Third

Session, 47th General Assembly

Elizabeth II, 2014

BILL 30

AN ACT TO REGULATE

CHILD CARE SERVICES

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

SUSAN SULLIVAN

Minister of Education and Early Childhood

Development

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal and replace

the Child Care Services Act .

The Bill would

require child care services and

agencies to be licensed unless exempt;

establish the licensing process;

appoint inspectors and

establish the powers of inspectors to carry out inspections of child care

services and agencies; and

establish the process for

issuing orders when a child care service or agency violates the Act or the

regulations.

A BILL

AN ACT TO REGULATE CHILD CARE SERVICES

Analysis

Short title

Definitions

Labrador Inuit rights

PART

ADMINISTRATION

Provincial Director of Child Care

Managers

Inspectors

Protection from liability

PART

LICENCES

Child care service

Agency

Application for licence

Renewal and variation

Issuance

Refusal to issue, renew or vary

Licences generally

Terms

Suspension and revocation

Review of suspension or revocation

Consequences of suspension or revocation

PART

III

INSPECTIONS AND VIOLATION ORDERS

Inspections

Warrants

Telewarrants

Inspection report

Consequences of non-compliance

Requirements of violation orders

Review of violation orders

PART

INFORMATION AND ACCESS

Application of this

Part

Information is confidential

Access to information

Entry to facility

Posting of violation orders and other

documents

PART

GENERAL

Offence

Service

Statutory review

Regulations

Fees and forms

PART

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Transitional

SNL2010 cC-12.2 Amdt.

SNL2001 cC-14.1 Amdt.

SNL2005 cS-16.2 Amdt.

SNL1993 cT-4.1 Amdt.

SNL1998 cC-11.1 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Child Care Act .

Definitions

2. In

this Act

(a) "affiliated child care service provider"

means a person who is a child care service provider operating a child care

service in a family home and who holds an approval certificate issued by an

agency;

(b) "agency" means an agency referred to

in subsection 9(2);

(c) "agent" means a person who or an organization

that operates an agency;

(d) "approval certificate" means the

document referred to in subsection 9(3);

(e) "child" means a person younger than 13

years old;

(f) "child care service" means an activity

or other arrangement that provides temporary care or supervision of a child but

does not include

(

i) transition to school activities provided to

children before entry to Kindergarten that are developed and approved by the Department

of Education and Early Childhood Development,

(ii) activities or other arrangements of artistic instruction,

tutoring or sports that are provided to children who are enrolled in school

full-time,

(iii) day camps during school breaks that are

provided to children who are enrolled in school full-time,

(iv) an occasional activity or other arrangement of

more than 10 consecutive hours that either is a child care service exempted

under another provision of this Act or the regulations or is provided by a

child care service provider exempted under another provision of this Act or the

regulations, and

(

v) those other activities or arrangements exempted

under this Act or the regulations;

(g) "child care service provider" means

a person who or an organization that operates a child care service and includes

an affiliated child care service provider but does not include

(

i) schools operating under the Schools Act, 1997 ,

(ii) hospitals where the child care service is provided

to in-patient children,

(iii) parents and relatives when providing care or

supervision to a child who is related to them,

(iv) a person who operates a child care service for

a child in the home of that child in exchange for compensation from one or more

of the child's parents or relatives, and

(

v) those other persons or organizations exempted

under this Act or the regulations;

(h) "employee" means a person who is employed

including a person whose services are under contract, an administrator and a

caregiver;

(i) "facility" means,

(

i) in relation to a child care service, a centre

or family home consisting of one or more buildings, houses and indoor or

outdoor areas where the child care service is operated but does not include a

location that is generally open to the public, and

(ii) in relation to an agency, one or more

buildings or houses where the agency is operated;

(j) "licensee" means a child care

service provider or agent who holds a licence under this Act;

(k) "manager" means a person appointed under

subsection 5(1);

(l) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(m) "monitor" means a person appointed

by an agency under paragraph 9(2)(d);

(n) "parent" means the following persons

in relation to a child:

(

i) a mother and her spouse or cohabiting partner,

(ii) a father and his spouse or cohabiting partner,

(iii) a foster parent as defined in the Children and Youth Care and Protection Act ,

and

(iv) a guardian;

(o) "peace officer" means a member of

the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police and includes

a person approved by the Attorney General to perform the duties of a peace

officer;

(

p) provincial director means the Provincial

Director of Child Care appointed under

section 4;

(q) "relative" means

(

i) a parent, sibling, niece or nephew

of a parent, and

(ii) a sibling, niece or nephew of a child;

(r) "student" means a person who assists

a child care service provider as a requirement of an early childhood education

program at a post-secondary institution; and

(s) "warrant" means a warrant issued

under

section 20 and a telewarrant issued under

section 21.

