Child Care and Early Years Act, 2014

Part I PurposeS and Interpretation

1 (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 eval…

2 (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…

3 For the purposes of this Act, child care means the provision of temporary care for or supervision of children in any circumstance other than in exempt circumstances.

4 (1) For the purposes of this Act, temporary care for and supervision of children are provided in exempt circumstances if: relatives 1. The person providing the care or supervision is a relative of all of the children for whom it is provided. services for patrons, etc. 2. The care or supervision is provided as a service at a premises for guests, visitors or patrons who, i. use the service on an irregular basis, ii. remain at the premises for the duration of the time during which they use the service, and iii. are readily available to attend to the children. homes 3. The care or supervision is provided at a child’s own home and, i. is not provided for any other children who do not reside at that home, or ii. does not meet the description of in-home services set out in paragraph 3 of subsection 6 (3). schools 4. The care or supervision is provided as a service or part of a program operate…

Part II Protective measures

5 (1) Subject to subsection (2), this Part does not apply to a person who, in an exempt circumstance, (a) provides temporary care for or supervision of children; (b) operates a premises where temporary care for or supervision of children is provided; or (c) arranges or oversees the provision of temporary care for or supervision of children. Same (2) Subsection (1) does not apply with respect to sections 11, 16 and 17 and any other provision prescribed by the regulations.

6 (1) No person shall operate a premises where child care is provided except under the authority of a licence to operate a child care centre. 2014, c. 11, Sched. 1, s. 6 (1). Same, premises specified in licence (2) Subject to section 26, a person who holds a licence to operate a child care centre is authorized to operate the centre only at the premises specified in the licence. 2014, c. 11, Sched. 1, s. 6 (2). Exceptions (3) Subsection (1) does not apply in respect of the provision of child care in any of the following circumstances: home child care 1. The child care provided at the premises meets the following criteria: i. The child care is provided, A. by one child care provider for no more than six children at any one time or, if a lesser number is prescribed in accordance with subsection (6), no more than the prescribed number of children at any one time, or B. if the regulations so …

7 No person shall do any of the following except under the authority of a licence as a home child care agency: 1. Enter into an agreement with the parent of a child that arranges for a third person to provide child care for the child at a premises that is not the child’s own home. 2. Repealed: 2019, c. 4, Sched. 3, s. 3. 3. Enter into an agreement with a child care provider to oversee the provision of child care by performing functions such as monitoring the operation, providing administrative services or imposing standards or requirements in relation to the provision of care. 2014, c. 11, Sched. 1, s. 7; 2019, c. 4, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 2019, c. 4, Sched. 3, s. 3 - 01/07/2019

8 No person shall operate more than one premises where child care is provided in a circumstance described in paragraph 2 of subsection 6 (3).

9 (1) No individual shall provide child care, operate a premises where child care is provided or enter into an agreement described in section 7 if: 1. The individual has been convicted of any of the following offences: i. An offence under this Act. ii. An offence under any of the following sections of the Criminal Code (Canada): A. Section 151 (sexual interference). B. Section 163.1 (child pornography). C. Section 215 (duty of persons to provide necessaries). D. Section 229 (murder). E. Section 233 (infanticide). iii. Any other federal or provincial offence prescribed by the regulations. 2. The individual has been found guilty of professional misconduct under the Early Childhood Educators Act, 2007, the Ontario College of Teachers Act, 1996, the Social Work and Social Service Work Act, 1998 or another prescribed Act, and based on that finding, i. the individual’s membership in the regula…

10 (1) No person providing child care, or operating a premises at which child care is provided, shall prevent a parent from having access to his or her child except, (a) if the person believes on reasonable grounds that the parent does not have a legal right of access to the child; or (b) in the circumstances prescribed by the regulations. Access to premises (2) No person providing child care at a premises, or operating the premises, shall prevent a parent from entering the premises while child care is provided there for his or her child except, (a) if the person believes on reasonable grounds that the parent does not have a legal right of access to the child; (b) if the person believes on reasonable grounds that the parent could be dangerous to the children at the premises; (c) if the parent is behaving in a disruptive manner; or (d) in the circumstances prescribed by the regulations.

11 (1) No person shall use the following terms in connection with a program or service that includes the provision of temporary care for or supervision of children, or a premises where such a program or service is provided, unless the temporary care for or supervision of children is licensed child care: 1. Child care centre. 2. Licensed child care centre. 3. Licensed child care. 4. Licensed day care. 5. Home child care agency. 6. Licensed home child care agency. 7. Licensed home child care. 8. Any other term prescribed by the regulations. Same (2) Subsection (1) also applies to the use of, (a) a variation, an abbreviation or an abbreviation of a variation of a term listed in subsection (1); or (b) an equivalent in another language, (i) of a term listed in subsection (1), or (ii) of a variation, an abbreviation or an abbreviation of a variation of such a term. Holding out as licensed (3) …

12 (1) Any person who does not hold a licence shall, before providing child care in a circumstance described in paragraph 2 or 4 of subsection 6 (3), or, if relevant, in subsection 6 (4), disclose to the parent of the child, in a manner that may be prescribed, that the person does not hold a licence. Duty to retain record of disclosure (2) A person who makes a disclosure in accordance with subsection (1) shall retain a record of the disclosure in a prescribed manner for at least the prescribed time period, or if no time period is prescribed, for at least two years from the date the disclosure is made.

