jswizzle3737/ontario_laws_and_regs huggingface dataset:
Special arrangements
 44. Every licensee shall ensure that where special dietary and feeding arrangements have been made with the licensee with respect to 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, the arrangements are carried out in accordance with the written instructions of a parent of the child. Program for Children
Program for Children
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Parent handbook
 45. (1) Every licensee shall have a parent handbook for each child care centre or home child care agency it operates which shall include, (a)  information about, (i)  the services offered and the age categories served, (ii)  the times when the services are offered and the holidays observed, (iii)  the base fee and any non-base fees that may be charged, and whether or not the licensee is enrolled in the Canada-Wide Early Learning and Child Care System, (iii.1)  the admission and discharge policy, and (iv)  activities off the premises; (a.1)  information about the requirement regarding supervision of volunteers and students set out in subsection 11.1 (1) and about the policies and procedures required under subsection 11.1 (2); (a.1.1) a copy of the rules set out in the anaphylactic policy described in section 39 for parents who send food with their child to the centre or premises; (a.2)  a copy of the licensee’s policies and procedures required under section 45.1 regarding how parents’ issues and concerns will be addressed; (b)  a copy of the program statement described in section 46; (c)  a list of the prohibited practices set out in section 48; Note: On January 1, 2024, subsection 45 (1) of the Regulation is amended by adding the following clause: (See: O. Reg. 325/23, s. 4) (c.1)  a copy of the safe arrival and dismissal policy described in section 50; (d)  for a child care centre, a statement that the child care centre has emergency management policies and procedures described in section 68.1 and a statement regarding how parents will be notified if an emergency occurs; and (e)  a copy of the policies and procedures described in section 75.1. O. Reg. 137/15, s. 45 (1); O. Reg. 126/16, s. 30; O. Reg. 274/16, s. 3 (1-3); O. Reg. 174/21, s. 26; O. Reg. 236/22, s. 2 (1). (1.1) If a licensee was licensed in respect of the child care centre or home child care agency on or before the agreement date, subclause (1) (a) (iii) does not apply to the licensee until November 1, 2022 and instead the parent handbook must include information about the fee for services. O. Reg. 236/22, s. 2 (2); O. Reg. 469/22, s. 2. (2) The licensee shall ensure that the handbook is made available free of charge to, (a)  any parent considering whether to enter into an agreement with the licensee for the provision of child care; and (b)  a parent of every child 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 at the time the child starts receiving such care and at any time when the parent handbook is modified. O. Reg. 137/15, s. 45 (2); O. Reg. 274/16, s. 3 (4).
Parent issues and concerns
 45.1 Every licensee shall ensure that there are written policies and procedures that set out how parents’ issues and concerns will be addressed, including details regarding, (a)  the steps for parents to follow when they have an issue or concern to bring forward to the licensee; (b)  the steps to be followed by a licensee and its employees in responding to an issue or concern brought forward by a parent; and (c)  when an initial response to the issue or concern will be provided. O. Reg. 126/16, s. 31.
Program statement
 46. (1) Every licensee shall have a program statement that is consistent with the Minister’s policy statement on programming and pedagogy issued under subsection 55 (3) of the Act and shall review the program statement at least annually for this purpose.
 (2) The program statement shall reflect a view of children as being competent, capable, curious and rich in potential. O. Reg. 137/15, s. 46 (2); O. Reg. 126/16, s. 32 (1). (3) The program statement shall describe the goals that guide the licensee’s program for children at a child care centre it operates or at a home child care premises it oversees, and the approaches that will be implemented in the program to, (a)  promote the health, safety, nutrition and well-being of the children; (b)  support positive and responsive interactions among the children, parents, child care providers and staff; (c)  encourage the children to interact and communicate in a positive way and support their ability to self-regulate; (d)  foster the children’s exploration, play and inquiry; (e)  provide child-initiated and adult-supported experiences; (f)  plan for and create positive learning environments and experiences in which each child’s learning and development will be supported and which is inclusive of all children, including children with individualized plans; (g)  incorporate indoor and outdoor play, as well as active play, rest and quiet time, into the day, and give consideration to the individual needs of the children receiving child care; (h)  foster the engagement of and ongoing communication with parents about the program and their children; (i)  involve local community partners and allow those partners to support the children, their families and staff; (j)  support staff, home child care providers or others who interact with the children at a child care centre or home child care premises in relation to continuous professional learning; and (k)  document and review the impact of the strategies set out in clauses (a) to (j) on the children and their families. O. Reg. 137/15, s. 46 (3); O. Reg. 126/16, s. 32 (2-4); O. Reg. 254/19, s. 12. (4) Every licensee shall ensure that all new staff, home child care providers, students and  volunteers review the program statement prior to interacting with children and at any time when the program statement is modified. (5) Every licensee shall ensure that the approaches set out in its program statement are implemented in the operation of its program at each child care centre it operates and each premises where it oversees the provision of home child care.
