GENERAL

CONTENTS PART I INTERPRETATION AND APPLICATION OF ACT 1. Definitions 2. Exemptions: recreational and academic activities 3. Other exemptions 3.1 Authorized recreational and skill building programs PART II OPERATION OF CHILD CARE CENTRES AND HOME CHILD CARE General 6. Licensee responsible 6.0.1 In-home services 6.1 Implementation of policies, procedures and individualized plans Ratios of Employees to Children and Group Size 7. Age categories 8. Ratios and maximum group sizes, child care centre 8.1 Licensed family age groups 9. Home child care group sizes 10. Resource consultant 11. Supervision by adult at all times 11.1 Supervision of volunteers and students Building, Equipment and Playground — Child Care Centres 12. Child care centres in schools 13. Compliance with health and safety standards, Building Code, Fire Code, etc. 13.1 Eligibility for Canada-Wide Early Learning and Child Care System 14. Approval by director of plans re child care centre 15. Designated spaces 16. Play activity space 17. Play activity rooms 19. Play materials, equipment and furnishings 20. First or second storey 21. Window glass 22. Artificial illumination 23. Temperature 24. Outdoor play space 24.1 Septic system access points 24.2 Motor vehicle impact protection 24.3 Hazards 24.4 Unauthorized entry Building, Equipment and Playground — Home Child Care 25. Compliance with health and safety standards 26. Home child care visitor 27. Play materials, equipment and furnishings 28. Temperature 29. Balconies 30. Outdoor play 30.1 Bodies of water 31. Hazards 31. Septic system access points 31.1 Hazards — home child care Health and Medical Supervision 32. Medical officer of health directions, inspections 33.1 Sleep policies and supervision 34. First-aid 35. Immunization 36. Child illness and accident 37. Daily written record 38. Serious occurrences 39. Anaphylactic policy 39.1 Children with medical needs 40. Administration of drugs or medications 41. Dogs and cats Nutrition 42. Requirements re food and drink 43. Posting of menus and allergies 44. Special arrangements Program for Children 45. Parent handbook 45.1 Parent issues and concerns 46. Program statement 47. Program requirements re activity, rest, sleep, outdoor play, etc. 48. Prohibited practices 49. Policies and procedures re program for children 50. Safe arrival and dismissal policy 52. Individualized support plan Staff Qualifications 53. Supervisor 54. Qualified employees 55. Resource consultant 56. Home child care visitor 57. Health assessments and immunization of staff 58. Staff training and development Staff Screening Measures and Police Record Checks 59. Interpretation 60. Duty to obtain initial record check 61. Exceptions 61.1 Other persons at child care centre 62. When new record check or offence declaration needed 62.1 Exception 63. Break in employment or other relationship 64. Exception, where conflict with other legislation 65. Policies and procedures re record checks Emergency Preparedness 67. Emergency 68. Fire safety procedures and drills 68.1 Emergency management 68.2 Missing child procedures and drills 69. Emergency telephone numbers 70. Contact information for parents Administrative Matters 71. Insurance 72. Records re children 73. Release of information 74. Records re home child care providers 75. Copies of agreements 75.1 Waiting lists 77. Statistical information Canada-Wide Early Learning and Child Care System 77.1 Application to Canada-Wide Early Learning and Child Care System 77.2 Base fee for licensees enrolled in the Canada-Wide Early Learning and Child Care System 77.3 Notice of disenrollment 77.5 Role of service system manager 77.6 Exception PART III ADMINISTRATIVE PENALTIES 78. Amount of administrative penalty 79. Application for review of notice of administrative penalty 80. Designated senior employee PART IV MISCELLANEOUS 81. Fee for licence 82. Record retention 83. Prescribed manner of disclosure of no licence 83.1 Communications for parents 84. Signage 85. Return of signage 85.1 Publication of information 85.2 Term of licence 86. Provisional licences 87. Police record check 87.1 Child care and early years programs and services plans 88. Power of director 88.1 Prescribed offences Schedule 1 Requirements re child care centres Schedule 4 Requirements re licensed family age groups PART I iNTERPReTATION AND APPLICATION of Act Definitions 1. (1) In this Regulation, “agreement date” means the day the Province of Ontario and the Government of Canada entered into an agreement providing for the Canada-Wide Early Learning and Child Care System; (“date de l’entente”) “base fee” means any fee or part of a fee that is charged in respect of a child for child care, including anything a licensee is required to provide under this Regulation or anything a licensee requires the parent to purchase from the licensee, but does not include a non-base fee; (“frais de base”) “Canada-Wide Early Learning and Child Care System” means the Canada-Wide Early Learning and Child Care System for early years and child care funding provided for in an agreement entered into by the Province of Ontario and the Government of Canada; (“système pancanadien d’apprentissage et de garde des jeunes enfants”) “child with medical needs” means a child who has one or more chronic or acute medical conditions such that he or she requires additional supports, accommodation or assistance; (“enfant ayant des besoins médicaux”) “child with special needs” means a child whose cognitive, physical, social, emotional or communicative needs, or whose needs relating to overall development, are of such a nature that additional supports are required for the child; (“enfant ayant des besoins particuliers”) “eligible child” means, (a) any child, until the last day of the month in which the child turns six years old, and (b) up until June 30 in a calendar year, any child who, (i) turns six years old between January 1 and June 30 in that calendar year, and (ii) is enrolled in a licensed infant, toddler, preschool or kindergarten group, a licensed family age group, or home child care; (“enfant admissible”) “individualized plan” means, (a) an individualized plan required under section 39 for a child with an anaphylactic allergy, (a.1) an individualized plan required under section 39.1 for a child with medical needs, and (b) an individualized support plan required under section 52 for a child with special needs; (“plan individualisé”) “inspector” means an inspector appointed under section 28 of the Act; (“inspecteur”) “licensed age group” means a group of children at a child care centre, where the group is in a specified age category set out in Schedule 1 for which a licensee is licensed to provide child care at the child care centre, and the terms “licensed infant group”, “licensed toddler group”, and so on, have corresponding meanings; (“groupe d’âge autorisé”) “licensed capacity” means the maximum number of children, including the number in each age category, allowed to be receiving child care in the child care centre at one time as set out in the licence of the child care centre; (“capacité autorisée”) “licensed family age group” is a group of children, whether or not from the same family, for which a licensee is licensed to provide child care at a child care centre in accordance with section 8.1; (“groupe autorisé de regroupement familial”) “mixed-age grouping” means placing, within a licensed age group, children whose age does not fall within the age range specified for the age category of the licensed age group, as set out in Schedule 1; (“regroupement d’enfants d’âge mixte”) “non-base fee” means, (a) any fees charged for optional items or optional services, such as transportation or field trips, or (b) any fees charged pursuant to an agreement between the parent and the licensee in respect of circumstances where the parent fails to meet the terms of the agreement, such as, (i) fees for picking up a child late, and (ii) fees to obtain items that the parent agreed to provide for their child but failed to provide; (“frais divers”) “program adviser” means a person designated under section 68 of the Act; (“conseiller en programmes”) “qualified employee” means a person described in section 54; (“employé qualifié”) “regulated health professional” means a health practitioner whose profession is regulated under the Regulated Health Professions Act, 1991; (“professionnel de la santé réglementé”) “serious occurrence” means, (a) the death of a child who received child care at a home child care premises or child care centre, (b) abuse, neglect or an allegation of abuse or neglect of a child while receiving child care at a home child care premises or child care centre, (c) a life-threatening injury to or a life-threatening illness of a child who receives child care at a home child care premises or child care centre, (c.1) Revoked: O. Reg. 73/22, s. 1. (d) an incident where a child who is receiving child care at a home child care premises or child care centre goes missing or is temporarily unsupervised, or (e) an unplanned disruption of the normal operations of a home child care premises or child care centre that poses a risk to the health, safety or well-being of children receiving child care at the home child care premises or child care centre. (“incident grave”) O. Reg. 137/15, s. 1 (1); O. Reg. 126/16, s. 1; O. Reg. 51/18, s. 1; O. Reg. 261/20, s. 1 (1, 2); O. Reg. 442/20, s. 1; O. Reg. 633/20, s. 1 (1, 2); O. Reg. 174/21, s. 2; O. Reg. 73/22, s. 1; O. Reg. 236/22, s. 1; O. Reg. 469/22, s. 1. (2) Despite the definition of a “child with special needs” in subsection (1), nothing in this Regulation shall be interpreted as prohibiting a person with special needs who is older than 13 years but younger than 18 years from receiving a service set out in subsection 6 (1) of Ontario Regulation 138/15 (Funding, Cost Sharing and Financial Assistance) made under the Act. O. Reg. 137/15, s. 1 (2). (3) Revoked: O. Reg. 633/20, s. 1 (3). Exemptions: recreational and academic activities 2. (1) The following factors shall be considered, as may be relevant, when ascertaining the primary purpose of a program or service described in paragraph 7 or 8 of subsection 4 (1) of the Act for the purpose of determining whether the program or service is provided in exempt circumstances: 1. The schedule of operation for the program or service, including the time of the year, the days of the week, the times of the day and the number of hours each day that the program is operated. 2. The ages of the children in the program or service. 3. Whether the program or service provides or organizes transportation for children to or from the program. 4. Whether the type of facility in which the program or service is held and the furnishings and equipment used for the program or service are suitable and intended for the purpose described in the paragraph. 5. The content of the program or service and the portion of time dedicated to the purpose described in the paragraph. 6. Whether the registration and administration for the program or service is coordinated with the registration and administration for one or more other programs or services offered by the same provider. (1.1) A program or service described in paragraph 7 of subsection 4 (1) of the Act is not provided in exempt circumstances for the purposes of subsection 4 (1) of the Act if it is provided, (a) by a private school (within the meaning of the Education Act); or (b) as part of a camp that, (i) is not operated for more than 13 weeks in a calendar year, (ii) is not operated on days on which instruction is typically provided for pupils enrolled in schools, and (iii) provides care or supervision every weekday for at least two hours each day. O. Reg. 126/16, s. 2 (1). (2) A program or service described in paragraph 8 of subsection 4 (1) of the Act is provided in exempt circumstances for the purposes of subsection 4 (1) of the Act only if, (a) the program or service is operated for children who are four years old or older or, if the care or supervision is provided on or after the first day of school in a calendar year, will attain the age of four in that year; (b) the program or service is not operated on the days and during the times when school is typically operated by a school board; and (c) the primary purpose of the program or service, as ascertained in accordance with subsection (1), is not to provide temporary care for or supervision of children but rather to assist children with academic studies and skills. O. Reg. 137/15, s. 2 (2); O. Reg. 126/16, s. 2 (2). Other exemptions 3. (1) Care or supervision that is provided as follows is prescribed, for the purposes of paragraph 11 of subsection 4 (1) of the Act, as an activity that is provided in exempt circumstances: preparation for JK 1. Care or supervision that is provided as part of, i. a program or service operated by a school board, a person with the written approval of a school board or by a child and family program, or ii. a program administered by a First Nation, by the Government of Canada for First Nation children or by a person with the written approval of a First Nation or the Government of Canada, and the program or service, iii. prepares children for entry into junior kindergarten, iv. is provided only for pupils who are enrolled, or eligible to be enrolled, to begin junior kindergarten in a school within 12 months after the day the program or service starts, and v. is operated for no more than 7.5 hours per week or 72 hours in total. nutrition program 2. Care or supervision that is provided as part of a program or service where, i. the purpose of the program or service is to provide children with a nutritious meal or snack to help ensure that the children will be well-nourished and ready to learn, and ii. the program or service is operated for children in partnership with the children’s school, a child and family program or an entity that is funded publicly or by a community organization. service provided by regulated health professionals 3. Care or supervision that is part of a service for children with special needs that is provided by, or under the supervision of, a regulated health professional who is acting within the scope of his or her practice. 4. Revoked: O. Reg. 137/15, s. 92 (1). Protecting Child Performers Act, 2015 5. Care or supervision that is provided as part of a program or service for child performers when the child is at the workplace in accordance with the Protecting Child Performers Act, 2015. Social services or health-related services 6. Care or supervision that is provided as part of a program or service where, i. the purpose of the program or service is to permit a parent of a child to have access to training, education, social or health services delivered by a community or health-related organization, and such services are provided on the same premises where the care or supervision is provided to the child, ii. a parent of the child receiving the care or supervision remains on the premises throughout the time the care or supervision is provided, and iii. a parent of a child receiving the care or supervision is readily available to attend to the child if required. camp during strike or lock-out 7. Subject to subsection (1.1), care or supervision that is provided as part of a camp, whether or not the camp is operated for more than 13 weeks in a calendar year, provided that, i. the camp is not operated at a person’s home, ii. the camp provides care or supervision 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, and iii. the camp is operated on days on which instruction is typically provided for pupils enrolled in schools but, due to a strike by school board employees or a lock-out of school board employees, in-person instruction is not being provided for pupils on that day. O. Reg. 137/15, s. 3 (1), 92 (1); O. Reg. 126/16, s. 3; O. Reg. 51/18, s. 2 (1, 2); O. Reg. 2/20, s. 1 (1); O. Reg. 526/22, s. 1. (1.1) Care or supervision referred to in paragraph 7 of subsection (1) does not include temporary care for or supervision of children described in subsection 4 (3) of the Act. O. Reg. 2/20, s. 1 (2). (1.2) Any week during which a camp is operated in the circumstances set out in paragraph 7 of subsection (1) shall not be counted for the purposes of subparagraph 9 i of subsection 4 (1) of the Act. O. Reg. 2/20, s. 1 (2). (2) In this section, “child and family program” means a program or service funded by the Ministry that promotes early learning and child development and supports parents and other individuals in their caregiving role; (“programme pour l’enfance et la famille”) “lock-out” has the same meaning as in the School Boards Collective Bargaining Act, 2014; (“lock-out”) “school board” has the same meaning as in the School Boards Collective Bargaining Act, 2014; (“conseil scolaire”) “strike” has the same meaning as in the School Boards Collective Bargaining Act, 2014. (“grève”) O. Reg. 51/18, s. 2 (3); O. Reg. 2/20, s. 1 (3). Authorized recreational and skill building programs 3.1 (1) Subsection 6 (1) of the Act 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 criteria set out in paragraphs 1 to 4 of subsection 6 (4) of the Act and the following criteria: 1. The program operates, i. on weekdays during the school year, within the meaning of the Education Act, outside the time when instruction is typically provided for pupils enrolled in schools, and ii. for no more than one period of three or fewer consecutive hours each day. 2. The program is, i. operated by the local service system manager, a municipality, a school board, a First Nation or the Métis Nation of Ontario, ii. operated by an organization that delivers Ontario’s After School Program funded by the Ministry of Heritage, Sport, Tourism and Culture Industries, iii. operated by a member of YMCA Canada or by a member of BGC Canada, iii.1 operated by a member of a provincial sport organization or multi-sport organization recognized by the Ministry of Heritage, Sport, Tourism and Culture Industries, where the program’s activities are related to the sport or sports promoted by the organization, iii.2 operated by an organization that is recognized by Parks and Recreation Ontario as a HIGH FIVE accredited organization, iii.3 operated by a Friendship Centre that is a member of the Ontario Federation of Indigenous Friendship Centres, iv. operated by an agency or attraction of the Ministry of Heritage, Sport, Tourism and Culture Industries, v. authorized by the local service system manager to offer child care in their service area provided that the program can demonstrate to the local service system manager that it offers programming that supports the health, safety, and well-being of children, or vi. authorized by a First Nation to offer child care on their territory provided that the program can demonstrate to the First Nation that it offers programming that supports the health, safety and well-being of children. O. Reg. 126/16, s. 4 (2); O. Reg. 274/16, s. 1 (2); O. Reg. 51/18, s. 3; O. Reg. 254/19, s. 1; O. Reg. 174/21, s. 3 (1-4); O. Reg. 488/24, s. 1. (2) Subparagraph 1 ii of subsection (1) does not apply to the following programs if the program is approved by a director for the purposes of this subsection: 1. A program described in subparagraph 2 i of subsection (1), but only in the case of a program operated by the local services system manager, a municipality or a First Nation. 