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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 by O.I.C. 2011-116 (March 29, 2011, effective April 1, 2011), N.S. Reg. 155/2011




Table of Contents


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

Approval for alteration

No commitment to fund

Cancellation, suspension, refusal to renew

Inspections

Agency’s duties

Agency may approve care provider and family day care home

Agency may cancel approval

Compliance and enforcement standards

Program

Behaviour guidance

Building and space requirements

Equipment requirements

Outdoor play equipment and space requirements for facilities

Outdoor play supervision requirements for facilities

Outdoor play space requirements for family day care homes

Nutrition

Menus must be developed and followed

Infant feeding requirements

Health, safety and communicable disease control

Administering medicine to child

Responding to accident, communicable disease or serious incident

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

Qualifications for family home consultants

Requirements for care providers

Criminal record 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 agreements

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 or fewer than 30 hours per week;

 

“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.


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

 

(a)changing the physical dimensions of the indoor or outdoor space;

 

                (b)    changing the age range of the children for whom care is provided; and

 

                (c)    changing the maximum number of children for whom care is provided.

 

       (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.


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.


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);

 

                (e)    ensure that agency staff who provide care to children under its family home day care program have current first aid and infant CPR training from a recognized program approved by the Director;

 

                (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:

 

                (a)    the agency has completed a criminal record check for each person in the home who would be required by Section 43 to have a criminal record check completed once the person and home are approved, and the results of the criminal record checks are satisfactory to the agency;

 

                (b)    the agency has completed a child abuse register check for each person in the home who would be required by Section 43 to have a child abuse register check completed once the person and home are approved, and the results of the child abuse record checks are satisfactory to the agency;

 

                (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.


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 issue any other license to the licensee until the violation or deficiency is remedied by the licensee.


Program

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

 

       (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 promote full participation of all children, including those with diverse abilities, and must meet all of the following requirements:

 

(a)it must be developmentally and culturally appropriate;

 

                (b)    it must foster and enhance cognitive, creative, physical, emotional, social, and language development;

 

(c)it must address the individual and group needs of the children;

 

(d)it must provide a safe and nurturing environment for children;

 

       (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)    A children’s activity room in a facility must

 

                (a)    have at least 2.753 m2 (30 ft.2) of unobstructed indoor floor space for each child occupying the room; and

 

                (b)    provide natural lighting through a window or windows with a glass area of at least 10% of the total floor area.

 

       (2)    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; or

 

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

 

       (3)    A facility and a family home day care must be accessible and must not be located above the 2nd floor of a building.

 

       (4)    Each space within a facility that is used for the care of infants must

 

(a)be separate from spaces used by children of other ages;

 

(b)be located on the ground floor;

 

(c)include an infant activity room; and

 

(d)include a sleeping area that is

 

(i)in a room separated from the infant activity room,

 

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

 

(iii)supervised at all times when infants are present.

 

       (5)    A facility that is licensed to operate a full-day program for the care of infants or toddlers must contain a diapering area that is

 

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

 

(b)located next to a hand-washing sink; and

 

(c)not used for other purposes.

 

       (6)    A facility must have washroom and toilet facilities suitable for toddlers, preschoolers and school-age children that are

 

(a)either

 

(i)inside the facility, or

 

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

 

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

 

       (7)    A facility must have a separate washroom for staff.

 

       (8)    Clause (1)(b), subsection (3), and subclause (4)(d)(iii) also apply to family day care homes.

 

       (9)    A licensee holding a license issued in accordance with the former regulations is not required to comply with clause (1)(b) and subsections (3) and (7), and this exemption applies on renewal of the license at the request of the licensee.


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 Cribs and Cradles Regulations made under the Hazardous Products Act (Canada).

 

       (5)    A stroller used by staff or volunteers of a licensee for transporting infants must be equipped with a sun shade and a safety belt.

 

       (6)    A highchair or infant seat used by staff or volunteers of a licensee for seating an infant must be equipped with a safety belt.

 

       (7)    Playpens, jolly jumpers and baby walkers must not be used for children of any age.


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 enrolled in the day care program, other than infants;

 

(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 all of the infants enrolled in the program;

 

(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 meet all of the following requirements:

 

(a)it must be appropriate to the size of the outdoor play area;

 

                (b)    it must be appropriate to the age range of the children using the outdoor play area;

 

(c)it must be safe and well maintained;

 

                (d)    it must be designed for commercial use and installed according to the manufacturer’s specifications.

 

       (8)    A licensee with an existing outdoor play structure located at a facility on the coming into force of these regulations is not required to comply with the design and installation requirements of clause (7)(d), but any replacement of the structure must comply with clause (7)(d).


