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ontario regulation 236/22

made under the

Child Care and Early Years Act, 2014

Made: March 28, 2022
Filed: March 28, 2022
Published on e-Laws: March 28, 2022
Printed in The Ontario Gazette: April 16, 2022

Amending O. Reg. 137/15

(GENERAL)

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

“agreement date” means the day the Province of Ontario and the Government of Canada entered into an agreement providing for the Canada-Wide Early Learning and Child Care System; (“date de l’entente”)

“base fee” means any fee or part of a fee that is charged in respect of a child for child care, including anything a licensee is required to provide under this Regulation or anything a licensee requires the parent to purchase from the licensee, but does not include a non-base fee; (“frais de base”)

“Canada-Wide Early Learning and Child Care System” means the Canada-Wide Early Learning and Child Care System for early years and child care funding provided for in an agreement entered into by the Province of Ontario and the Government of Canada; (“système pancanadien d’apprentissage et de garde des jeunes enfants”)

“eligible child” means,

(a) any child under six years old, and

    (b) up until June 30 in a calendar year, any child who,

(i) turns six years old between January 1 and June 30 in that calendar year, and

(ii) is enrolled in a licensed infant, toddler, preschool or kindergarten group, a licensed family age group, or home child care; (“enfant admissible”)

“non-base fee” means,

(a) any fees charged for optional items or optional services, such as transportation or field trips, or

(b) any fees charged pursuant to an agreement between the parent and the licensee in respect of circumstances where the parent fails to meet the terms of the agreement, such as,

(i) fees for picking up a child late, and

(ii) fees to obtain items that the parent agreed to provide for their child but failed to provide; (“frais divers”)

2. (1) Subclause 45 (1) (a) (iii) of the Regulation is revoked and the following substituted:

(iii) the base fee and any non-base fees that may be charged, and whether or not the licensee is enrolled in the Canada-Wide Early Learning and Child Care System,

(iii.1) the admission and discharge policy, and

(2) Section 45 of the Regulation is amended by adding the following subsection:

(1.1) If a licensee was licensed in respect of the child care centre or home child care agency on or before the agreement date, subclause (1) (a) (iii) does not apply to the licensee until September 1, 2022 and instead the parent handbook must include information about the fee for services.

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

Canada-Wide Early Learning and Child Care System

Cap on fees

77.1 (1) A licensee shall ensure that, after March 27, 2022, a fee higher than the cap established under subsection (2) or (3) is not charged in respect of an eligible child enrolled at a child care centre it operates or at a home child care premises that it oversees, unless the fee had already been communicated to parents on or before March 27, 2022.

(2) Subject to subsection (3), the cap on the base fee and on non-base fees is the amount charged on March 27, 2022 if the licensee was licensed in respect of the child care centre or home child care agency on March 27, 2022.

(3) The cap on the base fee is the applicable amount set out in a Table to this section if,

(a) the licensee became licensed in respect of the child care centre or home child care agency after March 27, 2022;

(b) the licensee became licensed in respect of a new licensed age group for the first time after March 27, 2022; or

(c) the licensee began operating a licensed age group after March 27, 2022 that it had not operated for at least two years.

(4) If a licensee or applicant for a licence notifies the local service system manager in writing that it will not be applying for enrolment in the Canada-Wide Early Learning and Child Care System in 2022, and gives the notice required by section 77.2,

(a) the caps on fees established under subsections (2) and (3) cease to apply to the licensee or applicant; and

(b) the licensee or applicant may not apply for enrolment in 2022.

(5) If a licensee or applicant for a licence applies for enrolment in the Canada-Wide Early Learning and Child Care System, the caps on fees established under subsections (2) and (3) do not apply to the licensee or applicant after a decision is made about enrolment and, if the licensee is successful in its application for enrolment, section 77.4 applies in respect of eligible children.

TABLE 1
Child Care Centre Daily FeeS For Full-Day Programs

Item

Column 1
Service Area

Column 2
Licensed infant group

Column 3
Licensed toddler group

Column 4
Licensed preschool group

Column 5
Licensed kindergarten group

Column 6
Licensed school age group

Column 7
Licensed family age group

1.

