jswizzle3737/ontario_laws_and_regs huggingface dataset:
62. (1) Every operator of a day nursery shall ensure that, before commencing employment, each person employed in each day nursery operated by the operator has a health assessment and immunization as recommended by the local medical officer of health.  R.R.O. 1990, Reg. 262, s. 62 (1). (2) Subsection (1) does not apply where the person objects in writing 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 in writing to the operator as to why the person should not be immunized.  R.R.O. 1990, Reg. 262, s. 62 (2). (3) Every operator of a private-home day care agency shall ensure that, before any child being provided with private-home day care, each person in charge of a location where private-home day care is provided by the operator and each person ordinarily resident on the location or regularly on the premises has a health assessment and immunization as recommended by the local medical officer of health.  R.R.O. 1990, Reg. 262, s. 62 (3). (4) Subsection (3) does not apply where the person, or where the person is a child, a parent of the person, objects in writing to the immunization on the ground that the immunization conflicts with the sincerely held convictions of the person or parent based on the person’s or parent’s religion or conscience or a legally qualified medical practitioner gives medical reasons in writing to the operator as to why the person should not be immunized.  R.R.O. 1990, Reg. 262, s. 62 (4). Staff Training and Development
63. Every operator of a day nursery for handicapped children or a private-home day care agency shall ensure that there are written policies and procedures with respect to staff training and development for employees in each day nursery operated by the operator, private-home day care visitors employed by the operator and each person in charge of a location where private-home day care is provided by the operator.  R.R.O. 1990, Reg. 262, s. 63. Financial Records and Returns
64. (1) Every operator, except an approved corporation, shall keep financial records for each day nursery or private-home day care agency operated by the operator and shall retain such financial records for at least six years from the time of their making.  R.R.O. 1990, Reg. 262, s. 64 (1). (2) The financial records referred to in subsection (1) shall show at least the, (a) assets; (b) liabilities; (c) income; (d) expenses; and (e) accumulated surplus and deficit, of the day nursery or private-home day care agency, as the case may be.  R.R.O. 1990, Reg. 262, s. 64 (2).
65. (1) Every approved corporation shall keep separate books of account for each day nursery maintained and operated by it and shall retain these books of account for at least six years from the date of the last entry in a book for a particular year.  R.R.O. 1990, Reg. 262, s. 65 (1). (2) The books of account referred to in subsection (1) shall, (a) set forth the revenue and expenditures of the approved corporation; (b) contain a record of money received by the approved corporation from sources other than under the Act and this Regulation; and (c) be audited annually by a licensed public accountant who is not a member of the board of the approved corporation.  R.R.O. 1990, Reg. 262, s. 65 (2). (3) Every approved corporation shall furnish to a Director for each day nursery maintained and operated by it, (a) not later than the last day of the fourth month following the end of each fiscal year, a financial statement of each day nursery for the immediately preceding fiscal year, including a calculation of operating subsidy based upon and reconciled with operating surplus or deficit, as the case may be, and the operating subsidy shall be compared with the subsidy paid by Ontario during the year and a calculation made of the balance owing by or repayable to Ontario; and (b) not later than the last day of the fourth month following the end of each fiscal year, a report of a licensed public accountant stating whether, in the accountant’s opinion, (i) the accountant has received all the information and explanations that the accountant has required, (ii) the financial statement is in accordance with the books and records of the day nursery, (iii) the calculation of the payment of provincial aid is in accordance with this Regulation, and (iv) the financial statement has been prepared in accordance with generally accepted accounting principles applied on a basis consistent with that of the preceding year; and (c) such other financial and statistical information as the Minister may require.  R.R.O. 1990, Reg. 262, s. 65 (3). (4) The fiscal year of an approved corporation is the period designated by the Minister as the fiscal year of the approved corporation.  R.R.O. 1990, Reg. 262, s. 65 (4).
