jswizzle3737/ontario_laws_and_regs huggingface dataset:
PART I INTERPRETATION AND APPLICATION OF ACT
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Exemptions: recreational and academic activities
 2. (1) The following factors shall be considered, as may be relevant, when ascertaining the primary purpose of a program or service described in paragraph 7 or 8 of subsection 4 (1) of the Act for the purpose of determining whether the program or service is provided in exempt circumstances: 1.  The schedule of operation for the program or service, including the time of the year, the days of the week, the times of the day and the number of hours each day that the program is operated. 2.  The ages of the children in the program or service. 3.  Whether the program or service provides or organizes transportation for children to or from the program. 4.  Whether the type of facility in which the program or service is held and the furnishings and equipment used for the program or service are suitable and intended for the purpose described in the paragraph. 5.  The content of the program or service and the portion of time dedicated to the purpose described in the paragraph. 6.  Whether the registration and administration for the program or service is coordinated with the registration and administration for one or more other programs or services offered by the same provider. (1.1) A program or service described in paragraph 7 of subsection 4 (1) of the Act is not provided in exempt circumstances for the purposes of subsection 4 (1) of the Act if it is provided, (a)  by a private school (within the meaning of the Education Act); or (b)  as part of a camp that, (i)  is not operated for more than 13 weeks in a calendar year, (ii)  is not operated on days on which instruction is typically provided for pupils enrolled in schools, and (iii)  provides care or supervision every weekday for at least two hours each day. O. Reg. 126/16, s. 2 (1). (2) A program or service described in paragraph 8 of subsection 4 (1) of the Act is provided in exempt circumstances for the purposes of subsection 4 (1) of the Act only if, (a)  the program or service is operated for children who are four years old or older or, if the care or supervision is provided on or after the first day of school in a calendar year, will attain the age of four in that year; (b)  the program or service is not operated on the days and during the times when school is typically operated by a school board; and (c)  the primary purpose of the program or service, as ascertained in accordance with subsection (1), is not to provide temporary care for or supervision of children but rather to assist children with academic studies and skills. O. Reg. 137/15, s. 2 (2); O. Reg. 126/16, s. 2 (2).
Authorized recreational and skill building programs
 3.1 (1) Subsection 6 (1) of the Act 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 criteria set out in paragraphs 1 to 4 of subsection 6 (4) of the Act and the following criteria: 1.  The program operates, i.  on weekdays during the school year, within the meaning of the Education Act, outside the time when instruction is typically provided for pupils enrolled in schools, and ii.  for no more than one period of three or fewer consecutive hours each day. 2.  The program is, i.  operated by the local service system manager, a municipality, a school board, a First Nation or the Métis Nation of Ontario, ii.  operated by an organization that delivers Ontario’s After School Program funded by the Ministry of Heritage, Sport, Tourism and Culture Industries, iii.  operated by a member of YMCA Canada or by a member of Boys and Girls Clubs of Canada, iii.1  operated by a member of a provincial sport organization or multi-sport organization recognized by the Ministry of Heritage, Sport, Tourism and Culture Industries, where the program’s activities are related to the sport or sports promoted by the organization, iii.2  operated by an organization that is recognized by Parks and Recreation Ontario as a HIGH FIVE accredited organization, iii.3  operated by a Friendship Centre that is a member of the Ontario Federation of Indigenous Friendship Centres, iv.  operated by an agency or attraction of the Ministry of Heritage, Sport, Tourism and Culture Industries, v.  authorized by the local service system manager to offer child care in their service area provided that the program can demonstrate to the local service system manager that it offers programming that supports the health, safety, and well-being of children, or vi.  authorized by a First Nation to offer child care on their territory provided that the program can demonstrate to the First Nation that it offers programming that supports the health, safety and well-being of children. O. Reg. 126/16, s. 4 (2); O. Reg. 274/16, s. 1 (2); O. Reg. 51/18, s. 3; O. Reg. 254/19, s. 1; O. Reg. 174/21, s. 3 (1-4). (2) Subparagraph 1 ii of subsection (1) does not apply to the following programs if the program is approved by a director for the purposes of this subsection: 1.  A program described in subparagraph 2 i of subsection (1), but only in the case of a program operated by the local services system manager, a municipality or a First Nation. 2.  A program described in subparagraph 2 ii, iii or iii.3 of subsection (1). O. Reg. 174/21, s. 3 (5). 4. Revoked: O. Reg. 174/21, s. 4. 5. Revoked: O. Reg. 137/15, s. 92 (3). PART II   OPERATION OF CHILD CARE CENTRES AND HOME CHILD CARE General
PART II OPERATION OF CHILD CARE CENTRES AND HOME CHILD CARE
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Licensee responsible
 6. (1) Subject to subsections (2) and (3), every licensee shall be responsible for the operation and management of each child care centre or home child care agency it operates, including the program, financial and personnel administration of each such child care centre or home child care agency. (2) A licensee may appoint a person who shall be responsible to the licensee for the day-to-day operation and management of each child care centre or home child care agency in accordance with subsection (1). (3) Where a licensee or a person appointed under subsection (2) is absent, the powers and duties of the licensee or the person appointed under subsection (2) shall be exercised and performed by such person as the licensee designates. (4) Every licensee of a child care centre shall employ a supervisor, who shall be a person described in section 53, who shall plan and direct the program of the child care centre, be in charge of the children, oversee the staff and who shall be responsible to the licensee. (5) Every licensee of a home child care agency shall employ at least one home child care visitor, who shall be a person described in section 56, who shall provide support at and monitor each premises where the licensee oversees the provision of home child care, and who shall be responsible to the licensee. O. Reg. 126/16, s. 5.