City of Brantford

$56.42

$46.31

$43.74

$40.28

$40.28

$46.31

2.

City of Cornwall

$46.68

$38.00

$35.90

$31.02

$31.02

$38.00

3.

City of Greater Sudbury

$58.38

$48.25

$44.37

$39.44

$39.44

$48.25

4.

City of Hamilton

$73.96

$58.36

$53.25

$48.50

$48.50

$58.36

5.

City of Kawartha Lakes

$54.29

$44.22

$38.63

$37.77

$37.77

$44.22

6.

City of Kingston

$62.91

$53.08

$48.41

$47.15

$47.15

$53.08

7.

City of London

$61.70

$60.11

$53.91

$70.47

$70.47

$60.11

8.

City of Ottawa

$83.24

$65.87

$55.76

$42.48

$42.48

$65.87

9.

City of Peterborough

$56.04

$46.96

$43.83

$38.96

$38.96

$46.96

10.

City of St. Thomas

$52.87

$46.19

$43.12

$35.41

$35.41

$46.19

11.

City of Stratford

$51.17

$46.48

$43.12

$36.04

$36.04

$46.48

12.

City of Toronto

$93.42

$74.36

$61.32

$46.56

$46.56

$74.36

13.

City of Windsor

$51.03

$44.37

$40.44

$36.82

$36.82

$44.37

14.

County of Bruce

$58.97

$49.25

$48.91

$32.83

$32.83

$49.25

15.

County of Dufferin

$75.53

$57.52

$52.55

$41.18

$41.18

$57.52

16.

County of Grey

$53.35

$44.63

$42.54

$31.55

$31.55

$44.63

17.

County of Hastings

$70.04

$50.44

$45.73

$43.15

$43.15

$50.44

18.

County of Huron

$52.63

$45.12

$41.99

$38.78

$38.78

$45.12

19.

County of Lambton

$53.03

$52.39

$48.15

$41.75

$41.75

$52.39

20.

County of Lanark

$60.17

$50.21

$46.81

$34.78

$34.78

$50.21

21.

County of Lennox & Addington

$56.67

$44.37

$41.90

$41.04

$41.04

$44.37

22.

County of Northumberland

$45.70

$42.31

$39.39

$37.41

$37.41

$42.31

23.

County of Oxford

$51.67

$46.95

$42.54

$36.86

$36.86

$46.95

24.

County of Renfrew

$57.27

$47.44

$44.69

$42.12

$42.12

$47.44

25.

County of Simcoe

$65.35

$55.42

$52.81

$44.35

$44.35

$55.42

26.

County of Wellington

$64.44

$53.10

$49.68

$43.11

$43.11

$53.10

27.

District Municipality of Muskoka

$47.47

$45.19

$42.98

$41.04

$41.04

$45.19

28.

Municipality of Chatham-Kent

$45.80

$43.74

$42.62

$41.42

$41.42

$43.74

29.

Norfolk County

$51.05

$46.62

$43.56

$37.68

$37.68

$46.62

30.

Regional Municipality of Durham

$62.84

$53.42

$50.39

$41.56

$41.56

$53.42

31.

Regional Municipality of Halton

$81.48

$64.96

$61.46

$65.57

$65.57

$64.96

32.

Regional Municipality of Niagara

$58.78

$47.94

$43.25

$41.15

$41.15

$47.94

33.

Regional Municipality of Peel

$80.80

$62.78

$57.92

$60.70

$60.70

$62.78

34.

Regional Municipality of Waterloo

$79.20

$61.07

$55.23

$45.27

$45.27

$61.07

35.

Regional Municipality of York

$79.35

$65.22

$59.40

$59.78

$59.78

$65.22

36.

United Counties of Leeds & Grenville

$53.98

$44.09

$40.68

$39.59

$39.59

$44.09

37.

United Counties of Prescott and Russell

$52.33

$43.97

$43.03

$33.72

$33.72

$43.97

38.

Algoma District Services Administration Board

$40.56

$39.13

$36.59

$34.99

$34.99

$39.13

39.

