Child Care Modernization Act, 2014 Sandals, Hon. Liz Minister of Education — Bill 143 (40th Parliament, 2nd Session)

Bill 143, 40-2

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Bill 143, Child Care Modernization Act, 2014

Sandals, Hon. Liz Minister of Education

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[40] Bill 143 Original (PDF)

Bill 143 2013

Act to enact the Child Care and Early Years Act, 2013, to repeal the Day

Nurseries Act, to amend the Early Childhood Educators Act, 2007 and the

Education Act and to make consequential amendments to other Acts

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule

Child

Care and Early Years Act, 2013

Schedule

Repeal

of Day Nurseries Act

Schedule

Amendments

to the Early Childhood Educators Act, 2007

Schedule

Amendments

to the Education Act

Schedule

Consequential

Amendments to Other Acts

______________

Preamble

The Day Nurseries Act is the current statute governing child

care in Ontario. Enacted in 1946, it does not reflect current evidence based

best practices or standards of care. It does not align with the child care

needs of today's families, nor is it adaptable to serve the needs of families

in the future. The legislative framework that regulates child care must be

updated and improved to strengthen oversight of the sector, to clarify when a

licence is required, and to provide greater incentives to obtain a licence.

Establishing

a system of responsive, safe, high quality and accessible child care and early

years programs and services will support parents and families, and will

contribute to the healthy development of children.

Research

has indicated that the learning and development that occurs during a child's

early years is critical. It can have a major bearing on a person's later

achievements in school and in the workplace, and on overall health and

well-being throughout a person's lifetime.

strong system of child care and early years programs and services increases

labour market attachment by supporting the diverse working circumstances of

parents. Enabling parents' continued participation in the workforce would

contribute to a stronger Ontario.

support the particular cultural and linguistic needs of Aboriginal, First

Nations, Métis and Inuit communities, as well as Francophone communities,

Ontario needs child care options that are responsive and adaptable.

Service

managers (municipalities and district social services administration boards)

together with their partners, should lead local initiatives to address the

various needs of their communities, establish connections among child care and early

years programs and services, and plan for the delivery of a continuum of such

programs and services.

The

delivery of high quality, developmentally responsive child care and early years

programs and services necessitates the employment of knowledgeable and self-reflective

educators, such as Registered Early Childhood Educators.

response to the statutory review of the Early Childhood

Educators Act, 2007 , the Act should be amended to support the College of

Early Childhood Educators in promoting and ensuring high standards for the

profession, and in protecting the public interest in the regulation of early

childhood education.

Providing

for the expansion of extended day and third party programs for 6 to 12 year

olds would increase the availability of these programs, building on the

successful implementation of full day kindergarten. This would support an

increasingly seamless and integrated day to help meet the needs of children as

they grow.

Therefore,

Her Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1. This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject

to subsections (2) and (3), this Act comes into force on the day it receives

Royal Assent.

Same

(2) The Schedules to this Act come into

force as provided in each Schedule.

Same

(3) If a

Schedule to this Act provides that

any provisions are to come into force on a day to be named by proclamation of

the Lieutenant Governor, a proclamation may apply to one or more of those

provisions, and proclamations may be issued at different times with respect to

any of those provisions.

Short

title

3. The

short title of this Act is the Child Care Modernization

Act, 2013 .

Schedule A

Child care and Early Years Act, 2013

CONTENTS

PART I

PURPOSES AND

INTERPRETATION

Purposes

of Act

Definitions

Meaning

of "child care"

Exempt

circumstances

PART II

PROTECTIVE MEASURES

Application

of Part - exempt circumstances

Prohibition

- operation of child care centre

Prohibition

- operation of home child care agency

Prohibition

- operation of multiple unlicensed premises

Prohibition

- past conduct, child care providers, etc.

Prohibition

- preventing parental access

Prohibition

- use of terms re licensing

Duty

to disclose if not licensed

Duty

to act in accordance with regulations

Posting,

returning and copying licences

Duty

to provide receipt for payment

Accrediting

programs and services

Use

of terms re accreditation

Duty

to report certain matters to director

Publication

of information

PART III

LICENSING

Issuance

and renewal of licence

Conditions

of licence

Term

of licence

Refusals

and revocations

Provisional

licence

Notice

of change in status or conditions

Temporary

change in location, child care centre

Authorization,

request by agency

PART IV

INSPECTIONS

Appointment

of inspectors

Purpose

of inspection

Inspections

without warrant

Powers

on inspection

Warrants

Inspection

report

Admissibility

of certain documents

Criminal

reference checks

PART V

ENFORCEMENT

Orders

Compliance

orders

Protection

orders

Restraining

orders by court

Administrative

Penalties

Notice

of administrative penalty

Enforcement

of administrative penalty

Crown

debt

Director

may authorize collector

Collector's

powers

Settlement

by collector

General

Enforcement

measures

Consideration

of past conduct

PART VI

SERVICE SYSTEM PLANNING FOR CHILD CARE AND EARLY YEARS PROGRAMS AND SERVICES

Interpretation

Non-application

Part V

Provincial

Interest

Provincial

interest

Duty

to co-operate

Child

Care and Early Years Programs and Services Plans

Child

care and early years programs and services plan

Implementation

of plan

Minister's

Role

Role

of Minister

General

powers of Minister

Minister's

policy statements - provincial interest, programming and pedagogy, etc.