In-home services
 6.0.1 (1) Every provision in this Regulation that applies in respect of home child care, including requirements that apply to home child care providers or home child care agencies, shall also apply in respect of in-home services with the exception of the following: 1.  Section 9 (home child care group sizes). 2.  Section 25 (compliance with health and safety standards). 3.  Section 28 (temperature). 4.  Subsections 36 (1), (2) and (3) (child illness and accident). 5.  Subsections 42 (1) and (2) (requirements re food and drink). 6.  Section 44 (special arrangements). 7.  Subsections 47 (3) and (4) (program requirements re activity, rest, sleep, outdoor play, etc.). O. Reg. 174/21, s. 5 (1). Note: On January 1, 2024, subsection 6.0.1 (1) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 325/23, s. 1) 8.  Section 50 (safe arrival and dismissal policy). (2) For the purposes of subsection (1), any reference to “home child care” in a provision of this Regulation, including in a definition, shall be read as a reference to “home child care or in-home services”. O. Reg. 174/21, s. 5 (1). (3) Despite subsections (1) and (2), a reference in Table 1 or 2 to section 78 to a contravention shall not be read as including contraventions of provisions that apply in respect of in-home services pursuant to this section. O. Reg. 174/21, s. 5 (1). (4) Revoked: O. Reg. 174/21, s. 5 (2).
Implementation of policies, procedures and individualized plans
 6.1 (1) Every licensee shall ensure that the policies, procedures and individualized plans it is required to have under this Regulation are implemented at each child care centre it operates and at each premises where it oversees the provision of home child care. O. Reg. 126/16, s. 6. (2)-(6) Revoked: O. Reg. 51/18, s. 4 (1). (7) Every licensee of a child care centre or home child care agency shall have written policies and procedures that set out, (a)  how compliance with the policies, procedures and individualized plans will be monitored on an ongoing basis, recorded and addressed; and (b)  how contraventions of the policies, procedures and individualized plans will be monitored on an ongoing basis, recorded and addressed. O. Reg. 126/16, s. 6; O. Reg. 51/18, s. 4 (2). (8) Every licensee shall ensure that records of compliance or contraventions are kept in accordance with section 82. O. Reg. 126/16, s. 6. Ratios of Employees to Children and Group Size
Ratios of Employees to Children and Group Size
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Age categories
 7. (1) In this Part, a reference to a child by an age category name, such as “infant”, “toddler” and so on, means a child whose age is within the age range set out in Schedule 1 for that age category. O. Reg. 126/16, s. 7 (2); O. Reg. 51/18, s. 5. (2) Where this Part sets out different rules based on a child’s age category or the age category of a licensed age group, the following applies in respect of children in a group in which mixed-age grouping is used: 1.  If a rule is stated as applying to a licensed age group, or to a child in a licensed age group, the rule applies to each child in the group as if each child’s age fell within the age range of the licensed age group. 2.  If a rule is stated as applying to a child of a specific age or to a specific age category, the rule applies to a child in the group according to whether his or her actual age is the specified age or is within the age range for the age category. O. Reg. 126/16, s. 7 (1). 7.1 Revoked: O. Reg. 51/18, s. 6.
Licensed family age groups
 8.1 (1) A licensee may be licensed to provide child care for a licensed family age group that meets the following age requirements: 1.  The group shall not include more than 15 children. 2.  The group shall not include more than six children who are younger than 24 months. O. Reg. 126/16, s. 10. (2) Every licensee that provides child care for a licensed family age group shall ensure that the requirements determined as follows respecting the number and qualifications of employees who provide child care to the licensed family age group are satisfied, whether children are on the premises or during activities off the premises: 1.  Classify each child according to his or her age category, as set out in Schedule 4. 2.  Determine the total number of children in each age category. 3.  For each age category, multiply the number of children in the age category by the ratio set out in Column 2 of Schedule 4 opposite the age category, expressed as a decimal. 4.  Find the total of the numbers determined under paragraph 3 for all age categories. 5.  Round the number determined under paragraph 4 up to the nearest whole number. 6.  The number determined under paragraph 5 is the minimum number of employees required to provide child care to the group, unless one of the following applies: i.  If there are more than six children, there must be at least two employees providing child care to the group. ii.  If there are more than 10 children and one or more children are younger than 12 months, there must be at least three employees providing child care to the group. iii.  If there are six or fewer children, and no more than three children are younger than 24 months, only one employee is required to provide child care to the group. 7.  The number of employees determined under paragraph 6 that must be qualified employees is, i.  if fewer than three employees are required under paragraph 6, then at least one employee must be a qualified employee, and ii.  if three or more employees are required under paragraph 6, then at least two of the employees must be qualified employees. O. Reg. 126/16, s. 10; O. Reg. 254/19, s. 3. (3) If a licensed family age group includes children who are 44 months or older and, but for such children, the number of employees determined under paragraph 6 of subsection (2) would be lower, then the greater number of employees is required only when such children are present. O. Reg. 126/16, s. 10.
