       (4)    If an applicant has previously submitted the proof of compliance required by subsection (3), the Minister may waive the requirement to submit the proof with the current application if the applicant can establish that there have been no changes to the facility or play group space or to the applicable regulations, orders, directions and bylaws referred to in subsection (3).

 

       (5)    An application, including all of the accompanying documentation, must be approved by the Department before a license is issued.


Applying for license renewal

9     (1)    An application to renew a license must be made to the Department on a renewal application form approved by the Minister, and must include the information and documentation specified in the renewal application form.

 

       (2)    If an applicant has previously submitted any item required by the renewal application form, and the item has not changed since it was last provided, the Minister may waive the requirement to submit the item with the current renewal application.


Applying for change to license

9A  (1)    A licensee may request a change to the age range, maximum number of children or program type identified on the license.

 

       (2)    A licensee must provide the information requested by the Minister in support of a request under this Section.

 

       (3)    The Minister may make conditions, qualifications, restrictions or requirements in respect of, or as a prerequisite to, the approval of a change to a license requested under this Section.

Section 9A added: O.I.C. 2014-531, N.S. Reg. 226/2014.


Approval for alteration

10   (1)    In Section 10 of the Act, “significantly affect the care of children”, in relation to a proposed alteration to a facility for which Ministerial approval is required, includes changing the physical dimensions of the outdoor or indoor space.

Subsection 10(1) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    The Minister may make conditions, qualifications, restrictions or requirements in respect of, or as a prerequisite to, the approval of a proposal for alterations.

 

       (3)    In a submission to the Minister for approval to alter the physical dimensions of the indoor space of a facility, a licensee with an exemption under subsection 20A(1) may request that the exemption also apply to the altered space.

Subsection 10(3) added: O.I.C. 2014-531, N.S. Reg. 226/2014.


No commitment to fund

11   Issuance of a license or approval of an alteration must not be construed as a commitment by the Minister to provide funds to the licensee.


Cancellation, suspension, refusal to renew

12   (1)    On cancelling, suspending or refusing to renew a license, the Minister must post a notice of closure on each entrance to and exit from the licensee’s facility or, in the case of an agency, the agency and any family day care home managed by the agency.

 

       (2)    A notice of closure must set out the effective date of and reasons for the cancellation, suspension or refusal to renew the license.


Inspections

13   (1)    A facility and an agency must be inspected at least annually.

 

       (2)    Section 8 of the Act, respecting the right of the Director to enter, inspect and examine, applies with the necessary changes in detail to an agency.

 

       (3)    During an annual inspection, the licensee must make available proof that the facility or, if the licensee is an agency, the play group space to be used for its family home day care program complies with the regulations, orders and directions of the appropriate authorities respecting fire prevention, safety, health and sanitary requirements and any applicable municipal bylaws.

Subsection 13(3) added: O.I.C. 2014-531, N.S. Reg. 226/2014.


Agency’s duties

14   An agency must do all of the following:

 

                (a)    recruit and approve care providers and family day care homes to establish and operate a family home day care program;

 

                (b)    approve, manage and monitor the care providers and family day care homes under its management in accordance with all of the following:

 

                         (i)     the Act and its regulations,

 

                         (ii)    the funding agreement between the agency and the Minister, if applicable,

 

                         (iii)   the service agreements between each care provider and the agency,

 

                         (iv)   standards established by the Minister;

 

                (c)    hire a family home consultant to provide services and support to care providers and family day care homes under its management, including all of the following:

 

                         (i)     assisting parents and care providers in matching requirements with services,

 

                         (ii)    providing administrative support and record-keeping,

 

                         (iii)   organizing parent committee meetings,

 

                         (iv)   providing a lending library,

 

                         (v)    providing regular play groups,

 

                         (vi)   coordinating the delivery of professional development courses for agency staff associated with the family home day care program and for care providers,

 

                         (vii)  providing or organizing transportation for care providers and children enrolled in its family home day care program to attend agency functions;

 

                (d)    ensure that care providers and family day care homes meet the requirements for approval in subsection 15(1);


Clause 14(e) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (f)    annually assess care providers and family day care homes under its management;

 

                (g)    operate in accordance with the proposal for the agency that was approved before the agency’s license was issued.


Agency may approve care provider and family day care home

15   (1)    An agency may approve a person who is at least 18 years old as a care provider and the person’s home as a family day care home if the agency is satisfied that all of the following requirements are met:


Clause 15(1)(a) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Clause 15(1)(b) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (c)    the person has adequate commercial general liability insurance or its equivalent;

 

                (d)    the person has personal qualities that promote positive healthy development in children;

 

                (e)    the person is capable of providing the agency’s family home day care program;

 

                (f)    the person has signed a service agreement with the agency;

 

                (g)    the person and the person’s home meet and will continue to meet the requirements of all of the following:

 

                         (i)     the Act and its regulations,

 

                         (ii)    the service agreement made between the person and the agency,

 

                         (iii)   standards established by the Minister.

 

       (2)    On approving a care provider and a family day care home, an agency must submit any information required by the Minister to the Department.


Maximum number of children for care provider

15A(1)    Subject to the restriction in subsection (2) respecting the permitted numbers of toddlers and infants, and except as provided in subsections (3) and (4), a care provider may care for a maximum of 6 children at a time, including their own children.

 

       (2)    If a care provider is caring for 4 to 6 children, no more than 3 children may be under 3 years of age and of those 3 children no more than 2 children may be infants.

 

       (3)    A care provider for school age children only may care for a maximum of 8 school age children at a time, including their own children.

 

       (4)    A care provider may care for a maximum of 3 infants at a time, including their own infants, and if caring for the maximum 3 infants must not have any other children in their care.

Section 15A added: O.I.C. 2014-531, N.S. Reg. 226/2014.


Agency may cancel approval

16   An agency may cancel an approval of a care provider and family day care home if the care provider or family day care home does not meet or continue to meet any requirement of subsection 15(1).


Compliance and enforcement standards

17   (1)    A licensee must adhere to the license compliance and enforcement standards established by the Minister.

 

       (2)    If a licensee fails to meet the license compliance and enforcement standards, the Minister may decline to do any of the following until the licensee remedies the violation or deficiency:

 

                (a)    issue any other license to the licensee;

 

                (b)    approve a change under Section 9A to a license held by the licensee;

 

                (c)    approve an alteration to the licensee’s physical space proposed in a submission to the Minister referred to in Section 10.