13 (1) Any person who provides child care, operates a premises where child care is provided or enters into an agreement described in section 7 shall do so in accordance with the regulations. Prescribed qualifications, member of College of Early Childhood Educators (2) If the regulations impose requirements in relation to the qualifications of a child care provider, the requirements are deemed to include membership in the College of Early Childhood Educators, unless otherwise provided by the regulations.

14 (1) A licensee shall post a copy of a licence in a conspicuous place at the child care centre or the premises where the home child care agency is located, as the case may be, together with any other information or signage prescribed by the regulations. Duty to post information at home child care premises (2) A home child care agency shall post any information or signage prescribed by the regulations in a conspicuous place at each premises where the agency oversees the provision of child care. Exceptions (3) Subsections (1) and (2) do not apply during the prescribed time periods. Same (4) If the prescribed conditions apply, subsection (2) does not apply with respect to premises where in-home services are provided. Prohibition re making copies (5) If a licence or any other signage has been provided to a person for the purposes of this Act, the person shall not make copies of the licence…

15 Upon request, any licensee or child care provider shall provide a receipt for payment to a person who pays the licensee or child care provider for child care, and the receipt shall be provided free of charge and in accordance with the regulations.

16 If the regulations so provide, no person shall provide a child care or early years program or service with an accreditation, certification or other designation indicating that the program or service meets certain standards or requirements, except in accordance with the regulations.

17 (1) If the regulations so provide, no person shall use, in connection with a child care or early years program or service, a term prescribed by the regulations indicating that the program or service has been provided with an accreditation, certification or other designation, except in accordance with the regulations. Same (2) Subsection (1) also applies to the use of, (a) a variation, an abbreviation or an abbreviation of a variation of a term referred to in subsection (1); or (b) an equivalent in another language, (i) of a term referred to in subsection (1), or (ii) of a variation, an abbreviation or an abbreviation of a variation of such a term. Holding out as accredited (3) If the regulations so provide, no person shall represent or hold out expressly or by implication that a child care or early years program or service has been provided with an accreditation, certification or othe…

18 (1) If, in the course of employment, it comes to the attention of a person prescribed by the regulations that there are reasonable grounds to suspect that there is an imminent threat to the health, safety or welfare of any child for whom child care is provided, the person shall immediately report the suspicion and the information on which it is based to a director. 2014, c. 11, Sched. 1, s. 18 (1). Investigation (2) If a suspicion is reported to a director under subsection (1), the director shall have an inspector conduct an inspection or make inquiries for the purpose of ensuring compliance with this Act and the regulations. 2014, c. 11, Sched. 1, s. 18 (2). Solicitor-client privilege (3) Nothing in this section abrogates any privilege that may exist between a solicitor and the solicitor’s client. 2014, c. 11, Sched. 1, s. 18 (3). Duty to report under Child, Youth and Family Services…

19 (1) The Minister shall publish the following on a government website: 1. A summary of each compliance order made under section 36. 2. A summary of each protection order made under section 37. 3. A summary of each notice of administrative penalty issued under section 39, unless the notice was rescinded or overturned. 4. A summary of each conviction for an offence listed under section 78 and the penalties imposed. Same (2) The Minister may publish the following on a government website: 1. A summary of each proposal to refuse to issue or renew a licence or to revoke a licence under section 23, unless the refusal or revocation was not carried out. 2. A summary of each restraining order made under section 38. 3. Any other information prescribed by the regulations. Other publications (3) A director may publish anything set out in subsection (1) or (2) in any other manner or medium that the …

Part III LicenSING Issuance and renewal of licence

20 (1) A person may apply for a licence or the renewal of a licence to operate a child care centre or as a home child care agency by submitting to a director, (a) an application in a form approved by the Minister; (b) an attestation, that is to be completed by the applicant in a form approved by the Minister, confirming that the applicant is not prohibited from operating a child care centre or a home child care agency under section 9; (c) any other information or documentation that may be specified by the Minister; and (d) payment of the fee prescribed by the regulations. Same, additional requirements (2) A person who applied for a licence or renewal of a licence shall comply with any other requirements prescribed by the regulations that relate to the application process, unless the person withdraws the application. Advice from service system manager, First Nation or prescribed local aut…

21 (1) A licence is subject to any conditions imposed on it by a director or the Tribunal. Same (2) Upon issuing or renewing a licence or at any other time, the director may impose on the licence the conditions that the director considers appropriate. Same (3) The director may, at any time, amend the conditions imposed on the licence. Licensee must comply (4) Every licensee shall comply with the conditions imposed on a licence.