66. Every operator shall, in respect of each day nursery or private-home day care agency operated by the operator, furnish to a Director such statistical information as the Director may require with respect to the operation of the day nursery or private-home day care agency.  R.R.O. 1990, Reg. 262, s. 66. Prescribed Services
66.1 (1) Revoked:  O. Reg. 501/00, s. 2. (2) The following services are prescribed as services respecting the provision of which the Minister may enter into agreements with delivery agents for the purposes of subsection 7.2 (1) of the Act: 1. The provision of in-home services with respect to which a delivery agent enters into an agreement under subsection 5 (1) of the Act. 2. The provision of in-home services under an agreement with the Minister. 3. The provision of resource centres that provide information, public education, consultation, supports and services to individuals, including parents, with respect to the care they give to children. 4. With respect to the special needs of handicapped children, the provision of staff, equipment, supplies or services, i. in a place where private-home day care is provided, ii. in a place where a children’s recreation program is provided in accordance with the prescribed service mentioned in paragraph 8, or iii. in a day nursery. 5. The provision of day nursery services by a day nursery. 6. The provision of private-home day care by a private-home day care agency. 7. The provision of funding to participants in employment assistance activities under the Ontario Works Act, 1997 for the care of a child less than 12 years of age or of a handicapped child less than 18 years of age, where the child care is provided to enable the participants to so participate. 8. The provision of children’s recreation programs for children who are at least six years of age but less than 13 years of age, or for handicapped children who are at least six years of age but less than 18 years of age that provide supervision for children and may include activities such as sport, recreation, fitness, arts and culture activities, youth leadership, camping and outdoor education.  O. Reg. 231/98, s. 3; O. Reg. 534/00, s. 2. Income Test
66.2 (1) The following persons are eligible, as parents, for assistance with the cost of child care: 1. Persons eligible for income support under the Ontario Disability Support Program Act, 1997. 2. Persons eligible for an allowance under the Family Benefits Act. 3. Persons eligible for income assistance under the Ontario Works Act, 1997 who are employed or participating in employment assistance activities under that Act or both. 4. Persons who are eligible for assistance on the basis of their adjusted income.  O. Reg. 505/06, s. 13. (2) A parent who falls into paragraph 1, 2 or 3 of subsection (1) who is the recipient of a child care subsidy, (a) shall, subject to clause (b), be fully subsidized for the cost of child care; or (b) shall be provided with the amount of funding for child care provided under paragraph 7 of subsection 66.1 (2), if the parent is being provided with funding under that provision.  O. Reg. 505/06, s. 13. (3) A parent is eligible for assistance under paragraph 4 of subsection (1) if the amount that the parent would pay for child care on the basis of their adjusted income, as determined under section 66.4, is less than the amount the parent would otherwise pay for child care.  O. Reg. 505/06, s. 13.
66.3 (1) Every year parents may apply to a delivery agent for assistance with the cost of child care.  O. Reg. 505/06, s. 13. (2) Subject to subsection (3), parents applying for assistance with the cost of child care on the basis of their adjusted income shall file with the delivery agent, (a) a copy of their Notice of Assessment or Canada Child Tax Benefit Notice for the previous year; or (b) if their Notice of Assessment or Canada Child Tax Benefit Notice for the previous year is not available, a copy of their most recent available Notice of Assessment or Canada Child Tax Benefit Notice.  O. Reg. 505/06, s. 13. (3) Parents who are applying for assistance with the cost child care on the basis of their adjusted income that were non-residents in Canada in the previous year are not required to file the documents referred to in subsection (2) and their adjusted income is deemed to be $0 for the purpose of their application for assistance.  O. Reg. 505/06, s. 13.
66.4 (1) The amount of the child care subsidy for which a parent is eligible on the basis of their adjusted income is the amount by which the amount that the parent would otherwise pay for child care exceeds the amount the parent would pay as calculated under subsection (2) or (3).  O. Reg. 505/06, s. 13. (2) A parent shall not pay any of the cost of child care for their children, if the parent is the recipient of a child care subsidy and, (a) has a total adjusted income of $20,000 or less; or (b) the amount the parent would contribute on the basis of their adjusted income for each month of child care, as calculated under subsection (3), is less than $10.  O. Reg. 505/06, s. 13. (3) If a parent is the recipient of a child care subsidy and has a total adjusted income of more than $20,000, the parent shall pay, for each month the child is in care, the amount for the cost of child care for their children determined by the following calculation: ((A × .10) + (B × .30)) ÷ 12 where, A is the amount by which their adjusted income exceeds $20,000 but is not more than $40,000, and B is the amount by which their adjusted income exceeds $40,000. O. Reg. 505/06, s. 13. (4) Delivery agents shall calculate the daily amount paid for child care by parents who fall within subsection (3) in accordance with the following calculation: A ÷ (B × 4.35) where, A is the monthly amount paid by the parent for child care determined under subsection (3), and B is the number of days per week the child attends child care. O. Reg. 505/06, s. 13.