Subsection 17(2) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.


Facility must be insured

17AEach facility must be adequately insured under a commercial general liability insurance policy or its equivalent.

Section 17A added: O.I.C. 2014-531, N.S. Reg. 226/2014.


Program

18   (1)    A licensee other than an agency must adhere to the daily program standards established by the Minister.

Section 18(1) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    The daily program for children enrolled in a day care program, including a play group provided by an agency under subclause 14(c)(v), must be developmentally appropriate and promote full participation of all children.

Section 18(2) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    For children enrolled in a full-day program or a family home day care program, all of the following must be provided daily:

 

                (a)    a rest time;

 

                (b)    a developmentally appropriate period of outdoor activity in the morning and afternoon, except when extreme weather conditions exist;

 

                (c)    opportunities for physical activity.

 

       (4)    A day care program offering extended hours of operation must comply with Departmental standards for programs offering extended hours.


Behaviour guidance

19   (1)    Each licensee, facility director, agency director, family home consultant, care provider, staff member and volunteer of a licensee must behave in a manner that does not harm any child who is attending the day care program, and in particular must not do or permit any of the following:

 

                (a)    use corporal punishment, including

 

                         (i)     striking a child directly or with any physical object, and

 

                         (ii)    shaking, shoving, spanking and other forms of aggressive physical conduct;

 

                (b)    require or force a child to repeat physical movements;

 

                (c)    use harsh, humiliating, belittling or degrading responses of any form, whether verbal, emotional or physical;

 

                (d)    confine or isolate a child;

 

                (e)    deprive a child of basic needs, including food, shelter, clothing and bedding.

 

       (2)    A licensee must have a behaviour guidance policy and must do all of the following:

 

                (a)    provide training in the policy for the licensee’s directors, staff, care providers and volunteers before they begin their employment or volunteering;

 

                (b)    ensure that the policy is reviewed with the parents of a child at the time of the child’s enrolment in a program operated by the licensee;

 

                (c)    ensure that the policy is reviewed with all of the licensee’s directors, staff, care providers and volunteers on an annual basis, or more often if needed;

 

                (d)    have a written record of the licensee’s compliance with clauses (a), (b) and (c);

 

                (e)    ensure that each of the licensee’s directors, staff, care providers and volunteers comply with the policy.


Building and space requirements

20   (1)    Except as provided in clause 20A(1)(a), a facility or family home day care must not be located above the 2nd floor of a building.

 

       (2)    An indoor play space in a facility must have at least 2.753 m2 (30 ft.2) of unobstructed floor space for each child occupying the space.

 

       (3)    Space used for hallways, entryways, exits, staff purposes, facility administration, diapering areas, washrooms, kitchen, laundry, shelving or storage must not

 

                (a)    be included when calculating the unobstructed indoor floor space per child for the purposes of subsection (2); or

 

                (b)    infringe on the children’s unobstructed indoor floor space or on space used for the children’s routine activities.

 

       (4)    Except as provided in clause 20A(1)(b) and subsection 20A(3), an indoor play space in a facility must provide natural lighting through a window or windows with a glass area of at least the following size:

 

                (a)    for a facility located in a building or a new addition to a building constructed on or after February 1, 2015, 10% of the total floor area;

 

                (b)    for a facility located in an existing building, the same area as required by clause (a), except that the total floor area to be used in calculating the minimum glass area required is the actual total floor area of the indoor play space minus 2%.

 

       (5)    Each area within a facility that is used for the care of infants must meet all of the following requirements:

 

                (a)    it must be located on the ground floor;

 

                (b)    it must include an infant play space;

 

                (c)    it must include a sleeping area that is

 

                         (i)     in a room separated from the infant play space, and

 

                         (ii)    large enough to accommodate 1 crib for each infant, with a 46-cm (18-in.) space or a divider between each crib.

 

       (6)    A facility that is licensed to operate a full-day program for the care of infants or toddlers must contain a diapering area that meets all of the following requirements:

 

                (a)    it must be equipped with a counter that has a smooth, non-porous surface that is easily cleaned;

 

                (b)    it must be located next to a hand-washing sink.

 

       (7)    A diapering area must not be used for other purposes.

 

       (8)    A facility must have washroom and toilet facilities suitable for toddlers, preschoolers and school-age children that meet all of the following requirements:

 

                (a)    they must be either

 

                         (i)     inside the facility, or

 

                         (ii)    at the same location as the facility and available for use by the facility;

 

                (b)    they must be in the ratio of 1 toilet and 1 sink per 10 toddlers, preschoolers and school-age children.

 

       (9)    Except as provided in clause 20A(1)(c), a facility must have a separate washroom for staff.

Section 20 replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.


Exemptions from building and space requirements

20A(1)    An exemption included on a license issued under the former regulations from a requirement corresponding to any of the following continues to apply to the license under these regulations:

 

                (a)    the location requirement in subsection 20(1);

 

                (b)    the minimum lighting requirement in clause 20(4)(a) for a newly constructed building or a new addition;

 

                (c)    the requirement in subsection 20(9) for a separate washroom for staff.

 

       (2)    An exemption that applies to a license under subsection (1) continues to apply in any of the following circumstances:

 

                (a)    on renewal of the license, if the licensee requests a continuation of the exemption and the Minister approves the continuation;

 

                (b)    on the issuance of a new license to a person who purchases the facility or agency, if the purchaser requests a continuation of the exemption and the Minister approves the continuation;

 

                (c)    on an alteration of the physical dimensions of the indoor space of a facility approved by the Minister under Section 10 of the Act, if the licensee’s submission to the Minister includes a request in accordance with subsection 10(3) that the exemption apply to the altered space and the Minister approves that request.

 

       (3)    A licensee operating a facility located in a school or providing a part-day or school-age program may request an exemption from the minimum lighting requirement in subsection 20(4) and the Minister may approve the request.

Section 20A added: O.I.C. 2014-531, N.S. Reg. 226/2014.


