jswizzle3737/ontario_laws_and_regs huggingface dataset:
3. (1) Subject to subsections (2) and (3), every operator shall be responsible for the operation and management of each day nursery or private-home day care agency operated by the operator, including the program, financial and personnel administration of each such day nursery or private-home day care agency.  R.R.O. 1990, Reg. 262, s. 3 (1). (2) An operator may appoint a person who shall be responsible to the operator for the day-to-day operation and management of each day nursery or private-home day care agency in accordance with subsection (1).  R.R.O. 1990, Reg. 262, s. 3 (2). (3) Where an operator or a person appointed under subsection (2) is absent, the powers and duties of the operator or the person appointed under subsection (2) shall be exercised and performed by such person as the operator designates.  R.R.O. 1990, Reg. 262, s. 3 (3). (4) Every operator of a private-home day care agency shall employ at least one full-time private-home day care visitor, who shall be a person described in section 61, for each twenty-five locations where private-home day care is provided by the operator, unless otherwise approved by a Director, who shall provide support and supervision at each location where private-home day care is provided by the operator and who shall be responsible to the operator.  R.R.O. 1990, Reg. 262, s. 3 (4). (5) Every operator of a day nursery shall employ a supervisor, who shall be a person described in section 58, who shall plan and direct the program of the day nursery, be in charge of the children, oversee the staff and who shall be responsible to the operator.  R.R.O. 1990, Reg. 262, s. 3 (5). Building and Accommodation
4. (1) Every person who applies for a licence to establish, operate or maintain a day nursery under section 11 of the Act shall at the time of application file with a Director evidence that the premises used or to be used as a day nursery comply with, (a) the laws affecting the health of inhabitants of the municipality or the reserve of a band, as the case may be; (b) any rule, regulation, direction or order of the local board of health and any direction or order of the local medical officer of health that may affect the operation; (c) any by-law of the municipality or any by-law of the council of the band on the reserve, as the case may be, and any other law for the protection of persons from fire hazards; (d) any restricted area, standard of housing or building by-law passed by the municipality in which the premises are located pursuant to Part V of the Planning Act or any predecessor thereof and any by-law of the council of the band on the reserve to regulate the construction, repair or use of buildings; (e) the requirements of the Building Code made under the Building Code Act, 1992, where applicable; and (f) the requirements of the Fire Code made under the Fire Protection and Prevention Act, 1997, where applicable.  R.R.O. 1990, Reg. 262, s. 4 (1); O. Reg. 505/06, s. 3. (2) Every person who applies for a licence to establish, operate or maintain a private-home day care agency under section 11 of the Act shall ensure that each location used or to be used by the person to provide private-home day care complies with clauses (1) (a), (b), (c) and (d).  R.R.O. 1990, Reg. 262, s. 4 (2).
5. (1) Where a person proposes that a new building be erected or an existing building be used, altered or renovated for use as a day nursery or that alterations or renovations be made to premises used by a day nursery, the person shall not commence the erection, use, alteration or renovation until plans, including those of the playground area for the day nursery, are approved by a Director, except where the plans are approved by the Minister under section 69.  R.R.O. 1990, Reg. 262, s. 5 (1). (2) The plans referred to in subsection (1) shall include space designated for each of the following: 1. Washing, dressing, toileting and isolation. 2. Storage for toys, indoor play materials and equipment. 3. Storage for food. 4. Storage of required records. 5. Storage for medical supplies, cleaning materials and equipment and other hazardous substances. 6. Heating and electrical equipment.  R.R.O. 1990, Reg. 262, s. 5 (2). (3) Every operator of a day nursery shall ensure that the spaces in each day nursery operated by the operator that are referred to in paragraphs 5 and 6 of subsection (2) are inaccessible to children.  R.R.O. 1990, Reg. 262, s. 5 (3). (4) The operator of a day nursery that has a program that runs for six hours or more in a day shall ensure that in addition to the spaces referred to in subsection (2) the day nursery has space designated for each of the following: 1. Eating and resting. 2. The preparation of food if meals are prepared on the premises. 3. Storage for beds and linen. 4. A staff rest area. 5. Storage for outdoor play equipment. 6. Office area.  R.R.O. 1990, Reg. 262, s. 5 (4).
6. (1) Subject to subsection (2), every operator of a day nursery shall ensure that each day nursery operated by the operator has play activity space of at least 2.8 square metres of unobstructed floor space for each child based on the licensed capacity.  R.R.O. 1990, Reg. 262, s. 6 (1). (2) In the case of a day nursery for handicapped children, the play activity space referred to in subsection (1) shall, (a) be at least five square metres of unobstructed floor space for each child based on the licensed capacity; and (b) where more than twelve children but fewer than twenty-four children are enrolled, be divided into two separate rooms with one additional room being provided for each twelve children or less where there are in excess of twenty-three children.  R.R.O. 1990, Reg. 262, s. 6 (2).