66.5 (1) Despite the definition of adjusted income in section 1, if a parent of a child has a disability or the child is a handicapped child, the delivery agent shall reduce the adjusted income of the parent by the amount of any expenses related to the disability for which the parent is not reimbursed and for which there are no deductions under the Income Tax Act (Canada) and the reduced adjusted income shall be treated as the parent’s adjusted income for the purposes of section 66.4.  O. Reg. 505/06, s. 13. (2) For the purposes of this section a parent has a disability if, (a) the person has a substantial physical or mental impairment that is continuous or recurrent and that is expected to last one year or more; and (b) the direct and cumulative effect of the impairment on the person’s ability to attend to his or her personal care, function in the community and function in a workplace results in a substantial restriction in one or more of these activities of daily living.  O. Reg. 505/06, s. 13. (3) For the purposes of this section, the following persons may determine whether a person has a disability or a child is a handicapped child: 1. A member of the College of Physicians and Surgeons of Ontario. 2. A member of the College of Psychologists of Ontario. 3. A member of the College of Optometrists of Ontario. 4. A member of the College of Nurses of Ontario who is a registered nurse and who holds an extended certificate of registration in accordance with the regulations made under the Nursing Act, 1991.  O. Reg. 505/06, s. 13.
66.6 (1) A parent may apply to the delivery agent during the year for a decrease in the amount he or she pays for the cost of child care if the parent has a reduction in their adjusted income of 20 per cent or more during the year compared to their adjusted income,  (a) in the previous year; or (b) in the year before the previous year, if proof of their adjusted income is not available for the previous year.  O. Reg. 505/06, s. 13. (2) On application under subsection (1), the delivery agent may recalculate the child care subsidy in accordance with this section.  O. Reg. 505/06, s. 13. (3) In applying for a decrease under subsection (1), the parent shall provide satisfactory evidence of the reduction in income and of the amount of the reduction to the delivery agent.  O. Reg. 505/06, s. 13. (4) If a delivery agent is satisfied that there has been a reduction of 20 per cent or more in adjusted income, the delivery agent shall re-calculate the amount that the parent pays for child care using the reduced adjusted income as the basis of the calculation under section 66.4.  O. Reg. 505/06, s. 13.
67. (1) Every band or approved corporation claiming payment under the Act shall annually before a date fixed by a Director in each year prepare and submit to a Director, on a form approved by the Minister, an estimate of the costs and revenue and of the amount the Minister is to pay for the next fiscal year.  O. Reg. 482/97, s. 4 (1); O. Reg. 501/00, s. 3 (1). (2) A band or approved corporation may at any time during the fiscal year after the estimate has been approved by a Director submit an amendment to the estimate for the fiscal year.  R.R.O. 1990, Reg. 262, s. 67 (2); O. Reg. 482/97, s. 4 (2); O. Reg. 501/00, s. 3 (2). (3) The Director may approve the amount of any estimate or amendment thereto, as the case may be, as submitted under subsection (1) or (2) or the Director may vary the amount of the estimate or the amendment and approve the amount as so varied.  R.R.O. 1990, Reg. 262, s. 67 (3). (4) Subject to subsection (5), an amount payable to a band or approved corporation shall be calculated in accordance with section 68 but the total amount payable shall not exceed the total amount of the estimate as finally approved by a Director.  R.R.O. 1990, Reg. 262, s. 67 (4); O. Reg. 482/97, s. 4 (3); O. Reg. 501/00, s. 3 (3). (5) An amount paid under section 68 for a fiscal year may be adjusted upon receipt of the annual financial statement of an approved corporation referred to in section 65 or the financial information of a band referred to in section 64, as the case may be.  R.R.O. 1990, Reg. 262, s. 67 (5); O. Reg. 482/97, s. 4 (4); O. Reg. 501/00, s. 3 (4). (6) The amount of an adjustment referred to in subsection (5) shall either be paid to the band or approved corporation by Ontario or refunded by the band or approved corporation to Ontario, as the case may be.  R.R.O. 1990, Reg. 262, s. 67 (6); O. Reg. 482/97, s. 4 (5); O. Reg. 501/00, s. 3 (5). (7) The money paid under this section to a band or approved corporation shall be expended by it in accordance with the estimate, as approved by the Director.  O. Reg. 482/97, s. 4 (6); O. Reg. 501/00, s. 3 (6). (8), (9) Revoked:  O. Reg. 482/97, s. 4 (7). Sharing of Costs
