O. Reg. 126/16: GENERAL

filed May 9, 2016 under Child Care and Early Years Act, 2014, S.O. 2014, c. 11, Sched. 1

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ontario regulation 126/16

made under the

Child Care and Early Years Act, 2014

Made: May 4, 2016
Filed: May 9, 2016
Published on e-Laws: May 9, 2016
Printed in The Ontario Gazette: May 28, 2016

Amending O. Reg. 137/15

(GENERAL)

1. (1) Subsection 1 (1) of Ontario Regulation 137/15 is amended by adding the following definition:

“child with medical needs” means a child who has one or more chronic or acute medical conditions such that he or she requires additional supports, accommodation or assistance; (“enfant ayant des besoins médicaux”)

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“individualized plan” means,

(a) an individualized plan required under section 39 for a child with an anaphylactic allergy, and

(b) an individualized support plan required under section 52 for a child with special needs; (“plan individualisé”)

(3) The definition of “individualized plan” in subsection 1 (1) of the Regulation, as made by subsection (2), is amended by striking out “and” at the end of clause (a) and by adding the following clause:

(a.1) an individualized plan required under section 39.1 for a child with medical needs; and

(4) The definition of “licensed age group” in subsection 1 (1) of the Regulation is amended by striking out “Schedule 1 or 2” and substituting “Schedule 1, 2 or 3”.

(5) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“licensed family age group” is a group of children, whether or not from the same family, for which a licensee is licensed to provide child care at a child care centre in accordance with section 8.1; (“groupe autorisé de regroupement familial”)

(6) The definition of “mixed-age grouping” in subsection 1 (1) of the Regulation is amended by striking out “Schedule 1” and substituting “Schedule 1 or 2”.

(7) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“qualified employee” means a person described in section 54; (“employé qualifié”)

(8) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“Schedule 1 child care centre” means a child care centre that is determined under subsection 7.1 (1) to be a Schedule 1 child care centre, and “Schedule 2 child care centre” has a corresponding meaning; (“centre de garde relevant de l’annexe 1”, “centre de garde relevant de l’annexe 2”)

(9) The definition of “serious occurrence” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“serious occurrence” means,

(a) the death of a child who received child care at a home child care premises or child care centre,

(b) abuse, neglect or an allegation of abuse or neglect of a child while receiving child care at a home child care premises or child care centre,

(c) a life-threatening injury to or a life-threatening illness of a child who receives child care at a home child care premises or child care centre,

(d) an incident where a child who is receiving child care at a home child care premises or child care centre goes missing or is temporarily unsupervised, or

(e) an unplanned disruption of the normal operations of a home child care premises or child care centre that poses a risk to the health, safety or well-being of children receiving child care at the home child care premises or child care centre; (“incident grave”)

2. (1) Section 2 of the Regulation is amended by adding the following subsection:

(1.1) A program or service described in paragraph 7 of subsection 4 (1) of the Act is not provided in exempt circumstances for the purposes of subsection 4 (1) of the Act if it is provided,

(a) by a private school (within the meaning of the Education Act); or

(b) as part of a camp that,

(i) is not operated for more than 13 weeks in a calendar year,

(ii) is not operated on days on which instruction is typically provided for pupils enrolled in schools, and

(iii) provides care or supervision every weekday for at least two hours each day.

(2) Clause 2 (2) (a) of the Regulation is amended by striking out “September 1” and substituting “the first day of school”.

3. (1) Subparagraph 1 iv of subsection 3 (1) of the Regulation is revoked and the following substituted:

iv. is provided only for pupils who are enrolled, or eligible to be enrolled, to begin junior kindergarten in a school within 12 months after the day the program or service starts, and

(2) Subparagraph 4 i of subsection 3 (1) of the Regulation is revoked and the following substituted:

i. is operated by a family support program provided for children who are four years old or older or, if the care or supervision is provided on or after the first day of school in a calendar year, will attain the age of four in that year,

(3) Subsection 3 (1) of the Regulation is amended by adding the following paragraphs:

Protecting Child Performers Act, 2015

5. Care or supervision that is provided as part of a program or service for child performers when the child is at the workplace in accordance with the Protecting Child Performers Act, 2015.

Social services or health-related services

6. Care or supervision that is provided as part of a program or service where,

i. the purpose of the program or service is to permit a parent of a child to have access to training, education, social or health services delivered by a community or health-related organization, and such services are provided on the same premises where the care or supervision is provided to the child,

ii. a parent of the child receiving the care or supervision remains on the premises throughout the time the care or supervision is provided, and

iii. a parent of a child receiving the care or supervision is readily available to attend to the child if required.

4. (1) The Regulation is amended by adding the following section:

Exception re other programs or services (transitional)

3.1 Subsection 6 (1) of the Act does not apply in respect of the provision of child care if the child care is provided as part of a program that meets the following criteria:

1. The program operates on weekdays for no more than one period of three or fewer consecutive hours each day.

2. The program is,

i. operated by a school board, a First Nation, the Métis Nation of Ontario or a municipality,

ii. part of Ontario’s After School Program funded by the Ministry of Tourism, Culture and Sport,

iii. a member of YMCA Canada, of a Boys and Girls Clubs of Canada or of a provincial multi-sport organization recognized by the Ministry of Tourism, Culture and Sport,

iv. operated by an agency or attraction of the Ministry of Tourism, Culture and Sport,

v. authorized by the local service system manager to offer child care in their service area provided that the program can demonstrate to the local service system manager that it offers programming that supports the health, safety, and well-being of children, or

vi. authorized by a First Nation to offer child care on their territory provided that the program can demonstrate to the First Nation that it offers programming that supports the health, safety and well-being of children.

(2) Section 3.1 of the Regulation, as made by subsection (1), is revoked and the following substituted:

Authorized recreational and skill building programs

3.1 Subsection 6 (1) of the Act does not apply in respect of the provision of child care if the child care is provided as part of a program that meets the criteria set out in paragraphs 1 to 4 of subsection 6 (4) of the Act and the following criteria:

1. The program operates on weekdays for no more than one period of three or fewer consecutive hours each day.

2. The program is,

i. operated by a school board, a First Nation, the Métis Nation of Ontario, or a municipality,

ii. part of Ontario’s After School Program funded by the Ministry of Tourism, Culture and Sport,

iii. a member of YMCA Canada, of a Boys and Girls Clubs of Canada or of a provincial multi-sport organization recognized by the Ministry of Tourism, Culture and Sport,

iv. operated by an agency or attraction of the Ministry of Tourism, Culture and Sport,

5. Subsection 6 (5) of the Regulation is revoked and the following substituted:

(5) Every licensee of a home child care agency shall employ at least one home child care visitor, who shall be a person described in section 56, who shall provide support at and monitor each premises where the licensee oversees the provision of home child care, and who shall be responsible to the licensee.