2. A program described in subparagraph 2 ii, iii or iii.3 of subsection (1). O. Reg. 174/21, s. 3 (5). 4. Revoked: O. Reg. 174/21, s. 4. 5. Revoked: O. Reg. 137/15, s. 92 (3). PART II OPERATION OF CHILD CARE CENTRES AND HOME CHILD CARE General Licensee responsible 6. (1) Subject to subsections (2) and (3), every licensee shall be responsible for the operation and management of each child care centre or home child care agency it operates, including the program, financial and personnel administration of each such child care centre or home child care agency. (2) A licensee may appoint a person who shall be responsible to the licensee for the day-to-day operation and management of each child care centre or home child care agency in accordance with subsection (1). (3) Where a licensee or a person appointed under subsection (2) is absent, the powers and duties of the licensee or the person appointed under subsection (2) shall be exercised and performed by such person as the licensee designates. (4) Every licensee of a child care centre shall employ a supervisor, who shall be a person described in section 53, who shall plan and direct the program of the child care centre, be in charge of the children, oversee the staff and who shall be responsible to the licensee. (5) Every licensee of a home child care agency shall employ at least one home child care visitor, who shall be a person described in section 56, who shall provide support at and monitor each premises where the licensee oversees the provision of home child care, and who shall be responsible to the licensee. O. Reg. 126/16, s. 5. In-home services 6.0.1 (1) Every provision in this Regulation that applies in respect of home child care, including requirements that apply to home child care providers or home child care agencies, shall also apply in respect of in-home services with the exception of the following: 1. Section 9 (home child care group sizes). 2. Section 25 (compliance with health and safety standards). 3. Section 28 (temperature). 4. Subsections 36 (1), (2) and (3) (child illness and accident). 5. Subsections 42 (1) and (2) (requirements re food and drink). 6. Section 44 (special arrangements). 7. Subsections 47 (3) and (4) (program requirements re activity, rest, sleep, outdoor play, etc.). 8. Section 50 (safe arrival and dismissal policy). O. Reg. 174/21, s. 5 (1); O. Reg. 325/23, s. 1. (2) For the purposes of subsection (1), any reference to “home child care” in a provision of this Regulation, including in a definition, shall be read as a reference to “home child care or in-home services”. O. Reg. 174/21, s. 5 (1). (3) Despite subsections (1) and (2), a reference in Table 1 or 2 to section 78 to a contravention shall not be read as including contraventions of provisions that apply in respect of in-home services pursuant to this section. O. Reg. 174/21, s. 5 (1). (4) Revoked: O. Reg. 174/21, s. 5 (2). Implementation of policies, procedures and individualized plans 6.1 (1) Every licensee shall ensure that the policies, procedures and individualized plans it is required to have under this Regulation are implemented at each child care centre it operates and at each premises where it oversees the provision of home child care. O. Reg. 126/16, s. 6. (2)-(6) Revoked: O. Reg. 51/18, s. 4 (1). Note: On January 1, 2027, section 6.1 of the Regulation is amended by adding the following subsection: (See: O. Reg. 197/26, s. 1) (2) Every licensee of a child care centre shall ensure that, if the policies, procedures and individualized plans that the licensee is required to have under this Regulation confer powers or impose duties on the supervisor of the child care centre, those policies, procedures and individualized plans identify one or more persons who shall be responsible for exercising those powers and duties in place of the supervisor in circumstances in which, (a) the supervisor is not on site; and (b) an urgent or pressing situation requires that the powers or duties be exercised immediately by an individual who is on site. O. Reg. 197/26, s. 1. (7) Every licensee of a child care centre or home child care agency shall have written policies and procedures that set out, (a) how compliance with the policies, procedures and individualized plans will be monitored on an ongoing basis, recorded and addressed; and (b) how contraventions of the policies, procedures and individualized plans will be monitored on an ongoing basis, recorded and addressed. O. Reg. 126/16, s. 6; O. Reg. 51/18, s. 4 (2). (8) Every licensee shall ensure that records of compliance or contraventions are kept in accordance with section 82. O. Reg. 126/16, s. 6. Ratios of Employees to Children and Group Size Age categories 7. (1) In this Part, a reference to a child by an age category name, such as “infant”, “toddler” and so on, means a child whose age is within the age range set out in Schedule 1 for that age category. O. Reg. 126/16, s. 7 (2); O. Reg. 51/18, s. 5. (2) Where this Part sets out different rules based on a child’s age category or the age category of a licensed age group, the following applies in respect of children in a group in which mixed-age grouping is used: 1. If a rule is stated as applying to a licensed age group, or to a child in a licensed age group, the rule applies to each child in the group as if each child’s age fell within the age range of the licensed age group. 2. If a rule is stated as applying to a child of a specific age or to a specific age category, the rule applies to a child in the group according to whether his or her actual age is the specified age or is within the age range for the age category. O. Reg. 126/16, s. 7 (1). 7.1 Revoked: O. Reg. 51/18, s. 6. Ratios and maximum group sizes, child care centre 8. (1) Every licensee shall ensure that in each child care centre it operates, (a) the children are placed in groups according to the age categories set out in Schedule 1; (b) every licensed age group includes only children whose age falls within the age category of the group, subject to subsection (2); (c) for every licensed age group, the requirements set out in Schedule 1 that are applicable for the age group respecting, (i) the ratio of employees to children, (ii) the maximum number of children in the group, and (iii) the proportion of employees that must be qualified employees, are satisfied, whether children are on the premises or during activities off the premises, unless otherwise approved by a director. O. Reg. 126/16, s. 9 (3); O. Reg. 51/18, s. 7 (1, 2); O. Reg. 174/21, s. 6. (1.1) Revoked: O. Reg. 51/18, s. 7 (3). (2) A director may give approval for a child care centre to use mixed-age grouping for any licensed age group set out in Schedule 1. O. Reg. 126/16, s. 9 (3); O. Reg. 51/18, s. 7 (4). (3) Despite clause (1) (c), where a director has approved the use of mixed-age grouping for a licensed age group, the requirements applicable to the group in the following situations respecting the matters mentioned in subclauses (1) (c) (i), (ii) and (iii) shall be determined as follows: 1. If a licensed toddler or preschool group, i. includes no more than 20 per cent children from a younger age category, the requirements set out in Schedule 1 for toddlers or preschool children apply, and ii. includes more than 20 per cent children from a younger age category, the requirements set out in Schedule 1 for the youngest child in the group apply. 2. Revoked: O. Reg. 51/18, s. 7 (6). 3. If, in a licensed kindergarten group, no more than 25 per cent of the children are three years old, or if the child care is provided on or after the first day of school in a calendar year, will attain the age of three in that year, and all other children are kindergarten children, then the requirements set out in Schedule 1 for kindergarten children apply. 4. If, in a licensed primary/junior school age group, no more than 25 per cent of the children are kindergarten children, and all other children are primary/junior school age children, the requirements set out in Schedule 1 for primary/junior school age children apply. 5. If, in a licensed junior school age group, no more than 25 per cent of the children are 68 months or older but younger than nine years, and all other children are junior school age children, the requirements set out in Schedule 1 for junior school age children apply. 6. If a licensed kindergarten, primary/junior school age or junior school age group includes more than 25 per cent children from a younger age category, the requirements set out in Schedule 1 for the youngest child in the group apply. O. Reg. 126/16, s. 9 (3); O. Reg. 51/18, s. 7 (5-7). (4) Despite subsections (1) and (3), the ratio of employees to children for a licensed age group may be reduced to less than that required under those subsections, in accordance with the following: 1. The reduced ratio shall not be less than two-thirds of the required ratio. 2. Subject to paragraphs 4 and 5, the reduced ratio may be in effect only during the periods of arrival and departure of children and during the rest period. 3. For the purposes of paragraph 2, the periods of arrival and departure are, i. for a child care centre that has a program that runs for six hours or more in a day, the 90-minute period after the program starts each day and the 60-minute period before the program ends each day; and ii. for a child care centre that has a program that runs for less than six hours a day, the 30-minute period after the program starts each day and the 30-minute period before the program ends each day. 4. The reduced ratio shall not apply at any time in respect of a licensed infant group. 5. The reduced ratio shall not apply during outdoor play periods. O. Reg. 274/16, s. 2; O. Reg. 51/18, s. 7 (8). (5) The rules respecting when a supervisor of a child care centre may be counted for the purposes of meeting the ratios required under this section are as follows: 1. If fewer than five full-time employees are required to meet the ratios, the supervisor may be counted as a full-time employee. 2. If five or six full-time employees are required to meet the ratios, a full-time supervisor may be counted as a full-time employee for up to half the time a full-time employee is required to be on staff. 3. If seven or more full-time employees are required to meet the ratios, the supervisor shall not be counted as an employee. O. Reg. 135/15, s. 8 (5). (6) Every licensee shall ensure that, at each child care centre it operates, the following rules are satisfied regarding the attendance of adults: 1. Where fewer than six children who are not in a licensed infant group receive child care, there is at least one adult in attendance. 2. Where six or more children who are not in a licensed infant group receive child care, there are at least two adults in attendance. 3. Where fewer than four children in a licensed infant group receive child care, there is at least one adult in attendance. 4. Where four or more children in a licensed infant group receive child care, there are at least two adults in attendance. O. Reg. 126/16, s. 9 (4); O. Reg. 51/18, s. 7 (9). (7) This section does not apply in respect of children in licensed family age groups. O. Reg. 126/16, s. 9 (4). Licensed family age groups 8.1 (1) A licensee may be licensed to provide child care for a licensed family age group that meets the following age requirements: 1. The group shall not include more than 15 children. 2. The group shall not include more than six children who are younger than 24 months. O. Reg. 126/16, s. 10. (2) Every licensee that provides child care for a licensed family age group shall ensure that the requirements determined as follows respecting the number and qualifications of employees who provide child care to the licensed family age group are satisfied, whether children are on the premises or during activities off the premises: 1. Classify each child according to his or her age category, as set out in Schedule 4. 2. Determine the total number of children in each age category. 3. For each age category, multiply the number of children in the age category by the ratio set out in Column 2 of Schedule 4 opposite the age category, expressed as a decimal. 4. Find the total of the numbers determined under paragraph 3 for all age categories. 5. Round the number determined under paragraph 4 up to the nearest whole number. 6. The number determined under paragraph 5 is the minimum number of employees required to provide child care to the group, unless one of the following applies: i. If there are more than six children, there must be at least two employees providing child care to the group. ii. If there are more than 10 children and one or more children are younger than 12 months, there must be at least three employees providing child care to the group. iii. If there are six or fewer children, and no more than three children are younger than 24 months, only one employee is required to provide child care to the group. 7. The number of employees determined under paragraph 6 that must be qualified employees is, i. if fewer than three employees are required under paragraph 6, then at least one employee must be a qualified employee, and ii. if three or more employees are required under paragraph 6, then at least two of the employees must be qualified employees. O. Reg. 126/16, s. 10; O. Reg. 254/19, s. 3. (3) If a licensed family age group includes children who are 44 months or older and, but for such children, the number of employees determined under paragraph 6 of subsection (2) would be lower, then the greater number of employees is required only when such children are present. O. Reg. 126/16, s. 10. Home child care group sizes 9. (1) Every licensee shall ensure that the number of children receiving child care, including the children of the home child care provider, in each premises where the licensee oversees the provision of home child care does not exceed the number specified in the Act. (2) Every licensee shall establish a maximum capacity in accordance with the Act for each premises where the licensee oversees the provision of home child care and this capacity shall be set out in the agreement between the licensee and the home child care provider. (3) Every licensee shall, before placing a child at a premises where the licensee oversees the provision of home child care, consider whether the placement would provide safe accommodation for the child and for any children already at the premises, and for that purpose shall consider the following: 1. The ages of the children in the group. 2. Any special needs or medical needs of the children in the group. 3. The ability of each child to evacuate independently in an emergency. 4. The experience and qualifications of the home child care provider. 5. The physical environment of the premises, including the total amount and distribution of space in the premises. O. Reg. 137/15, s. 9 (3); O. Reg. 254/19, s. 4. Resource consultant 10. A resource consultant shall not be included when calculating the number of employees required to meet the ratio under section 8 or 8.1. O. Reg. 174/21, s. 7. Supervision by adult at all times 11. Every licensee shall ensure that every child who receives child care at a child care centre it operates or at a premises where it oversees the provision of home child care is supervised by an adult at all times, whether the child is on or off the premises. Note: On January 1, 2027, section 11 of the Regulation is amended by adding the following subsection: (See: O. Reg. 197/26, s. 2) (2) Every licensee of a child care centre or home child care agency shall ensure that there are written policies and procedures respecting the supervision of children that, (a) set out strategies and steps that must be taken to ensure that the requirement in subsection (1) is met, including specifying, (i) when, how and how often children must be counted, and (ii) any modifications to the strategies and steps necessary to address varying needs of different age groups; (b) set out strategies and steps that must be taken in higher-risk circumstances, such as, (i) during periods of transition, such as when moving between rooms and between indoor and outdoor play spaces, (ii) during washroom visits, (iii) during arrivals and dismissals, (iv) during off-site field trips, (v) around gates in outdoor play spaces, (vi) in and around parking lots, and (vii) where sightlines are blocked, such as around play structures, staircases and spaces that wrap around corners; (c) set out the steps to be taken when a child is unaccounted for; and (d) identify the roles and responsibilities of employees or home child care providers, as the case may be, in relation to the strategies and steps referred to in clauses (a), (b) and (c). O. Reg. 197/26, s. 2. Supervision of volunteers and students 11.1 (1) Every licensee shall ensure that every volunteer or student at a child care centre it operates or at a premises where it oversees the provision of home child care is supervised by an employee or home child care provider at all times and is not permitted to be alone with any child who receives child care at the child care centre or home child care premises. O. Reg. 126/16, s. 12. (1.1) Subsection (1) does not apply in respect of a student who is on an educational placement with the licensee and is also an employee. O. Reg. 381/23, s. 1. (2) Every licensee shall ensure that there are written policies and procedures regarding volunteers and students that set out, at a minimum, (a) the requirement described in subsection (1); (b) the roles and responsibilities of the licensee and supervising employees; and (c) the roles and