O. Reg. 261/20: GENERAL

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ontario regulation 261/20

made under the

Child Care and Early Years Act, 2014

Made: June 11, 2020
Filed: June 11, 2020
Published on e-Laws: June 12, 2020
Printed in The Ontario Gazette: June 27, 2020

Amending O. Reg. 137/15

(GENERAL)

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

“emergency child care centre” means a child care centre for children of essential workers that is funded by the Ministry and meets the criteria set out in subparagraphs 4 i, ii and iii of Ontario Regulation 51/20 (Order Under Subsection 7.0.2 (4) of the Act — Closure of Establishments) made under the Emergency Management and Civil Protection Act, as that Regulation read on June 10, 2020; (“centre de garde d’urgence”)

(2) The definition of “serious occurrence” in subsection 1 (1) of the Regulation is amended by adding the following clause:

(c.1) a confirmed or suspected case of the coronavirus (COVID-19) in respect of,

(i) a child who receives child care at a home child care premises or child care centre,

(ii) a home child care provider,

(iii) a home child care visitor,

(iv) a parent of a child mentioned in subclause (i), or

(v) a staff member at a child care centre,

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

(3) For the purpose of clause (c.1) of the definition of “serious occurrence” in subsection (1), a person is suspected of having the coronavirus (COVID-19) if the person,

(a) exhibits symptoms of the virus; and

(b) has been tested or has indicated that they will be tested.

2. Items 17 and 18 of Table 1 of section 78 of the Regulation are revoked and the following substituted:

 

17.	Regulation, s. 8, s. 88.6 (2)	Ratios and maximum group sizes, child care centre	2000 × number of children that exceed the number specified in s. 8; or 3000 × number of persons that exceed the number specified in s. 88.6 (2)
18.	Regulation, s. 8.1, s 88.6 (3)	Licensed family age groups	2000 × number of children that exceed the number specified in s. 8.1; or 3000 × number of persons that exceed the number specified in s. 88.6 (3)

 

3. The heading to Part IV.1 of the Regulation is revoked and the following substituted:

Special Rules Relating to the Coronavirus (COVID-19)

4. Section 88.2 of the Regulation is amended by adding the following subsections:

(1.1) Despite subsection 6.1 (1), if any part of a policy, procedure or individualized plan mentioned in that subsection is inconsistent with the coronavirus (COVID-19) policy required by subsection 88.5 (1) or a direction of a medical officer of health relating to the outbreak of the coronavirus (COVID-19), the licensee is not required to,

(a) implement the part of the policy, procedure or individualized plan that is inconsistent with the coronavirus (COVID-19) policy or direction; or

(b) update the policy, procedure or individualized plan to eliminate the inconsistency.

(1.2) Despite subsection 46 (5), if any part of an approach set out in a licensee’s program statement is inconsistent with the coronavirus (COVID-19) policy required by subsection 88.5 (1) or a direction of a medical officer of health relating to the outbreak of the coronavirus (COVID-19), the licensee is not required to,

(a) implement the part of the approach that is inconsistent with the coronavirus (COVID-19) policy or direction; or

(b) update the approach to eliminate the inconsistency.

(1.3) Despite clause 47 (1) (c) and subsection 47 (4), a licensee may reduce the amount of time that children referred to in those provisions are required to spend outdoors if doing so is necessary in order to comply with the coronavirus (COVID-19) policy required by subsection 88.5 (1) or any direction of a medical officer of health relating to the outbreak of the coronavirus (COVID-19).

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

Access to premises — outbreak of the coronavirus (COVID-19)

88.3 The following circumstance is prescribed for the purpose of clause 10 (2) (d) of the Act:

1. If preventing a parent from entering the premises is necessary in order to implement the coronavirus (COVID-19) policy required by subsection 88.5 (1) or a direction of a medical officer of health relating to the outbreak of the coronavirus (COVID-19).

Records re visitors

88.4 (1) Every licensee shall ensure that up-to-date records of the following matters are kept and made available for inspection by an inspector or program adviser at all times:

1. The name of each person who enters a child care centre or premises at which home child care is provided.

2. The person’s contact information.

3. The time of the person’s arrival and departure.

(2) Subsection (1) does not apply with respect to the following persons:

1. A child who receives child care at the centre or premises.

2. A home child care provider.

3. A person who is ordinarily resident at the home child care premises.

4. A person who is regularly at the home child care premises.

(3) The records listed in subsection (1) shall be kept, as the case may be,

(a) on the premises of the child care centre at which the child receives child care; or

(b) at the home child care premises where the child receives child care or at the home child care agency overseeing the provision of such care.

(4) Every licensee shall ensure that the records required to be maintained under this section with respect to a person mentioned in paragraph 1 of subsection (1) are kept for at least one year after the date the record is made.

(5) Every licensee shall ensure that,

(a) the medical officer of health or his or her designate, upon producing proper identification, is permitted to inspect the records referred to in subsection (1); and

(b) copies of those records are provided to him or her on request.

COVID-19 health and safety protocols

88.5 (1) Every licensee shall ensure that each child care centre it operates and each premises where it oversees the provision of home child care or in-home services has a coronavirus (COVID-19) policy that is consistent with any direction of a medical officer of health and that includes the following information:

1. Actions that will be implemented to sanitize the centre or premises and the indoor and outdoor equipment, materials and furnishings therein.

2. An explanation of how confirmed or suspected cases of the coronavirus (COVID-19) will be reported.

3. A description of physical distancing measures that will be implemented.

4. Information with respect to how staff shifts will be scheduled to minimize the risks with respect to the coronavirus (COVID-19).