Home child care group sizes
 9. (1) Every licensee shall ensure that the number of children receiving child care, including the children of the home child care provider, in each premises where the licensee oversees the provision of home child care does not exceed the number specified in the Act. (2) Every licensee shall establish a maximum capacity in accordance with the Act for each premises where the licensee oversees the provision of home child care and this capacity shall be set out in the agreement between the licensee and the home child care provider. (3) Every licensee shall, before placing a child at a premises where the licensee oversees the provision of home child care, consider whether the placement would provide safe accommodation for the child and for any children already at the premises, and for that purpose shall consider the following: 1.  The ages of the children in the group. 2.  Any special needs or medical needs of the children in the group. 3.  The ability of each child to evacuate independently in an emergency. 4.  The experience and qualifications of the home child care provider. 5.  The physical environment of the premises, including the total amount and distribution of space in the premises. O. Reg. 137/15, s. 9 (3); O. Reg. 254/19, s. 4.
Resource consultant
 10. A resource consultant shall not be included when calculating the number of employees required to meet the ratio under section 8 or 8.1. O. Reg. 174/21, s. 7.
Supervision by adult at all times
 11. Every licensee shall ensure that every child who receives child care at a child care centre it operates or at a premises where it oversees the provision of home child care is supervised by an adult at all times, whether the child is on or off the premises.
Supervision of volunteers and students
 11.1 (1) Every licensee shall ensure that every volunteer or student at a child care centre it operates or at a premises where it oversees the provision of home child care is supervised by an employee or home child care provider at all times and is not permitted to be alone with any child who receives child care at the child care centre or home child care premises. O. Reg. 126/16, s. 12. (2) Every licensee shall ensure that there are written policies and procedures regarding volunteers and students that set out, at a minimum, (a)  the requirement described in subsection (1); (b)  the roles and responsibilities of the licensee and supervising employees; and (c)   the roles and responsibilities of volunteers and students. O. Reg. 126/16, s. 12. Building, Equipment and Playground — Child Care Centres
Building, Equipment and Playground — Child Care Centres
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Child care centres in schools
 12. Clauses 13 (1) (d), (e) and (f), subsection 14 (2) and sections 15, 20, 21, 22 and 24
do not apply to a child care centre, or part of a child care centre, if the centre or part is located in a school and is licensed to provide child care only for children in licensed kindergarten, primary/junior school age or junior school age groups.
Compliance with health and safety standards, Building Code, Fire Code, etc.
 13. (1) Every person who applies for a licence to operate a child care centre under section 20 of the Act shall at the time of application file with a director evidence that the premises to be used as a child care centre complies with, (a)  the laws affecting the health of inhabitants of the municipality or of the reserve of a First Nation, as the case may be; (b)  any rule, regulation, direction or order of the local board of health and any direction or order of the local medical officer of health that may affect the provision of child care; (c)  any by-law of the municipality or any by-law of the council of the First Nation on the reserve, as the case may be, and any other law for the protection of persons from fire hazards; (d)  any building by-law passed by the municipality pursuant to the Planning Act or any predecessor of that Act and any by-law of the council of the First Nation on the reserve to regulate the construction, repair or use of buildings; (e)  the requirements of Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992, where applicable; (f)  the requirements of Ontario Regulation 213/07 (Fire Code) made under the Fire Protection and Prevention Act, 1997, where applicable; and (g)  the requirements of the Safe Drinking Water Act, 2002, where applicable. O. Reg. 137/15, s. 13 (1). (2) Every licensee who applies for the renewal or revision of a licence to operate a child care centre shall file any evidence that the director may require that the premises used as a child care centre complies with the matters listed in subsection (1). O. Reg. 137/15, s. 13 (2); O. Reg. 126/16, s. 13. (3) A licensee shall ensure that a premises complies with the matters listed in subsection (1) at all times during which it is used as a child care centre. O. Reg. 174/21, s. 8.
