Bill 143, Child Care Modernization Act, 2014

Sandals, Hon. Liz Minister of Education

Versions

Bill 143 2013

An Act to enact the Child Care and Early Years Act, 2013, to repeal the Day Nurseries Act, to amend the Early Childhood Educators Act, 2007 and the Education Act and to make consequential amendments to other Acts

CONTENTS

1.	Contents of this Act
2.	Commencement
3.	Short title
Schedule A	Child Care and Early Years Act, 2013
Schedule B	Repeal of Day Nurseries Act
Schedule C	Amendments to the Early Childhood Educators Act, 2007
Schedule D	Amendments to the Education Act
Schedule E	Consequential Amendments to Other Acts

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Preamble

The Day Nurseries Act is the current statute governing child care in Ontario. Enacted in 1946, it does not reflect current evidence based best practices or standards of care. It does not align with the child care needs of today's families, nor is it adaptable to serve the needs of families in the future. The legislative framework that regulates child care must be updated and improved to strengthen oversight of the sector, to clarify when a licence is required, and to provide greater incentives to obtain a licence.

Establishing a system of responsive, safe, high quality and accessible child care and early years programs and services will support parents and families, and will contribute to the healthy development of children.

Research has indicated that the learning and development that occurs during a child's early years is critical. It can have a major bearing on a person's later achievements in school and in the workplace, and on overall health and well-being throughout a person's lifetime.

A strong system of child care and early years programs and services increases labour market attachment by supporting the diverse working circumstances of parents. Enabling parents' continued participation in the workforce would contribute to a stronger Ontario.

To support the particular cultural and linguistic needs of Aboriginal, First Nations, Métis and Inuit communities, as well as Francophone communities, Ontario needs child care options that are responsive and adaptable.

Service managers (municipalities and district social services administration boards) together with their partners, should lead local initiatives to address the various needs of their communities, establish connections among child care and early years programs and services, and plan for the delivery of a continuum of such programs and services.

The delivery of high quality, developmentally responsive child care and early years programs and services necessitates the employment of knowledgeable and self-reflective educators, such as Registered Early Childhood Educators.

In response to the statutory review of the Early Childhood Educators Act, 2007, the Act should be amended to support the College of Early Childhood Educators in promoting and ensuring high standards for the profession, and in protecting the public interest in the regulation of early childhood education.

Providing for the expansion of extended day and third party programs for 6 to 12 year olds would increase the availability of these programs, building on the successful implementation of full day kindergarten. This would support an increasingly seamless and integrated day to help meet the needs of children as they grow.

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

Contents of this Act

1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2) The Schedules to this Act come into force as provided in each Schedule.

Same

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3. The short title of this Act is the Child Care Modernization Act, 2013.

Schedule A
Child care and Early Years Act, 2013

CONTENTS

PART I PURPOSES AND INTERPRETATION
1.	Purposes of Act
2.	Definitions
3.	Meaning of "child care"
4.	Exempt circumstances
PART II PROTECTIVE MEASURES
5.	Application of Part - exempt circumstances
6.	Prohibition - operation of child care centre
7.	Prohibition - operation of home child care agency
8.	Prohibition - operation of multiple unlicensed premises
9.	Prohibition - past conduct, child care providers, etc.
10.	Prohibition - preventing parental access
11.	Prohibition - use of terms re licensing
12.	Duty to disclose if not licensed
13.	Duty to act in accordance with regulations
14.	Posting, returning and copying licences
15.	Duty to provide receipt for payment
16.	Accrediting programs and services
17.	Use of terms re accreditation
18.	Duty to report certain matters to director
19.	Publication of information
PART III LICENSING
20.	Issuance and renewal of licence
21.	Conditions of licence
22.	Term of licence
23.	Refusals and revocations
24.	Provisional licence
25.	Notice of change in status or conditions
26.	Temporary change in location, child care centre
27.	Authorization, request by agency
PART IV INSPECTIONS
28.	Appointment of inspectors
29.	Purpose of inspection
30.	Inspections without warrant
31.	Powers on inspection
32.	Warrants
33.	Inspection report
34.	Admissibility of certain documents
35.	Criminal reference checks
PART V ENFORCEMENT
Orders
36.	Compliance orders
37.	Protection orders
38.	Restraining orders by court
Administrative Penalties
39.	Notice of administrative penalty
40.	Enforcement of administrative penalty
41.	Crown debt
42.	Director may authorize collector
43.	Collector's powers
44.	Settlement by collector
General
45.	Enforcement measures
46.	Consideration of past conduct
PART VI SERVICE SYSTEM PLANNING FOR CHILD CARE AND EARLY YEARS PROGRAMS AND SERVICES
47.	Interpretation
48.	Non-application of Part V
Provincial Interest
49.	Provincial interest
50.	Duty to co-operate
Child Care and Early Years Programs and Services Plans
51.	Child care and early years programs and services plan
52.	Implementation of plan
Minister's Role
53.	Role of Minister
54.	General powers of Minister
55.	Minister's policy statements - provincial interest, programming and pedagogy, etc.
Role of Service Managers, First Nations and Prescribed Local Authorities
56.	Duties of service manager
57.	General powers of service manager
58.	Periodic reports to Minister
59.	Other reports, etc., to Minister
60.	General powers of First Nations
61.	General powers of prescribed local authorities
62.	Advice to director re licensing
PART VII GENERAL
63.	Non-application of Part V
Administration
64.	Administration of Act
65.	Service managers
66.	Directors
67.	Delegation to Ministry employees
68.	Program advisers
Personal Information and Ontario Education Numbers
69.	Collection and use of personal information - Minister
70.	Collection and use of personal information - service manager, etc.
71.	Assignment of numbers
72.	Privacy, Ontario education numbers
Miscellaneous
73.	Service
74.	Certain child care centres in schools: building requirements, etc.
75.	Prohibition - obstruction of inspector
76.	Prohibition - false or misleading information
77.	List of offences
78.	Penalties for offences
79.	Minister's review of Act
Regulations
80.	Regulations - Minister
81.	Regulations - Lieutenant Governor in Council
82.	Retroactivity and incorporation by reference
83.	Public consultation before making regulations
84.	Notice of regulation on website
PART VIII TRANSITION AND CONSEQUENTIAL AMENDMENT
85.	Payments under Day Nurseries Act
86.	Approvals of corporations under the Day Nurseries Act
87.	Transitional regulations
88.	Amendment in consequence of Not-for-profit Corporations Act, 2010
PART IX COMMENCEMENT AND SHORT TITLE
89.	Commencement
90.	Short title

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Part I
PurposeS and Interpretation

Purposes of Act

1. (1) The purposes of this Act are to foster the learning, development, health and well-being of children and to enhance their safety.

Same

(2) In order to fulfil the purposes set out in subsection (1), this Act,

(a) provides a framework for the regulation of,

(i) the provision of child care, and

(ii) the operation of child care and early years programs and services;

(b) establishes a licensing and compliance scheme relating to the provision of child care;

(d) facilitates and supports the local planning and implementation of child care and early years programs and services by municipalities, district social services administration boards, First Nations and prescribed local authorities;

(e) provides access to information that,

(i) supports the ability of parents to evaluate and choose child care and early years programs and services, and

(ii) increases understanding about child development and improves the ability to evaluate the effectiveness of the child care and early years programs and services; and

(f) facilitates and supports the coordination of provincial planning and policy development.

Definitions

2. (1) In this Act,

"authorized recreational and skill building programs" means programs that meet the description set out in subsection 6 (4); ("programmes autorisés de loisirs et de développement des compétences")

"child" means a person who is younger than 13 years old; ("enfant")

"child care" has the meaning set out in section 3; ("garde d'enfants", "services de garde")

"child care and early years programs and services" means programs and services that,

(a) include the provision of child care, or

(b) are early years programs and services; ("programmes et services pour la garde d'enfants et la petite enfance")

"child care and early years programs and services plan" means the plan established and approved under section 51; ("plan de programmes et de services pour la garde d'enfants et la petite enfance")

"child care centre" means a premises operated by a person licensed under this Act to operate a child care centre at the premises; ("centre de garde")

"child care provider" means any person who provides child care for one or more children; ("fournisseur de services de garde")

"criminal reference check" means a document concerning an individual,

(a) that was prepared by a police force or service from national data on the Canadian Police Information Centre system, and

(b) that contains information concerning the individual's personal criminal history; ("relevé des antécédents criminels")

"designated senior employee" means a person employed in the Ministry as a deputy minister, associate deputy minister or assistant deputy minister, or in a position prescribed by the regulations; ("titulaire d'un poste supérieur désigné")

"director" means a director appointed under section 66; ("directeur")

"district social services administration board" means a board established under the District Social Services Administration Boards Act; ("conseil d'administration de district des services sociaux")

"early years programs and services" means programs and services for children or parents that are specified or meet the description set out in the regulations, which,

(a) involve or relate to the learning, development, health and well-being of children,

(b) do not provide child care and are not extended day programs, and

"exempt circumstances" means the circumstances set out in section 4 in which temporary care for and supervision of children are provided; ("circonstances exclues")

"extended day program" has the same meaning as in the Education Act; ("programme de jour prolongé")

"First Nation" means a band as defined in the Indian Act (Canada); ("Première Nation")

"home child care" means child care that meets the description set out in paragraph 1 of subsection 6 (3); ("services de garde en milieu familial")

"home child care agency" means a person that is licensed as a home child care agency under this Act; ("agence de services de garde en milieu familial")

"in-home services" means child care that meets the description set out in paragraph 3 of subsection 6 (3); ("services à domicile")

"justice" means a provincial judge or a justice of the peace; ("juge")

"licence" means a licence issued under this Act and, unless the context indicates otherwise, includes a provisional licence; ("permis")

"licensed child care" means child care that,

(a) is provided at a child care centre,

(b) is home child care, or

"licensee" means a person who holds a licence issued under this Act; (English version only)

"Minister" means the Minister of Education or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; ("ministre")

"Ministry" means the Ministry of the Minister; ("ministère")

"operator" means a person who has control or management of a premises, agency, program or service, and "operate" has a corresponding meaning; ("exploitant", "exploiter", "faire fonctionner", "fonctionnement")

"parent" includes a person having lawful custody of a child or a person who has demonstrated a settled intention to treat a child as a child of his or her family; ("parent")

"personal information" means personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act; ("renseignements personnels")

"prescribed" means prescribed by the regulations; ("prescrit")

"prescribed local authority" means a person or entity prescribed by the regulations; ("autorité locale prescrite")

"regulations" means the regulations made under this Act; ("règlements")

"relative" means, with respect to a child, a person who is the child's parent, sibling, grandparent, great-uncle, great-aunt, uncle, aunt, cousin or such other person prescribed by the regulations, whether by blood, through a spousal relationship or through adoption; ("membre de la famille")

"residential care" means boarding or lodging, or both, and may include specialized, sheltered or group care in conjunction with the boarding or lodging, or both; ("soins en établissement")

"school" has the same meaning as in the Education Act; ("école")

"school board" means a board as defined in subsection 1 (1) of the Education Act; ("conseil scolaire")

"service area", in relation to a service manager, means the geographic area specified by the regulations as the service area of that service manager, in accordance with subsection 65 (2); ("aire de service")

"service manager" means a municipality or district social services administration board designated by the regulations as a service manager in accordance with subsection 65 (1); ("gestionnaire de services")

"temporary care for or supervision of a child" means providing for a child's safety, well-being or development, in the absence of the child's parent and for a continuous period that does not exceed 24 hours; ("garde ou surveillance temporaire d'un enfant")

"Tribunal" means the Licence Appeal Tribunal; ("Tribunal")

"weekday" means any Monday, Tuesday, Wednesday, Thursday or Friday that is not a holiday. ("jour de semaine")

Interpretation, home child care agency

(2) Nothing in this Act is intended to imply that a home child care agency is an employer of a person who provides home child care or in-home services.

Meaning of "child care"

3. For the purposes of this Act, child care means the provision of temporary care for or supervision of children in any circumstance other than in exempt circumstances.

Exempt circumstances

4. (1) For the purposes of this Act, temporary care for and supervision of children are provided in exempt circumstances if:

relatives

1. The person providing the care or supervision is a relative of all of the children for whom it is provided.

services for patrons, etc.

2. The care or supervision is provided as a service at a premises for guests, visitors or patrons who,

i. use the service on an irregular basis,

ii. remain at the premises for the duration of the time during which they use the service, and

iii. are readily available to attend to the children.

homes

3. The care or supervision is provided at a child's own home and is not provided,

i. for any other children who do not reside at that home, or

ii. pursuant to an agreement described in paragraph 2 of section 7.

schools

4. The care or supervision is provided as a service or part of a program operated by a school board or by the Government of Ontario, and the program or service,

i. has a primary purpose that is instructional or extracurricular in nature, and

ii. is provided only for pupils enrolled in the primary division or a higher division in a school.

extended day programs

5. The care or supervision is provided as part of an extended day program.

private schools

6. The care or supervision is provided as a service or part of a program operated by a person operating a private school (within the meaning of the Education Act) and only for pupils enrolled in the school who,

i. are four years old or older, or

ii. if the care or supervision is provided on or after September 1 in a calendar year, will attain the age of four in that year.

recreational, etc.

7. The care or supervision is provided as part of a program, the primary purpose of which is not to provide temporary care for or supervision of children but rather to promote recreational, artistic, musical or athletic skills or to provide religious, cultural or linguistic instruction.

academic

8. The care or supervision is provided as a service or part of a program and the primary purpose of the service or program is not to provide temporary care for or supervision of children but rather to assist children with academic studies and skills. An example of a service or program described in this paragraph is tutoring.

camps

9. Subject to subsection (3), the care or supervision is provided as part of a camp,

i. that is not operated for more than 13 weeks in a calendar year,

ii. that is not operated on days on which instruction is typically provided for pupils enrolled in schools,

iii. that is not operated at a person's home, and

iv. where the care or supervision is provided only for children who,

A. are four years old or older, or

B. if the care or supervision is provided on or after September 1 in a calendar year, will attain the age of four in that year.

residential or foster care

10. The care or supervision is provided in the course of providing residential or foster care for the child under the authority of another Act.

prescribed circumstances

11. The care or supervision is provided by a person, at a premises, as part of a program or service or in any other circumstance prescribed by the regulations.

Third party programs, etc.

(2) For greater certainty, the temporary care or supervision referred to in paragraph 4 of subsection (1) does not include temporary care or supervision provided as part of a third party program within the meaning of the Education Act, or at a child care centre operated by a board under paragraph 49 of subsection 171 (1) of that Act.

Camps, exception

(3) Paragraph 9 of subsection (1) does not include temporary care for or supervision of children that is provided as part of a camp,

(a) that is operated by a person who stopped operating a child care centre at a premises for the purpose of operating the camp at the premises; and

(b) that is operated during the same or similar hours, and is otherwise of the same nature, as the child care centre.

Part II
Protective measures

Application of Part - exempt circumstances

5. (1) Subject to subsection (2), this Part does not apply to a person who, in an exempt circumstance,

(a) provides temporary care for or supervision of children;

(b) operates a premises where temporary care for or supervision of children is provided; or

Same

(2) Subsection (1) does not apply with respect to sections 11, 16 and 17 and any other provision prescribed by the regulations.

Prohibition - operation of child care centre

6. (1) No person shall operate a premises where child care is provided except under the authority of a licence to operate a child care centre.

Same, premises specified in licence

(2) Subject to section 26, a person who holds a licence to operate a child care centre is authorized to operate the centre only at the premises specified in the licence.

Exceptions

(3) Subsection (1) does not apply in respect of the provision of child care in any of the following circumstances:

home child care

1. The child care provided at the premises meets the following criteria:

i. The child care is provided,

A. by one child care provider for no more than six children or, if a lesser number is prescribed in accordance with subsection (6), no more than the prescribed number of children, or

B. if the regulations so provide, by two child care providers for no more than twice the number of children that applies for the purposes of sub-subparagraph A or, if a lesser number is prescribed, no more than the prescribed number of children.

ii. There is an agreement between a home child care agency and the child care provider that provides for the agency's oversight of the provision of care.

iii The home child care agency has been advised of all of the children at the premises.

iv. The group of children does not include,

A. in the circumstances described in sub-subparagraph i A, more than two children who are younger than two years old,

B. in the circumstances described in sub-subparagraph i B, more than four children who are younger than two years old or, if a lesser number is prescribed, more than the prescribed number, or

C. if the director authorizes under section 27 the provision of child care for more children who are younger than two years old than the number that applies for the purposes of sub-subparagraph A or B, more than the number specified by the director.

unlicensed child care, five children or less

2. The child care provided at the premises meets the following criteria:

i. The child care is provided for no more than five children or, if a lesser number is prescribed by the regulations, no more than the prescribed number of children.

ii. There is no agreement between a home child care agency and the child care provider that provides for the agency's oversight of the provision of care.

iii. The group of children does not include more than two children who are younger than two years old.

in-home services

3. The child care provided at the premises meets the following criteria:

i. The child care is provided for a child at his or her home, or at another place where residential care is provided for the child.

ii. There is an agreement between a home child care agency and the child care provider that provides for the agency's oversight of the provision of care.

iii. The home child care agency has been advised of all of the children at the premises.

iv. Financial assistance is provided under this Act for the child care.

v. The child care meets any other criteria prescribed by the regulations.

prescribed circumstances

4. The child care is provided by a person, at a premises, as part of a program or service or in any other circumstance prescribed by the regulations.

Same, authorized recreational and skill building programs

(4) If the regulations so provide, subsection (1) does not apply in respect of the provision of child care if the child care is provided as part of a program that meets the following criteria:

1. The primary purpose of the program is to provide child care.

2. The program includes, as a complementary purpose, activities that promote recreational, artistic, musical or athletic skills or provide religious, cultural or linguistic instruction.

3. The program is not operated at a person's home.

4. The child care is provided only for children who,

i. are six years old or older, or

ii. if the child care is provided on or after September 1 in a calendar year, will attain the age of six in that year.

5. The program meets any other criteria prescribed by the regulations.

Children of the provider

(5) For the purposes of counting children at a premises under paragraphs 1 and 2 of subsection (3), a child care provider's own children who are at the premises shall be counted unless they are six years old or older.

Home child care, number of children

(6) Regulations made for the purposes of sub-subparagraph 1 i A of subsection (3) shall ensure that the number of children prescribed is more than the number of children for whom child care may be provided under subparagraph 2 i of subsection (3).

Same, interpretation

(7) For greater certainty, nothing in this section shall be interpreted as preventing an agreement between a home child care agency and a provider of home child care that provides that the number of children for whom the care is provided shall be less than the number of children that applies for the purposes of subparagraph 1 i of subsection (3).

Para. 2 of subsection (3), interpretation

(8) For greater certainty, the number of child care providers at a premises shall not affect the number of children for whom child care may be provided in the circumstances set out in paragraph 2 of subsection (3).

Prohibition - operation of home child care agency

7. No person shall do any of the following except under the authority of a licence as a home child care agency:

1. Enter into an agreement with the parent of a child that arranges for a third person to provide child care for the child at a premises that is not the child's own home.

2. Enter into an agreement with the parent of a child that arranges for a third person to provide child care for the child that meets the criteria set out in subparagraphs 3 i, iv and v of subsection 6 (3).

3. Enter into an agreement with a child care provider to oversee the provision of child care by performing functions such as monitoring the operation, providing administrative services or imposing standards or requirements in relation to the provision of care.

Prohibition - operation of multiple unlicensed premises

8. No person shall operate more than one premises where child care is provided in a circumstance described in paragraph 2 of subsection 6 (3).

Prohibition - past conduct, child care providers, etc.

9. (1) No individual shall provide child care, operate a premises where child care is provided or enter into an agreement described in section 7 if:

1. The individual has been convicted of any of the following offences:

i. An offence under this Act.

ii. An offence under any of the following sections of the Criminal Code (Canada):

A. Section 151 (sexual interference).

B. Section 163.1 (child pornography).

C. Section 215 (duty of persons to provide necessaries).

D. Section 229 (murder).

E. Section 233 (infanticide).

iii. Any other federal or provincial offence prescribed by the regulations.

2. The individual has been found guilty of professional misconduct under the Early Childhood Educators Act, 2007, the Ontario College of Teachers Act, 1996, the Social Work and Social Service Work Act, 1998 or another prescribed Act, and based on that finding,

i. the individual's membership in the regulatory body established under that Act was revoked and the individual has not been readmitted since that time,

ii. a certificate or documentation issued to the individual under that Act that authorized the individual to practice was revoked and has not been reissued since that time, or

iii. the individual's authority to practice was restricted in any other way prescribed by the regulations.

Directors of corporations

(2) If a corporation operates a premises where child care is provided or enters into an agreement described in section 7, all of its directors are deemed, for the purposes of subsection (1), to be operating the premises or to have entered into the agreement.

Corporation

(3) No corporation shall operate a premises where child care is provided or enter into an agreement described in section 7 if,

(a) the corporation has been convicted of an offence referred to in subparagraph 1 i or iii of subsection (1); or

(b) a director of the corporation is described in paragraph 1 or 2 of subsection (1).

Municipalities and school boards

(4) Subsection (2) and clause (3) (b) do not apply if the corporation is a municipality, school board or district social services administration board.

