Bill 60 2008

An Act to amend the Day Nurseries Act to allow more children to be cared for in rural areas

Note: This Act amends the Day Nurseries Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Section 11 of the Day Nurseries Act is amended by adding the following subsections:

Where licence not required 

   (8)  Despite anything in this section, a person who receives or cares for children in a rural area or in a town or village with a population of fewer than 4,000 and who is legally entitled to do so without a licence under this section is not required to obtain such a licence if,

  (a)  the person receives or cares for as many as three children in excess of the maximum number of children otherwise permitted; 

  (b)  the additional children are received or cared for during after school hours; and

   (c)  a child who is received or cared for only during after school hours is a sibling of a child received or cared for during school hours.

Exception, day nursery

   (9)  A licensee of a day nursery may receive or care for as many as three children in excess of the maximum number indicated in the licence if,   

  (a)  the day nursery is located in a rural area or in a town or village with a population of fewer than 4,000;

  (b)  the additional children are received or cared for during after school hours; and

   (c)  a child who is received or cared for only during after school hours is a sibling of a child received or cared for during school hours. 

Same, private-home day care agency

   (10)  Despite the definition of "private-home day care" in subsection 1 (1), a licensee of a private-home day care agency may receive or care for as many as three children in excess of the maximum of five children set out in the definition if,

  (a)  the private residence in which the private-home day care is provided is located in a rural area or in a town or village with a population of fewer than 4,000;

  (b)  the additional children are received or cared for during after school hours; and

   (c)  a child who is received or cared for only during after school hours is a sibling of a child received or cared for during school hours. 

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Day Nurseries Amendment Act, 2008.

EXPLANATORY NOTE

The Bill provides that persons legally entitled to care for children without a licence under the Act, as well as licensees of day nurseries and private-home day care agencies, may care for as many as three additional children during after school hours without being in breach of the licence requirements of the Act or, in the case of licensees, the terms of their licence, if the premises where the children are cared for are located in rural areas or in towns or villages with a population of fewer than 4,000 and the additional children are siblings of any of the children cared for during school hours.