Eligibility for Canada-Wide Early Learning and Child Care System
 13.1 (1) Every person who applies for a licence to operate a child care centre under section 20 of the Act shall, at the time of application, file the following with a director: 1.  If the person intends to apply for enrolment in the Canada-Wide Early Learning and Child Care System, advice provided by a service system manager to the person within the preceding six months regarding whether the person would be enrolled in the Canada-Wide Early Learning and Child Care System under subsection 77.3 (2) based on the information provided by the person to the service system manager. 2.  If the person does not intend to apply for enrolment in the Canada-Wide Early Learning and Child Care System, evidence that the person has notified the service system manager of their intent to apply for a licence and that they will not be applying for enrolment in the Canada-Wide Early Learning and Child Care System. O. Reg. 565/22, s. 1. (2) Every person who applies for a licence to operate a home child care agency under section 20 of the Act shall, at the time of application, file with a director the advice or evidence described in subsection (1). O. Reg. 565/22, s. 1. (3) Every licensee who applies for the renewal or revision of a licence to operate a child care centre or home child care agency shall file with a director the advice or evidence described in subsection (1) if the director so requires. O. Reg. 565/22, s. 1. (4) Any advice provided by a service system manager for the purposes of this section shall be based on the information the service system manager has at the time the advice is provided and does not constitute a decision or promise made for the purposes of subsection 77.3 (2). O. Reg. 565/22, s. 1; O. Reg. 325/23, s. 2.
Approval by director of plans re child care centre
 14. (1) Where a person proposes that a new building be erected or an existing building be used, altered or renovated for use as a child care centre or that alterations or renovations be made to premises used as a child care centre, the person shall not commence the erection, use, alteration or renovation until plans are approved by a director, except where the plans are approved by the Minister under section 22 of Ontario Regulation 138/15 (Funding, Cost Sharing and Financial Assistance) made under the Act. (2) The plans referred to in subsection (1) shall include space designated for each item listed in subsections 15 (1) and (3).
Designated spaces
 15. (1) Every licensee shall ensure that each child care centre it operates includes space designated for each of the following: 1.  Washing, dressing and toileting. 2.  Storage for toys, indoor play materials and equipment. 3.  Storage for food. 4.  Storage of hard copies of records, if necessary. 5.  Storage for medical supplies, cleaning materials and equipment and other items that could cause harm to a child, such as poisonous and hazardous substances. 6.  Heating and electrical equipment. O. Reg. 137/15, s. 15 (1); O. Reg. 51/18, s. 8 (1); O. Reg. 174/21, s. 9. (2) Every licensee shall ensure that the spaces in each child care centre it operates that are referred to in paragraphs 5 and 6 of subsection (1), and the items kept in those spaces, are inaccessible to children. O. Reg. 51/18, s. 8 (2). (3) A licensee that operates a child care centre that has a program that runs for six hours or more in a day shall ensure that in addition to the spaces referred to in subsection (1) the child care centre has space designated for each of the following: 1.  Eating and resting. 2.  The preparation of food, if meals are prepared on the premises. 3.  Storage for beds and linen. 4.  A staff rest area. 5.  Storage for outdoor play equipment. 6.  Office area. 7.  Outdoor play. O. Reg. 137/15, s. 15 (3).
Play activity space
 16. (1) Subject to subsection (2), every licensee of a child care centre shall ensure that each child care centre it operates has play activity space of at least, (a)  2.8 square metres of unobstructed floor space for each child in a licensed infant, toddler, preschool or family age group, based on the licensed capacity; and (b)  2.58 square metres of unobstructed floor space for each child in a licensed kindergarten, primary/junior school age or junior school age group, based on the licensed capacity. O. Reg. 126/16, s. 14 (1); O. Reg. 51/18, s. 9 (1, 2); O. Reg. 174/21, s. 10 (1). (2) A director may approve a smaller amount of space than required under clause (1) (b) for a child care centre located in a school, provided that the room or area to be used by a licensed age group is used by the school for children who are the same age as the age category of the licensed age group. O. Reg. 137/15, s. 16 (2). (3) Revoked: O. Reg. 174/21, s. 10 (2). (4) Revoked: O. Reg. 51/18, s. 9 (3).
Play activity rooms
 17. (1) Every licensee of a child care centre shall ensure that in each child care centre it operates, (a)  each licensed infant group has a separate play activity room and a separate sleeping area that is separated from any play activity area; (a.1)  Revoked: O. Reg. 51/18, s. 10 (1). (b)  each licensed toddler group has a separate play activity room; (c)  each licensed preschool group has a separate play activity room; (d)  each licensed kindergarten, primary/junior school age or junior school age group has a separate play activity area, unless otherwise approved by a director; and (e)  each licensed family age group has a separate play activity room and, if the group requires cribs or cradles, has a separate sleeping area that is separated from any play activity area. O. Reg. 137/15, s. 17 (1); O. Reg. 126/16, s. 15 (1-3); O. Reg. 51/18, s. 10 (1); O. Reg. 174/21, s. 11. (2) Revoked: O. Reg. 51/18, s. 10 (2). 18. Revoked: O. Reg. 174/21, s. 12.