6. The Regulation is amended by adding the following section before the heading “RATIOS OF EMPLOYEES TO CHILDREN AND GROUP SIZE”:

Implementation and review of policies, procedures and individualized plans

6.1 (1) Every licensee shall ensure that the policies, procedures and individualized plans it is required to have under this Regulation are implemented at each child care centre it operates and at each premises where it oversees the provision of home child care.

(2) Every licensee shall review the policies, procedures and individualized plans at least annually and ensure they are current.

(3) Every licensee of a child care centre shall ensure that the policies, procedures and individualized plans are reviewed as follows at the child care centre:

1. With employees, before they begin their employment.

2. With volunteers or students who will be interacting with children at the child care centre, before they begin to volunteer or before they begin their educational placement.

3. With each person described in paragraph 1 or 2, at least annually after the first review and at any other time when changes are made to a policy, procedure or individualized plan.

(4) Every licensee of a home child care agency shall ensure that the policies, procedures and individualized plans are reviewed as follows at every premises where it oversees the provision of home child care:

1. With each home child care provider at each premises, before any child is placed at that premises.

2. With volunteers or students who will be interacting with children at the premises, before they begin to volunteer or before they begin their educational placement.

3. With persons who are ordinarily residents of the premises or regularly at the premises, before they begin interacting with the children.

4. With home child care visitors, before they begin their employment.

5. With each person described in paragraph 1, 2, 3 or 4, at least annually after the first review and at any other time when changes are made to a policy, procedure or individualized plan.

(5) Every licensee of a home child care agency shall ensure that the policies and procedures are reviewed by persons who work at the home child care agency before they begin their employment, at least annually after the first review and at any other time when changes are made to a policy or procedure.

(6) Every licensee shall ensure that a record is kept with the date of each review conducted under subsection (2), (3), (4) or (5) and that each record is signed by each person who conducted or participated in the review, or in the case of a review made by a licensee that is a corporation, by an officer or employee of the corporation who had knowledge of the review.

(7) Every licensee of a child care centre or home child care agency shall have a written process that sets out,

(a) how compliance with the policies, procedures and individualized plans will be monitored on an ongoing basis, recorded and addressed; and

(b) how contraventions of the policies, procedures and individualized plans will be monitored on an ongoing basis, recorded and addressed.

(8) Every licensee shall ensure that records of compliance or contraventions are kept in accordance with section 82.

7. (1) Section 7 of the Regulation is revoked and the following substituted:

Age categories

7. (1) In this Part, a reference to a child by an age category name set out in Column 1 of Schedule 1, such as “infant”, “toddler” and so on, means a child whose age is within the age range set out in Column 2 of Schedule 1 for that age category.

(2) Where this Part sets out different rules based on a child’s age category or the age category of a licensed age group, the following applies in respect of children in a group in which mixed-age grouping is used:

1. If a rule is stated as applying to a licensed age group, or to a child in a licensed age group, the rule applies to each child in the group as if each child’s age fell within the age range of the licensed age group.

2. If a rule is stated as applying to a child of a specific age or to a specific age category, the rule applies to a child in the group according to whether his or her actual age is the specified age or is within the age range for the age category.

(2) Subsection 7 (1) of the Regulation, as remade by subsection (1), is revoked and the following substituted:

Age categories

(1) In this Part, a reference to a child by an age category name, such as “infant”, “infant/toddler”, “toddler” and so on, means a child whose age is within the age range set out in Schedule 1 or 2 for that age category.

8. The Regulation is amended by adding the following section:

Schedule 1 or Schedule 2 child care centre

7.1 (1) The following rules shall be used to determine whether a child care centre is a Schedule 1 child care centre or a Schedule 2 child care centre:

1. Every child care centre, other than a child care centre for children with special needs, that had a licence on August 31, 2017 is a Schedule 1 child care centre until the licensee makes an application described in paragraph 3.

2. If a licensee is issued a new licence to operate a child care centre on or after September 1, 2017, the child care centre shall be a Schedule 1 or Schedule 2 child care centre if it is so indicated on the licence.

3. If a licensee of a child care centre applies for a revision to its licence in order to become a Schedule 1 or Schedule 2 child care centre and the application is approved, the child care centre shall be a Schedule 1 or Schedule 2 child care centre, in accordance with the revised licence.

(2) The determination under subsection (1) that a child care centre is a Schedule 1 or Schedule 2 child care centre, and any rule in this Regulation that applies to a Schedule 1 or Schedule 2 child care centre, does not apply with respect to any licensed family age groups that may receive child care in the child care centre or to any child in such a licensed family age group.

9. (1) Clause 8 (1) (c) of the Regulation is revoked and the following substituted:

(c) for every licensed age group, the requirements set out in Schedule 1 or 2 that are applicable for the age group respecting,

(i) the ratio of employees to children,

(ii) the maximum number of children in the group, and

(iii) the proportion of employees that must be qualified employees,

are satisfied, whether children are on the premises or during activities off the premises, unless otherwise approved by a director.

(2) Subsections 8 (2), (3) and (4) of the Regulation are revoked and the following substituted:

(2) A director may give approval for a child care centre to use mixed-age grouping for any licensed age group set out in Schedule 1.

(3) Despite clause (1) (c), where a director has approved the use of mixed-age grouping for a licensed age group, the requirements applicable to the group in the following situations respecting the matters mentioned in subclauses (1) (c) (i), (ii) and (iii) shall be determined as follows:

1. If a licensed toddler or preschool group,

i. includes no more than 20 per cent children from a younger age category, the requirements set out in Schedule 1 for toddlers or preschool children apply, and

ii. includes more than 20 per cent children from a younger age category, the requirements set out in Schedule 1 for the youngest child in the group apply.

2. If, in a licensed kindergarten group, no more than 25 per cent of the children are three years old, or if the child care is provided on or after the first day of school in a calendar year, will attain the age of three in that year, and all other children are kindergarten children, then the requirements set out in Schedule 1 for kindergarten children apply.

3. If, in a licensed primary/junior school age group, no more than 25 per cent of the children are kindergarten children, and all other children are primary/junior school age children, the requirements set out in Schedule 1 for primary/junior school age children apply.

4. If, in a licensed junior school age group, no more than 25 per cent of the children are 68 months or older but younger than nine years, and all other children are junior school age children, the requirements set out in Schedule 1 for junior school age children apply.

5. If a licensed kindergarten, primary/junior school age or junior school age group includes more than 25 per cent children from a younger age category, the requirements set out in Schedule 1 for the youngest child in the group apply.

(4) Despite subsections (1) and (3), the ratio of employees to children for a licensed age group may be reduced to less than that required under those subsections, in accordance with the following:

1. The reduced ratio shall not be less than two-thirds of the required ratio.

2. The reduced ratio shall not apply in respect of a licensed infant group.

3. The reduced ratio shall not apply during outdoor play periods.

4. The reduced ratio shall be in effect only during the periods of arrival and departure of children and during the rest period.