District of Cochrane Social Services Administration Board

$44.31

$40.07

$39.81

$39.07

$39.07

$40.07

40.

District of Nipissing Social Services Administration Board

$48.94

$42.64

$39.78

$38.10

$38.10

$42.64

41.

District of Parry Sound Social Services Administration Board

$58.48

$58.48

$56.45

$58.48

$58.48

$58.48

42.

District of Sault Ste Marie Social Services Administration Board

$47.54

$42.97

$41.21

$39.30

$39.30

$42.97

43.

District of Timiskaming Social Services Administration Board

$45.70

$38.87

$35.80

$30.19

$30.19

$38.87

44.

Kenora District Services Board

$68.41

$45.79

$43.64

$35.91

$35.91

$45.79

45.

Manitoulin-Sudbury District Services Board

$37.35

$32.01

$26.68

$21.29

$21.29

$32.01

46.

Rainy River District Social Services Administration Board

$53.87

$39.67

$40.45

$12.31

$12.31

$39.67

47.

District of Thunder Bay Social Services Administration Board

$70.60

$50.32

$45.67

$37.04

$37.04

$50.32

 

TABLE 2
Child Care Centre Daily Fees for Before and After School Programs

Item

Column 1
Service Area

Column 2
Kindergarten

Column 3
School Age

1.

City of Brantford

$17.95

$17.97

2.

City of Cornwall

$18.39

$19.24

3.

City of Greater Sudbury

$19.45

$17.91

4.

City of Hamilton

$25.35

$21.93

5.

City of Kawartha Lakes

$23.11

$22.47

6.

City of Kingston

$22.92

$21.58

7.

City of London

$26.90

$22.21

8.

City of Ottawa

$23.62

$19.42

9.

City of Peterborough

$24.53

$23.02

10.

City of St. Thomas

$24.74

$21.60

11.

City of Stratford

$22.99

$20.88

12.

City of Toronto

$32.29

$26.56

13.

City of Windsor

$18.31

$18.21

14.

County of Bruce

$20.19

$19.73

15.

County of Dufferin

$30.05

$24.17

16.

County of Grey

$19.18

$18.07

17.

County of Hastings

$25.29

$25.47

18.

County of Huron

$18.17

$19.04

19.

County of Lambton

$21.80

$21.68

20.

County of Lanark

$23.26

$22.50

21.

County of Lennox & Addington

$22.55

$22.55

22.

County of Northumberland

$28.20

$29.03

23.

County of Oxford

$25.27

$22.98

24.

County of Renfrew

$25.27

$24.13

25.

County of Simcoe

$22.57

$22.46

26.

County of Wellington

$24.29

$24.45

27.

District Municipality of Muskoka

$20.71

$20.34

28.

Municipality of Chatham-Kent

$19.71

$19.01

29.

Norfolk County

$18.37

$18.05

30.

Regional Municipality of Durham

$27.48

$25.28

31.

Regional Municipality of Halton

$28.06

$25.86

32.

Regional Municipality of Niagara

$19.56

$19.48

33.

Regional Municipality of Peel

$28.26

$25.97

34.

Regional Municipality of Waterloo

$26.64

$27.03

35.

Regional Municipality of York

$27.41

$23.93

36.

United Counties of Leeds & Grenville

$22.44

$19.88

37.

United Counties of Prescott and Russell

$20.86

$20.42

38.

Algoma District Services Administration Board

$19.30

$20.18

39.

District of Cochrane Social Services Administration Board

$20.95

$21.23

40.

District of Nipissing Social Services Administration Board

$21.43

$21.58

41.

District of Parry Sound Social Services Administration Board

$24.62

$24.62

42.

District of Sault Ste Marie Social Services Administration Board

$23.07

$22.16

43.

District of Timiskaming Social Services Administration Board

$21.99

$22.20

44.

Kenora District Services Board

$26.12

$25.99

45.

Manitoulin-Sudbury District Services Board

$10.63

$10.63

46.

Rainy River District Social Services Administration Board

$19.84

$19.72

47.

