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ontario regulation 442/20

made under the

Child Care and Early Years Act, 2014

Made: July 30, 2020
Filed: August 5, 2020
Published on e-Laws: August 5, 2020
Printed in The Ontario Gazette: August 22, 2020

Amending O. Reg. 137/15

(GENERAL)

1. (1) The definition of “emergency child care centre” in subsection 1 (1) of Ontario Regulation 137/15 is revoked.

(2) Clause (c.1) of the definition of “serious occurrence” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(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 person who is ordinarily a resident of a home child care premises,

(iv)  a person who is regularly at a home child care premises,

(v)  a home child care visitor,

(vi)  a parent of a child mentioned in subclause (i),

(vii)  a staff member at a child care centre, or

(viii)  a student at a home child care premises or child care centre,

2. Item 17 of Table 1 of section 78 of the Regulation is revoked and the following substituted:

 

17.

Regulation, s. 8

Ratios and maximum group sizes, child care centre

2000 × number of children that exceed the number specified in s. 8

 

3. (1) Subsection 88.5 (3) of the Regulation is amended by adding “and student” at the end.

(2) Subsection 88.5 (4) of the Regulation is amended by adding “and student” after “home child care provider”.

(3) Subsections 88.5 (6) to (8) of the Regulation are revoked.

4. (1) Subsection 88.6 (1) of the Regulation is revoked.

(2) Subsection 88.6 (2) of the Regulation is revoked.

(3) Subsection 88.6 (4) of the Regulation is amended by striking out “or students”.

(4) Subsection 88.6 (8) of the Regulation is revoked and the following substituted:

(8) Every licensee of a child care centre shall ensure that each licensed age group is separated from every other person in accordance with the requirements set out in the document entitled “Operational Guidance During COVID-19 Outbreak: Child Care Re-Opening” published by the Ministry of Education, as amended from time to time.

(5) Subsection 88.6 (10) of the Regulation is revoked and the following substituted:

(10) No licensee shall penalize a person who did not accept a placement that was offered to his or her child at a child care centre if the placement was to begin on or after June 12, 2020 and before September 1, 2020.

(6) Subsection 88.6 (11) is revoked and the following substituted:

(11) No licensee shall penalize a person whose child attended a child care centre immediately before the emergency was declared if the child was not offered a placement that was to begin on or after June 12, 2020 and before September 1, 2020.

(7) Subsection 88.6 (12) of the Regulation is amended by striking out “this section applied to the licensee” in the portion before clause (a) and substituting “June 12, 2020”.

(8) Subsection 88.6 (12) of the Regulation is amended by striking out “the first day that this section applies to the licensee” wherever it appears and substituting in each case “June 12, 2020”.

(9) Section 88.6 of the Regulation is amended by adding the following subsection:

(12.1) If a placement at a child care centre is offered to a child who received child care at the centre immediately before the emergency was declared and the placement begins on or after September 1, 2020, the licensee shall ensure that,

(a)  the parent of the child is given 14 days after the day that the placement is offered to accept or decline the placement;

(b)  unless the parent declines the placement, the placement shall remain available for the child for the 14-day period;

(c)  unless the parent accepts the placement, no fee or deposit shall be charged or collected in respect of the placement during the 14-day period; and

(d)  no parent is penalized for using the full 14-day period to decide whether to accept or decline the placement.

5. Section 88.7 of the Regulation is revoked.

Commencement

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

(2) Section 2, subsections 4 (2), (5) and (6) and section 5 come into force on the later of September 1, 2020 and the day this Regulation is filed.

 

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