(3) Subsections 8 (1), (2), (3) and (4) of the Regulation, as amended by subsections (1) and (2), are revoked and the following substituted:

Ratios and maximum group sizes, child care centre

(1) Every licensee shall ensure that in each child care centre it operates,

(a) the children are placed in groups according to the age categories set out Schedule 1, 2 or 3;

(b) every licensed age group includes only children whose age falls within the age category of the group, subject to subsection (2);

(c) for every licensed age group, the requirements set out in Schedule 1, 2 or 3 that are applicable for the age group respecting,

(i) the ratio of employees to children,

(ii) the maximum number of children in the group, and

(iii) the proportion of employees that must be qualified employees,

are satisfied, whether children are on the premises or during activities off the premises, unless otherwise approved by a director.

(1.1) Despite subclause (1) (c) (i), if a licensed preschool group in a Schedule 2 child care centre includes four or more children who are under 30 months old, there shall be one additional employee for the group.

(2) A director may give approval for a child care centre to use mixed-age grouping for any licensed age group set out in Schedule 1 or 2.

1. For a Schedule 1 child care centre, if a licensed toddler or preschool group,

i. includes no more than 20 per cent children from a younger age category, the requirements set out in Schedule 1 for toddlers or preschool children apply, and

ii. includes more than 20 per cent children from a younger age category, the requirements set out in Schedule 1 for the youngest child in the group apply.

2. For a Schedule 2 child care centre,

i. if, in a licensed infant/toddler group, no more than 20 per cent of the children are 10 months or older but younger than 12 months, and all other children are 12 months or older but younger than 24 months, then the requirements set out in Schedule 2 for children 12 months or older but younger than 24 months apply,

ii. if, in a licensed preschool group, no more than 20 per cent of the children are from a younger age group, then the requirements set out in Schedule 2 for preschool children apply, and

iii. if, in a licensed preschool group, more than 20 per cent of the children are from a younger age group, then the requirements set out in Schedule 2 for infant/toddler children apply.

3. If, in a licensed kindergarten group, no more than 25 per cent of the children are three years old, or if the child care is provided on or after the first day of school in a calendar year, will attain the age of three in that year, and all other children are kindergarten children, then the requirements set out in Schedule 1 or 2 for kindergarten children apply.

4. If, in a licensed primary/junior school age group, no more than 25 per cent of the children are kindergarten children, and all other children are primary/junior school age children, the requirements set out in Schedule 1 or 2 for primary/junior school age children apply.

5. If, in a licensed junior school age group, no more than 25 per cent of the children are 68 months or older but younger than nine years, and all other children are junior school age children, the requirements set out in Schedule 1 or 2 for junior school age children apply.

6. If a licensed kindergarten, primary/junior school age or junior school age group includes more than 25 per cent children from a younger age category, the requirements set out in Schedule 1 or 2 for the youngest child in the group apply.

(4) Despite subsections (1) and (3), the ratio of employees to children for a licensed age group may be reduced to less than that required under those subsections, in accordance with the following:

1. The reduced ratio shall not be less than two-thirds of the required ratio.

2. The reduced ratio shall not apply at any time in respect of a licensed infant group or in respect of children younger than 12 months in a licensed infant/toddler group.

3. The reduced ratio shall not apply during outdoor play periods.

4. For a child care centre that has a program that runs for six hours or more in a day, the reduced ratio shall be in effect for no more than ninety minutes after the program starts each day and no more than one hour before it ends.

5. For a child care centre that has a program that runs for less than six hours a day, the reduced ratio shall be in effect for no more than half an hour after the program starts each day and no more than half an hour before it ends.

(4) Subsection 8 (6) of the Regulation is revoked and the following substituted:

(6) Every licensee shall ensure that, at each child care centre it operates, the following rules are satisfied regarding the attendance of adults:

1. Where fewer than six children who are not in a licensed infant group or licensed infant/toddler group receive child care, there is at least one adult in attendance.

2. Where six or more children who are not in a licensed infant group or licensed infant/toddler group receive child care, there are at least two adults in attendance.

3. Where fewer than four children in a licensed infant group or licensed infant/toddler group receive child care, there is at least one adult in attendance.

4. Where four or more children in a licensed infant group or licensed infant/toddler group receive child care, there are at least two adults in attendance.

(7) This section does not apply in respect of children in licensed family age groups.

10. The Regulation is amended by adding the following section:

Licensed family age groups

8.1 (1) A licensee may be licensed to provide child care for a licensed family age group that meets the following age requirements:

1. The group shall not include more than 15 children.

2. The group shall not include more than six children who are younger than 24 months.

(2) Every licensee that provides child care for a licensed family age group shall ensure that the requirements determined as follows respecting the number and qualifications of employees who provide child care to the licensed family age group are satisfied, whether children are on the premises or during activities off the premises:

1. Classify each child according to his or her age category, as set out in Schedule 4.

2. Determine the total number of children in each age category.

3. For each age category, multiply the number of children in the age category by the ratio set out in Column 2 of Schedule 4 opposite the age category, expressed as a decimal.

4. Find the total of the numbers determined under paragraph 3 for all age categories.

5. Round the number determined under paragraph 4 up to the nearest whole number.

6. The number determined under paragraph 5 is the minimum number of employees required to provide child care to the group, unless one of the following applies:

i. If there are more than six children, there must be at least two employees providing child care to the group.

ii. If there are more than 10 children and one or more children are younger than 12 months, there must be at least three employees providing child care to the group.

iii. If there are six or fewer children, and no more than two children are younger than 24 months, only one employee is required to provide child care to the group.

7. The number of employees determined under paragraph 6 that must be qualified employees is,

i. if fewer than three employees are required under paragraph 6, then at least one employee must be a qualified employee, and

ii. if three or more employees are required under paragraph 6, then at least two of the employees must be qualified employees.

(3) If a licensed family age group includes children who are 44 months or older and, but for such children, the number of employees determined under paragraph 6 of subsection (2) would be lower, then the greater number of employees is required only when such children are present.

11. (1) Subsection 10 (1) of the Regulation is revoked and the following substituted:

Resource teacher

(1) A licensee of an integrated child care centre or home child care agency may employ a resource teacher to plan and implement individual and small group experiences for children with special needs who receive child care in the child care centre or at a premises where the licensee oversees the provision of home child care, and in respect of whom funds are provided under the Act.

(2) Subsection 10 (2) of the Regulation is amended by striking out “under subsection 8 (1) or (3)” at the end and substituting “under section 8”.