22 (1) A licence shall be issued or renewed, (a) for a term specified by the director in accordance with the regulations; or (b) if there are no regulations governing the term, for a term specified by the director that does not exceed one year. Expiry at end of term (2) A licence expires at the end of its term. Revocation for cause (3) Nothing in this section prevents a licence from being revoked or suspended. Refusals and revocations

23 (1) A director may propose to refuse to issue a licence if, in the director’s opinion, (a) any of the following are not competent to operate a child care centre or home child care agency, as the case may be, in a responsible manner in accordance with this Act and the regulations: (i) the applicant or any employee of the applicant, (ii) if the applicant is a corporation, the officers, directors or employees of the corporation or any other person with a controlling interest in the corporation, and (iii) if the person with a controlling interest referred to in subclause (ii) is a corporation, the officers, directors or employees of that corporation; (b) the past conduct of any person set out in clause (a) affords reasonable grounds to believe that the child care centre or home child care agency will not be operated in accordance with the law and with honesty and integrity; (c) a building…

24 (1) Despite anything else in this Act or the regulations, a director may issue a provisional licence to a person who applies for a licence or for the renewal of a licence in accordance with subsections 20 (1) and (2) if, (a) the person or a premises operated by the person has been the subject of an inspection under Part IV and, (i) the inspection revealed that the person or premises is not in compliance with all the requirements under this Act or the regulations and requires time to meet such requirements, (ii) the director is satisfied that the non-compliance will not result in an imminent threat to the health, safety or welfare of any children, and (iii) in the director’s opinion, the non-compliance will be remedied within the time period prescribed by the regulations; (b) the person is not described in clause 20 (4) (b) or (c); and (c) any other criteria or conditions prescribed by…

25 (1) A director shall notify a licensee in writing if the director makes any of the following changes with respect to a licence: 1. Changes the status of the licence to a provisional licence. 2. Imposes conditions on the licence. 3. Amends the conditions imposed on the licence. Change or conditions effective upon notice (2) The change is effective immediately upon service of the notice and is not stayed by a request for a hearing by the Tribunal. Contents of notice (3) The notice shall set out the reasons for the change and shall state that the licensee is entitled to a hearing by the Tribunal if the licensee, within 15 days after service of the notice, serves a written request for a hearing on the director and the Tribunal. Hearing (4) If the licensee requests a hearing, the Tribunal shall appoint a time for and hold the hearing. Powers of Tribunal (5) After holding the hearing, the T…

26 A director may authorize a licensee, in writing and in accordance with the regulations, to operate a child care centre at a premises other than the one specified in the licence for a temporary period that does not exceed the time specified by the director.

27 (1) A home child care agency may make a written request to a director to authorize it to provide home child care at a premises for more children who are younger than two years old than the number that applies for the purposes of sub-subparagraph 1 iv A or B of subsection 6 (3). Same (2) A director may provide the requested authorization, in writing, in accordance with the regulations and may impose conditions on the authorization. Agency shall comply (3) The home child care agency shall comply with the conditions imposed on the authorization.

Part IV Inspections

28 (1) The Minister shall appoint employees of the Government of Ontario as inspectors for the purposes of this Act. Director is an inspector (2) A director is, by virtue of his or her office, an inspector. Powers and duties (3) An inspector shall have the powers and duties set out in this Act and such other powers and duties as may be prescribed by the regulations. Restrictions (4) The Minister may restrict an inspector’s powers of entry and inspection to specified premises. Certificate of appointment (5) The Minister shall issue to every inspector a certificate of appointment which the inspector shall produce, upon request, when acting in the performance of his or her duties.

29 An inspector shall conduct inspections for the purpose of enforcing this Act and the regulations.

30 (1) An inspector may, at any reasonable time and without a warrant, enter and inspect, (a) a child care centre; (b) a premises where in-home services are provided; (c) a premises where home child care is provided; (d) a premises where a home child care agency is located; (e) a premises where the inspector suspects on reasonable grounds that a person is not complying with this Act or the regulations; or (f) a premises where the inspector suspects on reasonable grounds that child care is provided. Dwellings (2) The power to enter and inspect a premises described in clause (1) (f) without a warrant shall not be exercised to enter and inspect a premises that is used as a dwelling, except with the consent of the occupier of the premises.

31 (1) An inspector conducting an inspection may, (a) examine a record or other thing that is relevant to the inspection; (b) demand the production for inspection of a document or other thing that is relevant to the inspection; (c) on issuing a written receipt, remove for review and copying a record or other thing that is relevant to the inspection; (d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business on the premises; (e) take photographs, video recordings or other visual or audio recordings that are relevant to the inspection, including photographs or recordings of a child or other person at the premises; and (f) question a person on matters relevant to the inspection. Limitation re photographs and recordings (2) A photograph or recording made under clause (1) (e) must b…

32 (1) An inspector may, without notice, apply to a justice for a warrant under this section. Issuance of warrant (2) A justice may issue a warrant authorizing an inspector named in the warrant to enter the premises specified in the warrant, and to exercise any of the powers mentioned in section 31, if the justice is satisfied on information under oath or affirmation, (a) that, (i) the premises is a child care centre, (ii) in-home services are provided at the premises, (iii) home child care is provided at the premises, (iv) a home child care agency is located at the premises, (v) the inspector suspects on reasonable grounds that a person at the premises is not complying with this Act or the regulations, or (vi) the inspector suspects on reasonable grounds that child care is provided at the premises; and (b) that, (i) the inspector has been prevented from exercising a right of entry to th…

33 (1) After completing an inspection, an inspector shall prepare an inspection report and give a copy of the report to a director and, (a) if the report is in respect of a child care centre, to the licensee or an employee of the licensee who is in charge of the child care centre; (b) if the report is in respect of home child care or in-home services, to the relevant home child care agency; or (c) in any other case, to a person who provides child care at the premises inspected. Copy to provider (2) A home child care agency shall provide a copy of an inspection report to the provider of any home child care or in-home service that is the subject of the report.