Prohibition - preventing parental access

Access to child

10. (1) No person providing child care, or operating a premises at which child care is provided, shall prevent a parent from having access to his or her child except,

(a) if the person believes on reasonable grounds that the parent does not have a legal right of access to the child; or

(b) in the circumstances prescribed by the regulations.

Access to premises

(2) No person providing child care at a premises, or operating the premises, shall prevent a parent from entering the premises while child care is provided there for his or her child except,

(a) if the person believes on reasonable grounds that the parent does not have a legal right of access to the child;

(b) if the person believes on reasonable grounds that the parent could be dangerous to the children at the premises;

(d) in the circumstances prescribed by the regulations.

Prohibition - use of terms re licensing

11. (1) No person shall use the following terms in connection with a program or service that includes the provision of temporary care for or supervision of children, or a premises where such a program or service is provided, unless the temporary care for or supervision of children is licensed child care:

1. Child care centre.

2. Licensed child care centre.

3. Licensed child care.

4. Licensed day care.

5. Home child care agency.

6. Licensed home child care agency.

7. Licensed home child care.

8. Any other term prescribed by the regulations.

Same

(2) Subsection (1) also applies to the use of,

(a) a variation, an abbreviation or an abbreviation of a variation of a term listed in subsection (1); or

(b) an equivalent in another language,

(i) of a term listed in subsection (1), or

(ii) of a variation, an abbreviation or an abbreviation of a variation of such a term.

Holding out as licensed

(3) No person shall represent or hold out expressly or by implication that he, she or it is licensed to operate a child care centre or as a home child care agency, unless the person is licensed under this Act.

Same, home child care agency

(4) No person who provides temporary care for or supervision of children shall represent or hold out expressly or by implication that the care or supervision is overseen by a home child care agency unless it is in fact overseen by a home child care agency that is licensed under this Act.

Application, prescribed exemptions

(5) This section does not apply in the circumstances prescribed by the regulations.

Duty to disclose if not licensed

12. (1) Any person who does not hold a licence shall, before providing child care in a circumstance described in paragraph 2 or 4 of subsection 6 (3), or, if relevant, in subsection 6 (4), disclose to the parent of the child, in a manner that may be prescribed, that the person does not hold a licence.

Duty to retain record of disclosure

(2) A person who makes a disclosure in accordance with subsection (1) shall retain a record of the disclosure in a prescribed manner for at least the prescribed time period, or if no time period is prescribed, for at least two years from the date the disclosure is made.

Duty to act in accordance with regulations

13. (1) Any person who provides child care, operates a premises where child care is provided or enters into an agreement described in section 7 shall do so in accordance with the regulations.

Prescribed qualifications, member of College of Early Childhood Educators

(2) If the regulations impose requirements in relation to the qualifications of a child care provider, the requirements are deemed to include membership in the College of Early Childhood Educators, unless otherwise provided by the regulations.

Posting, returning and copying licences

14. (1) A licensee shall post a copy of a licence in a conspicuous place at the child care centre or the premises where the home child care agency is located, as the case may be, together with any other information or signage prescribed by the regulations.

Duty to post information at home child care premises

(2) A home child care agency shall post any information or signage prescribed by the regulations in a conspicuous place at each premises where the agency oversees the provision of child care.

Exceptions

(3) Subsections (1) and (2) do not apply during the prescribed time periods.

Same

(4) If the prescribed conditions apply, subsection (2) does not apply with respect to premises where in-home services are provided.

Prohibition re making copies

(5) If a licence or any other signage has been provided to a person for the purposes of this Act, the person shall not make copies of the licence or signage, except as required for the purposes of this section, as otherwise required by law, or as permitted by the regulations.

Duty to return licence and signage

(6) If a licence or any other signage has been provided to a person for the purposes of this Act, the person shall return the licence or signage to a director in the circumstances prescribed by and in accordance with the regulations.

Duty to provide receipt for payment

15. Upon request, any licensee or child care provider shall provide a receipt for payment to a person who pays the licensee or child care provider for child care, and the receipt shall be provided free of charge and in accordance with the regulations.

Accrediting programs and services

16. If the regulations so provide, no person shall provide a child care or early years program or service with an accreditation, certification or other designation indicating that the program or service meets certain standards or requirements, except in accordance with the regulations.

Use of terms re accreditation

17. (1) If the regulations so provide, no person shall use, in connection with a child care or early years program or service, a term prescribed by the regulations indicating that the program or service has been provided with an accreditation, certification or other designation, except in accordance with the regulations.

Same

(2) Subsection (1) also applies to the use of,

(a) a variation, an abbreviation or an abbreviation of a variation of a term referred to in subsection (1); or

(b) an equivalent in another language,

(i) of a term referred to in subsection (1), or

(ii) of a variation, an abbreviation or an abbreviation of a variation of such a term.

Holding out as accredited

(3) If the regulations so provide, no person shall represent or hold out expressly or by implication that a child care or early years program or service has been provided with an accreditation, certification or other designation indicating that it meets certain standards or requirements, except in accordance with the regulations.

Duty to report certain matters to director

18. (1) If, in the course of employment, it comes to the attention of a person prescribed by the regulations that there are reasonable grounds to suspect that there is an imminent threat to the health, safety or welfare of any child for whom child care is provided, the person shall immediately report the suspicion and the information on which it is based to a director.

Investigation

(2) If a suspicion is reported to a director under subsection (1), the director shall have an inspector conduct an inspection or make inquiries for the purpose of ensuring compliance with this Act and the regulations.

Solicitor-client privilege

(3) Nothing in this section abrogates any privilege that may exist between a solicitor and the solicitor's client.

Duty to report under Child and Family Services Act

(4) Nothing in this section affects the duty to report a suspicion under section 72 of the Child and Family Services Act.

Publication of information

19. (1) The Minister shall publish the following on a government website:

1. A summary of each compliance order made under section 36.

2. A summary of each protection order made under section 37.

3. A summary of each notice of administrative penalty issued under section 39, unless the notice was rescinded or overturned.

4. A summary of each conviction for an offence listed under section 77 and the penalties imposed.

Same

(2) The Minister may publish the following on a government website:

1. A summary of each proposal to refuse to issue or renew a licence or to revoke a licence under section 23, unless the refusal or revocation was not carried out.

2. A summary of each restraining order made under section 38.

Other publications

(3) A director may publish anything set out in subsection (1) or (2) in any other manner or medium that the director considers appropriate.

Content

(4) A summary required to be published under this section shall include any information prescribed by the regulations.

Timing

(5) The following rules apply with respect to the timing of the publication of information under subsection (1) or (2):

1. A summary of a compliance order shall be published within 30 days after the day the order is made.

2. A summary of a proposal to refuse to issue or renew a licence or to revoke a licence shall not be published before the time for requiring a hearing as provided for under subsection 23 (4) expires, or, if a hearing is required, until the matter in issue has been finally determined.

3. A summary of an administrative penalty shall not be published before,

i. the time for requiring a review as provided for under subsection 39 (7) expires, or

ii. if a review is required, until the designated senior employee has made a decision.

Publication for at least 12 months

(6) The Minister shall ensure that the information published under subsection (1) remains on the website for no less than 12 months after the day it is published.

Posting of information

(7) A director may post a summary of anything described in subsection (1) or (2) in a conspicuous place at a child care centre, the premises where a home child care agency is located or any other premises where child care is provided if the subject matter of the publication is connected to the centre, agency or other premises.

Same

(8) Subsection (5) does not apply to a summary posted under subsection (7).

Removal of posted information

(9) No person, other than a director or inspector, shall remove a summary posted under subsection (7) unless the person is authorized to do so by a director or inspector, or the circumstances prescribed by the regulations exist.

Prohibition - identifying child

(10) Despite anything in this section, the Minister or a director shall not publish the identity, or any information that could disclose the identity, of a child who was allegedly,

(a) sexually abused; or

(b) the subject of any other physical or psychological harm.

Final determination

(11) For the purposes of paragraph 2 of subsection (5), a matter in issue has not been finally determined if a right of appeal exists and the time for appealing has not expired.

Part III
LicenSING

Issuance and renewal of licence

Application

20. (1) A person may apply for a licence or the renewal of a licence to operate a child care centre or as a home child care agency by submitting to a director,

(a) an application in a form approved by the Minister;

(b) an attestation, that is to be completed by the applicant in a form approved by the Minister, confirming that the applicant is not prohibited from operating a child care centre or a home child care agency under section 9;

(d) payment of the fee prescribed by the regulations.

Same, additional requirements

(2) A person who applied for a licence or renewal of a licence shall comply with any other requirements prescribed by the regulations that relate to the application process, unless the person withdraws the application.

Advice from service manager, First Nation or prescribed local authority

(3) For the purposes of section 62, the director may send a copy of an application to a service manager, First Nation or prescribed local authority and, if the service manager, First Nation or prescribed local authority provides advice to the director in respect of the application, the director shall consider the advice for the purposes of clause 23 (1) (f).

Director's duty to issue or renew

(4) The director shall issue or renew a licence if the applicant applied in accordance with subsection (1) unless,

(a) the director refuses to do so in accordance with section 23;

(b) the applicant is under 18 years old, is a partnership or is an association of persons; or

(c) a licence held by the applicant has been revoked, or the issuance or renewal of such a licence has been refused, and the time period prescribed by the regulations has not elapsed since the day of the revocation or refusal.

Not transferable

(5) A licence is not transferable.

Notice of change, corporations

(6) Where the licensee is a corporation, the licensee shall notify a director in writing within 15 days of any change in the officers or directors of the corporation.

Conditions of licence

21. (1) A licence is subject to any conditions imposed on it by a director or the Tribunal.

Same

(2) Upon issuing or renewing a licence or at any other time, the director may impose on the licence the conditions that the director considers appropriate.

Same

(3) The director may, at any time, amend the conditions imposed on the licence.

Licensee must comply

(4) Every licensee shall comply with the conditions imposed on a licence.

Term of licence

22. (1) A licence shall be issued or renewed,

(a) for a term specified by the director in accordance with the regulations; or

(b) if there are no regulations governing the term, for a term specified by the director that does not exceed one year.

Expiry at end of term

(2) A licence expires at the end of its term.

Revocation for cause

(3) Nothing in this section prevents a licence from being revoked or suspended.

Refusals and revocations

Proposal to refuse to issue

23. (1) A director may propose to refuse to issue a licence if, in the director's opinion,

(a) any of the following are not competent to operate a child care centre or home child care agency, as the case may be, in a responsible manner in accordance with this Act and the regulations:

(i) the applicant or any employee of the applicant,

(ii) if the applicant is a corporation, the officers, directors or employees of the corporation or any other person with a controlling interest in the corporation, and

(iii) if the person with a controlling interest referred to in subclause (ii) is a corporation, the officers, directors or employees of that corporation;

(b) the past conduct of any person set out in clause (a) affords reasonable grounds to believe that the child care centre or home child care agency will not be operated in accordance with the law and with honesty and integrity;

(c) a building or other accommodation where the application indicates that child care will be provided would not comply with this Act and the regulations and any other applicable Act, regulation or municipal by-law;

(d) any person has made a false statement in the application for the licence, or the applicant or any person acting on behalf of the applicant has made a false statement in any report, document or other information required to be furnished by this Act or the regulations or any other Act or regulation that applies to the child care centre or home child care agency;

(e) a licence held by the applicant has been revoked or the renewal of such a licence has been refused and there has been no material change in the applicant's circumstances;

(f) advice provided by a service manager, First Nation or prescribed local authority under section 62 affords reasonable grounds to believe that the licence would authorize the provision of child care in a service area that is inconsistent with the service manager's, First Nation's or prescribed local authority's child care and early years programs and services plan with respect to,

(i) the demand for child care, and

(ii) the capacity and locations of existing child care centres and premises where home child care is provided; or

(g) the applicant failed to comply with the requirements prescribed by the regulations for the purposes of subsection 20 (2).

Proposal to revoke or refuse to renew

(2) A director may propose to revoke or refuse to renew a licence if, in the director's opinion,

(a) any of the following persons have failed to comply with, or have knowingly permitted any person under the control of or direction of or associated with that person to fail to comply with, any provision of this Act or the regulations or of any other Act or regulation that applies to the child care centre or home child care agency, or any condition of the licence:

(i) the licensee or any employee of the licensee,

(ii) if the licensee is a corporation, the officers, directors or employees of the corporation or any other person with a controlling interest in the corporation, and

(iii) if the person with a controlling interest referred to in subclause (ii) is a corporation, the officers, directors or employees of that corporation;

(b) the conduct of any person set out in clause (a) affords reasonable grounds to believe,

(i) that the person is not competent to operate a child care centre or home child care agency in a responsible manner in accordance with this Act and the regulations,

(ii) that the child care centre or home child care agency is not being or will not be operated in accordance with the law and with honesty and integrity, or

(iii) that the child care centre is being operated or will be operated, or the home child care is being provided or will be provided, in a manner that is prejudicial to the health, safety or welfare of the children for whom the care is provided;

(c) a building or other accommodation where the application indicates that child care is being or will be provided does not comply with this Act or the regulations or any other applicable Act, regulation or municipal by-law;

(d) any person has made a false statement in the application for the licence or renewal of the licence, or the licensee or any person acting on behalf of the licensee has made a false statement in any report, document or other information required to be furnished by this Act or the regulations or any other Act or regulation that applies to the child care centre or home child care agency;

(e) the licensee failed to comply with an order issued by a director or an inspector under Part V;

(f) the licensee failed to pay a penalty imposed by a notice of administrative penalty issued under section 39; or

(g) the licensee failed to comply with the requirements prescribed by the regulations for the purposes of subsection 20 (2).

Notice of proposal to applicant or licensee

(3) The director shall notify the applicant or licensee, as the case may be, in writing if the director proposes to,

(a) refuse to issue a licence;

(b) refuse to renew a licence; or

Contents of notice

(4) The notice of proposal shall set out the reasons for the proposed action and shall state that the applicant or licensee is entitled to a hearing by the Tribunal if the applicant or licensee, within 15 days after service of the notice, serves a written request for a hearing on the director and the Tribunal.

Notice to parents, etc.

(5) If a director proposes to refuse to renew a licence or revoke a licence, he or she,

(a) shall post a notice of the proposal, in a manner approved by the Minister, at the premises where the child care is provided under the authority of a licence; and

(b) may provide notice of the proposal to the parents of the children for whom the care is provided.

Removal of posted notice

(6) No person, other than a director or inspector, shall remove a notice posted under clause (5) (a) unless the person is authorized to do so by a director or inspector or the circumstances prescribed by the regulations exist.

If no request for hearing

(7) If the applicant or licensee does not request a hearing in accordance with subsection (4), the director may carry out the proposal.

Hearing

(8) If the applicant or licensee requests a hearing, the Tribunal shall appoint a time for and hold the hearing.

Powers of Tribunal

(9) After holding the hearing, the Tribunal may,

(a) by order, direct the director to carry out the proposal, with or without amendments, or substitute its opinion for that of the director; and

(b) by order, direct the director to take such action as the Tribunal considers he or she should take in accordance with this Act and the regulations.

Application of Child and Family Services Act

(10) Sections 201 and 202 of Part IX of the Child and Family Services Act apply with necessary modifications to proceedings before the Tribunal, its powers and appeals of its orders.

Continuation of licence pending renewal

(11) Subject to section 37, if a licensee has applied for the renewal of a licence in accordance with subsection 20 (1) before the licence has expired, or within such other time period prescribed by the regulations, the term of the licence is deemed to be extended,

(a) until the day the director grants the renewal; or

(b) if the director proposes to refuse to grant the renewal, until the time for requesting a hearing has expired or, if a hearing is requested, until the Tribunal makes a decision.

Appeals from orders of the Tribunal

(12) If a licensee appeals an order of the Tribunal, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal.

Provisional licence

24. (1) Despite anything else in this Act or the regulations, a director may issue a provisional licence to a person who applies for a licence or for the renewal of a licence in accordance with subsections 20 (1) and (2) if,

(a) the person or a premises operated by the person has been the subject of an inspection under Part IV and,

(i) the inspection revealed that the person or premises is not in compliance with all the requirements under this Act or the regulations and requires time to meet such requirements,

(ii) the director is satisfied that the non-compliance will not result in an imminent threat to the health, safety or welfare of any children, and

(iii) in the director's opinion, the non-compliance will be remedied within the time period prescribed by the regulations;

(b) the person is not described in clause 20 (4) (b) or (c); and

Same, status change

(2) A director may change the status of a person's licence issued under section 20 to a provisional licence in the circumstances set out in subsection (1).

Conditions

(3) If the director imposes conditions on a provisional licence or amends the conditions imposed on a provisional licence, the licensee is not entitled to a hearing by the Tribunal, despite section 25.

Term of licence

(4) A provisional licence may be issued for a term specified by the director that does not exceed the prescribed time period.

Renewal of licence

(5) If the holder of a provisional licence fails to remedy the non-compliance because of which the licence was issued as or changed to a provisional licence, but the director is satisfied that the licensee's failure to do so was due to circumstances beyond his, her or its control, the director may renew the provisional licence, once only, for a term specified by the director that does not exceed the prescribed time period.

Contents of licence

(6) A provisional licence shall set out the non-compliance revealed by the inspection and any measures that the licensee has been ordered to take under this Act to remedy the non-compliance.

Notice to parents

(7) When a licensee is issued a provisional licence or a licence is changed to a provisional licence, the licensee shall promptly notify the parents of the children who receive child care under the authority of the licence that it is provisional, and the notice shall be in a manner approved by the Minister and in accordance with any other requirements prescribed by the regulations.

Issuance of non-provisional licence

(8) At any time during the term of a provisional licence, the director may change it to a licence that is not provisional.

Revocation

(9) The director may propose to revoke a provisional licence in accordance with section 23.

Action upon expiry, etc.

(10) If the term of a provisional licence expires and it is not renewed under subsection (5), the director shall,

(a) if the provisional licence was issued to a person who applied for a licence or renewal of a licence,

(i) issue or renew a licence under subsection 20 (4), or

(ii) propose to refuse to issue or renew the licence in accordance with section 23; and

(b) if the status of a licence was changed to a provisional licence,

(i) change the status back to a licence that is not provisional, or

(ii) propose to revoke the licence in accordance with section 23.

No right to licence

(11) For greater certainty, the issuance of a provisional licence does not confer any right on a person to have a licence renewed under section 20.

Notice of change in status or conditions

25. (1) A director shall notify a licensee in writing if the director makes any of the following changes with respect to a licence:

1. Changes the status of the licence to a provisional licence.

2. Imposes conditions on the licence.

3. Amends the conditions imposed on the licence.

Change or conditions effective upon notice

(2) The change is effective immediately upon service of the notice and is not stayed by a request for a hearing by the Tribunal.

Contents of notice

(3) The notice shall set out the reasons for the change and shall state that the licensee is entitled to a hearing by the Tribunal if the licensee, within 15 days after service of the notice, serves a written request for a hearing on the director and the Tribunal.

Hearing

(4) If the licensee requests a hearing, the Tribunal shall appoint a time for and hold the hearing.

Powers of Tribunal

(5) After holding the hearing, the Tribunal may,

(a) order that the change be continued, with or without amendments, or substitute its opinion for that of the director; and

(b) by order, direct the director to take such action as the Tribunal considers he or she should take in accordance with this Act and the regulations.

Application of ss. 23 (10) and (11)

(6) Subsections 23 (10) and (11) apply for the purposes of this section.

Temporary change in location, child care centre

26. A director may authorize a licensee, in writing and in accordance with the regulations, to operate a child care centre at a premises other than the one specified in the licence for a temporary period that does not exceed the time specified by the director.

Authorization, request by agency

27. (1) A home child care agency may make a written request to a director to authorize it to provide home child care at a premises for more children who are younger than two years old than the number that applies for the purposes of sub-subparagraph 1 iv A or B of subsection 6 (3).

Same

(2) A director may provide the requested authorization, in writing, in accordance with the regulations and may impose conditions on the authorization.

Agency shall comply

(3) The home child care agency shall comply with the conditions imposed on the authorization.

Part IV
Inspections

Appointment of inspectors

28. (1) The Minister may appoint employees of the Government of Ontario as inspectors for the purposes of this Act.

Director is an inspector

(2) A director is, by virtue of his or her office, an inspector.

Powers and duties

(3) An inspector shall have the powers and duties set out in this Act and such other powers and duties as may be prescribed by the regulations.

Restrictions

(4) The Minister may restrict an inspector's powers of entry and inspection to specified premises.

Certificate of appointment

(5) The Minister shall issue to every inspector a certificate of appointment which the inspector shall produce, upon request, when acting in the performance of his or her duties.

Purpose of inspection

29. An inspector may conduct inspections for the purpose of ensuring compliance with this Act and the regulations.

Inspections without warrant

30. (1) An inspector may, at any reasonable time and without a warrant, enter and inspect,

(a) a child care centre;

(b) a premises where in-home services are provided;

(d) a premises where a home child care agency is located;

(e) a premises where the inspector suspects on reasonable grounds that a person is not complying with this Act or the regulations; or

(f) a premises where the inspector suspects on reasonable grounds that child care is provided.

