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Volume 54, No. 23

202/2011

The British Columbia Gazette,

Part II

December 13, 2011

B.C. Reg. 202/2011 , deposited December 1, 2011, pursuant to the COMMUNITY CARE AND ASSISTED LIVING ACT [section 34 (5) (

b) and (d)]. Order in Council 562/2011, approved and ordered December 1, 2011.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that,

(

a) effective December 1, 2011, the Child Care Licensing Regulation, B.C. Reg. 332/2007, is amended as set out in sections 1 to 5, 11 to 21 and 23 of the attached

Schedule 1, and

(

b) effective January 1, 2012, the Child Care Licensing Regulation, B.C. Reg. 332/2007, is amended as set out in sections 6 to 10 and 22 of the attached

Schedule 1.

— M. DE JONG, Minister of Health ; I. CHONG, Presiding Member of the Executive Council .

Schedule

Section 1 of the Child Care Licensing Regulation, B.C. Reg. 332/2007, is amended by repealing the definition of "criminal record check" and substituting the following:

"criminal record check" means,

(

a) in the case of an employee who is not a volunteer, a criminal record check under the Criminal Records Review Act , and

(

b) in the case of an employee who is a volunteer, including a parent, a criminal record check

(

i) under the Criminal Records Review Act , or

(ii) performed by a member of a local department of the provincial police force, a municipal police department or a designated policing unit within the meaning of the Police Act ; .

Section 2 is amended

(

a) by renumbering the

section as subsection (1),

(

b) by repealing subsection (1) (f) (ii), and

(

c) by adding the following subsection:

(2) For the purpose of paragraph (

a) of the definition of "care" in

section 1 of the Act, Child-minding is a prescribed program if all of the following conditions are met:

(

b) operation of the child-minding service is included within the terms of the contract referred to in paragraph (a),

(

c) the child-minding service provides care to children who are younger than 13 years old, and

(

d) a parent of each child

(

i) is engaged in a program referred to in paragraph (

a) on the same premises as where the child-minding service operates,

(ii) is present on the premises while the child is in care, and

(iii) is immediately accessible at all times to attend to the child's needs.

Section 3 (1) (

b) is amended by adding " , or religious instruction, " after " musical or athletic skills ".

Section 14 (1) is amended by adding " or Child-minding " after " Family Child Care ".

Section 16 (1) is amended by adding " or Child-minding " after " Occasional Child Care ".

Section 25 is amended

(

a) by renumbering the

section as

section 25 (1),

(

b) by repealing subsection (1) (

b) and substituting the following:

(

b) has successfully completed, through an educational institution recognized for the purposes of this

section in

Schedule D, a basic early childhood education training program; ,

(

c) in subsection (1) (

c) by striking out " an educator " and substituting " the educator who supervised the work experience referred to in paragraph (d) ",

(

d) in subsection (1) (d) (

i) by adding " , within the previous 5 years, " after " having completed ",

(

e) in subsection (1) (d) (ii) by adding " , completed within the previous 5 years, " after " sufficient child care experience ", and

(

f) by adding the following subsection:

(2) For the purposes of subsection (1) (c), the director may accept a reference from a person who holds qualifications recognized in another jurisdiction of Canada that the director considers to be at least equivalent to that of an educator.

Section 26 (

b) and (

c) are repealed and the following substituted:

(

b) holds an early childhood educator certificate issued under

section 25,

(b.1) demonstrates to the satisfaction of the director that the applicant

(

i) is of good character,

(ii) has the personality, ability and temperament necessary to manage or work with children with special needs or with infants and toddlers, as applicable, and

(iii) has the training and experience and demonstrates the skills necessary to be an educator, and

(

c) has successfully completed, through an educational institution recognized for the purposes of this

section in

Schedule D, a special needs early childhood educator training program or an infant and toddler educator training program, as applicable.

Section 27 is repealed and the following substituted:

Early childhood educator assistant certificate

27 The director may issue an early childhood educator assistant certificate to an applicant who has never before held an early childhood educator assistant certificate and who does all of the following:

(

a) submits an application to the director;

(

b) has successfully completed, through an educational institution recognized for the purposes of this

section in

Schedule D, at least one course of a basic early childhood education training program in

(

i) child development,

(ii) child guidance, or

(iii) child health, safety and nutrition;

(

c) demonstrates to the satisfaction of the director that the applicant

(

i) is of good character,

(ii) has the personality, ability and temperament necessary to manage or work with children,

(iii) has the training and experience, completed within the previous 5 years, to be an early childhood educator assistant, and

(iv) demonstrates the skills necessary to be an early childhood educator assistant.