7. Every operator of an integrated day nursery that enrols handicapped children funded under the Act or the Developmental Services Act shall ensure that each such day nursery operated by the operator has one room or area set aside as a resource area for individual and small group training of the handicapped children.  R.R.O. 1990, Reg. 262, s. 7; O. Reg. 435/01, s. 2.
8. (1) Every operator of a day nursery shall ensure that each day nursery operated by the operator has, (a) where the day nursery is licensed to enrol children under eighteen months of age, (i) a separate play activity room for each ten children or less based on the licensed capacity, and (ii) a separate sleeping area that is separated from any play activity space for each ten children or less based on the licensed capacity; (b) where a day nursery is licensed to care for children eighteen months of age or over up to and including thirty months of age, a separate play activity room for each fifteen children or less based on the licensed capacity; (c) where the day nursery is licensed to care for children thirty-one months of age or over up to and including five years of age, a separate play activity room for each twenty-four children or less based on the licensed capacity; (d) where the day nursery is licensed to care for children 44 months of age or over and up to and including 67 months of age as of August 31 of the year, a separate play activity room for each 20 children or less based on the licensed capacity; (e) where the day nursery is licensed to care for children 56 months of age or over and up to and including 67 months of age as of August 31 of the year, a separate play area for each 24 children or less based on the licensed capacity; and (f) where the day nursery is licensed to care for children 68 months of age or over as of August 31 of the year up to and including 12 years of age, a separate play area for each 30 children or less based on the licensed capacity, unless otherwise approved by a Director.  R.R.O. 1990, Reg. 262, s. 8; O. Reg. 505/06, s. 4 (1). (2) In respect of operators who held a licence before November 3, 2006, this section as it read immediately before November 3, 2006 continues to apply to those operators until the licence is renewed under subsection 75 (7).  O. Reg. 505/06, s. 4 (2).
9. Every operator of a day nursery shall ensure that each room in each day nursery operated by the operator that is for the use of children under six years of age or for the use of handicapped children is on or below the second storey unless otherwise approved by a Director.  R.R.O. 1990, Reg. 262, s. 9.
10. Every operator of a day nursery shall ensure that the window glass area in each play activity room of each day nursery operated by the operator that has a program that runs for six hours or more and that was licensed for the first time after the 31st day of December, 1983, contains an area that is at least equivalent to 10 per cent of the floor area of the play activity room.  R.R.O. 1990, Reg. 262, s. 10.
11. Every operator of a day nursery shall ensure that artificial illumination in each play activity room of each day nursery operated by the operator is at the level of at least 55 dekalux.  R.R.O. 1990, Reg. 262, s. 11.
12. Every operator shall ensure that in each day nursery operated by the operator and in each location where private-home day care is provided by the operator, the temperature is maintained at a level of at least twenty degrees Celsius.  R.R.O. 1990, Reg. 262, s. 12.
13. (1) Every operator of a private-home day care agency shall ensure that before a premises is used as a location where private-home day care is to be provided by the operator, the premises, including the outdoor play space, is inspected by a private-home day care visitor employed by the operator to ensure compliance with the Act and this Regulation and, where the premises is so used, that further inspections are carried out every three months from the time of the initial inspection and at such other times as the operator or a Director considers necessary.  R.R.O. 1990, Reg. 262, s. 13 (1). (2) The operator shall ensure that a record is kept of each inspection made under subsection (1) and that the record is maintained for at least two years from the date of the inspection.  R.R.O. 1990, Reg. 262, s. 13 (2). Equipment and Furnishings
14. (1) Every operator of a day nursery shall ensure that the play equipment and furnishings in each day nursery operated by the operator are provided in numbers that are adequate to serve the licensed capacity of the day nursery and are of such a type and design so as to meet the needs of the children enrolled, having regard to the ages of the children, their developmental levels and the type of program offered in the day nursery.  R.R.O. 1990, Reg. 262, s. 14 (1). (2) Every operator of a day nursery shall ensure that the play equipment in each day nursery operated by the operator is sufficient in quantity to allow for rotation and includes equipment for gross motor activity in the playground area.  R.R.O. 1990, Reg. 262, s. 14 (2).