responsibilities of volunteers and students. O. Reg. 126/16, s. 12. Building, Equipment and Playground — Child Care Centres Child care centres in schools 12. Clauses 13 (1) (d), (e) and (f), subsection 14 (2) and sections 15, 20, 21, 22 and 24 do not apply to a child care centre, or part of a child care centre, if the centre or part is located in a school and is licensed to provide child care only for children in licensed kindergarten, primary/junior school age or junior school age groups. Note: On January 1, 2027, section 12 of the Regulation is amended by striking out “22 and 24” and substituting “22, 24, 24.1 and 24.2”. (See: O. Reg. 197/26, s. 3) Compliance with health and safety standards, Building Code, Fire Code, etc. 13. (1) Every person who applies for a licence to operate a child care centre under section 20 of the Act shall at the time of application file with a director evidence that the premises to be used as a child care centre complies with, (a) the laws affecting the health of inhabitants of the municipality or of the reserve of a First Nation, as the case may be; (b) any rule, regulation, direction or order of the local board of health and any direction or order of the local medical officer of health that may affect the provision of child care; (c) any by-law of the municipality or any by-law of the council of the First Nation on the reserve, as the case may be, and any other law for the protection of persons from fire hazards; (d) any building by-law passed by the municipality pursuant to the Planning Act or any predecessor of that Act and any by-law of the council of the First Nation on the reserve to regulate the construction, repair or use of buildings; (e) the requirements of the building code as defined in the Building Code Act, 1992 where applicable; (f) the requirements of Ontario Regulation 213/07 (Fire Code) made under the Fire Protection and Prevention Act, 1997, where applicable; and (g) the requirements of the Safe Drinking Water Act, 2002, where applicable. O. Reg. 137/15, s. 13 (1); O. Reg. 488/24, s. 2; O. Reg. 197/26, s. 4. (2) Every licensee who applies for the renewal or revision of a licence to operate a child care centre shall file any evidence that the director may require that the premises used as a child care centre complies with the matters listed in subsection (1). O. Reg. 137/15, s. 13 (2); O. Reg. 126/16, s. 13. (3) A licensee shall ensure that a premises complies with the matters listed in subsection (1) at all times during which it is used as a child care centre. O. Reg. 174/21, s. 8. Eligibility for Canada-Wide Early Learning and Child Care System 13.1 (1) Every person who applies for a licence to operate a child care centre under section 20 of the Act shall, at the time of application, file the following with a director: 1. If the person intends to apply for enrolment in the Canada-Wide Early Learning and Child Care System, advice provided by a service system manager to the person within the preceding six months regarding whether the person would be enrolled in the Canada-Wide Early Learning and Child Care System under subsection 77.1 (2) based on the information provided by the person to the service system manager. 2. If the person does not intend to apply for enrolment in the Canada-Wide Early Learning and Child Care System, evidence that the person has notified the service system manager of their intent to apply for a licence and that they will not be applying for enrolment in the Canada-Wide Early Learning and Child Care System. O. Reg. 565/22, s. 1; O. Reg. 488/24, s. 3 (1). (2) Every person who applies for a licence to operate a home child care agency under section 20 of the Act shall, at the time of application, file with a director the advice or evidence described in subsection (1). O. Reg. 565/22, s. 1. (3) Every licensee who applies for the renewal or revision of a licence to operate a child care centre or home child care agency shall file with a director the advice or evidence described in subsection (1) if the director so requires. O. Reg. 565/22, s. 1. (4) Any advice provided by a service system manager for the purposes of this section shall be based on the information the service system manager has at the time the advice is provided and does not constitute a decision or promise made for the purposes of subsection 77.1 (2). O. Reg. 565/22, s. 1; O. Reg. 325/23, s. 2; O. Reg. 488/24, s. 3 (2). Approval by director of plans re child care centre 14. (1) Where a person proposes that a new building be erected or an existing building be used, altered or renovated for use as a child care centre or that alterations or renovations be made to premises used as a child care centre, the person shall not commence the erection, use, alteration or renovation until plans are approved by a director. O. Reg. 137/15, s. 14 (1); O. Reg. 117/25, s. 1. (2) The plans referred to in subsection (1) shall include space designated for each item listed in subsections 15 (1) and (3). O. Reg. 137/15, s. 14 (2). Note: On January 1, 2027, subsection 14 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 197/26, s. 5) (2) The plans referred to in subsection (1) shall include, (a) space designated for each item listed in subsections 15 (1) and (3); (b) the location of any septic system access points on the premises; and (c) the location where any safety barrier required under section 24.2 is or will be located. O. Reg. 197/26, s. 5. Designated spaces 15. (1) Every licensee shall ensure that each child care centre it operates includes space designated for each of the following: 1. Washing, dressing and toileting. 2. Storage for toys, indoor play materials and equipment. 3. Storage for food. 4. Storage of hard copies of records, if necessary. 5. Storage for medical supplies, cleaning materials and equipment and other items that could cause harm to a child, such as poisonous and hazardous substances. 6. Heating and electrical equipment. O. Reg. 137/15, s. 15 (1); O. Reg. 51/18, s. 8 (1); O. Reg. 174/21, s. 9. (2) Every licensee shall ensure that the spaces in each child care centre it operates that are referred to in paragraphs 5 and 6 of subsection (1), and the items kept in those spaces, are inaccessible to children. O. Reg. 51/18, s. 8 (2). (3) A licensee that operates a child care centre that has a program that runs for six hours or more in a day shall ensure that in addition to the spaces referred to in subsection (1) the child care centre has space designated for each of the following: 1. Eating and resting. 2. The preparation of food, if meals are prepared on the premises. 3. Storage for beds and linen. 4. A staff rest area. 5. Storage for outdoor play equipment. 6. Office area. 7. Outdoor play. O. Reg. 137/15, s. 15 (3). Play activity space 16. (1) Subject to subsection (2), every licensee of a child care centre shall ensure that each child care centre it operates has play activity space of at least, (a) 2.8 square metres of unobstructed floor space for each child in a licensed infant, toddler, preschool or family age group, based on the licensed capacity; and (b) 2.58 square metres of unobstructed floor space for each child in a licensed kindergarten, primary/junior school age or junior school age group, based on the licensed capacity. O. Reg. 126/16, s. 14 (1); O. Reg. 51/18, s. 9 (1, 2); O. Reg. 174/21, s. 10 (1). (2) A director may approve a smaller amount of space than required under clause (1) (b) for a child care centre located in a school, provided that the room or area to be used by a licensed age group is used by the school for children who are the same age as the age category of the licensed age group. O. Reg. 137/15, s. 16 (2). (3) Revoked: O. Reg. 174/21, s. 10 (2). (4) Revoked: O. Reg. 51/18, s. 9 (3). Play activity rooms 17. (1) Every licensee of a child care centre shall ensure that in each child care centre it operates, (a) each licensed infant group has a separate play activity room and a separate sleeping area that is separated from any play activity area; (a.1) Revoked: O. Reg. 51/18, s. 10 (1). (b) each licensed toddler group has a separate play activity room; (c) each licensed preschool group has a separate play activity room; (d) each licensed kindergarten, primary/junior school age or junior school age group has a separate play activity area, unless otherwise approved by a director; and (e) each licensed family age group has a separate play activity room and, if the group requires cribs or cradles, has a separate sleeping area that is separated from any play activity area. O. Reg. 137/15, s. 17 (1); O. Reg. 126/16, s. 15 (1-3); O. Reg. 51/18, s. 10 (1); O. Reg. 174/21, s. 11. (2) Revoked: O. Reg. 51/18, s. 10 (2). 18. Revoked: O. Reg. 174/21, s. 12. Play materials, equipment and furnishings 19. (1) Every licensee shall ensure that play materials in each child care centre it operates are, (a) provided in numbers that are adequate to serve the licensed capacity of the child care centre; (b) of sufficient variety to allow for rotation of the play materials in active use; (c) available and accessible to the children throughout the day; (d) of such type and design to allow the children to make choices and to encourage exploration, play and inquiry; and (e) appropriate to support the learning and development of each child. (2) Every licensee shall ensure that the following equipment and furnishings are provided in each child care centre it operates: 1. A table or counter space that is adjacent to a sink and suitable for dressing or changing the diaper of one child at a time for every licensed infant group, toddler group or family age group. 2. Revoked: O. Reg. 51/18, s. 11 (2). 3. Bedding for use during rest periods for each child who receives child care for six hours or more. 4. A crib or a cradle for each child who is younger than 12 months. 5. For each child who is 12 months or older but younger than 18 months and who receives child care for six hours or more, one of the following in accordance with any written instructions from the child’s parent: i. A crib or a cradle. ii. A cot. 6. A cot for each child who is 18 months or older but younger than 30 months and who receives child care for six hours or more. 7. Unless otherwise approved by a director, a cot for each child who receives child care for six hours or more and, i. is 30 months or older but younger than six years old, or ii. is 24 months or older but younger than five years and is in a licensed family age group. O. Reg.

137/15, s. 19 (2); O. Reg. 126/16, s. 16; O. Reg. 51/18, s. 11 (1-5); O. Reg. 254/19, s. 5. (3) Every licensee shall ensure that the play materials, equipment and furnishings in each child care centre it operates are maintained in a safe condition and kept in a good state of repair, and that there is adequate storage available for the play materials. O. Reg. 137/15, s. 19 (3); O. Reg. 51/18, s. 11 (6). First or second storey 20. Every licensee shall ensure that each room in each child care centre it operates that is for the use of licensed infant, toddler, preschool, kindergarten or family age groups is on or below the second storey, unless otherwise approved by a director. O. Reg. 174/21, s. 13. Window glass 21. (1) Revoked: O. Reg. 381/23, s. 2 (1). (2) Every licensee that has a program that runs for six hours or more each day shall ensure that the window glass area in each child care centre it operates complies with the requirements of the building code as defined in the Building Code Act, 1992. O. Reg 137/15, s. 21 (2); O. Reg. 381/23, s. 2 (2); O. Reg. 488/24, s. 4; O. Reg. 197/26, s. 6. Artificial illumination 22. Every licensee shall ensure that artificial illumination in each play activity room of each child care centre it operates is at the level of at least 55 dekalux. Temperature 23. Every licensee shall ensure that the temperature in each child care centre it operates is maintained at a level of at least 20 degrees Celsius. Outdoor play space 24. (1) Every licensee shall ensure that each child care centre it operates that has a program that runs for six hours or more in a day has an outdoor play space that is at least equivalent to 5.6 square metres for each child based on the licensed capacity, unless otherwise approved by a director. (2) Where the licensed capacity of a child care centre is greater than 64 children, the outdoor play space referred to in subsection (1) may be divided into two or more areas by a fence to allow all the children to use the play space at one time, if each fenced-in area is not used for more than 64 children at one time. (3) Every licensee shall ensure that the outdoor play space at each child care centre it operates, (a) is at ground level and adjacent to the premises, unless otherwise approved by a director; (b) if used by licensed infant, toddler, preschool or family age groups, is fenced to a minimum height of 1.2 metres and the fence is furnished with one or more gates that are securely closed at all times; (c) if used by a licensed kindergarten group, is fenced to a minimum height of 1.2 metres and the fence is furnished with one or more gates that are securely closed at all times, unless otherwise approved by the director; and (d) is designed so that the staff can maintain constant supervision of the children. O. Reg. 137/15, s. 24 (3); O. Reg. 126/16, s. 18 (1); O. Reg. 51/18, s. 13. (4) Every licensee shall ensure that, at each child care centre it operates, any outdoor play space, fixed play structure or surfacing under those structures that is constructed or renovated on or after August 29, 2016 meets the requirements set out in the Canadian Standards Association standard CAN/CSA-Z614-14, “Children’s playspaces and equipment”, as amended from time to time. O. Reg. 126/16, s. 18 (2). (5) Every licensee shall ensure that at each child care centre it operates, (a) a playground safety policy is developed that reflects the Canadian Standards Association standard mentioned in subsection (4) and indicates the roles and responsibilities of employees regarding safety on playgrounds; (b) daily, monthly and annual inspections of the outdoor play space, fixed play structures and surfacing are conducted in accordance with the requirements set out in the Canadian Standards Association standard mentioned in subsection (4); (c) a plan is developed on how issues or problems identified in a playground inspection will be addressed; and (d) a playground repair log is maintained. O. Reg. 126/16, s. 18 (2). Note: On January 1, 2027, the Regulation is amended by adding the following sections: (See: O. Reg. 197/26, s. 7) Septic system access points 24.1 (1) Every licensee of a child care centre shall ensure that, (a) there is no septic system access point within the centre’s outdoor play space; and (b) any septic system access point located on the premises where the child care centre is located, (i) is inaccessible to children, (ii) is secured in accordance with the requirements of the building code as defined in the Building Code Act, 1992, and (iii) includes a secondary safety device. O. Reg. 197/26, s. 7. (2) Clause (1) (a) does not apply until July 1, 2027 in respect of a centre that was licensed before January 1, 2027. O. Reg. 197/26, s. 7. (3) Clause (1) (a) does not apply to a centre that was licensed before January 1, 2027 if the centre requests an exemption to that provision and a director approves the exemption. O. Reg. 197/26, s. 7. Motor vehicle impact protection 24.2 (1) Every licensee of a child care centre shall ensure that one or more safety barriers are maintained outside of the child care centre to protect individuals at the centre, including at its outdoor play space, from motor vehicle collisions. O. Reg. 197/26, s. 7. (2) The licensee must maintain documentation indicating that the safety barriers meet industry-accepted standards. O. Reg. 197/26, s. 7. (3) Subsection (1) does not apply if the licensee obtains documentation from a professional engineer indicating that, in their opinion, it is not necessary to erect a safety barrier outside of the child care centre due to the layout or design of the premises or buildings. O. Reg. 197/26, s. 7. (4) Subsection (1) does not apply in respect of a centre that was licensed before January 1, 2027. O. Reg. 197/26, s. 7. Hazards 24.3 (1) Every licensee of a child care centre shall make best efforts to ensure that the centre is safe by eliminating or mitigating risks posed by hazards at the premises, such as dangerous items at or conditions or features of the premises that could cause reasonably foreseeable harm to a child. O. Reg. 197/26, s. 7. (2) The licensee shall notify parents of children enrolled in the centre of, (a) any hazard referred to in subsection (1); and (b) steps that the licensee has taken or will be taking to eliminate or mitigate the risk posed by the hazard that could cause harm to a child. O. Reg. 197/26, s. 7. (3) Subsection (2) does not require the licensee to notify parents of hazards that are commonly found at a child care premises and managed by standard safety measures, such as by locking hazardous substances in a cabinet, covering electrical outlets with covers and increasing supervision on playgrounds. O. Reg. 197/26, s. 7. Unauthorized entry 24.4 Every licensee of a child care centre shall implement measures to prevent unauthorized individuals from entering the centre when children are receiving child care at the centre. O. Reg. 197/26, s. 7. Building, Equipment and Playground — Home Child Care Compliance with health and safety standards 25. Every person who applies for or holds a licence to operate a home child care agency under section 20 of the Act shall ensure that each premises the person oversees in which child care will be or is provided complies with clauses 13 (1) (a), (b), (c) and (d) of this Regulation. O. Reg. 174/21, s. 14. Home child care visitor 26. (1) Every licensee of a home child care agency shall ensure that before a premises is used as a premises where the licensee is to oversee the provision of home child care, the premises, including the outdoor play space, is inspected by a home child care visitor employed by the licensee to ensure compliance with the Act and this Regulation and, where the premises is so used, that further inspections are carried out without prior notice to the home child care provider, at least once in every quarter of each calendar year, and at such other times as the director may require. (2) The home child care visitor shall use any checklist provided by the director in performing an inspection of a home child care premises. (3) The licensee shall ensure that a record is made of each inspection conducted under subsection (1). Play materials, equipment and furnishings 27. (1) Every licensee shall ensure that each written agreement referred to in subsection 75 (1) sets out the responsibilities of the licensee and the home child care provider under this section with respect to equipment, play materials and furnishings. O. Reg. 254/19, s. 6. (2) Every licensee shall ensure that play materials in each premises where the licensee oversees the provision of home child care are, (a) provided in numbers that are adequate to serve the number of children receiving child care at the premises; (b) of sufficient variety to allow for rotation of the play materials in active use; (c) available and accessible to the children throughout the day; (d) of such type and design to allow the children to make choices and to encourage exploration, play and inquiry; and (e) appropriate to support the learning and development of each child. (3) Every licensee shall ensure that the following equipment and furnishings are provided in each premises where the licensee oversees the provision of home child care: 1. For each infant who receives home child care at the premises, a cradle, crib or playpen, and bedding. 