jswizzle3737/ontario_laws_and_regs huggingface dataset:
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 evaluate and choose child care and early years programs and services, and (ii)  increases understanding about child development and improves the ability to evaluate the effectiveness of the child care and early years programs and services; and (f)  facilitates and supports the coordination of provincial planning and policy development.
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.
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.
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  Repealed: 2019, c. 4, Sched. 3, s. 3. 3.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 regulatory body established under that Act was revoked and the individual has not been readmitted since that time, ii.  a certificate or documentation issued to the individual under that Act that authorized the individual to practice was revoked and has not been reissued since that time, or iii.  the individual’s authority to practice was restricted in any other way prescribed by the regulations. Directors of corporations (2) If a corporation operates a premises where child care is provided or enters into an agreement described in section 7, all of its directors are deemed, for the purposes of subsection (1), to be operating the premises or to have entered into the agreement. Corporation (3) No corporation shall operate a premises where child care is provided or enter into an agreement described in section 7 if, (a)  the corporation has been convicted of an offence referred to in subparagraph 1 i or iii of subsection (1); or (b)  a director of the corporation is described in paragraph 1 or 2 of subsection (1). Municipalities and school boards (4) Subsection (2) and clause (3) (b) do not apply if the corporation is a municipality, school board or district social services administration board. Prohibition - preventing parental access
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) No person shall represent or hold out expressly or by implication that he, she or it is licensed to operate a child care centre or as a home child care agency, unless the person is licensed under this Act. Same, home child care agency (4) No person who provides temporary care for or supervision of children shall represent or hold out expressly or by implication that the care or supervision is overseen by a home child care agency unless it is in fact overseen by a home child care agency that is licensed under this Act. Application, prescribed exemptions (5) This section does not apply in the circumstances prescribed by the regulations.
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 or signage, except as required for the purposes of this section, as otherwise required by law, or as permitted by the regulations. Duty to return licence and signage (6) If a licence or any other signage has been provided to a person for the purposes of this Act, the person shall return the licence or signage to a director in the circumstances prescribed by and in accordance with the regulations.
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 other designation indicating that it meets certain standards or requirements, except in accordance with the regulations.
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 Act, 2017 (4) Nothing in this section affects the duty to report a suspicion under section 125 of the Child, Youth and Family Services Act, 2017. 2017, c. 14, Sched. 4, s. 3 (1). Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 3 (1) - 30/04/2018
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 authority (3) For the purposes of section 62, the director may send a copy of an application to a service system manager, First Nation or prescribed local authority and, if the service system manager, First Nation or prescribed local authority provides advice to the director in respect of the application, the director shall consider the advice for the purposes of clause 23 (1) (f). Director’s duty to issue or renew (4) The director shall issue or renew a licence if the applicant applied in accordance with subsection (1) unless, (a)  the director refuses to do so in accordance with section 23; (b)  the applicant is under 18 years old, is a partnership or is an association of persons; or (c)  a licence held by the applicant has been revoked, or the issuance or renewal of such a licence has been refused, and the time period prescribed by the regulations has not elapsed since the day of the revocation or refusal. Not transferable (5) A licence is not transferable. Notice of change, corporations (6) Where the licensee is a corporation, the licensee shall notify a director in writing within 15 days of any change in the officers or directors of the corporation.
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
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 Tribunal may, (a)  order that the change be continued, with or without amendments, or substitute its opinion for that of the director; and (b)  by order, direct the director to take such action as the Tribunal considers he or she should take in accordance with this Act and the regulations. Application of subs. 23 (10) and (12) (6) Subsections 23 (10) and (12) apply for the purposes of this section.
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 be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy. Written demand (3) A demand that a record or other thing be produced for inspection must be in writing and must state, (a)  the nature of the record or thing required; and (b)  when the record or thing is to be produced. Obligation to produce and assist (4) If an inspector demands that a record or other thing be produced for inspection, the person having custody of the record or other thing shall produce it for the inspector within the time provided for in the demand, and shall, upon the inspector’s demand, (a)  provide whatever assistance is reasonably necessary to produce a record in a readable form, including using a data storage, processing or retrieval device or system; and (b)  provide whatever assistance is reasonably necessary to interpret a record for the inspector. Power to exclude persons (5) An inspector who questions a person under clause (1) (f) may exclude from the questioning any person except counsel for the individual being questioned. Return of things (6) A record or other thing that has been removed for review and copying, (a)  shall be made available to the person from whom it was removed on request and at a time and place that are convenient for the person and for the inspector; and (b)  shall be returned to the person within a reasonable time. Definition of record (7) In this section, “record” means any document or record of information, in any form, including a record of personal information.
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 the premises under section 30 or a power under subsection 31 (1), or (ii)  there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under section 30 or a power under subsection 31 (1). Dwellings (3) The power to enter a premises described in subsection (2) with a warrant shall not be exercised to enter a premises that is used as a dwelling, except where, (a)  the justice is informed that the warrant is being sought to authorize entry into a dwelling; and (b)  the justice authorizes the entry into the dwelling. Same, subclause (2) (a) (vi) (4) Despite subsection (3), the power to enter a premises described in subclause (2) (a) (vi) with a warrant shall not be exercised to enter a premises that is used as a dwelling. Expert help (5) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the inspector in the execution of the warrant. Expiry of warrant (6) A warrant issued under this section shall name a date on which it expires, which shall be no later than 30 days after the warrant is issued. Extension of time (7) A justice may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the inspector named in the warrant. Police assistance, etc. (8) An inspector named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a police officer for assistance in executing the warrant. Time of execution (9) A warrant issued under this section may be executed between 8 a.m. and 8 p.m. only, unless the warrant specifies otherwise. Other matters (10) Subsections 31 (3) to (7) apply, with necessary modifications, with respect to the exercise of the powers mentioned in subsection (4) under a warrant issued under this section.
