ontario regulation 197/26

made under the

Child Care and Early Years Act, 2014

Made: June 18, 2026
Filed: June 23, 2026
Published on e-Laws: June 23, 2026
Published in The Ontario Gazette: July 11, 2026

Amending O. Reg. 137/15

(GENERAL)

1. Section 6.1 of Ontario Regulation 137/15 is amended by adding the following subsection:

(2) Every licensee of a child care centre shall ensure that, if the policies, procedures and individualized plans that the licensee is required to have under this Regulation confer powers or impose duties on the supervisor of the child care centre, those policies, procedures and individualized plans identify one or more persons who shall be responsible for exercising those powers and duties in place of the supervisor in circumstances in which,

(a)  the supervisor is not on site; and

(b)  an urgent or pressing situation requires that the powers or duties be exercised immediately by an individual who is on site.

2. Section 11 of the Regulation is amended by adding the following subsection:

(2) Every licensee of a child care centre or home child care agency shall ensure that there are written policies and procedures respecting the supervision of children that,

(a)  set out strategies and steps that must be taken to ensure that the requirement in subsection (1) is met, including specifying,

(i)  when, how and how often children must be counted, and

(ii)  any modifications to the strategies and steps necessary to address varying needs of different age groups;

(b)  set out strategies and steps that must be taken in higher-risk circumstances, such as,

(i)  during periods of transition, such as when moving between rooms and between indoor and outdoor play spaces,

(ii)  during washroom visits,

(iii)  during arrivals and dismissals,

(iv)  during off-site field trips,

(v)  around gates in outdoor play spaces,

(vi)  in and around parking lots, and

(vii)  where sightlines are blocked, such as around play structures, staircases and spaces that wrap around corners;

(c)  set out the steps to be taken when a child is unaccounted for; and

(d)  identify the roles and responsibilities of employees or home child care providers, as the case may be, in relation to the strategies and steps referred to in clauses (a), (b) and (c).

3. Section 12 of the Regulation is amended by striking out “22 and 24” and substituting “22, 24, 24.1 and 24.2”.

4. Clause 13 (1) (e) of the Regulation is amended by striking out “Ontario Regulation 163/24 (Building Code) made under the Building Code Act, 1992” and substituting “the building code as defined in the Building Code Act, 1992”.

5. Subsection 14 (2) of the Regulation is revoked and the following substituted:

(2) The plans referred to in subsection (1) shall include,

(a)  space designated for each item listed in subsections 15 (1) and (3);

(b)  the location of any septic system access points on the premises; and

(c)  the location where any safety barrier required under section 24.2 is or will be located.

6. Subsection 21 (2) of the Regulation is amended by striking out “Ontario Regulation 163/24 (Building Code) made under the Building Code Act, 1992” at the end and substituting “the building code as defined in the Building Code Act, 1992”.

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

Septic system access points

24.1 (1) Every licensee of a child care centre shall ensure that,

(a)  there is no septic system access point within the centre’s outdoor play space; and

(b)  any septic system access point located on the premises where the child care centre is located,

(i)  is inaccessible to children,

(ii)  is secured in accordance with the requirements of the building code as defined in the Building Code Act, 1992, and

(iii)  includes a secondary safety device.

(2) Clause (1) (a) does not apply until July 1, 2027 in respect of a centre that was licensed before January 1, 2027.

(3) Clause (1) (a) does not apply to a centre that was licensed before January 1, 2027 if the centre requests an exemption to that provision and a director approves the exemption.

Motor vehicle impact protection

24.2 (1) Every licensee of a child care centre shall ensure that one or more safety barriers are maintained outside of the child care centre to protect individuals at the centre, including at its outdoor play space, from motor vehicle collisions.

(2) The licensee must maintain documentation indicating that the safety barriers meet industry-accepted standards.

(3) Subsection (1) does not apply if the licensee obtains documentation from a professional engineer indicating that, in their opinion, it is not necessary to erect a safety barrier outside of the child care centre due to the layout or design of the premises or buildings.

(4) Subsection (1) does not apply in respect of a centre that was licensed before January 1, 2027.

Hazards

24.3 (1) Every licensee of a child care centre shall make best efforts to ensure that the centre is safe by eliminating or mitigating risks posed by hazards at the premises, such as dangerous items at or conditions or features of the premises that could cause reasonably foreseeable harm to a child.

(2) The licensee shall notify parents of children enrolled in the centre of,

(a)  any hazard referred to in subsection (1); and

(b)  steps that the licensee has taken or will be taking to eliminate or mitigate the risk posed by the hazard that could cause harm to a child.

(3) Subsection (2) does not require the licensee to notify parents of hazards that are commonly found at a child care premises and managed by standard safety measures, such as by locking hazardous substances in a cabinet, covering electrical outlets with covers and increasing supervision on playgrounds.

Unauthorized entry

24.4 Every licensee of a child care centre shall implement measures to prevent unauthorized individuals from entering the centre when children are receiving child care at the centre.

8. Section 31 of the Regulation is revoked and the following substituted:

Septic system access points

31. Every licensee of a home child care agency shall ensure that any septic system access point located on the home child care premises meets the criteria set out under clause 24.1 (1) (b).