Equipment requirements

21   (1)    A facility or a family day care home must be equipped with indoor play equipment and toys that are

 

                (a)    developmentally appropriate, safe and sanitary;

 

                (b)    accessible for independent selection; and

 

                (c)    available in a quantity and variety to engage all children in each group of children served.

 

       (2)    Each child who is enrolled in a day care program must be provided with all of the following:

 

                (a)    furnishings of a suitable size;

 

                (b)    individual utensils and personal hygiene items;

 

                (c)    except in a family day care home, an individual storage space that is easily accessible to the child and keeps the child’s personal effects separate from those of other children.

 

       (3)    Each toddler and preschool child who is in attendance at a facility or family day care home during the daily rest period must be provided with

 

                (a)    an assigned cot or rest mat with a washable and moisture-resistant cover; and

 

                (b)    a sheet and blanket that are clean and of sufficient warmth.

 

       (4)    Each infant who is enrolled in a day care program must be provided with a crib or portable crib that meets the standards of the federal or Provincial legislation respecting cribs, cradles and bassinets.

Subsection 21(4) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.


Subsection 21(5) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Subsection 21(6) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Subsection 21(7) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Outdoor play equipment and space requirements for facilities

22   (1)    An outdoor play space used by a facility must be accessible to all enrolled children, including those with diverse abilities.

 

       (2)    Children enrolled in a full-day program or a school-age program must be provided with either of the following:

 

                (a)    1 or more outdoor play spaces located at the facility that are safe and suitable for the age range of the children enrolled in the program; or

 

                (b)    access to a safe and suitable outdoor play space that is within a reasonable distance of the facility and that is suitable for the age range of the children enrolled in the program.

 

       (3)    Except for outdoor play spaces located at a public school or a private school, for the purpose of clause (2)(a) an outdoor play space located at a facility must meet all of the following requirements:

 

                (a)    it must provide at least 7 m2 (75 ft.2) of play space per child using the play space;

 

                (b)    it must be large enough to accommodate the largest age group of children who regularly attend the day care program, other than infants;

Clause 22(3)(b) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (c)    it must be enclosed by a fence that is at least 1.2 m (4 ft.) high.

 

       (4)    If any infants are enrolled in a full-day program, there must be a separate outdoor play space for the infants at the facility or in the immediate vicinity that meets all of the following requirements:

 

                (a)    it must provide at least 7 m2 (75 ft.2) of play space per infant using the play space;

 

                (b)    it must be large enough to accommodate the number of infants who regularly attend the program;

Clause 22(4)(b) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (c)    it must be enclosed by a fence that is at least 1.2 m (4 ft.) high.

 

       (5)    Any outdoor play space provided for children enrolled in a part-day program must comply with the requirements of subsections (2) and (3).

 

       (6)    The Minister may waive or alter any of the requirements of subsection (3) or (4) and apply other requirements if there are special circumstances and the Minister is satisfied that the waiver or alteration will not adversely affect the children’s safety or the services and programs provided.

 

       (7)    Any outdoor play structure for gross motor activity that is provided by a facility must comply with the Standards for Outdoor Play established by the Minister.

Subsection 22(7) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.


Subsection 22(8) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Section 23 repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Outdoor play space requirements for family day care homes

24   (1)    An outdoor play space used by a family home day care program must be accessible to all enrolled children, including those with diverse abilities.

 

       (2)    Children enrolled in a family home day care program must be provided with an outdoor play area that is

 

                (a)    on the premises of the family day care home and enclosed by a fence that is at least 1.2 m (4 ft.) high; or

 

                (b)    within a reasonable distance of the family day care home and that has been determined by the agency to be safe and appropriate.

 

       (3)    An outdoor play space used by children enrolled in a family home day care program must be supervised in accordance with the staff-to-children ratios and group sizes set out in Section 34 for a family home day care program.


Nutrition

25   (1)    A licensee must adhere to the food and nutrition standards established by the Minister.

 

       (2)    Except as provided in subsection (3), a licensee or, in the case of a family home day care program, a care provider must ensure that each child in attendance at a day care program is provided with a meal during regular meal times and a snack if the child attends before or after a regular meal period.

Subsection 25(2) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    Each child enrolled in a school-age program may bring a lunch from home or be provided with a lunch.

Original subsection 25(6) renumbered 25(3) and amended: O.I.C. 2014-531, N.S. Reg. 226/2014.


Original subsection 25(3) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Subsection 25(4) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Subsection 25(5) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Subsection 25(7) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Subsection 25(8) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Section 26 repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Infant feeding safety

Section 27 heading amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

27   

Subsection 27(1) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Subsection 27(2) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    An infant who cannot hold a bottle must be held by a staff member during bottle feeding.

 

       (4)    An infant must not be fed in a crib or by bottle propping.


Health, safety and communicable disease control

28   (1)    Each facility director, agency director, care provider, family home consultant and staff member who works directly with children must have a valid first aid certificate that includes infant CPR training from a recognized program.

Subsection 28(1) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    A facility director or, in the case of a family home day care program, a care provider is responsible for recognizing and responding to symptoms of ill health in children attending the facility or the family day care home.

 

       (3)    A licensee must follow Provincial guidelines for promoting and maintaining health and safety and preventing and controlling communicable diseases.

 

       (4)    A facility director or, in the case of a family home day care program, the care provider or agency director, as applicable, must follow the Provincial guidelines referred to in subsection (3) and, in particular, must ensure that the following requirements are met:

 

                (a)    each facility, family day care home and play group space must be kept in a clean and sanitary condition at all times;

 

                (b)    each indoor play space must be suitably ventilated and free from odours;

Clause 28(4)(b) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (c)    staff, care providers and volunteers must wash their hands before and after diapering or toileting a child and before and after food preparation;

 

                (d)    toys used by children must be cleaned and sanitized in accordance with the Provincial guidelines referred to in subsection (3);

Clause 28(4)(d) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (e)    toys used by infants and toddlers must be checked daily for broken pieces and other hazards;

Clause 28(4)(e) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (f)    each highchair, cot, crib and mat must be sanitized on a regular basis and before being used by another child;

 

                (g)    the counter of the diapering area must be disinfected after each diapering;

 

                (h)    at least 2 first aid kits must be available within each facility, family day care home and agency;

 

                (i)     a first aid kit, a list of children in attendance and the children’s emergency contact information must all be taken on outings with children;

 

                (j)     if a high chair, infant seat or stroller is equipped with a safety belt, the safety belt must be used;

Clause 28(4)(j) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (ja)   strollers must be equipped with sunshades;

Clause 28(4)(ja) added: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (jb)   playpens, jolly jumpers and baby walkers must not be used for children of any age;

Clause 28(4)(jb) added: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (k)    medical supplies, drugs, medications and dangerous or noxious materials must be properly labelled and safely stored.