Prohibited practices
 48. (1) No licensee shall permit, with respect to a child receiving child care at a child care centre it operates or at a premises where it oversees the provision of child care, (a)  corporal punishment of the child; (b)  physical restraint of the child, such as confining the child to a high chair, car seat, stroller or other device for the purposes of discipline or in lieu of supervision, unless the physical restraint is for the purpose of preventing a child from hurting himself, herself or someone else, and is used only as a last resort and only until the risk of injury is no longer imminent; (c)  locking the exits of the child care centre or home child care premises for the purpose of confining the child, or confining the child in an area or room without adult supervision, unless such confinement occurs during an emergency and is required as part of the licensee’s emergency management policies and procedures; (d)  use of harsh or degrading measures or threats or use of derogatory language directed at or used in the presence of a child that would humiliate, shame or frighten the child or undermine his or her self-respect, dignity or self-worth; (e)  depriving the child of basic needs including food, drink, shelter, sleep, toilet use, clothing or bedding; or (f)  inflicting any bodily harm on children including making children eat or drink against their will. O. Reg. 137/15, s. 48; O. Reg. 126/16, s. 34. (2) No employee or volunteer of the licensee, or student who is on an educational placement with the licensee, and no person who provides home child care or in-home services at a premises overseen by a home child care agency shall engage in any of the prohibited practices set out in subsection (1) with respect to a child receiving child care. O. Reg. 51/18, s. 19.
Policies and procedures re program for children
 49. Every licensee shall ensure that there are written policies and procedures that set out, (a)  the expectations for how child care providers and other staff, volunteers or students are to implement the approaches specified in the program statement required under subsection 46 (1); (b)  the prohibited practices set out in section 48; and (c)  the measures that the licensee will use to deal with contraventions of the policies and procedures and with the commission of a prohibited practice. O. Reg. 137/15, s. 49; O. Reg. 51/18, s. 20. 50. Revoked: O. Reg. 126/16, s. 35. Note: On January 1, 2024, the Regulation is amended by adding the following section: (See: O. Reg. 325/23, s. 5) Safe arrival and dismissal policy 50. Every licensee shall ensure that each child care centre it operates and each premises where it oversees the provision of home child care has a policy respecting the safe arrival and dismissal of children that, (a)  provides that a child may only be released from the child care centre or home child care premises, (i)  to individuals specified by a child’s parent, or (ii)  in accordance with written permission from a child’s parent to release the child from the program at a specified time without supervision; and (b)  sets out the steps that must be taken if, (i)  a child does not arrive as expected at the child care centre or home child care premises, or (ii)  a child is not picked up as expected from the child care centre or home child care premises. O. Reg. 325/23, s. 5. 51. Revoked: O. Reg. 126/16, s. 35.
Safe arrival and dismissal policy
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Individualized support plan
 52. (1) Every licensee shall ensure that an up-to-date individualized support plan is in place for each child with special needs who receives child care at a child care centre it operates or premises where it oversees the provision of home child care, and that the plan includes, (a)  a description of how the child care centre or the home child care provider will support the child to function and participate in a meaningful and purposeful manner while the child is in the care of the centre or provider; (b)  a description of any supports or aids, or adaptations or other modifications to the physical, social and learning environment that are necessary to achieve clause (a); and (c)  instructions relating to the child’s use of the supports or aids referred to in clause (b) or, if necessary, the child’s use of or interaction with the adapted or modified environment. (2) The plan referred to in subsection (1) must be developed in consultation with a parent of the child, the child (if appropriate for the child’s age) and any regulated health professional or other person who works with the child in a capacity that would allow the person to help inform the plan. (3) Revoked: O. Reg. 254/19, s. 14. Staff Qualifications
Staff Qualifications
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Supervisor
 53. A supervisor shall be a person who, (a)  is a member in good standing of the College of Early Childhood Educators, has at least two years of experience providing licensed child care and is approved by a director; or (b)  in the opinion of a director, is capable of planning and directing the program of a child care centre, being in charge of children and overseeing staff.
Qualified employees
 54. (1) The following are qualified employees for any licensed age group: 1.  An employee who is a member in good standing of the College of Early Childhood Educators. 2.  An employee who is otherwise approved by a director. O. Reg. 126/16, s. 36 (1). (2) With respect to a licensed junior school age group or a licensed primary/junior school age group that includes only children who are junior school age, the following are also qualified employees: 1.  An employee who has a diploma or degree in child and youth care. 2.  An employee who has a diploma or degree in recreation and leisure services. 3.  A member in good standing with the Ontario College of Teachers. O. Reg. 126/16, s. 36 (1). (3) Revoked: O. Reg. 51/18, s. 21.
Resource consultant
 55. A resource consultant shall be a person who, (a)  is a member in good standing of the College of Early Childhood Educators and has completed a post-secondary program of studies that is both theoretical and practical and that relates to the needs of children with special needs; or (b)  is otherwise approved by a director. O. Reg. 174/21, s. 28.