34 A copy made under subsection 31 (1) that purports to be certified by the inspector as being a true copy of the original is admissible in evidence in any proceeding to the same extent as, and has the same evidentiary value as, the original.

35 (1) A director or an inspector may require any of the following persons to provide him or her with the results of a police record check concerning the person: 1. A licensee or person who has applied for a licence, or an employee of the licensee or applicant. 2. If the person described in paragraph 1 is a corporation, an officer, director or employee of the corporation or any other person with a controlling interest in the corporation. 3. A person who provides home child care or in-home services. 4. Any other person prescribed by the regulations. 2014, c. 11, Sched. 1, s. 35 (1); 2015, c. 30, s. 23 (3). Same, person in violation of s. 9 (2) If a director or inspector believes on reasonable grounds that a person is contravening section 9, the director or inspector may require the person to provide him or her with the results of a police record check concerning the person. 2014, c. 11, S…

Part V Enforcement

Orders

36 (1) If a director or inspector believes on reasonable grounds that a person is not in compliance with a provision of this Act or the regulations, the director or inspector may make a compliance order, (a) ordering the person to comply with the provision; (b) ordering the person to do or refrain from doing anything specified in the order; and (c) specifying dates by which the person is required to do or refrain from doing the things specified. Requirements (2) Without limiting the generality of subsection (1), a compliance order may include, (a) a requirement that the person submit a plan to the director specifying the steps the person will take to come into compliance and to maintain compliance; and (b) a requirement that the person, or any employee of the person, complete specified educational courses or training. Content of order (3) A compliance order shall include the information …

37 (1) If, upon conducting an inspection, a director or an inspector believes on reasonable grounds that there is an imminent threat to the health, safety or welfare of any children for whom child care is provided, the director or inspector shall make a protection order as follows: 1. If the child care is provided at a child care centre, the order, i. shall order the licensee to stop operating the child care centre until the director is satisfied that the order has been complied with, ii. shall order the licensee to eliminate the threat by taking any steps set out in the order, and iii. shall suspend the licence. 2. If the child care is home child care or an in-home service, the order, i. shall order the child care provider to stop providing the child care until the director is satisfied that the order has been complied with, ii. shall order the child care provider and the home child car…

38 (1) If a director believes on reasonable grounds that the provision of child care by a particular person poses an imminent threat to the health, safety or welfare of any children, the director may apply to the Superior Court of Justice for an order to restrain the person from providing child care. Interim order (2) In a proceeding under subsection (1), a judge may, on application of the director, grant an interim order described in that subsection if the judge believes, based on the evidence before him or her, that it is in the public interest to do so. Same (3) A judge may grant an interim order even though the director has not established that irreparable harm will be done if the order is not issued. Same (4) A judge shall not require the director to post a bond or give an undertaking as to damages when granting an interim order. Variations or discharge (5) Any person may apply to t…

Administrative Penalties

39 (1) A director or inspector may issue a notice in writing requiring a person to pay an administrative penalty in the amount set out in the notice if the director or inspector is of the opinion that the person has contravened this Act or the regulations. Purpose of administrative penalty (2) A notice of administrative penalty may be issued under this section for the purpose of, (a) encouraging compliance with this Act and the regulations; or (b) preventing a person from deriving, directly or indirectly, any economic benefit as a result of a contravention of this Act or the regulations. Amount of administrative penalty (3) Subject to subsection (4), the amount of an administrative penalty in respect of a contravention, (a) shall not exceed $100,000; (b) shall be determined by the director or inspector in accordance with the regulations; and (c) shall reflect the purpose referred to in s…

40 (1) If a person who is required to pay an administrative penalty under section 39 fails to pay it within the time required under subsection 39 (8) or (15), the notice of administrative penalty or the designated senior employee’s decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court. Same (2) Section 129 of the Courts of Justice Act applies in respect of a notice of administrative penalty or decision filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date on which the notice of administrative penalty or decision is filed under subsection (1) is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.

41 An administrative penalty imposed under section 39 that is not paid within the time required under that section is a debt due to the Crown and enforceable as such.

42 (1) A director may authorize any person to act as a collector for the purposes of this section and sections 43 and 44 and to exercise the powers that the director specifies in the authorization to collect administrative penalties owing under this Act. Costs of collection (2) Despite clause 22 (a) of the Collection Agencies Act, the director may also authorize a collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect administrative penalties owing under this Act. Same (3) The director may impose conditions on an authorization under subsection (2) and may determine what constitutes a reasonable fee or reasonable disbursements for the purposes of that subsection. Exception re disbursements (4) The director shall not authorize a collector who is required to be registered under the Collection Agencies Act to collec…

43 (1) A collector may exercise any of the powers specified in an authorization of a director under section 42. Fees and disbursements part of order (2) If a collector is seeking to collect an administrative penalty owing under a notice of administrative penalty or decision of a designated senior employee, any fees and disbursements authorized under subsection 42 (2) are deemed to be owing under and are deemed to be added to the amount of the penalty set out in the notice or decision. Distribution of money collected (3) A collector shall pay the amount collected under this section with respect to the penalty to the Minister of Finance and may retain the amount collected with respect to the collector’s fees and disbursements.