Dwellings

(2) The power to enter and inspect a premises described in clause (1) (f) without a warrant shall not be exercised to enter and inspect a premises that is used as a dwelling, except with the consent of the occupier of the premises.

Powers on inspection

31. (1) An inspector conducting an inspection may,

(a) examine a record or other thing that is relevant to the inspection;

(b) demand the production for inspection of a document or other thing that is relevant to the inspection;

(c) on issuing a written receipt, remove for review and copying a record or other thing that is relevant to the inspection;

(d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business on the premises;

(e) take photographs, video recordings or other visual or audio recordings of the interior or exterior of a premises; and

(f) question a person on matters relevant to the inspection.

Limitation re photographs and recordings

(2) A photograph or recording made under clause (1) (e) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.

Written demand

(3) A demand that a record or other thing be produced for inspection must be in writing and must state,

(a) the nature of the record or thing required; and

(b) when the record or thing is to be produced.

Obligation to produce and assist

(4) If an inspector demands that a record or other thing be produced for inspection, the person having custody of the record or other thing shall produce it for the inspector within the time provided for in the demand, and shall, at the inspector's request,

(a) provide whatever assistance is reasonably necessary to produce a record in a readable form, including using a data storage, processing or retrieval device or system; and

(b) provide whatever assistance is reasonably necessary to interpret a record for the inspector.

Power to exclude persons

(5) An inspector who questions a person under clause (1) (f) may exclude from the questioning any person except counsel for the individual being questioned.

Return of things

(6) A record or other thing that has been removed for review and copying,

(a) shall be made available to the person from whom it was removed on request and at a time and place that are convenient for the person and for the inspector; and

(b) shall be returned to the person within a reasonable time.

Definition of record

(7) In this section,

"record" means any document or record of information, in any form, including a record of personal information.

Warrants

32. (1) An inspector may, without notice, apply to a justice for a warrant under this section.

Issuance of warrant

(2) A justice may issue a warrant authorizing an inspector named in the warrant to enter the premises specified in the warrant, and to exercise any of the powers mentioned in section 31, if the justice is satisfied on information under oath or affirmation,

(a) that,

(i) the premises is a child care centre,

(ii) in-home services are provided at the premises,

(iii) home child care is provided at the premises,

(iv) a home child care agency is located at the premises,

(v) the inspector suspects on reasonable grounds that a person at the premises is not complying with this Act, or

(vi) the inspector suspects on reasonable grounds that child care is provided at the premises; and

(b) that,

(i) the inspector has been prevented from exercising a right of entry to the premises under section 30 or a power under subsection 31 (1), or

(ii) there are reasonable grounds to believe that the inspector will be prevented from exercising a right of entry to the premises under section 30 or a power under subsection 31 (1).

Dwellings

(3) The power to enter a premises described in subsection (2) with a warrant shall not be exercised to enter a premises that is used as a dwelling, except where,

(a) the justice is informed that the warrant is being sought to authorize entry into a dwelling; and

(b) the justice authorizes the entry into the dwelling.

Same, subclause (2) (a) (vi)

(4) Despite subsection (3), the power to enter a premises described in subclause (2) (a) (vi) with a warrant shall not be exercised to enter a premises that is used as a dwelling.

Expert help

(5) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the inspector in the execution of the warrant.

Expiry of warrant

(6) A warrant issued under this section shall name a date on which it expires, which shall be no later than 30 days after the warrant is issued.

Extension of time

(7) A justice may extend the date on which a warrant issued under this section expires for an additional period of no more than 30 days, upon application without notice by the inspector named in the warrant.

Police assistance, etc.

(8) An inspector named in a warrant issued under this section may use whatever force is necessary to execute the warrant and may call upon a police officer for assistance in executing the warrant.

Time of execution

(9) A warrant issued under this section may be executed between 8 a.m. and 8 p.m. only, unless the warrant specifies otherwise.

Other matters

(10) Subsections 31 (3) to (7) apply, with necessary modifications, with respect to the exercise of the powers mentioned in subsection (4) under a warrant issued under this section.

Inspection report

33. (1) After completing an inspection, an inspector shall prepare an inspection report and give a copy of the report to a director and,

(a) if the report is in respect of a child care centre, to the licensee or an employee of the licensee who is in charge of the child care centre;

(b) if the report is in respect of home child care or in-home services, to the relevant home child care agency; or

Copy to provider

(2) A home child care agency shall provide a copy of an inspection report to the provider of any home child care or in-home service that is the subject of the report.

Admissibility of certain documents

34. A copy made under subsection 31 (1) that purports to be certified by the inspector as being a true copy of the original is admissible in evidence in any proceeding to the same extent as, and has the same evidentiary value as, the original.

Criminal reference checks

35. (1) A director or an inspector may require any of the following persons to provide him or her with a criminal reference check concerning the person:

1. A licensee or person who has applied for a licence, or an employee of the licensee or applicant.

2. If the person described in paragraph 1 is a corporation, an officer, director or employee of the corporation or any other person with a controlling interest in the corporation.

3. A person who provides home child care or in-home services.

4. Any other person prescribed by the regulations.

Same, person in violation of s. 9

(2) If a director or inspector believes on reasonable grounds that a person is contravening section 9, the director or inspector may require the person to provide him or her with a criminal reference check concerning the person.

Same

(3) A criminal reference check,

(a) must have been prepared within the period of time prescribed by the regulations; and

(b) must meet any other requirements prescribed by the regulations.

Duty to comply

(4) The person shall provide the director with the criminal reference check as soon as reasonably possible or within such other time period prescribed by the regulations.

Part V
Enforcement

Orders

Compliance orders

36. (1) If a director or inspector believes on reasonable grounds that a person is not in compliance with a provision of this Act or the regulations, the director or inspector may make a compliance order,

(a) ordering the person to comply with the provision;

(b) ordering the person to do or refrain from doing anything specified in the order; and

Requirements

(2) Without limiting the generality of subsection (1), a compliance order may include,

(a) a requirement that the person submit a plan to the director specifying the steps the person will take to come into compliance and to maintain compliance; and

(b) a requirement that the person, or any employee of the person, complete specified educational courses or training.

Content of order

(3) A compliance order shall include the information prescribed by the regulations.

Service

(4) The order shall be served on the person whom the director or inspector believes is not in compliance with this Act or the regulations.

Protection orders

37. (1) If a director or an inspector believes on reasonable grounds that there is an imminent threat to the health, safety or welfare of any children for whom child care is provided, the director or inspector shall make a protection order as follows:

1. If the child care is provided at a child care centre, the order,

i. shall order the licensee to stop operating the child care centre until the director is satisfied that the order has been complied with,

ii. shall order the licensee to eliminate the threat by taking any steps set out in the order, and

iii. shall suspend the licence.

2. If the child care is home child care or an in-home service, the order,

i. shall order the child care provider to stop providing the child care until the director is satisfied that the order has been complied with,

ii. shall order the child care provider and the home child care agency to eliminate the threat by taking any steps set out in the order,

iii. may order the home child care agency to stop operating until the director is satisfied that the order has been complied with, and

iv. may suspend the home child care agency's licence.

3. If paragraphs 1 and 2 do not apply, the order,

i. shall order the child care provider to stop providing the child care that is the subject of the order until the director is satisfied that the order has been complied with, and

ii. shall order the child care provider to eliminate the threat by taking any steps set out in the order.

Purpose of protection order

(2) A protection order may be made under this section for the purpose of,

(a) eliminating the threat to the health, safety, or welfare of the children; or

(b) protecting the children from such threat.

Content of order

(3) A protection order shall,

(a) set out the reasons for the order;

(b) state that the person who is required to comply with the order is entitled to a hearing by the Tribunal if the person, within 15 days after receiving the order, serves a written request for a hearing on a director and the Tribunal; and

Service

(4) The order shall be served on any person who is subject to the order.

Notice to parents, etc.

(5) A director or inspector,

(a) shall post a notice of the order, in a manner approved by the Minister, at the premises where the child care is provided; and

(b) may provide notice of the order to the parents of the children for whom the care is provided.

Removal of posted notice

Suspension effective immediately

(7) The suspension is effective immediately upon the earlier of,

(a) the posting of the notice of the protection order at the premises where the child care is provided; and

(b) the day on which the protection order is served.

Suspension not stayed

(8) The suspension is not stayed by an appeal to the Tribunal.

Director may lift suspension

(9) The suspension may be lifted by the director at any time upon being satisfied that the protection order has been complied with.

Hearing

(10) Subsections 23 (8) to (11) apply with necessary modifications to a hearing before the Tribunal and, for the purposes of clause 23 (9) (a), the Tribunal may order that the protection order be continued, with or without amendments, or substitute its opinion for that of the director or inspector.

Restraining orders by court

38. (1) If a director believes on reasonable grounds that the provision of child care by a particular person poses an imminent threat to the health, safety or welfare of any children, the director may apply to the Superior Court of Justice for an order to restrain the person from providing child care.

Interim order

(2) In a proceeding under subsection (1), a judge may, on application of the director, grant an interim order described in that subsection if the judge believes, based on the evidence before him or her, that it is in the public interest to do so.

Same

(3) A judge may grant an interim order even though the director has not established that irreparable harm will be done if the order is not issued.

Same

(4) A judge shall not require the director to post a bond or give an undertaking as to damages when granting an interim order.

Variations or discharge

(5) Any person may apply to the Superior Court of Justice for an order varying or discharging any order made under subsection (1).

Administrative Penalties

Notice of administrative penalty

39. (1) A director or inspector may issue a notice in writing requiring a person to pay an administrative penalty in the amount set out in the notice if the director or inspector is of the opinion that the person has contravened this Act or the regulations.

Purpose of administrative penalty

(2) A notice of administrative penalty may be issued under this section for the purpose of,

(a) encouraging compliance with this Act and the regulations; or

(b) preventing a person from deriving, directly or indirectly, any economic benefit as a result of a contravention of this Act or the regulations.

Amount of administrative penalty

(3) Subject to subsection (4), the amount of an administrative penalty in respect of a contravention,

(a) shall not exceed $100,000;

(b) shall be determined by the director or inspector in accordance with the regulations; and

Same, reduction

(4) The director or inspector shall reduce the amount of an administrative penalty determined under clause (3) (b) if he or she determines that the amount is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances.

One-year limitation

(5) A notice of administrative penalty shall not be issued under this section more than one year after the day the most recent contravention on which the notice is based first came to the knowledge of a director or inspector.

Content of notice of administrative penalty

(6) A notice of administrative penalty shall,

(a) contain or be accompanied by information setting out the nature of the contravention including, if relevant, the date on which and location where the contravention occurred;

(b) set out the amount of the penalty to be paid and specify the time and manner of the payment; and

Right to review

(7) A person who receives a notice of administrative penalty may require a designated senior employee to review the notice by applying to the designated senior employee for a review in a form approved by the Minister,

(a) within 15 days after the notice is served; or

(b) within a longer period specified by the designated senior employee, if he or she considers it appropriate in the circumstances to extend the time for applying.

If no review requested

(8) If a person who has received a notice of administrative penalty does not apply for a review under subsection (7), the person shall pay the penalty within 30 days after the day the notice was served.

If review requested

(9) If a person who has received a notice of administrative penalty applies for a review under subsection (7), the designated senior employee shall conduct the review in accordance with the regulations.

Notice to parents, etc.

(10) If a person who has received a notice of administrative penalty applies for a review under subsection (7), a director shall, within 30 days after the day the notice is served,

(a) post a summary of the notice of administrative penalty, in a manner approved by the Minister, at the premises where the child care is provided; or

(b) provide a summary of the notice of administrative penalty to the parents of the children for whom the care is provided.

Removal of posted notice

(11) No person, other than a director or inspector, shall remove a notice posted under clause (10) (a) unless the person is authorized to do so by a director or inspector or the circumstances prescribed by the regulations exist.

Designated senior employee's decision

(12) Upon a review, the designated senior employee may,

(a) find that the person did not contravene the provision of this Act or regulations specified in the notice of administrative penalty, and rescind the notice;

(b) find that the person did contravene the provision of this Act or regulations specified in the notice of administrative penalty and affirm the notice; or

(c) find that the person did contravene the provision but that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances, and in that case the employee shall amend the notice by reducing the amount of the penalty.

Decision final

(13) The designated senior employee's decision is final.

Non-application of SPPA

(14) The Statutory Powers Procedure Act does not apply to a decision made under subsection (4) or to a review conducted under subsection (9).

Payment after review

(15) If the designated senior employee finds under clause (12) (b) or (c) that a person has contravened the provision of this Act or regulations specified in the notice of administrative penalty, the person shall pay the penalty required by the designated senior employee within 30 days after the day the decision was made.

Payment to Minister of Finance

(16) A person who is required to pay an administrative penalty under this section shall pay the penalty to the Minister of Finance.

Enforcement of administrative penalty

40. (1) If a person who is required to pay an administrative penalty under section 39 fails to pay it within the time required under subsection 39 (8) or (15), the notice of administrative penalty or the designated senior employee's decision, as the case may be, may be filed with a local registrar of the Superior Court of Justice and may be enforced as if it were an order of the court.

Same

(2) Section 129 of the Courts of Justice Act applies in respect of a notice of administrative penalty or decision filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date on which the notice of administrative penalty or decision is filed under subsection (1) is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act.

Crown debt

41. An administrative penalty imposed under section 39 that is not paid within the time required under that section is a debt due to the Crown and enforceable as such.

Director may authorize collector

42. (1) A director may authorize any person to act as a collector for the purposes of this section and sections 43 and 44 and to exercise the powers that the director specifies in the authorization to collect administrative penalties owing under this Act.

Costs of collection

(2) Despite clause 22 (a) of the Collection Agencies Act, the director may also authorize a collector to collect a reasonable fee or reasonable disbursements or both from each person from whom the collector seeks to collect administrative penalties owing under this Act.

Same

(3) The director may impose conditions on an authorization under subsection (2) and may determine what constitutes a reasonable fee or reasonable disbursements for the purposes of that subsection.

Exception re disbursements

(4) The director shall not authorize a collector who is required to be registered under the Collection Agencies Act to collect disbursements.

Collector's powers

43. (1) A collector may exercise any of the powers specified in an authorization of a director under section 42.

Fees and disbursements part of order

(2) If a collector is seeking to collect an administrative penalty owing under a notice of administrative penalty or decision of a designated senior employee, any fees and disbursements authorized under subsection 42 (2) are deemed to be owing under and are deemed to be added to the amount of the penalty set out in the notice or decision.

Distribution of money collected

(3) A collector shall pay the amount collected under this section with respect to the penalty to the Minister of Finance and may retain the amount collected with respect to the collector's fees and disbursements.

Settlement by collector

44. (1) A collector may agree to a settlement with the person from whom he or she seeks to collect money, but only with the written agreement of a director.

Payment

(2) The person who owes money under a settlement shall pay the amount agreed upon to the collector, who shall deal with it in accordance with subsection 43 (3).

General

Enforcement measures

45. (1) Subject to subsections (2) and (3), the use of an enforcement measure provided for in this Act in respect of a contravention of this Act or the regulations does not prohibit the use, at the same time or different times, of any other enforcement measure or remedy provided for in this Act or otherwise available in law in respect of the same contravention.

Exception

(2) No notice of administrative penalty shall be issued to a person in respect of a contravention of this Act or the regulations if the person is being or has been prosecuted in respect of the same contravention.

Same

(3) No prosecution shall be commenced against a person in respect of a contravention of this Act or the regulations if a notice of administrative penalty has been issued to the person in respect of the same contravention and has not been withdrawn.

Consideration of past conduct

46. In making a decision under this Act, a director or the Tribunal may consider any person's current or past failures to comply with this Act or the regulations that the director or Tribunal considers relevant.

Part VI
Service System planning for child care and early years programs and services

Interpretation

47. (1) In this Part, despite the definition of "child care and early years programs and services" in subsection 2 (1), references to that term apply only to,

(a) programs and services that provide licensed child care;

(b) authorized recreational and skill building programs; and

Same

(2) For the purposes of this Part, the power to establish, administer, operate or fund programs and services includes the power to do so directly or indirectly.

Non-application of Part V

48. Part V does not apply with respect to the enforcement of sections 49 to 62 or the regulations made for the purposes of those sections.

Provincial Interest

Provincial interest

49. (1) It is a matter of provincial interest that there be a system of child care and early years programs and services that,

(a) is focused on Ontario's children and families;

(b) promotes the health, safety and well-being of children;

(c) provides high quality experiences and positive outcomes for children by including a common approach to pedagogy across Ontario;

(d) includes knowledgeable, self-reflective and qualified professionals and staff, including members of the College of Early Childhood Educators;

(e) responds to communities' needs by,

(i) providing services both for families who receive financial assistance for child care and for families who do not receive such financial assistance,

(ii) providing a range of service options to support parents who are part of the workforce, such as options that address varied working hours and arrangements, and

(iii) providing centre-based and home-based options for families in relation to the receipt of licensed child care;

(f) respects equity, inclusiveness and diversity in communities and the particular qualities of,

(i) Aboriginal, First Nations, Métis and Inuit communities,

(ii) Francophone communities, and

(iii) urban, rural, remote and northern communities;

(g) provides for strong and sustainable partnerships among the Province, service managers and others in the community;

(h) is co-ordinated with other community and human services;

(i) is flexible and able to adapt to local circumstances;

(j) supports the social and economic well-being of Ontarians;

(k) ensures appropriate accountability for public funding;

(l) supports the transition from child care and early years programs and services to school;

(m) approaches pedagogy in child care and early years programs and services in a manner that supports the transition referred to in clause (l);

(n) addresses any other aspect prescribed by the regulations.

Additional matters declared by LG in C

(2) The Lieutenant Governor in Council may, by regulation, declare additional matters to be matters of provincial interest for the purposes of this Part.

Duty to co-operate

50. (1) The Minister and service managers shall co-operate with each other for the purposes of promoting the health, safety and well-being of children.

Same

(2) For the purposes of subsection (1), the duty to co-operate includes the duty to provide access to and share information relating to child care and early years programs and services.

Child Care and Early Years Programs and Services Plans

Child care and early years programs and services plan

51. (1) Each service manager shall have a child care and early years programs and services plan for its service area.

Content

(2) The plan must,

(a) address the matters of provincial interest under section 49, including each aspect of the system described in subsection 49 (1);

(b) be consistent with the policy statements issued under subsection 55 (2); and

Other requirements

(3) The plan must comply with any procedural requirements prescribed by the regulations, including requirements relating to the frequency with which a plan must developed, reviewed, updated or approved.

Consultation

(4) In developing the plan, the service manager shall consult with school boards and other prescribed persons or entities in accordance with the regulations, and those persons or entities shall cooperate with the service manager for that purpose.

Approval of plan

(5) A plan shall not be implemented before it is approved,

(a) by the council of the municipality, if the service manager is a municipality; and

(b) by the members of a district social services administration board, if the service manager is such a board.

Implementation of plan

52. (1) A service manager shall implement its child care and early years programs and services plan.

Duty to cooperate

(2) The service manager, school boards and persons or entities prescribed for the purposes of subsection 51 (4) shall cooperate with each other for the purpose of implementing the plan.

Minister's Role

Role of Minister

53. (1) The role of the Minister includes,

(a) developing and promoting an overview of the system of child care and early years programs and services and aspirational goals for the system;

(b) supporting the provision of child care and early years programs and services across the province;

(c) coordinating efforts with other ministries in relation to programs and services that support the learning, development, health and well-being of children;

(d) encouraging high quality experiences that support children's learning, development, health and well-being; and

(e) administering the licensing framework set out in this Act.

Interpretation

(2) For greater certainty, subsection (1) does not impose duties on the Minister or limit the generality of the powers conferred on the Minister by this or any other Act.

General powers of Minister

54. (1) The Minister may,

(a) establish, administer, operate and fund child care and early years programs and services;

(b) provide financial assistance for persons who are charged fees in respect of licensed child care, authorized recreational and skill building programs or extended day programs, in accordance with the regulations; and

(c) fund and provide financial assistance for other programs or services prescribed by the regulations that provide or support temporary care for or supervision of children.

Same, funding

(2) Without limiting the generality of clause (1) (a), the Minister's powers under that clause include the power to fund capital projects and research and development.

Ministerial agreements

(3) The Minister may enter into agreements with service managers, or any other persons prescribed by the regulations, for the purposes of subsection (1).

Interpretation

(4) For greater certainty, this section does not limit the generality of the powers conferred on the Minister by this or any other Act.

Minister's policy statements - provincial interest, programming and pedagogy, etc.

General

55. (1) The Minister may issue policy statements relating to the operation of child care and early years programs and services and any other matter dealt with under this Part.

Matters of provincial interest

(2) For the purpose of guiding service managers in developing and implementing their child care and early years programs and services plans, the Minister may issue policy statements on matters relating to child care and early years programs and services that are of provincial interest under section 49, including policy statements addressing aspects of the system described in subsection 49 (1).

Programming and pedagogy

(3) For the purpose of guiding operators of child care and early years programs and services in developing their programs and services, the Minister may issue policy statements regarding programming and pedagogy that constitute high quality child care and early years programming and pedagogy that support children's learning and development.