15. Every operator of a day nursery shall ensure that the following equipment and furnishings are provided in each day nursery operated by the operator: 1. Where the day nursery is licensed to enrol children under eighteen months of age, a table or counter space for every ten children, based on the licensed capacity, that is adjacent to a sink and suitable for dressing or changing the diaper of one child at a time. 2. Where the day nursery is licensed to enrol children eighteen months of age or over up to and including thirty months of age, a table or counter space for every fifteen children, based on the licensed capacity, that is adjacent to a sink and suitable for dressing or changing the diaper of one child at a time. 3. Bedding for use during rest periods for each child enrolled for six hours or more. 4. For each child under eighteen months of age enrolled in the day nursery, a cradle or crib that complies with the standards for cradles and cribs in the regulations made under the Hazardous Products Act (Canada). 5. For each child eighteen months of age or over up to and including thirty months of age enrolled for six hours or more, a cot. 6. For each child thirty-one months of age or over up to and including five years of age enrolled for six hours or more, a cot, unless otherwise approved by a Director.  R.R.O. 1990, Reg. 262, s. 15.
16. Every operator shall ensure that the equipment and furnishings in each day nursery operated by the operator or in each location where private-home day care is provided by the operator are maintained in a safe and clean condition and kept in a good state of repair.  R.R.O. 1990, Reg. 262, s. 16.
17. Every operator of a private-home day care agency shall ensure that there are written policies, practices and procedures with respect to the provision of equipment in each location where private-home day care is provided by the operator, and the responsibilities of the operator and each person in charge of the children in each location where private-home day care is provided with respect to the equipment are contained in the written agreement referred to in subsection 51 (1).  R.R.O. 1990, Reg. 262, s. 17.
18. Every operator of a private-home day care agency shall ensure that the equipment and furnishings in each location where private-home day care is provided by the operator include, (a) indoor and outdoor play material and equipment in sufficient numbers and of a type suitable to meet the needs of the children in receipt of private-home day care; (b) a cradle or crib or a playpen that complies with the standards for cradles, cribs and playpens in the regulations made under the Hazardous Products Act (Canada) for each child under eighteen months of age that is in receipt of private-home day care; (c) a cradle or crib that complies with the standards for cradles and cribs in the regulations made under the Hazardous Products Act (Canada) or a cot or bed for each child eighteen months of age or over that is in receipt of private-home day care; and (d) bedding for each child in receipt of private-home day care.  R.R.O. 1990, Reg. 262, s. 18.
19. Every operator of a private-home day care agency shall ensure that in respect of each location where private-home day care is provided by the operator, (a) all poisonous and hazardous substances are inaccessible to children in attendance; and (b) all firearms and ammunition are locked up and the key, if any, is inaccessible to children in attendance.  R.R.O. 1990, Reg. 262, s. 19; O. Reg. 505/06, s. 5.
20. Every operator shall ensure that each day nursery operated by the operator and each location where private-home day care is provided by the operator is equipped with telephone service or an alternative means of obtaining emergency assistance that is approved by a Director.  R.R.O. 1990, Reg. 262, s. 20. Playground
21. (1) Every operator of a day nursery shall ensure that each day nursery operated by the operator that has a program that runs for six hours or more in a day has an outdoor play space that is at least equivalent to 5.6 square metres for each child based on the licensed capacity, unless otherwise approved by a Director.  R.R.O. 1990, Reg. 262, s. 21 (1). (2) Where the licensed capacity of a day nursery is greater than sixty-four children, the play space referred to in subsection (1) may be divided into two or more areas by a fence to allow all the children to use the play space at one time, if each fenced-in area is not used for more than sixty-four children at one time.  R.R.O. 1990, Reg. 262, s. 21 (2).
22. Every operator of a day nursery shall ensure that each playground in each day nursery operated by the operator, (a) is at ground level and adjacent to the premises, unless otherwise approved by a Director; (b) used by children under 44 months of age as of August 31 of the year, is fenced to a minimum height of 1.2 metres and the fence is furnished with one or more gates that are securely closed at all times; (b.1) used by children 44 months of age or over and up to and including 67 months of age as of August 31 of the year, is fenced to a minimum height of 1.2 metres and the fence is furnished with one or more gates that are securely closed at all times, unless otherwise approved by the Director; and (c) is so designed that the staff can maintain constant supervision of the children.  R.R.O. 1990, Reg. 262, s. 22; O. Reg. 505/06, s. 6.
23. Every operator of a private-home day care agency shall ensure that in each location where private-home day care is provided by the operator, no child in attendance is permitted to play on a balcony unless an adult is present on the balcony.  R.R.O. 1990, Reg. 262, s. 23.