44 (1) A collector may agree to a settlement with the person from whom he or she seeks to collect money, but only with the written agreement of a director. Payment (2) The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall deal with it in accordance with subsection 43 (3).

General

45 The use of an enforcement measure provided for in this Act in respect of a contravention of this Act or the regulations does not prohibit the use, at the same time or different times, of any other enforcement measure or remedy provided for in this Act or otherwise available in law in respect of the same contravention.

46 In making a decision under this Act, a director or the Tribunal may consider any person’s current or past failures to comply with this Act or the regulations that the director or Tribunal considers relevant.

Part VI Service System planning for child care and early years programs and services

47 (1) In this Part, despite the definition of “child care and early years programs and services” in subsection 2 (1), references to that term apply only to, (a) programs and services that provide licensed child care; (b) authorized recreational and skill building programs; and (c) early years programs and services. Same (2) For the purposes of this Part, the power to establish, administer, operate or fund programs and services includes the power to do so directly or indirectly.

48 Part V does not apply with respect to the enforcement of sections 49 to 62 or the regulations made for the purposes of those sections.

Provincial Interest

49 (1) It is a matter of provincial interest that there be a system of child care and early years programs and services that, (a) is focused on Ontario’s children and families; (b) promotes the health, safety and well-being of children; (c) provides high quality experiences and positive outcomes for children with a provincial framework to guide pedagogy; (d) includes knowledgeable, self-reflective and qualified professionals and staff, including members of the College of Early Childhood Educators; (e) responds to communities’ needs by, (i) providing services both for families who receive financial assistance for child care and for families who do not receive such financial assistance, (ii) providing a range of service options to support parents who are part of the workforce, such as options that address varied working hours and arrangements, and (iii) providing centre-based and home-base…

50 (1) The Minister and service system managers shall co-operate with each other for the purposes of promoting the health, safety and well-being of children. Same (2) For the purposes of subsection (1), the duty to co-operate includes the duty to provide access to and share information relating to child care and early years programs and services.

Child Care and Early Years Programs and Services Plans

51 (1) Each service system manager shall have a child care and early years programs and services plan for its service area. Content (2) The plan must, (a) address the matters of provincial interest under section 49, including each aspect of the system described in subsection 49 (1); (b) be consistent with the policy statements issued under subsection 55 (2); and (c) include such other content as may be prescribed by the regulations. Other requirements (3) The plan must comply with any procedural requirements prescribed by the regulations, including requirements relating to the frequency with which a plan must developed, reviewed, updated or approved. Consultation (4) In developing the plan, the service system manager shall consult with school boards and other prescribed persons or entities in accordance with the regulations, and those persons or entities shall cooperate with the service …

52 (1) A service system manager shall implement its child care and early years programs and services plan. Duty to cooperate (2) The service system manager, school boards and persons or entities prescribed for the purposes of subsection 51 (4) shall cooperate with each other for the purpose of implementing the plan.

Minister’s Role

53 (1) The role of the Minister includes, (a) developing and promoting an overview of the system of child care and early years programs and services and aspirational goals for the system; (b) supporting the provision of child care and early years programs and services across the province; (c) coordinating efforts with other ministries in relation to programs and services that support the learning, development, health and well-being of children; (d) encouraging high quality experiences that support children’s learning, development, health and well-being; and (e) administering the licensing framework set out in this Act and enforcing this Act. Interpretation (2) For greater certainty, subsection (1) does not impose duties on the Minister or limit the generality of the powers conferred on the Minister by this or any other Act.

54 (1) The Minister may, (a) establish, administer, operate and fund child care and early years programs and services; (b) provide financial assistance for persons who are charged fees in respect of licensed child care, authorized recreational and skill building programs or extended day programs, in accordance with the regulations; (c) fund and provide financial assistance for other programs or services prescribed by the regulations that provide or support temporary care for or supervision of children; and (d) provide services to support operators of child care and early years programs and services and service system managers in carrying out their functions and duties under this Act. 2014, c. 11, Sched. 1, s. 54 (1); 2026, c. 4, Sched. 1, s. 1. Same, funding (2) Without limiting the generality of clause (1) (a), the Minister’s powers under that clause include the power to fund capital pr…

55 (1) The Minister may issue policy statements relating to the operation of child care and early years programs and services and any other matter dealt with under this Part. Matters of provincial interest (2) For the purpose of guiding service system managers in developing and implementing their child care and early years programs and services plans, the Minister may issue policy statements on matters relating to child care and early years programs and services that are of provincial interest under section 49, including policy statements addressing aspects of the system described in subsection 49 (1). Programming and pedagogy (3) For the purpose of guiding operators of child care and early years programs and services in developing their programs and services, the Minister may issue policy statements regarding programming and pedagogy that constitute high quality child care and early yea…

Role of Service System managers, First Nations and Prescribed Local Authorities

56 In addition to any other duties under this Act, a service system manager shall, (a) develop and administer local policies respecting the operation of child care and early years programs and services; (b) administer the delivery of financial assistance provided by the Minister under clause 54 (1) (b), in accordance with the regulations; (c) coordinate the planning and operation of child care and early years programs and services with the planning and provision of other human services delivered by the service system manager; (d) assess the economic viability of the child care and early years programs and services in the service area and, if necessary, make or facilitate changes to help make such programs and services economically viable; (e) perform such other duties as may be prescribed by the regulations.

