Application to Canada-Wide Early Learning and Child Care System
 77.3 (1) A licensee who wishes to enrol in the Canada-Wide Early Learning and Child Care System shall apply to the local service system manager for enrolment in accordance with the process established by the local service system manager and shall provide any documents requested by the local service system manager. O. Reg. 236/22, s. 3. (2) The local service system manager shall enrol an applicant in the Canada-Wide Early Learning and Child Care System unless, (a)  there are reasons to believe that the child care centre or home child care agency is not financially viable or will not be operated in a manner that will be financially viable; (b)  there is reason to believe that the licensee will use the funding for improper purposes or; (c)  if the application for enrolment is submitted on or after January 1, 2023, the operation of the child care centre or home child care agency in the service area is inconsistent with the service system manager’s child care and early years programs and services plan with respect to, (i)  the demand for child care, and (ii)  the capacity and locations of existing child care centres and premises where home child care is provided. O. Reg. 236/22, s. 3; O. Reg. 565/22, s. 3. (3) A licensee that is enrolled shall comply with the terms of any agreement that it enters into with the local service system manager in relation to the Canada-Wide Early Learning and Child Care System, including terms regarding the use of the funding and wage requirements. O. Reg. 236/22, s. 3. (4) A licensee shall keep a copy of any agreement referred to in subsection (3) at the child care centre or home child care agency, as the case may be. O. Reg. 236/22, s. 3. (5) In the event of a conflict between this Regulation and the terms of an agreement referred to in subsection (3), this Regulation prevails. O. Reg. 236/22, s. 3. (6) For greater certainty, if a licensee that is a corporation transfers shares of the corporation that would be sufficient to allow the person acquiring the shares to make a change to the corporation’s board of directors, the licensee remains enrolled and subject to the agreement referred to in subsection (3). O. Reg. 236/22, s. 3. (7) For greater certainty, if a licensee sells substantially all of its assets, subsection 77.1 (3) applies to the purchaser, and if the purchaser wishes to enrol in the Canada-Wide Early Learning and Child Care System, it shall apply for enrolment in accordance with this section. O. Reg. 236/22, s. 3. Base fee for licensees enrolled in the Canada-Wide Early Learning and Child Care System 77.4 (1) The following base fees apply to a licensee that is enrolled in the Canada-Wide Early Learning and Child Care System in respect of an eligible child enrolled at a child care centre it operates or at a home child care premises that it oversees: 1. If the cap on fees established under subsection 77.1 (2) or (3) is more than $11.99 per day, the base fee is the greater of, i.  $12 per day, and ii.  the amount of the cap, less 25 per cent. 2.  If the cap on fees established under subsection 77.1 (2) or (3) is less than $12 per day, the base fee is equal to the cap. O. Reg. 236/22, s. 3; O. Reg. 542/22, s. 2 (1). (1.1) Despite subsection (1), on and after December 31, 2022, the following base fees apply to a licensee that is enrolled in the Canada-Wide Early Learning and Child Care System in respect of an eligible child enrolled at a child care centre it operates or at a home child care premises that it oversees: 1.  If the base fee determined under subsection 77.4 (1) is more than $11.99 per day, the base fee for the purposes of this subsection is the greater of, i.  $12 per day, and ii.  the amount of the base fee determined under subsection 77.4 (1), less 37 per cent. 2.  If the base fee determined under subsection 77.4 (1) is less than $12 per day, the base fee for the purposes of this subsection is the same as the base fee determined under that subsection. O. Reg. 542/22, s. 2 (2). (2) A base fee that is different from the base fee determined in accordance with subsection (1) or (1.1) may be charged in respect of an eligible child if the Minister has authorized the local service system to enter into an agreement with the licensee to permit the different base fee. O. Reg. 236/22, s. 3; O. Reg. 542/22, s. 2 (3). (3) A local service system manager that receives an application under subsection 77.3 (1) on or before December 31, 2022 shall specify an enrolment date that is, (a)  April 1, 2022 if the licensee was licensed as of April 1, 2022; or (b)  the date the licensee’s licence was issued, in any other case. O. Reg. 236/22, s. 3; O. Reg. 469/22, s. 5 (1). (4) If a base fee higher than the base fee determined under subsection (1), (1.1) or (2) is charged in respect of an eligible child, the licensee shall ensure that a credit or refund is issued of the difference for, (a)  child care provided during the period starting on the licensee’s enrolment date and ending on the 20th day after the licensee is notified by a service system manager of the enrolment date; and (b)  any period of time after the 20th day referred to in clause (a) for which base fees for child care to be provided have been prepaid. O. Reg. 236/22, s. 3; O. Reg. 469/22, s. 5 (2, 3); O. Reg. 542/22, s. 2 (4). (5) Any credit or refund required under subsection (4) shall be given within 20 days after the day the licensee is notified by a local service system manager of the enrolment date. O. Reg. 469/22, s. 5 (4). (5.1) If a child in respect of whom a credit was provided under this section ceases to receive child care at a child care centre the licensee operates or at a home child care premises that it oversees, the licensee shall ensure that a refund is provided of any remaining amount within 20 days after the day the child ceases to receive care. O. Reg. 469/22, s. 5 (4). (6) On and after the 21st day after the licensee is notified by a service system manager of the enrolment date, the licensee shall ensure that a base fee that is higher than the applicable base fee is not charged. O. Reg. 236/22, s. 3; O. Reg. 469/22, s. 5 (5).