24. Every operator of a private-home day care agency shall ensure that outdoor play in each location where private-home day care is provided by the operator is supervised in accordance with plans agreed upon by the person in charge of the children in that location and a parent of each child enrolled in that location and a private-home day care visitor.  R.R.O. 1990, Reg. 262, s. 24. Inspection
25. (1) Every operator shall ensure that, where a report is made by the local medical officer of health or any person designated by the local medical officer of health or the local fire department with respect to a day nursery operated by the operator or a location where private-home day care is provided by the operator, one copy of the report is kept on the premises of the day nursery or at the head office of the private-home day care agency for at least two years from the date of its making and another copy is sent forthwith to a program advisor.  R.R.O. 1990, Reg. 262, s. 25 (1). (2) Every operator shall ensure that in respect of each day nursery operated by the operator and each location where private-home day care is provided by the operator, a record is kept of all inspections made by any person referred to in subsection (1) and any person designated as a program advisor under subsection 16 (1) of the Act and that in the case of a day nursery any recommendations are recorded in the daily written record referred to in section 30.  R.R.O. 1990, Reg. 262, s. 25 (2). Insurance
26. Every operator shall ensure that a policy of insurance with respect to each day nursery or private-home day care agency operated by the operator 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 day nursery, volunteers in each day nursery, employees of each private-home day care agency and each person in charge of a location where private-home day care is provided by the operator; and (b) motor vehicle coverage for all vehicles owned by the operator.  R.R.O. 1990, Reg. 262, s. 26. Fire Safety and Emergency Information
27. (1) Every operator of a day nursery shall ensure that in respect of each day nursery operated by the operator, (a) a written procedure approved by the local fire chief is established with respect to the duties of each member of the staff of each day nursery in the event of a fire; (b) each staff member of each day nursery 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 each day nursery that is used for the care of children; (d) a fire drill is conducted in accordance with subsection (1.1); (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 retained for at least 12 months from the date of the drill and test; and (f) there is a designated place of shelter in the event the day nursery must be evacuated due to an emergency.  R.R.O. 1990, Reg. 262, s. 27 (1); O. Reg. 299/14, s. 1 (1, 2). (1.1) For the purposes of clause 27 (1) (d), the following rules apply: 1. A fire drill shall be conducted in respect of every day nursery, except a day nursery 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 day nursery or part of every day nursery that is operated in a school and that provides services only to children who are pupils of a board, including a third party program operated under section 259 of the Education Act, in accordance with Ontario Regulation 213/07 (Fire Code) made under the Fire Protection and Prevention Act, 1997, 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. 299/14, s. 1 (3). (2) Every operator of a private-home day care agency shall ensure that a written procedure is established with respect to evacuation in the event of fire for each location where private-home day care is provided by the operator.  R.R.O. 1990, Reg. 262, s. 27 (2).
28. Every operator shall ensure that there is an up-to-date list of telephone numbers in each day nursery operated by the operator or in each location where private-home day care is provided by the operator that is accessible in the event of an emergency and that includes the telephone numbers of, (a) the fire department; (b) the nearest hospital; (c) the nearest ambulance service; (d) the nearest poison control centre; (e) the police department; (f) a taxi service; and (g) the private-home day care agency, in the case of a location where private-home day care is provided.  R.R.O. 1990, Reg. 262, s. 28.
29. Every operator shall ensure that the following information is readily accessible in the event of an emergency to each staff member of each day nursery and each private-home day care agency operated by the operator and each person in charge of each location where private-home day care is provided by the operator: 1. The name, address and telephone number of the family physician of each child enrolled in each day nursery or with each private-home day care agency operated by the operator and the name and number shown on the child’s health insurance identification card. 2. The home and work addresses and telephone numbers of a parent of each child enrolled in each day nursery or with each private-home day care agency operated by the operator and a telephone number of a person to be contacted if a parent cannot be reached. 3. Any special medical or additional information provided by a parent of each child enrolled in each day nursery or with each private-home day care agency operated by the operator that could be helpful in an emergency.  R.R.O. 1990, Reg. 262, s. 29; O. Reg. 17/94, s. 2. Health and Medical Supervision
30. Every operator of a day nursery shall ensure that a daily written record is maintained that includes a summary of any incident affecting the health, safety or well-being of the staff or any child enrolled in a day nursery operated by the operator and that the record is kept for at least two years from the date of its making.  R.R.O. 1990, Reg. 262, s. 30.
31. Every operator of a day nursery shall ensure that any recommendation or instruction of a medical officer of health with respect to any matter that may affect the health or well-being of a child enrolled in a day nursery operated by the operator is carried out by the staff of the day nursery.  R.R.O. 1990, Reg. 262, s. 31.
32. Every operator shall ensure that there are policies and procedures approved by a Director with respect to sanitary practices in each day nursery operated by the operator or each location where private-home day care is provided by the operator.  R.R.O. 1990, Reg. 262, s. 32.
33. (1) Every operator shall ensure that before a child is admitted to a day nursery operated by the operator or to a location where private-home day care is provided by the operator, and from time to time thereafter, the child is immunized as recommended by the local medical officer of health.  R.R.O. 1990, Reg. 262, s. 33 (1). (2) Subsection (1) does not apply where a parent of the child objects in writing to the immunization on the ground that the immunization conflicts with the sincerely held convictions of the parent’s religion or conscience or a legally qualified medical practitioner gives medical reasons in writing to the operator as to why the child should not be immunized.  R.R.O. 1990, Reg. 262, s. 33 (2).