2. For each child 18 months old up to and including five years old who receives home child care at the premises for six hours or more, a cot or bed and bedding unless otherwise approved by a director. O. Reg. 137/15, s. 27 (3); O. Reg. 126/16, s. 19 (2); O. Reg. 51/18, s. 14 (1). (4) Every licensee shall ensure that the play materials, equipment and furnishings in each premises where the licensee oversees the provision of home child care are maintained in a safe condition and kept in a good state of repair. O. Reg. 137/15, s. 27 (4); O. Reg. 51/18, s. 14 (2). Temperature 28. Every licensee shall ensure that in each premises where the licensee oversees the provision of home child care, the temperature is maintained at a level of at least 20 degrees Celsius. Balconies 29. Every licensee shall ensure that in each premises where the licensee oversees the provision of home child care, no child who receives home child care at the premises is permitted to be on a balcony unless an adult is present on the balcony. O. Reg. 137/15, s. 29; O. Reg. 126/16, s. 20; O. Reg. 174/21, s. 15. Outdoor play 30. Every licensee shall ensure that outdoor play in each premises where the licensee oversees the provision of home child care is supervised in accordance with plans agreed upon by the home child care provider in that premises, a parent of each child receiving child care at the premises and a home child care visitor. Bodies of water 30.1 (1) Every licensee shall ensure that in each premises where the licensee oversees the provision of home child care, no child under six years old who receives home child care at the premises is permitted to use or have access to any standing or recreational body of water on the premises. O. Reg. 126/16, s. 21. (2) If a licensee that oversees the provision of home child care at a premises permits children who are six years old or older who receive home child care at the premises to use or have access to a standing or recreational body of water at the premises, the licensee shall, (a) ensure that, at all times when the children use or have access to the body of water, a lifeguard is present who meets the requirements of clauses 17 (6) (a) and (b) of Regulation 565 of the Revised Regulations of Ontario, 1990 (Public Pools) made under the Health Protection and Promotion Act; and (b) have written policies and procedures regarding children’s use of and access to the body of water. O. Reg. 126/16, s. 21. Hazards 31. Every licensee shall ensure that in respect of each premises where the licensee oversees the provision of home child care, (a) all items that could cause harm to a child, such as poisonous and hazardous substances, are inaccessible to children; and (b) all firearms and ammunition are locked up and the key, if any, is inaccessible to children. O. Reg. 137/15, s. 31; O. Reg. 174/21, s. 16. Note: On January 1, 2027, section 31 of the Regulation is revoked and the following substituted: (See: O. Reg. 197/26, s. 8) Septic system access points 31. Every licensee of a home child care agency shall ensure that any septic system access point located on the home child care premises meets the criteria set out under clause 24.1 (1) (b). O. Reg. 197/26, s. 8. Hazards — home child care 31.1 (1) Every licensee shall make best efforts to ensure that each premises where the licensee oversees the provision of home child care is safe by eliminating or mitigating risks posed by hazards at the premises, such as dangerous items at or conditions or features of the premises that could cause reasonably foreseeable harm to a child. O. Reg. 197/26, s. 8. (2) For greater certainty, the licensee shall ensure that all firearms and ammunition are locked up and the key, if any, is inaccessible to children. O. Reg. 197/26, s. 8. (3) The licensee shall ensure that parents of children enrolled at a home child care premises are provided with notice of, (a) any hazard referred to in subsection (1); and (b) steps that the licensee has taken or will be taking to eliminate or mitigate the risk posed by the hazard that could cause harm to a child. O. Reg. 197/26, s. 8. (4) Subsection (3) does not require parents to be notified of hazards that are commonly found at a home child care premises and managed by standard safety measures, such as by locking hazardous substances in a cabinet and covering electrical outlets with covers. O. Reg. 197/26, s. 8. Health and Medical Supervision Medical officer of health directions, inspections 32. (1) Every licensee shall ensure that any direction of a medical officer of health with respect to any matter that may affect the health or well-being of a child receiving child care at a child care centre the licensee operates or a premises where the licensee oversees the provision of home child care is carried out by the staff of the child care centre or home child care agency or by the child care provider at a home child care premises. O. Reg. 174/21, s. 17. (2) Every licensee shall ensure that, where a report is made by the local medical officer of health or any person designated by the local medical officer of health or the local fire department with respect to a child care centre operated by the licensee or a premises where it oversees the provision of home child care, (a) a copy of the report is kept on the premises of the child care centre or home child care agency; and (b) if the report includes any direction or order, (i) a copy of the direction or order is sent immediately to an inspector or program adviser, and (ii) an inspector or program adviser is immediately notified of any enforcement action taken against the licensee in relation to the direction or order. O. Reg. 174/21, s. 17; O. Reg. 197/26, s. 9. (3) Every licensee shall ensure that in respect of each child care centre it operates and each premises where it oversees the provision of home child care, a record is kept of all inspections made by any person referred to in subsection (2) or by any inspector or program adviser. O. Reg. 254/19, s. 7. 33. Revoked: O. Reg. 174/21, s. 18. Sleep policies and supervision 33.1 (1) Every licensee shall ensure that a child who is younger than 12 months who receives child care at a child care centre it operates or at a premises where it oversees the provision of home child care is placed for sleep in a manner consistent with the recommendations set out in the document entitled “Joint Statement on Safe Sleep: Preventing Sudden Infant Deaths in Canada”, published by the Public Health Agency of Canada, as amended from time to time, unless the child’s physician recommends otherwise in writing. O. Reg. 126/16, s. 23. (2) Every licensee shall ensure that, if child care is provided for a child who regularly sleeps at a child care centre the licensee operates or at a premises where it oversees the provision of home child care, (a) an employee or the home child care provider periodically performs a direct visual check of each sleeping child who is in a licensed infant or toddler age group, is in a licensed family age group and is younger than 24 months, or is at a home child care premises and is younger than 24 months, by being physically present beside the child while the child is sleeping and looking for indicators of distress or unusual behaviours; (b) there is sufficient light in the sleeping area or room to conduct direct visual checks; and (c) there are written policies and procedures at the child care centre or home child care premises with respect to sleep, and the policies and procedures, (i) provide that children will be assigned to individual cribs or cots in accordance with this Regulation, (ii) provide that parents will be consulted respecting a child’s sleeping arrangements at the time the child is enrolled and at any other appropriate time, such as at transitions between programs or rooms or upon a parent’s request, (iii) provide that parents of children younger than 12 months will be advised of the licensee’s obligation under subsection (1), (iv) provide that parents of children who regularly sleep at the child care centre or home child care premises will be advised of the centre’s or agency’s policies and procedures regarding children’s sleep, (v) provide that the observance of any significant changes in a child’s sleeping patterns or behaviours during sleep will be communicated to parents and will result in adjustments to the manner in which the child is supervised during sleep, and (vi) include details regarding the performance of direct visual checks, including how frequently direct visual checks will be performed and how direct visual checks will be documented. O. Reg. 126/16, s. 23; O. Reg. 174/21, s. 19. (3) In determining the matters described in clause (2) (c) (vi) in respect of children who are enrolled with a home child care agency and who receive child care at a home child care premises, the licensee shall consider parents’ input, the sleep environment at the premises and the proximity of the sleeping area or room to the child care provider when the child is sleeping. O. Reg. 126/16, s. 23. (4) Every licensee shall ensure that in each child care centre it operates that has a separate area or room for sleeping, there is a system in place to immediately identify which children are present in the area or room. O. Reg. 126/16, s. 23. (5) Every licensee shall ensure that if electronic sleep monitoring devices are used at a child care centre it operates or at a premises where it oversees the provision of home child care, (a) each electronic sleep monitoring device is able to detect and monitor the sounds and, if applicable, video images, of every sleeping child; (b) the receiver unit of the electronic sleep monitoring device is actively monitored by employees at the child care centre or the home child care provider at all times; (c) each electronic sleep monitoring device is checked daily to ensure it is functioning properly; and (d) electronic sleep monitoring devices are not used as a replacement for the direct visual checks required under clause (2) (a). O. Reg. 126/16, s. 23. First-aid 34. Every licensee shall ensure that there is a first-aid kit and first-aid manual that is readily available for first-aid treatment in each child care centre it operates and in each premises where it oversees the provision of home child care. Immunization 35. (1) Every licensee shall ensure that before a child who is not in attendance at a school or private school, within the meaning of the Education Act, is admitted to a child care centre it operates or to a premises where it oversees the provision of home child care, and from time to time thereafter, the child is immunized as directed by the local medical officer of health. O. Reg. 137/15, s. 35 (1); O. Reg. 126/16, s. 24 (1); O. Reg. 254/19, s. 8 (1). (2) Subsection (1) does not apply where a parent of the child objects to the immunization on the ground that the immunization conflicts with the sincerely held convictions of the parent’s religion or conscience or a legally qualified medical practitioner gives medical reasons to the licensee as to why the child should not be immunized. O. Reg. 137/15, s. 35 (2); O. Reg. 126/16, s. 24 (2). (3) Objections and medical reasons under subsection (2) shall be submitted in a form approved by the Minister. O. Reg. 126/16, s. 24 (3). (4) Revoked: O. Reg. 254/19, s. 8 (2). Child illness and accident 36. (1) Every licensee shall ensure that a daily observation is made of each child receiving child care in each child care centre it operates and in each premises where it oversees the provision of home child care before the child begins to associate with other children in order to detect possible symptoms of ill health. (2) Every licensee shall ensure that where a child receiving child care at a child care centre it operates or at a premises where it oversees the provision of home child care appears to be ill, the child is separated from other children and the symptoms of the illness noted in the child’s records. (3) Where a child is separated from other children because of a suspected illness, the licensee shall ensure that, (a) a parent of the child takes the child home; or (b) where it is not possible for a parent of the child to take the child home or where it appears that the child requires immediate medical attention, the child is examined by a legally qualified medical practitioner or a nurse registered with the College of Nurses of Ontario. (4) Every licensee shall ensure that when a child receiving child care at a child care centre it operates or at a premises where it oversees the provision of home child care is injured, (a) an accident report is made describing the circumstances of the injury and any first aid administered; and (b) a copy of the report is provided to a parent of the child. Daily written record 37. (1) Every licensee of a child care centre or home child care agency shall ensure that a daily written record is maintained that includes a summary of any incident affecting the health, safety or well-being of, (a) any child receiving child care at a child care centre operated by the licensee; (b) any staff at a child care centre operated by the licensee; (c) any child receiving child care at a premises where the licensee oversees the provision of home child care; or (d) any person providing child care at a premises where the licensee oversees the provision of home child care. O. Reg. 137/15, s. 37 (1). (2) If an incident described in clause (1) (a) or (c) occurs, the licensee shall ensure that a parent of the child is notified unless a parent has already been notified of the incident pursuant to the requirements in section 36. O. Reg. 137/15, s. 37 (2); O. Reg. 174/21, s. 20. Serious occurrences 38. (1) Every licensee shall ensure that, (a) there are written policies and procedures with respect to serious occurrences in each child care centre operated by the licensee and each premises where it oversees the provision of home child care, that address, at a minimum, how to identify, respond to and report a serious occurrence; (b) a report is provided to an inspector or program adviser of any serious occurrence in any child care centre operated by the licensee or any premises where it oversees the provision of home child care within 24 hours of the licensee or supervisor becoming aware of the occurrence; (c) a summary of the report provided under clause (b) and of any action taken as a result is posted for at least 10 business days in a conspicuous place at the child care centre or home child care premises; and (d) the summary of the report is kept in accordance with section 82. O. Reg. 137/15, s. 38; O. Reg. 126/16, s. 25 (1, 2); O. Reg. 51/18, s. 16; O. Reg. 197/26, s. 10. (2) Revoked: O. Reg. 254/19, s. 9. Anaphylactic policy 39. (1) Every licensee shall ensure that each child care centre it operates and each premises where it oversees the provision of home child care has an anaphylactic policy that includes the following: 1. A strategy to reduce the risk of exposure to anaphylactic causative agents, including rules for parents who send food with their child to the centre or premises. 2. A communication plan for the dissemination of information on life-threatening allergies, including anaphylactic allergies. 