Administering medicine to child

29   A facility director or, in the case of a family home day care program, a care provider who agrees to administer medicine to a child must do all of the following:

 

                (a)    obtain prior written instructions signed by the child’s parent;

 

                (b)    keep a written record of each dose, including all of the following:

 

                         (i)     the date and time the dose was administered,

 

                         (ii)    the amount of the dose administered,

 

                         (iii)   the child’s name,

 

                         (iv)   the initials of the staff member or care provider who administered the dose, to be entered after the dose is administered;

 

                (c)    accept only medicine that is brought to the facility or family day care home by the parent and that is supplied in the original container, in the case of patent medicine, or in a container supplied for the purpose by a pharmacist, in the case of prescribed medicine.


Child abuse

30   When there is a reasonable belief that a child enrolled in a day care program has been abused within the meaning of the Children and Family Services Act, the licensee and each staff member, care provider and volunteer of the licensee must follow the Department’s child abuse protocol for regulated child care.

Section 30 replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.


Notable situations

30A(1)    In this Section, “notable situation” means an accident, communicable disease or other situation that affects or could affect the health, safety or well-being of a child in attendance at a day care program, but that does not meet the criteria set out in Section 30B for a serious incident.

 

       (2)    If a notable situation arises, the facility director or, in a family home day care program, the care provider must do all of the following:

 

                (a)    immediately secure any necessary medical assistance and make every effort to notify the parents of any child directly affected;

 

                (b)    prepare a summary report, which must include all of the following:

 

                         (i)     a summary of the situation and the action taken,

 

 

                         (ii)    the signature of each staff person or care provider involved,

 

                         (iii)   a place for the signature of the parent of each affected child;

 

                (c)    place a copy of the summary report prepared under clause (b) in the file of each affected child.

Section 30A added: O.I.C. 2014-531, N.S. Reg. 226/2014.


Serious incidents

30B (1)    In this Section, “serious incident” means any of the following:

 

                (a)    the death of a child while the child is attending a day care program;

 

                (b)    any injury to a child that occurs while the child is attending a day care program and that requires emergency medical attention;

 

                (c)    a fire or other disaster on the premises of a facility, agency, play group space or family day care home;

 

                (d)    a concern or an occurrence relating to an element of the physical environment or an operational or safety practice in a facility or a family day care home that poses a risk to the children’s health, safety or well-being.

 

       (2)    If a serious incident occurs, the facility director or, in a family home day care program, the care provider must do all of the following:

 

                (a)    immediately secure any necessary medical assistance and make all possible efforts to notify the parents of any child affected;

 

                (b)    notify the licensee no later than 24 hours after the time the serious incident occurred;

 

                (c)    prepare a summary report that meets the requirements of clause 30A(2)(b) and place a copy in the file of each affected child no later than 7 days after the date of the serious incident.

 

       (3)    A licensee must ensure that the Department is advised of a serious incident no later than 24 hours after the serious incident occurs.

Section 30B added: O.I.C. 2014-531, N.S. Reg. 226/2014.


File required for each child

31   (1)    For each child enrolled in a day care program, the licensee or, in the case of a family home day care program, the care provider must keep a file that includes all of the following documentation and information:

 

                (a)    an application for enrollment that is signed by the child’s parent and sets out all of the following:

 

                         (i)     the child’s name and date of birth,

 

                         (ii)    the names, home addresses and phone numbers of the child’s parents, together with e-mail contact information for the parents, if available,

 

                         (iii)   the name, address and phone number of the child’s physician,

 

                         (iv)   the name and contact information of the person to be notified in case of an emergency if a parent is not available,

 

                         (v)    the names of persons to whom the child may be released;

 

                (b)    the date the child was admitted to the program;

 

                (c)    written confirmation as required by subsection 44(5) that the child’s parent has been provided with the parent handbook;

 

                (d)    a health questionnaire for the child completed by the child’s parent, including immunization dates;

 

                (e)    if applicable, information about any medication to be administered to the child during the hours the child is attending the day care program, including

 

                         (i)     the written instructions from the child’s parent as required by clause 29(a), and

 

                         (ii)    the written record required by clause 29(b) of each dose of medicine administered;

 

                (f)    if applicable, written instructions signed by the child’s parent concerning any special requirements for feeding, diet, rest or exercise;

 

                (g)    written consent from the child’s parent for the child to

 

                         (i)     receive emergency medical treatment,

 

                         (ii)    participate in off-site outings and field trips, and

 

                         (iii)   if applicable, walk between school and the facility or family day care home;

 

                (h)    a copy of a report required by clause 30A(2)(b) or 30B(2)(c) of any incident affecting the health, safety or well-being of the child while attending the day care program;

Clause 31(1)(h) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (i)     for an infant, toddler or preschool child, semi-annual reports respecting the child’s development.

 

       (2)    If a child withdraws from enrollment in a day care program, the licensee or care provider must include the date of and reason for the withdrawal in its file for the child.

 

       (3)    A licensee or care provider must keep each child’s file confidential, complete and organized.

 

       (4)    A licensee or care provider must store a child’s file in a safe and secure manner at the facility or, in the case of a family home day care program, at the family day care home, and must keep it for at least 2 years after the date of the child’s withdrawal from enrollment.


Records required for each child

32   (1)    A licensee or, in the case of a family home day care program, a care provider, must keep a daily record of attendance for each child enrolled in the day care program.

 

       (2)    A daily record of attendance must include the child’s arrival and departure times and reasons for any absence.

 

       (3)    A licensee must keep a daily record for an infant or toddler enrolled in a full-day program, which must include all of the following:

 

                (a)    daily routines, including naps, eating and toileting, noting atypical responses;

 

                (b)    activities and outings in which the child participated, noting the child’s preferences and abilities;

 

                (c)    information about any unusual occurrence and other pertinent information that does not necessarily relate to a daily occurrence;

 

                (d)    space for the child’s parent to write special instructions or information about the child.