34. (1) Every operator shall ensure that a daily observation is made of each child in attendance in each day nursery operated by the operator or in each location where private-home day care is provided by the operator before the child begins to associate with other children in order to detect possible symptoms of ill health.  R.R.O. 1990, Reg. 262, s. 34 (1). (2) Every operator shall ensure that where a child in attendance in a day nursery operated by the operator or in a location where private-home day care is provided by the operator appears to be ill, the child is separated from other children and the symptoms of the illness noted in the child’s records.  R.R.O. 1990, Reg. 262, s. 34 (2). (3) Where a child is separated from other children because of a suspected illness, the operator shall ensure that, (a) a parent of the child takes the child home; or (b) where it is not possible for a parent of the child to take the child home or where it appears that the child requires immediate medical attention, the child is examined by a legally qualified medical practitioner or a nurse registered under the Health Disciplines Act.  R.R.O. 1990, Reg. 262, s. 34 (3).
35. Every operator shall ensure that, (a) there are written policies and procedures with respect to serious occurrences in each day nursery operated by the operator and each location where private-home day care is provided by the operator; and (b) a program adviser is notified of any serious occurrence in any day nursery operated by the operator or any location where private-home day care is provided by the operator within twenty-four hours of its happening.  R.R.O. 1990, Reg. 262, s. 35.
36. Every operator shall ensure that there is a first-aid kit and first-aid manual that is readily available for first-aid treatment in a day nursery operated by the operator and in each location where private-home day care is provided by the operator.  R.R.O. 1990, Reg. 262, s. 36.
36.1 (1) Every operator shall ensure that each day nursery operated by the operator and that each location where private-home day care is provided by the operator has an anaphylactic policy that includes the following: 1. A strategy to reduce the risk of exposure to anaphylactic causative agents. 2. A communication plan for the dissemination of information on life-threatening allergies, including anaphylactic allergies. 3. Development of an individual plan, with input from the child’s parent or guardian and the child’s physician, for each child with an anaphylactic allergy that includes emergency procedures in respect of the child. 4. Training from a physician or a parent on procedures to be followed in the event of a child having an anaphylactic reaction.  O. Reg. 505/06, s. 7. (2) The individual plan for a child with anaphylaxis and the emergency procedures in respect of the child shall be reviewed as follows: 1. By all employees before they begin their employment and at least annually afterwards. 2. By volunteers and students who will be providing care or guidance at the day nursery before they begin providing that care or guidance and at least annually afterwards. 3. By the person in charge of a location where private-home day care is provided before the child is placed at that location and at least annually afterwards. 4. By volunteers and students who will be providing care or guidance at a premises where private-home day care is provided before they begin providing that care or guidance and at least annually afterwards. 5. By persons who are ordinarily residents of the premises where private-home day care is provided before the child is placed at that location and at least annually afterwards.  O. Reg. 505/06, s. 7. (3) In this section, “anaphylaxis” means a severe systemic allergic reaction which can be fatal, resulting in circulatory collapse or shock, and “anaphylactic” has a corresponding meaning.  O. Reg. 505/06, s. 7.
37. (1) Where an operator agrees to the administration of drugs or medications, the operator shall ensure that, (a) a written procedure is established by a legally qualified medical practitioner or a nurse registered under the Health Disciplines Act for, (i) the administration of any drug or medication to a child in attendance in a day nursery operated by the operator or in a location where private-home day care is provided by the operator, and (ii) the keeping of records with respect to the administration of drugs and medications, including those records required under the Controlled Drugs and Substances Act (Canada); (b) all drugs and medications on the premises of a day nursery or a location where private-home day care is provided are, (i) stored in accordance with the instructions for storage on the label, (ii) administered in accordance with the instructions on the label and the authorization received under clause (d), (iii) inaccessible at all times to children, and (iv) in the case of a day nursery, kept in a locked container; (c) one person in each day nursery operated by the operator and each location where private-home day care is provided by the operator is in charge of all drugs and medications and that all drugs and medications are dealt with by that person or a person designated by that person in accordance with the procedures established under clause (a); (d) a drug or medication is administered to a child only where a parent of the child gives written authorization for the administration of the drug or medication and that included with the authorization is a schedule that sets out the times the drug or medication is to be given and amounts to be administered; and (e) a drug or medication is administered to a child only from the original container as supplied by a pharmacist or the original package and that the container or package is clearly labelled with the child’s name, the name of the drug or medication, the dosage of the drug or medication, the date of purchase and instructions for storage and administration.  R.R.O. 1990, Reg. 262, s. 37; O. Reg. 505/06, s. 8. (2) Despite subclauses (1) (b) (iii) and (iv) and clause (1) (c), the operator may permit a child to carry his or her own asthma medication or emergency allergy medication in accordance with the procedures established under clause (1) (a).  O. Reg. 42/93, s. 1.