3. Development of an individualized plan for each child with an anaphylactic allergy who, i. receives child care at a child care centre the licensee operates, or ii. is enrolled with a home child care agency and receives child care at a premises where it oversees the provision of home child care. 4. Training on procedures to be followed in the event of a child having an anaphylactic reaction. O. Reg. 137/15, s. 39 (1); O. Reg. 126/16, s. 26 (1, 2); O. Reg. 174/21, s. 21; O. Reg. 174/21, s. 1. (2) The individualized plan referred to in paragraph 3 of subsection (1) shall, (a) be developed in consultation with a parent of the child and with any regulated health professional who is involved in the child’s health care and who, in the parent’s opinion, should be included in the consultation; (a.1) identify who may carry medication for the child for the purposes of subsection 40 (2); and (b) include a description of the procedures to be followed in the event of an allergic reaction or other medical emergency. O. Reg. 126/16, s. 26 (3); O. Reg. 197/26, s. 11. (3) In this section, “anaphylaxis” means a severe systemic allergic reaction which can be fatal, resulting in circulatory collapse or shock, and “anaphylactic” has a corresponding meaning. O. Reg. 137/15, s. 39 (3). Children with medical needs 39.1 (1) Every licensee shall develop an individualized plan for each child with medical needs who, (a) receives child care at a child care centre it operates; or (b) is enrolled with a home child care agency and receives child care at a premises where it oversees the provision of home child care. O. Reg. 126/16, s. 27; O. Reg. 174/21, s. 1. (2) The individualized plan shall be developed in consultation with a parent of the child and with any regulated health professional who is involved in the child’s health care and who, in the parent’s opinion, should be included in the consultation. O. Reg. 126/16, s. 27. (3) The plan shall include, (a) steps to be followed to reduce the risk of the child being exposed to any causative agents or situations that may exacerbate a medical condition or cause an allergic reaction or other medical emergency; (b) a description of any medical devices used by the child and any instructions related to its use; (b.1) an identification of who may carry medication for the child for the purposes of subsection 40 (2); (c) a description of the procedures to be followed in the event of an allergic reaction or other medical emergency; (d) a description of the supports that will be made available to the child in the child care centre or premises where the licensee oversees the provision of home child care; and (e) any additional procedures to be followed when a child with a medical condition is part of an evacuation or participating in an off-site field trip. O. Reg. 126/16, s. 27; O. Reg. 174/21, s. 1; O. Reg. 197/26, s. 12. (4) Despite subsection (1), a licensee is not required to develop an individualized plan under this section for a child with an anaphylactic allergy if the licensee has developed an individualized plan for the child under section 39 and the child is not otherwise a child with medical needs. O. Reg. 126/16, s. 27. Administration of drugs or medications 40. (1) Where a licensee agrees to the administration of drugs or medications, the licensee shall ensure that, (a) a written procedure is established for, (i) the administration of any drug or medication to a child receiving child care at a child care centre operated by the licensee or at a premises where it oversees the provision of home child care, and (ii) the keeping of records with respect to the administration of drugs and medications; (b) all drugs and medications on the premises of a child care centre operated by the licensee or at a premises where it oversees the provision of home child care are, (i) stored in accordance with the instructions for storage on the label, (ii) administered in accordance with the instructions on the label and the authorization received under clause (d), (iii) inaccessible at all times to children, and (iv) in the case of a child care centre, kept in a locked container; (c) one person in each child care centre operated by the licensee and in each premises where it oversees the provision of home child care is in charge of all drugs and medications and that all drugs and medications are dealt with by that person or a person designated by that person in accordance with the procedures established under clause (a); (d) a drug or medication is administered to a child only where a parent of the child gives written authorization for the administration of the drug or medication and that included with the authorization is a schedule that sets out the times the drug or medication is to be given and amounts to be administered; and (e) a drug or medication is administered to a child only from the original container as supplied by a pharmacist or the original package and that the container or package is clearly labelled with the child’s name, the name of the drug or medication, the dosage of the drug or medication, the date of purchase and expiration, if applicable, and instructions for storage and administration. O. Reg. 137/15, s. 40 (1); O. Reg. 254/19, s. 10. (2) Despite subclauses (1) (b) (iii) and (iv) and clause (1) (c), the licensee shall permit a home child care provider, employee or child to carry the child’s medication if the individual is permitted to do so in accordance with the child’s individualized plan and, (a) the medication is for asthma, emergency allergies, diabetes or epilepsy; or (b) the licensee has documentation from a regulated health professional who is authorized to prescribe drugs, as defined in the Drug and Pharmacies Regulation Act, indicating that the nature of the child’s medication is such that, without immediate access to the medication by the child, the child’s health could be significantly at risk. O. Reg. 197/26, s. 13. (3) The following items do not constitute drugs or medication for the purposes of this section, except where the item is a drug, as defined in the Drug and Pharmacies Regulation Act, prescribed for a child by a health professional: 1. Sunscreen. 2. Moisturizing skin lotion. 3. Lip balm. 4. Insect repellent. 5. Hand sanitizer. 6. Diaper cream. O. Reg. 174/21, s. 22. (4) In respect of an item described in subsection (3) that does not constitute a drug or medication for the purposes of this section, a licensee shall ensure that, (a) the item is administered to a child only if a parent of the child has given written authorization for the administration of the item; (b) the item is stored in accordance with the instructions for storage on the label and the container or package is clearly labelled with the child’s name and the name of the item; and (c) the item is administered to a child only from the original container or package and in accordance with any instructions on the label and any instructions provided by the parent of the child. O. Reg. 174/21, s. 22. Dogs and cats 41. Every licensee shall ensure that every dog, cat or ferret that is kept on the premises of a child care centre it operates or premises where it oversees the provision of home child care is inoculated against rabies. O. Reg. 137/15, s. 41; O. Reg. 174/21, s. 23. Nutrition Requirements re food and drink 42. (1) Every licensee shall ensure that, (a) each child under one year old who receives child care at a child care centre operated by the licensee or at a premises where it oversees the provision of home child care is fed in accordance with written instructions from a parent of the child; and (b) where food or drink or both are supplied by a parent of a child receiving child care at a child care centre operated by the licensee or at a premises where it oversees the provision of home child care, the container for the food or drink is labelled with the child’s name. (c) Revoked: O. Reg. 174/21, s. 24 (1). O. Reg. 137/15, s. 42 (1); O. Reg. 126/16, s. 28; O. Reg. 174/21, s. 24 (1). (2) Subject to section 44, every licensee shall ensure that each child one year old or older who receives child care at a child care centre it operates and or at a premises where it oversees the provision of home child care is given food and beverages in accordance with the following rules: 1. Where the child is present at meal time, a meal must be supplied and provided by the licensee or provider, except in the case of a child who is 44 months or older. 2. Between-meal snacks must be supplied and provided by the licensee or provider, except in the case of a child who is 44 months or older. 3. Where a child receives child care for six hours or more, the licensee or provider shall ensure that the total food offered to the child includes, in addition to any meals provided, two snacks. 4. Drinking water must be available at all times. 5. All meals, snacks and beverages must meet the recommendations set out in the most recent and relevant food guide published by Health Canada. O. Reg. 137/15, s. 42 (2); O. Reg. 254/19, s. 11; O. Reg. 174/21, s. 24 (2-4); O. Reg. 325/23, s. 3. (3) Every licensee shall ensure that a child who receives in-home services at a premises overseen by the licensee shall be fed in accordance with written instructions from the child’s parent. O. Reg. 174/21, s. 24 (5). Posting of menus and allergies 43. (1) Every licensee of a child care centre shall post planned menus for the current and following week in a conspicuous place in each child care centre it operates with any substitutions noted on the posted menus. O. Reg. 137/15, s. 43 (1). (2) A menu referred to in subsection (1) shall be kept by the licensee for thirty days after the last day for which it is applicable. O. Reg. 137/15, s. 43 (2). (3) Every licensee of a child care centre shall ensure that, in each child care centre it operates, a list setting out the names of the children receiving child care in the child care centre who have allergies or food restrictions, and their respective allergens or restrictions, (a) is posted in each cooking and serving area; (b) is posted in each play area or play room; and (c) is available and accessible in any other area in which children may be present. O. Reg. 51/18, s. 17. (4) Every licensee of a home child care agency shall ensure that each home child care provider in each premises where the licensee oversees the provision of home child care plans menus in consultation with a parent of the child and a home child care visitor and that the menu, and the meals and snacks that it provides, meet the requirements set out in the most recent and relevant food guide published by Health Canada. O. Reg. 174/21, s. 25. Special arrangements 44. Every licensee shall ensure that where special dietary and feeding arrangements have been made with the licensee with respect to a child receiving child care at a child care centre it operates or at a premises where it oversees the provision of home child care, the arrangements are carried out in accordance with the written instructions of a parent of the child. Program for Children Parent handbook 45. (1) Every licensee shall have a parent handbook for each child care centre or home child care agency it operates which shall include, (a) information about, (i) the services offered and the age categories served, (ii) the times when the services are offered and the holidays observed, (iii) the base fee and any non-base fees that may be charged, and whether or not the licensee is enrolled in the Canada-Wide Early Learning and Child Care System, (iii.0.1) the payment methods that must be used when paying fees and the schedule for making payments, (iii.0.2) the circumstances in which refunds or credits of fees will be provided, (iii.1) the admission and discharge policy, and (iv) activities off the premises; (a.1) information about the requirement regarding supervision of volunteers and students set out in subsection 11.1 (1) and about the policies and procedures required under subsection 11.1 (2); Note: On January 1, 2027, subsection 45 (1) of the Regulation is amended by adding the following clause: (See: O. Reg. 197/26, s. 14) (a.1.0.1) information about the measures implemented under section 24.4 to prevent unauthorized individuals from entering the centre; (a.1.1) a copy of the rules set out in the anaphylactic policy described in section 39 for parents who send food with their child to the centre or premises; (a.2) a copy of the licensee’s policies and procedures required under section 45.1 regarding how parents’ issues and concerns will be addressed; (b) a copy of the program statement described in section 46; (c) a list of the prohibited practices set out in section 48; (c.1) a copy of the safe arrival and dismissal policy described in section 50; (d) for a child care centre, a statement that the child care centre has emergency management policies and procedures described in section 68.1 and a statement regarding how parents will be notified if an emergency occurs; and (e) a copy of the policies and procedures described in section 75.1. O. Reg. 137/15, s. 45 (1); O. Reg. 126/16, s. 30; O. Reg. 274/16, s. 3 (1-3); O. Reg. 174/21, s. 26; O. Reg. 236/22, s. 2 (1); O. Reg. 325/23, s. 4; O. Reg. 488/24, s. 5. (1.1) If a licensee was licensed in respect of the child care centre or home child care agency on or before the agreement date, subclause (1) (a) (iii) does not apply to the licensee until November 1, 2022 and instead the parent handbook must include information about the fee for services. O. Reg. 236/22, s. 2 (2); O. Reg. 469/22, s. 2. (2) The licensee shall ensure that the handbook is made available free of charge to, (a) any parent considering whether to enter into an agreement with the licensee for the provision of child care; and (b) a parent of every child who receives child care at a child care centre operated by the licensee or at a premises where it oversees the provision of home child care at the time the child starts receiving such care and at any time when the parent handbook is modified. O. Reg. 137/15, s. 45 (2); O. Reg. 274/16, s. 3 (4). Parent issues and concerns 45.1 Every licensee shall ensure that there are written policies and procedures that set out how parents’ issues and concerns will be addressed, including details regarding, (a) the steps for parents to follow when they have an issue or concern to bring forward to the licensee; (b) the steps to be followed by a licensee and its employees in responding to an issue or concern brought forward by a parent; and (c) when an initial response to the issue or concern will be provided. O. Reg. 126/16, s. 31. Program statement 46. (1) Every licensee shall have a program statement that is consistent with the Minister’s policy statement on programming and pedagogy issued under subsection 55 (3) of the Act and shall review the program statement at least annually for this purpose. (2) The program statement shall reflect a view of children as being competent, capable, curious and rich in potential. O. Reg. 137/15, s. 46 (2); O. Reg. 126/16, s. 32 (1). (3) The program statement shall describe the goals that guide the licensee’s program for children at a child care centre it operates or at a home child care premises it oversees, and the approaches that will be implemented in the program to, (a) promote the health, safety, nutrition and well-being of the children; (b) support positive and responsive interactions among the children, parents, child care providers and staff; (c) encourage the children to interact and communicate in a positive way and support their ability to self-regulate; (d) foster the children’s exploration, play and inquiry; (e) provide child-initiated and adult-supported experiences; (f) plan for and create positive learning environments and experiences in which each child’s learning and development will be supported and which is inclusive of all children, including children with individualized plans; (g) incorporate indoor and outdoor play, as well as active play, rest and quiet time, into the day, and give consideration to the individual needs of the children receiving child care; (h) foster the engagement of and ongoing communication with parents about the program and their children; (i) involve local community partners and allow those partners to support the children, their families and staff; (j) support staff, home child care providers or others who interact with the children at a child care centre or home child care premises in relation to continuous professional learning; and (k) document and review the impact of the strategies set out in clauses (a) to (j) on the children and their families. O. Reg. 137/15, s. 46 (3); O. Reg. 126/16, s. 32 (2-4); O. Reg. 254/19, s. 12. (4) Every licensee shall ensure that all new staff, home child care providers, students and volunteers review the program statement prior to interacting with children and at any time when the program statement is modified. (5) Every licensee shall ensure that the approaches set out in its program statement are implemented in the operation of its program at each child care centre it operates and each premises where it oversees the provision of home child care. Program requirements re activity, rest, sleep, outdoor play, etc. 47. (1) Every licensee shall ensure that the program in each child care centre it operates is arranged so that, (a) Revoked: O. Reg. 126/16, s. 33 (1). (b) children in licensed infant and toddler groups are separated from other children during active indoor and outdoor play periods; and (c) each child who receives child care for six hours or more in a day spends time outdoors for at least two hours each day, weather permitting, unless a physician or parent of the child advises otherwise in writing. O. Reg. 137/15, s. 47 (1); O. Reg. 126/16, s. 33 (1, 2); O. Reg. 51/18, s. 18 (1). (1.1) Every licensee of a child care centre shall ensure that where it operates a child care program that operates only before or after school, the program is arranged so that it includes at least 30 minutes of outdoor time each day, weather permitting, unless otherwise approved by a director or a physician or parent of the child advises otherwise in writing. O. Reg. 126/16, s. 33 (3). (2) Every licensee shall ensure that the program in each child care centre it operates is arranged so that, (a) each child in a licensed toddler or preschool group who receives child care for six hours or more in a day has a rest period each day not exceeding two hours in length; and (b) each child in a licensed toddler, preschool or kindergarten group is permitted to sleep, rest or engage in quiet activities based on the child’s needs. O. Reg. 126/16, s. 33 (4); O. Reg. 51/18, s. 18 (2). (2.1) Revoked: O. Reg. 51/18, s. 18 (3). (2.2) Every licensee shall ensure that for each licensed family age group for whom it provides child care, the program is arranged so that, (a) each child in the group who is 24 months or older but younger than five years who receives child care for six hours or more in a day has a rest period each day not exceeding two hours in length; (b) each child in the group who is 24 months or older but younger than seven years is permitted to sleep, rest or engage in quiet activities based on the child’s needs; and (c) the program provided to the group, including the play activity space, reflects the safety and development needs of the children that are in the group. O. Reg. 126/16, s. 33 (4). (3) Every licensee shall ensure that the program in each premises where it oversees the provision of home child care is arranged so that, (a) each child who is 18 months or older but younger than 6 years old and who receives child care for six hours or more in a day has a rest period not exceeding two hours in length; and (b) a child who is 18 months or older but younger than 7 years old is permitted to sleep, rest or engage in quiet activities based on the child’s needs. O. Reg. 137/15, s. 47 (3); O. Reg. 126/16, s. 33 (5); O. Reg. 254/19, s. 13. (4) Every licensee shall ensure that the program in each premises where the licensee oversees the provision of home child care is arranged so that each child who receives child care for six hours or more in a day spends time outdoors for at least two hours each day, weather permitting, unless a physician or parent of the child advises otherwise in writing. O. Reg. 137/15, s. 47 (4). (5) Every licensee shall ensure that the program in each premises where it oversees the provision of in-home services is arranged to include sleep, rest or quiet time and outdoor activities in accordance with written instructions from a child’s parent. O. Reg. 174/21, s. 27. Prohibited practices 48. (1) No licensee shall permit, with respect to a child receiving child care at a child care centre it operates or at a premises where it oversees the provision of child care, (a) corporal punishment of the child; (b) physical restraint of the child, such as confining the child to a high chair, car seat, stroller or other device for the purposes of discipline or in lieu of supervision, unless the physical restraint is for the purpose of preventing a child from hurting himself, herself or someone else, and is used only as a last resort and only until the risk of injury is no longer imminent; (c) locking the exits of the child care centre or home child care premises for the purpose of confining the child, or confining the child in an area or room without adult supervision, unless such confinement occurs during an emergency and is required as part of the licensee’s emergency management policies and procedures; (d) use of harsh or degrading measures or threats or use of derogatory language directed at or used in the presence of a child that would humiliate, shame or frighten the child or undermine his or her self-respect, dignity or self-worth; (e) depriving the child of basic needs including food, drink, shelter, sleep, toilet use, clothing or bedding; (f) inflicting any bodily harm on children including making children eat or drink against their will; or (g) sexual abuse, sexual misconduct or engaging in a prescribed sexual act, as those terms are defined in the Early Childhood Educators Act, 2007. O. Reg. 137/15, s. 48; O. Reg. 126/16, s. 34; O. Reg. 197/26, s. 15. (2) No employee or volunteer of the licensee, or student who is on an educational placement with the licensee, and no person who provides home child care or in-home services at a premises overseen by a home child care agency shall engage in any of the prohibited practices set out in subsection (1) with respect to a child receiving child care. O. Reg. 51/18, s. 19. Policies and procedures re program for children 49. Every licensee shall ensure that there are written policies and procedures that set out, (a) the expectations for how child care providers and other staff, volunteers or students are to implement the approaches specified in the program statement required under subsection 46 (1); (b) the prohibited practices set out in section 48;

