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2001 Legislative Session: 5th Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE MIKE FARNWORTH

MINISTER OF SOCIAL DEVELOPMENT

AND ECONOMIC SECURITY

BILL 2 – 2001

CHILD CARE BC ACT

Contents

Section

Definitions

Provincial Child Care Council

Funding assistance program

Effective date of the components of and spaces in the funding assistance program

Projected budget for child care grants and programs

Child care grants

Overpayments and repayments

Agreements

Offence of supplying false or misleading information

Other provisions relating to offences

Delegation of minister's powers and duties

Power to make regulations

Forms

Continuity of child care grants and written agreements

Transitional regulations

Provincial Child Care Council continued

Repeal of transitional provisions

18-24

Consequential Amendments

Schedule

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"child care" means the care and supervision of a child in a child care setting or other facility, other than

(

a) by the child's parent, or

(

b) while the child is attending an educational program provided under the School Act or the Independent School Act ;

"child care grant" means a payment made for any of the following purposes:

(

a) a funding assistance program grant;

(

b) to facilitate the operation of a child care setting;

(

c) to facilitate the operation of other child care facilities and services specified by regulation;

(

d) to improve the quality of child care;

(

e) to improve access to affordable child care;

(

f) to develop or operate programs and services that in any other way promote the purposes of this Act;

"child care provider" means a person or organization operating a child care setting;

"child care setting" means any setting in which child care is provided in a facility licensed under the Community Care Facility Act to provide child care;

"funding assistance program" means the program administered under sections 3 and 4;

"funding assistance program grant" means a payment made under the funding assistance program to a child care provider who

(

a) is licensed under the Community Care Facility Act to provide child care, and

(

b) has entered into a written agreement under the funding assistance program with the minister;

"parent" includes a person with whom a child resides and who stands in place of the child's father or mother.

Provincial Child Care Council

(1) In this section, "council" means the Provincial Child Care Council continued under this Act.

(2) The council may make recommendations

(

a) to the minister about child care under this Act, and

(

b) to the minister responsible for the BC Benefits (Child Care Subsidy) Act about child care subsidies under that Act.

(3) The council consists of at least 14 and not more than 21 members, each of whom is appointed by the minister and one or more of whom is designated by the minister to chair council meetings.

(4) The minister may set the term of office of any member of the council.

(5) The minister may

(

a) reimburse the members for reasonable travelling and out of pocket expenses necessarily incurred by them in attending council meetings, and

(

b) pay the members a fee set by the minister in accordance with the general directives of Treasury Board.

Funding assistance program

(1) The government must establish, for each fiscal year, the amount of government funding, in addition to any other government funding, to be allocated to the funding assistance program to be implemented as set out in

section 4 and administered by means of written agreements between licensed child care providers and the minister.

(3) The maximum fees that a child care provider may require a parent to pay to the child care provider are the sum of

(

a) the basic parent fee as specified in a written agreement between the minister and the child care provider up to a maximum of $14 per day per child, and

(

b) the additional permitted fees for specified services and expenses as set out in a written agreement between the minister and the child care provider.

Effective date of the components of and spaces in the funding assistance program

4 The funding assistance program is to be implemented as follows to meet the actual demand for spaces:

(

a) on this Act coming into force, for up to 21 000 spaces for children enrolled during the school year in an out of school group care program licensed under the Community Care Facility Act ;

(

b) effective on January 2, 2002, for

(

i) up to 7 000 spaces for kindergarten and school age children enrolled during the school year in a family child care program licensed under the Community Care Facility Act , and

(ii) up to 4 680 spaces for children under age 36 months enrolled in a group day care under 36 months program licensed under the Community Care Facility Act;

(

c) effective on September 3, 2002, for up to 17 000 spaces for children up to school age enrolled in a family child care program licensed under the Community Care Facility Act;

(

d) effective on July 2, 2003, for up to the total number of spaces referred to in paragraphs (

a) and (b) (

i) for children enrolled, during school summer break periods, in a group or family out of school child care program licensed under the Community Care Facility Act;

(

e) effective on September 1, 2003, for up to 16 560 spaces for children

(

i) age 30 months and up, and

(ii) who have not yet entered grade 1

enrolled in a group day care 30 months to school age program licensed under the Community Care Facility Act;

(

f) effective on January 4, 2004, for up to 18 720 spaces for children enrolled in a preschool 30 months to school age program licensed under the Community Care Facility Act.