Same

(4) In developing policy statements under subsection (1), the Minister shall consider the particular qualities of Aboriginal, First Nations, Métis and Inuit communities and Francophone communities.

Joint issue

(5) The Minister may issue a policy statement alone or together with any other minister.

Legislation Act, 2006

(6) For greater certainty, Part III (Regulations) of the Legislation Act, 2006 does not apply to a policy statement made under this section.

Role of Service Managers, First Nations and Prescribed Local Authorities

Duties of service manager

56. In addition to any other duties under this Act, a service manager shall,

(a) develop and administer local policies respecting the operation of child care and early years programs and services;

(b) administer the delivery of financial assistance provided by the Minister under clause 54 (1) (b), in accordance with the regulations;

(c) coordinate the planning and operation of child care and early years programs and services with the planning and provision of other human services delivered by the service manager;

(d) assess the economic viability of the child care and early years programs and services in the service area and, if necessary, make or facilitate changes to help make such programs and services economically viable;

(e) perform such other duties as may be prescribed by the regulations.

General powers of service manager

57. (1) A service manager may,

(a) establish, administer, operate and fund child care and early years programs and services;

(b) provide financial assistance for persons who are charged fees in respect of licensed child care, authorized recreational and skill building programs and extended day programs, in accordance with the regulations;

(c) fund and provide financial assistance for other programs or services prescribed by the regulations that provide or support temporary care for or supervision of children;

(d) provide assistance to persons who operate child care and early years programs and services to improve their capabilities in relation to matters such as governance, financial management and the planning and delivery of programs and services;

(e) evaluate and assess the impact of public funding; and

(f) exercise such other powers as may be prescribed by the regulations.

Natural person powers

(2) For greater certainty, a service manager may use its powers under the following provisions for the purposes of this Act:

1. If the service manager is a municipality, section 9 of the Municipal Act, 2001 or section 7 of the City of Toronto Act, 2006.

2. If the service manager is a district social services administration board, sections 274 and 275 of the Corporations Act.

Powers not exclusive

(3) Paragraphs 5 and 6 of subsection 11 (4) of the Municipal Act, 2001 do not apply with respect to a service manager's powers under this section.

Clarification on powers - municipal service managers

(4) For the purposes of this Act, section 19 of the Municipal Act, 2001 does not limit a service manager that is a municipality from exercising its powers under this Act or under section 9 of the Municipal Act, 2001 throughout its service area.

Provision of Municipal Act, 2001 - dssab service managers

(5) For the purposes of this Act, the following provisions of the Municipal Act, 2001 and the regulations that relate to those provisions apply, with necessary modifications, to a service manager that is a district social services administration board:

1. Section 107.

2. Subsections 110 (1), (2), (3), (4), (10) and (11).

3. Subsections 417 (1), (2) and (3).

4. Subsections 418 (1), (2), (3) and (4).

Prohibition re assistance does not apply

(6) Section 106 of the Municipal Act, 2001 and section 82 of the City of Toronto Act, 2006 do not apply with respect to assistance for child care and early years programs and services.

Periodic reports to Minister

58. (1) At the times prescribed by the regulations, a service manager shall give the Minister reports on the following:

1. The implementation of its child care and early years programs and services plan.

2. The service manager's establishment, administration, operation and funding of child care and early years programs and services.

3. Such other matters as may be prescribed by the regulations.

Manner and contents

(2) The reports required under subsection (1) must be given in a manner authorized by the Minister and must include the prescribed information and the prescribed documents.

Other reports, etc., to Minister

59. (1) A service manager shall give the Minister,

(a) such reports as the regulations require; and

(b) such reports, documents and information as the Minister requests.

Timing

(2) A service manager shall give reports, documents and information requested under clause (1) (b) at the times the Minister specifies.

Manner

(3) The reports, documents and information required under subsection (1) must be given in a manner authorized by the Minister.

General powers of First Nations

60. (1) A First Nation or group of First Nations may establish, administer, operate and fund child care and early years programs and services.

Agreements between Minister and First Nations

(2) The Minister and a First Nation or group of First Nations may enter into an agreement for the purposes of subsection (1).

Powers and duties under agreement

(3) An agreement described in subsection (2) may provide that a First Nation may exercise and perform any powers or duties of a service manager provided for under this Act.

Delegation by First Nation

(4) A First Nation may delegate to another First Nation or to a person prescribed by the regulations, in writing, any of the First Nation's powers or duties provided for under this Act or under an agreement described in subsection (2).

General powers of prescribed local authorities

61. (1) A prescribed local authority may establish, administer, operate and fund child care and early years programs and services.

Power to enter into agreements

(2) A prescribed local authority may enter into an agreement for the purposes of subsection (1).

Agreements between Minister and prescribed local authority

(3) The Minister and a prescribed local authority may enter into an agreement for the purposes of subsection (1).

Powers and duties under agreement

(4) An agreement described in subsection (3) may provide that a prescribed local authority may exercise any powers and shall perform any duties of a service manager that are provided for under this Act and specified in the agreement.

Restriction on service manager

(5) A service manager shall not exercise the powers or perform the duties that are specified in an agreement under subsection (4).

Additional powers and duties

(6) For the purposes of this Part, a prescribed local authority shall have such other powers and duties as may be prescribed by the regulations.

Advice to director re licensing

62. (1) For the purposes of clause 23 (1) (f), a service manager may provide advice to a director regarding the issuance of a licence if, in its opinion, the licence would authorize the provision of child care in the service area that is inconsistent with its child care and early years programs and services plan.

Same, First Nations and prescribed local authorities

(2) A First Nation or prescribed local authority may provide the advice described in subsection (1), if it is authorized or required by an agreement or the regulations to have a child care and early years programs and services plan.

Part VII
General

Non-application of Part V

63. Part V does not apply with respect to the enforcement of sections 64 to 79, 83 and 84 or the regulations made for the purposes of those sections.

Administration

Administration of Act

64. The Minister is responsible for the administration of this Act.

Service managers

65. (1) The regulations shall designate the municipalities and district social services administration boards that are service managers for the purposes of this Act.

Service areas

(2) The regulations shall specify the geographic area that is the service area of each service manager for the purposes of this Act.

Directors

66. (1) The Minister shall appoint, in writing, one or more persons employed in the Ministry to be directors for the purposes of this Act.

Powers and duties

(2) A director shall have the powers and duties set out in this Act and such other powers and duties as may be prescribed by the regulations.

Acting directors

(3) A director's powers may be exercised and duties may be performed by an employee in the Ministry appointed as an acting director if,

(a) the director is absent or unable to act; or

(b) an individual who was appointed as a director has ceased to be a director and no new director has been appointed in his or her place.

Same, appointment

(4) An acting director shall be appointed by the Minister.

Delegation to Ministry employees

67. (1) The Minister may delegate to any person employed in the Ministry any of the Minister's powers or duties under this Act.

Same

(2) The delegation must be made in writing and is subject to such limitations, conditions and requirements as are set out in it.

Subdelegation

(3) In a delegation, the Minister may authorize a person to whom a power or duty is delegated to delegate the power or duty to other persons employed in the Ministry, subject to such limitations, conditions and requirements as the person may impose.

Presumption

(4) A person who purports to exercise a delegated power or perform a delegated duty shall be presumed conclusively to act in accordance with the delegation.

Program advisers

68. (1) The Minister may designate, in writing, any person as a program adviser for the purposes of this Act.

Powers and duties

(2) A program adviser shall have such powers and duties as may be prescribed by the regulations.

Restrictions

(3) In a designation, the Minister may impose conditions or restrictions on a program adviser's powers and duties.

Remuneration and expenses

(4) The remuneration and expenses of any person appointed under subsection (1) who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 shall be fixed by the Minister.

Personal Information and Ontario Education Numbers

Collection and use of personal information - Minister

69. (1) The Minister may collect personal information, directly or indirectly, for purposes related to the following matters, and may use it for those purposes:

1. Administering this Act and the regulations.

2. Ensuring compliance with this Act and the regulations.

3. With respect to child care and early years programs and services that the Ministry establishes, administers, operates or funds, in whole or in part,

i. planning, delivering, evaluating and monitoring the programs and services,

ii. allocating resources to the programs and services, and

iii. detecting, monitoring and preventing fraud and the unauthorized receipt of services and benefits related to the funding.

4. To determine or verify a person's eligibility to participate in a child care or early years program or service or to receive financial assistance under this Act.

5. Implementing risk management, error management or activities to improve or maintain the quality of the programs and services that the Ministry provides or funds, in whole or in part.

6. Conducting evaluations of child care and early years programs and services.

7. Conducting research and analysis, including longitudinal studies, and statistical activities conducted by or on behalf of the Ministry for purposes that relate to,

i. child care and early years programs and services,

ii. education,

iii. the transition from child care and early years programs and services to school, and the resulting outcomes,

iv. the matters of provincial interest under section 49, and

v. programs and services that support the learning, development, health and well-being of children, including programs and services provided or funded by other ministries.

Limits on collection and use

(2) The Minister shall not collect or use personal information if other information will serve the purpose of the collection or use.

Same

(3) The Minister shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use.

Disclosure and sharing

(4) The Minister, the Minister of Finance and other ministers who may be prescribed by the regulations may disclose personal information to and indirectly collect personal information from each other for the purposes identified in paragraphs 3, 4 and 7 of subsection (1).

Deemed compliance

(5) A disclosure of personal information under subsection (4) is deemed to be for the purposes of complying with this Act.

Requiring disclosure

(6) The Minister may require any of the following persons to disclose to him or her such personal information as is reasonably necessary for the purposes described in subsection (1):

1. A person who provides or operates a prescribed child care or early years program or service.

2. A person who has information that is relevant to any of the purposes described in subsection (1).

Time and form of disclosure

(7) The Minister may specify the time at which and the form in which the personal information required from a person under subsection (6) must be provided and the secure method to be used in the transfer of the information.

Notice required by s. 39 (2) of FIPPA

(8) If the Minister collects personal information indirectly under subsection (1), the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act shall be given by,

(a) a public notice posted on the Ministry's website or the Government of Ontario's website; or

(b) any other method that may be prescribed by the regulations.

Collection and use of personal information - service manager, etc.

70. (1) A service manager, First Nation or prescribed local authority may collect personal information, directly or indirectly, for purposes related to the following matters, and may use it for those purposes:

1. With respect to child care and early years programs and services that the service manager, First Nation or prescribed local authority establishes, administers, operates or funds, in whole or in part,

i. planning, delivering, evaluating and monitoring the programs and services,

ii. allocating resources to the programs and services, and

iii. detecting, monitoring and preventing fraud and the unauthorized receipt of services and benefits related to the funding.

2. To determine or verify a person's eligibility to participate in a child care or early years program or service or to receive financial assistance under this Act.

3. Implementing risk management, error management or activities to improve or maintain the quality of the programs and services that the service manager, First Nation or prescribed local authority provides or funds, in whole or in part.

Limits on collection and use

(2) The service manager, First Nation or prescribed local authority shall not collect or use personal information if other information will serve the purpose of the collection or use.

Same

(3) The service manager, First Nation or prescribed local authority shall not collect or use more personal information than is reasonably necessary to meet the purpose of the collection or use.

Requiring disclosure

(4) The service manager, First Nation or prescribed local authority may require any of the following persons to disclose to it such personal information as is reasonably necessary for the purposes described in subsection (1):

1. A person who provides or operates a prescribed child care or early years program or service.

2. A person who has information that is relevant to a determination or verification described in paragraph 2 of subsection (1).

Time and form of disclosure

(5) The service manager, First Nation or prescribed local authority may specify the time at which and the form in which the personal information required from a person under subsection (4) must be provided and the secure method to be used in the transfer of the information.

Assignment of numbers

71. (1) The Minister may assign an Ontario education number to a child who,

(a) is registered or seeks to be registered in,

(i) a program or service that includes the provision of licensed child care, or

(ii) an early years program or service prescribed by the regulations; and

(b) has not already been assigned an Ontario education number under the Education Act.

Same

(2) The persons described in subsection (3) are authorized to collect personal information, directly or indirectly, and to use and disclose personal information, for the purposes of,

(a) assigning Ontario education numbers under subsection (1); and

(b) validating and updating the numbers and the personal information associated with them.

Same

(3) Subsection (2) applies to,

(a) the officers of and employees in the Ministry; and

(b) persons who provide or operate programs and services described in subclauses (1) (a) (i) and (ii).

Same

(4) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act and subsection 29 (2) of the Municipal Freedom of Information and Protection of Privacy Act do not apply to a collection under subsection (2).

Same

(5) The disclosure of information under subsection (2) is deemed to be for the purposes of complying with this Act and the Education Act.

Privacy, Ontario education numbers

72. (1) No person shall collect, use or disclose or require the production of another person's Ontario education number, except as permitted by this section, by the Education Act or otherwise by law.

Exception, re privacy

(2) Despite subsection 266.3 (1) of the Education Act, a person who provides or operates any of the following programs or services may collect, use or disclose or require the production of a person's Ontario education number for purposes related to the provision of child care or early years programs or services to that person:

1. A program or service that includes the provision of licensed child care.

2. An early years program or service prescribed by the regulations.

Same

(3) Despite subsection 266.3 (1) of the Education Act, a person listed in subsection (4) may collect, use, disclose or require the production of Ontario education numbers for purposes related to,

(a) the administration of child care and early years programs and services;

(b) the funding of those programs and services and the provision of financial assistance with respect to them; and

Same

(4) Subsection (3) applies to,

(a) the Minister;

(b) a person who provides or operates a prescribed child care or early years program or service; and

Miscellaneous

Service

73. (1) Any notice, order or request made or issued under this Act is sufficiently given or served if it is delivered personally, sent by mail or sent or delivered by another method, if the sender can prove receipt.

Deemed service

(2) If a notice, order or request is served by mail, the service is deemed to be made on the fifth day after the day of mailing unless the person on whom the document is served establishes that he, she or it did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control, receive it until a later date.

Certain child care centres in schools: building requirements, etc.

74. (1) For the purposes of any standard or requirement in any Act, regulation or municipal by-law relating to the safety of buildings or other accommodations, a child care centre, or part of a child care centre, that is located in a school and is described in subsection (2) is deemed to be a part of the school that is used to provide instruction to pupils and, as such, the same standards or requirements that apply to the school apply to the child care centre.

Application, age of children

(2) Subsection (1) applies to a child care centre or a part of a child care centre that provides child care only for children who,

(a) are four years old or older; or

(b) if the child care is provided on or after September 1 in a calendar year, will attain the age of four in that year.

Conflict

(3) In the event of a conflict between subsection (1) and another Act, regulation or municipal by-law, subsection (1) prevails.

Prohibition - obstruction of inspector

75. No person shall,

(a) hinder, obstruct or interfere with an inspector conducting an inspection;

(b) refuse to answer questions on matters relevant to the inspection; or

(c) provide the inspector with information on matters relevant to the inspection that the person knows to be false or misleading.

Prohibition - false or misleading information

76. (1) No person shall knowingly give false or misleading information to the Minister, a director, an inspector or a designated senior employee in respect of any matter related to this Act or the regulations.

Same

(2) No person shall knowingly include false or misleading information in any application, report or other document required to be given to the Minister, a director, an inspector or a designated senior employee under this Act.

List of offences

77. (1) Every person who contravenes or fails to comply with any of the following provisions of this Act is guilty of an offence:

1. Subsection 6 (1) (Prohibition re operation of child care centre).

2. Section 7 (Prohibition re operation of home child care agency).

3. Section 8 (Prohibition re operating multiple premises).

4. Subsection 9 (1) or clause 9 (3) (a) (Prohibition re past conduct of provider).

5. Subsection 10 (1) or (2) (Prohibition re preventing parental access).

6. Subsection 11 (1), (3) or (4) (Prohibition re use of licensing terms, etc.).

7. Subsection 14 (6) (Duty to return licence and signage).

8. Section 16 (Accrediting programs and services).

9. Subsection 17 (1) or (3) (Prohibition re use of accreditation terms, etc.).

10. Subsection 72 (1) (Prohibition re Ontario education numbers).

11. Section 75 (Prohibition re obstruction of inspector).

12. Subsection 76 (1) or (2) (Prohibition re false or misleading information).

Offence re orders

(2) Every person who fails to comply with an order made under section 36, 37 or 38 is guilty of an offence.

Penalties for offences

78. A person convicted of an offence under this Act is liable to a fine of not more than $250,000, imprisonment for a term of not more than one year, or both.

Minister's review of Act

79. (1) The Minister shall conduct a review of this Act within five years after this section comes into force.

Same

(2) The Minister shall,

(a) inform the public when a review under this section begins; and

(b) prepare a written report respecting the review and make that report available to the public.

Regulations

Regulations - Minister

80. (1) The Minister may make regulations,

(a) governing all aspects of the provision of child care and the operation of child care and early years programs and services, other than anything referred to in subsection 81 (1), including,

(i) governing the management, operation and use of child care centres,

(ii) governing the management, operation and functions of home child care agencies,

(iii) governing the management and operation of child care and early years programs and services;

(b) prescribing or otherwise providing for anything required or permitted under this Act, other than anything referred to in subsection 81 (1), to be prescribed or otherwise provided for in the regulations, including governing anything required or permitted to be done in accordance with the regulations;

Same re clause (1) (a)

(2) Without limiting the generality of clause (1) (a), the power to make regulations under that clause includes the power to make regulations,

(a) prescribing standards and requirements that apply to child care or early years programs or services, including standards and requirements relating to,

(i) programming and pedagogy,

(ii) the buildings and other accommodations where child care and early years programs and services are provided and the facilities, equipment and services that must be available at the buildings and other accommodations,

(iii) any other health and safety matters;

(b) requiring licensees, other operators or child care providers to ensure that the standards and requirements prescribed under clause (a) are met,

(c) respecting the establishment, construction, alteration and renovation of premises where licensed child care is provided;

(d) governing the circumstances in which and the ways in which operators of child care or early years programs or services shall engage parents in matters relating to the provision of those programs or services, including requiring operators of child care centres to ensure that parents are represented on a board of directors;

(e) governing inspections conducted under Part IV;

(f) requiring licensees or other operators of child care and early years programs and services to,

(i) ensure that specified screening measures are conducted before hiring staff and accepting volunteers, including requiring the licensees or operators to obtain criminal reference checks with respect to those persons,

(ii) obtain regular declarations from staff and volunteers, including declarations about criminal convictions from persons for whom a criminal reference check was required.

Regulations - Lieutenant Governor in Council

81. (1) The Lieutenant Governor in Council may make regulations,

(a) defining any term that is used in this Act and that is not defined in this Act;

(b) clarifying whether or not an activity constitutes an exempt circumstance;

(c) prescribing persons, premises, programs, services or circumstances for the purposes of paragraph 11 of subsection 4 (1);

(d) respecting the number of children that may be at a child care centre and the number of child care providers that shall be at a child care centre, including prescribing requirements relating to the age of those children;

(e) for the purposes of paragraph 1 of subsection 6 (3),

(i) prescribing the number of children for whom home child care may be provided in the circumstances described in sub-subparagraph 1 i A of subsection 6 (3), in accordance with subsection 6 (6),

(ii) authorizing child care to be provided in the circumstances described in sub-subparagraph 1 i B of subsection 6 (3) and prescribing the number of children for whom home child care may be provided in those circumstances,

(iii) prescribing the number of children who are younger than two years old for whom home child care may be provided, for the purposes of sub-subparagraph 1 iv B of subsection 6 (3);

(f) prescribing the number of children for whom child care may be provided for the purposes of subparagraph 2 i of subsection 6 (3);

(g) prescribing criteria for the purposes of subparagraph 3 v of subsection 6 (3) or paragraph 5 of subsection 6 (4);

(h) prescribing persons, premises, programs, services or circumstances for the purposes of paragraph 4 of subsection 6 (3);

(i) respecting whether subsection 6 (1) applies in respect of the provision of child care if it is provided as part of an authorized recreational and skill building program;

(j) exempting a person from the application of subsection 6 (1) on a temporary basis in circumstances where the person was providing home child care or in-home services that were overseen by a home child care agency and the agency's licence was suspended;

(k) governing the qualifications of child care providers, including requiring operators of child care or early years programs or services to employ persons who have certain qualifications;

(l) establishing training courses or prescribing training requirements that relate to the operation of child care or early years programs or services or home child care agencies;

(m) requiring persons who operate the programs, services or agencies referred to in clause (l) to complete the training courses or requirements established or prescribed under that clause, including, if a person is a corporation, its officers, directors or employees or any other person with a controlling interest in a corporation;

(n) governing the amount or the method of determining the amount that may be charged by a person for the provision of licensed child care;

(o) governing accreditations, certifications and other designations indicating that certain standards or requirements are met by a child care or early years program or service, including,

(i) prohibiting persons from providing such accreditations, certifications and other designations,

(ii) prescribing requirements that apply to persons who provide such accreditations, certifications and other designations,

(iii) prescribing criteria that must be met by programs or services that receive such accreditations, certifications or other designations;

(p) governing the fees payable by applicants for licences or the renewal of licences;

(q) governing administrative penalties and all matters necessary and incidental to the administration of a system of administrative penalties under this Act;

(r) designating municipalities and district social services administration boards as service managers;

(s) specifying the geographic area that is the service area of each service manager;

(t) respecting the distribution of powers and duties among service managers and prescribed local authorities if their powers or duties in relation to child care or early years programs or services overlap;

(u) respecting funding agreements entered into under subsection 54 (3), including prescribing requirements or restrictions that apply to cost sharing arrangements;

(v) governing the apportionment of costs incurred pursuant to a cost sharing arrangement included in an agreement under subsection 54 (3), including,

(i) requiring specified municipalities to share in the apportionment of costs incurred by a service manager or prescribed local authority, and respecting the manner in which that share shall be recovered by the service manager or prescribed local authority,

(ii) respecting the method of determining the apportionment of costs,

(iii) authorizing the parties referred to in subclause (i) to determine, by agreement, the apportionment of costs and the manner in which the costs shall be recovered, and prescribing conditions that apply in such circumstances,

(iv) providing for an arbitration process for determining the apportionment of costs,

(v) requiring a municipality that fails to pay its portion of the costs to pay a penalty to the Province and governing the amount or the method of determining the amount of the penalty;

(w) governing the provision of financial assistance provided for under this Act, including eligibility for, applications for and payment of the financial assistance;

(x) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of sections 71 and 72 in relation to Ontario education numbers, including,

(i) prescribing early years programs or services for the purposes of paragraph 2 of subsection 72 (2),

(ii) prescribing persons or entities for the purposes of clause 72 (4) (c),

(iii) regulating the manner in which personal information is collected,

(iv) requiring persons who operate child care or early years programs or services to use Ontario education numbers for certain purposes;

(y) governing a system for the establishment of records in respect of children registered in child care and early years programs and services, including requiring persons who operate child care and early years programs and services to establish, maintain, retain, transfer and dispose of the records.