Labrador Inuit rights

(1) This

Act and regulations made under this Act shall be read and applied in conjunction

with the Labrador Inuit Land Claims

Agreement Act and, where a provision of this Act or regulations made under

this Act is inconsistent or conflicts with a provision, term or condition of

the Labrador Inuit Land Claims Agreement

Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over

the provision of this Act or a regulation made under this Act.

(2) Where, under this Act or regulations made

under this Act, a manager issues a licence he or she may add to that licence terms

and conditions that the licensee shall comply with in order to ensure compliance

Inuit Land Claims Agreement Act .

PART I

ADMINISTRATION

Provincial

Director of Child Care

4. The

minister shall appoint a person to be the Provincial Director of Child Care who

shall be responsible for

(

a) establishing province-wide policies and

standards for child care services including licensing and facilities;

(

b) establishing province-wide policies and

standards for persons involved in operating a child care service;

(

c) reviewing, evaluating and monitoring adherence

to the established policies and standards; and

(

d) advising and reporting to the minister on

matters with respect to this Act and the regulations.

Managers

(1) The

minister shall appoint one or more managers who shall exercise the powers and

perform the duties and functions that are conferred or imposed upon them by

this Act and the regulations.

(2) An appointment under subsection (1) shall be

advisable.

Inspectors

(1) The

minister shall appoint one or more inspectors who shall exercise the powers and

perform the duties and functions that are conferred or imposed on them by this

Act and the regulations.

(2) Inspectors appointed under this Act shall have

the qualifications and experience set out in the regulations.

(3) A manager shall not be appointed as an

inspector under this Act.

(4) Inspectors appointed under this Act may be

accompanied by one or more persons when exercising the powers or performing the

duties or functions conferred or imposed on inspectors by this Act and the

regulations and those other persons shall have the rights and powers given to

an inspector under

section 19 while accompanying the inspector.

(5) Nothing in this Act or the regulations limits

inspectors appointed under other Acts and regulations from exercising powers or

carrying out duties or functions conferred or imposed on them by other Acts and

regulations.

Protection from

liability

7. A

manager, inspector, the provincial director or other person is not personally

liable for anything done or omitted in good faith in the exercise or performance,

or intended exercise or performance, of

(

a) a power, duty or function conferred or imposed

upon him or her by this Act or the regulations; or

(

b) a power, duty or function on behalf of or

under the direction of a person on whom the power, duty or function is conferred

or imposed by this Act or the regulations,

or for the costs in connection with an action

or proceeding.

PART II

Licences

Child care service

8. A

child care service provider shall not operate a child care service unless that child

care service provider

(

a) holds a valid child care service licence for

that child care service;

(

b) is exempt from the requirement to hold a child

care service licence to operate that child care service; or

(

c) is approved by an agency and the agent of that

agency holds a valid agency licence.

Agency

(1) An

agent shall not operate the business of an agency as set out in subsection (2) unless

that agent holds a valid agency licence.

(2) An agency shall

(

a) approve affiliated child care service

providers in accordance with the provisions of this Act and the regulations that

apply to applications for a child care service licence to operate a child care

service in a family home;

(

b) supervise affiliated child care service

providers it approves and the child care services operated by those affiliated

child care service providers to ensure compliance with the provisions of this

Act and the regulations that apply to affiliated child care service providers

and to licensees that hold a child care service licence to operate a child care

service in his or her home;

(

c) provide supports to affiliated child care

service providers it approves; and

(

d) appoint monitors to exercise the powers and

perform the duties and functions conferred or imposed upon them by this Act and

the regulations.

(3) Where an agency approves an affiliated child

care service provider, the agency shall issue an approval certificate to that

affiliated child care service provider.