38. Every operator shall ensure that every dog and cat that is kept on the premises of a day nursery operated by the operator or location where private-home day care is provided by the operator is inoculated against rabies.  R.R.O. 1990, Reg. 262, s. 38. Nutrition
39. Every operator shall ensure that, (a) each infant under one year of age that is in attendance in a day nursery operated by the operator or in a location where private-home day care is provided by the operator is fed in accordance with written instructions from a parent of the child; (b) where food or drink or both is supplied by a parent of a child in attendance in a day nursery operated by the operator or location where private-home day care is provided by the operator, the container for the food or drink is labelled with the child’s name; and (c) all food or drink is stored, prepared and served so as to retain maximum nutritive value and prevent contamination.  R.R.O. 1990, Reg. 262, s. 39.
40. (1) Every operator shall ensure that each child one year of age or over that is in attendance in a day nursery operated by the operator or in a location where private-home day care is provided by the operator is provided with, (a) subject to section 43, where the child is in attendance at meal time, a meal consisting of at least one serving from milk and milk products, one serving from meat and alternates, one serving from bread and cereals, and two servings from fruits and vegetables within the range set out in Column 2 or 3, as the case may be, of Schedule 1, for each food group set out opposite thereto in Column 1 of Schedule 1, except where otherwise approved by a Director in the case of a child who is 44 months of age or over as of August 31 of the year; and (b) nutritious between-meal snacks consisting of foods that will promote good dental health at times that will not interfere with a child’s appetite for meal time.  R.R.O. 1990, Reg. 262, s. 40 (1); O. Reg. 505/06, s. 9. (2) Where a child referred to in subsection (1) is in attendance for six hours or more, the operator shall ensure that the total food offered to the child over the period of attendance for each food group set out in Column 1 of Schedule 2 is within the range set out opposite thereto in Column 2 of Schedule 2.  R.R.O. 1990, Reg. 262, s. 40 (2).
41. (1) Every operator of a day nursery shall post planned menus for the current and following week in a conspicuous place in each day nursery operated by the operator with any substitutions noted on the posted menus.  R.R.O. 1990, Reg. 262, s. 41 (1). (2) A menu referred to in subsection (1) shall be retained by the operator for thirty days after the last day for which it is applicable.  R.R.O. 1990, Reg. 262, s. 41 (2). (3) Every operator of a private-home day care agency shall ensure that each person in charge of the children in each location where private-home day care is provided by the operator plans menus in consultation with the child’s parents, and a private-home day care visitor.  R.R.O. 1990, Reg. 262, s. 41 (3).
42. Every operator of a day nursery shall ensure that a list is posted in each cooking and serving area of each day nursery operated by the operator that sets out the names of the children enrolled in the day nursery that have food allergies and their respective allergies.  R.R.O. 1990, Reg. 262, s. 42.
43. Every operator shall ensure that where special dietary and feeding arrangements have been made with the operator with respect to a child enrolled in a day nursery operated by the operator or in a location where private-home day care is provided by the operator that the arrangements are carried out in accordance with the written instructions of a parent of the child.  R.R.O. 1990, Reg. 262, s. 43. Behaviour Management
44. Revoked:  O. Reg. 677/94, s. 1.
45. (1) No operator shall permit, (a) corporal punishment of a child; (b) deliberate harsh or degrading measures to be used on a child that would humiliate a child or undermine a child’s self-respect; and (c) deprivation of a child of basic needs including food, shelter, clothing or bedding.  R.R.O. 1990, Reg. 262, s. 45 (1); O. Reg. 677/94, s. 2. (2) No operator shall, unless otherwise approved by a Director, (a) lock or permit to be locked for the purpose of confining a child the exits of a day nursery operated by the operator or location where private-home day care is provided by the operator; or (b) use a locked or lockable room or structure to confine a child who has been withdrawn from other children.  R.R.O. 1990, Reg. 262, s. 45 (2).
46. (1) Every operator of a day nursery shall ensure that there are written policies and procedures with respect to discipline, punishment and any isolation measures to be used in the day nursery.  O. Reg. 677/94, s. 3. (2) The operator shall review the policies and procedures at least annually.  O. Reg. 677/94, s. 3. (3) The operator shall ensure that the policies and procedures are reviewed, (a) with employees before they begin their employment and at least annually afterwards; and (b) with volunteers or students who will be providing care or guidance at the day nursery before they begin providing that care or guidance and at least annually afterwards.  O. Reg. 677/94, s. 3.