 

       (4)    A care provider must keep a daily record for an infant or toddler enrolled in a family home day care program, which must include all of the following:

 

                (a)    information about any unusual occurrence and other pertinent information that does not necessarily relate to a daily occurrence;

 

                (b)    space for the child’s parent to write special instructions or information about the child.

 

       (5)    A daily record for an infant or toddler must be available to the child’s parent at the beginning and end of each day to allow them to record instructions or information under clause (3)(d) or (4)(b) and must be retained for at least 6 months.


Daily log book requirement

33   A facility director or, in the case of a family home day care program, a care provider must keep a daily logbook to record information about any absence of a child due to illness and any unusual or special events in the facility or family day care home.


Staff-to-children ratios

34   (1)    Except as provided in subsection (2), the number of staff present and working directly with the children in a day care program must meet the staff-to-children ratios set out in the following table at all times when children are in attendance:


Table of Staff-to-Children Ratios

Age Range of

Children in Group

Staff-to-Children Ratio

Full-Day Program

Infant

1 to 4

Toddler

1 to 6

Preschooler

1 to 8

Mixed ages

ratio applying to youngest child

Part-Day Program

Toddler older than 30 months old

1 to 12

Preschooler

1 to 12

School-Age Program

School age

1 to 15

Family Home Day Care Program

Any age*

(*subject to the restrictions in subsection 15A(2))

1 to 6

Infants

1 to 3

School age

1 to 8

Subsection 34(1) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    The staff-to-children ratio for children in a particular age group in a full-day program may be reduced during the children’s rest period, if the total number of staff on site in the facility is sufficient to meet the staff-to-children ratio for all children in the facility and the children’s health and safety is not compromised by the reduction.

Subsection 34(2) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    The number of children in a children’s indoor play space at any time must not exceed the maximum group sizes specified in the following table:


Table of Maximum Group Sized for Indoor Play Spaces

Age Range of

Children in Group

Staff-to-Children Ratio

Full-Day Program

Infant

10

Toddler

18

Preschooler

24

Part-Day Program

Toddler older than 30 months old

24

Preschooler

24

School-Age Program

School age

30

Subsection 34(3) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (4)    In a facility, no more than 1 group of children may be located in a single room.


Subsection 34(5) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Subsection 34(6) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.


Facility must be administered by director

35   (1)    Each full-day program, part-day program and school-age program must be administered by a facility director who supervises and manages the facility.

 

       (2)    A facility director must designate a staff member who is qualified in accordance with Section 40 to act as the facility director at times when the facility director is absent from the facility.

 

       (3)    A facility director or a person designated under subsection (2) must be in attendance at the facility at all times during its operating hours.


Facility staffing requirements

36   (1)    Facility staff must be at least 16 years old to be included in the staff-to-children ratios for the facility.


Subsection 36(2) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    For the purpose of this Section and Section 37, a person is considered to have the equivalent of early childhood education if he or she meets all of the following requirements:

 

                (a)    successful completion of Grade 12 or the equivalent through the General Education Development program of the Department of Education and Early Childhood Development;

[Note: The reference to the Department of Education has been updated in accordance with Order in Council 2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 4, 2013.]

 

                (b)    at least 2 years’ experience in a licensed day care facility;

 

                (c)    successful completion of a full-credit course of 2 semesters in a post-secondary education program in at least 1 of the following areas, and successful completion of 25 hours in training programs, seminars or workshops in the other area not completed by way of post-secondary education:

 

                         (i)     human growth and development with an emphasis on the young child,

 

                         (ii)    curriculum development and implementation of programs for young children in day care facilities.

 

       (4)    A facility must be staffed in accordance with the following requirements:

Subsection 36(4) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (a)    at least 2/3 of the staff working directly with children in a full-day program or a part-day program must have a level 1, level 2 or level 3 classification;

 

                (b)    at least 2/3 of the staff working directly with children in a school-age program must have a level 1, level 2 or level 3 classification or school-age training approval.

 

       (5)    Despite subsection (4), in a facility with only 2 staff working directly with children, 1 staff member must have a level 1, level 2 or level 3 classification or school-age training approval.

Subsection 36(5) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.


Staff classification and school-age training approval

37   (1)    A person seeking an entry level, level 1, level 2 or level 3 classification or school-age training approval must apply to the Minister.

Subsection 37(1) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (1A) The Minister may issue an entry level classification to a facility staff person who meets the requirements of subsection (6).

Subsection 37(1A) added: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    The Minister may issue a level 1 classification to an applicant who has any of the following qualifications:

 

                (a)    completion of the orientation training referred to in subsection (6) and completion of course work and workplace training as specified in standards set by the Minister;

 

                (b)    a 1-year certificate in early childhood development or early childhood education from a training program recognized by the Director;

 

                (c)    the equivalent of early childhood education referred to in subsection 36(3), granted on or before May 1, 2012, and for which the applicant applies no later than April 30, 2011.

 

       (3)    The Minister may issue a level 2 classification to an applicant who has either of the following qualifications:

 

                (a)    a diploma from a 2-year diploma program offered by a post-secondary institution approved by the Director in any 1 of the following:

 

                         (i)     early childhood education,

 

                         (ii)    an area of study that qualifies a person to plan and deliver early childhood education programming for children;

 

                (b)    a 1-year early childhood education certificate obtained before May 31, 2000, on completing a training program in early childhood education, as defined in the former regulations.

 

       (4)    The Minister may issue a level 3 classification to an applicant who has either of the following qualifications:

 

                (a)    a bachelor’s degree from a post-secondary institution approved by the Director in any of the following:

 

                         (i)     early childhood education,

 

                         (ii)    an area of study that qualifies a person to plan and deliver early childhood education programming for children;

 

                (b)    the qualifications of clause (3)(a) and a bachelor’s degree in any discipline from a post-secondary institution recognized by the Director.

 

       (5)    The Minister may grant approval of school-age training to a person who

 

                (a)    has either of the following qualifications:

 

                         (i)     a bachelor’s degree in early or elementary education from a post-secondary institution recognized by the Director,

 

                         (ii)    completion of a program at a post-secondary institution recognized by the Director that qualifies a person to plan and deliver developmentally appropriate programming for school-age children; and

 

                (b)    has completed the orientation training referred to in subsection (6).