(4) An agency shall ensure that a monitor visits

each affiliated child care service provider the agency approves and the facility

in which the child care service of that affiliated child care service provider is

operated at least once a month.

Application for

licence

10. An

applicant shall apply in writing to a manager for a licence under this Act in

the form prescribed by the minister.

Renewal and variation

(1) A

licensee shall apply in writing to a manager to renew or vary a licence under

this Act in the form prescribed by the minister before the licence expires.

(2) Where an application to renew a licence is

made at least 60 days before the day the licence expires, the existing licence

is considered to be valid until the licensee receives the decision of a manager

on the licensee's application for renewal.

Issuance

(1) Where

a manager is satisfied upon the inquiry and investigation that he or she

considers necessary that all requirements prescribed in this Act and the regulations

are met, the manager may

(

a) issue a child care service licence to a child

care service provider;

(

b) issue an agency licence to an agent;

(

c) renew a licence; or

(

d) vary a licence.

(2) A manager may issue, renew or vary a licence with

Refusal to issue,

renew or vary

(1) A

manager may refuse to issue, renew or vary a licence where

(

a) the applicant is a person who is younger than

19 years old;

(

b) the applicant is applying for an agency

licence and the applicant is not a not-for-profit corporation or a corporation

without share capital;

(

c) the applicant fails to provide the documentation

required by this Act and the regulations;

(

d) one or more of the applicant, child care

service, agency or facility do not meet the requirements set out in this Act

and the regulations;

(

e) the applicant was previously issued a licence

that was later revoked;

(

f) the manager is satisfied that the applicant

made one or more false or misleading statements in the application or in the information

provided in support of the application; or

(

g) the manager is satisfied that it would not be

appropriate to issue, renew or vary a licence.

(2) Where an application is refused, the manager shall

provide written reasons to the applicant by regular mail.

(3) An applicant whose application has been

refused may request a review of the application.

(4) A request for review under subsection (3) shall

be in writing and made to the minister within 30 days after the applicant

receives the written reasons for refusal.

(5) A review shall be performed within 60 days of

the receipt of the written request and a written decision including reasons shall

be sent by regular mail to the person who requested the review within 5

business days of being decided.

(6) An appeal lies from the decision of the minister

to a judge of the Trial Division.

Licences generally

(1) Licensees

are entitled to operate only the child care service or agency specified in the

licence in the facility specified in the licence in accordance with the terms and

conditions attached to it.

(2) Licences issued by a manager shall set out

(

a) the name of the licensee;

(

b) the name of the child care service or agency that

is permitted to operate under the licence;

(

c) the type of licence;

(

d) the commencement and expiration dates of the licence;

(

e) where the licence is a child care service

licence,

(

i) the street address of the facility where the

child care service is operated,

(ii) the maximum number of children and the ages of

the children who may participate in the child care service at any one time, and

(iii) where applicable, the number of homerooms

permitted under the licence and the maximum number of children and the age

range of children that may be assigned to those homerooms; and

(

f) where the licence is an agency licence, the street

address of the agency.

(3) Licences are valid for a maximum of 3 years.

(4) Licences are not transferrable or assignable.

Terms

15. Licensees

holding a valid licence shall

(

a) maintain insurance coverage in accordance with

the regulations;

(

b) prepare, maintain and keep books and records in

accordance with this Act and the regulations;

(

c) operate the child care service or agency in accordance

(

d) where the licensee is a child care service

provider, obtain written approval from a manager before doing one or both of

the following:

(

i) renovating a facility in a way that modifies

the configuration of the space, or

(ii) making a material change to its program; and

(

e) comply with this Act, the regulations and any terms,

conditions and requirements that may be prescribed by the minister.

Suspension and

revocation

(1) A

manager may suspend or revoke a licence where the manager is satisfied that

(

a) one or more of the following have violated

this Act, the regulations or a term or condition of the licence:

(

i) the licensee,

(ii) a child care service or agency the licensee operates,

(iii) a child care service provider operating a

child care service under the licence or under an approval certificate issued by

the licensee, or

(iv) an employee, student or volunteer who assists

or provides services in the operation of the child care service or agency; or

(

b) the applicant made one or more false or

misleading statements in the application or to an inspector.

(2) A manager shall not suspend a licence for more

than 30 days.