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, Sched. 1, s. 35 (2); 2015, c. 30, s. 23 (4). Same (3) A police record check, (a)  must have been prepared within the period of time prescribed by the regulations; and (b)  must meet any other requirements prescribed by the regulations, including requirements relating to the type of police record check. 2014, c. 11, Sched. 1, s. 35 (3); 2015, c. 30, s. 23 (5, 6). Duty to comply (4) The person shall provide the director with the results of the police record check as soon as reasonably possible or within such other time period prescribed by the regulations. 2014, c. 11, Sched. 1, s. 35 (4); 2015, c. 30, s. 23 (7). Section Amendments with date in force (d/m/y) 2015, c. 30, s. 23 (3-7) - 01/11/2018 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 prescribed by the regulations. Service (4) The order shall be served on the person whom the director or inspector believes is not in compliance with this Act or the regulations. Amendment or revocation of order (5) If a director or inspector makes an order under subsection (1), he or she may amend or revoke it. Notice (6) Upon amending or revoking an order under subsection (5), the director or inspector shall give written notice of the amendment or revocation to the person to whom the order is directed.
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 the Superior Court of Justice for an order varying or discharging any order made under subsection (1). Administrative Penalties
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 collect disbursements.
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-based options for families in relation to the receipt of licensed child care; (f)  respects equity, inclusiveness and diversity in communities and the particular qualities of, (i)  Aboriginal, First Nations, Métis and Inuit communities, (ii)  children with disabilities; (iii)  Francophone communities, and (iv)  urban, rural, remote and northern communities; (g)  provides for strong and sustainable partnerships among the Province, service system managers and others in the community; (h)  is co-ordinated with other community and human services; (i)  is flexible and able to adapt to local circumstances; (j)  supports the social and economic well-being of Ontarians; (k)  ensures appropriate accountability for public funding; (l)  supports the transition from child care and early years programs and services to school; (m)  approaches pedagogy in child care and early years programs and services in a manner that supports the transition referred to in clause (l); (n)  addresses any other aspect prescribed by the regulations. Additional matters declared by LG in C (2) The Lieutenant Governor in Council may, by regulation, declare additional matters to be matters of provincial interest for the purposes of this Part.
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 system manager for that purpose. Approval of plan (5) A plan shall not be implemented before it is approved, (a)  by the council of the municipality, if the service system manager is a municipality; and (b)  by the members of a district social services administration board, if the service system manager is such a board.
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; and (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. Same, funding (2) Without limiting the generality of clause (1) (a), the Minister’s powers under that clause include the power to fund capital projects and research and development. Ministerial agreements (3) The Minister may enter into agreements with service system managers, or any other persons prescribed by the regulations, for the purposes of subsection (1). Interpretation (4) For greater certainty, this section does not limit the generality of the powers conferred on the Minister by this or any other Act. Minister’s policy statements - provincial interest, programming and pedagogy, etc.
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 years programming and pedagogy that support children’s learning and development. Same (4) In developing policy statements under subsection (1), the Minister shall consider the interests and particular qualities of Aboriginal, First Nations, Métis and Inuit communities and Francophone communities. Joint issue (5) The Minister may issue a policy statement alone or together with any other minister. Legislation Act, 2006 (6) For greater certainty, Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy statement made under this section. 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, c. 11, Sched. 1, s. 57 (1). Natural person powers (2) For greater certainty, a service system manager may use its powers under the following provisions for the purposes of this Act: 1.  If the service system manager is a municipality, section 9 of the Municipal Act, 2001 or section 7 of the City of Toronto Act, 2006. 2.  If the service system manager is a district social services administration board, section 15 of the Not-for-Profit Corporations Act, 2010. 2017, c. 20, Sched. 8, s. 69. Powers not exclusive (3) Paragraphs 5 and 6 of subsection 11 (4) of the Municipal Act, 2001 do not apply with respect to a service system manager’s powers under this section. 2014, c. 11, Sched. 1, s. 57 (3). Clarification on powers - municipal service system managers (4) For the purposes of this Act, section 19 of the Municipal Act, 2001 does not limit a service system manager that is a municipality from exercising its powers under this Act or under section 9 of the Municipal Act, 2001
throughout its service area. 2014, c. 11, Sched. 1, s. 57 (4). Provision of Municipal Act, 2001
- dssab service system managers (5) For the purposes of this Act, the following provisions of the Municipal Act, 2001 and the regulations that relate to those provisions apply, with necessary modifications, to a service system manager that is a district social services administration board: 1.  Section 107. 2.  Subsections 110 (1), (2), (3), (4), (10) and (11). 3.  Subsections 417 (1), (2) and (3). 4.  Subsections 418 (1), (2), (3) and (4). 2014, c. 11, Sched. 1, s. 57 (5). Prohibition re assistance does not apply (6) Section 106 of the Municipal Act, 2001 and section 82 of the City of Toronto Act, 2006 do not apply with respect to assistance for child care and early years programs and services. 2014, c. 11, Sched. 1, s. 57 (6). Section Amendments with date in force (d/m/y) 2014, c. 11, Sched. 1, s. 89 - no effect - see 2017, c. 20, Sched. 8, s. 146 - 14/11/2017 2017, c. 20, Sched. 7, s. 77 - 13/01/2018; 2017, c. 20, Sched. 8, s. 69 - 19/10/2021; 2017, c. 20, Sched. 8, s. 146 - 14/11/2017
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 and duties (6) For the purposes of this Part, a prescribed local authority shall have such other powers and duties as may be prescribed by the regulations.
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.