Play materials, equipment and furnishings
 19. (1) Every licensee shall ensure that play materials in each child care centre it operates are, (a)  provided in numbers that are adequate to serve the licensed capacity of the child care centre; (b)  of sufficient variety to allow for rotation of the play materials in active use; (c)  available and accessible to the children throughout the day; (d)  of such type and design to allow the children to make choices and to encourage exploration, play and inquiry; and (e)  appropriate to support the learning and development of each child. (2) Every licensee shall ensure that the following equipment and furnishings are provided in each child care centre it operates: 1.  A table or counter space that is adjacent to a sink and suitable for dressing or changing the diaper of one child at a time for every licensed infant group, toddler group or family age group. 2.  Revoked: O. Reg. 51/18, s. 11 (2). 3.  Bedding for use during rest periods for each child who receives child care for six hours or more. 4.  A crib or a cradle for each child who is younger than 12 months. 5.  For each child who is 12 months or older but younger than 18 months and who receives child care for six hours or more, one of the following in accordance with any written instructions from the child’s parent: i.  A crib or a cradle. ii.  A cot. 6.  A cot for each child who is 18 months or older but younger than 30 months and who receives child care for six hours or more. 7.  Unless otherwise approved by a director, a cot for each child who receives child care for six hours or more and, i.  is 30 months or older but younger than six years old, or ii.  is 24 months or older but younger than five years and is in a licensed family age group. O. Reg. 137/15, s. 19 (2); O. Reg. 126/16, s. 16; O. Reg. 51/18, s. 11 (1-5); O. Reg. 254/19, s. 5. (3) Every licensee shall ensure that the play materials, equipment and furnishings in each child care centre it operates are maintained in a safe condition and kept in a good state of repair, and that there is adequate storage available for the play materials. O. Reg. 137/15, s. 19 (3); O. Reg. 51/18, s. 11 (6).
First or second storey
 20. Every licensee shall ensure that each room in each child care centre it operates that is for the use of licensed infant, toddler, preschool, kindergarten or family age groups is on or below the second storey, unless otherwise approved by a director. O. Reg. 174/21, s. 13.
Window glass
 21. (1) Section 10 of Regulation 262 of the Revised Regulations of Ontario, 1990 (General), made under the Day Nurseries Act, as it read on the day before that Act was repealed, applies to every licensee of a child care centre that was licensed for the first time under the Day Nurseries Act after December 31, 1983 and that has a program that runs for six hours or more each day. (2) Every licensee, other than a licensee to which subsection (1) applies, that has a program that runs for six hours or more each day shall ensure that the window glass area in each child care centre it operates complies with the requirements of Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992.
Artificial illumination
 22. Every licensee shall ensure that artificial illumination in each play activity room of each child care centre it operates is at the level of at least 55 dekalux.
Temperature
 23. Every licensee shall ensure that the temperature in each child care centre it operates is maintained at a level of at least 20 degrees Celsius.
Outdoor play space
 24. (1) Every licensee shall ensure that each child care centre it operates that has a program that runs for six hours or more in a day has an outdoor play space that is at least equivalent to 5.6 square metres for each child based on the licensed capacity, unless otherwise approved by a director. (2) Where the licensed capacity of a child care centre is greater than 64 children, the outdoor play space referred to in subsection (1) may be divided into two or more areas by a fence to allow all the children to use the play space at one time, if each fenced-in area is not used for more than 64 children at one time. (3) Every licensee shall ensure that the outdoor play space at each child care centre it operates, (a)  is at ground level and adjacent to the premises, unless otherwise approved by a director; (b)  if used by licensed infant, toddler, preschool or family age groups, is fenced to a minimum height of 1.2 metres and the fence is furnished with one or more gates that are securely closed at all times; (c)  if used by a licensed kindergarten group, is fenced to a minimum height of 1.2 metres and the fence is furnished with one or more gates that are securely closed at all times, unless otherwise approved by the director; and (d)  is designed so that the staff can maintain constant supervision of the children. O. Reg. 137/15, s. 24 (3); O. Reg. 126/16, s. 18 (1); O. Reg. 51/18, s. 13. (4) Every licensee shall ensure that, at each child care centre it operates, any outdoor play space, fixed play structure or surfacing under those structures that is constructed or renovated on or after August 29, 2016 meets the requirements set out in the Canadian Standards Association standard CAN/CSA-Z614-14, “Children’s playspaces and equipment”, as amended from time to time. O. Reg. 126/16, s. 18 (2). (5) Every licensee shall ensure that at each child care centre it operates, (a)  a playground safety policy is developed that reflects the Canadian Standards Association standard mentioned in subsection (4) and indicates the roles and responsibilities of employees regarding safety on playgrounds; (b)  daily, monthly and annual inspections of the outdoor play space, fixed play structures and surfacing are conducted in accordance with the requirements set out in the Canadian Standards Association standard mentioned in subsection (4); (c)  a plan is developed on how issues or problems identified in a playground inspection will be addressed; and (d)  a playground repair log is maintained. O. Reg. 126/16, s. 18 (2). Building, Equipment and Playground — Home Child Care
Building, Equipment and Playground — Home Child Care
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Compliance with health and safety standards
 25. Every person who applies for or holds a licence to operate a home child care agency under section 20 of the Act shall ensure that each premises the person oversees in which child care will be or is provided complies with clauses 13 (1) (a), (b), (c) and (d) of this Regulation. O. Reg. 174/21, s. 14.