57 (1) A service system manager may, (a) establish, administer, operate and fund child care and early years programs and services; (b) provide financial assistance for persons who are charged fees in respect of licensed child care, authorized recreational and skill building programs and extended day programs, in accordance with the regulations; (c) fund and provide financial assistance for other programs or services prescribed by the regulations that provide or support temporary care for or supervision of children; (d) provide assistance to persons who operate child care and early years programs and services to improve their capabilities in relation to matters such as governance, financial management and the planning and delivery of programs and services; (e) evaluate and assess the impact of public funding; and (f) exercise such other powers as may be prescribed by the regulations. 2014…

58 (1) At the times prescribed by the regulations, a service system manager shall give the Minister reports on the following: 1. The implementation of its child care and early years programs and services plan. 2. The service system manager’s establishment, administration, operation and funding of child care and early years programs and services. 3. Such other matters as may be prescribed by the regulations. Manner and contents (2) The reports required under subsection (1) must be given in a manner authorized by the Minister and must include the prescribed information and the prescribed documents.

59 (1) A service system manager shall give the Minister, (a) such reports as the regulations require; and (b) such reports, documents and information as the Minister requests. Timing (2) A service system manager shall give reports, documents and information requested under clause (1) (b) at the times the Minister specifies. Manner (3) The reports, documents and information required under subsection (1) must be given in a manner authorized by the Minister.

60 (1) A First Nation or group of First Nations may establish, administer, operate and fund child care and early years programs and services. Agreements between Minister and First Nations (2) The Minister and a First Nation or group of First Nations may enter into an agreement for the purposes of subsection (1). Powers and duties under agreement (3) An agreement described in subsection (2) may provide that a First Nation may exercise and perform any powers or duties of a service system manager provided for under this Act. Delegation by First Nation (4) A First Nation may delegate to another First Nation or to a person prescribed by the regulations, in writing, any of the First Nation’s powers or duties provided for under this Act or under an agreement described in subsection (2).

61 (1) A prescribed local authority may establish, administer, operate and fund child care and early years programs and services. Power to enter into agreements (2) A prescribed local authority may enter into an agreement for the purposes of subsection (1). Agreements between Minister and prescribed local authority (3) The Minister and a prescribed local authority may enter into an agreement for the purposes of subsection (1). Powers and duties under agreement (4) An agreement described in subsection (3) may provide that a prescribed local authority may exercise any powers and shall perform any duties of a service system manager that are provided for under this Act and specified in the agreement. Restriction on service system manager (5) A service system manager shall not exercise the powers or perform the duties that are specified in an agreement under subsection (4). Additional powers …

62 (1) For the purposes of clause 23 (1) (f), a service system manager may provide advice to a director regarding the issuance of a licence if, in its opinion, the licence would authorize the provision of child care in the service area that is inconsistent with its child care and early years programs and services plan. Same, First Nations and prescribed local authorities (2) A First Nation or prescribed local authority may provide the advice described in subsection (1), if it is authorized or required by an agreement or the regulations to have a child care and early years programs and services plan.

Part VII General

63 (1) Part V does not apply with respect to the enforcement of sections 64 to 75, 77 to 80, 84 and 85 or the regulations made for the purposes of those sections. Same (2) Part V does not apply with respect to the enforcement of section 76, unless the person alleged to have contravened section 76 is a child care provider.

Administration

64 The Minister is responsible for the administration of this Act.

65 (1) The regulations shall designate the municipalities and district social services administration boards that are service system managers for the purposes of this Act. Service areas (2) The regulations shall specify the geographic area that is the service area of each service system manager for the purposes of this Act.

66 (1) The Minister shall appoint, in writing, one or more persons employed in the Ministry to be directors for the purposes of this Act. Powers and duties (2) A director shall have the powers and duties set out in this Act and such other powers and duties as may be prescribed by the regulations. Acting directors (3) A director’s powers may be exercised and duties may be performed by an employee in the Ministry appointed as an acting director if, (a) the director is absent or unable to act; or (b) an individual who was appointed as a director has ceased to be a director and no new director has been appointed in his or her place. Same, appointment (4) An acting director shall be appointed by the Minister.

67 (1) The Minister may delegate to any person employed in the Ministry any of the Minister’s powers or duties under this Act. Same (2) The delegation must be made in writing and is subject to such limitations, conditions and requirements as are set out in it. Subdelegation (3) In a delegation, the Minister may authorize a person to whom a power or duty is delegated to delegate the power or duty to other persons employed in the Ministry, subject to such limitations, conditions and requirements as the person may impose. Presumption (4) A person who purports to exercise a delegated power or perform a delegated duty shall be presumed conclusively to act in accordance with the delegation.

68 (1) The Minister may designate, in writing, any person as a program adviser for the purposes of this Act. Powers and duties (2) A program adviser shall have such powers and duties as may be prescribed by the regulations. Restrictions (3) In a designation, the Minister may impose conditions or restrictions on a program adviser’s powers and duties. Remuneration and expenses (4) The remuneration and expenses of any person appointed under subsection (1) who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 shall be fixed by the Minister.