District of Thunder Bay Social Services Administration Board

$25.89

$26.33

 

TABLE 3
Home Child Care Daily FeeS For Full-Day ProgramS

Item

Column 1
Service Area

Column 2
Younger than 2 years

Column 3
2-3 years

Column 4
4-6 years

1.

City of Brantford

$39.76

$38.48

$38.48

2.

City of Cornwall

$38.99

$36.94

$34.88

3.

City of Greater Sudbury

$44.99

$40.83

$38.48

4.

City of Hamilton

$52.77

$45.62

$47.69

5.

City of Kingston

$47.71

$46.47

$45.26

6.

City of London

$48.00

$47.50

$44.43

7.

City of Ottawa

$46.65

$46.60

$44.60

8.

City of Peterborough

$49.35

$45.51

$38.53

9.

City of St. Thomas

$46.17

$41.04

$37.96

10.

City of Stratford

$47.71

$45.14

$38.99

11.

City of Toronto

$55.18

$49.54

$37.85

12.

City of Windsor

$40.74

$39.05

$36.88

13.

County of Bruce

$51.30

$51.30

$51.30

14.

County of Dufferin

$45.14

$45.14

$41.04

15.

County of Grey

$46.17

$46.17

$46.17

16.

County of Hastings

$41.56

$41.66

$40.57

17.

County of Huron

$37.45

$35.40

$35.40

18.

County of Lambton

$46.17

$46.17

$46.17

19.

County of Lanark

$55.68

$58.16

$50.16

20.

County of Lennox & Addington

$49.25

$45.86

$43.35

21.

County of Northumberland

$43.00

$42.81

$39.84

22.

County of Oxford

$48.74

$48.74

$44.12

23.

County of Renfrew

$42.07

$40.01

$34.88

24.

County of Simcoe

$50.01

$50.67

$48.27

25.

County of Wellington

$47.86

$43.55

$43.55

26.

District Municipality of Muskoka

$44.12

$37.96

$35.91

27.

Regional Municipality of Durham

$45.59

$45.67

$36.72

28.

Regional Municipality of Halton

$49.84

$47.69

$47.20

29.

Regional Municipality of Niagara

$45.84

$45.74

$43.31

30.

Regional Municipality of Peel

$49.94

$48.89

$40.80

31.

Regional Municipality of Waterloo

$51.12

$46.84

$43.21

32.

Regional Municipality of York

$54.97

$55.14

$46.35

33.

United Counties of Leeds & Grenville

$48.89

$48.89

$48.89

34.

United Counties of Prescott and Russell

$34.88

$33.35

$33.35

35.

District of Cochrane Social Services Administration Board

$35.91

$35.91

$35.91

36.

District of Nipissing Social Services Administration Board

$44.97

$43.76

$43.82

37.

District of Parry Sound Social Services Administration Board

$48.22

$43.09

$43.09

38.

District of Sault Ste Marie Social Services Administration Board

$43.09

$38.99

$38.99

39.

District of Timiskaming Social Services Administration Board

$43.09

$38.99

$38.99

40.

Manitoulin-Sudbury District Services Board

$26.68

$26.68

$26.68

41.

Thunder Bay District Social Services Administration Board

$48.99

$41.99

$40.23

 

TABLE 4
HOME CHILD CARE DAILY FEES FOR Before and After School Programs

Item

Column 1
Service Area

Column 2

4-5 years

Column 3

6-12 years

1.

City of Brantford

$20.52

$20.52

2.

City of Cornwall

$12.31

$12.31

3.

City of Greater Sudbury

$18.31

$18.31

4.

City of Hamilton

$34.83

$35.94

5.

City of Kingston

$30.52

$23.09

6.

City of London

$21.55

$21.55

7.

City of Ottawa

$22.52

$23.88

8.

City of Peterborough

$23.60

$23.44

9.

City of St. Thomas

$20.52

$20.52

10.

City of Stratford

$24.24

$24.24

11.

City of Toronto

$27.49

$27.14

12.

City of Windsor

$13.68

$13.68

13.

