British Columbia Order in Council — Amendment to Child Care Licensing Regulation (O.C. 294/2020)

O.C. 294/2020

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that (

a) the Child · Care Licensing Regulation, B.C. Reg. 332/2007, is amended as set out in the allached Appendix 1, and (

b) the Residential Care Regulation, B.C. Reg. 96/2009, is amended as set out in the attached Appendix 2. Presiding Member of the Executive Council (This pan is for ad111i11istrative 11111poses 011/y aud fa 1101 part of the Order.) Authority under which Order is made: Act and section: Community Care and Assisted LivinR Act, S.B.C. 2002, c. 75, s. 34 (2) Other: OIC 728/2007; OIC 225/2009 page I of 8 RI0365503 294 June 1, 2020

APPENDIX 1 1 The followiizg

section is added to Division 1 of

Part 1 of the Child Care Licensing Regu lation, B.C. Reg. 332/2007: Ages of children in care programs 2.1 (

I) Subject to subsection (2), a child is eligible to receive care in a care program if (

a) the child's age matches the age or is within the age range to which the care program applies, or (

b) the child will be eligible under paragraph (

a) within one month after the date the child begins receiving care. (2) Subsection (1) (

h) docs not apply to the care program prescribed under

section 2 (I) (d) /Group Child Care (School Age)]. 2

Section 9 (1) is amended by adding "and is not disqualified under

section 9.1 [ qualifica tions for licensees]" after "19 years old or older". 3 The following

section is added: Qualifications for licensees 9.1 (

I) A person is not qualified to be a licensee if the person is a limited liability partnership within the meaning of the Parlnership Act.

(2) Despite subsection (I), the licence of a licensee who, at the time this

section comes into force, is a limited liability partnership (

a) continues to be valid until the licence expires or is surrendered or cancelled under the Act, and (

b) may be renewed in accordance with the Act.

(3) A person is not qualified to apply for a licence respecting a particular premises unless the person (

a) owns the premises, (

b) leases the premises and is not prohibited under the terms of the lease f rom operating a community care facility on the premises, or (

c) is authorized in writing hy the owner of the premises to operate a community care facility on the premises. 4

Section 13 is amended (

a) by repealing subsection (3) and substituting the following:

(3) A licensee must ensure that, on the premises of a community care facility or in a vehicle used by employees to transport children, (

a) no one engages in restricted consumption while children are under the supervision of employees, (

h) a child who consumes medical cannabis is supervised by an employee, and (

c) no one grows or stores cannabis, except medical cannabis. , and page 2 of 8

(

b) in subsection (5) by adding the following

definitions: "cannabis" has the same meaning as in the Cannabis Control and Licensing Act; "medical cannabis" has the same meaning as in the ·cannabis Control and Licensing Act; "restricted consumption" means the following: (

a) to smoke or use tobacco or hold lighted tobacco; (

b) to use an e-cigarette or hold an activated e-cigarette; (

c) to smoke or vape cannabis; "smoke or vape cannabis" has the same meaning as in

section 60 of the Cannabis Control and Licensing Act; 5

Section 22 is amended (

a) in subsection (1) by striking out "have all of the following:", (

b) by repealing subsection (1) (

a) and substituting the following: (

a) ensure that the community care facility has (

i) emergency exits that meet the requirements of the BC Building Code, and (ii) a fire drill system that is approved as defined in

section 31 of the Fire Services Act, and, and (

c) in subsection (1) (

b) by adding ''have" before "an emergency plan". 6

Section 52 (2) is repealed and the following substituted:

(2) A licensee must ensure that a child is not, while under the care or supervision of the licensee, subjected to any of the following types of abuse or neglect, as described in

section I or

Schedule H: (

a) emotional abuse; (

b) financial abuse; (

c) neglect; (

d) physical abuse; (

e) sexual ahuse. 7

Section 1 of

Schedule C is repealed and the following substituted: 1 For the purposes of

section 23 (]) [first aid], the employee must hold a valid first aid and CPR certificate from a course that meets all of the following requirements: (

a) the course must offer at least 8 hours of instruction, at least 3.5 hours of which must be delivered in person; (

b) the course instructor must have the· qualifications necessary to train employees in the skills referred to in

section 2 of this Schedule; (

c) the first aid certificate page 3 of 8

(

i) is issued only after the employee has successfully completed an examination that includes demonstration and evaluation of the skills relevant to the matters described in

section 2 of this Schedule, (ii) is signed by the instructor or is verifiable using a system established and maintained by the issuer of the certificate, (iii) includes the employee's name, the level of first aid training achieved by the employee and the name of the agency that provided the training, (iv) expires no more than 3 years from the date of issue, and (

v) is not renewable unless the holder, before the expiry date, participates in at least 8 hours of further instruction, at least 3.5 hours of which must be delivered in person, followed by an examination that includes demonstration and evaluation of the skills relevant to the matters described in

section 2 of this Schedule. 8

Section 2 of

Schedule C is amended (

a) by striking out "to the following" and substituting "to all of the following", (

b) by repealing paragraph (

m) and substituting the following: (

m) cardiovascular emergencies, including the use of automated external defibrillators;, and (

c) by adding the following paragraph: (

s) breathing and airway emergencies. APPENDIX 2 I

Section 7 (

I) of the Residential Care Regulation, B.C. Reg. 96/2009, is amended by adding "and is not disqualified under

section 7. I { qualifications for licensees]" after" 19 years old or older". 2 The following

section is added: Qualifications for licensees 7.1 (

I) A person is not qualified to be a licensee if the person is a limited liability partnership within the meaning of the Partnership Act.

(2) Despite subsection ( l ), the licence of a licensee who, at the time this

section comes into force, is a limited liability partnership continues to be valid until the licence is surrendered or cancelled under the Act.

(3) A person is not qualified to apply for a licence respecting a particular premises unless the person (

a) owns the premises, (

b) leases the premises and is not prohibited under the terms of the lease from operating a community care facility on the premises, or page 4 of 8

(

c) is authorized in wntmg by the owner of the premises to operate a community care facility on the premises. 3

Section 18 is amended (

a) by renumbering

section 18 as

section 18 (1), and (

b) by adding the following subsection:

(2) Despite subsection (I) (c), a licensee that provides a type of care described as Substance Use may limit access, by persons in care, Lo the telephone described in that subsection. 4

Section 23 is repealed and the following substituted: Tobacco, vapour products and cannabis 23 (

l) In this section: "activated e-cigarette" has the same meaning as 111 the Tohacco a11d Vapour Products Control Act; "cannabis" has the same meaning as in the Cannabis Control and licensing Act; "e-cigarette" has the same meaning as in the Tobacco and Vapour Products Control Act; "medical cannabis" has the same meaning as in the Cannabis Control and licensing Act; "restricted activity" means the following: (

a) an activity that constitutes restricted consumption; (

b) the growth or storage of cannabis; "restricted consumption" means the following: (

a) to smoke or use tobacco or hold lighted tobacco; (

b) to use an e-cigarette or hold an activated e-cigarette; (

c) to smoke or vape cannabis; "smoke or vape cannabis" has the same meaning as in

section 60 of the Cannabis Control and licensing Act; "tobacco" has the same meaning as in the Tohacco and Vapour Products Control Act.

(2) A licensee must ensure that (

a) no one other than a person in care engages in a restricted activity while on the premises of the community care facility, (

b) employees do not engage in restricted consumption while providing services to persons in care, and (

c) if necessary for the safety of the person in care, a person in care who engages in restricted consumption is supervised.

(3) A licensee must make a policy respecting all of the fol lowing: page 5 of 8

(

a) the engagement by persons in care in restricted activities, other than the consumption of medical cannahis, on the premises; (

b) the possession and disposal by anyone of tobacco, e-cigarcttes and cannabis, other than medical cannabis, on the premises.

