O. Reg. 51/18: GENERAL

Français

ontario regulation 51/18

made under the

Child Care and Early Years Act, 2014

Made: February 21, 2018
Filed: March 1, 2018
Published on e-Laws: March 1, 2018
Printed in The Ontario Gazette: March 17, 2018

Amending O. Reg. 137/15

(GENERAL)

1. (1) The definition of “licensed age group” in subsection 1 (1) of Ontario Regulation 137/15 is amended by striking out “Schedule 1, 2 or 3” and substituting “Schedule 1 or 3”.

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

(3) The definition of “Schedule 1 child care centre” in subsection 1 (1) of the Regulation is revoked.

2. (1) Subparagraph 1 i of subsection 3 (1) of the Regulation is amended by striking out “family support program” at the end and substituting “child and family program”.

(2) Subparagraph 2 ii of subsection 3 (1) of the Regulation is amended by striking out “family support program” and substituting “child and family program”.

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

(2) In this section,

“child and family program” means a program or service funded by the Ministry that promotes early learning and child development and supports parents and other individuals in their caregiving role.

3. (1) Subparagraph 2 i of section 3.1 of the Regulation is revoked and the following substituted:

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

(2) Subparagraph 2 iii of section 3.1 of the Regulation is revoked and the following substituted:

iii. operated by a member of YMCA Canada or by a member of Boys and Girls Clubs of Canada,

iii.1 operated by a member of a provincial sport organization or multi-sport organization recognized by the Ministry of Tourism, Culture and Sport, where the program’s activities are related to the sport or sports promoted by the organization,

4. (1) Subsections 6.1 (2) to (6) of the Regulation are revoked.

(2) Subsection 6.1 (7) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(7) Every licensee of a child care centre or home child care agency shall have written policies and procedures that set out,

. . . . .

5. Subsection 7 (1) of the Regulation is amended by striking out “infant/toddler” and by striking out “Schedule 1 or 2” and substituting “Schedule 1”.

6. Section 7.1 of the Regulation is revoked.

7. (1) Clause 8 (1) (a) of the Regulation is amended by striking out “Schedule 1, 2 or 3” at the end and substituting “Schedule 1 or 3”.

(2) Clause 8 (1) (c) of the Regulation is amended by striking out “Schedule 1, 2 or 3” in the portion before subclause (i) and substituting “Schedule 1 or 3”.

(3) Subsection 8 (1.1) of the Regulation is revoked.

(4) Subsection 8 (2) of the Regulation is amended by striking out “Schedule 1 or 2” and substituting “Schedule 1”.

(5) Paragraph 1 of subsection 8 (3) of the Regulation is amended by striking out “For a Schedule 1 child care centre” at the beginning.

(6) Paragraph 2 of subsection 8 (3) of the Regulation is revoked.

(7) Paragraphs 3, 4, 5 and 6 of subsection 8 (3) of the Regulation are amended by striking out “Schedule 1 or 2” wherever it appears and substituting in each case “Schedule 1”.

(8) Paragraph 4 of subsection 8 (4) of the Regulation is amended by striking out “or in respect of children younger than 12 months in a licensed infant/toddler group” at the end.

(9) Paragraphs 1, 2, 3 and 4 of subsection 8 (6) of the Regulation are amended by striking out “or licensed infant/toddler group” wherever it appears.

8. (1) Paragraph 5 of subsection 15 (1) of the Regulation is amended by adding “poisonous or” before “hazardous”.

(2) Subsection 15 (2) of the Regulation is revoked and the following substituted:

(2) Every licensee shall ensure that the spaces in each child care centre it operates that are referred to in paragraphs 5 and 6 of subsection (1), and the items kept in those spaces, are inaccessible to children.

9. (1) Subsection 16 (1) of the Regulation is amended by striking out “subsections (2), (3) and (4)” in the portion before clause (a) and substituting “subsections (2) and (3)”.

(2) Clause 16 (1) (a) of the Regulation is amended by striking out “infant/toddler”.

(3) Subsection 16 (4) of the Regulation is revoked.

10. (1) Clause 17 (1) (a.1) of the Regulation is revoked.

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

11. (1) Paragraph 1 of subsection 19 (2) of the Regulation is amended by striking out “infant/toddler group”.

(2) Paragraph 2 of subsection 19 (2) of the Regulation is revoked.

(3) Paragraph 4 of subsection 19 (2) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

4. A cradle or crib for each child who,

. . . . .