47. (1) Every operator of a private-home day care agency shall ensure that there are written policies and procedures with respect to discipline, punishment and any isolation measures to be used in locations where private-home day care is provided by the operator.  O. Reg. 677/94, s. 3. (2) The operator shall review the policies and procedures at least annually.  O. Reg. 677/94, s. 3. (3) The operator shall ensure that the policies and procedures are reviewed, (a) with each person in charge of a location where private-home day care is provided by the operator before any child is placed at that location and at least annually afterwards; and (b) with persons described in subsection (4) who will be providing care or guidance at a location where private-home day care is provided by the operator before they begin providing that care or guidance and at least annually afterwards.  O. Reg. 677/94, s. 3. (4) The persons referred to in clause (3) (b) are volunteers, students and persons ordinarily resident at, or regularly on the premises of, the location where private-home day care is provided.  O. Reg. 677/94, s. 3.
47.1 (1) The policies and procedures required under section 46 or 47 must set out what practices are permitted and what practices are prohibited.  O. Reg. 677/94, s. 3. (2) The policies and procedures must set out measures to deal with, (a) a contravention of the policies and procedures; and (b) the commission of anything that, under section 45, the operator must not permit or is prohibited from doing.  O. Reg. 677/94, s. 3.
47.2 (1) Every operator shall ensure that a record is kept with the date of each review of the policies and procedures required under section 46 or 47.  O. Reg. 677/94, s. 3. (2) The operator shall ensure that each entry is signed by the person who made the review, or in the case of a review made by an operator that is a corporation, by an officer or employee of the corporation who had knowledge of the review.  O. Reg. 677/94, s. 3. (3) The operator shall ensure that each entry in the record is retained for at least two years after the entry is made.  O. Reg. 677/94, s. 3.
47.3 (1) Every operator of a day nursery shall ensure that there is a written procedure for monitoring the behaviour management practices of employees and volunteers or students who provide care or guidance at the day nursery.  O. Reg. 677/94, s. 3. (2) Every operator of a private-home day care agency shall ensure that there is a written procedure for monitoring the behaviour management practices of, (a) each person in charge of a location where private-home day care is provided by the operator; and (b) persons described in subsection 47 (4) who will be providing care or guidance at a location where private-home day care is provided by the operator.  O. Reg. 677/94, s. 3. (3) Every operator shall ensure that a record is kept of the monitoring that is done under the procedure required under this section and that each entry in the record is retained for at least two years after the entry is made.  O. Reg. 677/94, s. 3. Enrolment and Records
49. No operator shall require as a condition of enrolling a child in a day nursery or with a private-home day care agency operated by the operator a prior consent from a parent of the child to the release of information with respect to the child.  R.R.O. 1990, Reg. 262, s. 49. Registers and Agreements
50. Every operator of a private-home day care agency shall ensure that an up-to-date register that lists the addresses of each location where private-home day care is provided by the operator, the names and addresses of the children enrolled in each location and the name of the person in charge of the children in each location is maintained at the head office of the private-home day care agency.  R.R.O. 1990, Reg. 262, s. 50.
51. (1) Every operator of a private-home day care agency shall enter into an agreement with each person in charge of a location where private-home day care is provided by the operator and shall keep a copy of each such agreement at the head office of the private-home day care agency.  R.R.O. 1990, Reg. 262, s. 51 (1). (2) Every operator who agrees to provide day nursery services or private-home day care on behalf of a delivery agent, municipality, band or prescribed board shall ensure that a copy of the agreement with the delivery agent, municipality, band or prescribed board is kept at the head office of the day nursery or private-home day care agency.  R.R.O. 1990, Reg. 262, s. 51 (2); O. Reg. 482/97, s. 2; O. Reg. 231/98, s. 2. Program
52. (1) Every operator shall ensure that there is a written statement that outlines the program philosophy and method of operation of each program provided by the operator and that, (a) contains the information required under subsection (2); (b) is reviewed annually by the operator; (c) is reviewed with a parent of a child prior to enrolling the child in a day nursery operated by the operator or in a location in which private-home day care is provided by the operator and whenever a revision of the statement occurs.  R.R.O. 1990, Reg. 262, s. 52 (1). (2) A statement referred to in subsection (1) shall set out, (a) the services offered and the age range served; (b) the times when the services are offered and the holidays observed; (c) the fee for services and the admission and discharge policy; and (d) the particular approach of the program including, (i) the philosophy of the program, (ii) program development, (iii) personal and health care, including nutrition, (iv) parental involvement, (v) behaviour management, (vi) specialized services, including individual program plans for handicapped children, and (vii) activities off the premises.  R.R.O. 1990, Reg. 262, s. 52 (2).