5. Information with respect to the rescheduling or cancellation of pre-planned group events and in-person meetings.

6. A description of the procedures that will be followed when a child is dropped off at and picked up from the centre or premises.

(2) Every licensee shall ensure that the policy is made available, free of charge, to,

(a) each parent considering whether to enter into an agreement with the licensee for the provision of child care; and

(b) each parent of a child enrolled at the centre or premises.

(3) Every licensee of a child care centre shall ensure that the policy is reviewed with every employee.

(4) Every licensee of a home child care agency shall ensure that the policy is reviewed with each home child care provider at each premises where it oversees the provision of home child care, as well as with each home child care visitor that it employs.

(5) At least two days before a child care centre that was, due to the emergency, ordered to be closed under the Emergency Management and Civil Protection Act intends to resume its operations, the licensee shall submit the following information in writing to the Ministry:

1. Confirmation that the licensee has complied with subsections (1) to (3).

2. The date that the child care centre intends to resume operations.

(6) No later than 10 days after June 11, 2020 the licensee of a home child care agency shall submit to the Ministry a written confirmation that the licensee has complied with subsections (1), (2) and (4).

(7) Despite subsection 6.1 (1), a licensee shall ensure that the policy is implemented no later than the following dates:

1. In the case of a child care centre, the day the centre first resumes operation.

2. In the case of a home child care premises, the day that the information is submitted to the Ministry under subsection (6).

(8) This section does not apply to a child care centre that is operating as an emergency child care centre.

Reopening after emergency closures

88.6 (1) This section applies to child care centres, other than those operating as emergency child care centres, and home child care agencies beginning on the day on which all child care centres that were ordered to be closed under the Emergency Management and Civil Protection Act due to the emergency are no longer ordered to be closed.

(2) Despite subclause 8 (1) (c) (ii) and Column 4 of Schedule 1, the maximum number of both children and employees in the group shall be 10.

(3) Despite paragraph 1 of subsection 8.1 (1), the maximum number of both children and employees in the group shall be 10.

(4) Every licensee shall ensure that there are no volunteers or students present at a child care centre it operates or at a premises where it oversees the provision of home child care.

(5) Every licensee shall ensure that, before any person proceeds beyond the entranceway of a child care centre or home child care premises, the person is screened for symptoms of the coronavirus (COVID-19).

(6) Every licensee of a home child care agency shall ensure that each day, before providing child care, the home child care provider screens the following persons for symptoms of the coronavirus (COVID-19):

1. The home child care provider, himself or herself.

2. Each person who is ordinarily a resident of the home child care premises or regularly at the premises, if the person is present at the premises before child care is provided. Otherwise, the person shall be screened in accordance with subsection (5).

(7) Every licensee shall ensure that records of the screening required by subsections (5) and (6) are kept for at least 12 months from the date the record is made,

(a) on the premises of the child care centre at which the child receives child care; or

(b) at the home child care premises where the child receives child care and at the home child care agency overseeing the provision of such care.

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

(a) each licensed age group is separated by a floor to ceiling barrier while indoors; and

(b) each person in a licensed age group is separated by at least two metres from any person who is not in the group while outdoors.

(9) No licensee shall charge or collect a fee or deposit in relation to prioritizing a child’s admission or re-admission to a child care centre or home child care agency.

(10) No licensee shall penalize or charge or collect a fee or deposit from a person who is offered a placement for his or her child at a child care centre but does not accept the placement.

(11) No licensee shall penalize or charge or collect a fee or deposit from a person whose child attended a child care centre immediately before the emergency was declared if the child is not offered a placement at that centre.

(12) For each child who received child care at a home child care premises immediately before the emergency was declared and who, at any point after the emergency was declared and before this section applied to the licensee, ceased to receive care at the premises, the licensee shall ensure that,

(a) if the child’s placement is still available on the first day that this section applies to the licensee, the parent of the child is notified on that day that the child’s placement will be available, without payment of a fee, for a 30-day period beginning on that day;

(b) if the child’s placement is not available on the first day that this section applies to the licensee, the parent of the child is notified on the first day that a placement becomes available for the child that the placement will be available, without payment of a fee, for a 30-day period beginning on that day;

(c) unless the parent declines the placement, the placement remains available for the child for the 30-day period;

(d) no fee or deposit is charged or collected during the 30-day period; and

(e) no parent is penalized for using the full 30-day period to decide whether to accept the placement.

(13) For greater certainty, any action taken to delay a child’s admission to a child care centre, even if taken at a later date, would be considered to be penalizing a person under this section.

EarlyON Child and Family Centres

88.7 (1) Every operator of an EarlyON child and family centre shall ensure that the centre is closed.

(2) Despite subsection (1), temporary access to an EarlyON child and family centre is authorized, unless otherwise prohibited by any applicable law, for the purposes of,

(a) performing work at the centre in order to comply with any applicable law;

(b) preparing the centre to be reopened;

(c) allowing for inspections, maintenance and repairs to be carried out at the centre;

(d) allowing for security services to be provided at the centre; and

(e) attending at the centre temporarily,

(i) to deal with other critical matters relating to the closure of the centre, if the critical matters cannot be attended to remotely, or

(ii) to access materials, goods or supplies that may be necessary for the centre to be operated remotely.

(3) Nothing in this section precludes the remote operation of a centre, without attending at the centre, for the purpose of,

(a) providing goods by mail or other forms of delivery or making goods available for pick-up; and

(b) providing services online, by telephone or other remote means.

Commencement

6. This Regulation comes into force on the day it is filed.

 

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