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 provide, by two child care providers for no more than twice the number of children that applies for the purposes of sub-subparagraph A or, if a lesser number is prescribed, no more than the prescribed number of children. ii.  There is an agreement between a home child care agency and the child care provider that provides for the agency’s oversight of the provision of care. iii.  The home child care agency has been advised of all of the children at the premises. iv.  The group of children does not include, A.  in the circumstances described in sub-subparagraph i A, more than three children who are younger than two years old, B.  in the circumstances described in sub-subparagraph i B, more than six children who are younger than two years old or, if a lesser number is prescribed, more than the prescribed number, or C.  if the director authorizes under section 27 the provision of child care for more children who are younger than two years old than the number that applies for the purposes of sub-subparagraph A or B, more than the number specified by the director. unlicensed child care, five children or less 2.  The child care provided at the premises meets the following criteria: i.  The child care is provided for no more than five children at any one time or, if a lesser number is prescribed by the regulations, no more than the prescribed number of children at any one time. ii.  There is no agreement between a home child care agency and the child care provider that provides for the agency’s oversight of the provision of care. iii.  The group of children does not include more than three children who are younger than two years old. in-home services 3.  The child care provided at the premises meets the following criteria: i.  The child care is provided for a child at his or her home, or at another place where residential care is provided for the child. ii.  There is an agreement between a home child care agency and the child care provider that provides for the agency’s oversight of the provision of care. iii.  The home child care agency has been advised of all of the children at the premises. iv.  Repealed: 2019, c. 4, Sched. 3, s. 2 (4). v.  The child care meets any other criteria prescribed by the regulations. prescribed circumstances 4.  The child care is provided by a person, at a premises, as part of a program or service or in any other circumstance prescribed by the regulations. 2014, c. 11, Sched. 1, s. 6 (3), 2019, c. 4, Sched. 3, s. 2 (1-4). Same, authorized recreational and skill building programs (4) If the regulations so provide, subsection (1) does not apply in respect of the provision of child care if the child care is provided as part of a program that meets the following criteria: 1.  The primary purpose of the program is to provide child care. 2.  The program includes, as a complementary purpose, activities that promote recreational, artistic, musical or athletic skills or provide religious, cultural or linguistic instruction. 3.  The program is not operated at a person’s home. 4.  The child care is provided only for children who, i.  are four years old or older, or ii.  if the child care is provided on or after September 1 in a calendar year, will attain the age of four in that year. 5.  The program meets any other criteria prescribed by the regulations. 2014, c. 11, Sched. 1, s. 6 (4); 2019, c. 4, Sched. 3, s. 2 (5). Children of the provider (5) For the purposes of counting children at a premises under paragraphs 1 and 2 of subsection (3), a child care provider’s own children who are at the premises shall be counted, except as follows: 1.  A child who is four years old or older shall not be counted on any day. 2.  If the child care is provided on or after September 1 in a calendar year, a child who will attain the age of four in that year shall not be counted on any day. 2014, c. 11, Sched. 1, s. 6 (5); 2017, c. 34, Sched. 3, s. 1; 2019, c. 4, Sched. 3, s. 2 (5-6). Home child care, number of children (6) Regulations made for the purposes of sub-subparagraph 1 i A of subsection (3) shall ensure that the number of children prescribed is more than the number of children for whom child care may be provided under subparagraph 2 i of subsection (3). 2014, c. 11, Sched. 1, s. 6 (6). Same, interpretation (7) For greater certainty, nothing in this section shall be interpreted as preventing an agreement between a home child care agency and a provider of home child care that provides that the number of children for whom the care is provided shall be less than the number of children that applies for the purposes of subparagraph 1 i of subsection (3). 2014, c. 11, Sched. 1, s. 6 (7). Para. 2 of subs. (3), interpretation (8) For greater certainty, the number of child care providers at a premises shall not affect the number of children for whom child care may be provided in the circumstances set out in paragraph 2 of subsection (3). 2014, c. 11, Sched. 1, s. 6 (8). Exception re unlicensed child care (9) If, on the day that the Child Care Modernization Act, 2014 receives Royal Assent, a child care provider provides child care for children at a premises in the circumstances described in subparagraphs 2 i and ii of subsection (3), then until the date mentioned in subsection (10), subparagraph 2 iii of subsection (3) and subsection (5) do not apply to the person in respect of those children. 2014, c. 11, Sched. 1, s. 6 (9). Same (10) For the purposes of subsection (9), the date is January 1, 2016 or, if a different date is prescribed by the regulations, the prescribed date. 2014, c. 11, Sched. 1, s. 6 (10). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 3, s. 1 - 01/03/2018 2019, c. 4, Sched. 3, s. 2 (1-6) - 01/07/2019