69 (1) No action or other proceeding may be instituted against the Deputy Minister, or any officer or employee who works in the Ministry, or anyone acting under the authority of the Minister or Deputy Minister, for any act done or omitted in good faith in the exercise or intended exercise of a power conferred under this Act or the regulations or in the execution or intended execution of a duty imposed under this Act or the regulations. 2014, c. 11, Sched. 1, s. 69 (1). Crown liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject. 2014, c. 11, Sched. 1, s. 69 (2); 2019, c. 7, Sched. 17, s. 43. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 43 - 01/07/2019

Personal Information and Ontario Education Numbers

70 (1) The Minister may collect personal information, directly or indirectly, for purposes related to the following matters, and may use it for those purposes: 1. Administering this Act and the regulations. 2. Ensuring compliance with this Act and the regulations. 3. With respect to child care and early years programs and services that the Ministry establishes, administers, operates or funds, in whole or in part, i. planning, delivering, evaluating and monitoring the programs and services, ii. allocating resources to the programs and services, and iii. detecting, monitoring and preventing fraud and the unauthorized receipt of services and benefits related to the funding. 4. To determine or verify a person’s eligibility to participate in a child care or early years program or service or to receive financial assistance under this Act. 5. Implementing risk management, error management or ac…

71 (1) A service system manager, First Nation or prescribed local authority may collect personal information, directly or indirectly, for purposes related to the following matters, and may use it for those purposes: 1. With respect to child care and early years programs and services that the service system manager, First Nation or prescribed local authority establishes, administers, operates or funds, in whole or in part, i. planning, delivering, evaluating and monitoring the programs and services, ii. allocating resources to the programs and services, and iii. detecting, monitoring and preventing fraud and the unauthorized receipt of services and benefits related to the funding. 2. To determine or verify a person’s eligibility to participate in a child care or early years program or service or to receive financial assistance under this Act. 3. Implementing risk management, error managem…

72 (1) The Minister may assign an Ontario education number to a child who has not already been assigned one under this or any other Act if, (a) the child’s parent has requested the assignment of an Ontario education number for the child; or (b) the child is registered or seeks to be registered in, (i) a program or service that includes the provision of licensed child care, or (ii) an early years program or service prescribed by the regulations. 2026, c. 4, Sched. 1, s. 2 (1). Same (2) The persons described in subsection (3) are authorized to collect personal information, directly or indirectly, and to use and disclose personal information, for the purposes of, (a) assigning Ontario education numbers under subsection (1); and (b) validating and updating the numbers and the personal information associated with them. 2014, c. 11, Sched. 1, s. 72 (2). Same (3) Subsection (2) applies to, (a) …

73 (1) No person shall collect, use or disclose or require the production of another person’s Ontario education number, except as permitted by this section, by the Education Act or otherwise by law. Exception, re privacy (2) Despite subsection 266.3 (1) of the Education Act, a person who provides or operates any of the following programs or services may collect, use or disclose or require the production of a person’s Ontario education number for purposes related to the provision of child care or early years programs or services to that person: 1. A program or service that includes the provision of licensed child care. 2. An early years program or service prescribed by the regulations. Same (3) Despite subsection 266.3 (1) of the Education Act, a person listed in subsection (4) may collect, use, disclose or require the production of Ontario education numbers for purposes related to, (a) t…

Miscellaneous

74 (1) Any notice, order or request made or issued under this Act is sufficiently given or served if it is delivered personally, sent by mail or sent or delivered by another method, if the sender can prove receipt. Deemed service (2) If a notice, order or request is served by mail, the service is deemed to be made on the fifth day after the day of mailing unless the person on whom the document is served establishes that he, she or it did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive it until a later date.

75 (1) For the purposes of any standard or requirement in any Act, regulation or municipal by-law relating to the safety of buildings or other accommodations, a child care centre, or part of a child care centre, that is located in a school and is described in subsection (2) is deemed to be a part of the school that is used to provide instruction to pupils and, as such, the same standards or requirements that apply to the school apply to the child care centre. Application, age of children (2) Subsection (1) applies to a child care centre or a part of a child care centre that provides child care only for children who, (a) are four years old or older; or (b) if the child care is provided on or after September 1 in a calendar year, will attain the age of four in that year. Conflict (3) In the event of a conflict between subsection (1) and another Act, regulation or municipal by-law, subsecti…

76 No person shall, (a) hinder, obstruct or interfere with an inspector conducting an inspection; (b) refuse to answer questions on matters relevant to the inspection; or (c) provide the inspector with information on matters relevant to the inspection that the person knows to be false or misleading.

77 (1) No person shall knowingly give false or misleading information to the Minister, a director, an inspector or a designated senior employee in respect of any matter related to this Act or the regulations. Same (2) No person shall knowingly include false or misleading information in any application, report or other document required to be given to the Minister, a director, an inspector or a designated senior employee under this Act.