(4) Subparagraphs 4 i and ii of subsection 19 (2) of the Regulation are revoked and the following substituted:

i. is younger than 18 months, or

ii. is younger than 12 months and is in a licensed family age group.

(5) Paragraph 5 of subsection 19 (2) of the Regulation is amended by striking out “infant/toddler group or”.

(6) Subsection 19 (3) of the Regulation is amended by striking out “and clean”.

12. Section 20 of the Regulation is amended by striking out “infant/toddler”.

13. Clause 24 (3) (b) of the Regulation is amended by striking out “infant/toddler”.

14. (1) Paragraph 1 of subsection 27 (3) of the Regulation is revoked and the following substituted:

1. For each infant who receives home child care at the premises, a cradle, crib or playpen, and bedding.

(2) Subsection 27 (4) of the Regulation is amended by striking out “and clean”.

15. Subsection 32 (1) of the Regulation is revoked and the following substituted:

Medical officer of health directions, inspections

(1) Every licensee shall ensure that any direction of a medical officer of health with respect to any matter that may affect the health or well-being of a child receiving child care at a child care centre the licensee operates is carried out by the staff of the child care centre.

16. Clause 38 (1) (d) of the Regulation is revoked and the following substituted:

(d) the summary of the report is kept in accordance with section 82.

17. 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 allergies or food restrictions, and their respective allergens or restrictions,

(a) is posted in each cooking and serving area;

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

(c) is available and accessible in any other area in which children may be present.

18. (1) Clause 47 (1) (b) of the Regulation is amended by striking out “infant/toddler”.

(2) Subsection 47 (2) of the Regulation is amended by striking out “Schedule 1” in the portion before clause (a).

(3) Subsection 47 (2.1) of the Regulation is revoked.

19. Section 48 of the Regulation is amended by adding the following subsection:

(2) No employee or volunteer of the licensee, or student who is on an educational placement with the licensee, and no person who provides home child care or in-home services at a premises overseen by a home child care agency shall engage in any of the prohibited practices set out in subsection (1) with respect to a child receiving child care.

20. Clause 49 (a) of the Regulation is amended by striking out “staff or volunteers” and substituting “staff, volunteers or students”.

21. Subsection 54 (3) of the Regulation is revoked.

22. Subsection 55 (2) of the Regulation is amended by striking out “or otherwise approved by a director” at the end.

23. Paragraph 1 of section 70 of the Regulation is amended by striking out “home and work addresses and”.

24. Paragraph 8 of subsection 72 (1) of the Regulation is amended by striking out “or any statement”.

25. Section 76 of the Regulation is revoked.

26. (1)  Items 6, 8 and 14 of Table 1 to section 78 of the Regulation are revoked and the following substituted:

 

6.

Act, s. 7

Prohibition – operation of home child care agency

2,000

 

. . . . .

 

8.

Act, s. 9

Prohibition – past conduct, child care providers, etc.

2,000

 

. . . . .

 

14.

Act, s. 31 (4)

Obligation to produce and assist

2,000

 

(2) Table 2 to section 78 of the Regulation is amended by adding the following items:

 

0.1	Regulation, s. 11.1 (1)	Supervision of volunteers and students at all times	1,000
0.2	Regulation, s. 15 (2)	Designated spaces and items inaccessible to children	1,000
0.3	Regulation, s. 30.1 (1) and (2) (a)	Bodies of water	1,000
0.4	Regulation, s. 31	Hazards	1,000

 

(3) Item 3 of Table 2 to section 78 of the Regulation is revoked and the following substituted:

 

3.	Regulation, s. 48 (1)	Prohibited practices, licensee	2,000
3.1	Regulation, s. 60, 61.1 and 63	Duty to obtain reference check	1,000

 

27. Subsection 87.1 (3) of the Regulation is amended by striking out “family support programs” and substituting “child and family programs”.

28. Section 88.1 of the Regulation is amended by adding the following paragraphs:

7. Subsection 31 (4) of the Act (Obligation to produce and assist).

8. Section 35 of the Act (Criminal reference checks).

29. The title to Schedule 1 to the Regulation is revoked and the following substituted:

SCHEDULE 1
REQUIREMENTS RE Child care centres

30. Schedule 2 to the Regulation is revoked.

Commencement

31. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Sections 2 and 3, subsections 11 (3) and (6) and sections 14 to 16, 19, 20, 22, 24 and 26 to 28 come into force on the later of July 1, 2018 and the day this Regulation is filed.

 

 

Français