and (c) the measures that the licensee will use to deal with contraventions of the policies and procedures and with the commission of a prohibited practice. O. Reg. 137/15, s. 49; O. Reg. 51/18, s. 20. Safe arrival and dismissal policy 50. Every licensee shall ensure that each child care centre it operates and each premises where it oversees the provision of home child care has a policy respecting the safe arrival and dismissal of children that, (a) provides that a child may only be released from the child care centre or home child care premises, (i) to individuals specified by a child’s parent, or (ii) in accordance with written permission from a child’s parent to release the child from the program at a specified time without supervision; and (b) sets out the steps that must be taken if, (i) a child does not arrive as expected at the child care centre or home child care premises, or (ii) a child is not picked up as expected from the child care centre or home child care premises. O. Reg. 325/23, s. 5. 51. Revoked: O. Reg. 126/16, s. 35. Individualized support plan 52. (1) Every licensee shall ensure that an up-to-date individualized support plan is in place for each child with special needs who receives child care at a child care centre it operates or premises where it oversees the provision of home child care, and that the plan includes, (a) a description of how the child care centre or the home child care provider will support the child to function and participate in a meaningful and purposeful manner while the child is in the care of the centre or provider; (b) a description of any supports or aids, or adaptations or other modifications to the physical, social and learning environment that are necessary to achieve clause (a); and (c) instructions relating to the child’s use of the supports or aids referred to in clause (b) or, if necessary, the child’s use of or interaction with the adapted or modified environment. (2) The plan referred to in subsection (1) must be developed in consultation with a parent of the child, the child (if appropriate for the child’s age) and any regulated health professional or other person who works with the child in a capacity that would allow the person to help inform the plan. (3) Revoked: O. Reg. 254/19, s. 14. Staff Qualifications Supervisor 53. A supervisor shall be a person who, (a) is a member in good standing of the College of Early Childhood Educators, has at least two years of experience providing licensed child care and is approved by a director; or (b) in the opinion of a director, is capable of planning and directing the program of a child care centre, being in charge of children and overseeing staff. Qualified employees 54. (1) The following are qualified employees for any licensed age group: 1. An employee who is a member in good standing of the College of Early Childhood Educators. 2. An employee who is otherwise approved by a director. O. Reg. 126/16, s. 36 (1). (2) With respect to a licensed junior school age group or a licensed primary/junior school age group, the following are also qualified employees: 1. An employee who has a diploma or degree in child and youth care. 2. An employee who has a diploma or degree in recreation and leisure services. 3. A member in good standing with the Ontario College of Teachers. O. Reg. 126/16, s. 36 (1); O. Reg. 381/23, s. 3. (3) Revoked: O. Reg. 51/18, s. 21. Resource consultant 55. A resource consultant shall be a person who, (a) is a member in good standing of the College of Early Childhood Educators and has completed a post-secondary program of studies that is both theoretical and practical and that relates to the needs of children with special needs; or (b) is otherwise approved by a director. O. Reg. 174/21, s. 28. Home child care visitor 56. A home child care visitor shall be a person who, (a) is a member in good standing of the College of Early Childhood Educators, has at least two years of experience working with children under 13 years old and is approved by a director; or (b) is in the opinion of a director capable of providing support and supervision at a home child care premises. Health assessments and immunization of staff 57. (1) Every licensee of a child care centre shall ensure that, before commencing employment, every person employed in a child care centre it operates and every volunteer or student who is on an educational placement with the licensee has a health assessment and immunization as directed by the local medical officer of health. O. Reg. 174/21, s. 29. (2) Every licensee of a home child care agency shall ensure that, before any child is provided with child care at a premises at which the licensee oversees the provision of home child care, every home child care provider providing care at the premises, every person who is ordinarily a resident of the premises or regularly at the premises and every volunteer or student who is on an educational placement at the premises has a health assessment and immunization as directed by the local medical officer of health. O. Reg. 174/21, s. 29. (3) Subsections (1) and (2) do not apply where the person objects to the immunization on the ground that the immunization conflicts with the sincerely held convictions of the person based on the person’s religion or conscience or a legally qualified medical practitioner gives medical reasons to the licensee as to why the person should not be immunized. O. Reg. 174/21, s. 29. (4) Objections and medical reasons under subsection (3) shall be submitted in a form approved by the Minister. O. Reg. 126/16, s. 37 (2). (5) Revoked: O. Reg. 254/19, s. 15 (3). Staff training and development 58. (1) Every licensee of a child care centre or home child care agency shall ensure that there are written policies and procedures with respect to staff training and development for employees in each child care centre it operates, for home child care visitors employed by the licensee and for each home child care provider at a premises at which the licensee oversees the provision of home child care. O. Reg. 137/15, s. 58 (1). Note: On January 1, 2027, section 58 of the Regulation is amended by adding the following subsection: (See: O. Reg. 197/26, s. 16) (1.1) The policies and procedures referred to in subsection (1) must provide for training in respect of each policy and procedure that the licensee is required to have under this Regulation. O. Reg. 197/26, s. 16. (2) Every licensee of a child care centre or home child care agency shall ensure that the following persons have a valid certification in standard first aid, including infant and child CPR, issued by a training agency recognized by the Workplace Safety and Insurance Board: 1. Every supervisor of a child care centre. 2. Every employee of a child care centre who may be counted for the purposes of meeting the ratios required under section 8 or 8.1. 3. Every provider of home child care. O. Reg. 126/16, s. 38; O. Reg. 174/21, s. 1. (3) A person is not required to have the certification mentioned in subsection (2) if the director is satisfied that the person would not be able to obtain the certification due to a disability. O. Reg. 126/16, s. 38 (1). (4) Despite paragraphs 2 and 3 of subsection (2), a licensee of a child care centre may employ a person who does not have a valid certification in standard first aid for up to three months if, (a) the licensee requires the person to obtain the certification as soon as reasonably possible; (b) the length of time required to obtain the certification justifies it; and (c) at any time during which the person is supervising children, another person who is certified as required by subsection (2) is available and in such proximity to the children that the certified person would be able to respond to an emergency. O. Reg. 174/21, s. 30. Staff Screening Measures and Police Record Checks Interpretation 59. (1) In sections 60 to 65, “offence declaration” means a written declaration signed by an individual that lists all of the individual’s convictions for offences under the Criminal Code (Canada), if any, during the period specified in the declaration. O. Reg. 137/15, s. 59 (1). (2) Any requirement set out in sections 60 to 65 to obtain a police record check, including a vulnerable sector check, shall be considered to be satisfied only if the police record check is, (a) conducted by a police service; and (b) prepared no earlier than six months before the day it is obtained by the licensee. O. Reg. 137/15, s. 59 (2); O. Reg. 452/18, s. 2 (1, 3, 4); O. Reg. 174/21, s. 31; O. Reg. 97/24, s. 1. Duty to obtain initial record check 60. (1) Every licensee of a child care centre shall obtain a vulnerable sector check from, (a) every employee, before the person begins their employment; and (b) every volunteer or student who is on an educational placement with the licensee, before the person begins interacting with children at the child care centre. (2) The following rules regarding vulnerable sector checks apply to every licensee of a home child care agency: 1. Before entering into an agreement with a home child care provider regarding the agency’s oversight of the provision of home child care at a premises operated by the provider, the licensee shall obtain a vulnerable sector check from, i. the home child care provider, ii. every person who is ordinarily a resident of the premises, and iii. every person who is regularly at the premises. 2. After an agreement described in paragraph 1 is in place with a home child care provider, the licensee shall obtain a vulnerable sector check from, i. every person who intends to become ordinarily resident at the premises, before the person becomes a resident, and ii. every person who intends to be regularly at the premises, before the person begins interacting with children receiving child care at the premises. 3. The licensee shall also obtain vulnerable sector checks from, i. every home child care visitor or any other staff at the home child care agency who may interact with children receiving child care at a home child care premises where the licensee oversees the provision of home child care, before they begin their employment, and ii. every volunteer or student who is on an educational placement with the licensee, before the person begins interacting with the children. (3) For the purposes of fulfilling the requirement in clause (1) (b) or subparagraph 3 ii of subsection (2), a licensee may accept a copy of a vulnerable sector check instead of the original document, except that, (a) if more than six months but less than five years have passed since the day the vulnerable sector check was performed, the volunteer or student must also provide an offence declaration that addresses the period since that day; and (b) the licensee may not accept a copy of a vulnerable sector check if five or more years have passed since the day it was performed and in this case, the volunteer or student must provide a new vulnerable sector check or copy. Exceptions 61. (1) Despite sections 60 and 63, a licensee may permit a person who has not provided a vulnerable sector check to start their employment or volunteer position, or to start providing home child care or otherwise start interacting with children at a child care centre or home child care premises if, (a) the licensee requires the person to apply to obtain a vulnerable sector check as soon as reasonably possible; (b) the length of time required to obtain a vulnerable sector check justifies it; and (c) the employer puts additional measures in place to protect children who interact with the person until the vulnerable sector check is obtained. O. Reg. 137/15, s. 61 (1); O. Reg. 633/20, s. 2. (2) Despite section 60, no person is required to provide or obtain a vulnerable sector check or offence declaration in respect of a person who is under 18 years old. O. Reg. 137/15, s. 61 (2). (3) If a person turns 18 years old while in a position where he or she interacts with children receiving child care at a child care centre operated by a licensee or home child care premises where the licensee oversees the provision of home child care, the licensee shall obtain from the person, within one month after the person turns 18 years old, a statement that discloses every previous finding of guilt of the person under the Youth Criminal Justice Act (Canada), if the person received an adult sentence. O. Reg. 137/15, s. 61 (3). (4) If a person turns 19 years old while in a position where he or she interacts with children receiving child care at a child care centre operated by a licensee or home child care premises where the licensee oversees the provision of home child care, the licensee shall require the person to apply to obtain a vulnerable sector check within one month after the person turns 19 years old. O. Reg. 137/15, s. 61 (4). Other persons at child care centre 61.1 (1) Every licensee of a child care centre shall obtain, in respect of any person who provides child care or other services to a child who receives child care at the child care centre, other than a person described in subsection 60 (1) or subsection (3) of this section, (a) an offence declaration from the person; or (b) an attestation from the person’s employer or from the person or entity who retained the person’s services that, (i) the employer, person or entity has obtained and reviewed a vulnerable sector check from that person, (ii) the vulnerable sector check was performed within the last five years, and (iii) the vulnerable sector check did not list any convictions for any offences under the Criminal Code (Canada) listed in subparagraph 1 ii of subsection 9 (1) of the Child Care and Early Years Act, 2014. O. Reg. 126/16, s. 39; O. Reg. 174/21, s. 32 (1). (2) A licensee shall obtain the offence declaration or attestation described in subsection (1) in respect of a person, (a) before the person begins interacting with children at the child care centre; and (b) every year thereafter, no later than 15 days after the anniversary date of the most recent offence declaration or attestation, if the person continues to provide such child care or other services. O. Reg. 126/16, s. 39. (3) The requirement in subsection (1) does not apply in respect of the following individuals acting in the course of their profession: 1. Police officers. 2. Firefighters. 3. Ambulance attendants, paramedics or other emergency personnel. 4. Regulated health professionals. 5. Individuals whose profession is regulated under the Social Work and Social Service Work Act, 1998. O. Reg. 174/21, s. 32 (2). When new record check or offence declaration needed 62. (1) Every licensee of a child care centre or home child care agency shall obtain, from each person from whom it has previously obtained a vulnerable sector check, (a) a new vulnerable sector check, on or before every fifth anniversary after the date of the most recent vulnerable sector check; and (b) a new offence declaration, in every calendar year except a year in which a vulnerable sector check is obtained. O. Reg. 137/15, s. 62 (1); O. Reg. 126/16, s. 40 (1). (2) Each offence declaration shall address the period since the most recent offence declaration or vulnerable sector check and must be obtained by the licensee no later than 15 days after the anniversary date of the most recent offence declaration or vulnerable sector check. O. Reg. 126/16, s. 40 (2). (3) Subsection (1) applies only if the person continues to be in a position where he or she interacts with children receiving child care at a child care centre or home child care premises. O. Reg. 137/15, s. 62 (3). (4) Any person from whom a licensee is required to obtain a vulnerable sector check is required to provide the licensee with an offence declaration, as soon as reasonably possible, any time he or she is convicted of an offence under the Criminal Code (Canada). O. Reg. 137/15, s. 62 (4). (5) Any person from whom a licensee is required to obtain a vulnerable sector check must notify the licensee immediately if the person is prohibited from providing child care under subsection 9 (1) of the Act. O. Reg. 197/26, s. 17. Exception 62.1 Despite subsection 61 (4), section 62 and subsection 63 (2), a licensee may permit a person who has not provided a vulnerable sector check as required under those provisions to continue their employment or volunteer position, or to continue providing home child care or otherwise interacting with children at a child care centre or home child care premises, if, (a) the person has applied for a vulnerable sector check; and (b) the employer puts additional measures in place to protect children who interact with the person until the vulnerable sector check is obtained. O. Reg. 633/20, s. 3; O. Reg. 174/21, s. 33. Break in employment or other relationship 63. (1) If a licensee’s relationship with a person in respect of whom it has previously obtained a vulnerable sector check terminates and then subsequently resumes, the licensee shall obtain a new vulnerable sector check or offence declaration as follows: 1. If the relationship was terminated for six or more months, the licensee shall obtain a new vulnerable sector check from the person before the relationship resumes. 