Same

(2) In addition to its powers under subsection (1), the Lieutenant Governor in Council may make regulations doing anything that may be done by the Minister under section 80.

Personal information

(3) A regulation made under clause (1) (y) may require the disclosure of personal information.

Retroactivity and incorporation by reference

Retroactivity

82. (1) A regulation under this Act is, if it so provides, effective with reference to a period before it is filed.

Rolling incorporation by reference

(2) If a regulation made under this Act incorporates a document by reference, in whole or in part, the document may be incorporated as amended from time to time, whether the amendment was made before or after the regulation was made.

Public consultation before making regulations

83. (1) The Minister or the Lieutenant Governor in Council shall not make any regulation under section 80 or 81, as the case may be, unless,

(a) the Minister has published a notice of the proposed regulation on a government website and in any other format the Minister considers advisable;

(b) the notice complies with the requirements of this section;

(c) the time period specified in the notice, during which members of the public may exercise the right described in clause (2) (b), has expired;

(d) the Minister has considered whatever comments and submissions that members of the public have made on the proposed regulation in accordance with clause (2) (b) or (c); and

(e) in the case of regulations made by the Lieutenant Governor in Council under section 81, the Minister has reported to the Lieutenant Governor in Council on what, if any, changes to the proposed regulation the Minister considers appropriate.

Contents of notice

(2) The notice mentioned in clause (1) (a) shall contain,

(a) a description of the proposed regulation;

(b) a statement of the time period during which members of the public may submit written comments on the proposed regulation to the Minister and the manner in which and the address to which the comments must be submitted; and

Time period for comments

(3) The time period mentioned in clause (2) (b) shall be at least 45 days after the Minister publishes the notice mentioned in clause (1) (a).

Discretion to make regulations, Minister

(4) After considering the comments and submissions mentioned in clause (1) (d), the Minister, without further notice under subsection (1), may make the proposed regulations under section 80 with the changes that the Minister considers appropriate, whether or not those changes are mentioned in the comments and submissions.

Same, Lieutenant Governor in Council

(5) Upon receiving the Minister's report mentioned in clause (1) (e), the Lieutenant Governor in Council, without further notice under subsection (1), may make the proposed regulations under section 81 with the changes that the Lieutenant Governor in Council considers appropriate, whether or not those changes are mentioned in the Minister's report.

No public consultation

(6) The Minister may decide that this section should not apply to the power to make a regulation under section 80 or 81 if, in the Minister's opinion,

(a) the urgency of the situation requires it; or

(b) the proposed regulation is of a minor or technical nature.

Same

(7) If the Minister decides that this section should not apply to the power to make a regulation under section 80 or 81,

(a) this section does not apply to the power of the Minister or the Lieutenant Governor in Council to make the regulation; and

(b) the Minister shall give notice of the decision to the public as soon as is reasonably possible after making the decision.

Contents of notice

(8) The notice mentioned in clause (7) (b) shall include a statement of the Minister's reasons for making the decision and all other information that the Minister considers appropriate.

Publication of notice

(9) The Minister shall publish the notice mentioned in clause (7) (b) on a government website and in any other format the Minister considers advisable.

No review

(10) Subject to subsection (11), a court shall not review any action, decision, failure to take action or failure to make a decision by the Minister or the Lieutenant Governor in Council under subsections (1) to (9).

Exception

(11) Any person resident in Ontario may make an application for judicial review under the Judicial Review Procedure Act on the grounds that the Minister has not taken a step required by subsections (2) to (9).

Time for application

(12) No person shall make an application under subsection (11) with respect to a regulation later than 21 days after the Minister publishes a notice with respect to the regulation under clause (1) (a) or subsection (9), where applicable.

Notice of regulation on website

84. Upon the making of a regulation under this Act, the Minister shall publish a notice of the regulation on a government website, together with a link to the regulation as published on the e-Laws website, for the prescribed time period.

Part VIII
Transition And Consequential amendment

Payments under Day Nurseries Act

Sale, etc. of day nursery - where director's approval required

85. (1) No municipality, First Nation or approved corporation shall change the site, structure or use of, or sell, lease, mortgage or otherwise dispose of any part of or interest in any day nursery in respect of which the municipality, First Nation or approved corporation, as the case may be, received payment under section 9 of the Day Nurseries Act, without the approval in writing of a director, and such approval may be made subject to such conditions for repayment in whole or in part of any such payment as the director considers advisable.

Recovery of whole or part of payment

(2) Where a municipality, First Nation or approved corporation changes the site, structure or use of, or sells, leases, mortgages or otherwise disposes of any part of or interest in any day nursery without the approval of a director, or, where such approval has been given, is in default of any condition for repayment imposed under subsection (1), the whole or any part of any payment under section 9 of the Day Nurseries Act in respect of the day nursery may be recovered as a debt due to the Crown from the municipality, First Nation or approved corporation, as the case may be,

(a) out of money payable by Ontario to the municipality, First Nation or approved corporation under the authority of any Act; or

(b) by proceedings in any court of competent jurisdiction.

Interpretation

(3) In this section, "approved corporation" and "day nursery" have the same meaning as in subsection 1 (1) of the Day Nurseries Act.

Approvals of corporations under the Day Nurseries Act

86. Any approval of a corporation for the payment of grants granted by the Minister under subsection 6 (1) of the Day Nurseries Act ceases to have effect on the day section 1 of Schedule B to the Child Care Modernization Act, 2013 comes into force.

Transitional regulations

87. (1) The Lieutenant Governor in Council may make regulations respecting transitional matters related to the implementation of this Act.

Same

(2) Without limiting the generality of subsection (1), the power to make regulations under that subsection includes the power to make regulations,

(a) providing that the Day Nurseries Act, a provision of that Act, or an agreement made under that Act continues to apply, for a specified period of time and with necessary modifications, to specified things or in specified circumstances;

(b) providing that licences issued under the Day Nurseries Act are deemed to have been replaced with licences issued under this Act; and

(c) providing for and governing temporary permits that authorize a person whose application for a licence is being considered to operate a child care centre or a home child care agency on a temporary basis.

Conflict with transitional regulations

(3) In the event of a conflict, a regulation made under this section prevails over this Act or the regulations, or any other Act or regulation administered by the Minister.

Amendment in consequence of Not-for-profit Corporations Act, 2010

88. Paragraph 2 of subsection 57 (2) of this Act is amended by striking out "section 274 and 275 of the Corporations Act" and substituting "section 15 of the Not-for-Profit Corporations Act, 2010".

Part IX
Commencement and Short Title

Commencement

89. The Act set out in this Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

90. The short title of the Act set out in this Schedule is the Child Care and Early Years Act, 2013.

Schedule B
Repeal of Day Nurseries Act

Repeal

1. The Day Nurseries Act is repealed.

Commencement

2. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule C
Amendments to the Early Childhood Educators Act, 2007

1. (1) The definition of "Minister" in section 1 of the Early Childhood Educators Act, 2007 is amended by striking out "Minister of Children and Youth Services" and substituting "Minister of Education".

(2) Section 1 of the Act is amended by adding the following definitions:

"complaint resolution process" means a process that includes mediation, conciliation, negotiation, or any other means of facilitating the resolution of issues in dispute; ("processus de règlement des plaintes")

"professional misconduct" means,

(a) sexual abuse of a child,

(b) sexual misconduct,

(d) conduct that contravenes this Act, the regulations or the by-laws,

(e) conduct that contravenes an order of the Discipline Committee, the Complaints Committee, the Council or the Registrar, or

(f) any other act or conduct prescribed by the regulations; ("faute professionnelle")

"prohibited act involving child pornography" means any act prohibited under section 163.1 of the Criminal Code (Canada); ("acte interdit impliquant de la pornographie juvénile")

"sexual abuse" of a child by a member means,

(a) sexual intercourse or other forms of physical sexual relations between the member and the child,

(b) touching, of a sexual nature, of the child by the member, or

"sexual misconduct" means inappropriate behaviour or remarks of a sexual nature by the member that is not sexual abuse of a child, where,

(a) one or more children are exposed to the behaviour or remarks, or the member knows or ought to know that one or more children are likely to be exposed to the behaviour or remarks, and

(b) a reasonable person would expect the behaviour or remarks to have the effect of,

(i) causing distress to a child exposed to the behaviour or remarks,

(ii) being detrimental to the physical or mental well-being of a child, or

(iii) creating a negative environment for a child exposed to the behaviour or remarks. ("inconduite sexuelle")

(3) Section 1 of the Act is amended by adding the following subsection:

Same, electronic means

(2) For greater certainty, for the purposes of the definitions of "sexual abuse" and "sexual misconduct" in subsection (1), behaviour, remarks and conduct include acts or remarks that are done or made by electronic means.

2. Clause 2 (a) of the Act is repealed and the following substituted:

(a) the delivery of programs to children 12 years or younger;

3. (1) Subsection 3 (1) of the Act is repealed and the following substituted:

Practice

(1) No person shall engage in the practice of early childhood education unless the person holds a certificate of registration issued under this Act.

(2) Subsection 3 (2) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Exemption

(2) Despite subsection (1), the following persons may engage in activities that are part of the practice of early childhood education without holding a certificate of registration issued under this Act:

. . . . .

(3) The following apply with respect to the application of subsections (4) to (6):

1. Subsections (4) and (5) apply if, on the day this subsection comes into force, the Day Nurseries Act has not been repealed by section 1 of Schedule B.

2. Subsection (6) applies if, on or before the day this subsection comes into force, the Day Nurseries Act is repealed by section 1 of Schedule B.

(4) Paragraphs 2 to 6 of subsection 3 (2) of the Act are repealed and the following substituted:

2. A person who is employed in a day nursery or by a private-home day care agency, a person who provides private-home day care or in-home services or any other person prescribed for the purpose under the Day Nurseries Act if, pursuant to that Act and the regulations made under it, the person is not required to,

i. hold a certificate of registration, or

ii. satisfy the requirements for qualifying for a certificate prescribed by the regulations made under this Act.

3. A person who cares for five or fewer children under 10 years of age who are not of common parentage, within the meaning of the Day Nurseries Act, primarily for the purpose of providing temporary care or guidance or both, for a continuous period not exceeding 24 hours.

4. Any other person or class of persons prescribed by a regulation made under this Act.

(5) On the day the Day Nurseries Act is repealed by section 1 of Schedule B, paragraphs 2, 3 and 4 of subsection 3 (2) of the Act, as re-enacted by subsection (4), are repealed and the following substituted:

2. A person who is employed in a child care centre or by a home child care agency, a person who provides home child care or in-home services or any other person prescribed for the purpose under the Child Care and Early Years Act, 2013 if, pursuant to that Act and the regulations made under it, the person is not required to,

i. hold a certificate of registration, or

ii. satisfy the requirements for qualifying for a certificate prescribed by the regulations made under this Act.

3. A person who, pursuant to subsection 6 (3) or (4) of the Child Care and Early Years Act, 2013, is not required to hold a licence to operate a child care centre, and who provides child care in the circumstances described in paragraph 2 or 3 of subsection 6 (3) of that Act, or, if relevant, in subsection 6 (4) of that Act.

4. Any other person or class of persons prescribed by a regulation made under this Act.

(6) Paragraphs 2 to 6 of subsection 3 (2) of the Act are repealed and the following substituted:

i. hold a certificate of registration, or

ii. satisfy the requirements for qualifying for a certificate prescribed by the regulations made under this Act.

4. Any other person or class of persons prescribed by a regulation made under this Act.

(7) Section 3 of the Act is amended by adding the following subsection:

Same

(3) The exemption provided under subsection (2) from the requirement to hold a certificate of registration does not apply to a person who has satisfied the educational and training requirements prescribed by the regulations for qualifying for a certificate.

(8) The following apply with respect to the application of subsections (9) to (11):

1. Subsections (9) and (10) apply if, on the day this subsection comes into force, the Day Nurseries Act has not been repealed by section 1 of Schedule B.

2. Subsection (11) applies if, on or before the day this subsection comes into force, the Day Nurseries Act is repealed by section 1 of Schedule B.

(9) Section 3 of the Act is amended by adding the following subsection:

Definitions

(4) In this subsection, "day nursery", "private-home day care" and "private-home day care agency" have the same meaning as in the Day Nurseries Act.

(10) On the day the Day Nurseries Act is repealed by section 1 of Schedule B, subsection (4) of the Act, as enacted by subsection (9), is repealed and the following substituted:

Definitions

(4) In this subsection, "child care centre", "home child care agency" and "home child care" have the same meaning as in the Child Care and Early Years Act, 2013.

(11) Section 3 of the Act is amended by adding the following subsection:

Definitions

(4) In this subsection, "child care centre", "home child care agency" and "home child care" have the same meaning as in the Child Care and Early Years Act, 2013.

4. Paragraph 3 of subsection 7 (2) of the Act is repealed and the following substituted:

3. To accredit programs in early childhood education offered by post-secondary educational institutions and other bodies.

3.1 To provide for the ongoing education of members of the College and to accredit ongoing education programs.

5. (1) Section 18 of the Act is amended by adding the following subsection:

Suspended members

(1.1) Despite subsection (1), a person whose certificate of registration is suspended is not a member of the College during the period of suspension.

(2) Subsection 18 (2) of the Act is amended by adding "upon the acceptance of the resignation by the Registrar" at the end.

(3) Subsection 18 (3) of the Act is amended by striking out "is revoked or cancelled or expires" and substituting "expires or is revoked, suspended or cancelled".

6. Subsection 19 (4) of the Act is repealed and the following substituted:

Panel appointed

(4) The Chair of a committee may appoint panels from among the committee's members and authorize them to exercise the committee's powers or perform its duties with respect to conducting reviews, considering and investigating written complaints and holding hearings.

7. Paragraph 3 of subsection 28 (7) of the Act is amended by adding "or remove" after "vary".

8. (1) Subsection 29 (2) of the Act is amended by striking out "Subject to any by-law respecting the removal of information from the register" at the beginning in the portion before clause (a).

(2) Clauses 29 (2) (a) and (b) of the Act are repealed and the following substituted:

(a) each member's name and, where applicable, the class of certificate of registration that the member holds and any additional qualifications indicated on the member's certificate or any certificates of additional qualifications that the member holds;

(b) the terms, conditions and limitations imposed on each certificate of registration, including terms, conditions and limitations resulting from a written undertaking or other agreement between the College and the member;

(3) Subsection 29 (2) of the Act is amended by adding the following clauses:

(b.1) any restrictions imposed on a member's eligibility to practise by an order of a court or other lawful authority, including the name and location of the court or authority and the date the order was made;

(b.2) a notation of every matter that has been referred to the Discipline Committee under section 31, 32 or 36;

(b.3) any notice of the day and time of a hearing of the Discipline Committee, together with a link to the notice as published on the College's website;

(b.4) if a resolution adopted by the Complaints Committee under section 31.1 provides for a notation to be included in the register, a notation of the resolution, and, if the resolution provides for the resolution, a summary of the resolution or a part of the resolution to be published on the College's website, a link to that publication;

(b.5) a notation of every decision of the Discipline Committee following a proceeding, together with a link to the decision as published on the College's website;

(b.6) a notation of every resolution adopted by the Discipline Committee under section 33.1, together with a link to the resolution as published on the College's website;

. . . . .

(d.1) information respecting any current or previous criminal proceedings involving a member that are relevant to his or her membership, including any undertakings of the member in relation to the proceeding;

(4) Clause 29 (2) (e) of the Act is amended by adding "any other" at the beginning.

(5) Section 29 of the Act is amended by adding the following subsections:

Personal information

(2.1) A committee referred to in clause (2) (d) shall not direct, and a by-law referred to in clause (2) (e) shall not prescribe that more personal information, within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act, is to be included or kept in the register than is necessary to serve and protect the public interest.

Removal of specified information

(2.2) The Registrar shall remove from the register,

(a) any terms, conditions or limitations imposed on a certificate of registration, as referred to in clause (2) (b), that are no longer applicable; and

(b) any restrictions imposed on a member's eligibility to practise, as referred to in clause (2) (b.1), that are no longer applicable.

Day and time of hearing

(2.3) The Registrar shall post notice of the day and time of a hearing of the Discipline Committee on the register in accordance with clause (2) (b.3), and on the College's website, at the same time as the parties to the hearing are notified of this information, and may remove it from the register after the proceeding has concluded.

Same, by-laws

(2.4) Subject to subsection (2.5), the Council may not make by-laws authorizing the removal of any information set out in subsection (2) from the register.

Same

(2.5) The Council may make by-laws authorizing the removal of information described in clauses (2) (b.2), (b.3), (b.4), (b.5), (b.6) or (d.1), but only in accordance with the following:

1. Any notation of a decision or resolution that required a reprimand, counselling or a fine, and the link to the decision or resolution, may not be removed until three years after the day the committee decided the matter, or after more time if ordered by the Discipline Committee or prescribed by the by-laws.

2. The information must not relate to a matter that resulted in an order to revoke or suspend a certificate.

No publication of specified information

(2.6) Despite anything in this section, the register shall not contain any information that violates an order made under section 35.1 respecting the publication of information.

(6) Subsection 29 (3) of the Act is repealed and the following substituted:

Posting and public inspection of register

(3) The Registar shall post the register on the College's website and shall ensure it is available for public inspection during normal business hours at the offices of the College.

9. Section 30 of the Act is amended by adding the following subsections:

Reinstatement

(3) Subject to subsection (4), a person whose certificate of registration was suspended under subsection (1) is entitled to have the suspension removed on payment of the fees and penalties prescribed by the by-laws or on provision of the information required by the by-laws, as the case may be.

Revocation

(4) If a certificate of registration is suspended under subsection (1) and the suspension is not removed for the period of time prescribed by the regulations, the Registrar may revoke the certificate of registration.

10. (1) Subsection 31 (1) of the Act is repealed and the following substituted:

Duties of Complaints Committee

(1) The Complaints Committee shall consider and investigate complaints regarding the conduct or actions of a member of the College, including complaints made by,

(a) a member of the public;

(b) a member of the College;

(d) the Minister.

Same

(1.1) As soon as reasonably possible after receiving a complaint, the Registrar shall,

(a) provide the complainant with confirmation that the complaint was received; and

(b) notify the member that a complaint regarding his or her actions was made and provide the member with a copy of the complaint or, if the Registrar considers it appropriate in the circumstances, a summary of the complaint.

Same

(1.2) In providing notice of a complaint under clause (1.1) (b), the identity of the individual who made the complaint shall not be disclosed if the Registrar believes, on reasonable and probable grounds, that doing so would expose or be likely to expose the complainant or another person to harm or injury.

Same

(1.3) Despite subsection (1), if the Registrar refers a complaint to a complaint resolution process under section 31.1, the Complaints Committee shall cease its consideration and investigation of the complaint and this section ceases to apply, unless and until the complaint is referred back to the Committee in accordance with that section.

(2) Subsection 31 (2) of the Act is amended by striking out "written" in the portion before clause (a).

(3) Clause 31 (2) (b) of the Act is repealed and the following substituted:

(b) the complaint is frivolous, vexatious, an abuse of process, manifestly without substance or made for an improper purpose; or

(c) the complaint does not warrant further investigation or it is not in the public interest to investigate the complaint further, and that determination was made in accordance with the regulations.