54. (1) Every operator shall ensure that a written program plan and training or treatment plans are developed for each handicapped child who is enrolled in a day nursery operated by the operator or a location where private-home day care is provided by the operator and who is funded under the Act or the Developmental Services Act.  R.R.O. 1990, Reg. 262, s. 54 (1); O. Reg. 435/01, s. 4. (2) Every operator of an integrated day nursery shall ensure that the daily program of the day nursery is so structured that, (a) it will accommodate the individual training or treatment plans of each handicapped child referred to in subsection (1), for each day that the child is in attendance; and (b) the activity programs are appropriate for the ages and developmental levels of the children enrolled in the day nursery.  R.R.O. 1990, Reg. 262, s. 54 (2). (3) Where a handicapped child referred to in subsection (1) is enrolled with a private-home day care agency, the operator of the private-home day care agency shall ensure that the training or treatment given the child is in accordance with the training or treatment plans developed for the child.  R.R.O. 1990, Reg. 262, s. 54 (3). Staff Numbers and Group Size
56. (1) Every operator of a private-home day care agency shall ensure that the number of children, including the children of the person in charge, who are under six years of age in attendance at each location where private-home day care is provided by the operator does not exceed five and that the following number of children in each of the following classifications is not exceeded at any one time: 1. Two handicapped children. 2. Two children, who are under two years of age. 3. Three children, who are under three years of age. 4. One handicapped child and one child who is under two years of age. 5. One handicapped child and two children who are over two years of age but under three years of age.  R.R.O. 1990, Reg. 262, s. 56 (1). (2) Every operator of a private-home day care agency shall establish a maximum capacity in accordance with subsection (1) for each location where private-home day care is provided by the operator and this capacity shall be set out in the agreement between the operator and the person in charge of the children in that location.  R.R.O. 1990, Reg. 262, s. 56 (2).
57. Every operator shall ensure that every child who is in attendance in a day nursery operated by the operator or in a location where private-home day care is provided by the operator is supervised by an adult at all times.  R.R.O. 1990, Reg. 262, s. 57. Staff Qualifications
58. A supervisor shall be a person who, (a) holds, (i) a diploma in early childhood education from an Ontario College of Applied Arts and Technology, or (ii) an academic qualification that a Director considers equivalent to a diploma referred to in subclause (i); (b) has at least two years of experience working in a day nursery with children who are at the same age and developmental levels as the children in the day nursery where the supervisor is to be employed; and (c) is approved by a Director, or is in the opinion of a Director capable of planning and directing the program of a day nursery, being in charge of children and overseeing staff.  R.R.O. 1990, Reg. 262, s. 58.
59. (1) Every operator of a day nursery, except a day nursery for handicapped children, shall employ in each day nursery operated by the operator at least one person for each group of children set out in Column 3 of Schedule 3 who, (a) holds, (i) a diploma in early childhood education from an Ontario College of Applied Arts and Technology, or (ii) an academic qualification that a Director considers equivalent to a diploma referred to in subclause (i); or (b) is otherwise approved by a Director.  R.R.O. 1990, Reg. 262, s. 59 (1). (2) Every operator of a day nursery for handicapped children shall employ in each such day nursery operated by the operator at least one person who holds the qualifications set out in subsection (1) for each group of children set out in Column 3 of Schedule 4.  R.R.O. 1990, Reg. 262, s. 59 (2).
59.1 In respect of operators who held a licence before November 3, 2006, for the purpose of the following provisions, Schedule 3 as it read immediately before November 3, 2006 continues to apply to those operators until the licence is renewed under subsection 75 (7): 1. Subsection 55 (1). 2. Clause 55 (2) (b). 3. Subsection 55 (3). 4. Subsection 55 (6). 5. Subsection 55 (7). 6. Subsection 59 (1).  O. Reg. 505/06, s. 12.
60. A resource teacher shall be a person who, (a) holds, (i) a diploma in early childhood education from an Ontario College of Applied Arts and Technology, or (ii) an academic qualification that a Director considers equivalent to a diploma referred to in subclause (i); (b) has completed a post-secondary program of studies approved by a Director that is both theoretical and practical and that relates to the needs of handicapped children; and (c) if working with multi-handicapped children, has a current standard Red Cross or standard St. John’s Ambulance certificate in first-aid, or is in the opinion of a Director capable of planning and directing individual and small group training for handicapped children.  R.R.O. 1990, Reg. 262, s. 60.
61. A private-home day care visitor shall be a person who, (a) has completed a post-secondary program of studies, approved by a Director, in child development and family studies; (b) has at least two years of experience working with children who are at the same age and developmental levels as the children enrolled with the private-home day care agency where the person is to be employed; and (c) is approved by a Director, or is in the opinion of a Director capable of providing support and supervision in a location where private-home day care is being provided.  R.R.O. 1990, Reg. 262, s. 61. Health Assessments and Immunization