Bill 199 2016

An Act to amend the Child Care and Early Years Act, 2014 with respect to waiting lists for child care

Preamble

Access to quality child care is essential to a well-functioning society. The shortage of child care spots in Ontario has led some licensees and child care providers to charge waiting list fees that are exploitative. Child care waiting list fees impose an undue financial burden on families, but do not guarantee access to quality child care.

Child care waiting lists are often administered in a non-transparent manner that does not allow families to identify where they are on a list, or to assess their likelihood of securing a child care spot. Because of the lack of transparency, there is a risk that waiting lists will be administered in an unfair or discriminatory way.

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

   1.  The Child Care and Early Years Act, 2014 is amended by adding the following sections:

Child care waiting lists

   14.1  (1)  No licensee or child care provider shall establish or maintain a waiting list for child care, except as provided for in this section.

Waiting list policy

   (2)  Every licensee or child care provider who establishes and maintains a waiting list for child care shall do the following:

    1.  Prepare a written policy governing the administration of the waiting list and setting out the order in which child care placements will be offered if it is other than on a first come, first served basis.

    2.  Post the policy on a publicly accessible website or make the policy available, on request, to any member of the public free of charge. 

    3.  Review the policy as often as necessary, but at least annually. 

Waiting list requirements

   (3)  Every licensee or child care provider who establishes and maintains a waiting list for child care shall do the following:

    1.  Offer child care placements in accordance with the policy described in subsection (2). 

    2.  Post an up-to-date copy of the waiting list on a publicly accessible website or make a copy of the waiting list available, on request, to any member of the public free of charge.

    3.  Comply with such other requirements relating to waiting lists as may be prescribed.

Personal information

   (4)  A copy of a waiting list that is posted on a website or made available under paragraph 2 of subsection (3) must satisfy such requirements as may be prescribed for the protection of personal information. 

Prohibition - fees and deposits

   14.2  No licensee or child care provider shall charge or accept a fee or deposit in respect of a child care waiting list. 

   2.  Subsection 78 (1) of the Act is amended by adding the following paragraphs:

  7.1  Subsection 14.1 (1) (Child care waiting lists).

  7.2  Section 14.2 (Prohibition re fees and deposits).

   3.  Subsection 82 (1) of the Act is amended by adding the following clauses:

(o.1) prescribing requirements relating to child care waiting lists for the purposes of subsection 14.1 (3); 

(o.2) prescribing requirements relating to the protection of personal information on child care waiting lists for the purposes of subsection 14.1 (4);

Commencement

   4.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   5.  The short title of this Act is the Child Care and Early Years Amendment Act (Child Care Waiting Lists), 2016.

EXPLANATORY NOTE

The Bill amends the Child Care and Early Years Act, 2014 with respect to waiting lists for child care. The new section 14.1 prohibits licensees and child care providers from establishing or maintaining child care waiting lists other than in accordance with that section. Licensees and child care providers are also prohibited from charging or accepting fees or deposits in respect of a child care waiting list.