jswizzle3737/ontario_laws_and_regs huggingface dataset:
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
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 management or activities to improve or maintain the quality of the programs and services that the service system manager, First Nation or prescribed local authority provides or funds, in whole or in part. Limits on collection and use (2) The service system manager, First Nation or prescribed local authority shall not collect or use personal information if other information will serve the purpose of the collection or use. Same (3) The service system manager, First Nation or prescribed local authority shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use. Requiring disclosure (4) The service system manager, First Nation or prescribed local authority may require any of the following persons to disclose to it such personal information as is reasonably necessary for the purposes described in subsection (1): 1.  A person who provides or operates a prescribed child care or early years program or service. 2.  A person who has information that is relevant to a determination or verification described in paragraph 2 of subsection (1). Time and form of disclosure (5) The service system manager, First Nation or prescribed local authority may specify the time at which and the form in which the personal information required from a person under subsection (4) must be provided and the secure method to be used in the transfer of the information.
72 (1) The Minister may assign an Ontario education number to a child who, (a)  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; and (b)  has not already been assigned an Ontario education number under the Education Act. 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. Same (3) Subsection (2) applies to, (a)  the officers of and employees in the Ministry; and (b)  persons who provide or operate programs and services described in subclauses (1) (a) (i) and (ii). Same (4) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to a collection under subsection (2). Same (5) The disclosure of information under subsection (2) is deemed to be for the purposes of complying with this Act and the Education Act.
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)  the administration of child care and early years programs and services; (b)  the funding of those programs and services and the provision of financial assistance with respect to them; and (c)  planning, delivery and research with respect to them. Same (4) Subsection (3) applies to, (a)  the Minister; (b)  a person who provides or operates a prescribed child care or early years program or service; and (c)  any other prescribed person or entity. 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, subsection (1) prevails.
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) (Prohibition re false or misleading information). 13.  Any other provision of this Act or the regulations prescribed by the regulations. Offence re orders (2) Every person who fails to comply with an order made under section 36, 37 or 38 is guilty of an offence. Limitation period (3) No proceeding under this section shall be commenced more than two years after the facts upon which the proceeding is based first came to the knowledge of the director or inspector.
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
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.
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 repayment imposed under subsection (1), the whole or any part of any payment under section 9 of the Day Nurseries Act in respect of the day nursery may be recovered as a debt due to the Crown from the municipality, First Nation or approved corporation, as the case may be, (a)  out of money payable by Ontario to the municipality, First Nation or approved corporation under the authority of any Act; or (b)  by proceedings in any court of competent jurisdiction. Interpretation (3) In this section, “approved corporation” and “day nursery” have the same meaning as in subsection 1 (1) of the Day Nurseries Act.
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 regulations (3) In the event of a conflict, a regulation made under this section prevails over this Act or the regulations, or any other Act or regulation administered by the Minister. 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). ______________  Français