Projected budget for child care grants and programs

5 Subject to the enactment of an appropriation for that purpose, the projected budget for the child care grants and programs under this Act is set out in the Schedule.

Child care grants

Overpayments and repayments

(1) If a child care grant is paid to a child care provider or other person who is not eligible for that child care grant, that child care provider or other person is liable to repay to the government the amount for which the child care provider or other person was not eligible.

(2) An amount that a child care provider or other person is liable to repay under subsection (1) is a debt due to the government and may

(

a) be recovered by it in a court of competent jurisdiction, or

(

b) be deducted by it from any subsequent child care grant.

Agreements

(1) Subject to subsection (2), the minister may enter into a written agreement with any person or group of persons.

(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into any of the following:

(

b) a reciprocal agreement with the government of another province of Canada, or an agency of that government, respecting child care programs;

(

c) an information-sharing agreement with

(ii) the government of a province or other jurisdiction in Canada or an agency of that government,

(iii) the government of a state of the United States, or an agency of that government,

(iv) a public body as defined in the Freedom of Information and Protection of Privacy Act, or

(

v) a legal entity representing an aboriginal community.

(3) An information-sharing agreement may only be entered into under subsection (2) for the purposes of the administration of

(

a) this Act, or

(

b) a social benefit program operated by a government, agency, public body or legal entity referred to in subsection (2) (c).

(4) In this section, "information-sharing agreement" includes a data-matching agreement but does not include an agreement to share

(

a) personal information as defined in the Freedom of Information and Protection of Privacy Act,

(

b) information obtained by the minister for the purposes of another Act administered by the minister, or

(

c) information obtained by the minister pursuant to an agreement under this section.

Offence of supplying false or misleading information

(1) A person commits an offence who, in order to obtain a child care grant, supplies information that is false or misleading with respect to a material fact.

(2) A person does not commit an offence under subsection (1) if, at the time the information was supplied, the person did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.

(3) A person who commits an offence under this

section is liable on conviction to a fine of not more than $2 000 or to imprisonment for not more than 6 months or to both.

(4) In addition, the court may order a person convicted of an offence under this

section to pay the government all or part of any amount that person received under this Act as a result of committing the offence.

Other provisions relating to offences

(1) Section 5 of the Offence Act does not apply to this Act or the regulations.

(2) The time limit for laying an information for an offence under this Act is 12 months after the facts on which the information is based first came to the minister's attention.

(3) A document purporting to have been issued by the minister, certifying the date on which the minister became aware of the facts on which the information is based,

(

a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(

b) is proof of the certified facts unless there is evidence to the contrary.

Delegation of minister's powers and duties

(1) Subject to the regulations, the minister may delegate to any person or class of persons any or all of the minister's powers, duties and functions under this Act or the regulations, except

(

a) the power to enter into an agreement under

section 8 (2), and

(

b) the power to prescribe forms.

(2) A delegation of the powers, duties or functions of the minister must be in writing and may include any limits or conditions the minister considers advisable.

Power to make regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) specifying other child care facilities and services for the purposes of paragraph (

c) of the definition of "child care grant";

(

b) respecting applications for child care grants and the information, authorizations and verifications that must be supplied in support of an application;

(

c) governing eligibility for child care grants, including the types of child care for which, and the age limits of the children for whom, child care grants may be paid;

(

d) regulating when and how child care grants are paid;

(

e) establishing the nature and maximum amount of additional fees that a child care provider may charge parents under the funding assistance program;

(

f) respecting the provision, in child care settings, of services to children with special needs;

(

h) prescribing how accounts are to be submitted to the minister and the information to be supplied with those accounts;

(

i) prescribing the records to be kept and the reports to be made to the minister under this Act;

(

j) governing investigations and audits to determine eligibility for child care grants or to ensure compliance with this Act, the regulations and the terms of a child care grant;

(

k) respecting the delegation of the powers, duties and functions of the minister;

(

l) defining any word or expression used in this Act or the regulations;

(

m) increasing the number of spaces referred to in any of paragraphs (

a) to (

f) of

section 4.