Home child care visitor
 56. A home child care visitor shall be a person who, (a)  is a member in good standing of the College of Early Childhood Educators, has at least two years of experience working with children under 13 years old and is approved by a director; or (b)  is in the opinion of a director capable of providing support and supervision at a home child care premises.
Health assessments and immunization of staff
 57. (1) Every licensee of a child care centre shall ensure that, before commencing employment, every person employed in a child care centre it operates and every volunteer or student who is on an educational placement with the licensee has a health assessment and immunization as directed by the local medical officer of health. O. Reg. 174/21, s. 29. (2) Every licensee of a home child care agency shall ensure that, before any child is provided with child care at a premises at which the licensee oversees the provision of home child care, every home child care provider providing care at the premises, every person who is ordinarily a resident of the premises or regularly at the premises and every volunteer or student who is on an educational placement at the premises has a health assessment and immunization as directed by the local medical officer of health. O. Reg. 174/21, s. 29. (3) Subsections (1) and (2) do not apply where the person objects to the immunization on the ground that the immunization conflicts with the sincerely held convictions of the person based on the person’s religion or conscience or a legally qualified medical practitioner gives medical reasons to the licensee as to why the person should not be immunized. O. Reg. 174/21, s. 29. (4) Objections and medical reasons under subsection (3) shall be submitted in a form approved by the Minister. O. Reg. 126/16, s. 37 (2). (5) Revoked: O. Reg. 254/19, s. 15 (3).
Staff training and development
 58. (1) Every licensee of a child care centre or home child care agency shall ensure that there are written policies and procedures with respect to staff training and development for employees in each child care centre it operates, for home child care visitors employed by the licensee and for each home child care provider at a premises at which the licensee oversees the provision of home child care. O. Reg. 137/15, s. 58 (1). (2) Every licensee of a child care centre or home child care agency shall ensure that the following persons have a valid certification in standard first aid, including infant and child CPR, issued by a training agency recognized by the Workplace Safety and Insurance Board: 1.  Every supervisor of a child care centre. 2.  Every employee of a child care centre who may be counted for the purposes of meeting the ratios required under section 8 or 8.1. 3.  Every provider of home child care. O. Reg. 126/16, s. 38; O. Reg. 174/21, s. 1. (3) A person is not required to have the certification mentioned in subsection (2) if the director is satisfied that the person would not be able to obtain the certification due to a disability. O. Reg. 126/16, s. 38 (1). (4) Despite paragraphs 2 and 3 of subsection (2), a licensee of a child care centre may employ a person who does not have a valid certification in standard first aid for up to three months if, (a)  the licensee requires the person to obtain the certification as soon as reasonably possible; (b)  the length of time required to obtain the certification justifies it; and (c)  at any time during which the person is supervising children, another person who is certified as required by subsection (2) is available and in such proximity to the children that the certified person would be able to respond to an emergency. O. Reg. 174/21, s. 30. Staff Screening Measures and Police Record Checks
Staff Screening Measures and Police Record Checks
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Interpretation
 59. (1) In sections 60 to 65, “offence declaration” means a written declaration signed by an individual that lists all of the individual’s convictions for offences under the Criminal Code (Canada), if any, during the period specified in the declaration. O. Reg. 137/15, s. 59 (1). (2) Any requirement set out in sections 60 to 65 to obtain a police record check, including a vulnerable sector check, shall be considered to be satisfied only if the police record check is, (a)  conducted by a police force; and Note: On the day section 212 of Schedule 1 to the Safer Ontario Act, 2018 comes into force, clause 59 (2) (a) of the Regulation is amended by striking out “a police force” and substituting “a police service”. (See: O. Reg. 452/18, s. 2 (2)) (b)  prepared no earlier than six months before the day it is obtained by the licensee. O. Reg. 137/15, s. 59 (2); O. Reg. 452/18, s. 2 (1, 3, 4); O. Reg. 174/21, s. 31.
Duty to obtain initial record check
 60. (1) Every licensee of a child care centre shall obtain a vulnerable sector check from, (a)  every employee, before the person begins their employment; and (b)  every volunteer or student who is on an educational placement with the licensee, before the person begins interacting with children at the child care centre. (2) The following rules regarding vulnerable sector checks apply to every licensee of a home child care agency: 1.  Before entering into an agreement with a home child care provider regarding the agency’s oversight of the provision of home child care at a premises operated by the provider, the licensee shall obtain a vulnerable sector check from, i.  the home child care provider, ii.  every person who is ordinarily a resident of the premises, and iii.  every person who is regularly at the premises. 2.  After an agreement described in paragraph 1 is in place with a home child care provider, the licensee shall obtain a vulnerable sector check from, i.  every person who intends to become ordinarily resident at the premises, before the person becomes a resident, and ii.  every person who intends to be regularly at the premises, before the person begins interacting with children receiving child care at the premises. 3.  The licensee shall also obtain vulnerable sector checks from, i.  every home child care visitor or any other staff at the home child care agency who may interact with children receiving child care at a home child care premises where the licensee oversees the provision of home child care, before they begin their employment, and ii.  every volunteer or student who is on an educational placement with the licensee, before the person begins interacting with the children. (3) For the purposes of fulfilling the requirement in clause (1) (b) or subparagraph 3 ii of subsection (2), a licensee may accept a copy of a vulnerable sector check instead of the original document, except that, (a)  if more than six months but less than five years have passed since the day the vulnerable sector check was performed, the volunteer or student must also provide an offence declaration that addresses the period since that day; and (b)  the licensee may not accept a copy of a vulnerable sector check if five or more years have passed since the day it was performed and in this case, the volunteer or student must provide a new vulnerable sector check or copy.