Section 28 (1) (a) (ii) is amended by striking out " not listed in the applicable provision of

Schedule D, " and substituting " not recognized for the purposes of

section 25 (1) (b), 26 (c) (

i) or (ii) or 27 (b), as applicable, in

Schedule D, ".

Section 30 is amended

(

a) in subsection (2) by striking out " subsection (5), " and substituting " subsections (4), (5) and (6), ",

(

b) in subsection (3) by adding " under

section 25 or 26, as applicable, " after " director may renew ",

(

c) in subsection (4) by adding " , including an early childhood assistant certificate that has expired, " before " if satisfied that ",

(

d) in subsection (4) (

b) by striking out " during the term of the current certificate, has completed " and substituting " has completed, within 5 years before the application is made, ", and

(

e) by repealing subsection (5) and substituting the following:

(5) The director may accept an application to renew an early childhood educator certificate, a special needs early childhood educator certificate or an infant and toddler educator certificate that expired within 5 years before the application to renew, and issue a new certificate, if the director is satisfied of all of the following:

(

a) that the applicant's late application was due to circumstances beyond the applicant's control;

(

b) that the applicant is of good character;

(

c) that the applicant has completed, within 5 years before the application is made, at least 40 hours of professional development and 400 hours of work experience, both relevant to early childhood education.

(6) The director may accept an application to renew an early childhood educator certificate, a special needs early childhood educator certificate or an infant and toddler educator certificate that expired more than 5 years before the application to renew, and issue a new certificate, if the director is satisfied of all of the following:

(

a) that the applicant meets the criteria set out in

section 25 (1) (c), (

d) and (e);

(

b) that the applicant has completed, within 5 years before the application to renew, at least 40 hours of professional development relevant to early childhood education.

Section 40 is amended

(

a) in subsection (1) by striking out " subsections (2) and (3), " and substituting " subsections (2) to (4), ", and

(

b) by adding the following subsection:

(4) A licensee providing a care program described as Child-minding must not provide care for more than 5 hours each day to each child.

Section 41 (3) is amended by striking out " Preschool (30 Months to School Age) or Occasional Child Care " and substituting " Preschool (30 Months to School Age), Occasional Child Care or Child-minding ".

Section 44 is amended by adding the following subsection:

(5) Despite subsection (3), that subsection applies to a licensee who provides a care program described as Child-minding only if the program provides care for 3.5 hours or more each day.

Section 45 is amended by adding the following subsection:

(4) A licensee who provides a care program described as Child-minding must not transport children for the purpose of activities located off the premises of the community care facility unless each child is accompanied by the child's parent.

Section 53 is amended

(

a) in subsection (1) by striking out " If a licensee " and substituting " Subject to subsection (1.1), if a licensee ", and

(

b) by adding the following subsection:

(1.1) A licensee who provides a care program described as Child-minding must not

(

a) agree to give a child any medication as described in subsection (1), and

(

b) give, or permit an employee to give, a child any medication unless the medication is immediately necessary to address a significant risk to the child's health.

Section 54 (

b) is repealed and the following substituted:

(

b) ensure that the child is under the close supervision of,

(

i) if the licensee provides a care program described as Child-minding, the child's parent, or

(ii) in any other case, a responsible adult.

Section 55 is amended by adding the following subsection:

(1.1) In the case of a licensee who provides a care program described as Child-minding, the parent to be notified under subsection (1) is the parent who is on the premises on which the child-minding service operates.

Section 56 is amended by adding the following paragraph:

(d.1) in the case of a licensee who provides a care program described as Child-minding, written policies and procedures that are intended to guide employees in

(

i) monitoring the premises where the child-minding service operates to ensure that a parent of each child is present and accessible, and

(ii) responding if a parent is found not to be present or accessible.

Section 57 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A licensee must keep current records for each child showing

(

a) the information set out in subsection (2),

(

b) if applicable, the information and agreements set out in subsections (2.1) and (2.2), and

(

c) the consents referred to in subsection (3). , and

(

b) by adding the following subsections:

(2.1) Despite subsection (2) (

a) and (d), a licensee who provides a care program described as Child-minding must do all of the following:

(

a) if applicable, record that a child does not have a medical insurance plan number or medical practitioner;

(

b) if a child's immunization status is not reasonably known or available to the child's parent, keep a record detailing as much information as is known respecting the child's immunization status;

(

c) update the child's record as soon as is practicable with the information required under subsection (2) (

a) and (d).

