ontario regulation 174/21
made under the
Child Care and Early Years Act, 2014
Made: December 18, 2020
Filed: March 8, 2021
Published on e-Laws: March 8, 2021
Printed in The Ontario Gazette: March 27, 2021
Amending O. Reg. 137/15
(GENERAL)
1. The following provisions of Ontario Regulation 137/15 are amended by striking out “or in-home services” wherever it appears:
1. Subsection 39 (1) in the portion before paragraph 1.
2. Subparagraph 3 ii of subsection 39 (1).
3. Clause 39.1 (1) (b).
4. Clause 39.1 (3) (d).
5. Paragraph 3 of subsection 58 (2).
6. Subsection 88.5 (1) in the portion before paragraph 1.
2. (1) The definitions of “child care centre for children with special needs” and “integrated child care centre” in subsection 1 (1) of the Regulation are revoked.
(2) The definition of “licensed age group” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“licensed age group” means a group of children at a child care centre, where the group is in a specified age category set out in Schedule 1 for which a licensee is licensed to provide child care at the child care centre, and the terms “licensed infant group”, “licensed toddler group”, and so on, have corresponding meanings; (“groupe d’âge autorisé”)
3. (1) Paragraph 1 of section 3.1 of the Regulation is revoked and the following substituted:
1. The program operates,
i. on weekdays during the school year, within the meaning of the Education Act, outside the time when instruction is typically provided for pupils enrolled in schools, and
ii. for no more than one period of three or fewer consecutive hours each day.
(2) Subparagraph 2 ii of section 3.1 of the Regulation is revoked and the following substituted:
ii. operated by an organization that delivers Ontario’s After School Program funded by the Ministry of Heritage, Sport, Tourism and Culture Industries,
(3) Subparagraph 2 iii.1 of section 3.1 of the Regulation is amended by striking out “Ministry of Tourism, Culture and Sport” and substituting “Ministry of Heritage, Sport, Tourism and Culture Industries”.
(4) Subparagraph 2 iv of section 3.1 of the Regulation is amended by striking out “Ministry of Tourism, Culture and Sport” at the end and substituting “Ministry of Heritage, Sport, Tourism and Culture Industries”.
(5) Section 3.1 of the Regulation is amended by adding the following subsection:
(2) Subparagraph 1 ii of subsection (1) does not apply to the following programs if the program is approved by a director for the purposes of this subsection:
1. A program described in subparagraph 2 i of subsection (1), but only in the case of a program operated by the local services system manager, a municipality or a First Nation.
2. A program described in subparagraph 2 ii, iii or iii.3 of subsection (1).
4. Section 4 of the Regulation is revoked.
5. (1) The Regulation is amended by adding the following section:
In-home services
6.0.1 (1) Every provision in this Regulation that applies in respect of home child care, including requirements that apply to home child care providers or home child care agencies, shall also apply in respect of in-home services with the exception of the following:
1. Section 9 (home child care group sizes).
2. Section 25 (compliance with health and safety standards).
3. Section 28 (temperature).
4. Subsections 36 (1), (2) and (3) (child illness and accident).
5. Subsections 42 (1) and (2) (requirements re food and drink).
6. Section 44 (special arrangements).
7. Subsections 47 (3) and (4) (program requirements re activity, rest, sleep, outdoor play, etc.).
(2) For the purposes of subsection (1), any reference to “home child care” in a provision of this Regulation, including in a definition, shall be read as a reference to “home child care or in-home services”.
(3) Despite subsections (1) and (2), a reference in Table 1 or 2 to section 78 to a contravention shall not be read as including contraventions of provisions that apply in respect of in-home services pursuant to this section.
(4) Subsections (1) to (3), 42 (3) and 47 (5) do not apply to a licensee until July 1, 2021 if, on the day before subsection 5 (1) of Ontario Regulation 174/21 comes into force, the licensee was overseeing the provision of in-home services at a premises.