Exceptions
 61. (1) Despite sections 60 and 63, a licensee may permit a person who has not provided a vulnerable sector check to start their employment or volunteer position, or to start providing home child care or otherwise start interacting with children at a child care centre or home child care premises if, (a)  the licensee requires the person to apply to obtain a vulnerable sector check as soon as reasonably possible; (b)  the length of time required to obtain a vulnerable sector check justifies it; and (c)  the employer puts additional measures in place to protect children who interact with the person until the vulnerable sector check is obtained. O. Reg. 137/15, s. 61 (1); O. Reg. 633/20, s. 2. (2) Despite section 60, no person is required to provide or obtain a vulnerable sector check or offence declaration in respect of a person who is under 18 years old. O. Reg. 137/15, s. 61 (2). (3) If a person turns 18 years old while in a position where he or she interacts with children receiving child care at a child care centre operated by a licensee or home child care premises where the licensee oversees the provision of home child care, the licensee shall obtain from the person, within one month after the person turns 18 years old, a statement that discloses every previous finding of guilt of the person under the Youth Criminal Justice Act (Canada), if the person received an adult sentence. O. Reg. 137/15, s. 61 (3). (4) If a person turns 19 years old while in a position where he or she interacts with children receiving child care at a child care centre operated by a licensee or home child care premises where the licensee oversees the provision of home child care, the licensee shall require the person to apply to obtain a vulnerable sector check within one month after the person turns 19 years old. O. Reg. 137/15, s. 61 (4).
Other persons at child care centre
 61.1 (1) Every licensee of a child care centre shall obtain, in respect of any person who provides child care or other services to a child who receives child care at the child care centre, other than a person described in subsection 60 (1) or subsection (3) of this section, (a)  an offence declaration from the person; or (b)  an attestation from the person’s employer or from the person or entity who retained the person’s services that, (i)  the employer, person or entity has obtained and reviewed a vulnerable sector check from that person, (ii)  the vulnerable sector check was performed within the last five years, and (iii)  the vulnerable sector check did not list any convictions for any offences under the Criminal Code (Canada) listed in subparagraph 1 ii of subsection 9 (1) of the Child Care and Early Years Act, 2014. O. Reg. 126/16, s. 39; O. Reg. 174/21, s. 32 (1). (2) A licensee shall obtain the offence declaration or attestation described in subsection (1) in respect of a person, (a)  before the person begins interacting with children at the child care centre; and (b)  every year thereafter, no later than 15 days after the anniversary date of the most recent offence declaration or attestation, if the person continues to provide such child care or other services. O. Reg. 126/16, s. 39. (3) The requirement in subsection (1) does not apply in respect of the following individuals acting in the course of their profession: 1.  Police officers. 2.  Firefighters. 3.  Ambulance attendants, paramedics or other emergency personnel. 4.  Regulated health professionals. 5.  Individuals whose profession is regulated under the Social Work and Social Service Work Act, 1998. O. Reg. 174/21, s. 32 (2).
When new record check or offence declaration needed
 62. (1) Every licensee of a child care centre or home child care agency shall obtain, from each person from whom it has previously obtained a vulnerable sector check, (a)  a new vulnerable sector check, on or before every fifth anniversary after the date of the most recent vulnerable sector check; and (b)  a new offence declaration, in every calendar year except a year in which a vulnerable sector check is obtained. O. Reg. 137/15, s. 62 (1); O. Reg. 126/16, s. 40 (1). (2) Each offence declaration shall address the period since the most recent offence declaration or vulnerable sector check and must be obtained by the licensee no later than 15 days after the anniversary date of the most recent offence declaration or vulnerable sector check. O. Reg. 126/16, s. 40 (2). (3) Subsection (1) applies only if the person continues to be in a position where he or she interacts with children receiving child care at a child care centre or home child care premises. (4) Any person from whom a licensee is required to obtain a vulnerable sector check is required to provide the licensee with an offence declaration, as soon as reasonably possible, any time he or she is convicted of an offence under the Criminal Code (Canada).