County of Bruce

$20.52

$20.52

14.

County of Dufferin

$25.65

$25.65

15.

County of Grey

$23.09

$23.09

16.

County of Hastings

$21.55

$21.03

17.

County of Huron

$24.11

$24.11

18.

County of Lambton

$23.09

$22.57

19.

County of Lanark

$27.70

$16.16

20.

County of Lennox & Addington

$22.06

$22.06

21.

County of Northumberland

$23.98

$22.83

22.

County of Oxford

$37.19

$37.19

23.

County of Renfrew

$18.98

$18.98

24.

County of Simcoe

$29.50

$29.42

25.

County of Wellington

$29.70

$29.70

26.

District Municipality of Muskoka

$21.55

$21.55

27.

Regional Municipality of Durham

$29.33

$29.10

28.

Regional Municipality of Halton

$33.86

$36.48

29.

Regional Municipality of Niagara

$28.73

$28.73

30.

Regional Municipality of Peel

$31.49

$29.22

31.

Regional Municipality of Waterloo

$27.01

$25.13

32.

Regional Municipality of York

$34.88

$36.94

33.

United Counties of Leeds & Grenville

$23.85

$23.85

34.

United Counties of Prescott and Russell

$17.96

$17.96

35.

District of Cochrane Social Services Administration Board

$10.26

$14.24

36.

District of Nipissing Social Services Administration Board

$20.52

$20.52

37.

District of Parry Sound Social Services Administration Board

$27.70

$27.70

38.

District of Sault Ste Marie Social Services Administration Board

$22.16

$22.16

39.

District of Timiskaming Social Services Administration Board

$28.73

$28.73

40.

Manitoulin-Sudbury District Services Board

$10.67

$10.67

41.

Thunder Bay District Social Services Administration Board

$23.49

$23.49

 

Communication with parents, employees and home child care providers

77.2 (1) A licensee who was licensed on or before the agreement date shall ensure that a parent of every eligible child enrolled at a child care centre it operates or at a home child care premises that it oversees is provided notice in writing before September 1, 2022 as to,

(a) whether or not the licensee will apply for enrolment in the Canada-Wide Early Learning and Child Care System in respect of the child care centre or home child care agency;

(b) the anticipated date of application; and

(c) the parent’s rights under subsection (3) if the licensee will not be applying for enrolment.

(2) The licensee shall ensure that every parent described in subsection (1) is provided notice of the results of the licensee’s application within 14 days of the licensee being notified in writing of the results, and that the notice includes information about,

(a) the refunds required under section 77.4, if the licensee has been successful in its application for enrolment; or

(b) the parent’s rights under subsection (3), if the licensee has not been successful in its application for enrolment.

(3) If a parent is notified pursuant to subsection (1) that a licensee will not be applying for enrolment, or pursuant to clause (2) (b) that a licensee has not been successful in its application, the parent may withdraw their child from the child care centre or the home child care, without penalty, as long as,

(a) the parent gives the licensee or, in the case of home child care, the home child care provider, 30 days’ notice of the withdrawal; and

(b) the parent gives the notice referred to in clause (a) within 30 days after being notified that the licensee will not be applying for enrolment or that the licensee has not been successful in its application.

(4) Clause (3) (a) applies despite any agreement between the licensee or home child care provider and the parent, unless the agreement authorizes the parent to give the licensee less than 30 days’ notice of the withdrawal of their child.

(5) A licensee who was licensed on or before the agreement date shall ensure that every employee of a child care centre or home child care agency it operates and every home child care provider in each premises where the licensee oversees the provision of home child care is provided notice in writing of,

(a) the matters described in clauses (1) (a) and (b) before September 1, 2022; and

(b) the results of the licensee’s application within 14 days of the licensee being notified in writing of the results.

Application to Canada-Wide Early Learning and Child Care System

77.3 (1) A licensee who wishes to enrol in the Canada-Wide Early Learning and Child Care System shall apply to the local service system manager for enrolment in accordance with the process established by the local service system manager and shall provide any documents requested by the local service system manager.