(2) Subsection 6.0.1 (4) of the Regulation, as made by subsection (1), is revoked.
6. (1) Clause 8 (1) (a) of the Regulation is amended by striking out “Schedule 1 or 3” at the end and substituting “Schedule 1”.
(2) Clause 8 (1) (c) of the Regulation is amended by striking out “Schedule 1 or 3” in the portion before subclause (i) and substituting “Schedule 1”.
7. Section 10 of the Regulation is revoked and the following substituted:
Resource consultant
10. A resource consultant shall not be included when calculating the number of employees required to meet the ratio under section 8 or 8.1.
8. Section 13 of the Regulation is amended by adding the following subsection:
(3) A licensee shall ensure that a premises complies with the matters listed in subsection (1) at all times during which it is used as a child care centre.
9. Paragraphs 4 and 5 of subsection 15 (1) of the Regulation are revoked and the following substituted:
4. Storage of hard copies of records, if necessary.
5. Storage for medical supplies, cleaning materials and equipment and other items that could cause harm to a child, such as poisonous and hazardous substances.
10. (1) Subsection 16 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(1) Subject to subsection (2), every licensee of a child care centre shall ensure that each child care centre it operates has play activity space of at least,
. . . . .
(2) Subsection 16 (3) of the Regulation is revoked.
11. Subsection 17 (1) of the Regulation is amended by striking out “except a child care centre for children with special needs”.
12. Section 18 of the Regulation is revoked.
13. Section 20 of the Regulation is revoked and the following substituted:
First or second storey
20. Every licensee shall ensure that each room in each child care centre it operates that is for the use of licensed infant, toddler, preschool, kindergarten or family age groups is on or below the second storey, unless otherwise approved by a director.
14. Section 25 of the Regulation is revoked and the following substituted:
Compliance with health and safety standards
25. Every person who applies for or holds a licence to operate a home child care agency under section 20 of the Act shall ensure that each premises the person oversees in which child care will be or is provided complies with clauses 13 (1) (a), (b), (c) and (d) of this Regulation.
15. Section 29 of the Regulation is amended by striking out “play” and substituting “be”.
16. Clause 31 (a) of the Regulation is revoked and the following substituted:
(a) all items that could cause harm to a child, such as poisonous and hazardous substances, are inaccessible to children; and
17. Subsections 32 (1) and (2) of the Regulation are 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 or a premises where the licensee oversees the provision of home child care is carried out by the staff of the child care centre or home child care agency or by the child care provider at a home child care premises.
(2) Every licensee shall ensure that, where a report is made by the local medical officer of health or any person designated by the local medical officer of health or the local fire department with respect to a child care centre operated by the licensee or a premises where it oversees the provision of home child care,
(a) a copy of the report is kept on the premises of the child care centre or home child care agency; and
(b) if the report includes any direction or order,
(i) a copy of the direction or order is sent immediately to a program adviser, and
(ii) a program adviser is immediately notified of any enforcement action taken against the licensee in relation to the direction or order.
18. Section 33 of the Regulation is revoked.
19. Clause 33.1 (2) (a) of the Regulation is revoked and the following substituted:
(a) an employee or the home child care provider periodically performs a direct visual check of each sleeping child who is in a licensed infant or toddler age group, is in a licensed family age group and is younger than 24 months, or is at a home child care premises and is younger than 24 months, by being physically present beside the child while the child is sleeping and looking for indicators of distress or unusual behaviours;
20. Subsection 37 (2) of the Regulation is amended by adding “unless a parent has already been notified of the incident pursuant to the requirements in section 36” at the end.
21. Paragraph 1 of subsection 39 (1) of the Regulation is amended by adding “including rules for parents who send food with their child to the centre or premises” at the end.