Home child care visitor
 26. (1) Every licensee of a home child care agency shall ensure that before a premises is used as a premises where the licensee is to oversee the provision of home child care, the premises, including the outdoor play space, is inspected by a home child care visitor employed by the licensee to ensure compliance with the Act and this Regulation and, where the premises is so used, that further inspections are carried out without prior notice to the home child care provider, at least once in every quarter of each calendar year, and at such other times as the director may require. (2) The home child care visitor shall use any checklist provided by the director in performing an inspection of a home child care premises. (3) The licensee shall ensure that a record is made of each inspection conducted under subsection (1).
Play materials, equipment and furnishings
 27. (1) Every licensee shall ensure that each written agreement referred to in subsection 75 (1) sets out the responsibilities of the licensee and the home child care provider under this section with respect to equipment, play materials and furnishings. O. Reg. 254/19, s. 6. (2) Every licensee shall ensure that play materials in each premises where the licensee oversees the provision of home child care are, (a)  provided in numbers that are adequate to serve the number of children receiving child care at the premises; (b)  of sufficient variety to allow for rotation of the play materials in active use; (c)  available and accessible to the children throughout the day; (d)  of such type and design to allow the children to make choices and to encourage exploration, play and inquiry; and (e)  appropriate to support the learning and development of each child. (3) Every licensee shall ensure that the following equipment and furnishings are provided in each premises where the licensee oversees the provision of home child care: 1.  For each infant who receives home child care at the premises, a cradle, crib or playpen, and bedding. 2.  For each child 18 months old up to and including five years old who receives home child care at the premises for six hours or more, a cot or bed and bedding unless otherwise approved by a director. O. Reg. 137/15, s. 27 (3); O. Reg. 126/16, s. 19 (2); O. Reg. 51/18, s. 14 (1). (4) Every licensee shall ensure that the play materials, equipment and furnishings in each premises where the licensee oversees the provision of home child care are maintained in a safe condition and kept in a good state of repair. O. Reg. 137/15, s. 27 (4); O. Reg. 51/18, s. 14 (2).
Temperature
 28. Every licensee shall ensure that in each premises where the licensee oversees the provision of home child care, the temperature is maintained at a level of at least 20 degrees Celsius.
Balconies
 29. Every licensee shall ensure that in each premises where the licensee oversees the provision of home child care, no child who receives home child care at the premises is permitted to be on a balcony unless an adult is present on the balcony. O. Reg. 137/15, s. 29; O. Reg. 126/16, s. 20; O. Reg. 174/21, s. 15.
Outdoor play
 30. Every licensee shall ensure that outdoor play in each premises where the licensee oversees the provision of home child care is supervised in accordance with plans agreed upon by the home child care provider in that premises, a parent of each child receiving child care at the premises and a home child care visitor.
Bodies of water
 30.1 (1) Every licensee shall ensure that in each premises where the licensee oversees the provision of home child care, no child under six years old who receives home child care at the premises is permitted to use or have access to any standing or recreational body of water on the premises. O. Reg. 126/16, s. 21. (2) If a licensee that oversees the provision of home child care at a premises permits children who are six years old or older who receive home child care at the premises to use or have access to a standing or recreational body of water at the premises, the licensee shall, (a)  ensure that, at all times when the children use or have access to the body of water, a lifeguard is present who meets the requirements of clauses 17 (6) (a) and (b) of Regulation 565 of the Revised Regulations of Ontario, 1990 (Public Pools) made under the Health Protection and Promotion Act; and (b)  have written policies and procedures regarding children’s use of and access to the body of water. O. Reg. 126/16, s. 21.
Hazards
 31. Every licensee shall ensure that in respect of each premises where the licensee oversees the provision of home child care, (a)  all items that could cause harm to a child, such as poisonous and hazardous substances, are inaccessible to children; and (b)  all firearms and ammunition are locked up and the key, if any, is inaccessible to children. O. Reg. 137/15, s. 31; O. Reg. 174/21, s. 16. Health and Medical Supervision
Health and Medical Supervision
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Medical officer of health directions, inspections
 32. (1) Every licensee shall ensure that any direction of a medical officer of health with respect to any matter that may affect the health or well-being of a child receiving child care at a child care centre the licensee operates or a premises where the licensee oversees the provision of home child care is carried out by the staff of the child care centre or home child care agency or by the child care provider at a home child care premises. O. Reg. 174/21, s. 17. (2) Every licensee shall ensure that, where a report is made by the local medical officer of health or any person designated by the local medical officer of health or the local fire department with respect to a child care centre operated by the licensee or a premises where it oversees the provision of home child care, (a)  a copy of the report is kept on the premises of the child care centre or home child care agency; and (b)  if the report includes any direction or order, (i)  a copy of the direction or order is sent immediately to a program adviser, and (ii)  a program adviser is immediately notified of any enforcement action taken against the licensee in relation to the direction or order. O. Reg. 174/21, s. 17. (3) Every licensee shall ensure that in respect of each child care centre it operates and each premises where it oversees the provision of home child care, a record is kept of all inspections made by any person referred to in subsection (2) or by any inspector or program adviser. O. Reg. 254/19, s. 7. 33. Revoked: O. Reg. 174/21, s. 18.