2. If the relationship was terminated for less than six months and, but for the termination, the person would have provided a vulnerable sector check or offence declaration during the period of termination, the licensee shall obtain from the person such vulnerable sector check or offence declaration before the relationship resumes. O. Reg. 137/15, s. 63. (2) If a person in respect of whom a licensee has obtained a vulnerable sector check takes a leave of absence from their position and then subsequently returns to their position, and if the person would have provided a vulnerable sector check or offence declaration during the period of their leave, the licensee shall obtain a new vulnerable sector check or offence declaration upon the person’s return. O. Reg. 174/21, s. 34. Exception, where conflict with other legislation 64. Despite any requirement in sections 60 to 63 that a licensee obtain a vulnerable sector check, if any statute of Ontario or Canada prohibits the disclosure of information contained in a vulnerable sector check in respect of a person, the requirement in those sections may be met by obtaining another type of police record check within the meaning of the Police Record Checks Reform Act, 2015. O. Reg. 137/15, s. 64; O. Reg. 452/18, s. 3. Policies and procedures re record checks 65. Every licensee shall ensure that there are written policies and procedures that address, (a) the process for obtaining a vulnerable sector check or attestation; (b) the process for submitting an offence declaration; (c) how the confidentiality of information contained in a vulnerable sector check, offence declaration or attestation will be protected; (d) the way in which any information revealed in a vulnerable sector check, offence declaration or attestation may be considered and used; and (e) the additional measures that will be put in place when a situation described in subsection 61 (1) occurs to protect the children who interact with the person until the vulnerable sector check is obtained, such as requiring the supervision of all interactions between the person and the children. O. Reg. 137/15, s. 65; O. Reg. 126/16, s. 41. 66. Revoked: O. Reg. 174/21, s. 35. Emergency Preparedness Emergency 67. Every licensee shall ensure that each child care centre it operates and each premises where it oversees the provision of home child care is equipped with telephone service or an alternative means of obtaining emergency assistance. O. Reg. 137/15, s. 67; O. Reg. 174/21, s. 36. Fire safety procedures and drills 68. (1) Every licensee shall ensure that in respect of each child care centre it operates, (a) a written procedure approved by the local fire chief is established with respect to the duties of each member of the staff of the child care centre in the event of a fire; (b) each staff member is instructed as to his or her responsibilities in the event of a fire before commencing work for the first time; (c) the written procedure referred to in clause (a) is posted in a conspicuous place in each room in the child care centre that is used for the care of children; (d) fire drills are conducted in accordance with subsection (2); (e) a written record is kept of all fire drills, all tests of the fire alarm system and all tests of fire protection equipment and that each record is kept for at least 12 months from the date of the drill or test; and (f) there is a designated place of shelter in the event the child care centre must be evacuated due to an emergency. (2) For the purposes of clause (1) (d), the following rules apply: 1. A fire drill shall be conducted in respect of every child care centre, except a child care centre described in paragraph 2, at least once a month in accordance with Ontario Regulation 213/07 (Fire Code) made under the Fire Protection and Prevention Act, 1997. 2. A total evacuation fire drill shall be conducted in respect of every child care centre or part of every child care centre that is operated in a school and that provides services only to children who are pupils of a school board, including a third party program operated under section 259 or 259.1 of the Education Act, in accordance with Ontario Regulation 213/07, i. at least three times during each fall and spring term the school is in operation, and ii. at least three times or at least once a month, whichever is less, during the summer term the program is in operation. O. Reg. 137/15, s. 68 (2); O. Reg. 254/19, s. 16. (3) Every licensee shall ensure that a written procedure is established with respect to evacuation in the event of fire for each premises where the licensee oversees the provision of home child care. Emergency management 68.1 (1) In this section, “emergency” at a child care centre means an urgent or pressing situation in which immediate action is required to ensure the safety of children and adults in the child care centre. O. Reg. 126/16, s. 42. (2) Subject to subsection (3), every licensee shall ensure that each child care centre it operates has written policies and procedures regarding the management of emergencies that, (a) set out the roles and responsibilities of staff in case of an emergency; (b) require that additional support, including consideration of special medical needs, be provided in respect of any child or adult who needs it in case of an emergency; (c) identify the location of a safe and appropriate off-site meeting place, in case of evacuation; (d) set out the procedures that will be followed to ensure children’s safety and maintain appropriate levels of supervision; (e) set out requirements regarding communications with parents; (f) set out requirements regarding contacting appropriate local emergency response agencies; and (g) address recovery from an emergency, including, (i) requiring that staff, children and parents be debriefed after the emergency, (ii) setting out how to resume normal operations of the child care centre, and (iii) setting out how to support children and staff who may have experienced distress during the emergency. O. Reg. 126/16, s. 42. (3) Despite subsection (2), a licensee is not required to have emergency management policies and procedures described in that subsection if, (a) the child care centre is located in a school, the licensee uses or adopts the school’s emergency management policies and procedures and those policies and procedures address the same matters as described in subsection (2); or (b) the licensee is otherwise required to have a plan that addresses the same matters as described in subsection (2). O. Reg. 126/16, s. 42. Note: On January 1, 2027, the Regulation is amended by adding the following section: (See: O. Reg. 197/26, s. 18) Missing child procedures and drills 68.2 (1) Every licensee of a child care centre or home child care agency shall ensure that there are written policies and procedures regarding the management of an incident in which a child who is receiving child care is missing. O. Reg. 197/26, s. 18. (2) The policies and procedures must, (a) address how to identify when a child should be considered missing so as to prompt the supervisor and other employees of the child care centre or the home child care provider to take the steps set out in the policy; (b) set out the steps that must be taken when a child is considered missing and the related roles and responsibilities of the supervisor and other employees of the child care centre or the home child care provider; (c) indicate when emergency services must be contacted; and (d) indicate when the parents of the child must be notified. O. Reg. 197/26, s. 18. (3) Every licensee of a child care centre shall ensure that in respect of each centre it operates, (a) missing child drills are conducted at least once every three months; and (b) a written record is kept of all missing child drills and each record is kept for at least 12 months from the date of the drill. O. Reg. 197/26, s. 18. Emergency telephone numbers 69. Every licensee shall ensure that, in each child care centre it operates and in each premises where the licensee oversees the provision of home child care, an up-to-date list of the contact information and telephone numbers of the following is accessible in the event of an emergency: 1. The home child care agency, in the case of a premises where the licensee oversees the provision of home child care. 2. If the child care centre or premises does not have access to a 9-1-1 call centre, the contact information and telephone numbers of the following: i. Emergency services. ii. The nearest poison control centre. O. Reg. 174/21, s. 37. Contact information for parents 70. Every licensee shall ensure that the following information is up to date and readily accessible in the event of an emergency to each staff member of each child care centre or home child care agency it operates and to each home child care provider at a premises where the licensee oversees the provision of home child care: 1. The telephone numbers of a parent of each child receiving child care at the child care centre or home child care premises, and a telephone number of a person to be contacted if a parent cannot be reached. 2. Any special medical or additional information provided by a parent of each child receiving child care at the child care centre or home child care premises that could be helpful in an emergency. O. Reg. 137/15, s. 70; O. Reg. 51/18, s. 23. Administrative Matters Insurance 71. Every licensee shall ensure that an insurance policy with respect to each child care centre or home child care agency it operates is obtained and maintained in full force and effect that includes, (a) comprehensive general liability coverage and personal injury coverage, including, where applicable, coverage for the employees of each child care centre, volunteers in each child care centre, employees of each home child care agency and each home child care provider at a premises where the licensee oversees the provision of home child care; and (b) motor vehicle coverage for all vehicles owned by the licensee. Records re children 72. (1) Every licensee shall ensure that up-to-date records are kept of the following matters in respect of each child receiving child care at a child care centre operated by the licensee or receiving child care at a premises where it oversees the provision of home child care: 1. An application for enrolment signed by a parent of the child. 2. The name, date of birth and home address of the child. 3. The names, home addresses and telephone numbers of the parents of the child. 4. Revoked: O. Reg. 174/21, s. 38 (2). 5. The names of persons to whom the child may be released and, if applicable, a copy of any written permission signed by a parent of the child permitting the child to be released from the program at a specified time on their own, without supervision. 6. The date of admission of the child. 7. The date of discharge of the child. 8. The child’s previous history of communicable diseases, conditions requiring medical attention and, in the case of a child who is not in attendance at a school or private school within the meaning of the Education Act, immunization or required form completed by a parent or legally qualified medical practitioner as to why the child should not be immunized. 9. Any symptoms indicative of ill health. 9.1 A copy of any individualized plan. 10. Written instructions signed by a parent of the child for any medical treatment or drug or medication that is to be administered during the hours the child receives child care. 11. Any written instructions signed by a parent of the child concerning requirements in respect of diet, rest or physical activity. 12. A copy of any written recommendation referred to in subsection 33.1 (1) from a child’s physician regarding the placement of a child for sleep. O. Reg. 137/15, s. 72 (1); O. Reg. 126/16, s. 43 (1, 2); O. Reg. 51/18, s. 24; O. Reg. 254/19, s. 17; O. Reg. 174/21, s. 38 (1-3); O. Reg. 325/23, s. 6. (2) The records listed in subsection (1) shall be kept, as the case may be, (a) on the premises of the child care centre at which the child receives child care; or (b) at the home child care premises where the child receives child care and at the home child care agency overseeing the provision of such care. O. Reg. 137/15, s. 72 (2). (3) Every licensee shall ensure that a record is kept of the daily attendance of each child receiving child care in each child care centre it operates and in each premises where it oversees the provision of home child care showing the time of arrival and the time of departure of each child or if a child is absent. O. Reg. 137/15, s. 72 (3). (4) Every licensee shall ensure that a record is kept of the daily attendance of each child in a licensed age group, including each child who was in the group each day and the hours during which they were in the group. O. Reg. 174/21, s. 38 (4). (5) Every licensee shall ensure that the records required to be maintained under this section with respect to a child are kept for at least three years from the date the child is discharged at the child care centre or home child care agency. O. Reg. 137/15, s. 72 (5). (6) Every licensee shall ensure that, (a) the medical officer of health or his or her designate, upon producing proper identification, is permitted to inspect the records referred to in paragraphs 2, 3, 8 and 9 of subsection (1) and subsections (3) and (4); and (b) copies of those records are provided to him or her on request. O. Reg. 137/15, s. 72 (6); O. Reg. 174/21, s. 38 (5). Release of information 73. No licensee shall require as a condition of providing care for a child at a child care centre or with a home child care agency it operates a prior consent from a parent of the child to the release of information with respect to the child. Records re home child care providers 74. (1) Every licensee of a home child care agency shall ensure that a register that lists the addresses of each premises where it oversees the provision of home child care, the names and addresses of the children receiving child care in each premises and the name of the home child care provider in each premises is kept at the home child care agency. O. Reg. 137/15, s. 74; O. Reg. 174/21, s. 39 (1). (2) A licensee shall ensure that the register required under subsection (1) is up-to-date to within 1 business day of any change to the information that is required under subsection (1). O. Reg. 174/21, s. 39 (2). Copies of agreements 75. (1) Every licensee of a home child care agency shall enter into an agreement with each home child care provider at a premises where the licensee oversees the provision of home child care and shall keep a copy of each such agreement at the home child care agency. (2) Every licensee who agrees to operate a child care centre or home child care agency on behalf of a service system manager or First Nation shall ensure that a copy of the agreement with the service system manager or First Nation is kept at the child care centre or home child care agency. Waiting lists 75.1 (1) No licensee shall charge or collect a fee or deposit for the placement of a child on a waiting list for admission to a child care centre or home child care agency. O. Reg. 274/16, s. 4 (1). (2) Every licensee that establishes or maintains a waiting list described in subsection (1) shall develop written policies and procedures that, (a) explain how the licensee determines the order in which children on the waiting list are offered admission; and (b) provide that the waiting list will be made available in a manner that maintains the privacy and confidentiality of the children listed on it, but that allows the position of a child on the list to be ascertained by the affected persons or families. O. Reg. 274/16, s. 4 (2). 