22. Section 40 of the Regulation is amended by adding the following subsections:
(3) The following items do not constitute drugs or medication for the purposes of this section, except where the item is a drug, as defined in the Drug and Pharmacies Regulation Act, prescribed for a child by a health professional:
1. Sunscreen.
2. Moisturizing skin lotion.
3. Lip balm.
4. Insect repellent.
5. Hand sanitizer.
6. Diaper cream.
(4) In respect of an item described in subsection (3) that does not constitute a drug or medication for the purposes of this section, a licensee shall ensure that,
(a) the item is administered to a child only if a parent of the child has given written authorization for the administration of the item;
(b) the item is stored in accordance with the instructions for storage on the label and the container or package is clearly labelled with the child’s name and the name of the item; and
(c) the item is administered to a child only from the original container or package and in accordance with any instructions on the label and any instructions provided by the parent of the child.
23. Section 41 of the Regulation is amended by striking out “dog and cat” and substituting “dog, cat or ferret”.
24. (1) Subsection 42 (1) of the Regulation is amended by adding “and” at the end of clause (a), striking out “and” at the end of clause (b) and revoking clause (c).
(2) Paragraph 1 of subsection 42 (2) of the Regulation is amended by striking out “where otherwise approved by a director”.
(3) Paragraph 2 of subsection 42 (2) of the Regulation is amended by striking out “where otherwise approved by a director”.
(4) Paragraph 5 of subsection 42 (2) of the Regulation is revoked and the following substituted:
5. All meals, snacks and beverages must meet the recommendations set out in the most recent and relevant food guide published by Health Canada.
(5) Section 42 of the Regulation is amended by adding the following subsection:
(3) Every licensee shall ensure that a child who receives in-home services at a premises overseen by the licensee shall be fed in accordance with written instructions from the child’s parent.
25. Subsection 43 (4) of the Regulation is revoked and the following substituted:
(4) Every licensee of a home child care agency shall ensure that each home child care provider in each premises where the licensee oversees the provision of home child care plans menus in consultation with a parent of the child and a home child care visitor and that the menu, and the meals and snacks that it provides, meet the requirements set out in the most recent and relevant food guide published by Health Canada.
26. Subsection 45 (1) of the Regulation is amended by adding the following clause:
(a.1.1) a copy of the rules set out in the anaphylactic policy described in section 39 for parents who send food with their child to the centre or premises;
27. Section 47 of the Regulation is amended by adding the following subsection:
(5) Every licensee shall ensure that the program in each premises where it oversees the provision of in-home services is arranged to include sleep, rest or quiet time and outdoor activities in accordance with written instructions from a child’s parent.
28. Section 55 of the Regulation is revoked and the following substituted:
Resource consultant
55. A resource consultant shall be a person who,
(a) is a member in good standing of the College of Early Childhood Educators and has completed a post-secondary program of studies that is both theoretical and practical and that relates to the needs of children with special needs; or
(b) is otherwise approved by a director.
29. Subsections 57 (1), (2) and (3) of the Regulation are revoked and the following substituted:
Health assessments and immunization of staff
(1) Every licensee of a child care centre shall ensure that, before commencing employment, every person employed in a child care centre it operates and every volunteer or student who is on an educational placement with the licensee has a health assessment and immunization as directed by the local medical officer of health.
(2) Every licensee of a home child care agency shall ensure that, before any child is provided with child care at a premises at which the licensee oversees the provision of home child care, every home child care provider providing care at the premises, every person who is ordinarily a resident of the premises or regularly at the premises and every volunteer or student who is on an educational placement at the premises has a health assessment and immunization as directed by the local medical officer of health.
(3) Subsections (1) and (2) do not apply where the person objects to the immunization on the ground that the immunization conflicts with the sincerely held convictions of the person based on the person’s religion or conscience or a legally qualified medical practitioner gives medical reasons to the licensee as to why the person should not be immunized.
30. Section 58 of the Regulation is amended by adding the following subsection:
(4) Despite paragraphs 2 and 3 of subsection (2), a licensee of a child care centre may employ a person who does not have a valid certification in standard first aid for up to three months if,
(a) the licensee requires the person to obtain the certification as soon as reasonably possible;
(b) the length of time required to obtain the certification justifies it; and
(c) at any time during which the person is supervising children, another person who is certified as required by subsection (2) is available and in such proximity to the children that the certified person would be able to respond to an emergency.