First-aid
 34. Every licensee shall ensure that there is a first-aid kit and first-aid manual that is readily available for first-aid treatment in each child care centre it operates and in each premises where it oversees the provision of home child care.
Immunization
 35. (1) Every licensee shall ensure that before a child who is not in attendance at a school or private school, within the meaning of the Education Act, is admitted to a child care centre it operates or to a premises where it oversees the provision of home child care, and from time to time thereafter, the child is immunized as directed by the local medical officer of health. O. Reg. 137/15, s. 35 (1); O. Reg. 126/16, s. 24 (1); O. Reg. 254/19, s. 8 (1). (2) Subsection (1) does not apply where a parent of the child objects to the immunization on the ground that the immunization conflicts with the sincerely held convictions of the parent’s religion or conscience or a legally qualified medical practitioner gives medical reasons to the licensee as to why the child should not be immunized. O. Reg. 137/15, s. 35 (2); O. Reg. 126/16, s. 24 (2). (3) Objections and medical reasons under subsection (2) shall be submitted in a form approved by the Minister. O. Reg. 126/16, s. 24 (3). (4) Revoked: O. Reg. 254/19, s. 8 (2).
Child illness and accident
 36. (1) Every licensee shall ensure that a daily observation is made of each child receiving child care in each child care centre it operates and in each premises where it oversees the provision of home child care before the child begins to associate with other children in order to detect possible symptoms of ill health. (2) Every licensee shall ensure that where a child receiving child care at a child care centre it operates or at a premises where it oversees the provision of home child care appears to be ill, the child is separated from other children and the symptoms of the illness noted in the child’s records. (3) Where a child is separated from other children because of a suspected illness, the licensee shall ensure that, (a)  a parent of the child takes the child home; or (b)  where it is not possible for a parent of the child to take the child home or where it appears that the child requires immediate medical attention, the child is examined by a legally qualified medical practitioner or a nurse registered with the College of Nurses of Ontario. (4) Every licensee shall ensure that when a child receiving child care at a child care centre it operates or at a premises where it oversees the provision of home child care is injured, (a)  an accident report is made describing the circumstances of the injury and any first aid administered; and (b)  a copy of the report is provided to a parent of the child.
Daily written record
 37. (1) Every licensee of a child care centre or home child care agency shall ensure that a daily written record is maintained that includes a summary of any incident affecting the health, safety or well-being of, (a)  any child receiving child care at a child care centre operated by the licensee; (b)  any staff at a child care centre operated by the licensee; (c)  any child receiving child care at a premises where the licensee oversees the provision of home child care; or (d)  any person providing child care at a premises where the licensee oversees the provision of home child care. O. Reg. 137/15, s. 37 (1). (2) If an incident described in clause (1) (a) or (c) occurs, the licensee shall ensure that a parent of the child is notified unless a parent has already been notified of the incident pursuant to the requirements in section 36. O. Reg. 137/15, s. 37 (2); O. Reg. 174/21, s. 20.
Serious occurrences
 38. (1) Every licensee shall ensure that, (a)  there are written policies and procedures with respect to serious occurrences in each child care centre operated by the licensee and each premises where it oversees the provision of home child care, that address, at a minimum, how to identify, respond to and report a serious occurrence; (b)  a report is provided to a program adviser of any serious occurrence in any child care centre operated by the licensee or any premises where it oversees the provision of home child care within 24 hours of the licensee or supervisor becoming aware of the occurrence; (c)  a summary of the report provided under clause (b) and of any action taken as a result is posted for at least 10 business days in a conspicuous place at the child care centre or home child care premises; and (d)  the summary of the report is kept in accordance with section 82. O. Reg. 137/15, s. 38; O. Reg. 126/16, s. 25 (1, 2); O. Reg. 51/18, s. 16. (2) Revoked: O. Reg. 254/19, s. 9.
Anaphylactic policy
 39. (1) Every licensee shall ensure that each child care centre it operates and each premises where it oversees the provision of home child care has an anaphylactic policy that includes the following: 1.  A strategy to reduce the risk of exposure to anaphylactic causative agents, including rules for parents who send food with their child to the centre or premises. 2.  A communication plan for the dissemination of information on life-threatening allergies, including anaphylactic allergies. 3.  Development of an individualized plan for each child with an anaphylactic allergy who, i.  receives child care at a child care centre the licensee operates, or ii.  is enrolled with a home child care agency and receives child care at a premises where it oversees the provision of home child care. 4.  Training on procedures to be followed in the event of a child having an anaphylactic reaction. O. Reg. 137/15, s. 39 (1); O. Reg. 126/16, s. 26 (1, 2); O. Reg. 174/21, s. 21; O. Reg. 174/21, s. 1. (2) The individualized plan referred to in paragraph 3 of subsection (1) shall, (a)  be developed in consultation with a parent of the child and with any regulated health professional who is involved in the child’s health care and who, in the parent’s opinion, should be included in the consultation; and (b)  include a description of the procedures to be followed in the event of an allergic reaction or other medical emergency. O. Reg. 126/16, s. 26 (3). (3) In this section, “anaphylaxis” means a severe systemic allergic reaction which can be fatal, resulting in circulatory collapse or shock, and “anaphylactic” has a corresponding meaning. O. Reg. 137/15, s. 39 (3).