(4) Clauses 31 (3) (a), (b) and (c) of the Act are repealed and the following substituted:

(a) a complaint in writing or in another form that is capable of being reproduced, such as a disc or tape, has been filed with the Registrar;

(b) the member whose conduct or actions are being investigated has been given 60 days, or a different time period if specified under subsection (4), in which to submit in writing to the Committee any explanations or representations the member may wish to make concerning the matter; and

(c) the Committee has examined or has made every reasonable effort to examine all the information and documents that the College has that are relevant to the complaint, including,

(i) any prior decisions of a committee established under this Act that relate to the member,

(ii) any information about or obtained in concurrent proceedings before a committee established under this Act that relates to the member,

(iii) any resolutions adopted by a committee established under this Act that were reached through a complaint resolution process and relate to the member.

(5) Subsection 31 (4) of the Act is repealed and the following substituted:

Same

(4) The Complaints Committee may specify a different time period for the purposes of clause (3) (b) in accordance with the following:

1. The Committee may specify a period of time of less than 60 days if the Committee is of the opinion, on reasonable and probable grounds, that the conduct of the member exposes or is likely to expose one or more children to harm or injury.

2. The Committee may specify a period of time that is more than 60 days in accordance with the regulations.

Same

(4.1) A copy of any explanations or representations submitted by the member under clause (3) (b) shall be provided as soon as reasonably possible to the complainant or, if the Registrar considers it appropriate in the circumstances, a summary of the explanations or representations.

Same

(4.2) In considering prior decisions in accordance with subclause (3) (c) (i), the Complaints Committee shall not consider any decision made by the Complaints Committee to refuse to consider and investigate a complaint under subsection (2).

Same

(4.3) If the Complaints Committee considers any information described in subclause (3) (c) (i), (ii) or (iii), the Committee shall notify the member as soon as reasonably possible and shall provide the member with a copy of that information or, if the Committee considers it appropriate in the circumstances, a summary of that information.

Same

(4.4) If the Complaints Committee receives additional information from any person relating to the complaint, the Committee shall notify the member as soon as reasonably possible and shall provide the member with a description of the additional information.

(6) Subsection 31 (5) of the Act is amended by adding "or" at the end of clause (c) and by repealing clause (d).

(7) Subsection 31 (8) of the Act is amended by adding "or under section 31.1" at the end.

(8) Subsection 31 (9) of the Act is repealed and the following substituted:

Application of section, related criminal conviction

(9) If a member has been convicted or found guilty of an offence under the Criminal Code (Canada) for the same conduct or action that is the subject matter of a complaint, the member and the Complaints Committee may agree in writing that the matter be referred, in whole or in part, to the Discipline Committee and, in that case, subsections (1) to (8) cease to apply and the Registrar shall notify the complainant of the agreement.

11. The Act is amended by adding the following sections:

Complaint resolution process

31.1 (1) The Registrar may refer the College and the member who is the subject of a complaint to a complaint resolution process to which the College and the member have consented,

(a) if the Registrar determines, on reasonable and probable grounds and in accordance with any regulations, that the complaint, if proven, would likely result in the member receiving a caution from the Complaints Committee under clause 31 (5) (c);

(b) if the Complaints Committee has not yet taken action under subsection 31 (5); and

(c) if the matter does not involve an allegation of sexual abuse of a child, sexual misconduct or a prohibited act involving child pornography.

Same

(2) The Registrar shall notify the complainant as soon as reasonably possible after referring a complaint to the complaint resolution process under subsection (1).

Same

(3) Before a resolution that will be proposed to the Complaints Committee under subsection (4) is reached,

(a) the Registrar shall consult, or make reasonable efforts to consult, with the complainant; and

(b) if the complainant is not the member's employer and the Registrar considers it appropriate in the circumstances, the Registrar may request that the employer provide the Registrar with information that relates to the complaint.

Same

(4) If the College and the member reach a resolution of a matter that has been referred to the complaint resolution process under subsection (1), they shall propose it to the Complaints Committee and the Committee may,

(a) adopt the proposed resolution;

(b) modify the proposed resolution; or

Same

(5) Before taking action under subsection (4), the Complaints Committee shall consider,

(a) any prior decisions of a committee established under this Act that relate to the member;

(b) any information about or obtained in concurrent proceedings before a committee established under this Act that relates to the member;

(c) any resolutions adopted by a committee established under this Act that were reached though a complaint resolution process and relate to the member.

Same

(6) If the Complaints Committee modifies the proposed resolution, the Committee shall notify the College and the member of the modifications and,

(a) if both the College and the member agree to the modifications, the proposed resolution shall be considered adopted, as modified, by the Committee; or

(b) if either the College or the member does not agree to the modifications, the proposed resolution shall be considered rejected by the Committee.

Same

(7) If the Complaints Committee rejects a proposed resolution, the matter shall be referred back to the Committee and section 31 shall continue to apply.

Same

(8) If there is a failure to resolve a matter that has been referred to the complaint resolution process under subsection (1), it shall be referred back to the Complaints Committee and section 31 shall continue to apply.

Notice, Registrar

(9) The Complaints Committee shall notify the Registrar of its decision made under subsection (4).

Same, complainant

(10) The Registrar shall notify the complainant of the outcome of the complaint resolution process under subsection (1).

Single member may act on Committee's behalf

(11) A single member of the Complaints Committee may act on the Committee's behalf for the purposes of subsection (4) and, in that case, references to the Complaints Committee in subsections (5), (6), (7) and (9) shall be references to the member acting on the Committee's behalf.

Matters referred back to the Complaints Committee

(12) If the Complaints Committee rejects a proposed resolution and the matter is referred back to the Committee, no person who made a decision for the purposes of subsection (4) shall make a decision in respect of the matter under section 31, except in accordance with any regulations.

Complainant not a party

(13) For greater certainty, the complainant is not a party to a complaint resolution process under subsection (1).

Timely disposal

31.2 (1) Subject to subsection (2), the Complaints Committee shall use its best efforts to dispose of a complaint within 120 days after the complaint is filed as described in clause 31 (3) (a).

Complaint resolution process

(2) If the Registrar refers a matter to a complaint resolution process under subsection 31.1 (1),

(a) that process must be carried out in accordance with any timelines prescribed by the regulations; and

(b) for the purposes of subsection (1), the time period beginning on the day the referral is made and ending on the day the matter is referred back to the Committee under subsection 31.1 (7) or (8) shall not be counted.

If complaint not disposed of

(3) If the Committee has not disposed of a complaint within 120 days after the complaint was filed, the Registrar shall provide the complainant and the member who is the subject of the complaint with written notice of that fact and an expected date of disposition which shall be no more than 90 days from the date of the written notice.

If further delay

(4) If the Committee has not disposed of the complaint by the expected date of disposition described in subsection (3), the Registrar shall provide the member and complainant with written notice and reasons for the delay and the new expected date of disposition which shall be no more than 30 days from the date of the revised notice or from the expected date of disposition described in subsection (3), whichever is sooner.

12. The Act is amended by adding the following section:

Complaint, report of child in need of protection, etc.

32.1 (1) This section applies with respect to a complaint if the Registrar believes, on reasonable grounds, that the complainant or any other person was likely required to make a report under section 72 of the Child and Family Services Act in relation to the conduct or actions of the member that are the subject of the complaint.

Exception, certain complaints

(2) This section does not apply to a complaint that arises from a report under section 49.1 or 49.2.

Referral to Executive Committee

(3) The Registrar shall promptly refer a complaint described in subsection (1) to the Executive Committee.

Consideration by Executive Committee

(4) If a complaint is referred to the Executive Committee under subsection (3), the Executive Committee shall consider whether or not to make a direction under subsection 32 (1) and, if it makes such a direction, shall also consider whether or not to make an interim order under subsection 32 (3).

13. (1) Section 33 of the Act is amended by adding the following subsection:

Same, complaint resolution process

(1.1) Despite clause (1) (a), if a matter is referred to a complaint resolution process under section 33.1, the Discipline Committee shall cease to hear the matter and this section ceases to apply, unless and until the matter is referred back to the Committee in accordance with that section.

(2) Subsection 33 (2) of the Act is repealed and the following substituted:

Professional misconduct

(2) A member may be found guilty of professional misconduct by the Discipline Committee after a hearing if the member has been guilty, in the opinion of the Committee, of professional misconduct.

(3) Paragraph 1 of subsection 33 (5) of the Act is amended by striking out "a specified or unlimited period" at the end and substituting "a specified period of more than three years".

(4) Paragraph 3 of subsection 33 (5) of the Act is repealed.

(5) Subsection 33 (8) of the Act is repealed.

14. The Act is amended by adding the following sections:

Complaint resolution process

33.1 (1) The Discipline Committee may refer the College and the member who is the subject of a matter to a complaint resolution process to which the College and the member have consented,

(a) if the Committee considers it appropriate to do so;

(b) if the matter has not yet been determined by the Discipline Committee under section 33; and

(c) if the matter does not involve an allegation of sexual abuse of a child, sexual misconduct or a prohibited act involving child pornography.

Same

(2) If the College and the member reach a resolution of a matter that has been referred to the complaint resolution process under subsection (1), they shall propose it to the Discipline Committee and the Committee may,

(a) adopt the proposed resolution;

(b) modify the proposed resolution; or

Same

(3) If the Discipline Committee modifies the proposed resolution, the Committee shall notify the College and the member of the modifications and,

(a) if both the College and the member agree to the modifications, the proposed resolution shall be considered adopted, as modified, by the Committee; or

(b) if either the College or the member does not agree to the modifications, the proposed resolution shall be considered rejected by the Committee.

Same

(4) If the Discipline Committee rejects a proposed resolution, the Committee shall hear and determine the matter in accordance with section 33.

Same

(5) If there is a failure to resolve a matter that has been referred to the complaint resolution process under subsection (1), it shall be referred back to the Discipline Committee and the Committee shall hear and determine the matter in accordance with section 33.

Meetings of Discipline Committee to be public

(6) A meeting of the Discipline Committee to consider the action it will take under subsection (2) shall, subject to subsection (7), be open to the public.

Exclusion of public

(7) The Discipline Committee may make an order that the public be excluded from the meeting or any part of the meeting if, in the Committee's opinion, the possibility of serious harm or injustice to any person justifies a departure from the general principle that hearings should be open to the public.

Application of s. 35 (4) and (5)

(8) Subsections 35 (4) and (5) apply with necessary modifications to meetings of the Discipline Committee to consider actions that it will take under subsection (2).

No right to a hearing

(9) Nothing in this section shall be construed to require the Discipline Committee to hold a hearing within the meaning of the Statutory Powers Procedure Act before making a decision under subsection (2) and, for greater certainty, there is no right to appeal that decision.

Members disqualified from panel that hears matter

(10) The following persons may not participate in a panel of the Discipline Committee that hears and determines a matter in accordance with section 33:

1. The members of the panel of the Discipline Committee that referred the matter under subsection (1) or considered making such a referral.

2. The members of the panel of the Discipline Committee that rejected any proposed resolution.

No application to reinstatement and variation procedures

(11) For greater certainty, an application made under subsection 36 (1) or (2) may not be referred to a complaint resolution process under subsection (1).

Complainant not a party

(12) For greater certainty, the complainant is not a party to a complaint resolution process under subsection (1).

Authorization for Registrar to make referrals

(13) The Discipline Committee may authorize the Registrar to make referrals under subsection (1) on behalf of the Discipline Committee and the following apply when the Registrar acts in accordance with such an authorization:

1. The reference to the Committee in clause (1) (a) is deemed to be a reference to the Registrar.

2. The Registrar is subject to,

i. the limitations the Discipline Committee is subject to under this section,

ii. any limitations in the authorization, and

iii. any limitations prescribed by the regulations.

3. The Registrar shall not refer a matter under subsection (1) if the Registrar had referred the matter to a complaint resolution process under subsection 31.1 (1).

Orders relating to sexual abuse and child pornography

33.2 (1) Where under section 33 the Discipline Committee finds a member guilty of committing an act of professional misconduct that is listed in subsection (2), the Committee shall, in addition to anything else the Committee may do under subsection 33 (5), make an order,

(a) requiring that the member be reprimanded by the Committee; and

(b) directing the Registrar to revoke any certificate held by the member under this Act.

Same

(2) The acts of professional misconduct referred to in subsection (1) are the following:

1. Sexual abuse of a child, if the sexual abuse consisted of, or included, any of the following:

i. Sexual intercourse.

ii. Genital to genital, genital to anal, oral to genital, or oral to anal contact.

iii. Masturbation of the member by, or in the presence of, the child.

iv. Masturbation of the child by the member.

v. Encouragement of the child by the member to masturbate in the presence of the member.

2. A prohibited act involving child pornography.

Interpretation

(3) For greater certainty, nothing in subsections (1) and (2) affects the power of the Discipline Committee to reprimand a member or revoke a member's certificate under section 33 for committing any other act of professional misconduct.

Statement re impact of sexual abuse

(4) Before making an order under subsection (1) in relation to a finding of sexual abuse, the Discipline Committee shall consider any written statement that has been filed, and any oral statement that has been made to the Committee, describing the impact of the sexual abuse on the child.

Same

(5) The statement may be made by the child or by his or her representative.

Same

(6) The Discipline Committee shall not consider the statement unless a finding of an act of professional misconduct that is listed in subsection (2) has been made.

Notice to member

(7) When a written statement is filed, the Discipline Committee shall, as soon as possible, have copies of it provided to the member, to his or her counsel and to the College.

15. Subsection 34 (6) of the Act is repealed.

16. Subsection 35 (7) of the Act is repealed and the following substituted:

Exclusion of public

(7) The Discipline Committee may make an order that the public be excluded from a hearing or any part of a hearing if, in the Committee's opinion, the possibility of serious harm or injustice to any person justifies a departure from the general principle that hearings should be open to the public.

17. The Act is amended by adding the following section:

Orders preventing public disclosure

35.1 (1) In situations under section 35 or 36 in which the Discipline Committee may make an order that the public be excluded from a hearing, the Committee may make orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders banning the publication or broadcasting of those matters.

Same, complaint resolution process

(2) In situations under section 33.1 in which the Discipline Committee may make an order that the public be excluded from a meeting, the Committee may make orders it considers necessary to prevent the public disclosure of matters disclosed during the complaint resolution process under subsection 33.1 (1), including orders banning the publication or broadcasting of those matters.

Witnesses, under 18 years

(3) The Discipline Committee shall make an order that no person shall publish the identity of, or any information that could disclose the identity of, any person who is under 18 years old and,

(a) is a witness in a hearing;

(b) is the subject of evidence in a hearing; or

(c) is the subject of, or otherwise involved in, a matter referred to a complaint resolution process under subsection 33.1 (1).

Same, sexual abuse, sexual misconduct or child pornography

(4) If a matter disclosed at a hearing involves an allegation of sexual abuse of a child, sexual misconduct or a prohibited act involving child pornography, the Discipline Committee shall make an order that no person shall publish the identity of, or any information that could disclose the identity of, the person who was allegedly sexually abused or the subject of the misconduct or prohibited act, on the request of that person.

18. (1) Subsection 36 (1) of the Act is amended by adding "or as a result of a resolution adopted by the Committee under section 33.1" after "Discipline Committee".

(2) Subsection 36 (2) of the Act is amended by adding "or as a result of a resolution adopted by the Committee under section 33.1" after "Discipline Committee".

(3) Section 36 of the Act is amended by adding the following subsection:

Same, sexual abuse, etc.

(4.1) Despite subsections (3) and (4), if a person has had a certificate revoked for committing an act of professional misconduct that involved sexual abuse of a child, sexual misconduct or a prohibited act involving child pornography, an application under subsection (1) to have a new certificate issued shall not be made earlier than five years from the date of the order under section 33 that revoked the certificate.

(4) Subsection 36 (9) of the Act is repealed and the following substituted:

Open or closed hearings

(9) A hearing of the Discipline Committee under this section shall be open to the public unless,

(a) the proceeding referred to in subsection (1) or (2) that resulted in the person's certificate being revoked, suspended or subject to terms, conditions or limitations was closed to the public; or

(b) the Committee makes an order under subsection (9.1).

Exclusion of public

(9.1) The Discipline Committee may make an order that the public be excluded from a hearing or any part of a hearing if, in the Committee's opinion, the possibility of serious harm or injustice to any person justifies a departure from the general principle that hearings should be open to the public.

Orders preventing public disclosure

(9.2) For greater certainty, the Discipline Committee may make an order described in section 35.1 in relation to a hearing under this Part.

(5) Subsection 36 (14) of the Act is amended by striking out "Subsections (1) to (13)" at the beginning and substituting "Subsections (1) to (8) and (10) to (13)".

(6) Section 36 of the Act is amended by adding the following subsection:

Same, closed hearings

(15) A hearing of the Fitness to Practise Committee under this section shall be closed to the public unless the applicant requests otherwise, in which case the hearing shall be open to the public and subsection (9.1) applies with necessary modifications.

19. Section 37 of the Act is amended by adding the following subsection:

Same, sexual abuse, etc.

(2) If a person has had a certificate revoked for committing an act of professional misconduct that involved sexual abuse of a child, sexual misconduct or a prohibited act involving child pornography, an order under paragraph 1 of subsection (1) shall not be made earlier than five years from the date of the order under section 33 that revoked the certificate.

20. Section 39 of the Act is amended by adding the following subsections:

Emergencies

(2.1) The Registrar may appoint an investigator if,

(a) the Registrar believes on reasonable and probable grounds that the conduct of the member exposes or is likely to expose one or more children to harm or injury, and that the investigator should be appointed immediately; and

(b) there is not time to seek approval from the Executive Committee.

Report

(2.2) Where an investigator has been appointed under subsection (2.1), the Registrar shall report the appointment of the investigator to the Executive Committee within five days.

21. (1) Section 43 of the Act is amended by adding the following paragraphs:

0.1 prescribing acts and conduct for the purposes of the definition of "professional misconduct" in section 1;

. . . . .

2.1 respecting the qualification of Council members who are elected;

2.2 prescribing conditions disqualifying elected members of the Council from sitting on the Council and governing the removal of disqualified Council members;

2.3 respecting conflict of interest rules for members of the Council, for members of committees and for officers and employees of the College;

2.4 respecting the membership and practices and procedures of the committees required by subsection 19 (1), including,

i. the number of members to be appointed to each committee,

ii. the terms of office of those members,

iii. the conditions disqualifying members of the College from sitting on those committees,

iv. the removal of disqualified committee members, and

v. the quorum of those committees;

2.5 respecting the membership, powers, duties and practices and procedures of committees other than those required by subsection 19 (1), including,

i. the number of members to be appointed to each committee,

ii. the terms of office of those members,

iii. the conditions disqualifying members of the College from sitting on those committees,

iv. the removal of disqualified committee members, and

v. the quorum for those committees;

(2) Paragraph 8 of subsection 43 (1) of the Act is repealed and the following substituted:

8. governing requirements relating to members' learning plans, ongoing education and continuous professional learning, and providing for the establishment by the College of requirements respecting continuous professional learning;

8.1 governing the process by which members' compliance with requirements referred to in paragraph 8 is determined, including requiring members to provide information and documents to the Registrar for the purpose;

8.2 prescribing circumstances in which a member is exempt from continuous professional learning requirements;

8.3 respecting the dissemination of information respecting requirements relating to members' learning plans, ongoing education and continuous professional learning;

8.4 respecting the development, provision and accreditation of educational programs leading to qualifications of members additional to those required for a certificate of registration, and providing for those additional qualifications to be indicated on a certificate of registration or for certificates to be issued for such additional qualifications;

(3) Paragraph 9 of subsection 43 (1) of the Act is amended by adding "or revoking" after "suspending".

(4) Paragraph 11 of subsection 43 (1) of the Act is repealed and the following substituted:

11. governing a determination made by the Complaints Committee under clause 31 (2) (c) that a complaint does not warrant further investigation or it is not in the public interest to investigate a complaint further, including prescribing circumstances or conditions in which such a determination may be made;

11.1 governing the circumstances in which the Complaints Committee may extend the time period for a member, and prescribing the maximum number of days by which that time period may be extended, for the purposes of subsection 31 (4);

11.2 setting out requirements respecting the complaint resolution process under subsection 31.1 (1) or 33.1 (1) and otherwise governing the processes, including,

i. governing a determination made by the Registrar under clause 31.1 (1) (a) or under an authorization under subsection 33.1 (13), including prescribing factors that the Registrar shall consider and factors that the Registrar shall not consider in making the determination,

ii. prescribing timelines for the complaint resolution processes,

iii. prescribing circumstances in which the resolution of a matter that has been referred to a complaint resolution process shall be considered to have failed for the purposes of subsections 31.1 (8) and 33.1 (5),

iv. governing the circumstances in which a person who made or participated in a decision or referral for the purposes of subsection 31.1 (4) or 33.1 (1) or (2) may be a member of a panel that makes a decision in respect of the matter under section 31 or subsection 33.1 (2), or hears and determines the matter under section 33, as the case may be,

v. prescribing limitations for the purposes of subparagraph 2 iii of subsection 33.1 (13);

11.3 requiring that a panel of a committee established to hear or review a matter relating to a member of the College who is employed as a supervisor must include a member who is employed as a supervisor;

11.4 prescribing restrictions on a member's duties for the purposes of clause 49.1 (8) (c);

11.5 governing the removal of decisions and resolutions that the College has published on a website under subsection 49 (4), for the purposes of clause 49 (7) (b);

11.6 prescribing employers for the purposes of subsection 49.4 (2);

11.7 designating persons or bodies for the purposes of subsection 51.1 (3);

(5) Paragraph 17 of subsection 43 (1) of the Act is repealed.