(3) Where a licence is suspended and the terms and

conditions necessary to lift the suspension are met in the time set by the manager

and to the satisfaction of the manager, the manager shall reinstate the licence

with or without terms or conditions.

(4) Where a licence is suspended and the terms and

conditions necessary to lift the suspension are not met in the time set by the manager

and to the satisfaction of the manager, the manager shall revoke the licence.

(5) Where a licence is suspended or revoked, the manager

shall serve a notice of suspension or revocation and written reasons for the

decision on the licensee, the child care service provider or an employee of the

licensee or the child care service provider.

Review of suspension

or revocation

(1) A

licensee whose licence has been suspended or revoked may request a review of

the suspension or revocation.

(2) A request for review under subsection

(1) shall be in writing and made to the minister within 30 days from the date the

licensee receives the written reasons for suspension or revocation.

(3) A review shall be performed within 60 days of

the receipt of the written request and a written decision including reasons

shall be sent by regular mail to the person who requested the review within 5

business days of being decided.

(4) An appeal lies from the decision of the minister

to a judge of the Trial Division.

Consequences of

suspension or revocation

(1) Where

a licence is suspended or revoked the child care service or agency specified in

that licence shall not be operated.

(2) Where a licence is revoked, the licensee shall

immediately return the licence to a manager.

(3) Where an agency licence is revoked, a manager may

issue a temporary child care service licence to one or more affiliated child

care service providers of that agency for a maximum of 6 months where the manager

is satisfied that the affiliated child care service provider is in compliance

with this Act and the regulations.

(4) Where a temporary child care service licence

expires, an affiliated child care service provider shall not operate a child

care service unless that affiliated child care service provider

(

a) holds his or her own valid child care service licence;

(

b) is under the supervision of, and holds an

approval certificate from, an agency whose agent holds a valid agency licence;

(

c) is exempt from the requirement to hold a

licence.

PART III

INSPECTIONS AND VIOLATION ORDERS

Inspections

(1) An

inspector appointed under this Act may, at all reasonable times and without a

warrant, for a purpose related to the administration or enforcement of this Act

or the regulations, inspect or examine the facilities, premises, processes,

books and records of a child care service provider, child care service, agency,

agent or a person the inspector may consider relevant for the purpose of determining

compliance with this Act or the regulations and the inspector may do one or

more of the following:

(

a) enter

(

i) a facility,

(ii) premises where property, books or records

relating to a child care service or agency are or may be kept, or

(iii) premises where anything is done or is

suspected of being done in connection with a requirement of this Act or the

regulations;

(

b) conduct tests and make copies, extracts,

photographs or videos the inspector considers necessary; or

(

c) require a child care service provider, agent,

owner of a facility or premises or their employees, students and volunteers to

(

i) give the inspector all reasonable assistance,

including the production of books and records as requested by the inspector and

to answer all questions relating to the administration or enforcement of this

Act or the regulations and, for that purpose, require a person to attend at a facility

or premises with the inspector, and

(ii) make available the means to generate and

manipulate books and records that are in machine readable or electronic form

and any other means or information necessary for the inspector to assess the

books and records.

(2) Nothwithstanding subsection (1), an inspector appointed

under this Act shall not enter a dwelling-house without the consent of the

occupant except under the authority of a warrant.

(3) A person shall not knowingly make a false or

misleading statement, either orally or in writing, to the inspector while he or

she is exercising powers or carrying out duties or functions under this Act or

the regulations.

(4) An inspector appointed under this Act shall

inspect the following at least once a year to determine whether they are in

compliance with this Act and the regulations:

(

a) each child care service that is operated under

a licence and the facility in which it is operated; and

(

b) each agency and the facility in which it is

operated.

(5) An inspector appointed under this Act shall

inspect the greater of 10% or 5 of the affiliated child care service providers approved

by each agency and the facilities in which the child care services of those

affiliated child care service providers are operated each year.

Warrants

(1) Where

an inspector appointed under this Act

(

a) is denied entry to a facility or premises to

carry out an inspection; or

(

b) believes on reasonable and probable grounds

that there has been a contravention of this Act or the regulations,

the inspector may file an application with

the Provincial

Court for a warrant.