Outdoor play supervision requirements for facilities

23   (1)    Subject to subsection (2), an outdoor play space used by a facility must be supervised in accordance with the staff-to-children ratios and group sizes set out in Section 34 for a full-day program, a part-day program or a school-age program, as applicable.

 

       (2)    Children from 2 or more age ranges, other than infants, may use an outdoor play space at the same time if

 

                (a)    the space available for each child using the play space is at least as large as required by clause 22(3)(a); and

 

                (b)    the staff-to-children ratio is based on the youngest child in the group.

 

       (3)    Despite subsection (2), children other than infants may occasionally use an outdoor place space for infants if the staff-to-children ratio is based on the youngest child in the group.


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)Each meal served to a child who is enrolled in a day care program must

 

(a)be nutritious; and

 

                (b)    provide servings from each of the food groups identified by Health Canada.

 

       (3)    Each snack served to a child who is enrolled in a day care program must

 

(a)be nutritious; and

 

                (b)    provide servings from at least 2 of the food groups identified by Health Canada, including at least 1 serving of vegetables or fruit.

 

       (4)    Each child enrolled in a full-day program must be provided with a lunch, a morning snack and an afternoon snack.

 

       (5)    Each child enrolled in a part-day program and a school-age program must be provided with a snack.

 

       (6)    Subject to subsection (7), each child enrolled in a school-age program may bring a lunch from home or be provided with a lunch.

 

       (7)    Children who bring their lunch from home must eat apart from children who are provided with a lunch by the program.

 

(8)For a family home day care program,

 

                (a)    each child who is in attendance during a regular meal period must be provided with a meal; and

 

                (b)    each child who is in attendance before or after a regular meal period must be provided with a snack.


Menus must be developed and followed

26   (1)    A facility director or, in the case of a family home day care program, a care provider, must develop and follow menus.

 

(2)A menu must be kept on file for 12 months.

 

       (3)    A facility director or, for a family home day care program, a care provider, may make a substitution to a menu if

 

                (a)    the substitution is of equal nutritional value to the original menu item;

 

(b)the menu documents the substitution; and

 

(c)a record of the substitution is kept on file for 12 months.


Infant feeding requirements

27   (1)    Breast milk or formula provided by a parent for an infant must be

 

                (a)    labelled to specify the name of infant, the date received, and the contents;

 

(b)refrigerated at 4.0° C or lower; and

 

(c)stored in accordance with Provincial guidelines.

 

       (2)    Food provided by a parent for an infant must be dated, refrigerated if required, and used or discarded before the expiry date.

 

       (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.

 

       (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 area must be suitably ventilated and free from odours;

 

                (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 infants and toddlers must be

 

                         (i)     cleaned and sanitized at least twice weekly or more often if necessary,

 

(ii)checked daily for broken pieces or other hazards;

 

                (e)    toys used by preschoolers and school-age children must be cleaned and sanitized at least weekly or more often if necessary;

 

                (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)     a safety belt must be used for an infant when the infant is in a highchair, infant seat, or stroller;

 

                (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.


Responding to accident, communicable disease or serious incident

30   (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 or family day care home;

 

                (d)    a concern relating to the physical environment or an operational or safety practice in a facility or a family day care home that, in the opinion of a licensee, staff member, volunteer, parent, care provider or the Department, poses a risk to the children’s health, safety or well-being;

 

                (e)    abuse of a child within the meaning of the Children and Family Services Act by a staff member or a care provider.

 

       (2)    If an accident, communicable disease or other incident occurs that affects or could affect the health, safety or well-being of a child attending a day care program, the facility director or, in the case of a family home day care program, the care provider must do all of the following:

 

(a)immediately secure any necessary medical assistance;

 

(b)notify the parents of any child affected;

 

(c)notify the licensee;

 

                (d)    prepare an incident report, which must include all of the following:

 

                         (i)     a summary of the incident and the action taken by the licensee’s staff or care provider,

 

                         (ii)    the signature of each staff member and care provider involved,

 

                         (iii)   the signature of a parent of each child affected by the incident;

 

                (e)    place a copy of the incident report into the file of each child affected by the incident, as required by subclause 31(1)(h);

 

       (3)    If a serious incident occurs, the licensee must

 

(a)notify the Minister within 24 hours; and

 

                (b)    forward a copy of the incident report required by clause (1)(d) to the Minister no later than 7 days after the date of the serious incident.

 

       (4)    When a serious incident involves abuse of a child within the meaning of the Children and Family Services Act, a licensee must adhere to the Department’s protocol entitled Reporting and Investigating Allegations of Abuse and Neglect: A Protocol for Child Care Practitioners Working in Regulated Child Care and Child Protection Staff.