Children with medical needs
 39.1 (1) Every licensee shall develop an individualized plan for each child with medical needs who, (a)  receives child care at a child care centre it operates; or (b)  is enrolled with a home child care agency and receives child care at a premises where it oversees the provision of home child care. O. Reg. 126/16, s. 27; O. Reg. 174/21, s. 1. (2) The individualized plan shall be developed in consultation with a parent of the child and with any regulated health professional who is involved in the child’s health care and who, in the parent’s opinion, should be included in the consultation. O. Reg. 126/16, s. 27. (3) The plan shall include, (a)  steps to be followed to reduce the risk of the child being exposed to any causative agents or situations that may exacerbate a medical condition or cause an allergic reaction or other medical emergency; (b)  a description of any medical devices used by the child and any instructions related to its use; (c)  a description of the procedures to be followed in the event of an allergic reaction or other medical emergency; (d)  a description of the supports that will be made available to the child in the child care centre or premises where the licensee oversees the provision of home child care; and (e)  any additional procedures to be followed when a child with a medical condition is part of an evacuation or participating in an off-site field trip. O. Reg. 126/16, s. 27; O. Reg. 174/21, s. 1. (4) Despite subsection (1), a licensee is not required to develop an individualized plan under this section for a child with an anaphylactic allergy if the licensee has developed an individualized plan for the child under section 39 and the child is not otherwise a child with medical needs. O. Reg. 126/16, s. 27.
Dogs and cats
 41. Every licensee shall ensure that every dog, cat or ferret that is kept on the premises of a child care centre it operates or premises where it oversees the provision of home child care is inoculated against rabies. O. Reg. 137/15, s. 41; O. Reg. 174/21, s. 23. Nutrition
Nutrition
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Requirements re food and drink
 42. (1) Every licensee shall ensure that, (a)  each child under one year old who receives child care at a child care centre operated by the licensee or at a premises where it oversees the provision of home child care is fed in accordance with written instructions from a parent of the child; and (b)  where food or drink or both are supplied by a parent of a child receiving child care at a child care centre operated by the licensee or at a premises where it oversees the provision of home child care, the container for the food or drink is labelled with the child’s name. (c)  Revoked: O. Reg. 174/21, s. 24 (1). O. Reg. 137/15, s. 42 (1); O. Reg. 126/16, s. 28; O. Reg. 174/21, s. 24 (1). (2) Subject to section 44, every licensee shall ensure that each child one year old or older who receives child care at a child care centre it operates and or at a premises where it oversees the provision of home child care is given food and beverages in accordance with the following rules: 1.  Where the child is present at meal time, a meal must be supplied and provided by the licensee or provider, except in the case of a child who is 44 months or older. 2.  Between-meal snacks must be supplied and provided by the licensee or provider, except in the case of a child who is 44 months or older. 3.  Where a child receives child care for six hours or more, the licensee or provider shall ensure that the total food offered to the child includes, in addition to any meals provided, two snacks. 4.  Drinking water must be available at all times. 5.  All meals, snacks and beverages must meet the recommendations set out in the most recent and relevant food guide published by Health Canada. O. Reg. 137/15, s. 42 (2); O. Reg. 254/19, s. 11; O. Reg. 174/21, s. 24 (2-4); O. Reg. 325/23, s. 3. (3) Every licensee shall ensure that a child who receives in-home services at a premises overseen by the licensee shall be fed in accordance with written instructions from the child’s parent. O. Reg. 174/21, s. 24 (5).
Posting of menus and allergies
 43. (1) Every licensee of a child care centre shall post planned menus for the current and following week in a conspicuous place in each child care centre it operates with any substitutions noted on the posted menus. O. Reg. 137/15, s. 43 (1). (2) A menu referred to in subsection (1) shall be kept by the licensee for thirty days after the last day for which it is applicable. O. Reg. 137/15, s. 43 (2). (3) Every licensee of a child care centre shall ensure that, in each child care centre it operates, a list setting out the names of the children receiving child care in the child care centre who have allergies or food restrictions, and their respective allergens or restrictions, (a)  is posted in each cooking and serving area; (b)  is posted in each play area or play room; and (c)  is available and accessible in any other area in which children may be present. O. Reg. 51/18, s. 17. (4) Every licensee of a home child care agency shall ensure that each home child care provider in each premises where the licensee oversees the provision of home child care plans menus in consultation with a parent of the child and a home child care visitor and that the menu, and the meals and snacks that it provides, meet the requirements set out in the most recent and relevant food guide published by Health Canada. O. Reg. 174/21, s. 25.