78 (1) Every person who contravenes or fails to comply with any of the following provisions of this Act is guilty of an offence: 1. Subsection 6 (1) (Prohibition re operation of child care centre). 2. Section 7 (Prohibition re operation of home child care agency). 3. Section 8 (Prohibition re operating multiple premises). 4. Subsection 9 (1) or clause 9 (3) (a) (Prohibition re past conduct of provider). 5. Subsection 10 (1) or (2) (Prohibition re preventing parental access). 6. Subsection 11 (1), (3) or (4) (Prohibition re use of licensing terms, etc.). 7. Subsection 14 (6) (Duty to return licence and signage). 8. Section 16 (Accrediting programs and services). 9. Subsection 17 (1) or (3) (Prohibition re use of accreditation terms, etc.). 10. Subsection 73 (1) (Prohibition re Ontario education numbers). 11. Section 76 (Prohibition re obstruction of inspector). 12. Subsection 77 (1) or (2…

79 A person convicted of an offence under this Act is liable to a fine of not more than $250,000, imprisonment for a term of not more than one year, or both.

80 (1) The Minister shall conduct a review of this Act within five years after this section comes into force. Same (2) The Minister shall, (a) inform the public when a review under this section begins; and (b) prepare a written report respecting the review and make that report available to the public.

Regulations

81 (1) The Minister may make regulations, (a) governing all aspects of the provision of child care and the operation of child care and early years programs and services, other than anything referred to in subsection 82 (1), including, (i) governing the management, operation and use of child care centres, (ii) governing the management, operation and functions of home child care agencies, (iii) governing the management and operation of child care and early years programs and services; (b) prescribing or otherwise providing for anything required or permitted under this Act, other than anything referred to in subsection 82 (1), to be prescribed or otherwise provided for in the regulations, including governing anything required or permitted to be done in accordance with the regulations; (c) providing for forms and their use, including requiring the use of forms approved by the Minister. 2014,…

82 (1) The Lieutenant Governor in Council may make regulations, (a) defining any term that is used in this Act and that is not defined in this Act; (b) clarifying whether or not an activity constitutes an exempt circumstance; (c) prescribing persons, premises, programs, services or circumstances for the purposes of paragraph 11 of subsection 4 (1); (d) respecting the number of children that may be at a child care centre and the number of child care providers that shall be at a child care centre, including prescribing requirements relating to the age of those children; (e) for the purposes of paragraph 1 of subsection 6 (3), (i) prescribing the number of children for whom home child care may be provided in the circumstances described in sub-subparagraph 1 i A of subsection 6 (3), in accordance with subsection 6 (6), (ii) authorizing child care to be provided in the circumstances described…

83 (1) A regulation under this Act is, if it so provides, effective with reference to a period before it is filed. Rolling incorporation by reference (2) If a regulation made under this Act incorporates a document by reference, in whole or in part, the document may be incorporated as amended from time to time, whether the amendment was made before or after the regulation was made.

84 (1) The Minister or the Lieutenant Governor in Council shall not make any regulation under section 81 or 82, as the case may be, unless, (a) the Minister has published a notice of the proposed regulation on a government website and in any other format the Minister considers advisable; (b) the notice complies with the requirements of this section; (c) the time period specified in the notice, during which members of the public may exercise the right described in clause (2) (b), has expired; (d) the Minister has considered whatever comments and submissions that members of the public have made on the proposed regulation in accordance with clause (2) (b) or (c); and (e) in the case of regulations made by the Lieutenant Governor in Council under section 82, the Minister has reported to the Lieutenant Governor in Council on what, if any, changes to the proposed regulation the Minister consid…

85 Upon the making of a regulation under this Act, the Minister shall publish a notice of the regulation on a government website, together with a link to the regulation as published on the e-Laws website, for the prescribed time period.

Part VIII Transition And Consequential amendment Payments under Day Nurseries Act

86 (1) No municipality, First Nation or approved corporation shall change the site, structure or use of, or sell, lease, mortgage or otherwise dispose of any part of or interest in any day nursery in respect of which the municipality, First Nation or approved corporation, as the case may be, received payment under section 9 of the Day Nurseries Act, without the approval in writing of a director, and such approval may be made subject to such conditions for repayment in whole or in part of any such payment as the director considers advisable. Recovery of whole or part of payment (2) Where a municipality, First Nation or approved corporation changes the site, structure or use of, or sells, leases, mortgages or otherwise disposes of any part of or interest in any day nursery without the approval of a director, or, where such approval has been given, is in default of any condition for repayme…

87 Any approval of a corporation for the payment of grants granted by the Minister under subsection 6 (1) of the Day Nurseries Act ceases to have effect on the day section 1 of Schedule 2 to the Child Care Modernization Act, 2014 comes into force.

88 (1) The Lieutenant Governor in Council may make regulations respecting transitional matters related to the implementation of this Act. Same (2) Without limiting the generality of subsection (1), the power to make regulations under that subsection includes the power to make regulations, (a) providing that the Day Nurseries Act, a provision of that Act, or an agreement made under that Act continues to apply, for a specified period of time and with necessary modifications, to specified things or in specified circumstances; (b) providing that licences issued under the Day Nurseries Act are deemed to have been replaced with licences issued under this Act; and (c) providing for and governing temporary permits that authorize a person whose application for a licence is being considered to operate a child care centre or a home child care agency on a temporary basis. Conflict with transitional …

89 Omitted (provides for amendments to this Act).

part ix (omitted)

90 Omitted (provides for coming into force of provisions of this Act).

91 Omitted (enacts short title of this Act). ______________