Child care rules in Ontario

Overview

In Ontario, child care providers must follow the rules set out in the Child Care and Early Years Act, 2014 (CCEYA) and its regulations. The act helps ensure the health and safety of children and child care providers in child care settings.

The act applies to:

• unlicensed child care providers
• licensed child care centres (day cares)
• licensed home child care agencies
• home child care providers that are overseen by a licensed agency
• providers of in-home services that are overseen by a licensed agency

The act does not apply to:

• nannies or babysitters who are not overseen by a licensed agency and hired directly by parents to provide care in the children's home
• relatives that provide care for children
• camps that only care for children ages 4 years old and older
• programs with a primary purpose of academic or skill-based recreation
• private schools that only care for children ages 4 years old and older

Learn more about the different types of child care.

All child care providers must:

• provide you with receipts for payment of services if you request it and without charging a fee
• with a few exceptions, allow you to access their premises and your child

The rules for child care providers apply at all times of day.

Staff to child ratios

Licensed child care centres must meet the following minimum staff-to-child ratios. They may choose to have more staff but may not have less staff than set out below.

Vulnerable sector checks

All staff, volunteers and students working at licensed child care centres must have:

• a criminal reference check, including vulnerable sector screening, that they must update every 5 years
• offence declarations in every year that vulnerable sector checks are not required

In some cases, staff can begin working with children before they get their vulnerable sector check, as long as:

• they apply for it as soon as possible
• the length of time it takes to receive it is long enough to justify the staff starting work instead of waiting

Employers must also have additional measures in place to protect children until staff obtain their vulnerable sector check. For example, they may require additional supervision or monitoring of the individual or conduct additional reference checks.

First aid training

All child care supervisors and employees counted as part of the staff-to-child ratio must have a valid standard first aid certification, including infant and child cardiopulmonary resuscitation (CPR).

Other employees have 3 months to get or renew their certification.

At least 1 first aid certified employee must always be onsite and close enough to the children that they would be able to respond to an emergency.

If an accident or incident occurs

If any accident or incident occurs that could affect the health, safety or well-being of your child, the child care centre must:

• notify you
• complete an incident or accident report and give you a copy of it

Program requirements

Every child care centre must have a program statement that aligns with How does learning happen?, our framework to guide programming.

The framework:

• is based on research in early child development
• provides a positive framework to support children and families
• is built on the principle that children are competent, capable, curious and rich in potential

Parent handbook

Every child care centre must have a parent handbook that includes important information like:

• whether they are enrolled in the Canada-wide Early Learning and Child Care System
• how much the fees are
• payment policies, such as acceptable payment types, payment schedule and refund rules
• what days the program is closed during the year

This parent handbook has to be provided at no cost to parents.

Individual home child care providers and in-home service providers are not licensed by the Ministry of Education. Instead, they are overseen by licensed home child care agencies.

Number of children allowed

A home child care provider that is overseen by a licensed agency can care for a maximum of 6 children under the age of 13.

All home-based child care providers must:

• count their own children if they are younger than 4 years old
• care for a maximum of 3 children younger than 2 years old

Vulnerable sector checks

People working or living in home child care settings that are overseen by a licensed agency must get vulnerable sector checks. This means they need a background check from the police.

This applies to:

• home child care providers
• in-home services providers
• agency staff who visit home child care settings
• students on an educational placement
• volunteers
• other people who live at the home, like the provider’s spouse

Individuals must:

• update their vulnerable sector checks every 5 years
• provide offence declarations in every year that vulnerable sector checks are not required

In some cases, home child care providers can begin working with children before they get their vulnerable sector check as long as:

• they apply for it as soon as possible
• the length of time it takes to receive it is long enough to justify the individual starting work instead of waiting

Home child care agencies must make sure that additional measures are in place to protect children until a provider gets their vulnerable sector check. For example, the agency may require additional supervision or monitoring of the provider or conduct additional reference checks.

First aid training

Home child care providers overseen by a licensed home child care agency must have a valid standard first aid certification, including infant and child cardiopulmonary resuscitation (CPR).

Program requirements

Home child care agencies must have a program statement that aligns with How does learning happen?, our framework to guide programming.

The framework:

• is based on research in early child development
• provides a positive framework to support children and families
• is built on the principle that children are competent, capable, curious and rich in potential

Home child care providers overseen by a licensed agency must follow the agency’s program statement when caring for children.

Parent handbook

Every home child care agency must have a parent handbook that includes important information like:

• whether they are enrolled in the Canada-wide Early Learning and Child Care System
• how much the fees are
• payment policies, such as acceptable payment types, payment schedule and refund rules
• what days the program is closed during the year

This parent handbook has to be provided at no cost to parents.

Number of children allowed

An unlicensed home child care provider can care for a maximum of 5 children under the age of 13.

All home-based child care providers must:

• count their own children if they are younger than 4 years old
• care for a maximum of 3 children younger than 2 years old

Requirements

Unlicensed child care providers can only provide child care in one location. They must not coordinate or oversee care at different locations.

An unlicensed home child care provider must inform parents in writing (in hard copy or electronic) that they are unlicensed. Their communication must say “This child care program is not licensed by the Government of Ontario.”

They must keep proof that they disclosed this to parents for 2 years.

The Canada-wide Early Learning and Child Care System (CWELCC) provides funding to participating licensed child care programs so that they can offer more affordable child care for parents of children under the age of 6 years.

If you participate in CWELCC

Base fees for eligible children in CWELCC-enrolled programs must now be $22 per day or less.

As of January 1, 2025, if you were already enrolled in CWELCC, you must:

• reduce fees to $22 per day if you were charging more
• maintain your fees as of December 31, 2024 if it was already $22 per day or less

If you’re a new CWELCC program

You must set your base fees using the amounts in the regulation table.

You must also:

• comply with the terms and conditions in your agreement with your local service system manager
• keep a copy of the agreement at the child care centre or agency head office so it is available to your program advisor upon request

If you don't participate in CWELCC

You must still follow the rules for licensed child care programs set out in the Child Care and Early Years Act, 2014 and its regulations

You can also:

• set your own fees
• change fees at any time

If you leave CWELCC

You must give parents at least 30 days’ notice.

Parents can withdraw their children without penalty if they:

• tell you within 30 days of being notified
• give one month's notice

If you have a concern about a child care provider in Ontario, you can make a complaint.

The Ministry of Education inspects licensed and unlicensed child care providers and investigates complaints that fall under the CCEYA.

If a child care provider breaks the rules, we take appropriate action.

You can also search for child care providers that have been issued:

• a compliance order
• an administrative penalty
• a protection order
• a restraining order

Search for licensed and unlicensed child care violations.