68. (1), (1.1) Revoked:  O. Reg. 482/97, s. 5 (1). (1.2) Subject to subsection (3), the amount payable under section 8 of the Act to a band is, (a) 80 per cent of the net cost of providing day nursery services to children in attendance at day nurseries operated by the band; and (b) 80 per cent of the net cost incurred under agreements to provide day nursery services or private-home day care, or both, to children whose parents are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7.  O. Reg. 112/97, s. 2; O. Reg. 505/06, s. 15 (1). (2) Subject to subsection (3), the amount payable under section 8 of the Act to an approved corporation is 80 per cent of the operating costs of providing day nursery services in day nurseries operated by the corporation to children whose parents are persons in need or, if the fees payable by those parents exceed 20 per cent of those operating costs, the amount necessary to ensure that the sum of the amount payable to the corporation and the fees payable by those parents equals those operating costs.  O. Reg. 112/97, s. 2. (3) The amount payable under section 8 of the Act in respect of handicapped children is, (a) to a band or approved corporation for providing day nursery services to handicapped children in attendance at day nurseries operated by the band or approved corporation, (i) 100 per cent of the net cost for the handicapped children five years of age or older, and (ii) 87 per cent of the operating costs for the handicapped children under five years of age or, if the fees payable by their parents exceed 13 per cent of those operating costs, the amount necessary to ensure that the sum of the amount payable under section 8 of the Act and the fees payable by the parents equals those operating costs; and (b) to a band, under an agreement to provide day nursery services or private-home day care, or both, (i) 100 per cent of the net cost for the handicapped children five years of age or older, and (ii) 87 per cent of the operating costs for the handicapped children under five years of age or, if the fees payable by their parents exceed 13 per cent of those operating costs, the amount necessary to ensure that the sum of the amount payable under section 8 of the Act and the fees payable by the parents equals those operating costs.  O. Reg. 112/97, s. 2; O. Reg. 482/97, s. 5 (2). (4) The adjusted income and the available income of a person for the purpose of this Regulation shall be determined by an Ontario Works administrator, a Director or such person as the Director approves.  O. Reg. 505/06, s. 15 (2). (5) Revoked:  O. Reg. 505/06, s. 15 (3).
68.1, 68.2 Revoked:  O. Reg. 501/00, s. 4.
68.3 Every district social services administration board under the District Social Services Administration Boards Act is prescribed as a board for the purposes of this Regulation.  O. Reg. 277/98, s. 3.
68.4 The prescribed costs for the purposes of section 7.3 of the Act are the costs that are to be shared by Ontario and delivery agents under section 67.1 with respect to services prescribed in section 66.1.  O. Reg. 501/00, s. 5. Agreements for Sharing of Costs by Municipalities
68.5 (1) The municipalities set out in the designation of an Ontario Works geographic area or an Ontario Works proposed geographic area may enter into an agreement under which the municipalities’ prescribed costs payable or to be payable under this Regulation are apportioned among the municipalities set out in the designation.  O. Reg. 277/98, s. 4. (2) The agreement becomes effective, (a) in the case of an Ontario Works proposed geographic area, on the designation date; or (b) in the case of an Ontario Works geographic area, (i) if a date is specified in the agreement, on the specified date, and (ii) otherwise, on the day the agreement is made.  O. Reg. 277/98, s. 4. (3) Subject to subsection (4), the agreement may be effective with respect to a period before it is made and, in that case, shall provide for a monetary reconciliation among the parties.  O. Reg. 277/98, s. 4. (4) If the Ontario Works delivery agent is a district social services administration board, the agreement shall not be effective with respect to a period before July 1, 1998.  O. Reg. 277/98, s. 4. (5) The Ontario Works delivery agent shall provide a copy of the agreement to the Minister forthwith after it is made.  O. Reg. 277/98, s. 4. (6) Haldimand County and Norfolk County may not enter into an agreement under subsection (1) that apportions between them their prescribed costs payable or to be payable under this Regulation for a period before January 1, 2002.  O. Reg. 14/02, s. 1.