22. (1) Paragraphs 6, 7, 12, 15 and 16 of subsection 44 (1) of the Act are repealed.

(2) Paragraph 21 of subsection 44 (1) of the Act is amended by striking out "and information that may be removed from the register" at the end.

(3) Subsection 44 (1) of the Act is amended by adding the following paragraph:

21.1 subject to subsection 29 (2.5), authorizing the removal of information described in clauses 29 (2) (b.2), (b.3), (b.4), (b.5), (b.6) or (d.1) from the register;

23. (1) Clause 45 (1) (d) of the Act is repealed and the following substituted:

(d) designating persons or bodies for the purposes of section 50.1;

(d.1) providing for any transitional matters the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments to this Act made by the Child Care Modernization Act, 2013;

(2) Section 45 of the Act is amended by adding the following subsection:

Regulations - transition

(3) A regulation made under clause (1) (d.1) may provide that it applies despite this Act.

24. The Act is amended by adding the following section:

Official publication

48.1 The College shall establish and maintain an official publication of the College.

25. Section 49 of the Act is repealed and the following substituted:

Publication requirements

Publication on website

49. (1) The College shall publish the following on its website:

1. Every decision of the Discipline Committee and its reasons.

2. Every resolution adopted by the Discipline Committee under section 33.1.

3. If a resolution adopted by the Complaints Committee under section 31.1 provides for publication of the resolution, a summary of the resolution, or a part of the resolution on the College's website, the resolution, summary or part.

Publication in official publication of the College

(2) The College shall publish the following in the official publication of the College:

1. A summary of every decision of the Discipline Committee and a summary of its reasons.

2. A summary of every resolution adopted by the Discipline Committee under section 33.1.

3. If a resolution adopted by the Complaints Committee under section 31.1 provides for publication of the resolution, a summary of the resolution, or a part of the resolution in the official publication of the College, the resolution, summary or part.

4. A determination by the Fitness to Practise Committee that an allegation of incapacity was unfounded, on the request of the member against whom the allegation was made.

Exception, unfounded allegations

(3) Despite paragraphs 1 and 2 of subsection (2), if the Discipline Committee determines, or adopts a resolution that provides, that an allegation of professional misconduct or incompetence was unfounded, the College shall only publish the summary described in paragraph 1 or 2 of subsection (2) in its official publication on the request of the member against whom the allegation was made.

Other publications

(4) The College may publish anything set out in subsection (1), in detail or in summary, in any manner or medium that the College considers appropriate, other than in its official publication.

Publication of member's name

(5) For greater certainty, for the purposes of paragraphs 1 and 2 of subsection (1) and paragraphs 1 and 2 of subsection (2), the College shall publish the name of the member who is the subject of the matter.

No publication of specified information

(6) Despite anything in this section, the College shall not publish any information that violates an order made under section 35.1 respecting the publication of information.

Removal of information

(7) If a notation of a decision or resolution is removed from the register, the College shall remove the decision or the resolution,

(a) from its website; and

(b) from any other website on which it has published the information under subsection (4), if required by and in accordance with the regulations.

Employer reports re termination, etc.

49.1 (1) An employer of a member of the College who terminates the member's employment, suspends the member or imposes restrictions on the member's duties for reasons of professional misconduct shall file with the Registrar within 30 days after the termination, suspension or restriction a written report setting out the reasons.

Same

(2) If an employer of a member intended to terminate the member's employment, to suspend the member or to impose restrictions on the member's duties for reasons of professional misconduct but the employer did not do so because the member resigned, the employer shall file with the Registrar within 30 days after the resignation a written report setting out the reasons on which the employer had intended to act.

Same

(3) If a member resigns while his or her employer is engaged in an investigation into allegations of an act or omission by the member that would, if proven, have caused the employer to terminate the member's employment, to suspend the member or to impose restrictions on the member's duties for reasons of professional misconduct, the employer shall file with the Registrar within 30 days after the resignation a written report stating the nature of the allegations being investigated.

Same

(4) Where an employer files a report with the Registrar under subsection (1), (2) or (3), the employer shall,

(a) at the same time, provide the member with a copy of the report; and

(b) within 30 days of filing the report, provide the Registrar with any additional information that the employer has that relates to the member's professional misconduct.

Same

(5) If, after receiving the information under clause (4) (b), the Registrar requests that the employer provide the Registrar with more information that relates to the member's professional misconduct, the employer shall do so within 15 days of receiving the request.

Registrar to report back

(6) Where an employer makes a report to the Registrar under subsection (1), (2) or (3), the Registrar shall, as soon as is reasonably possible, provide the employer with a written report respecting the action, if any, taken by the Registrar in response to the employer's report.

Same

(7) The following are the employers who shall receive the report referred to in subsection (6):

1. An employer who employs the member at the time the report referred to in subsection (6) is made.

2. The employer who made the report respecting the member under subsection (1), (2) or (3).

Restrictions

(8) For the purposes of this section, restrictions on a member's duties include,

(a) restrictions on a member's eligibility to practise without supervision;

(b) restrictions on the services or activities described in section 2 that the member may engage in; or

Interpretation

(9) The requirement to report under subsections (1), (2) and (3) applies to all terminations, suspensions and restrictions imposed in the circumstances described in those subsections, regardless of the length or severity of the penalty.

Same

(10) For greater certainty, this section does not apply in the case of suspensions or restrictions imposed on a member's duties for reasons other than professional misconduct.

Employer reports re certain offences, conduct

49.2 (1) An employer shall report to the Registrar in writing when the employer becomes aware that a member of the College who is or has been employed by the employer as an early childhood educator,

(a) has been charged with or convicted of an offence under the Criminal Code (Canada) involving sexual conduct and minors;

(b) has been charged with or convicted of an offence under the Criminal Code (Canada) that, in the opinion of the employer, indicates that a child may be at risk of harm or injury; or

(c) has engaged in conduct or taken action that, in the opinion of the employer, should be reviewed by a committee of the College.

Timing of report

(2) The employer shall report to the Registrar within 30 days after becoming aware of the charge, conviction, conduct or action unless the employer has reasonable grounds to believe that the member will continue to sexually abuse a child, or that the misconduct, incompetence or incapacity of the member is likely to expose a child to harm or injury and there is urgent need for intervention, in which case the report must be filed forthwith.

Same

(3) Where an employer reports to the Registrar under subsection (1), the employer shall,

(a) at the same time, provide the member with a copy of the report; and

(b) within 30 days of making the report, provide the Registrar with any additional information that the employer has that relates to the charge, conviction, conduct or action.

Same

(4) If, after receiving the information under subsection (3), the Registrar requests that the employer provide the Registrar with more information that relates to the charge, conviction, conduct or action, the employer shall do so within 15 days of receiving the request.

Further reports

(5) An employer who makes a report under subsection (1) respecting a charge or conviction shall promptly report to the Registrar in writing if the employer becomes aware that the charge was withdrawn, the member was discharged following a preliminary inquiry, the charge was stayed, or the member was acquitted.

Referral to committee

(6) If the Registrar receives a report from an employer under subsection (1), the Registrar shall immediately refer the matter to the appropriate committee.

Registrar to report back

(7) Where an employer makes a report to the Registrar under subsection (1), the Registrar shall, as soon as is reasonably possible, provide the employer with a written report respecting the action taken by the Registrar in response to the employer's report.

Same

(8) The following are the employers who shall receive the report referred to in subsection (7):

1. An employer who employs the member at the time the report referred to in subsection (7) is made.

2. The employer who made the report respecting the member under subsection (1).

College reports to employers

49.3 (1) The College shall provide the employers listed in subsection (2) with information respecting certain decisions and orders under this Act in accordance with the following rules:

1. If a decision respecting a member of the College is made under subsection 31 (5), the Registrar shall provide the documents referred to in subsection 31 (7) to the employer.

2. If an order respecting a member is made under subsection 32 (3), the Registrar shall provide a copy of the order to the employer.

3. If an order respecting a member is made under section 33 or 34, the Discipline Committee or the Fitness to Practise Committee, as the case may be, shall provide the employer with the same material as is served on the parties under subsection 35 (15).

4. If a decision respecting a member is made under section 36, the Discipline Committee or the Fitness to Practise Committee, as the case may be, shall provide the employer with the same material as is served on the parties under subsection 36 (13) or (14).

5. If an order respecting a member is made under section 37, the Registrar shall provide a copy of the order to the member's employer.

6. If a court order respecting a member is made under section 38, the Registrar shall provide a copy of the order, with reasons, if any, to the member's employer.

Employers

(2) The following are the employers who shall receive the information referred to in subsection (1):

1. An employer who employs the member at the time the relevant decision or order referred to in subsection (1) was made, if the College has knowledge of that employment.

2. The employer who made a report respecting the member under section 49.1 or 49.2, if the subject of the report is related to the decision or order referred to in subsection (1).

26. (1) The following apply with respect to the application of subsections (2) to (4):

1. Subsections (2) and (3) apply if, on the day this subsection comes into force, the Day Nurseries Act has not been repealed by section 1 of Schedule B.

2. Subsection (4) applies if, on or before the day this subsection comes into force, the Day Nurseries Act is repealed by section 1 of Schedule B.

(2) The Act is amended by adding the following section:

Application

49.4 (1) Sections 49.1, 49.2 and 49.3 apply to a private-home day care agency that arranges for the provision of private-home day care or in-home services and the person who provides the care or services, except that a reference to an employer in those sections shall be read as a reference to the private-home day care agency.

Parents as employers

(2) Sections 49.1, 49.2 and 49.3 do not apply to,

(a) an employer in respect of a member who provides care in the circumstances prescribed by the regulations, if the employer is the child's parent; or

(b) a prescribed employer.

Definitions

(3) In this section, "private-home day care" "private-home day care agency" and "in-home services", have the same meaning as in the Day Nurseries Act.

(3) On the day the Day Nurseries Act is repealed by section 1 of Schedule B, section 49.4 of the Act, as enacted by subsection (2), is repealed and the following substituted:

Application of s. 49.1, 49.2 and 49.3

49.4 (1) Sections 49.1, 49.2 and 49.3 apply to a home child care agency that arranges for the provision of home child care or in-home services and the person who provides the care or services, except that a reference to an employer in those sections shall be read as a reference to the home child care agency.

Parents as employers

(2) Sections 49.1, 49.2 and 49.3 do not apply to,

(a) an employer in respect of a member who provides temporary care for or supervision of a child, if the employer is the child's parent; or

(b) a prescribed employer.

Definitions

(3) In this section, "home child care", "home child care agency", "in-home services", "parent" and "temporary care for or supervision of a child" have the same meaning as in the Child Care and Early Years Act, 2013.

(4) The Act is amended by adding the following section:

Application of s. 49.1, 49.2 and 49.3

Parents as employers

(2) Sections 49.1, 49.2 and 49.3 do not apply to,

(a) an employer in respect of a member who provides temporary care for or supervision of a child, if the employer is the child's parent; or

(b) a prescribed employer.

Definitions

27. The Act is amended by adding the following section:

Duty to report person at risk

50.1 (1) If a person or body designated by the regulations suspects, on reasonable grounds, that there is a risk that a person is likely to suffer physical or emotional harm inflicted by a member of the College and believes, on reasonable grounds, that urgent disclosure is needed, the person or body shall immediately report the suspicion and the information on which it is based to the Registrar.

Disclosure of personal information

(2) A person or body may disclose such personal information, within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act, as is reasonably necessary for the purpose of complying with subsection (1).

28. (1) The following apply with respect to the application of subsections (2) to (4):

1. Subsections (2) and (3) apply if, on the day this subsection comes into force, the Day Nurseries Act has not been repealed by section 1 of Schedule B.

2. Subsection (4) applies if, on or before the day this subsection comes into force, the Day Nurseries Act is repealed by section 1 of Schedule B.

(2) Subsection 51 (1) of the Act is repealed and the following substituted:

Confidentiality

(1) Every person employed, retained or appointed for the purposes of the administration of this Act and every member of a Council or committee of the College shall keep confidential all information that comes to his or her knowledge in the course of his or her duties and shall not communicate any information to any other person except,

(a) in connection with the administration of this Act, the Education Act or the Day Nurseries Act, including, without limiting the generality of this, in connection with anything relating to the registration of members, complaints about members, allegations of members' incapacity, incompetence or acts of professional misconduct or the governing of the profession;

(b) to his or her counsel;

(d) to the extent that the information is available to the public under this Act;

(e) to a peace officer or a law enforcement agency, in order to aid an investigation undertaken with a view to a law enforcement proceeding or from which a law enforcement proceeding is likely to result;

(f) to a body that governs a profession inside or outside of Ontario; or

(g) as otherwise required by law.

(3) On the day the Day Nurseries Act is repealed by section 1 of Schedule B, subsection 51 (1) of the Act, as re-enacted by subsection (2), is repealed and the following substituted:

Confidentiality

(a) in connection with the administration of this Act, the Education Act or the Child Care and Early Years Act, 2013, including, without limiting the generality of this, in connection with anything relating to the registration of members, complaints about members, allegations of members' incapacity, incompetence or acts of professional misconduct or the governing of the profession;

(b) to his or her counsel;

(d) to the extent that the information is available to the public under this Act;

(f) to a body that governs a profession inside or outside of Ontario; or

(g) as otherwise required by law.

(4) Subsection 51 (1) of the Act is repealed and the following substituted:

Confidentiality

(b) to his or her counsel;

(d) to the extent that the information is available to the public under this Act;

(f) to a body that governs a profession inside or outside of Ontario; or

(g) as otherwise required by law.

(5) Subsection 51 (2) of the Act is repealed.

(6) Subsection 51 (3) of the Act is amended by striking out "clause (1) (d)" and substituting "clause (1) (e)".

(7) Subsection 51 (4) of the Act is repealed and the following substituted:

No requirement

(4) Nothing in clause (1) (e) shall require a person described in subsection (1) to disclose information to a peace officer or a law enforcement agency, unless the information is required to be produced under a warrant.

(8) Section 51 of the Act is amended by adding the following subsection:

Definition

(7) In this section,

"law enforcement" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

29. (1) The following apply with respect to the application of subsections (2) to (4):

1. Subsections (2) and (3) apply if, on the day this subsection comes into force, the Day Nurseries Act has not been repealed by section 1 of Schedule B.

2. Subsection (4) applies if, on or before the day this subsection comes into force, the Day Nurseries Act is repealed by section 1 of Schedule B.

(2) The Act is amended by adding the following section:

Information and disclosure

Disclosure by Minister

51.1 (1) The Minister may provide to the College information, including personal information, in respect of its members, former members and applicants for membership if, in the Minister's opinion, the information is necessary for the College to carry out its duty and objects.

Disclosure to Minister

(2) The Minister may require the College to provide to him or her such information, including personal information, in respect of its members, former members and applicants for membership, as is necessary in the Minister's opinion for the purposes related to his or her powers and duties under this Act, the Education Act or the Day Nurseries Act.

Disclosure to College

(3) For the purpose of carrying out its objects, the College may require the employer or any other person or body designated by the regulations to provide the College with information, including personal information, in respect of members of the College, and the employer, person or body shall provide such information.

Limits on collection and use

(4) The College shall not collect or use more personal information under subsection (3) than is reasonably necessary to meet the purpose of the collection or use.

Definition

(5) In this section,

"personal information" has the same meaning as in section 38 of the Freedom of Information and Protection of Privacy Act and section 28 of the Municipal Freedom of Information and Protection of Privacy Act.

(3) On the day the Day Nurseries Act is repealed by section 1 of Schedule B, section 51.1 of the Act, as enacted by subsection (2), is repealed and the following substituted:

Information and disclosure

Disclosure by Minister

Disclosure to Minister

Disclosure to College

Limits on collection and use

(4) The College shall not collect or use more personal information under subsection (3) than is reasonably necessary to meet the purpose of the collection or use.

Definition

(5) In this section,

(4) The Act is amended by adding the following section:

Information and disclosure

Disclosure by Minister

Disclosure to Minister

Disclosure to College

Limits on collection and use

(4) The College shall not collect or use more personal information under subsection (3) than is reasonably necessary to meet the purpose of the collection or use.

Definition

(5) In this section,

30. (1) Subsection 57 (1) of the Act is amended by striking out "$2,000" and substituting "$5,000" and by striking out "$5,000" and substituting "$10,000".

(2) Subsection 57 (2) of the Act is amended by striking out "$5,000" at the end and substituting "$10,000".

(3) Subsection 57 (3) of the Act is amended by striking out "$5,000" at the end and substituting "$10,000".

(4) Subsection 57 (4) of the Act is amended by striking out "$5,000" at the end and substituting "$10,000".

(5) Subsection 57 (5) of the Act is amended by striking out "$5,000" at the end and substituting "$25,000".

31. Section 58 of the Act is repealed and the following substituted:

Transition: Child Care Modernization Act, 2013

Definition

58. (1) In this section,

"commencement date" means the day section 31 of Schedule C to the Child Care Modernization Act, 2013 comes into force.

Exemption from requirement to hold certificate of registration

(2) If, on the commencement date, a person described in subsection 3 (3) is engaged in activities that are part of the practice of early childhood education, the person continues to be exempt under subsection 3 (2) from the requirement to hold a certificate of registration until the day before the first anniversary of the commencement date.

Suspensions

(3) The entitlement under subsection 30 (3) to have a suspension removed from a certificate of registration does not apply in respect of suspensions that occurred before the commencement date, and the Registrar may not revoke a suspended certificate of registration under subsection 30 (4) if the suspension occurred before that day.

Matters begun before commencement date

(4) If, before the commencement date, a complaint was made under subsection 31 (1) or an application was made under subsection 36 (1) or (2), the following rules apply:

1. The complaint shall not be refused for being manifestly without substance or made for an improper purpose or for a reason set out in clause 31 (2) (c).

2. The amendments made by Schedule C to the Child Care Modernization Act, 2013 to subsections 29 (2) and (2.5) of this Act, apply to the matter, unless before the commencement date an order has been made in respect of the matter under subsection 33 (4), 34 (3) or 36 (6).

3. Unless before the commencement date an order has been made in respect of the matter under subsection 33 (4), 34 (3) or 36 (6), in dealing with the matter, the Registrar or a committee, as the case may be, shall apply the amendments made by Schedule C to the Child Care Modernization Act, 2013 to Parts IV, V and VI of this Act to the extent possible, but are not required to,

i. return to an earlier stage or repeat earlier steps in dealing with the matter, or

ii. change any determination or decision that was made before the commencement date.

4. Paragraph 3 does not apply for the purposes of section 33.2 and subsections 36 (4.1) and 37 (2).

5. Despite paragraph 3, subsection 31 (4.1) does not apply in the case of explanations or representations that were submitted under clause 31 (3) (b) before the commencement date.

6. Despite paragraph 3, section 31.2 does not apply to the matter.

7. Section 49 applies to the matter, unless before the commencement date an order has been made in respect of the matter under subsection 33 (4), 34 (3) or 36 (6).

(5) For the purposes of clauses 29 (2) (b), (b.1) and (d.1), the register is not required to contain the following information, other than such information that the register was required to contain before the commencement date:

1. Terms, conditions or limitations imposed on a certificate before the commencement date.

2. Restrictions imposed on a member's eligibility to practise before the commencement date.

3. Information about criminal proceedings that was provided to the Registrar before the commencement date.

Same

(6) Clause 29 (2.2) (a) applies for the purposes of any terms, conditions or limitations imposed on a certificate that the register contained on the commencement date.

Section 33.2 re sexual abuse

(7) Section 33.2 does not apply to an act of professional misconduct that involved sexual abuse of a child, as described in paragraph 1 of subsection 33.2 (2), that occurred before the commencement date.

Subsections 36 (4.1) and 37 (2) re application for reinstatement and sexual abuse

(8) Subsections 36 (4.1) and 37 (2) do not apply to an act of professional misconduct that involved sexual abuse of a child that occurred before the commencement date.

Sections 49.1, 49.2 and 49.3 re employer reports

(9) Sections 49.1, 49.2 and 49.3 do not apply to a report made under the predecessors to those sections before the commencement date.

Offences

(10) The amendments made by Schedule C to the Child Care Modernization Act, 2013 to section 57 of this Act do not apply to contraventions that occurred before the commencement date.

32. Part XI (sections 59 to 68) of the Act is repealed.

Commencement

33. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule D
Amendments to the Education Act

1. (1) The definition of "extended day program" in subsection 1 (1) of the Education Act is amended by adding "or 259.1" at the end.

(2) The definition of "third party program" in subsection 1 (1) of the Act is amended by adding "or 259.1" at the end.

2. (1) The following apply with respect to the application of subsections (2) to (4):

1. Subsections (2) and (3) apply if, on the day this subsection comes into force, the Day Nurseries Act has not been repealed by section 1 of Schedule B.

2. Subsection (4) applies if the Day Nurseries Act is repealed by section 1 of Schedule B on or before the day this subsection comes into force.

(2) Subsection 11 (1) of the Act is amended by adding the following paragraph:

use of schools for child care programs

37. governing the amount or the method of determining the amount that may be charged by a board to operators of third party programs or child care programs for the use of school buildings or premises.