Role

of Service Managers, First Nations and Prescribed Local Authorities

Duties

of service manager

General

powers of service manager

Periodic

reports to Minister

Other

reports, etc., to Minister

General

powers of First Nations

General

powers of prescribed local authorities

Advice

to director re licensing

PART VII

GENERAL

Non-application

Part V

Administration

Administration

of Act

Service

managers

Directors

Delegation

to Ministry employees

Program

advisers

Personal

Information and Ontario Education Numbers

Collection

and use of personal information - Minister

Collection

and use of personal information - service manager, etc.

Assignment

of numbers

Privacy,

Ontario education numbers

Miscellaneous

Service

Certain

child care centres in schools: building requirements, etc.

Prohibition

- obstruction of inspector

Prohibition

- false or misleading information

List

of offences

Penalties

for offences

Minister's

review of Act

Regulations

Regulations

- Minister

Regulations

- Lieutenant Governor in Council

Retroactivity

and incorporation by reference

Public

consultation before making regulations

Notice

of regulation on website

PART VIII

TRANSITION AND CONSEQUENTIAL AMENDMENT

Payments

under Day Nurseries Act

Approvals

of corporations under the Day Nurseries Act

Transitional

regulations

Amendment

in consequence of Not-for-profit Corporations Act, 2010

PART IX

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

______________

Part I

PurposeS and

Interpretation

Purposes

of Act

(1) The

purposes of this Act are to foster the learning, development, health and

well-being of children and to enhance their safety.

Same

(2) In order to fulfil the purposes set out

in subsection (1), this Act,

(

a) provides

a framework for the regulation of,

(

i) the

provision of child care, and

(ii) the

operation of child care and early years programs and services;

(

b) establishes

a licensing and compliance scheme relating to the provision of child care;

(

c) sets

out requirements in relation to the funding and resourcing of child care and

early years programs and services;

(

d) facilitates

and supports the local planning and implementation of child care and early

years programs and services by municipalities, district social

services administration boards, First Nations and prescribed local

authorities;

(

e) provides

access to information that,

(

i) supports

the ability of parents to evaluate and choose child care and early years

programs and services, and

(ii) increases

understanding about child development and improves the ability to evaluate the

effectiveness of the child care and early years programs and services; and

(

f) facilitates

and supports the coordination of provincial planning and policy development.

Definitions

(1) In

this Act,

"authorized

recreational and skill building programs" means programs that meet the

description set out in subsection 6 (4); (" programmes autorisés de loisirs et de

développement des compétences ")

"child" means a

person who is younger than 13 years old; ("enfant")

"child care" has the

meaning set out in

section 3; ("garde d'enfants", "services de garde")

"child care and early

years programs and services" means programs and services that,

(

a) include the

provision of child care, or

(

b) are

early years programs and services; ("programmes et services pour la garde

d'enfants et la petite enfance")

"child care and early

years programs and services plan" means the plan established and approved under

section 51; ("plan de programmes et de services pour la garde d'enfants et la

petite enfance")

"child care centre"

means a premises operated by a person licensed under this Act to operate a

child care centre at the premises; ("centre de garde")

"child care provider"

means any person who provides child care for one or more children;

("fournisseur de services de garde")

"criminal reference

check" means a document concerning an individual,

(

a) that was

prepared by a police force or service from national data on the Canadian Police

Information Centre system, and

(

b) that contains

information concerning the individual's personal criminal history; (" relevé des

antécédents criminels ")

"designated senior

employee" means a person employed in the Ministry as a deputy minister,

associate deputy minister or assistant deputy minister, or in a position

prescribed by the regulations; ("titulaire d'un poste supérieur désigné")

"director" means a

director appointed under

section 66; ("directeur")

"district social services administration

board" means a board established under the District Social

Services Administration Boards Act ; ("conseil d'administration de district des

services sociaux")

"early years programs

and services" means programs and services for children or parents that are

specified or meet the description set out in the regulation

Document details

Collection	Ontario — Bills
Citation	Bill 143, 40-2
Type	bill
Volume / chapter	p40 s2 bill 143 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	977ecef15d1d98881129210d679dfab377b98579

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