Exception
 62.1 Despite subsection 61 (4), section 62 and subsection 63 (2), a licensee may permit a person who has not provided a vulnerable sector check as required under those provisions to continue their employment or volunteer position, or to continue providing home child care or otherwise interacting with children at a child care centre or home child care premises, if, (a)  the person has applied for a vulnerable sector check; and (b)  the employer puts additional measures in place to protect children who interact with the person until the vulnerable sector check is obtained. O. Reg. 633/20, s. 3; O. Reg. 174/21, s. 33.
Break in employment or other relationship
 63. (1) If a licensee’s relationship with a person in respect of whom it has previously obtained a vulnerable sector check terminates and then subsequently resumes, the licensee shall obtain a new vulnerable sector check or offence declaration as follows: 1.  If the relationship was terminated for six or more months, the licensee shall obtain a new vulnerable sector check from the person before the relationship resumes. 2.  If the relationship was terminated for less than six months and, but for the termination, the person would have provided a vulnerable sector check or offence declaration during the period of termination, the licensee shall obtain from the person such vulnerable sector check or offence declaration before the relationship resumes. O. Reg. 137/15, s. 63. (2) If a person in respect of whom a licensee has obtained a vulnerable sector check takes a leave of absence from their position and then subsequently returns to their position, and if the person would have provided a vulnerable sector check or offence declaration during the period of their leave, the licensee shall obtain a new vulnerable sector check or offence declaration upon the person’s return. O. Reg. 174/21, s. 34.
Exception, where conflict with other legislation
 64. Despite any requirement in sections 60 to 63 that a licensee obtain a vulnerable sector check, if any statute of Ontario or Canada prohibits the disclosure of information contained in a vulnerable sector check in respect of a person, the requirement in those sections may be met by obtaining another type of police record check within the meaning of the Police Record Checks Reform Act, 2015. O. Reg. 137/15, s. 64; O. Reg. 452/18, s. 3.
Policies and procedures re record checks
 65. Every licensee shall ensure that there are written policies and procedures that address, (a)  the process for obtaining a vulnerable sector check or attestation; (b)  the process for submitting an offence declaration; (c)  how the confidentiality of information contained in a vulnerable sector check, offence declaration or attestation will be protected; (d)  the way in which any information revealed in a vulnerable sector check, offence declaration or attestation may be considered and used; and (e)  the additional measures that will be put in place when a situation described in subsection 61 (1) occurs to protect the children who interact with the person until the vulnerable sector check is obtained, such as requiring the supervision of all interactions between the person and the children. O. Reg. 137/15, s. 65; O. Reg. 126/16, s. 41. 66. Revoked: O. Reg. 174/21, s. 35. Emergency Preparedness
Emergency Preparedness
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Emergency
 67. Every licensee shall ensure that each child care centre it operates and each premises where it oversees the provision of home child care is equipped with telephone service or an alternative means of obtaining emergency assistance. O. Reg. 137/15, s. 67; O. Reg. 174/21, s. 36.
Fire safety procedures and drills
 68. (1) Every licensee shall ensure that in respect of each child care centre it operates, (a)  a written procedure approved by the local fire chief is established with respect to the duties of each member of the staff of the child care centre in the event of a fire; (b)  each staff member is instructed as to his or her responsibilities in the event of a fire before commencing work for the first time; (c)  the written procedure referred to in clause (a) is posted in a conspicuous place in each room in the child care centre that is used for the care of children; (d)  fire drills are conducted in accordance with subsection (2); (e)  a written record is kept of all fire drills, all tests of the fire alarm system and all tests of fire protection equipment and that each record is kept for at least 12 months from the date of the drill or test; and (f)  there is a designated place of shelter in the event the child care centre must be evacuated due to an emergency. (2) For the purposes of clause (1) (d), the following rules apply: 1.  A fire drill shall be conducted in respect of every child care centre, except a child care centre described in paragraph 2, at least once a month in accordance with Ontario Regulation 213/07 (Fire Code) made under the Fire Protection and Prevention Act, 1997. 2.  A total evacuation fire drill shall be conducted in respect of every child care centre or part of every child care centre that is operated in a school and that provides services only to children who are pupils of a school board, including a third party program operated under section 259 or 259.1 of the Education Act, in accordance with Ontario Regulation 213/07, i.  at least three times during each fall and spring term the school is in operation, and ii.  at least three times or at least once a month, whichever is less, during the summer term the program is in operation. O. Reg. 137/15, s. 68 (2); O. Reg. 254/19, s. 16. (3) Every licensee shall ensure that a written procedure is established with respect to evacuation in the event of fire for each premises where the licensee oversees the provision of home child care.