12. The Regulation is amended by adding the following section before the heading “BUILDING, EQUIPMENT AND PLAYGROUND — CHILD CARE CENTRES”:

Supervision of volunteers and students

11.1 (1) Every licensee shall ensure that every volunteer or student at a child care centre it operates or at a premises where it oversees the provision of home child care is supervised by an employee or home child care provider at all times and is not permitted to be alone with any child who receives child care at the child care centre or home child care premises.

(2) Every licensee shall ensure that there are written policies and procedures regarding volunteers and students that set out, at a minimum,

(a) the requirement described in subsection (1);

(b) the roles and responsibilities of the licensee and supervising employees; and

13. Subsection 13 (2) of the Regulation is amended by adding “or revision” after “renewal”.

14. (1) Subsection 16 (1) of the Regulation is revoked and the following substituted:

Play activity space

(1) Subject to subsections (2), (3) and (4), every licensee of a child care centre shall ensure that each child care centre it operates has play activity space of at least,

(a) 2.8 square metres of unobstructed floor space for each child in a licensed infant, infant/toddler, toddler, preschool or family age group, based on the licensed capacity; and

(b) 2.58 square metres of unobstructed floor space for each child in a licensed kindergarten, primary/junior school age or junior school age group, based on the licensed capacity.

(2) Section 16 of the Regulation is amended by adding the following subsection:

(4) A director may approve a smaller amount of space than required under clause (1) (a) for children in a licensed infant/toddler group in the following situations, provided that the amount of unobstructed floor space is at least 2.33 square metres for each child:

1. The licensee previously operated a Schedule 1 child care centre and the same room or area that was used for a licensed infant or toddler group is subsequently used for a licensed infant/toddler group, without any renovation of the room or area other than a renovation to create a separate sleeping area, if necessary.

2. The licensee submitted floor plans for the construction or renovation of a child care centre to the Director before June 1, 2016, and the floor plans were approved.

3. The child care centre is located in a school and construction for the child care centre was,

i. approved by the Ministry before June 1, 2016 in accordance with the requirements set out in the Ministry’s policy memorandum “2015: B11 Capital Funding for New Construction of Child Care”, or

ii. included in a jointly approved plan submitted to the Ministry before June 1, 2016 in accordance with the requirements set out in the Ministry’s policy memoranda “2012: EL3 Schools-First Child Care Capital Retrofit Policy”, “2012: EL4: Schools-First Child Care Capital Retrofit Policy – Funding and Implementation”, “2013: EY3 Schools-First Child Care Capital Retrofit Policy – Board by Board Allocations for 2013-14 and Policy Updates”.

15. (1) Subsection 17 (1) of the Regulation is amended by adding the following clause:

(a.1) each licensed infant/toddler group has a separate play activity room and, if the group requires cribs or cradles, has a separate sleeping area that is separated from any play activity area;

(2) Clause 17 (1) (c) of the Regulation is revoked and the following substituted:

(3) Subsection 17 (1) of the Regulation is amended by striking out “and” at the end of clause (c), by adding “and” at the end of clause (d) and by adding the following clause:

(e) each licensed family age group has a separate play activity room and, if the group requires cribs or cradles, has a separate sleeping area that is separated from any play activity area.

(4) Subsection 17 (2) of the Regulation is revoked.

(5) Section 17 of the Regulation is amended by adding the following subsection:

(2) For the purposes of clause (1) (a.1), two or more licensed infant/toddler groups may use the same sleeping area provided that there are no more than 12 children sleeping in the room at any time.

16. Paragraphs 1, 2, 4, 5 and 6 of subsection 19 (2) of the Regulation are revoked and the following substituted:

1. A table or counter space that is adjacent to a sink and suitable for dressing or changing the diaper of one child at a time for every licensed infant group, infant/toddler group, toddler group or family age group.

2. For every licensed preschool group in a Schedule 2 child care centre, a space that is suitable for dressing or changing the diaper of one child at a time and access to a sink.

. . . . .

4. A cradle or crib that complies with the standards for cradles and cribs in the regulations made under the Canada Consumer Product Safety Act for each child who,

i. is younger than 18 months and receives child care in a Schedule 1 child care centre, or

ii. is younger than 12 months and is in a licensed infant/toddler group or a family age group.

5. A crib or cot, in accordance with any written instruction from the child’s parent, for each child in a licensed infant/toddler group or family age group who is 12 months or older but younger than 24 months and who receives child care for six hours or more.

6. A cot for each child in a licensed toddler group who receives child care for six hours or more.

7. Unless otherwise approved by a director, a cot for each child who receives child care for six hours or more and,

i. is in a licensed preschool group, or

ii. is 24 months or older but younger than five years and is in a licensed family age group.

17. Section 20 of the Regulation is amended by striking out “preschool or kindergarten groups” and substituting “infant/toddler, preschool, kindergarten or family age groups”.

18. (1) Clause 24 (3) (b) of the Regulation is amended by striking out “toddler or preschool groups” and substituting “infant/toddler, toddler, preschool or family age groups”.

(2) Section 24 of the Regulation is amended by adding the following subsections:

(4) Every licensee shall ensure that, at each child care centre it operates, any outdoor play space, fixed play structure or surfacing under those structures that is constructed or renovated on or after August 29, 2016 meets the requirements set out in the Canadian Standards Association standard CAN/CSA-Z614-14, “Children’s playspaces and equipment”, as amended from time to time.

(5) Every licensee shall ensure that at each child care centre it operates,

(a) a playground safety policy is developed that reflects the Canadian Standards Association standard mentioned in subsection (4) and indicates the roles and responsibilities of employees regarding safety on playgrounds;

(b) daily, monthly and annual inspections of the outdoor place space, fixed play structures and surfacing are conducted in accordance with the requirements set out in the Canadian Standards Association standard mentioned in subsection (4);

(d) a playground repair log is maintained.

19. (1) Subsection 27 (1) of the Regulation is amended by striking out “policies, practices and procedures” and substituting “policies and procedures”.

(2) Paragraph 2 of subsection 27 (3) of the Regulation is amended by adding “unless otherwise approved by a director” at the end.

20. Section 29 of the Regulation is amended by adding “who receives home child care at the premises” after “no child”.

21. The Regulation is amended by adding the following section:

Bodies of water

30.1 (1) Every licensee shall ensure that in each premises where the licensee oversees the provision of home child care, no child under six years old who receives home child care at the premises is permitted to use or have access to any standing or recreational body of water on the premises.

(2) If a licensee that oversees the provision of home child care at a premises permits children who are six years old or older who receive home child care at the premises to use or have access to a standing or recreational body of water at the premises, the licensee shall,

(a) ensure that, at all times when the children use or have access to the body of water, a lifeguard is present who meets the requirements of clauses 17 (6) (a) and (b) of Regulation 565 of the Revised Regulations of Ontario, 1990 (Public Pools) made under the Health Protection and Promotion Act; and

(b) have written policies and procedures regarding children’s use of and access to the body of water.