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 30(1)(d) of any incident affecting the health, safety or well-being of the child while attending the day care program;

 

                (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 enrolled 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, including times when activities take place outside of the facility or family day care home:


Table of Staff-to-Children Ratios and Maximum Group Sizes

Age Range of

Children in Group

Staff-to-Children Ratio

Maximum Group Size

Full-Day Program

Infant

1 to 4

10

Toddler

1 to 6

18

Preschooler

1 to 8

24

Part-Day Program

Toddler older than 30 months old

1 to12

24

Preschooler

1 to 12

24

School-Age Program

School age

1 to 15

30

Family Home Day Care Program

Any age*

1 to 6

6

Infants

1 to 3

3

School age

1 to 8

8

(*Subject to the requirement in subsection 34(6) that a group of children in a family home day care program include no more than 2 infants and 3 toddlers.)

 

       (2)    The staff-to-children ratio for a group of children 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 groups of children in the facility and the children’s health and safety will not be compromised by the reduction.

 

       (3)    A group of children enrolled in a day care program must not be larger than the maximum group size specified for that program in the table in subsection (1).

 

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

 

       (5)    In a facility, if a group of children includes children in 2 or more age ranges so that different staff-to-children ratios would otherwise apply, the staff-to-children ratio and the maximum group size applicable for the age range of the youngest child present in the group must be applied to the group.

 

       (6)    In a family home day care program, a group of children may include children in more than one age range, but only if no more than 2 of the children are infants and no more than 3 of the children are toddlers.


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.

 

       (2)    Before May 1, 2012, at least 2/3 of the staff of a facility must be persons who have completed a training program in early childhood education or its equivalent.

 

       (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;

 

(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)    Effective May 1, 2012, a facility must be staffed in accordance with the following requirements:

 

                (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.


Staff classification and school-age training approval

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

 

       (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 and who does not have a classification referred to in this Section must complete the orientation training approved by the Minister by January 1, 2013, or 1 year after their date of employment, whichever is later.

 

       (7)    The Minister may issue an entry-level classification to a facility staff person who has completed the orientation training in accordance with subsection (6).


Continuing professional development for facility staff

38   Each facility staff person and facility director who holds a classification or school-age training approval under Section 37 must

 

                (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

40   (1)    A person who begins working on or after May 1, 2012, as the director of a facility that offers programming for all ages must have a level 2 or level 3 classification.

 

       (2)    A person who begins working on or after May 1, 2012, as the director of a facility that offers only school-age programming must have a level 2 or level 3 classification or school-age training approval.

 

       (3)    A person who begins working as a facility director before May 1, 2012, must have the qualifications referred to in subsections 36(2).

 

       (4)    If a facility director qualified in accordance with subsection (3) participates in programs or incentives implemented by the Minister to increase their qualifications, the Minister may require the facility director to meet the requirements of subsection (1) or (2), as applicable.


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 and child abuse register checks

43   (1)    A licensee must complete a criminal record check for each of the following persons:

 

                (a)    any person who is 18 years old or older who has, or will have, contact with children enrolled in a program operated by the licensee, or with the children’s records, including volunteers in a day care program;

 

                (b)    any person who is 18 years old or older who lives in a home where there is a licensed facility operated by the licensee or, in the case of a family home day care program, in a family day care home operated by the licensee.

 

       (2)    A licensee must complete a child abuse register check for each of the following persons:

 

                (a)    any person who is 13 years old or older who has, or will have, contact with children enrolled in a program operated by the licensee, or with the children’s records, including volunteers in a day care program;

 

                (b)    any person who is 13 years old or older who lives in a home where there is a licensed facility operated by the licensee or, in the case of a family home day care program, in a family day care home operated by the licensee.

 

       (3)    A licensee must keep the results of the criminal record checks and child abuse register checks on file and update them as required by the Minister.


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.

 

       (2)    Notice of a sale or closure under clause (1)(b) or subclause (1)(d)(i) must be given at least 120 days before the date of the sale or closure.

 

(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 facility director or agency director 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.

 

       (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 facility director or agency director must provide the Minister with information about the composition of its parent committee.

 

       (7)    A facility director or agency director must immediately notify the Minister of any changes in the composition of the parent committee.

 

       (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 agreements

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 may apply to the Minister for a day care fee subsidy.

 

       (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

 

 

 

 

 

 

 

 

 

 

 

 

Day Care Act


Province of Nova Scotia

Department of
Community Services




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: _________________

________________________________________________

________________________________________________



License for

Day Care






___________________________

Minister of Community Services

 

 




 

Form 2: License for Family Home Day Care Program











Day Care Act


Province of Nova Scotia

Department of

Community Services




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 Community Services