Emergency management
 68.1 (1) In this section, “emergency” at a child care centre means an urgent or pressing situation in which immediate action is required to ensure the safety of children and adults in the child care centre. O. Reg. 126/16, s. 42. (2) Subject to subsection (3), every licensee shall ensure that each child care centre it operates has written policies and procedures regarding the management of emergencies that, (a)  set out the roles and responsibilities of staff in case of an emergency; (b)  require that additional support, including consideration of special medical needs, be provided in respect of any child or adult who needs it in case of an emergency; (c)  identify the location of a safe and appropriate off-site meeting place, in case of evacuation; (d)  set out the procedures that will be followed to ensure children’s safety and maintain appropriate levels of supervision; (e)  set out requirements regarding communications with parents; (f)  set out requirements regarding contacting appropriate local emergency response agencies; and (g)  address recovery from an emergency, including, (i)  requiring that staff, children and parents be debriefed after the emergency, (ii)  setting out how to resume normal operations of the child care centre, and (iii)  setting out how to support children and staff who may have experienced distress during the emergency. O. Reg. 126/16, s. 42. (3) Despite subsection (2), a licensee is not required to have emergency management policies and procedures described in that subsection if, (a)  the child care centre is located in a school, the licensee uses or adopts the school’s emergency management policies and procedures and those policies and procedures address the same matters as described in subsection (2); or (b)  the licensee is otherwise required to have a plan that addresses the same matters as described in subsection (2). O. Reg. 126/16, s. 42.
Emergency telephone numbers
 69. Every licensee shall ensure that, in each child care centre it operates and in each premises where the licensee oversees the provision of home child care, an up-to-date list of the contact information and telephone numbers of the following is accessible in the event of an emergency: 1.  The home child care agency, in the case of a premises where the licensee oversees the provision of home child care. 2.  If the child care centre or premises does not have access to a 9-1-1 call centre, the contact information and telephone numbers of the following: i.  Emergency services. ii.  The nearest poison control centre. O. Reg. 174/21, s. 37.
Contact information for parents
 70. Every licensee shall ensure that the following information is up to date and readily accessible in the event of an emergency to each staff member of each child care centre or home child care agency it operates and to each home child care provider at a premises where the licensee oversees the provision of home child care: 1.  The telephone numbers of a parent of each child receiving child care at the child care centre or home child care premises, and a telephone number of a person to be contacted if a parent cannot be reached. 2.  Any special medical or additional information provided by a parent of each child receiving child care at the child care centre or home child care premises that could be helpful in an emergency. O. Reg. 137/15, s. 70; O. Reg. 51/18, s. 23. Administrative Matters
Administrative Matters
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Insurance
 71. Every licensee shall ensure that an insurance policy with respect to each child care centre or home child care agency it operates is obtained and maintained in full force and effect that includes, (a)  comprehensive general liability coverage and personal injury coverage, including, where applicable, coverage for the employees of each child care centre, volunteers in each child care centre, employees of each home child care agency and each home child care provider at a premises where the licensee oversees the provision of home child care; and (b)  motor vehicle coverage for all vehicles owned by the licensee.
Release of information
 73. No licensee shall require as a condition of providing care for a child at a child care centre or with a home child care agency it operates a prior consent from a parent of the child to the release of information with respect to the child.
Records re home child care providers
 74. (1) Every licensee of a home child care agency shall ensure that a register that lists the addresses of each premises where it oversees the provision of home child care, the names and addresses of the children receiving child care in each premises and the name of the home child care provider in each premises is kept at the home child care agency. O. Reg. 137/15, s. 74; O. Reg. 174/21, s. 39 (1). (2) A licensee shall ensure that the register required under subsection (1) is up-to-date to within 1 business day of any change to the information that is required under subsection (1). O. Reg. 174/21, s. 39 (2).
Copies of agreements
 75. (1) Every licensee of a home child care agency shall enter into an agreement with each home child care provider at a premises where the licensee oversees the provision of home child care and shall keep a copy of each such agreement at the home child care agency. (2) Every licensee who agrees to operate a child care centre or home child care agency on behalf of a service system manager or First Nation shall ensure that a copy of the agreement with the service system manager or First Nation is kept at the child care centre or home child care agency.
Waiting lists
 75.1 (1) No licensee shall charge or collect a fee or deposit for the placement of a child on a waiting list for admission to a child care centre or home child care agency. O. Reg. 274/16, s. 4 (1). (2) Every licensee that establishes or maintains a waiting list described in subsection (1) shall develop written policies and procedures that, (a)  explain how the licensee determines the order in which children on the waiting list are offered admission; and (b)  provide that the waiting list will be made available in a manner that maintains the privacy and confidentiality of the children listed on it, but that allows the position of a child on the list to be ascertained by the affected persons or families. O. Reg. 274/16, s. 4 (2). 76. Revoked: O. Reg. 51/18, s. 25.