68.5.1 (1) If, by March 1, 2002, Haldimand County and Norfolk County have entered into an agreement under subsection 68.5 (1) that apportions between them their prescribed costs payable or to be payable under this Regulation for the period commencing on January 1, 2002, subsections 68.5 (2) and (3) do not apply to the agreement.  O. Reg. 14/02, s. 2. (2) The agreement becomes effective on January 1, 2002, even if it is made after that date.  O. Reg. 14/02, s. 2. (3) If the agreement is made after January 1, 2002, it shall provide for a monetary reconciliation between the parties.  O. Reg. 14/02, s. 2. Arbitration Process
68.6 Sections 68.7 to 68.11 do not apply with respect to a geographic area whose Ontario Works delivery agent is a district social services administration board or a band or a proposed geographic area whose Ontario Works delivery agent is to be a district social services administration board or a band.  O. Reg. 277/98, s. 4.
68.7 Arbitrations under sections 68.8, 68.8.1, 68.9 and 68.10 are governed by the Arbitration Act, 1991, subject to those sections and to the following rules: 1. The parties may jointly appoint a single arbitrator on or after the day the arbitration is commenced. 2. If the parties have not appointed an arbitrator, the Superior Court of Justice may make the appointment on a party’s application under section 10 of the Arbitration Act, 1991. 3. The arbitrator shall make a final award that disposes of the issue, within three months after being appointed. 4. The date by which the arbitrator is required to make an award shall not be extended by a court, despite section 39 of the Arbitration Act, 1991.  However, that date may be extended by agreement of the parties. 5. The final award shall apportion among the parties the municipalities’ prescribed costs. 6. The arbitration shall not deal with the municipalities’ prescribed costs incurred before the designation date. 6.1 An arbitration between Haldimand County and Norfolk County shall not deal with the prescribed costs payable or to be payable under this Regulation by either of them for a period before January 1, 2002. 7. The final award may be effective with respect to a period before it is made and, in that case, shall provide for a monetary reconciliation among the parties. 8. A party may appeal the final award to the Superior Court of Justice only on a question of law, with leave, which the court shall grant only if it is satisfied that the conditions in clauses 45 (1) (a) and (b) of the Arbitration Act, 1991 are met. No appeal lies on a question of fact or of mixed law and fact, despite any agreement by the parties. 9. The arbitrator shall provide a copy of the final award to the Minister forthwith after it is made. 10. At any time during the arbitration, the parties may enter into an agreement under section 68.5 that includes an agreement apportioning the costs of the arbitration, in which case the arbitration terminates. 11. The parties may, at any time, amend the final award by agreement or replace the award with an agreement under section 68.5.  O. Reg. 277/98, s. 4; O. Reg. 14/02, s. 3; O. Reg. 505/06, s. 16.
68.8 (1) If, by September 8, 1998, the municipalities set out in the designation of a proposed geographic area have not entered into an agreement under section 68.5, they shall be deemed to have commenced an arbitration on September 8, 1998 of the apportionment among them of the municipalities’ prescribed costs.  O. Reg. 277/98, s. 4. (2) At any time before September 8, 1998, a party may, by serving a notice on the other parties, commence an arbitration of the apportionment.  O. Reg. 277/98, s. 4. (3) The rules set out in section 68.7 and the following rule apply to an arbitration under subsection (1) or (2): 1. The final award shall come into effect or be deemed to have come into effect on the designation date, and remains in effect unless superseded by an agreement under section 68.5 or a final award in a subsequent arbitration.  O. Reg. 277/98, s. 4.
68.8.1 (1) If, by March 1, 2002, Haldimand County and Norfolk County have not entered into an agreement under subsection 68.5 (1) that apportions between them their prescribed costs payable or to be payable under this Regulation for the period commencing on January 1, 2002, they shall be deemed to have commenced an arbitration on March 1, 2002 of the apportionment between them of those costs.  O. Reg. 14/02, s. 4. (2) At any time before March 1, 2002, either of Haldimand County and Norfolk County may, by serving a notice on the other, commence an arbitration of the apportionment between them of their prescribed costs payable or to be payable under this Regulation for the period commencing on January 1, 2002.  O. Reg. 14/02, s. 4. (3) The rules set out in section 68.7 and the following rule apply to an arbitration under subsection (1) or (2): 1. The final award shall come into effect or be deemed to have come into effect on January 1, 2002, and remains in effect unless superseded by an agreement under section 68.5 or a final award in a subsequent arbitration.  O. Reg. 14/02, s. 4.