(2) The local service system manager shall enrol an applicant in the Canada-Wide Early Learning and Child Care System unless,

(a) there are reasons to believe that the child care centre or home child care agency is not financially viable or will not be operated in a manner that will be financially viable; or

(b) there is reason to believe that the licensee will use the funding for improper purposes.

(3) A licensee that is enrolled shall comply with the terms of any agreement that it enters into with the local service system manager in relation to the Canada-Wide Early Learning and Child Care System, including terms regarding the use of the funding and wage requirements.

(4) A licensee shall keep a copy of any agreement referred to in subsection (3) at the child care centre or home child care agency, as the case may be.

(5) In the event of a conflict between this Regulation and the terms of an agreement referred to in subsection (3), this Regulation prevails.

(6) For greater certainty, if a licensee that is a corporation transfers shares of the corporation that would be sufficient to allow the person acquiring the shares to make a change to the corporation’s board of directors, the licensee remains enrolled and subject to the agreement referred to in subsection (3).

(7) For greater certainty, if a licensee sells substantially all of its assets, subsection 77.1 (3) applies to the purchaser, and if the purchaser wishes to enrol in the Canada-Wide Early Learning and Child Care System, it shall apply for enrolment in accordance with this section.

Base fee for licensees enrolled in the Canada-Wide Early Learning and Child Care System

77.4 (1) The following base fees apply to a licensee that is enrolled in the Canada-Wide Early Learning and Child Care System:

1.   If the cap on fees established under subsection 77.1 (2) or (3) is more than $11.99 per day, the base fee is the greater of,

i. $12 per day, and

ii. the amount of the cap, less 25 per cent.

2. If the cap on fees established under subsection 77.1 (2) or (3) is less than $12 per day, the base fee is equal to the cap.

(2) A base fee that is different from the base fee determined in accordance with subsection (1) may be charged in respect of an eligible child if the Minister has authorized the local service system to enter into an agreement with the licensee to permit the different base fee.

(3) A local service system manager that makes a decision to enrol a licensee on or before December 31, 2022 shall specify an enrolment date that is,

(a)   April 1, 2022 if the licensee was licensed as of April 1, 2022; or

(b) the date the licensee’s licence was issued, in any other case.

(4) If a base fee higher than the base fee determined under subsection (1) or (2) is charged in respect of an eligible child, the licensee shall ensure that a refund is issued of the difference for,

(a) child care provided during the period starting on the licensee’s enrolment date and ending on the 31st day after the licensee is notified by a service system manager of the enrolment date; and

(b) any period of time after the 31st day referred to in clause (a) for which base fees for child care to be provided have been prepaid.

(5) Any refunds required under subsection (4) shall be given within 60 days after the day the licensee is notified by a service system manager of the enrolment date.

(6) On and after the 32nd day after the licensee is notified by a service system manager of the enrolment date, the licensee shall ensure that a base fee that is higher than the applicable base fee is not charged.

Role of service system manager

77.5 (1) Every service system manager shall administer the Canada-Wide Early Learning and Child Care System in a manner consistent with any direction provided by the Minister.

(2) Without limiting the generality of subsection (1), every service system manager shall process applications for enrolment in the Canada-Wide Early Learning and Child Care System from both for-profit and not-for-profit licensees in a manner consistent with any direction provided by the Minister.

Exception

77.6  Sections 77.1 to 77.5 do not apply to licensees providing child care on a First Nation reserve, in recognition of federal funding provided under the Indigenous Early Learning and Child Care Framework.

4. Table 1 to section 78 of the Regulation is amended by adding the following items:

 

21.

Regulation, s. 77.1

Prohibition – charging fees above cap

$750 × number of children for whom a fee above the cap was charged

22.

Regulation, s. 77.4

Prohibition – charging base fee higher than applicable base fee

$750 × number of children for whom a fee higher than the applicable base fee was charged or not refunded

 

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

9. Section 77.1 of this Regulation (Cap on Fees).

10. Section 77.4 of this Regulation (Base fee for licensees enrolled in the Canada-Wide Early Learning and Child Care System).

Commencement

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

 

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