(3) In making regulations under this Act, the Lieutenant Governor in Council may do one or more of the following:

(

a) delegate a matter to a person;

(

b) confer a discretion on a person;

(

c) make different regulations for different categories of child care providers or other persons, or for different types of child care or child care settings.

Forms

13 The minister may do either or both of the following:

(

a) prescribe forms for use under this Act;

(

b) specify forms for use under this Act.

Transitional

Continuity of child care grants and written agreements

14 Child care grants and written agreements respecting child care grants that are in effect under the BC Benefits (Child Care) Act at the time this

section comes into force are continued as child care grants and written agreements respecting child care grants under this Act and are subject to this Act.

Transitional regulations

15 The Lieutenant Governor in Council may make regulations considered necessary or advisable to more effectively bring this Act into operation and to facilitate the transition from child care grants under the BC Benefits (Child Care) Act to child care grants under this Act.

Provincial Child Care Council continued

(1) The Provincial Child Care Council under the BC Benefits (Child Care) Act, R.S.B.C. 1996, c. 26, is continued under

section 2 of this Act.

(2) All members of the council in office on the date that this

section comes into force continue in office as if they had been appointed under

section 2 of this Act.

Repeal of transitional provisions

17 Sections 14 to 16 are repealed on a date to be set by regulation of the Lieutenant Governor in Council.

Consequential Amendments

BC Benefits (Appeals) Act

Section 1 of the BC Benefits (Appeals) Act, R.S.B.C. 1996, c. 25, is amended in the definition of

"designated Act" by repealing paragraph (

a) and substituting the following:

(

a) the BC Benefits (Child Care Subsidy) Act, .

BC Benefits (Child Care) Act

19 The BC Benefits (Child Care) Act, R.S.B.C. 1996, c. 26, is amended by repealing the title and substituting the following:

BC BENEFITS (CHILD CARE SUBSIDY) ACT .

Section 1 is amended by repealing the definition of "child care

grant" .

21 Sections 2 to 4 are repealed and the following substituted:

Child care subsidies

4 Subject to the regulations, the minister may pay child care subsidies.

Section 9 (2) is amended

(

a) in paragraph (

a) by striking out " child care; " and substituting " child care subsidies; ", and

(

b) in paragraph (

b) by striking out " child care programs; " and substituting " child care subsidies; ".

Section 13 (2) (

p) is amended by striking out "subsidized" .

Evidence Act

Section 61 (1) of the Evidence Act, R.S.B.C. 1996, c. 124, is amended

(

a) by renumbering paragraph (

f) as paragraph (g), and

(

b) by repealing paragraph (

e) and substituting the following:

(

e) for the BC Benefits (Child Care Subsidy) Act , each person to whom the minister has delegated powers or duties under that Act;

(

f) for the Child Care BC Act , each person to whom the minister has delegated powers or duties under that Act;

Schedule

Projected Budget for Child Care Grants and Programs

Fiscal Year

01/02

02/03

03/04

04/05

Total per Fiscal Year

($ Millions)

Explanatory Note

The Child Care BC Act provides for child care grants including child care grants under the funding assistance program. Under the funding assistance program, child care grants will be administered through written agreements between the minister and child care providers.

The Bill sets the

schedule for implementation of the funding assistance program and provides that parents will pay a maximum fee of $14 per day for basic day care services.

The Bill renames the BC Benefits (Child Care) Act as the BC Benefits (Child Care Subsidy) Act and leaves subsidies to low-income parents to be administered under that Act.

The Provincial Child Care Council is continued under the Child Care BC Act and its duties are to advise the minister responsible for the Act and the minister responsible for the

BC Benefits (Child Care Subsidy) Act.

Copyright

© 2001: Queen's Printer, Victoria, British Columbia, Canada