Ratios and maximum group sizes, child care centre
 8. (1) Every licensee shall ensure that in each child care centre it operates, (a)  the children are placed in groups according to the age categories set out in Schedule 1; (b)  every licensed age group includes only children whose age falls within the age category of the group, subject to subsection (2); (c)  for every licensed age group, the requirements set out in Schedule 1 that are applicable for the age group respecting, (i)  the ratio of employees to children, (ii)  the maximum number of children in the group, and (iii)  the proportion of employees that must be qualified employees, are satisfied, whether children are on the premises or during activities off the premises, unless otherwise approved by a director. O. Reg. 126/16, s. 9 (3); O. Reg. 51/18, s. 7 (1, 2); O. Reg. 174/21, s. 6. (1.1) Revoked: O. Reg. 51/18, s. 7 (3). (2) A director may give approval for a child care centre to use mixed-age grouping for any licensed age group set out in Schedule 1. O. Reg. 126/16, s. 9 (3); O. Reg. 51/18, s. 7 (4). (3) Despite clause (1) (c), where a director has approved the use of mixed-age grouping for a licensed age group, the requirements applicable to the group in the following situations respecting the matters mentioned in subclauses (1) (c) (i), (ii) and (iii) shall be determined as follows: 1.  If a licensed toddler or preschool group, i.  includes no more than 20 per cent children from a younger age category, the requirements set out in Schedule 1 for toddlers or preschool children apply, and ii.  includes more than 20 per cent children from a younger age category, the requirements set out in Schedule 1 for the youngest child in the group apply. 2.  Revoked: O. Reg. 51/18, s. 7 (6). 3.  If, in a licensed kindergarten group, no more than 25 per cent of the children are three years old, or if the child care is provided on or after the first day of school in a calendar year, will attain the age of three in that year, and all other children are kindergarten children, then the requirements set out in Schedule 1 for kindergarten children apply. 4.  If, in a licensed primary/junior school age group, no more than 25 per cent of the children are kindergarten children, and all other children are primary/junior school age children, the requirements set out in Schedule 1 for primary/junior school age children apply. 5.  If, in a licensed junior school age group, no more than 25 per cent of the children are 68 months or older but younger than nine years, and all other children are junior school age children, the requirements set out in Schedule 1 for junior school age children apply. 6.  If a licensed kindergarten, primary/junior school age or junior school age group includes more than 25 per cent children from a younger age category, the requirements set out in Schedule 1 for the youngest child in the group apply. O. Reg. 126/16, s. 9 (3); O. Reg. 51/18, s. 7 (5-7). (4) Despite subsections (1) and (3), the ratio of employees to children for a licensed age group may be reduced to less than that required under those subsections, in accordance with the following: 1.  The reduced ratio shall not be less than two-thirds of the required ratio. 2.  Subject to paragraphs 4 and 5, the reduced ratio may be in effect only during the periods of arrival and departure of children and during the rest period. 3.  For the purposes of paragraph 2, the periods of arrival and departure are, i.  for a child care centre that has a program that runs for six hours or more in a day, the 90-minute period after the program starts each day and the 60-minute period before the program ends each day; and ii.  for a child care centre that has a program that runs for less than six hours a day, the 30-minute period after the program starts each day and the 30-minute period before the program ends each day. 4.  The reduced ratio shall not apply at any time in respect of a licensed infant group. 5.  The reduced ratio shall not apply during outdoor play periods. O. Reg. 274/16, s. 2; O. Reg. 51/18, s. 7 (8). (5) The rules respecting when a supervisor of a child care centre may be counted for the purposes of meeting the ratios required under this section are as follows: 1.  If fewer than five full-time employees are required to meet the ratios, the supervisor may be counted as a full-time employee. 2.  If five or six full-time employees are required to meet the ratios, a full-time supervisor may be counted as a full-time employee for up to half the time a full-time employee is required to be on staff. 3.  If seven or more full-time employees are required to meet the ratios, the supervisor shall not be counted as an employee. O. Reg. 135/15, s. 8 (5). (6) Every licensee shall ensure that, at each child care centre it operates, the following rules are satisfied regarding the attendance of adults: 1.  Where fewer than six children who are not in a licensed infant group receive child care, there is at least one adult in attendance. 2.  Where six or more children who are not in a licensed infant group receive child care, there are at least two adults in attendance. 3.  Where fewer than four children in a licensed infant group receive child care, there is at least one adult in attendance. 4.  Where four or more children in a licensed infant group receive child care, there are at least two adults in attendance. O. Reg. 126/16, s. 9 (4); O. Reg. 51/18, s. 7 (9). (7) This section does not apply in respect of children in licensed family age groups. O. Reg. 126/16, s. 9 (4).