68.9 (1) If a final award has been in effect for at least two years, a party may, by serving a notice on the other parties, commence a new arbitration to deal with the apportionment among the parties of the municipalities’ prescribed costs.  O. Reg. 277/98, s. 4. (2) The rules set out in section 68.7 and the following rule apply to an arbitration under subsection (1): 1. The final award shall come into effect and supersede the previous award or be deemed to have come into effect and superseded the previous award on the later of the day that is three years after the effective date of the last award and the day the notice is served.  O. Reg. 277/98, s. 4.
68.10 (1) If an agreement expires or is terminated in accordance with the agreement and the parties have not entered into a new agreement, they shall be deemed to have commenced an arbitration on the day of expiry or termination of the apportionment among them of the municipalities’ prescribed costs.  O. Reg. 277/98, s. 4. (2) The date of expiry or termination of the agreement, (a) shall be the date determined in accordance with the agreement or notice of termination, if that date is the last day of a month; or (b) otherwise, shall be deemed to be the last day of the month in which that date falls.  O. Reg. 277/98, s. 4. (3) A party may commence an arbitration of the apportionment by serving a notice on the other parties, (a) if a notice of termination of the agreement is served, on or after the day it is served; or (b) otherwise, at any time during the 12 months preceding the date of expiry of an agreement.  O. Reg. 277/98, s. 4. (4) The rules set out in section 68.7 and the following rules apply to an arbitration under this section: 1. Subject to paragraph 2, the final award shall come into effect or be deemed to have come into effect on the day the agreement expires or is terminated. 2. If the agreement expires or is terminated before the final award is made, i. the agreement shall be deemed to be in effect until the final award is made, and ii. the final award shall provide for a monetary reconciliation among the parties.  O. Reg. 277/98, s. 4.
69. (1) An application for payment under section 9 of the Act for a building project shall be made to the Minister on a form provided by the Minister.  R.R.O. 1990, Reg. 262, s. 69 (1). (2) An applicant who applies under subsection (1) shall file with the Minister two copies of a site plan showing the location of the building or buildings, if any, on the site and, in the case of a building project with one or more of the elements referred to in paragraph 1, 2, 5 or 7 of the definition of “building project” in section 1, (a) building plans and specifications prepared by an architect or professional engineer showing the structure, fixtures and arrangements of the building or buildings and describing the areas of the building or buildings to be used for the purposes of the Act; or (b) where the Minister approves, structural sketches and specifications prepared by a person other than an architect or professional engineer describing the building or buildings and the areas of the building or buildings or contiguous to the building or buildings to be used for the purposes of the Act, and the site plan, the building plans and specifications or the structural sketches and specifications, as the case may be, shall be approved by the Minister.  R.R.O. 1990, Reg. 262, s. 69 (2). (3) No plan, specification or structural sketch filed with the Minister shall be amended or altered without the approval of the Minister.  R.R.O. 1990, Reg. 262, s. 69 (3).
70. (1) No payment under section 9 of the Act shall be made for a building project except where, (a) the building project has been approved by the Minister; (b) the approved cost has been determined; and (c) the approvals of the Minister under section 6 of the Act, subsections 69 (2) and (3) and section 71 of this Regulation have been obtained.  R.R.O. 1990, Reg. 262, s. 70 (1). (2) An approval of a building project by the Minister referred to in subsection (1) expires on the first anniversary of the date upon which the approval is given unless the building project has been commenced before such anniversary date.  R.R.O. 1990, Reg. 262, s. 70 (2). (3) A payment under section 9 of the Act may be paid as a single payment or in two or more instalments and, except where the Minister directs otherwise, the aggregate of the amounts of the payments made at any point in time shall not exceed the greater of, (a) an amount that bears the same proportion to the estimated total payment as the amount of progress made at the time towards completion of the project bears to the total estimated amount of work required for completion; and (b) an amount that bears the same proportion to the estimated total payment as the amount of cost incurred at the time bears to the total estimated cost of the project.  R.R.O. 1990, Reg. 262, s. 70 (3). (4) A single payment or, in the case of payment in two or more instalments the final payment of an amount payable for a building project shall not be made until, (a) an architect or professional engineer certifies, or the Minister is otherwise satisfied, that the building project has been completed in accordance with the plans filed under clause 69 (2) (a) or the sketches thereof approved by the Minister under clause 69 (2) (b) and the building or addition is ready for use and occupancy; and (b) the applicant for the payment submits a report stating, (i) the actual cost of the building project, (ii) that the total of the unpaid accounts applicable to the building project does not exceed the amount of the grant remaining to be paid, (iii) that the amount of the grant remaining to be paid will be applied first to the payment of the unpaid accounts, and (iv) that all refundable sales tax has been taken into account.  R.R.O. 1990, Reg. 262, s. 70 (4).