(3) On the day the Day Nurseries Act is repealed by section 1 of Schedule B, paragraph 37 of subsection 11 (1) of the Act, as enacted by subsection (2), is repealed and the following substituted:

use of schools for child care programs

37. governing the amount or the method of determining the amount that may be charged by a board to operators of third party programs or child care and early years programs and services (within the meaning of the Child Care and Early Years Act, 2013) for the use of school buildings or premises.

(4) Subsection 11 (1) of the Act is amended by adding the following paragraph:

use of schools for child care programs

3. Paragraph 49 of subsection 171 (1) of the Act is repealed and the following substituted:

child care centres

49. operate child care centres within the meaning of the Child Care and Early Years Act, 2013, subject to that Act;

4. (1) The following apply with respect to the application of subsections (2) to (4):

1. Subsections (2) and (3) apply if, on the day this subsection comes into force, the Day Nurseries Act has not been repealed by section 1 of Schedule B.

2. Subsection (4) applies if the Day Nurseries Act is repealed by section 1 of Schedule B on or before the day this subsection comes into force.

(2) Subsection 259 (2) of the Act is repealed and the following substituted:

Third party programs

(2) A board shall ensure that a third party program operated for the purposes of this section meets the following requirements:

1. The program must be a day nursery licensed under the Day Nurseries Act, or another program prescribed by the regulations made under this Part.

2. The program must be led by an early childhood educator or another person who an operator of a day nursery may employ for the purposes of subsection 59 (1) of Regulation 262 of the Revised Regulations of Ontario, 1990 (General) made under the Day Nurseries Act.

3. The program must meet any conditions and criteria prescribed by the regulations, policies or guidelines made under this Part, including conditions and criteria related to programs or operators of programs.

(3) On the day the Day Nurseries Act is repealed by section 1 of Schedule B, subsection 259 (2) of the Act, as re-enacted by subsection (2), is repealed and the following substituted:

Third party programs

(2) A board shall ensure that a third party program operated for the purposes of this section meets the following requirements:

1. The program must be a child care centre licensed under the Child Care and Early Years Act, 2013 or another program prescribed by the regulations made under this Part.

2. The program must be led by an early childhood educator or another person who meets the criteria of a person who the operator of a child care centre is required to employ as a child care provider, as set out in a regulation made under the Child Care and Early Years Act, 2013.

(4) Subsection 259 (2) of the Act is repealed and the following substituted:

Third party programs

(2) A board shall ensure that a third party program operated for the purposes of this section meets the following requirements:

1. The program must be a child care centre licensed under the Child Care and Early Years Act, 2013 or another program prescribed by the regulations made under this Part.

5. (1) Section 259.1 of the Act is repealed and the following substituted:

Third party programs

259.1 A board shall ensure that a third party program operated in a school of the board meets the following requirements:

1. The program must be a child care centre licensed under the Child Care and Early Years Act, 2013 or another program prescribed by the regulations made under this Part.

(2) Section 259.1 of the Act, as re-enacted by subsection (1), is repealed and the following substituted:

Extended day or third party programs: grade 1 to 6 pupils

259.1 (1) Subject to the regulations, policies and guidelines made under this Part, every board shall do one of the following on every school day, other than professional activity days, outside the time when classes are operated in the school, for pupils of each elementary school of the board who are enrolled in grades 1 to 6:

1. Operate an extended day program.

2. Ensure that a third party program is operated by a person or entity other than a board.

Third party programs

(2) A board shall ensure that a third party program operated for the purposes of this section meets the following requirements:

1. The program must either,

i. meet the requirements set out in subsection 259 (2) for a third party program operated for the purposes of subsection 259 (1), or

ii. be a program prescribed by the regulations made under this Part.

2. The program must meet any conditions and criteria prescribed by the regulations, policies or guidelines made under this Part, including conditions and criteria related to programs or operators of programs.

Same

(3) Two or more boards may enter into agreements for the purposes of subsection (4).

Same

(4) Subject to the regulations, policies and guidelines made under this Part, a board may do one of the following outside the time when classes are operated in the school, for pupils enrolled in a school of another board if the board has entered into an agreement with the other board to do so:

1. Operate an extended day program.

2. Ensure that a third party program is operated by a person or entity other than a board.

Same

(5) If an agreement under subsection (4) provides that the program will be operated on every school day, other than professional activity days, for pupils who are enrolled in grades 1 to 6 in a school of the other board, the other board is relieved of its obligations under subsection (1) with respect to the pupils enrolled in that school until,

(a) the agreement is terminated or expires; or

(b) if the program is a third party program, the program is terminated or ceases to operate.

No limitation of rights

(6) Subject to subsection (7), nothing in this section limits any right of a board to enter into an agreement with a person or entity to operate a program for pupils enrolled in a school of the board.

Conflict with subs. (1) program

(7) A board shall not enter into an agreement with a person or entity, other than a board, to operate a program for pupils enrolled in a school of the board that is of the same nature as a program operated under subsection (1).

6. (1) Subsection 259.3 (1) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Termination or cessation of third party program

(1) If a third party program operated in a school of a board under section 259, or operated for pupils enrolled in a school of a board under section 259.1, is terminated or ceases to operate during a school year, the following applies:

. . . . .

(2) Paragraph 1 of subsection 259.3 (1) of the Act is repealed and the following substituted:

1. The board is relieved of its obligations under subsection 259 (1) with respect to that school, or under subsection 259.1 (1) with respect to the pupils enrolled in that school, for seven days after the day the program is terminated or ceases to operate.

(3) Paragraph 2 of subsection 259.3 (1) of the Act is amended by adding "or 259.1 (1)" after "259 (1)" in the portion before subparagraph i.

(4) Subsection 259.3 (2) of the Act is amended by striking out the portion before paragraph 1 and substituting the following:

Same, s. 259 (5) or 259.1 (5) agreement

(2) If a third party program operated under an agreement referred to in subsection 259 (5) or 259.1 (5) is terminated or ceases to operate during a school year, the following applies to the board that was relieved of its obligations under subsection 259 (5) or 259.1 (5), as the case may be:

. . . . .

(5) Paragraph 1 of subsection 259.3 (2) of the Act is repealed and the following substituted:

1. The board continues to be relieved of its obligations under subsection 259 (1) with respect to the school, or under subsection 259.1 (1) with respect to the pupils enrolled in the school, in respect of which the agreement applies, for seven days after the day the program is terminated or ceases to operate.

(6) Paragraph 2 of subsection 259.3 (2) of the Act is amended by adding "or 259.1 (1)" after "259 (1)" in the portion before subparagraph i.

7. Subsection 260.3 (3) of the Act is amended by,

(a) striking out "whether in junior kindergarten, kindergarten or otherwise"; and

(b) adding "or 259.1" at the end.

8. (1) Subsection 260.4.1 (1) of the Act is repealed and the following substituted:

Policies and guidelines: extended day and third party programs

(1) The Minister may issue policies and guidelines, and require boards to comply with them,

(a) respecting the schools at which a board is required and is not required to operate or ensure the operation of a program under subsection 259 (1);

(b) respecting the schools in respect of which a board is required and is not required to operate or ensure the operation of a program under subsection 259.1 (1);

(c) respecting the locations at which boards may or shall operate or ensure the operation of a program under subsection 259.1 (1);

(d) authorizing boards to operate or ensure the operation of a program under subsection 259.1 (1) for pupils of more than one school of the board for the purposes of complying with its obligations under that subsection;

(e) clarifying whether or not a program is of the same nature as a program operated under subsection 259 (1) or 259.1 (1), for the purposes of subsections 259 (7) and 259.1 (7);

(f) governing the circumstances in which and the ways in which boards shall engage parents and other persons or entities that have an interest in the provision of extended day or third party programs in matters relating to the provision of those programs.

(2) Subsection 260.4.1 (2) of the Act is amended by striking out "in schools of the board" at the end.

9. (1) Clause 260.5 (2) (d) of the Act is amended by striking out "subsections 259 (1), (2) and (4)" and substituting "subsections 259 (1) and (4) and 259.1 (1) and (4)".

(2) Subclause 260.5 (2) (f) (ii) of the Act is amended by adding "or 259.1 (4)" at the end.

(3) Clause 260.5 (2) (i) of the Act is amended by striking out "subsection 259 (2) or (4)" and substituting "subsection 259 (4) or subsection 259.1 (1) or (4)".

10. Clause 260.5.1 (1) (b) of the Act is amended by striking out "paragraph 3 of section 259.1" and substituting "paragraph 3 of subsection 259 (2) or paragraph 2 of subsection 259.1 (2)".

11. (1) Clause 260.5.2 (b) of the Act is amended by striking out "section 259.1" at the end and substituting "subsection 259 (2)".

(2) Section 260.5.2 of the Act is amended by adding the following clause:

12. Subsection 260.8 (1) of the Act is amended by adding "or the implementation of amendments to this Part" at the end.

13. (1) Subsections 266.2 (2) to (4) of the Act are repealed and the following substituted:

Same

(2) The persons and entities described in subsection (3) are authorized to collect personal information, directly or indirectly, and to use and disclose personal information, for the purposes of,

(a) assigning Ontario education numbers under subsection (1); and

(b) validating and updating the numbers and the personal information associated with them.

Same

(3) Subsection (2) applies to:

1. The Minister.

2. Prescribed educational and training institutions.

3. Prescribed persons.

4. Prescribed entities that co-ordinate a person's enrolment in or admission to a prescribed educational or training institution.

Same

(5) The disclosure of information under subsection (2) is deemed to be for the purposes of complying with this Act.

(2) Subsection 266.2 (5) of the Act, as enacted by subsection (1), is amended by adding "or the Child Care and Early Years Act, 2013" at the end.

14. Sections 277.50 to 277.52 of the Act are repealed.

Commencement

15. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule E
Consequential AMENDMENTS TO OTHER ACTS

Assessment Act

1. Paragraph 11 of subsection 3 (1) of the Assessment Act is amended by striking out "day care centre" at the end and substituting "child care centre".

Child and Family Services Act

2. (1) Clause 72 (5) (b) of the Child and Family Services Act is amended by striking out "operator or employee of a day nursery and youth and recreation worker" at the end and substituting "youth and recreation worker, and operator or employee of a child care centre or home child care agency or provider of licensed child care within the meaning of the Child Care and Early Years Act, 2013".

(2) Clause (d) of the definition of "children's residence" in section 192 of the Act is repealed and the following substituted:

(d) a child care centre as defined in the Child Care and Early Years Act, 2013,

Health Protection and Promotion Act

3. Clause (d) of the definition of "institution" in subsection 21 (1) of the Health Protection and Promotion Act is repealed and the following substituted:

(d) "child care centre" within the meaning of the Child Care and Early Years Act, 2013,

Housing Services Act, 2011

4. (1) Clause 174 (1) (a) of the Housing Services Act, 2011 is amended by striking out "or the Day Nurseries Act" and substituting "the Child Care and Early Years Act, 2013 or the Day Nurseries Act".

(2) Paragraph 3 of subsection 174 (2) of the Act is repealed and the following substituted:

3. A director appointed under the Child Care and Early Years Act, 2013.

(3) Subclause 176 (a) (i) of the Act is amended by striking out "Day Nurseries Act" and substituting "Child Care and Early Years Act, 2013".

Income Tax Act

5. (1) The definition of "child care services" in subsection 8.5 (1) of the Income Tax Act is repealed and the following substituted:

"child care services" means the following services:

1. The provision of licensed child care under the Child Care and Early Years Act, 2013.

2. The provision of funding to participants in employment assistance activities under the Ontario Works Act, 1997, for the purpose described in paragraph 7 of subsection 66.1 (2) of Regulation 262 of the Revised Regulations of Ontario, 1990 (General), made under the Day Nurseries Act, as it read immediately before the repeal of the Day Nurseries Act came into force; ("services de garde d'enfants")

(2) Paragraph 3 of subsection 8.5 (2) of the Act is repealed and the following substituted:

3. It is provided by,

i. a service manager under the Child Care and Early Years Act, 2013, or

ii. the Ministry of Education.

Pay Equity Act

6. Clauses 1 (n) and (o) under the heading "Ministry of Community and Social Services" in the Appendix to the Schedule to the Pay Equity Act are repealed and the following substituted:

(n) operates a child care centre or is a home child care agency within the meaning of the Child Care and Early Years Act, 2013;

(o) operates programs providing services to child care centres funded under the Child Care and Early Years Act, 2013;

Smoke-Free Ontario Act

7. Paragraphs 4 and 5 of subsection 9 (2) of the Smoke-Free Ontario Act are repealed and the following substituted:

4. A child care centre within the meaning of the Child Care and Early Years Act, 2013.

5. A place where home child care is provided within the meaning of the Child Care and Early Years Act, 2013, whether or not children are present.

5.1 A place where an early years program or service is provided within the meaning of the Child Care and Early Years Act, 2013.

Social Contract Act, 1993

8. (1) Clause 1 (k) under the heading "MINISTRY OF COMMUNITY AND SOCIAL SERVICES" in the Appendix to the Schedule to the Social Contract Act, 1993 is repealed and the following substituted:

(k) operates a child care centre or is a home child care agency under the authority of a licence issued under the Child Care and Early Years Act, 2013;

(2) Section 2 under the heading "MINISTRY OF COMMUNITY AND SOCIAL SERVICES" in the Appendix to the Schedule to the Act is repealed and the following substituted:

2. Municipalities and other corporations operating child care centres under the Child Care and Early Years Act, 2013 and receiving direct subsidies from the Ministry of Education.

Commencement

9. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

EXPLANATORY NOTE

The Bill enacts the Child Care and Early Years Act, 2013, repeals the Day Nurseries Act, amends the Education Act and the Early Childhood Educators Act, 2007, and makes consequential amendments to various other Acts.

SCHEDULE A

Schedule A enacts the Child Care and Early Years Act, 2013. The Act includes the following Parts:

Part I – Purposes and Interpretation

Section 1 sets out the purposes of the Act, which are to foster the learning, development, health and well-being of children and to enhance their safety.

Included in sections 2 to 4 is a definition of "child care" as the provision of temporary care for or supervision of children in any circumstance other than exempt circumstances. Also included is a list of the exempt circumstances.

Part II – Protective Measures

Section 5 provides that the prohibitions and duties in Part II do not apply with respect to exempt circumstances, with some exceptions.

Section 6 prohibits the operation of a child care centre without a licence. This does not apply to the provision of home child care, in-home services, or to certain other circumstances.

Section 7 prohibits the operation of a home child care agency without a licence.

Section 8 prohibits, in certain circumstances, the operation of multiple premises where child care is provided.

Section 9 prohibits certain persons, based on their past conduct, from providing child care or engaging in other activities relating to the provision of child care.

Section 10 includes prohibitions relating to preventing a parent from having access to his or her child or to a premises at which child care is being provided for his or her child.

Section 11 prohibits the use of certain terms in connection with the provision of temporary care for or supervision of children where it is not provided under the authority of a licence.

Section 12 requires certain persons to disclose, when providing child care, that they do not have a licence.

Section 13 requires a person who provides child care, operates a premises where child care is provided or operates a home child care agency to act in accordance with the regulations.

Section 14 contains requirements relating to posting, returning and copying licenses.

Section 15 requires the provision of receipts in relation to payments for child care.

Sections 16 and 17 relate to the provision of and use of terms relating to accreditations, certifications or other designations of child care or early years programs or services.

Section 18 requires certain persons to report their suspicions to a director that there is an imminent threat to the health, safety or welfare of a child for whom child care is provided.

Section 19 requires the Minister to publish information about contraventions of the Act.

Part III – Licensing

Sections 20 to 27 establish the licensing system.

Part IV – Inspections

Sections 28 to 35 establish the inspection scheme.

Part V – Enforcement

Sections 36 to 46 establish the enforcement scheme, which includes compliance orders, protection orders, restraining orders and administrative penalties.

Part VI – Service System Planning for Child Care and Early Years Programs and Services

Sections 47 to 62 establish a system of child care and early years programs and services for the Province.

Sections 51 and 52 require service managers to have child care and early years programs and services plans for their service areas. Service managers are designated municipalities and district social services administration boards.

Sections 53 to 55 establish the role of the Minister and provide for ministerial policy statements.

Sections 56 to 62 set out various duties and powers of service managers. These sections also establish the role of prescribed local authorities and First Nations.

Part VII – General

Sections 63 to 79 address various matters. Included in those matters are the collection, use and disclosure of personal information, the assignment of Ontario education numbers and general prohibitions.

Sections 80 to 84 govern the making of regulations by the Minister and the Lieutenant Governor in Council.

Part VIII – Transition and Consequential Amendment

Sections 85 to 88 deal with transitional matters and a consequential amendment.

Part IX - Commencement and Short Title

Sections 89 and 90 address commencement and the short title.

SCHEDULE B

Schedule B repeals the Day Nurseries Act.

SCHEDULE C

Schedule C amends the Early Childhood Educators Act, 2007. The principal amendments made by the Schedule include the following:

Amendments to section 1 include the addition of the definitions of "professional misconduct" and "sexual misconduct".

Section 3 is amended to provide that, if a person has satisfied the educational and training requirements for qualifying for a certificate of registration, he or she is prohibited from engaging in activities that are part of the practice of early childhood education unless he or she has a certificate of registration.

Section 7 adds as objects of the College the accreditation of programs in early childhood education and ongoing education programs.

Section 29 is amended to require that the register of the College include additional information, including information about disciplinary matters, and sets out requirements and restrictions relating to the removal of information.

Section 30 is amended to permit, in certain circumstances, the removal of suspensions from certificates of registration and the revocation of suspended certificates of registration.

Various amendments are made to Part V (Complaints Committee, Discipline Committee and Fitness to Practise Committee), including the following:

1. Subsection 31 (2) is amended to provide for additional circumstances in which the Complaints Committee shall refuse to consider and investigate a complaint, including where a complaint is manifestly without substance or made for an improper purpose.

2. The new section 31.1 establishes a complaint resolution process for the complaints stage. The Registrar may refer the College and a member to that process in certain circumstances.

3. The new section 32.1 requires the Registrar to refer a complaint to the Executive Committee if the Registrar believes that there was likely a duty on the complainant or any other person to report the matter under the Child and Family Services Act. The Executive Committee is required to consider whether or not to direct the Discipline Committee to hear and determine the matter and, if it makes such a direction, whether or not to make an interim order in relation to the member's certificate of registration.

4. The new section 33.1 establishes a complaint resolution process for the disciplinary stage. The Discipline Committee or, if authorized by the Discipline Committee, the Registrar, may refer the College and a member to that process in certain circumstances.

5. The new section 33.2 provides that where the Discipline Committee finds a member guilty of committing sexual abuse of a child that consisted of a specified act, or a prohibited act involving child pornography, the Committee is required to order that the member's certificate be revoked and that the member be reprimanded.

6. The new section 35.1 sets out the circumstances in which the Discipline Committee is authorized to make an order banning the publication of information disclosed during a hearing, and the circumstances in which the Committee is required to make such an order.

Part VI (Reinstatement and Variation) of the Act is amended. The new subsections 36 (4.1) and 37 (2) provide that where a person's certificate was revoked based on a finding of sexual abuse of a child, sexual misconduct or a prohibited act involving child pornography, the person may not apply for a new certificate, and the Council or Executive Committee may not order that a new certificate be issued to the person, earlier than five years after the revocation.

The new subsection 39 (2.1) authorizes the Registrar to appoint an investigator in emergency situations.

Sections 43 and 45 are amended to provide new authority to make regulations that relate to other amendments made to the Act.

The new section 49 sets out the information that the College is required to publish on its website or in its official publication, including decisions and resolutions of the Discipline Committee.

The new sections 49.1 and 49.2 require an employer to report to the Registrar in certain circumstances, including when the member's employment is terminated and when the member has been charged with or convicted of certain offences under the Criminal Code (Canada). The sections specify the steps that must be taken by the employer and by the Registrar upon the filing of a report.

The new section 49.3 requires the College to inform employers when decisions and orders respecting members are made that relate to complaints or to proceedings of the Discipline Committee or the Fitness to Practise Committee and in other circumstances.

The new section 50.1 requires a designated person or body to report to the Registrar if the person or body suspects that there is a risk that a person is likely to suffer harm inflicted by a member, and believes that urgent disclosure is needed.

The new section 51.1 describes when information, including personal information, may be or is required to be provided to the Minister or to the College.

Section 57 of the Act is amended to increase the amounts of fines for various contraventions of the Act.

The new section 58 deals with transitional matters that arise in relation to the Schedule.

Various amendments are made to reflect new terminology enacted in the Child Care and Early Years Act, 2013.

SCHEDULE D

Schedule D amends the Education Act.

Currently, Part IX.1 of the Act requires boards to operate extended day programs or to ensure the operation of third party programs for pupils enrolled in junior kindergarten and kindergarten.

The Act is amended to also require boards to operate extended day programs or to ensure the operation of third party programs for pupils enrolled in grades 1 to 6. The amendments set out requirements that apply to third party programs operated for pupils in grades 1 to 6.

SCHEDULE E

Schedule E makes consequential amendments to other Acts.