Hazards — home child care

31.1 (1) Every licensee shall make best efforts to ensure that each premises where the licensee oversees the provision of home child care is safe by eliminating or mitigating risks posed by hazards at the premises, such as dangerous items at or conditions or features of the premises that could cause reasonably foreseeable harm to a child.

(2) For greater certainty, the licensee shall ensure that all firearms and ammunition are locked up and the key, if any, is inaccessible to children.

(3) The licensee shall ensure that parents of children enrolled at a home child care premises are provided with notice of,

(a)  any hazard referred to in subsection (1); and

(b)  steps that the licensee has taken or will be taking to eliminate or mitigate the risk posed by the hazard that could cause harm to a child.

(4) Subsection (3) does not require parents to be notified of hazards that are commonly found at a home child care premises and managed by standard safety measures, such as by locking hazardous substances in a cabinet and covering electrical outlets with covers.

9. (1) Subclause 32 (2) (b) (i) of the Regulation is amended by striking out “a program adviser” and substituting “an inspector or program adviser”.

(2) Subclause 32 (2) (b) (ii) of the Regulation is amended by striking out “a program adviser” at the beginning and substituting “an inspector or program adviser”.

10. Clause 38 (1) (b) of the Regulation is amended by striking out “a program adviser” and substituting “an inspector or program adviser”.

11. Subsection 39 (2) of the Regulation is amended by striking out “and” at the end of clause (a) and by adding the following clause:

(a.1)  identify who may carry medication for the child for the purposes of subsection 40 (2); and

12. Subsection 39.1 (3) of the Regulation is amended by adding the following clause:

(b.1)  an identification of who may carry medication for the child for the purposes of subsection 40 (2);

13. Subsection 40 (2) of the Regulation is revoked and the following substituted:

(2) Despite subclauses (1) (b) (iii) and (iv) and clause (1) (c), the licensee shall permit a home child care provider, employee or child to carry the child’s medication if the individual is permitted to do so in accordance with the child’s individualized plan and,

(a)  the medication is for asthma, emergency allergies, diabetes or epilepsy; or

(b)  the licensee has documentation from a regulated health professional who is authorized to prescribe drugs, as defined in the Drug and Pharmacies Regulation Act, indicating that the nature of the child’s medication is such that, without immediate access to the medication by the child, the child’s health could be significantly at risk.

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

(a.1.0.1) information about the measures implemented under section 24.4 to prevent unauthorized individuals from entering the centre;

15. Subsection 48 (1) of the Regulation is amended by striking out “or” at the end of clause (e), by adding “or” at the end of clause (f) and by adding the following clause:

(g)  sexual abuse, sexual misconduct or engaging in a prescribed sexual act, as those terms are defined in the Early Childhood Educators Act, 2007.

16. Section 58 of the Regulation is amended by adding the following subsection:

(1.1) The policies and procedures referred to in subsection (1) must provide for training in respect of each policy and procedure that the licensee is required to have under this Regulation.

17. Section 62 of the Regulation is amended by adding the following subsection:

(5) Any person from whom a licensee is required to obtain a vulnerable sector check must notify the licensee immediately if the person is prohibited from providing child care under subsection 9 (1) of the Act.

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

Missing child procedures and drills

68.2 (1) Every licensee of a child care centre or home child care agency shall ensure that there are written policies and procedures regarding the management of an incident in which a child who is receiving child care is missing.

(2) The policies and procedures must,

(a)  address how to identify when a child should be considered missing so as to prompt the supervisor and other employees of the child care centre or the home child care provider to take the steps set out in the policy;

(b)  set out the steps that must be taken when a child is considered missing and the related roles and responsibilities of the supervisor and other employees of the child care centre or the home child care provider;

(c)  indicate when emergency services must be contacted; and

(d)  indicate when the parents of the child must be notified.

(3) Every licensee of a child care centre shall ensure that in respect of each centre it operates,

(a)  missing child drills are conducted at least once every three months; and

(b)  a written record is kept of all missing child drills and each record is kept for at least 12 months from the date of the drill.

19. The French version of section 80 of the Regulation is revoked and the following substituted:

Titulaire d’un poste supérieur désigné

80. (1) Le poste de directeur du ministère est prescrit pour l’application de la définition de «titulaire d’un poste supérieur désigné» au paragraphe 2 (1) de la Loi.

(2) Il est entendu qu’un directeur au sens du paragraphe 2 (1) de la Loi n’est pas un directeur du ministère.

20. (1) Subparagraph 3 ii of subsection 81 (1) of the Regulation is amended by striking out “the program adviser” and substituting “an inspector or program adviser”.

(2) Subparagraph 3 ii of subsection 81 (2) of the Regulation is amended by striking out “the program adviser” and substituting “an inspector or program adviser”.

21. Section 88.1 of the Regulation is amended by adding the following subsection:

(2) The offences mentioned in the following provisions of the Criminal Code (Canada) are prescribed for the purposes of subparagraph 1 iii of subsection 9 (1) of the Act:

1.  Every provision that is prescribed for the purposes of the definition of “prescribed sexual act” under the Early Childhood Educators Act, 2007.

2.  Section 281 (abduction of person under 14).

Commencement

22. (1) Except as otherwise provided in this section, this Regulation comes into force on the later of July 1, 2026 and the day this Regulation is filed.

(2) Sections 1 to 3, 5, 7, 8, 14, 16 and 18 come into force on the later of January 1, 2027 and the day this Regulation is filed.