71. No applicant for or recipient of a payment under section 9 of the Act for a building project shall, without the approval of the Minister, (a) acquire a building or land for the building project; (b) call tenders for the building project; (c) commence construction of the building project; or (d) erect any temporary or permanent sign, tablet or plaque on the single or building project.  R.R.O. 1990, Reg. 262, s. 71.
72. Expenditures incurred by a municipality, band or approved corporation for furnishings or equipment that are not replacements or for repairs to or maintenance of a capital asset that, (a) are approved by the Minister as capital expenditures; (b) are, in the opinion of the Minister, necessary for the efficient operation of the day nursery and the cost of which is not excessive for the purpose; and (c) are in excess of $1,000, are capital expenditures for which a grant may be paid, upon application by the municipality, band or approved corporation, in an amount equal to 80 per cent of the approved expenditures incurred.  R.R.O. 1990, Reg. 262, s. 72.
73. Every municipality, band or approved corporation that receives a payment under this Regulation shall keep and maintain a current inventory of all furnishings and equipment acquired by it and the inventory shall set forth each addition to or removal from inventory and the reasons therefor and shall be prepared in such manner as a Director may require.  R.R.O. 1990, Reg. 262, s. 73.
74. It is a term and condition of a payment of a capital grant under the Act in respect of a building, buildings or land forming part of a building project that the applicant for payment shall enter into an agreement with the Minister in which the applicant shall, (a) agree not to change the site, structure, use of or sell, agree to sell, lease, mortgage, encumber, donate or otherwise dispose of all or any part of the building, buildings or land without the approval of the Minister; (b) agree not to demolish or make alterations or additions to all or any part of the building or buildings without the approval of the Minister; and (c) agree to reimburse the Ministry in the same ratio as the Ministry’s contribution to the acquisition of the building, buildings or land, the construction of the building or buildings or the renovations upon termination of the agreement or where there is contravention of any term of the agreement or where a circumstance set out in clause (a) or (b) takes place.  R.R.O. 1990, Reg. 262, s. 74. Licences and Applications
75. (1) A provisional licence to establish, operate or maintain a day nursery shall be in Form 2.  R.R.O. 1990, Reg. 262, s. 75 (1). (2) A provisional licence to establish, operate or maintain a private-home day care agency shall be in Form 3.  R.R.O. 1990, Reg. 262, s. 75 (2). (3) A licence to establish, operate or maintain a day nursery shall be in Form 4.  R.R.O. 1990, Reg. 262, s. 75 (3). (4) A licence to establish, operate or maintain a private-home day care agency shall be in Form 5.  R.R.O. 1990, Reg. 262, s. 75 (4). (5) An application for a licence or a renewal thereof shall be made to a Director in a form provided by the Minister and shall be accompanied by such other information as the Director considers necessary to enable the Director to determine whether the applicant, if licensed, would be in compliance with the Act and this Regulation.  R.R.O. 1990, Reg. 262, s. 75 (5). (6) Subject to subsection (7), a licence or renewal thereof expires with the anniversary date on which the licence or renewal was issued.  R.R.O. 1990, Reg. 262, s. 75 (6). (7) A Director may issue or renew any licence for such period as the Director considers proper, but in no case shall the period be for more than one year.  R.R.O. 1990, Reg. 262, s. 75 (7). (8) The fee payable by an applicant for a licence other than a renewal is $15.  