(2) Where a Provincial Court judge is satisfied on

the basis of an inspector's sworn information that there are reasonable grounds

to believe that the inspector has been denied entry to a facility or premises

to carry out an inspection or there has been a contravention of this Act or the

regulations, the judge may issue a warrant authorizing the inspector to do one

or both of the following:

(

a) enter the facility or premises and carry out

an inspection under this Act; or

(

b) seize or remove any of the books or records

that may be required as evidence of contravention and may retain those

documents until the time they are required in a court proceeding.

(3) A Provincial Court judge

may receive and consider an application for a warrant or extension of warrant

without notice to the child care service provider, agent or the owner of the facility

or premises.

(4) Child care service providers, agents, owners

of a facility or premises and their employees, students and volunteers shall

not obstruct an inspector while the inspector is exercising the powers and

performing the duties and functions as authorized by the warrant.

(5) At the request of an inspector, a peace

officer shall assist in enforcing a warrant.

Telewarrants

(1) Where,

in the opinion of an inspector, it would not be practical to appear in person

before a Provincial

Court judge to apply for a warrant,

the inspector may make the application by telephone or other means of

telecommunication.

(2) Where an inspector acts under the authority of

a warrant obtained under this section, the inspector shall provide a facsimile

of the warrant to an employee of the child care service provider or agency or

to the owner or an employee of the facility or premises present at the time the

warrant is carried out.

(3) In subsection (2), "facsimile"

includes a record produced by electronic means or a written record of a

telephone conversation made by both parties to the conversation while it is in

progress and which the parties have confirmed as to its accuracy by reading

their record of the conversation to one another at the end of the conversation.

Inspection report

22. An

inspector appointed under this Act shall prepare a written report of each

inspection within 30 days of the inspection and provide it to

(

a) a manager;

(

b) the child care service provider of a child

care service where that child care service or the facility in which it is

operated was the subject of the inspection;

(

c) the agent of an agency where that agency or the

facility in which it is operated was the subject of the inspection; and

(

d) the affiliated child care service provider and

the agent of his or her supervising agency where that affiliated child care

service provider or the facility in which his or her child care service is

operated was the subject of the inspection.

Consequences of non-compliance

(1) Where

an inspection report details evidence of non-compliance with this Act or the

regulations, a manager may

(

a) issue a written violation order against the licensee

requiring the licensee to bring one or more of the child care service, agency

or facility into compliance; or

(

b) suspend or revoke a licence.

(2) A violation order issued by a manager shall be

posted in accordance with

section 30 for either 30 consecutive days or until a manager

is satisfied that the child care service, agency and facility are in compliance

with this Act and the regulations, whichever is longer.

Requirements of

violation orders

24. A

violation order shall

(

a) be issued against a licensee with respect to a

specific child care service or agency;

(

b) set out the name of the child care service or

agency that is the subject of the violation order and the street address where the

child care service or agency is operated;

(

c) describe the violation of this Act or the

regulations;

(

d) where applicable, set out the time by which

the licensee shall bring the child care service, agency or facility into compliance;

(

e) set out the date it was issued;

(

f) be signed by the manager who issued it; and

(

g) be served on the licensee.

Review of

violation orders

(1) A

licensee who receives a violation order may request a review of the violation

order.

(2) A request for review under subsection

(1) shall be in writing and made to the minister within 30 days from the date the licensee

receives the violation order.

(3) A review shall be performed within 60 days of

the receipt of the written request and a written decision including reasons

shall be sent by regular mail to the person who requested the review within 5

business days of being decided.

(4) An appeal lies from the decision of the minister

to a judge of the Trial Division.

PART IV

INFORMATION and ACCESS

Application of

this

Part

26. Unless

otherwise provided for in this Part, this Part applies only to the following:

(

a) child care service providers that operate a child

care service under a child care service licence;

(

b) affiliated child care service providers;

(

c) agents; and

(

d) agencies.

Information is

confidential

(1) Child

care service providers, agents and agencies shall keep confidential all information

with respect to

(

a) children who are currently or have been

previously registered in their or their affiliated child care service provider's

child care service;

(

b) children who apply to become registered in their

or their affiliated child care service provider's child care service; and

(

c) the parents and relatives of children referred

to in paragraphs (

a) and (b).