31. Subsection 59 (2) of the Regulation is amended by striking out “sections 60 to 66” in the portion before clause (a) and substituting “sections 60 to 65”.
32. (1) Subsection 61.1 (1) of the Regulation is amended by adding “or subsection (3) of this section” at the end of the portion before clause (a).
(2) Section 61.1 of the Regulation is amended by adding the following subsection:
(3) The requirement in subsection (1) does not apply in respect of the following individuals acting in the course of their profession:
1. Police officers.
2. Firefighters.
3. Ambulance attendants, paramedics or other emergency personnel.
4. Regulated health professionals.
5. Individuals whose profession is regulated under the Social Work and Social Service Work Act, 1998.
33. Section 62.1 of the Regulation is amended by striking out “subsection 61 (4) and section 62” and substituting “subsection 61 (4), section 62 and subsection 63 (2)”.
34. Section 63 of the Regulation is amended by adding the following subsection:
(2) If a person in respect of whom a licensee has obtained a vulnerable sector check takes a leave of absence from their position and then subsequently returns to their position, and if the person would have provided a vulnerable sector check or offence declaration during the period of their leave, the licensee shall obtain a new vulnerable sector check or offence declaration upon the person’s return.
35. Section 66 of the Regulation is revoked.
36. Section 67 of the Regulation is amended by striking out “that is approved by a director” at the end.
37. Section 69 of the Regulation is revoked and the following substituted:
Emergency telephone numbers
69. Every licensee shall ensure that, in each child care centre it operates and in each premises where the licensee oversees the provision of home child care, an up-to-date list of the contact information and telephone numbers of the following is accessible in the event of an emergency:
1. The home child care agency, in the case of a premises where the licensee oversees the provision of home child care.
2. If the child care centre or premises does not have access to a 9-1-1 call centre, the contact information and telephone numbers of the following:
i. Emergency services.
ii. The nearest poison control centre.
38. (1) Subsection 72 (1) of the Regulation is amended by striking out “that are available for inspection by an inspector or program adviser at all times” in the portion before paragraph 1.
(2) Paragraph 4 of subsection 72 (1) of the Regulation is revoked.
(3) Paragraph 11 of subsection 72 (1) of the Regulation is revoked and the following substituted:
11. Any written instructions signed by a parent of the child concerning requirements in respect of diet, rest or physical activity.
(4) Section 72 of the Regulation is amended by adding the following subsection:
(4) Every licensee shall ensure that a record is kept of the daily attendance of each child in a licensed age group, including each child who was in the group each day and the hours during which they were in the group.
(5) Clause 72 (6) (a) of the Regulation is amended by adding “and subsections (3) and (4)” after “subsection (1)”.
39. (1) Section 74 of the Regulation is amended by striking out “an up-to-date register” and substituting “a register”.
(2) Section 74 of the Regulation is amended by adding the following subsection:
(2) A licensee shall ensure that the register required under subsection (1) is up-to-date to within 1 business day of any change to the information that is required under subsection (1).
40. (1) Section 82 of the Regulation is amended by adding “and shall ensure that the record, report or document is made available for inspection by an inspector or program adviser at all times” at the end.
(2) Section 82 of the Regulation is amended by adding the following subsection:
(2) Unless otherwise specified in this Regulation, any record, report or other document required under this Regulation, or any other regulation made under the Act, may be made or kept in either a hard copy or electronic format.
41. Subsection 88.4 (1) of the Regulation is amended by striking out “and made available for inspection by an inspector or program adviser at all times” in the portion before paragraph 1.
42. Part V of the Regulation is revoked.
43. Schedule 3 to the Regulation is revoked.
Commencement
44. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2021 and the day it is filed.
(2) Section 1 and subsection 5 (2) come into force on July 1, 2021.