Statistical information
 77. Every licensee shall, in respect of each child care centre or home child care agency it operates, furnish to a director such statistical information as the director may require with respect to the operation of the child care centre or home child care agency. Canada-Wide Early Learning and Child Care System
Canada-Wide Early Learning and Child Care System
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Child care centre daily fees for full-day programs
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Child care centre daily fees for before and after school programs
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Home child care daily fees for full-day programs
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Home child care daily fees for before and after school programs
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Communication with parents, employees and home child care providers
 77.2 (1) A licensee who was licensed on or before the agreement date shall ensure that a parent of every eligible child enrolled at a child care centre it operates or at a home child care premises that it oversees is provided notice in writing before November 1, 2022 as to, (a)  whether or not the licensee will apply for enrolment in the Canada-Wide Early Learning and Child Care System in respect of the child care centre or home child care agency in the 2022 calendar year; (b)  the anticipated date of application; and (c)  the parent’s rights under subsection (3) if the licensee will not be applying for enrolment. O. Reg. 236/22, s. 3; O. Reg. 469/22, s. 4 (1, 2). (2) The licensee shall ensure that every parent described in subsection (1) is provided notice of the results of the licensee’s application within 14 days of the licensee being notified in writing of the results, and that the notice includes information about, (a)  the credits or refunds required under section 77.4, if the licensee has been successful in its application for enrolment; or (b)  the parent’s rights under subsection (3), if the licensee has not been successful in its application for enrolment. O. Reg. 236/22, s. 3; O. Reg. 469/22, s. 4 (3). (3) If a parent is notified pursuant to subsection (1) that a licensee will not be applying for enrolment, or pursuant to clause (2) (b) that a licensee has not been successful in its application, the parent may withdraw their child from the child care centre or the home child care, without penalty, as long as, (a)  the parent gives the licensee or, in the case of home child care, the home child care provider, 30 days’ notice of the withdrawal; and (b)  the parent gives the notice referred to in clause (a) within 30 days after being notified that the licensee will not be applying for enrolment or that the licensee has not been successful in its application. O. Reg. 236/22, s. 3. (4) Clause (3) (a) applies despite any agreement between the licensee or home child care provider and the parent, unless the agreement authorizes the parent to give the licensee less than 30 days’ notice of the withdrawal of their child. O. Reg. 236/22, s. 3. (5) A licensee who was licensed on or before the agreement date shall ensure that every employee of a child care centre or home child care agency it operates and every home child care provider in each premises where the licensee oversees the provision of home child care is provided notice in writing of, (a)  the matters described in clauses (1) (a) and (b) before November 1, 2022; and (b)  the results of the licensee’s application within 14 days of the licensee being notified in writing of the results. O. Reg. 236/22, s. 3; O. Reg. 469/22, s. 4 (4).
Role of service system manager
 77.5 (1) Every service system manager shall administer the Canada-Wide Early Learning and Child Care System in a manner consistent with any direction provided by the Minister. O. Reg. 236/22, s. 3. (2) Without limiting the generality of subsection (1), every service system manager shall process applications for enrolment in the Canada-Wide Early Learning and Child Care System from both for-profit and not-for-profit licensees in a manner consistent with any direction provided by the Minister. O. Reg. 236/22, s. 3.
Exception
 77.6 Sections 13.1 and 77.1 to 77.5 do not apply to licensees providing child care on a First Nation reserve, in recognition of federal funding provided under the Indigenous Early Learning and Child Care Framework. O. Reg. 236/22, s. 3; O. Reg. 565/22, s. 4. PART IIi   aDMINISTRATIVE PENALTIES
PART III ADMINISTRATIVE PENALTIES
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Application for review of notice of administrative penalty
 79. An application to a designated senior employee under subsection 39 (7) of the Act for review of a notice of administrative penalty shall set out the grounds on which the review is sought and shall be accompanied by the documentary evidence, if any, that is relevant to the review.
Designated senior employee
 80. (1) The position of a corporate director is prescribed for the purposes of the definition of “designated senior employee” in subsection 2 (1) of the Act. (2) For greater certainty, a director as defined in subsection 2 (1) of the Act is not a corporate director. PART IV   mISCELLANEOUS
Fee for licence
 81. (1) The fees payable in respect of an application for a licence to operate a child care centre shall be determined by reference to the maximum number of children for whom child care may be provided at the child care centre, as set out in Column 1 of the Table to this subsection, and are as follows: 1.  For an application for a new licence, the fee is the amount set out in Column 2 of the Table. 2.  For an application for a renewal of a licence, which may include revisions to the licence, the fee is the amount set out in Column 3 of the Table. 3.  For an application for a revised licence at any time other than upon renewal, the fee is, i.  $25, or ii.  if in the opinion of the program adviser, the revision requires him or her to visit the child care centre, the amount set out in Column 4 of the Table. Table Item   Column 1   Maximum number of children   Column 2   Fee for a new licence, in dollars   Column 3   Fee for renewal of a licence, in dollars   Column 4   Revision fee, in dollars 

  1.   0-24   200   100   50 

  2.   25-49   250   120   65 

  3.   50-74   300   140   75 

  4.   75-99   350   170   90 

  5.   100-124   400   200   100 

  6.   125 or more   450   230   115 O. Reg. 126/16, s. 45. (2) The fees payable in respect of an application for a licence to operate a home child care agency shall be determined by reference to the number of premises where the agency oversees the provision of home child care, as set out in Column 1 of the Table to this subsection, and are as follows: 1.  For an application for a new licence, the fee is the amount set out in Column 2 of the Table. 2.  For an application for a renewal of a licence, which may include revisions to the licence, the fee is the amount set out in Column 3 of the Table. 3.  For an application for a revised licence at any time other than upon renewal, the fee is, i.  $25, or ii.  if in the opinion of the program adviser, the revision requires him or her to visit the home child care agency, the amount set out in Column 4 of the Table. Table Item   Column 1   Number of premises   Column 2   Fee for a new licence, in dollars   Column 3   Fee for renewal of a licence, in dollars   Column 4   Revision fee, in dollars 

  1.   0-25   200   100   50 

  2.   26-50   250   120   65 

  3.   51-75   300   140   75 

  4.   76-100   350   170   90 

  5.   101-125   400   200   100 

  6.   126- or more   450   230   115 O. Reg. 126/16, s. 45. (3) If a licensee does not apply to renew a licence and submit the renewal fee before its expiry, the fees applicable to a new licence shall apply. O. Reg. 126/16, s. 45.