22. Section 33 of the Regulation is amended by striking out “and that those policies and procedures are followed in the centre or premises” at the end.

23. The Regulation is amended by adding the following section:

Sleep policies and supervision

33.1 (1) Every licensee shall ensure that a child who is younger than 12 months who receives child care at a child care centre it operates or at a premises where it oversees the provision of home child care is placed for sleep in a manner consistent with the recommendations set out in the document entitled “Joint Statement on Safe Sleep: Preventing Sudden Infant Deaths in Canada”, published by the Public Health Agency of Canada, as amended from time to time, unless the child’s physician recommends otherwise in writing.

(2) Every licensee shall ensure that, if child care is provided for a child who regularly sleeps at a child care centre the licensee operates or at a premises where it oversees the provision of home child care,

(a) an employee or the home child care provider periodically performs a direct visual check of each sleeping child by being physically present beside the child while the child is sleeping and looking for indicators of distress or unusual behaviours;

(b) there is sufficient light in the sleeping area or room to conduct direct visual checks; and

(c) there are written policies and procedures at the child care centre or home child care premises with respect to sleep, and the policies and procedures,

(i) provide that children will be assigned to individual cribs or cots in accordance with this Regulation,

(ii) provide that parents will be consulted respecting a child’s sleeping arrangements at the time the child is enrolled and at any other appropriate time, such as at transitions between programs or rooms or upon a parent’s request,

(iii) provide that parents of children younger than 12 months will be advised of the licensee’s obligation under subsection (1),

(iv) provide that parents of children who regularly sleep at the child care centre or home child care premises will be advised of the centre’s or agency’s policies and procedures regarding children’s sleep,

(v) provide that the observance of any significant changes in a child’s sleeping patterns or behaviours during sleep will be communicated to parents and will result in adjustments to the manner in which the child is supervised during sleep, and

(vi) include details regarding the performance of direct visual checks, including how frequently direct visual checks will be performed and how direct visual checks will be documented.

(3) In determining the matters described in clause (2) (c) (vi) in respect of children who are enrolled with a home child care agency and who receive child care at a home child care premises, the licensee shall consider parents’ input, the sleep environment at the premises and the proximity of the sleeping area or room to the child care provider when the child is sleeping.

(4) Every licensee shall ensure that in each child care centre it operates that has a separate area or room for sleeping, there is a system in place to immediately identify which children are present in the area or room.

(5) Every licensee shall ensure that if electronic sleep monitoring devices are used at a child care centre it operates or at a premises where it oversees the provision of home child care,

(a) each electronic sleep monitoring device is able to detect and monitor the sounds and, if applicable, video images, of every sleeping child;

(b) the receiver unit of the electronic sleep monitoring device is actively monitored by employees at the child care centre or the home child care provider at all times;

(d) electronic sleep monitoring devices are not used as a replacement for the direct visual checks required under clause (2) (a).

24. (1) Subsection 35 (1) of the Regulation is amended by adding “or private school” after “school”.

(2) Subsection 35 (2) of the Regulation is amended by striking out “in writing” wherever it appears.

(3) Section 35 of the Regulation is amended by adding the following subsections:

(3) Objections and medical reasons under subsection (2) shall be submitted in a form approved by the Minister.

(4) An exemption under subsection (2) that was made before August 29, 2016 shall expire on September 1, 2017 unless a new objection or medical reasons are submitted in a form approved by the Minister before that date.

25. (1) Clause 38 (a) of the Regulation is amended by striking out “and that those policies and procedures are followed in the centre or premises” at the end and substituting “that address, at a minimum, how to identify, respond to and report a serious occurrence”.

(2) Clause 38 (b) of the Regulation is amended by striking out “of its happening” at the end and substituting “of the licensee or supervisor becoming aware of the occurrence”.

(3) Section 38 of the Regulation is amended by adding the following subsection:

(2) Every licensee of a child care centre or home child care agency shall,

(a) conduct an annual analysis of all serious occurrences that occurred in the previous year at each child care centre operated by the licensee and at each premises where the licensee oversees the provision of home child care; and

(b) keep records of the actions taken in response to the analysis.

26. (1) Subsection 39 (1) of the Regulation is amended by adding “or in-home services” after “home child care” in the portion before paragraph 1.

(2) Paragraph 3 of subsection 39 (1) of the Regulation is revoked and the following substituted:

3. Development of an individualized plan for each child with an anaphylactic allergy who,

i. receives child care at a child care centre the licensee operates, or

ii. is enrolled with a home child care agency and receives child care at a premises where it oversees the provision of home child care or in-home services.

(3) Subsection 39 (2) of the Regulation is revoked and the following substituted:

(2) The individualized plan referred to in paragraph 3 of subsection (1) shall,

(a) be developed in consultation with a parent of the child and with any regulated health professional who is involved in the child’s health care and who, in the parent’s opinion, should be included in the consultation; and

(b) include a description of the procedures to be followed in the event of an allergic reaction or other medical emergency.

27. The Regulation is amended by adding the following section:

Children with medical needs

39.1 (1) Every licensee shall develop an individualized plan for each child with medical needs who,

(a) receives child care at a child care centre it operates; or

(b) is enrolled with a home child care agency and receives child care at a premises where it oversees the provision of home child care or in-home services.

(2) The individualized plan shall be developed in consultation with a parent of the child and with any regulated health professional who is involved in the child’s health care and who, in the parent’s opinion, should be included in the consultation.

(3) The plan shall include,

(a) steps to be followed to reduce the risk of the child being exposed to any causative agents or situations that may exacerbate a medical condition or cause an allergic reaction or other medical emergency;

(b) a description of any medical devices used by the child and any instructions related to its use;

(d) a description of the supports that will be made available to the child in the child care centre or premises where the licensee oversees the provision of home child care or in-home services; and

(e) any additional procedures to be followed when a child with a medical condition is part of an evacuation or participating in an off-site field trip.

(4) Despite subsection (1), a licensee is not required to develop an individualized plan under this section for a child with an anaphylactic allergy if the licensee has developed an individualized plan for the child under section 39 and the child is not otherwise a child with medical needs.

28. Clause 42 (1) (a) of the Regulation is amended by striking out “infant” and substituting “child”.

29. Subsection 43 (3) of the Regulation is revoked and the following substituted:

(3) Every licensee of a child care centre shall ensure that, in each child care centre it operates, a list setting out the names of the children receiving child care in the child care centre who have food allergies or other food restrictions, and their respective allergies or restrictions, is posted,

(a) in each cooking and serving area;

(b) in each play area or play room; and

30. (1) Subsection 45 (1) of the Regulation is amended by adding the following clause:

(a.1) information about the requirement regarding supervision of volunteers and students set out in subsection 11.1 (1) and about the policies and procedures required under subsection 11.1 (2);

(2) Subsection 45 (1) of the Regulation is amended by adding the following clause:

(a.2) a copy of the licensee’s policies and procedures required under section 45.1 regarding how parents’ issues and concerns will be addressed;

(3) Subsection 45 (1) of the Regulation is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

(d) for a child care centre, a statement that the child care centre has emergency management policies and procedures described in section 68.1 and a statement regarding how parents will be notified if an emergency occurs.