(4) A licensee must ensure that the policy required under subsection (3) (

a) includes any restrictions on those activities on the premises, and (

b) is consistent with the prohibitions and restrictions under the Cannabis Control and Lice11sing Act or the Tobacco and Vapour Products Control Act, as applicable. 5

Section 52 ( 1) is repealed and the following substituted:

(1) A licensee must ensure that a person in care is not, while under the care or supervision of the licensee, subjected to any of the following: (

a) any of the following types of abuse or neglect, as described in

section I of

Schedule D: (

i) emotional abuse; (ii) financial abuse; (iii) neglect; (iv) physical abuse; (

v) sexual abuse; (

b) deprivation of food or tluids as a form of punishment. 6

Section 53 is amended (

a) by renumbering

section 53 as

section 53 (]), and (

b) by adding thefollo�ing subsections:

(2) A licensee that provides a type of care described as Substance Use does not contravene subsection (

I) by (

a) requiring a person in care to submit to a search or any properly that the person in care brings into the community care facility or has delivered to the community care facility, or (

b) limiting or prohihiting access to or monitoring the use of, hy a person in care, a telephone or electronic device.

(3) For greater certainty, if a person in care is suhject to an order made under

section 56 /support and assistance orders] of the Adult Guardianship Act, nothing in subsection (2) of this

section is intended to limit the court's authority to make an order or to give a direction for the purpose of meeting its duties under

section 56 (5) of that Act. 7

Section 57 is amended by adding the following subsection:

(4) A licensee that provides a type of care described as Substance Use does not contravene subsection (1) or (2) by requiring a visitor (

a) to do one or more of the following: page 6 of 8

(

i) to submit to a search of any property that the visitor brings into the community care facility; (ii) to leave property that the visitor brings into the community care facility in a designated area to which persons in care do not have access; (iii) to remove from the community care facility property that the visitor brought into the community care facility, or (

b) to leave the community care facility if the visitor refuses to do one of the things listed in paragraph (a). 8

Section 64 (1) (

a) is repealed and the following substituted: (

a) a morning meal is availahle hefore 11 :00 a.m.,. 9

Section 85 (2) is amended by adding the following paragraph: (a.

I) if the licensee provides a type of care described as Substance Use, the monitoring of persons in care, including (

i) the use of electronic surveillance, and (ii) the monitoring of interactions between persons in care and visitors;. 10

Section 1 of

Schedule C is repealed and the following substituted: 1 For the purposes of

section 43 (I)/ employee trained in first aid}, the employee must hold a valid first aid and CPR certificate from a course that meets the following requirements: (

a) the course must offer at least 8 hours of instruction, at least 3.5 hours of which must be delivered in person; (

b) the course instructor must have the qualifications necessary to train employees in the skills referred to in

section 2 of this Schedule; (

c) the first aid certificate (

i) is issued only after the employee has successfully completed an examination that includes demonstration and evaluation of the skills relevant to the matters described in

section 2 of this Schedule, (ii) is signed hy the instructor or is verifiahle using a system estahlished and maintained by the issuer of the certificate, (iii) includes the employee's name, the level of first aid training achieved by the employee and the name of the agency that provided the training, (iv) expires no more than 3 years from the date of issue, and (

v) is not renewable unless the holder, before the expiry date, participates in at least 8 hours of further instruction, at least 3.5 hours of which must be delivered in person, followed by an examination that includes demonstration and evaluation of the skills relevant to the mallers described in

section 2 of this Schedule. page 7 of 8

Section 2 of

Schedule C is amended (a)by striking out "section 43 of the regulation unless the course provides instruction in, and requires successful completion of, an examination that includes demonstra tion and evaluation of skills relevant to the following matters in respect of the sorts of persons in care" and substituting "section 43 unless the course provides instruc tion in, and requires successful completion of an examination that includes demon stration and evaluation of, skills relevant lo all of the following matters in respect of the types of persons in care", (b)by repealing paragraph (

m) and substituting the following: (

m) cardiovascular emergencies, including the use of automated external defihrillators;, and (

c) by adding the following paragraphs: (

s) opioid overdoses; (

l) breathing and airway emergencies. page 8 of 8

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 294/2020
Type	order_in_council
Volume / chapter	arc oic 0294 2020
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f3119850e4d5f537f4c03d9855bce88bdf74276d

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