 

       (6)    A facility staff person who works directly with children must either

 

                (a)    have completed the orientation training approved by the Minister and provide proof of completion; or

                

                (b)    have completed post-secondary courses in early childhood education that are comparable to the orientation training referred to in clause (a), and provide proof of completion.

Subsection 37(6) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (7)    A facility staff person who, on their date of employment, does not meet the requirements of subsection (6) must complete and provide proof of completion of the orientation training referred to in clause (6)(a) within 1 year of their date of employment.

Subsection 37(7) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.


Continuing professional development for facility staff

38   A person who holds a classification or school-age training approval under Section 37 must

Section 38 amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (a)    complete at least 30 hours of professional development to enhance skills and knowledge specific to early childhood care and education in every 3-year period following the date their classification was issued or approval was granted; and

 

                (b)    provide the Minister with proof of completion of the required hours of professional development.


Cancellation of classification or school-age training approval

39   (1)    The Minister may cancel a person’s classification or a school-age training approval in any of the following circumstances:

 

                (a)    the classification was issued or the school-age training approved based on false or inaccurate information;

 

                (b)    the person has been found guilty of a criminal offence by a court of law;

 

                (c)    the person has not complied with the requirements of Section 38 respecting continuing professional development.

 

       (2)    On cancelling a person’s classification or school-age training approval, the Minister must provide written notice to the person, including the reasons for the cancellation.


Qualifications for facility directors and designates

40   (1)    Except as provided in subsection[s] (2) and (3), a facility director or a person designated as an acting facility director under subsection 35(2) must have the following qualification:

 

                (a)    for a facility that offers programming for all ages, a level 2 or level 3 classification;

 

                (b)    for a facility that offers only school-age programming, a level 2 or level 3 classification or school-age training approval.

 

       (2)    A facility director who began working as a facility director before May 1, 2012, must have a level 1 classification.

 

       (3)    A person who obtained a level 1 classification before May 1, 2012, may be designated as an acting facility director.

Section 40 replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.


Qualifications for family home consultants

41   (1)    Until May 1, 2012, a family home consultant must have all of the following qualifications:

 

                (a)    a 2-year diploma in early childhood education from a recognized training program approved by the Director;

 

                (b)    at least 2 years’ experience working in an early learning and child care program.

 

       (2)    Effective May 1, 2012, a family home consultant must have all of the following qualifications:

 

                (a)    a level 2 or level 3 classification;

 

                (b)    at least 2 years’ experience working in an early learning and child care program.


Requirements for care providers

42   (1)    A care provider must be at least 18 years old.

 

       (2)    A care provider must do all of the following:

 

                (a)    complete a family home day care training course approved by the Minister no later than 1 year after the date their family day care home is approved;

 

                (b)    complete annual professional development workshops, as specified by the Minister;

 

                (c)    permit a family home consultant to visit the family day care home at least once every 30 days to provide services and support as specified in clause 14(c);

 

                (d)    co-operate with the agency during the annual assessment process.


Criminal record, vulnerable sector and child abuse register checks

43   (1)    In this Section,

 

“child abuse register check” means a search of the Child Abuse Register conducted in accordance with the Children and Family Services Act;

 

“criminal record check” means a record check conducted by a police agency and consisting of

 

                         (i)     a search of the national repository of records of criminal convictions, and

 

                         (ii)    a search of locally imposed convictions;

 

“police agency” has the same meaning as “agency” in the Police Act;

 

“record check”, when no specific record or register is referred to, means a criminal record check, a vulnerable sector check or a child abuse register check;

 

“vulnerable sector check” means a record check conducted by a police agency and consisting of

 

                         (i)     a search of the national repository of records of criminal convictions,

 

                         (ii)    a search of locally imposed convictions, and

 

                         (iii)   a search of record suspensions related to records for sexual offences;

 

       (2)    Until June 29, 2015, criminal record checks are required in accordance with this Section for each of the following persons:

 

                (a)    any person who is 18 years old or older and who has or will have contact with children enrolled in a licensed day care program or approved family home day care program, including volunteers;

 

                (b)    any person who is 18 years old or older and who lives in a home where there is a licensed facility or that is a family day care home.

 

       (3)    Effective June 30, 2015, vulnerable sector checks are required in accordance with this Section for any person described in clause (2)(a) or (b).

 

       (4)    Child abuse register checks are required in accordance with this Section for any person who is 13 years old or older and who otherwise meets the description in clause (2)(a) or (b).

 

       (5)    A person who obtains a record check as required by this Section must provide the results to the licensee that operates the day care program or family home day care program where the person works, volunteers or lives.

 

       (6)    A new employee of a licensee must provide the results of a required record check to the licensee before the date that the employee begins work, and the record checks must have been conducted no earlier than 2 years before that date.

 

       (7)    Subject to subsection (8), a person who requires a criminal record or vulnerable sector check under this Section must obtain a new criminal record or vulnerable sector check and provide the updated results to the licensee no later than 5 years after the date of the most recent check, and every 5 years after that.

 

       (8)    If the most recent criminal record check provided to a licensee by a person who requires one under subsection (2) was conducted earlier than April 1, 2011, the person must obtain a new criminal record check and provide the results to the licensee no later than 6 months after the date this Section comes into force.

 

       (9)    A person who requires a child abuse register check under this Section must obtain a new child abuse register check and provide the updated results to the licensee no later than 3 years after the date of the most recent check, and every 3 years after that.

 

       (10)  A person who is required by this Section to obtain a record check must have no contact with children enrolled in the licensed day care program or approved family home day care program until

 

                (a)    the licensee has received the results of all required record checks for the person; and

 

                (b)    the licensee has determined that the results of the record checks for the person disclose no evidence of any conviction for child abuse or another offence respecting children and generally do not raise any issues concerning the appropriateness of employing the person at a facility or having a family home day care program in the home where the person lives.

Section 43 replaced: O.I.C. 2014-531, N.S. Reg. 227/2014.


Parent handbook

44   (1)    A licensee must have a parent handbook to assist parents in making informed decisions regarding the care of their children.