31. The Regulation is amended by adding the following section:

Parent issues and concerns

45.1 Every licensee shall ensure that there are written policies and procedures that set out how parents’ issues and concerns will be addressed, including details regarding,

(a) the steps for parents to follow when they have an issue or concern to bring forward to the licensee;

(b) the steps to be followed by a licensee and its employees in responding to an issue or concern brought forward by a parent; and

32. (1) The French version of subsection 46 (2) of the Regulation is revoked and the following substituted:

(2) L’énoncé de programme reflète une vision des enfants comme étant compétents, capables, curieux et pleins de potentiel.

(2) The French version of clause 46 (3) (b) of the Regulation is amended by striking out “réceptives” and substituting “attentives”.

(3) The French version of clause 46 (3) (d) of the Regulation is amended by striking out “la curiosité” and substituting “l’enquête”.

(4) The French version of clause 46 (3) (h) of the Regulation is revoked and the following substituted:

h) favoriser l’engagement des parents et une communication continue à propos du programme et de leurs enfants;

33. (1) Clause 47 (1) (a) of the Regulation is revoked.

(2) Clause 47 (1) (b) of the Regulation is amended by striking out “infant and toddler” and substituting “infant, infant/toddler and toddler”

(3) Section 47 of the Regulation is amended by adding the following subsection:

(1.1) Every licensee of a child care centre shall ensure that where it operates a child care program that operates only before or after school, the program is arranged so that it includes at least 30 minutes of outdoor time each day, weather permitting, unless otherwise approved by a director or a physician or parent of the child advises otherwise in writing.

(4) Subsection 47 (2) of the Regulation is revoked and the following substituted:

(2) Every licensee shall ensure that the program in each Schedule 1 child care centre it operates is arranged so that,

(a) each child in a licensed toddler or preschool group who receives child care for six hours or more in a day has a rest period each day not exceeding two hours in length; and

(b) each child in a licensed toddler, preschool or kindergarten group is permitted to sleep, rest or engage in quiet activities based on the child’s needs.

(2.1) Every licensee shall ensure that the program in each Schedule 2 child care centre it operates is arranged so that,

(a) each child in a licensed preschool group who receives child care for six hours or more in a day has a rest period each day not exceeding two hours in length; and

(b) each child in a licensed preschool or kindergarten group is permitted to sleep, rest or engage in quiet activities based on the child’s needs.

(2.2) Every licensee shall ensure that for each licensed family age group for whom it provides child care, the program is arranged so that,

(a) each child in the group who is 24 months or older but younger than five years who receives child care for six hours or more in a day has a rest period each day not exceeding two hours in length;

(b) each child in the group who is 24 months or older but younger than seven years is permitted to sleep, rest or engage in quiet activities based on the child’s needs; and

(c) the program provided to the group, including the play activity space, reflects the safety and development needs of the children that are in the group.

(5) The French version of clause 47 (3) (b) of the Regulation is amended by striking out “tranquilles” and substituting “calmes”.

34. Clauses 48 (b) to (e) of the Regulation are revoked and the following substituted:

(b) physical restraint of the child, such as confining the child to a high chair, car seat, stroller or other device for the purposes of discipline or in lieu of supervision, unless the physical restraint is for the purpose of preventing a child from hurting himself, herself or someone else, and is used only as a last resort and only until the risk of injury is no longer imminent;

(c) locking the exits of the child care centre or home child care premises for the purpose of confining the child, or confining the child in an area or room without adult supervision, unless such confinement occurs during an emergency and is required as part of the licensee’s emergency management policies and procedures;

(d) use of harsh or degrading measures or threats or use of derogatory language directed at or used in the presence of a child that would humiliate, shame or frighten the child or undermine his or her self-respect, dignity or self-worth;

(e) depriving the child of basic needs including food, drink, shelter, sleep, toilet use, clothing or bedding; or

(f) inflicting any bodily harm on children including making children eat or drink against their will.

35. Sections 50 and 51 of the Regulation are revoked.

36. (1) Section 54 of the Regulation is revoked and the following substituted:

Qualified employees

54. (1) The following are qualified employees for any licensed age group:

1. An employee who is a member in good standing of the College of Early Childhood Educators.

2. An employee who is otherwise approved by a director.

(2) With respect to a licensed junior school age group or a licensed primary/junior school age group that includes only children who are junior school age, the following are also qualified employees:

1. An employee who has a diploma or degree in child and youth care.

2. An employee who has a diploma or degree in recreation and leisure services.

3. A member in good standing with the Ontario College of Teachers.

(2) Section 54 of the Regulation, as remade by subsection (1), is amended by adding the following subsection:

(3) Despite amendments made to this Regulation on September 1, 2017 respecting the proportion of employees at a child care centre that are required to be qualified employees, a licensee is not required to terminate the employment of any person who was employed prior to that date solely to satisfy the requirement.

37. (1) Subsection 57 (3) of the Regulation is amended by striking out “in writing” wherever it appears.

(2) Section 57 of the Regulation is amended by adding the following subsections:

(4) Objections and medical reasons under subsection (3) shall be submitted in a form approved by the Minister.

(5) An exemption under subsection (3) that was made before August 29, 2016 shall expire on September 1, 2017 unless a new objection or medical reasons are submitted in a form approved by the Minister before that date.

38. (1) Subsection 58 (2) of the Regulation is revoked and the following substituted:

(2) Every licensee of a child care centre or home child care agency shall ensure that the following persons have a valid certification in standard first aid, including infant and child CPR, issued by a training agency recognized by the Workplace Safety and Insurance Board:

1. Every supervisor of a child care centre.

2. Every employee of a child care centre who may be counted for the purposes of meeting the ratios required under section 8.

3. Every provider of home child care or in-home services.

(3) A person is not required to have the certification mentioned in subsection (2) if the director is satisfied that the person would not be able to obtain the certification due to a disability.

(2) Paragraph 2 of subsection 58 (2) of the Regulation, as remade by subsection (1), is amended by adding “or 8.1” at the end.

39. The Regulation is amended by adding the following section:

Other persons at child care centre

61.1 (1) Every licensee of a child care centre shall obtain, in respect of any person who provides child care or other services to a child who receives child care at the child care centre, other than a person described in subsection 60 (1),

(a) an offence declaration from the person; or

(b) an attestation from the person’s employer or from the person or entity who retained the person’s services that,

(i) the employer, person or entity has obtained and reviewed a vulnerable sector check from that person,

(ii) the vulnerable sector check was performed within the last five years, and

(iii) the vulnerable sector check did not list any convictions for any offences under the Criminal Code (Canada) listed in subparagraph 1 ii of subsection 9 (1) of the Child Care and Early Years Act, 2014.