Record retention
 82. (1) Where a licensee is required under this Regulation to make or keep a record, report or other document, it shall keep the record, report or other document in a secure location for at least three years from the date it is made, unless otherwise specified, and shall ensure that the record, report or document is made available for inspection by an inspector or program adviser at all times. O. Reg. 137/15, s. 82; O. Reg. 174/21, s. 40 (1). (2) Unless otherwise specified in this Regulation, any record, report or other document required under this Regulation, or any other regulation made under the Act, may be made or kept in either a hard copy or electronic format. O. Reg. 174/21, s. 40 (2).
Prescribed manner of disclosure of no licence
 83. (1) A disclosure required under subsection 12 (1) of the Act by a person who does not hold a licence shall be made in writing and shall include the sentence “This child care program is not licensed by the Government of Ontario”. (2) For the purposes of subsection 12 (2) of the Act, the person making the written disclosure referred to in subsection (1) shall keep a record of the written disclosure.
Signage
 84. (1) For the purposes of subsections 14 (1) and (2) of the Act, the signage that shall be posted is signage provided by the Minister that identifies that the premises is licensed. (2) Subsection 14 (2) of the Act does not apply with respect to premises where in-home services are provided if only in-home services, and no other licensed child care, is provided at the premises.
Return of signage
 85. (1) A licence or signage that was provided to a person for the purposes of the Act shall be returned, as required under subsection 14 (6) of the Act, in the circumstances set out in this section. (2) A licensee shall return the licence and signage within 30 days after the day, (a)  the licensee’s licence expires and is not renewed; (b)  the licensee’s licence is revoked; or (c)  the licensee voluntarily ceases operating the child care centre or agency in respect of which the licence was issued. (3) A home child care provider shall return signage to the home child care agency within 30 days after the day the provider’s agreement with the home child care agency expires or otherwise terminates.
Publication of information
 85.1 For the purposes of paragraph 3 of subsection 19 (2) of the Act, the following is prescribed as information the Minister may publish on a government website. 1.  Information compiled in connection with a licensing inspection. 2.  Information about verified complaints filed in respect of unlicensed child care providers. O. Reg. 126/16, s. 46.
Term of licence
 85.2 For the purposes of clause 22 (1) (a) of the Act, a director may issue or renew a licence for a maximum period of two years. O. Reg. 126/16, s. 46.
Provisional licences
 86. (1) For the purposes of subclause 24 (1) (a) (iii) of the Act, the period within which non-compliance must be remedied, in the director’s opinion, is one year. O. Reg. 126/16, s. 47. (2) For greater certainty, the director had the authority to issue provisional licences under subsection 24 (1) of the Act before the day subsection (1) came into force. O. Reg. 126/16, s. 47. (3) For the purposes of subsection 24 (4) of the Act, the maximum term of a provisional licence is one year. O. Reg. 126/16, s. 47. (4) For the purposes of subsection 24 (5) of the Act, the maximum term for which a provisional licence may be renewed is one year. O. Reg. 126/16, s. 47.
Police record check
 87. For the purposes of subsection 35 (3) of the Act, a police record check, (a)  must have been prepared no earlier than six months before the day it is provided to the director or inspector; and (b)  where the person will interact with children, must be a vulnerable sector check that is, (i)  conducted by a police force, and Note: On the day section 212 of Schedule 1 to the Safer Ontario Act, 2018 comes into force, subclause 87 (b) (i) of the Regulation is amended by striking out “a police force” and substituting “a police service”. (See: O. Reg. 452/18, s. 5 (3)) (ii)  prepared no earlier than six months before the day it is provided to the director or inspector. O. Reg. 137/15, s. 87; O. Reg. 452/18, s. 5 (1, 2).