 

       (2)    A parent handbook for a facility must include all of the following:

 

                (a)    a statement that all of the following are posted at a conspicuous place in the facility and an indication of where they are posted:

 

                         (i)     a copy of the Act and these regulations,

 

                         (ii)    a copy of the parent handbook,

 

                         (iii)   the license for the facility,

 

                         (iv)   a copy of the report of the most recent inspection of the facility,

 

                         (v)    a copy of the licensee’s behaviour guidance policy,

 

                         (vi)   a copy of the current menu,

 

                         (vii)  a copy of the daily program plan and routine,

 

                         (viii) a list of the names of the current members of the parent committee,

 

                         (ix)   a copy of the most recent minutes of the parent committee,

 

                         (x)    notification of funding provided by the Minister;

 

                (b)    any information required by the Minister.

 

       (3)    A parent handbook for a family home day care program must include all of the following:

 

                (a)    a statement that the all of the following are posted at the agency, and an indication of where they are posted:

 

                         (i)     the license for the agency,

 

                         (ii)    a copy of the licensee’s behaviour guidance policy,

 

                         (iii)   a list of the names of the current members of the parent committee;

 

                (b)    a statement that all of the following are posted in a conspicuous place in the family day care home, and an indication of where they are posted:

 

                         (i)     a copy of the Act and these regulations,

 

                         (ii)    a copy of the parent handbook,

 

                         (iii)   a copy of the most recent minutes of the parent committee,

 

                         (iv)   a copy of the report of the most recent inspection of the family day care home by the agency,

 

                         (v)    a copy of the agency’s behaviour guidance policy,

 

                         (vi)   a copy of the current menu;

 

                (c)    any information required by the Minister.

 

       (4)    At the time a child is enrolled in a program, the licensee must provide the child’s parent with

 

                (a)    information about the services provided by the licensee and, in the case of a family home day care program, the care provider; and

 

                (b)    the parent handbook.

 

       (5)    A licensee must obtain written confirmation that a parent has received the parent handbook.


Information required to be posted

45   (1)    A licensee other than an agency must post all of the items listed in clause 44(2)(a) in a conspicuous place in the facility, together with any additional information that the Minister requires.

 

       (2)    An agency must post all of the items listed in clause 44(3)(a) in a conspicuous place in the agency, together with any additional information that the Minister requires.

 

       (3)    A care provider must post all of the items listed in clause 44(3)(b) in a conspicuous place in the family day care home, together with any additional information that the Minister requires.


Notice to parents of significant changes

46   (1)    As soon as is practicable, a licensee must notify the parents of each child enrolled in the program operated by the licensee and, if applicable, each care provider in a family home day care program operated by the licensee, if any of the following occurs:

 

                (a)    notice is received of impending suspension, cancellation or non-renewal of a license;

 

                (b)    the facility or agency is sold or closed;

 

                (c)    written information has been received from the Minister about the licensee’s license or program for the purpose of sharing the information with parents;

 

                (d)    if the licensee is an agency,

 

                         (i)     a family day care home managed by the agency is sold or closed,

 

                         (ii)    the agency cancels the approval of a care provider or a family day care home managed by the agency;

 

                (e)    terms, conditions or restrictions are imposed on the license under subsection 5(3) of the Act;

 

                (f)    the police or an agency established under the Children and Family Services Act have directed the licensee to inform the parents about a matter they are investigating.


Subsection 46(2) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    A notice given under this Section must be in writing and must be

 

                (a)    sent by ordinary mail to the last known address of each person who is required to be notified;

 

                (b)    posted in a conspicuous location in the facility or agency and, if applicable, the family day care home; and

 

                (c)    copied to the Minister.


Parent committee

47   (1)    A licensee must establish a parent committee to provide a forum in which parents provide input and receive notice of any matters of interest or concern to the parents.

Subsection 47(1) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    If the licensee is a non-profit organization with a Board of Directors, the parent committee may be a sub-committee of the Board.

 

       (3)    A parent committee must be established

 

                (a)    in the case of an agency, no later than 3 months after the date the agency approved the first family day care home under its management; or

 

                (b)    in the case of a facility, no later than 3 months after the date at which more than 6 children are enrolled.

 

       (4)    A parent committee must be composed of at least 5 members, as follows:

 

                (a)    at least 3 parents of children currently enrolled in a program operated by the licensee;

 

                (b)    1 representative of the licensee or its director, who must attend each meeting of the committee; and

 

                (c)    1 representative of the staff who provide regular care for children or, in the case of a family home day care program, 1 care provider.

 

       (5)    The majority of the members of a parent committee must be parents of children currently enrolled.

 

       (6)    A licensee must provide the Minister with information about the composition of its parent committee.

Subsection 47(6) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (7)    A licensee must immediately notify the Minister of any changes in the composition of the parent committee.

Subsection 47(7) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (8)    The Minister may provide a parent committee chair and, if the Minister considers it necessary, other committee members with a copy of any notice or written information about the status of the license at the same time that the Minister gives it to the licensee.


Parent committee meetings

48   (1)    A parent committee must meet at least 2 times a year.

 

       (2)    A parent committee meeting must be open to all parents of enrolled children.

 

       (3)    At least 2 weeks before the date of a parent committee meeting, the facility director or agency director must do all of the following:

 

                (a)    give written notice of the meeting to the parents of all enrolled children;

 

                (b)    post a notice of the meeting in a conspicuous location in the facility;

 

                (c)    in the case of a family home day care program, provide a notice of the meeting to the care provider in each family day care home managed by the agency and request that it be posted in a conspicuous location in the family day care home.

 

       (4)    A notice of a parent committee meeting must inform the parents that they may add items to the meeting’s agenda.

 

       (5)    A parent committee may discuss any matters of interest or concern to the parents, including the following:

 

                (a)    the safety, care and well-being of the children;

 

                (b)    the status of facility’s or agency’s license;

 

                (c)    the programs provided by the licensee;

 

                (d)    the equipment and materials available to children;

 

                (e)    staffing patterns and staff qualifications.


Minutes of parent committee meetings

49   (1)    No later than 2 weeks after the date of a parent committee meeting, the facility director or agency director must produce minutes of the meeting.