(2) A licensee shall obtain the offence declaration or attestation described in subsection (1) in respect of a person,

(a) before the person begins interacting with children at the child care centre; and

(b) every year thereafter, no later than 15 days after the anniversary date of the most recent offence declaration or attestation, if the person continues to provide such child care or other services.

40. (1) Clause 62 (1) (b) of the Regulation is amended by striking out “an offence declaration” and substituting “a new offence declaration”.

(2) Subsection 62 (2) of the Regulation is revoked and the following substituted:

(2) Each offence declaration shall address the period since the most recent offence declaration or vulnerable sector check and must be obtained by the licensee no later than 15 days after the anniversary date of the most recent offence declaration or vulnerable sector check.

41. (1) Clauses 65 (a) of the Regulation is revoked and the following substituted:

(a) the process for obtaining a vulnerable sector check or attestation;

(2) Clause 65 (c) of the Regulation is amended by striking out “vulnerable sector check or offence declaration” and substituting “vulnerable sector check, offence declaration or attestation”.

(3) Clause 65 (d) of the Regulation is amended by striking out “vulnerable sector check or offence declaration” and substituting “vulnerable sector check, offence declaration or attestation”.

42. The Regulation is amended by adding the following section:

Emergency management

68.1 (1) In this section,

“emergency” at a child care centre means an urgent or pressing situation in which immediate action is required to ensure the safety of children and adults in the child care centre.

(2) Subject to subsection (3), every licensee shall ensure that each child care centre it operates has written policies and procedures regarding the management of emergencies that,

(a) set out the roles and responsibilities of staff in case of an emergency;

(b) require that additional support, including consideration of special medical needs, be provided in respect of any child or adult who needs it in case of an emergency;

(d) set out the procedures that will be followed to ensure children’s safety and maintain appropriate levels of supervision;

(e) set out requirements regarding communications with parents;

(f) set out requirements regarding contacting appropriate local emergency response agencies; and

(g) address recovery from an emergency, including,

(i) requiring that staff, children and parents be debriefed after the emergency,

(ii) setting out how to resume normal operations of the child care centre, and

(iii) setting out how to support children and staff who may have experienced distress during the emergency.

(3) Despite subsection (2), a licensee is not required to have emergency management policies and procedures described in that subsection if,

(a) the child care centre is located in a school, the licensee uses or adopts the school’s emergency management policies and procedures and those policies and procedures address the same matters as described in subsection (2); or

(b) the licensee is otherwise required to have a plan that addresses the same matters as described in subsection (2).

43. (1) Paragraph 8 of subsection 72 (1) of the Regulation is revoked and the following substituted:

8. The child’s previous history of communicable diseases, conditions requiring medical attention and, in the case of a child who is not in attendance at a school or private school within the meaning of the Education Act, immunization or any statement or required form completed by a parent or legally qualified medical practitioner as to why the child should not be immunized.

(2) Subsection 72 (1) of the Regulation is amended by adding the following paragraphs:

9.1 A copy of any individualized plan.

. . . . .

12. A copy of any written recommendation referred to in subsection 33.1 (1) from a child’s physician regarding the placement of a child for sleep.

(3) Subsection 72 (4) of the Regulation is revoked.

44. (1) Subsection 78 (1) of the Regulation is amended by striking out “an item of the Table” and substituting “an item of Table 1 or Table 2”.

(2) Subsection 78 (2) of the Regulation is amended by striking out “an item of the Table” in the portion before clause (a) and substituting “an item of Table 1 or Table 2”.

(3) Subsection 78 (3) of the Regulation is amended by striking out “the Table” and substituting “Table 1”.

(4) Subsection 78 (4) of the Regulation is amended by striking out “an item of the Table” and substituting “an item of Table 1 or Table 2”.

(5) The title of the Table to section 78 of the Regulation is revoked and the following substituted:

Table 1

(6) Table 1 to section 78 of the Regulation is amended by adding the following items:

17.	Regulation, s. 8	Ratios and maximum group sizes, child care centre	2000 × number of children that exceed the number specified in s. 8
18.	Regulation, s. 8.1	Licensed family age groups	2000 × number of children that exceed the number specified in s. 8.1
19.	Regulation, s. 9	Home child care group sizes	2000 × number of children that exceed the number specified in s. 9
20.	Regulation, s. 11	Supervision by adult at all times	2000

(7) Section 78 of the Regulation is amended by adding the following Table:

Table 2

Item	Column 1 Contravened provisions	Column 2 Description of contravention	Column 3 Amount of administrative penalty, in dollars
1.	Regulation, clause 38 (b)	Reporting of serious occurrence	2,000
2.	Regulation, subclause 40 (1) (b) (ii) and clause 40 (1) (d)	Administration of drugs or medications	2,000
3.	Regulation, s. 48	Prohibited practices	2,000
4.	Regulation, s. 72 (1), (2), (3)	Records re children	750
5.	Regulation, s. 74	Records re home child care providers	750
6.	Regulation, s. 75	Copies of agreements	750

45. Section 81 of the Regulation is revoked and the following substituted:

Fee for licence

81. (1) The fees payable in respect of an application for a licence to operate a child care centre shall be determined by reference to the maximum number of children for whom child care may be provided at the child care centre, as set out in Column 1 of the Table to this subsection, and are as follows:

1. For an application for a new licence, the fee is the amount set out in Column 2 of the Table.

2. For an application for a renewal of a licence, which may include revisions to the licence, the fee is the amount set out in Column 3 of the Table.

3. For an application for a revised licence at any time other than upon renewal, the fee is,

i. $25, or

ii. if in the opinion of the program adviser, the revision requires him or her to visit the child care centre, the amount set out in Column 4 of the Table.

Table

Item	Column 1 Maximum number of children	Column 2 Fee for a new licence, in dollars	Column 3 Fee for renewal of a licence, in dollars	Column 4 Revision fee, in dollars
1.	0-24	200	100	50
2.	25-49	250	120	65
3.	50-74	300	140	75
4.	75-99	350	170	90
5.	100-124	400	200	100
6.	125 or more	450	230	115

(2) The fees payable in respect of an application for a licence to operate a home child care agency shall be determined by reference to the number of premises where the agency oversees the provision of home child care, as set out in Column 1 of the Table to this subsection, and are as follows:

1. For an application for a new licence, the fee is the amount set out in Column 2 of the Table.

2. For an application for a renewal of a licence, which may include revisions to the licence, the fee is the amount set out in Column 3 of the Table.

3. For an application for a revised licence at any time other than upon renewal, the fee is,

i. $25, or

ii. if in the opinion of the program adviser, the revision requires him or her to visit the home child care agency, the amount set out in Column 4 of the Table.