R.R.O. 1990, Reg. 262, s. 75 (8); O. Reg. 373/93, s. 1 (1). (9) The fee payable for the renewal of a licence is, (a) $10, where the application for the renewal of the licence is made on or before the anniversary date in the year in which the licence or the renewal thereof expires; and (b) $25, where the application for the renewal of the licence is made after the anniversary date in the year in which the licence or the last renewal thereof expires.  R.R.O. 1990, Reg. 262, s. 75 (9); O. Reg. 373/93, s. 1 (2). (10) For the purpose of subsection (9), an application for the renewal of a licence shall be deemed to have been made on the day on which it is received by a Director.  R.R.O. 1990, Reg. 262, s. 75 (10). (11) Every operator shall ensure that the operator’s licence is posted in a conspicuous place in the day nursery or office of the private-home day care agency, as the case may be.  R.R.O. 1990, Reg. 262, s. 75 (11). (12) An application to a private-home day care agency to provide private-home day care shall be in a form provided by the Minister.  R.R.O. 1990, Reg. 262, s. 75 (12). Hearings
76. (1) A notice that a Director is required to give to an applicant or licensee under subsection 13 (1) of the Act shall be in Form 6.  R.R.O. 1990, Reg. 262, s. 76 (1). (2) The Director shall serve the notice under subsection (1), accompanied by two copies of Form 7 in accordance with subsection 20 (1) of the Act.  R.R.O. 1990, Reg. 262, s. 76 (2). (3) A notice that an applicant or licensee may give to the Director and to the Board under subsection 13 (2) of the Act or subsection 14 (1) of the Act shall be in Form 7.  R.R.O. 1990, Reg. 262, s. 76 (3). (4) The Board shall serve notice on the parties to the hearing in Form 8 within fifteen days of receiving the notice of the request for the hearing in Form 7.  R.R.O. 1990, Reg. 262, s. 76 (4). (5) The Board shall send the notice under subsection (1) to each party to the hearing by registered mail addressed to the party at the party’s address last known to the Board.  R.R.O. 1990, Reg. 262, s. 76 (5). General
77. Where an approval is required by a Director or where something is to be done as required by a Director under this Regulation, the approval or requirement is prescribed to be a power of a Director.  R.R.O. 1990, Reg. 262, s. 77.
78., 79. Revoked:  O. Reg. 501/00, s. 6.
80. A notice under clause 15 (2) (b) of the Act shall be in Form 9.  R.R.O. 1990, Reg. 262, s. 80. Publication
81. (1) No delivery agent, municipality, band or approved corporation shall print for public distribution, broadcast or post up in a public place or cause to be so printed, broadcast or posted up or otherwise cause to be made public, the identity of any person referred to in a claim, return or report required to be made under the Act or this Regulation who is eligible for or receives assistance under the Act or this Regulation.  R.R.O. 1990, Reg. 262, s. 81 (1); O. Reg. 482/97, s. 7 (1); O. Reg. 231/98, s. 5 (1); O. Reg. 501/00, s. 7 (1). (2) Subsection (1) does not apply to the exchange of information between a delivery agent, municipality, band or approved corporation and the Ministry, the Government of Canada, the government of any other province or a territory of Canada or an agency of any of them in order to verify information for the purpose of determining or verifying the eligibility of any person for assistance.  R.R.O. 1990, Reg. 262, s. 81 (2); O. Reg. 482/97, s. 7 (2); O. Reg. 231/98, s. 5 (2); O. Reg. 501/00, s. 7 (2). (3) For purposes of subsection (2), “agency” includes the operator of a day nursery or a private-home day care agency.  R.R.O. 1990, Reg. 262, s. 81 (3). (4) It is a condition of the making of any payment to a delivery agent, municipality, band or approved corporation that it comply with this section.  R.R.O. 1990, Reg. 262, s. 81 (4); O. Reg. 482/97, s. 7 (3); O. Reg. 231/98, s. 5 (3); O. Reg. 501/00, s. 7 (3). (5) A payment owing under this Regulation to a delivery agent, municipality, band or approved corporation that fails to comply with subsection (1) may be suspended or withheld.  R.R.O. 1990, Reg. 262, s. 81 (5); O. Reg. 482/97, s. 7 (4); O. Reg. 231/98, s. 5 (4); O. Reg. 501/00, s. 7 (4). Power of Delivery Agents