(2.2) A licensee who provides a care program described as Child-minding must have written agreements with a parent of each child that the parent

(

b) will be present on the premises while the child is in care,

(

c) will be immediately accessible at all times to attend to the child's needs, and

(

d) will accompany the child to activities located off the premises of the community care facility.

(2.3) Despite subsection (1), a licensee who provides a care program described as Child-minding must maintain at the community care facility the records referred to in subsections (2) to (2.2).

20 The following

section is added:

Transition of Child-minding programs

(1) An operator of a child-minding service described in

section 3 (1) (

g) that is operating immediately before the repeal of that

section is deemed to hold a licence to operate a care program described as Child-minding.

(2) A licence under subsection (1) expires on the earlier of

(

a) the cancellation of the licence under

section 13 of the Act, and

(

b) September 1, 2012.

(3) This

section is repealed September 1,

Section 2 of

Schedule A is amended by adding the following:

section 40 (3) (

b) and (4) [maximum hours of care] ; .

Schedule D is repealed and replaced with

Schedule D as it appears in the attached Appendix 1.

Schedule E is amended by adding the following row, as indicated, at the end of the table in that Schedule:

Column 1

Care program

Column 2

Maximum group size

Column 3

Children per group

Column 4

Ratio of employees to children in each group

Child-minding

24, with each child younger than 12 months counted as 2.5 children, each child younger than 36 months but 12 months or older counted as 2 children, and each child 36 months or older counted as 1 child

≤ 8

1 responsible adult

9 – 17

2 responsible adults

18 – 24

3 responsible adults

Appendix 1

Schedule D

(sections 25 to 28 [educator and assistant certificates])

Educator and assistant certificates

1 An educational institution listed in Column 2 is recognized for the purposes of

(a)

section 25 (1) (b) [early childhood educator certificate] and 27 (b) [early childhood educator assistant certificate] if indicated in Column 3,

(

b) section 26 (c) (i) [special needs early childhood educator certificate] if indicated in Column 4, and

(

c) section 26 (c) (ii) [infant and toddler educator certificate] if indicated in Column 5.

Column 1

Item

Column 2

Educational Institution

Column 3

ECE, Assistant

Column 4

Special Needs

Column 5

Infant/ Toddler

Burnaby School District No. 41

Yes

Yes

Yes

Camosun College

Yes

Yes

Yes

Capilano University (formerly Capilano College)

Yes

Yes

Yes

Capital College

Yes

College of New Caledonia

Yes

Yes

Yes

College of the Rockies

Yes

Yes

Yes

Columbia Bible College

Yes

Yes

Yes

Delta School Board No. 37

Yes

Yes

Yes

Douglas College

Yes

Yes

Yes

Langara College

Yes

Yes

Yes

Lethbridge Community College, AB (One year certificate program & additional courses for BC)

Yes

MTI Community College (Chilliwack, Coquitlam & Metrotown campuses)

Yes

Yes

Yes

MTI Community College (Abbotsford, Surrey & Vancouver campuses)

Yes

Montessori Training Centre of BC

Yes

Yes

Native Education College

Yes

Yes

Yes

Nicola Valley Institute of Technology

Yes

Yes

Yes

North Island College

Yes

Yes

Yes

Northern Lights College

Yes

Yes

Yes

Northwest Community College

Yes

Yes

Yes

Okanagan College

Yes

Yes

Yes

Pacific Rim Early Childhood Institute Inc.

Yes

Yes

Yes

Ridge Meadows College

Yes

Selkirk College

Yes

Yes

Yes

Sprott-Shaw Community College (New Westminster & Victoria campuses)

Yes

Yes

Yes

Sprott-Shaw Community College (Kamloops, Penticton & Surrey campuses)

Yes

Stenberg College

Yes

Surrey College

Yes

Thompson Rivers University

Yes

Yes

Yes

University of the Fraser Valley (formerly University College of the Fraser Valley)

Yes

Yes

Yes

University of Victoria, School of Child and Youth Care, Early Years Specialization

Yes

University of Victoria First Nations Partnerships Programs

Yes

Yes

Yes

Vancouver Career College (Burnaby & Surrey campuses)

Yes

Yes

Yes

Vancouver Career College (Abbotsford, Coquitlam, Kelowna & Vancouver campuses)

Yes

Vancouver Community College

Yes

Yes

Yes

Vancouver Island University (formerly Malaspina University College)

Yes

Yes

Yes

Yukon College, YK

Yes

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