Table

Item	Column 1 Number of premises	Column 2 Fee for a new licence, in dollars	Column 3 Fee for renewal of a licence, in dollars	Column 4 Revision fee, in dollars
1.	0-25	200	100	50
2.	26-50	250	120	65
3.	51-75	300	140	75
4.	76-100	350	170	90
5.	101-125	400	200	100
6.	126- or more	450	230	115

(3) If a licensee does not apply to renew a licence and submit the renewal fee before its expiry, the fees applicable to a new licence shall apply.

46. The Regulation is amended by adding the following sections:

Publication of information

85.1 For the purposes of paragraph 3 of subsection 19 (2) of the Act, the following is prescribed as information the Minister may publish on a government website.

1. Information compiled in connection with a licensing inspection.

2. Information about verified complaints filed in respect of unlicensed child care providers.

Term of licence

85.2 For the purposes of clause 22 (1) (a) of the Act, a director may issue or renew a licence for a maximum period of two years.

47. Section 86 of the Regulation is revoked and the following substituted:

Provisional licences

86. (1) For the purposes of subclause 24 (1) (a) (iii) of the Act, the period within which non-compliance must be remedied, in the director’s opinion, is one year.

(2) For greater certainty, the director had the authority to issue provisional licences under subsection 24 (1) of the Act before the day subsection (1) came into force.

(3) For the purposes of subsection 24 (4) of the Act, the maximum term of a provisional licence is one year.

(4) For the purposes of subsection 24 (5) of the Act, the maximum term for which a provisional licence may be renewed is one year.

48. The Regulation is amended by adding the following sections:

Child care and early years programs and services plans

87.1 (1) For the purposes of clause 51 (2) (c) of the Act, child care and early years programs and services plans shall include steps to implement the plan.

(2) For the purposes of subsection 51 (3) of the Act, child care and early years programs and services plans shall be updated at least every five years.

(3) For the purposes of subsection 51 (4) of the Act, the service system manager shall consult with family support programs.

Prescribed offences

88.1 The following provisions are prescribed for the purposes of paragraph 13 of subsection 78 (1) of the Act:

1. Section 12 of the Act (Duty to disclose if not licensed and to retain record of disclosure).

2. Section 15 of the Act (Duty to provide receipt for payment).

3. Section 8 of this Regulation (Ratios and maximum group sizes, child care centre).

4. Section 11 of this Regulation (Supervision by adult at all times).

5. Section 48 of this Regulation (Prohibited practices).

6. Section 60 of this Regulation (Duty to obtain initial reference check).

49. Schedules 1 and 2 to the Regulation are revoked and the following substituted:

SCHEDULE 1
REQUIREMENTS RE Schedule 1 Child care centres

Item	Column 1 Name of age category	Column 2 Age range of age category	Column 3 Ratio of employees to children	Column 4 Maximum number of children in group	Column 5 Proportion of employees that must be qualified employees
1.	Infant	Younger than 18 months	3 to 10	10	1/3
2.	Toddler	18 months or older but younger than 30 months	1 to 5	15	1/3
3.	Preschool	30 months or older but younger than 6 years	1 to 8	24	2/3
4.	Kindergarten	44 months or older but younger than 7 years	1 to 13	26	1/2
5.	Primary/junior school age	68 months or older but younger than 13 years	1 to 15	30	1/2
6.	Junior school age	9 years or older but younger than 13 years	1 to 20	20	1/1

SCHEDULE 2
REQUIREMENTS RE CHILD CARE CENTREs FOR CHILDREN WITH SPECIAL NEEDS

Item	Column 1 Age range of age category	Column 2 Ratio of employees to children	Column 3 Maximum number of children in group	Column 4 Proportion of employees that must be qualified employees
1.	2 years or older but younger than 6 years	1 to 4	4	1/1
2.	6 years or older but younger than 13 years	1 to 3	3	1/1

50. Schedule 2 to the Regulation, as remade by section 49, is revoked and the following substituted:

SCHEDULE 2
REQUIREMENTS RE Schedule 2 Child care centres

Item	Column 1 Name of age category	Column 2 Age range of age category	Column 3 Ratio of employees to children	Column 4 Maximum number of children in group	Column 5 Proportion of employees that must be qualified employees
1.	Infant/Toddler	Younger than 24 months	Younger than 12 months: 1 to 3 12 months or older but younger than 24 months: 1 to 4	12	2/3
2.	Preschool	24 months or older but younger than 5 years	1 to 8	24	2/3
3.	Kindergarten	44 months or older but younger than 7 years	1 to 13	26	1/2
4.	Primary/junior school age	68 months or older but younger than 13 years	1 to 15	30	1/2
5.	Junior school age	9 years or older but younger than 13 years	1 to 20	20	1/1

SCHEDULE 3
REQUIREMENTS RE CHILD CARE CENTREs FOR CHILDREN WITH SPECIAL NEEDS

Item

Column 1

Age range of age category

Column 2

Ratio of employees to children

Column 3

Maximum number of children in group

Column 4

Proportion of employees that must be qualified employees

2 years or older but younger than 6 years

1 to 4

1/1

6 years or older but younger than 13 years

1 to 3

1/1

SCHEDULE 4
REQUIREMENTS RE Licensed FAMILY AGE GROUPS

Item	Column 1 Age range of age category	Column 2 Ratio of employees to children
1.	Younger than 12 months	1 to 3
2.	12 months or older but younger than 24 months	1 to 4
3.	24 months or older but younger than 13 years	1 to 8

Commencement

51. (1) Subject to subsections (2), (3), (4) and (5), this Regulation comes into force on the day it is filed.

(2) Section 45 comes into force on July 1, 2016.

(3) Subsections 1 (2), (7) and (9), sections 2 and 3, subsection 4 (1), sections 5 and 6, subsection 7 (1), 9 (1) and (2), sections 11, 12 and 13, subsections 15 (2), (4) and 18 (2), sections 19 to 26, 28 and 29, subsection 30 (1), section 32, subsections 33 (1) and (5), sections 34 and 35, subsection 36 (1), section 37, subsection 38 (1) and sections 40, 43, 46, 48 and 49 come into force on August 29, 2016.

(4) Subsection 33 (3) and sections 39, 41 and 44 come into force on January 1, 2017.

(5) Subsections 1 (1), (3), (4), (5), (6), (8), 4 (2) and 7 (2), section 8, subsections 9 (3) and (4), sections 10 and 14, subsections 15 (1), (3) and (5), sections 16 and 17, subsection 18 (1), section 27, subsections 30 (2) and (3), section 31, subsections 33 (2), (4), 36 (2) and 38 (2) and sections 42 and 50 come into force on September 1, 2017.

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O. Reg. 126/16: GENERAL

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