 

       (2)    A copy of the minutes from a parent committee meeting must

 

                (a)    remain posted at the facility until the minutes of the next meeting are posted;

 

                (b)    be kept on file by the licensee for inspection by the Department, as required; and

 

                (c)    in the case of an agency, be distributed to each care provider associated with the agency.


Emergency evacuation and fire safety procedures

50   (1)    Each facility director and care provider must establish emergency rules and procedures, including an evacuation plan and escape routes to be used in the case of fire and other emergencies.

 

       (2)    The evacuation plan must be posted at each designated play room exit and each exit from the facility or family day care home.

 

       (3)    An evacuation plan must include all of the following:

 

                (a)    a current list of emergency telephone numbers including 911, the local hospital emergency department and poison control;

 

                (b)    the specific evacuation duties of each staff member or care provider;

 

                (c)    a diagram of all rooms in the facility or family day care home, with exits noted;

 

                (d)    the location of a safe meeting place, which must be outside the facility or family day care home and known to the children, staff and care providers.

 

       (4)    Each facility director and care provider must carry out an emergency evacuation drill at least once per month.

 

       (5)    Each agency director who provides play groups at their location for children enrolled in the agency’s family home day care program must comply with this Section.


Transportation

51   (1)    The driver of a vehicle operated by or for a licensee to transport children must deliver each child transported in the vehicle to

 

                (a)    a member of licensee’s staff or the care provider;

 

                (b)    the parent of the child; or

 

                (c)    a person authorized by the child’s parent in writing.

 

       (2)    A licensee that provides transportation for enrolled children is responsible for the safety of the children while in transit.


Minister may make payments

52   (1)    The Minister may make payments in respect of day care in any amounts that are appropriated annually for this purpose.

 

       (2)    The Minister may refuse to make payments in respect of a day care program for which a license has expired or has been cancelled, suspended or refused.

 

       (3)    The Minister may recover from a licensee payments made by the Minister in error or based on false or misleading information supplied in the licensee’s application, or that otherwise ought not to have been paid according to these regulations or any other law, and is entitled to use any legal recourse to recover these payments from a licensee.

 

       (4)    The Minister may determine the terms and conditions for providing, refusing and recovering payments made to a licensee.


Minister may approve demonstration projects

53   (1)    The Minister may approve demonstration projects designed to explore alternatives in day care services.

 

       (2)    Approval for a demonstration project may be on any terms that the Minister considers reasonable.


Minister may enter into agreement

54   (1)    The Minister may, on any terms or conditions that the Minister prescribes, enter into an agreement with a person, agency, organization, association, institution or other body in or outside the Province respecting fees, subsidization, capital costs, operating costs, or the establishment of facilities.

 

       (2)    The Minister may enter into agreements with the Government of Canada respecting contributions to the cost of operating or providing day care in the Province.


Day care fee subsidies

55   (1)    A parent who pays another person for child care in a facility or an approved family day care home may apply to the Minister for a day care fee subsidy.

Subsection 55(1) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    An application for a fee subsidy must be in the form approved by the Minister and must include all of the information required by subsection (4).

 

       (3)    The Minister may determine the terms and conditions for a fee subsidy.

 

       (4)    In order to determine the eligibility of a parent to receive a fee subsidy or to verify information obtained from a parent in respect of their eligibility or ongoing eligibility to receive a fee subsidy, the parent must provide all of the following documentation and information at the time of application and at the request of the Minister at any time during which the parent is in receipt of a fee subsidy:

 

                (a)    proof of age;

 

                (b)    as applicable,

 

                         (i)     proof of marriage,

 

                         (ii)    proof of divorce,

 

                         (iii)   proof of cohabitation;

 

                (c)    proof of parentage or guardianship;

 

                (d)    proof of citizenship or, if not a citizen, proof of residency;

 

                (e)    proof of income;

 

                (f)    proof of expenses;

 

                (g)    proof of assets;

 

                (h)    the social insurance number of each of the parents and, if applicable, the parent’s spouse;

 

                (i)     the income tax assessment form of each of the parents and, if applicable, the parent’s spouse; and

 

                (j)     an authorization for the release, obtaining or verifying of information about the parents and child, including information or documents

 

                         (i)     specified in clauses (a) to (i),

 

                         (ii)    respecting expenses,

 

                         (iii)   respecting income,

 

                         (iv)   respecting assets.

 

       (5)    If a parent refuses to provide the information, documentation or authorization required by subsection (4), the parent must be refused a fee subsidy or, if the parent is already receiving a fee subsidy, the fee subsidy must be discontinued.

 

       (6)    The Minister may determine the terms and conditions for recovering a fee subsidy that was paid in error or based on false or misleading information supplied by a parent or otherwise ought not to have been paid according to these regulations or any other law, and is entitled to use any legal recourse to recover the fee subsidy from a parent.


Advisory committees

56   The Minister may appoint a licensing review committee, a task force or an advisory committee as the Minister considers necessary for the proper administration of the Act and these regulations to carry out any duties that the Minister directs.

Section 56 added: O.I.C. 2011-116, N.S. Reg. 155/2011.


Form 1: License for Full-day Program, Part-day Program or School-age Program


 




Under the Day Care Act and the regulations, and subject to the limitations thereof, this license is issued to (legal entity) to operate the following program(s): (list the programs to be offered, e.g., full-day and school-age) at the day care facility under the name of (facility name) located at (facility address) effective (issue date) to and including (expiry date) on the following conditions:


Maximum number of children:

Age range:

Maximum number of children in each program:

Other terms, conditions or restrictions: _________________

________________________________________________

________________________________________________

Day Care Act


Province of Nova Scotia

Department of
Education and Early Childhood Development

License for

Day Care






___________________________

Minister of Education and Early Childhood Development

 


Form 1 amended: O.I.C. 2014-531, N.S. Reg. 226/2014.


Form 2: License for Family Home Day Care Program












Day Care Act


Province of Nova Scotia

Department of

Education and Early Childhood Development




Under the Day Care Act and the regulations, and subject to the limitations thereof, this license is issued to (legal entity) to operate a family home day care program under the name of (agency name), located at (agency address), effective (issue date) to and including (expiry date) on the following conditions:



License for Family

Home Day Care

Agency








___________________________

Minister of Education and Early Childhood Development

 


Form 2 amended: O.I.C. 2014-531, N.S. Reg. 226/2014.