(2) Notwithstanding subsection (1), information with

respect to children and their parents and relatives may be disclosed without consent

(

a) by an affiliated child care service provider

to a monitor or an employee of the agency that issued that affiliated child

care service providers current approval certificate while the monitor or

employee is exercising powers or carrying out duties or functions under this

Act or the regulations;

(

b) to an inspector while he or she is exercising

powers or carrying out duties or functions under this Act or the regulations;

(

c) for the purpose of complying with a subpoena,

warrant or court order;

(

d) where required by this Act or the regulations

or by another Act or regulations; and

(

e) where required to ensure the health or safety of

a child registered in a child care service.

Access to information

28. Parents

of a child registered in a child care service, and persons authorized in

advance in writing by one or more of those parents, are entitled to a copy of

the following upon request:

(

a) the documents and records of the child care

service provider and child care service with respect to that child;

(

b) the violation orders made against the child

care service provider with respect to that child care service;

(

c) where applicable, the child care service licence

or the agency licence of the supervising agency;

(

d) where the child care service provider is an affiliated

child care service provider, the approval certificate issued by his or her

supervising agency; and

(

e) other documents and records with respect to

that child set out in the regulations.

Entry to facility

29. Parents

of a child registered in a child care service, and persons authorized in

advance in writing by one or more of those parents, may enter the facility in

which that child care service is operated at any time during its operating hours.

Posting of

violation orders and other documents

(1) All

documents required to be posted in accordance with this Act or the regulations shall

be posted together in a place that is prominent, visible and near the main

entrance of the facility in which the child care service that is the subject of

the documents is operated.

(2) A licensee holding a child care service licence

shall post the current licence issued by a manager for that child care service and

a copy of outstanding violation orders with respect to that child care service.

(3) A licensee holding an agency licence shall

post the current licence issued by a manager for that agency and a copy of outstanding

violation orders with respect to that agency.

(4) An affiliated child care service provider shall

post the current approval certificate issued by the supervising agency for that

child care service and a copy of outstanding violation orders with respect to

that child care service.

PART V

GENERAL

Offence

(1) A

person who contravenes this Act or the regulations or makes a false statement

in an application, return, form or record required under this Act or the

regulations is guilty of an offence and liable on

summary conviction

(

a) for a first offence, to a fine of not less

than $500 and not more than $2,000 or to imprisonment for not more than 60 days

or to both a fine and imprisonment; or

(

b) for a subsequent offence, to a fine of not

less than $2,000 and not more than $5,000 or to imprisonment for not more than

90 days or to both a fine and imprisonment.

(2) Each contravention of this Act or the

regulations constitutes a new and separate offence.

(3) Where an offence under this Act or the

regulations is committed or continued on more than one day, the person who

committed the offence is liable to be convicted for a separate offence for each

day on which the offence is committed or continued.

(4) Where a person is convicted of an offence

under this Act or the regulations, in addition to another punishment that may

be imposed under this Act, the court may, having regard to the nature of the

offence and the circumstances surrounding its commission, make an order requiring

the offender to comply with those conditions that the court considers

appropriate in the circumstances for securing the offenders good conduct and

for preventing the offender from repeating the same offence or committing other

offences.

Service

(1) Where,

under this Act or the regulations, service upon a person is required, service

shall be made in person or by registered mail at the last known address of the

person and where that person is a corporation, service shall be made in the same

manner upon a director or chief executive officer of the corporation.

(2) Personal service referred to in subsection

(1) may be proved by a statement under oath either orally or in writing by the person

who served the document.

(3) A document sent by registered mail in

accordance with subsection (1) shall be considered to be served on the fifth

day after the day of mailing, unless the person to whom it is sent establishes

that, acting in good faith, the person did not receive the document, or did not

receive it until a later date.

Statutory review

(1) The

minister shall, every 5 years, conduct a review of this Act and the regulations

and consider the areas which may be improved.

(2) A review conducted under subsection (1) shall

include public consultations.

Regulations

34. The

minister may make regulations

(

a) prescribing child care service providers or

child care services that are included in, or exempted from, the application of

this Act or the regulations or a part of them and prescribing the terms or

conditions of inclusion or exemption;

(

b) prescribing the design and construction of facilities

and the furnishings, materials and equipment to be provided at facilities;

(

c) respecting applications for licences;

(

d) respecting licences including types of licences,

when a licence is required, the requirements that shall be met before a licence

(

e) respecting the suspension and revocation of licences;

(

f) respecting certification including levels of

certification, applications for certification or for renewal of certification, and

the requirements that shall be met before it is granted;

(

g) prescribing the qualifications, experience and

other requirements of licensees, child care service providers and agents as

well as employees, students and volunteers of licensees, child care service

providers, agents and agencies;

(

h) prescribing requirements for the supervision, health,

safety, nutrition and behaviour guidance of children registered in a child care

service;

(

i) prescribing requirements for the program to be

followed in a child care service;

(

j) prescribing when parents and managers shall be

notified of information with respect to children registered in a child care

service;

(

k) respecting the insurance coverage that shall

be carried with respect to a child care service provider, child care service,

agent or agency;

(

l) prescribing hours of operation of a child care

service;

(

m) respecting requirements for registration of a

child in a child care service including the information and documentation that

must be submitted;

(

n) prescribing the child to caregiver ratio and

the maximum number of children that may be registered in a child care service;

(

o) prescribing the documentation, books and records

that shall be kept by child care service providers, agents and agencies, the

manner in which they shall be kept and whether parents or persons authorized by

parents are entitled to a copy of them;

(

p) respecting the provincial director, managers

and inspectors appointed under this Act including the qualifications, experience

and other requirements of those persons;

(

q) prescribing the powers, duties and functions of

the provincial director, managers and inspectors appointed under this Act;

(

r) respecting monitors including the

qualifications, experience and other requirements of monitors;

(

s) prescribing the powers, duties and functions of

monitors;

(

t) respecting violation orders including when

what information shall be included in a violation order;

(

u) respecting the documents that shall be posted

at a facility and the manner in which they shall be posted;

(

v) prescribing restrictions on advertising and

promotional materials with respect to child care service providers, child care

services, agents and agencies;

(

w) defining a word or phrase used but not defined

in this Act; and

(

x) generally, to give effect to this Act.

Fees and forms

35. The

minister may set fees and establish forms for the purpose and administration of

this Act and the regulations.

PART VI

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS AND COMMENCEMENT

Transitional

(1) Where

an applicant submitted an application under the Child Care Services Act or the Child

Care Services Regulations, 2005 and that application has not been issued,

granted or refused on the coming into force of this Act, it shall be considered

to be an application under this Act or the regulations.

(2) On the coming into force of this Act, a valid licence

issued under the Child Care Services Act

shall continue to be valid as though it were a licence issued under this Act

until whichever of the following occurs first:

(

a) the licence expires; or

(

b) one year after the coming into force of this

Act.

(3) On the coming into force of this Act, a

licence suspended under the Child Care

Services Act shall continue to be suspended as though it were suspended

under this Act.

(4) An outstanding violation order issued under the

Child Care Services Act before the coming

into force of this Act shall be considered to be an outstanding violation order

under this Act.

SNL2010 cC-12.2

Amdt.

37. Paragraph 11(5)(

b) of the Children and Youth Care and Protection Act is repealed and the following

substituted:

(

b) a teacher, educational psychologist, guidance

counsellor, school principal, social worker, family counsellor, member of the

clergy or religious leader, persons involved in operating or providing a child

care service or agency, a youth worker and a recreation worker;

SNL2001 cC-14.1

Amdt.

38. The

Schedule to the Citizens' Representative Act is amended by deleting the words

" Day Care and

Homemaking Services Licensing Board".

SNL2005 cS-16.2

Amdt.

39. Paragraph 4(1)(

e) of the Smoke-free Environment Act, 2005 is repealed and the following

substituted:

(

e) a facility as defined in the Child Care Act that is a family home

while a child care service is being operated or a facility as defined in the Child Care Act that is not a family home;

SNL1993 cT-4.1

Amdt.

40. Paragraph 4.1(1)(

h) of the Tobacco Control Act is repealed and the following substituted:

(

h) a facility as defined in the Child Care Act that is a family home

while a child care service is being operated or a facility as defined in the Child Care Act that is not a family home;

SNL1998 cC-11.1 Rep.

41. The Child

Care Services Act is repealed.

Commencement

42. This Act

comes into force on a day to be proclaimed by the Lieutenant-Governor in

Council.

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