76. Revoked: O. Reg. 51/18, s. 25. Statistical information 77. Every licensee shall, in respect of each child care centre or home child care agency it operates, furnish to a director such statistical information as the director may require with respect to the operation of the child care centre or home child care agency. Canada-Wide Early Learning and Child Care System Application to Canada-Wide Early Learning and Child Care System 77.1 (1) A licensee who wishes to enrol in the Canada-Wide Early Learning and Child Care System shall apply to the local service system manager for enrolment in accordance with the process established by the local service system manager and shall provide any documents requested by the local service system manager. O. Reg. 488/24, s. 6. (2) The local service system manager shall enrol an applicant in the Canada-Wide Early Learning and Child Care System unless, (a) there are reasons to believe that the child care centre or home child care agency is not financially viable or will not be operated in a manner that will be financially viable; (b) there is reason to believe that the licensee will use the funding for improper purposes; or (c) the operation of the child care centre or home child care agency in the service area is inconsistent with the service system manager’s directed growth plan. O. Reg. 488/24, s. 6. (3) A licensee that is enrolled shall comply with the terms of any agreement that it enters into with the local service system manager in relation to the Canada-Wide Early Learning and Child Care System, including terms regarding the use of the funding and wage requirements. O. Reg. 488/24, s. 6. (4) A licensee shall keep a copy of any agreement referred to in subsection (3) at the child care centre or home child care agency, as the case may be. O. Reg. 488/24, s. 6. (5) In the event of a conflict between this Regulation and the terms of an agreement referred to in subsection (3), this Regulation prevails. O. Reg. 488/24, s. 6. (6) For greater certainty, if a licensee that is a corporation transfers shares of the corporation that would be sufficient to allow the person acquiring the shares to make a change to the corporation’s board of directors, the licensee remains enrolled and subject to the agreement referred to in subsection (3). O. Reg. 488/24, s. 6. (7) For greater certainty, if a licensee sells substantially all of its assets and the purchaser wishes to enrol in the Canada-Wide Early Learning and Child Care System, it shall apply for enrolment in accordance with this section. O. Reg. 488/24, s. 6. (8) In this section, “directed growth plan” means a plan developed by a service system manager to create new child care spaces in the service system manager’s jurisdiction in accordance with the principles set out in the document provided by the Ministry to the service system manager entitled, “Ontario’s Access and Inclusion Framework 2023”, dated June 2023. O. Reg. 488/24, s. 6. Base fee for licensees enrolled in the Canada-Wide Early Learning and Child Care System 77.2 (1) A licensee that is enrolled in the Canada-Wide Early Learning and Child Care System shall ensure that a base fee higher than the amount determined under subsection (2) is not charged in respect of an eligible child enrolled at a child care centre it operates or at a home child care premises that it oversees. O. Reg. 488/24, s. 6. (2) The base fee is the lowest of the following amounts: 1. $22 per day. 2. The base fee charged on December 31, 2024, if the licensee was enrolled in the Canada-Wide Early Learning and Child Care System on that day. 3. The applicable amount set out in a Table to this section, if the licensee was not enrolled in the Canada-Wide Early Learning and Child Care System on December 31, 2024. O. Reg. 488/24, s. 6. (3) A base fee that is different from the base fee determined in accordance with subsection (2) may be charged in respect of an eligible child if the Minister has authorized the local service system to enter into an agreement with the licensee to permit the different base fee. O. Reg. 488/24, s. 6. (4) If a base fee higher than the base fee determined under subsection (2) or (3) has been prepaid in respect of an eligible child, the licensee shall ensure that a credit or refund is issued of the difference between the amount that was prepaid and the amount of the base fee determined under subsection (2) or (3). O. Reg. 488/24, s. 6. (5) Any credit or refund required under subsection (4) shall be given within 60 days after, (a) December 31, 2024, if the licensee was enrolled on that day; and (b) the day the licensee is notified by a local service system manager of the enrolment date, if the licensee was not enrolled on December 31, 2024. O. Reg. 488/24, s. 6. (6) If a child in respect of whom a credit was provided under this section ceases to receive child care at a child care centre the licensee operates or at a home child care premises that it oversees, the licensee shall ensure that a refund is provided of any remaining amount within 60 days after the day the child ceases to receive care. O. Reg. 488/24, s. 6. TABLE 1 Child Care Centre Daily FeeS For Full-Day Programs Item Column 1 Service Area Column 2 Licensed infant group Column 3 Licensed toddler group Column 4 Licensed preschool group Column 5 Licensed kindergarten group Column 6 Licensed school age group Column 7 Licensed family age group 1. City of Brantford $22.00 $21.88 $20.67 $19.03 $19.03 $21.88 2. City of Cornwall $22.00 $17.96 $16.96 $14.66 $14.66 $17.96 3. City of Greater Sudbury $22.00 $22.00 $20.96 $18.64 $18.64 $22.00 4. City of Hamilton $22.00 $22.00 $22.00 $22.00 $22.00 $22.00 5. City of Kawartha Lakes $22.00 $20.89 $18.25 $17.85 $17.85 $20.89 6. City of Kingston $22.00 $22.00 $22.00 $22.00 $22.00 $22.00 7. City of London $22.00 $22.00 $22.00 $22.00 $22.00 $22.00 8. City of Ottawa $22.00 $22.00 $22.00 $20.07 $20.07 $22.00 9. City of Peterborough $22.00 $22.00 $20.71 $18.41 $18.41 $22.00 10. City of St. Thomas $22.00 $21.82 $20.37 $16.73 $16.73 $21.82 11. City of Stratford $22.00 $21.96 $20.37 $17.03 $17.03 $21.96 12. City of Toronto $22.00 $22.00 $22.00 $22.00 $22.00 $22.00 13. City of Windsor $22.00 $20.96 $19.11 $17.40 $17.40 $20.96 14. County of Bruce $22.00 $22.00 $22.00 $15.51 $15.51 $22.00 15. County of Dufferin $22.00 $22.00 $22.00 $19.46 $19.46 $22.00 16. County of Grey $22.00 $21.09 $20.10 $14.91 $14.91 $21.09 17. County of Hastings $22.00 $22.00 $21.61 $20.39 $20.39 $22.00 18. County of Huron $22.00 $21.32 $19.84 $18.32 $18.32 $21.32 19. County of Lambton $22.00 $22.00 $22.00 $19.73 $19.73 $22.00 20. County of Lanark $22.00 $22.00 $22.00 $16.43 $16.43 $22.00 21. County of Lennox & Addington $22.00 $20.96 $19.80 $19.39 $19.39 $20.96 22. County of Northumberland $21.59 $19.99 $18.61 $17.68 $17.68 $19.99 23. County of Oxford $22.00 $22.00 $20.10 $17.42 $17.42 $22.00 24. County of Renfrew $22.00 $22.00 $21.12 $19.90 $19.90 $22.00 25. County of Simcoe $22.00 $22.00 $22.00 $20.96 $20.96 $22.00 26. County of Wellington $22.00 $22.00 $22.00 $20.37 $20.37 $22.00 27. District Municipality of Muskoka $22.00 $21.35 $20.31 $19.39 $19.39 $21.35 28. Municipality of Chatham-Kent $21.64 $20.67 $20.14 $19.57 $19.57 $20.67 29. Norfolk County $22.00 $22.00 $20.58 $17.80 $17.80 $22.00 30. Regional Municipality of Durham $22.00 $22.00 $22.00 $19.64 $19.64 $22.00 31. Regional Municipality of Halton $22.00 $22.00 $22.00 $22.00 $22.00 $22.00 32. Regional Municipality of Niagara $22.00 $22.00 $20.44 $19.44 $19.44 $22.00 33. Regional Municipality of Peel $22.00 $22.00 $22.00 $22.00 $22.00 $22.00 34. Regional Municipality of Waterloo $22.00 $22.00 $22.00 $21.39 $21.39 $22.00 35. Regional Municipality of York $22.00 $22.00 $22.00 $22.00 $22.00 $22.00 36. United Counties of Leeds & Grenville $22.00 $20.83 $19.22 $18.71 $18.71 $20.83 37. United Counties of Prescott and Russell $22.00 $20.78 $20.33 $15.93 $15.93 $20.78 38. Algoma District Services Administration Board $19.16 $18.49 $17.29 $16.53 $16.53 $18.49 39. District of Cochrane Social Services Administration Board $20.94 $18.93 $18.81 $18.46 $18.46 $18.93 40. District of Nipissing Social Services Administration Board $22.00 $20.15 $18.80 $18.00 $18.00 $20.15 41. District of Parry Sound Social Services Administration Board $22.00 $22.00 $22.00 $22.00 $22.00 $22.00 42. District of Sault Ste Marie Social Services Administration Board $22.00 $20.30 $19.47 $18.57 $18.57 $20.30 43. District of Timiskaming Social Services Administration Board $21.59 $18.37 $16.92 $14.26 $14.26 $18.37 44. Kenora District Services Board $22.00 $21.64 $20.62 $16.97 $16.97 $21.64 45. Manitoulin-Sudbury District Services Board $17.65 $15.12 $12.61 $12.00 $12.00 $15.12 46. Rainy River District Social Services Administration Board $22.00 $18.74 $19.11 $12.00 $12.00 $18.74 47. District of Thunder Bay Social Services Administration Board $22.00 $22.00 $21.58 $17.50 $17.50 $22.00 O. Reg. 488/24, s. 6. TABLE 2 Child Care Centre Daily Fees for Before and After School Programs Item Column 1 Service Area Column 2 Kindergarten Column 3 School Age 1. City of Brantford $12.00 $12.00 2. City of Cornwall $12.00 $12.00 3. City of Greater Sudbury $12.00 $12.00 4. City of Hamilton $12.00 $12.00 5. City of Kawartha Lakes $12.00 $12.00 6. City of Kingston $12.00 $12.00 7. City of London $12.71 $12.00 8. City of Ottawa $12.00 $12.00 9. City of Peterborough $12.00 $12.00 10. City of St. Thomas $12.00 $12.00 11. City of Stratford $12.00 $12.00 12. City of Toronto $15.26 $12.55 13. City of Windsor $12.00 $12.00 14. County of Bruce $12.00 $12.00 15. County of Dufferin $14.20 $12.00 16. County of Grey $12.00 $12.00 17. County of Hastings $12.00 $12.03 18. County of Huron $12.00 $12.00 19. County of Lambton $12.00 $12.00 20. County of Lanark $12.00 $12.00 21. County of Lennox & Addington $12.00 $12.00 22. County of Northumberland $13.32 $13.72 23. County of Oxford $12.00 $12.00 24. County of Renfrew $12.00 $12.00 25. County of Simcoe $12.00 $12.00 26. County of Wellington $12.00 $12.00 27. District Municipality of Muskoka $12.00 $12.00 28. Municipality of Chatham-Kent $12.00 $12.00 29. Norfolk County $12.00 $12.00 30. Regional Municipality of Durham $12.98 $12.00 31. Regional Municipality of Halton $13.26 $12.22 32. Regional Municipality of Niagara $12.00 $12.00 33. Regional Municipality of Peel $13.35 $12.27 34. Regional Municipality of Waterloo $12.59 $12.77 35. Regional Municipality of York $12.95 $12.00 36. United Counties of Leeds & Grenville $12.00 $12.00 37. United Counties of Prescott and Russell $12.00 $12.00 38. Algoma District Services Administration Board $12.00 $12.00 39. District of Cochrane Social Services Administration Board $12.00 $12.00 40. District of Nipissing Social Services Administration Board $12.00 $12.00 41. District of Parry Sound Social Services Administration Board $12.00 $12.00 42. District of Sault Ste Marie Social Services Administration Board $12.00 $12.00 43. District of Timiskaming Social Services Administration Board $12.00 $12.00 44. Kenora District Services Board $12.34 $12.28 45. Manitoulin-Sudbury District Services Board $10.63 $10.63 46. Rainy River District Social Services Administration Board $12.00 $12.00 47. District of Thunder Bay Social Services Administration Board $12.23 $12.44 O. Reg. 488/24, s. 6. TABLE 3 Home Child Care Daily FeeS For Full-Day ProgramS Item Column 1 Service Area Column 2 Younger than 2 years Column 3 2-3 years Column 4 4-6 years 1. City of Brantford $18.79 $18.18 $18.18 2. City of Cornwall $18.42 $17.45 $16.48 3. City of Greater Sudbury $21.26 $19.29 $18.18 4. City of Hamilton $22.00 $21.56 $22.00 5. City of Kawartha Lakes $22.00 $22.00 $21.79 6. City of Kingston $22.00 $21.96 $21.39 7. City of London $22.00 $22.00 $20.99 8. City of Ottawa $22.00 $22.00 $21.07 9. City of Peterborough $22.00 $21.50 $18.21 10. City of St. Thomas $21.82 $19.39 $17.94 11. City of Stratford $22.00 $21.33 $18.42 12. City of Toronto $22.00 $22.00 $17.88 13. City of Windsor $19.25 $18.45 $17.43 14. County of Bruce $22.00 $22.00 $22.00 15. County of Dufferin $21.33 $21.33 $19.39 16. County of Grey $21.82 $21.82 $21.82 17. County of Hastings $19.64 $19.68 $19.17 18. County of Huron $17.70 $16.73 $16.73 19. County of Lambton $21.82 $21.82 $21.82 20. County of Lanark $22.00 $22.00 $22.00 21. County of Lennox & Addington $22.00 $21.67 $20.48 22. County of Northumberland $20.32 $20.23 $18.82 23. County of Oxford $22.00 $22.00 $20.85 24. County of Renfrew $19.88 $18.90 $16.48 25. County of Simcoe $22.00 $22.00 $22.00 26. County of Wellington $22.00 $20.58 $20.58 27. District Municipality of Muskoka $20.85 $17.94 $16.97 28. Municipality of Chatham-Kent $20.61 $18.18 $17.70 29. Norfolk County $18.47 $17.59 $17.08 30. Regional Municipality of Durham $21.54 $21.58 $17.35 31. Regional Municipality of Halton $22.00 $22.00 $22.00 32. Regional Municipality of Niagara $21.66 $21.61 $20.46 33. Regional Municipality of Peel $22.00 $22.00 $19.28 34. Regional Municipality of Waterloo $22.00 $22.00 $20.42 35. Regional Municipality of York $22.00 $22.00 $21.90 36. United Counties of Leeds & Grenville $22.00 $22.00 $22.00 37. United Counties of Prescott and Russell $16.48 $15.76 $15.76 38. Algoma District Services Administration Board $17.70 $17.21 $16.73 39. District of Cochrane Social Services Administration Board $16.97 $16.97 $16.97 40. District of Nipissing Social Services Administration Board $21.25 $20.68 $20.70 41. District of Parry Sound Social Services Administration Board $22.00 $20.36 $20.36 42. District of Sault Ste Marie Social Services Administration Board $20.36 $18.42 $18.42 43. District of Timiskaming Social Services Administration Board $20.36 $18.42 $18.42 44. Kenora District Services Board $21.39 $19.76 $19.09 45. Manitoulin-Sudbury District Services Board $12.61 $12.61 $12.61 46. Rainy River District Social Services Administration Board $19.15 $18.79 $18.79 47. Thunder Bay District Social Services Administration Board $22.00 $19.84 $19.01 O. Reg. 488/24, s. 6. TABLE 4 HOME CHILD CARE DAILY FEES FOR Before and After School Programs Item Column 1 Service Area Column 2 4-5 years Column 3 6-12 years 1. City of Brantford $12.00 $12.00 2. City of Cornwall $12.00 $12.00 3. City of Greater Sudbury $12.00 $12.00 4. City of Hamilton $16.46 $16.98 5. City of Kawartha Lakes $12.00 $12.00 6. City of Kingston $14.42 $12.00 7. City of London $12.00 $12.00 8. City of Ottawa $12.00 $12.00 9. City of Peterborough $12.00 $12.00 10. City of St. Thomas $12.00 $12.00 11. City of Stratford $12.00 $12.00 12. City of Toronto $12.99 $12.82 13. City of Windsor $12.00 $12.00 14. County of Bruce $12.00 $12.00 15. County of Dufferin $12.12 $12.12 16. County of Grey $12.00 $12.00 17. County of Hastings $12.00 $12.00 18. County of Huron $12.00 $12.00 19. County of Lambton $12.00 $12.00 20.

County of Lanark $13.09 $12.00 21. County of Lennox & Addington $12.00 $12.00 22. County of Northumberland $12.00 $12.00 23. County of Oxford $17.57 $17.57 24. County of Renfrew $12.00 $12.00 25. County of Simcoe $13.94 $13.90 26. County of Wellington $14.03 $14.03 27. District Municipality of Muskoka $12.00 $12.00 28. Municipality of Chatham-Kent $12.00 $12.00 29. Norfolk County $12.00 $12.00 30. Regional Municipality of Durham $13.86 $13.75 31. Regional Municipality of Halton $16.00 $17.24 32. Regional Municipality of Niagara $13.57 $13.57 33. Regional Municipality of Peel $14.88 $13.81 34. Regional Municipality of Waterloo $12.76 $12.00 35. Regional Municipality of York $16.48 $17.45 36. United Counties of Leeds & Grenville $12.00 $12.00 37. United Counties of Prescott and Russell $12.00 $12.00 38. Algoma District Services Administration Board $11.29 $12.00 39. District of Cochrane Social Services Administration Board $10.26 $12.00 40. District of Nipissing Social Services Administration Board $12.00 $12.00 41. District of Parry Sound Social Services Administration Board $13.09 $13.09 42. District of Sault Ste Marie Social Services Administration Board $12.00 $12.00 43. District of Timiskaming Social Services Administration Board $13.57 $13.57 44. Kenora District Services Board $12.00 $12.00 45. Manitoulin-Sudbury District Services Board $10.67 $10.67 46. Rainy River District Social Services Administration Board $12.00 $12.00 47. Thunder Bay District Social Services Administration Board $12.00 $12.00 O. Reg. 488/24, s. 6. Notice of disenrollment 77.3 (1) If a licensee intends to disenroll from the Canada-Wide Early Learning and Child Care System, the licensee shall ensure that notice of the disenrollment is provided to the following persons at least 30 days before the disenrollment date: 1. A parent of every eligible child enrolled at a child care centre the licensee operates or at a home child care premises that it oversees. 2. Every employee of a child care centre or home child care agency the licensee operates. 3. Every home child care provider in each home child care premises that the licensee oversees. O. Reg. 488/24, s. 6. (2) If a licensee is advised by a service system manager that it will be disenrolled from the system, the licensee shall ensure that notice of the disenrollment is provided to the persons mentioned in subsection (1), (a) if the advice is given less than 30 days before the disenrollment date indicated by the service system manager, within three business days after the day the licensee receives the advice; and (b) otherwise, at least 30 days before the disenrollment date indicated by the service system manager. O. Reg. 488/24, s. 6. (3) A parent who receives a notice of disenrollment shall not be penalized for withdrawing their child from the child care centre or the home child care premises as long as the parent gives notice of the withdrawal to the licensee or home child care provider, as the case may be, (a) within 30 days after receiving the notice of disenrollment; and (b) at least 30 days before the date the parent would like to withdraw the child. O. Reg. 488/24, s. 6. (4) Clause (3) (b) applies despite any agreement between the licensee or home child care provider and the parent, unless the agreement authorizes the parent to give the licensee less than 30 days notice of the withdrawal of their child. O. Reg. 488/24, s. 6. 77.4 Revoked: O. Reg. 488/24, s. 6. Role of service system manager 77.5 (1) Every service system manager shall administer the Canada-Wide Early Learning and Child Care System in a manner consistent with any direction provided by the Minister. O. Reg. 236/22, s. 3. (2) Without limiting the generality of subsection (1), every service system manager shall process applications for enrolment in the Canada-Wide Early Learning and Child Care System from both for-profit and not-for-profit licensees in a manner consistent with any direction provided by the Minister. O. Reg. 236/22, s. 3. Exception 77.6 Sections 13.1 and 77.1 to 77.5 do not apply to licensees providing child care on a First Nation reserve, in recognition of federal funding provided under the Indigenous Early Learning and Child Care Framework. O. Reg. 236/22, s. 3; O. Reg. 565/22, s. 4. PART IIi aDMINISTRATIVE PENALTIES Amount of administrative penalty 78. (1) The administrative penalty for the first contravention of a provision set out in an item of Table 1 or Table 2 to this section is the amount set out for that item in Column 3 of the Table. O. Reg. 137/15, s. 78 (1); O. Reg. 126/16, s. 44 (1). (2) If, within three years after the first contravention of a provision set out in an item of Table 1 or Table 2, a subsequent contravention of the provision occurs, the administrative penalty is, (a) for the second contravention, twice the amount set out for that item in Column 3 of the Table; (b) for the third contravention, three times the amount set out for that item in Column 3 of the Table; and (c) for each contravention after the third, four times the amount set out for that item in Column 3 of the Table. O. Reg. 137/15, s. 78 (2); O. Reg. 126/16, s. 44 (2). (3) If a contravention of a provision set out in an item of Table 1 continues for two or more successive days, the administrative penalty is the amount determined under subsection (1) or (2) multiplied by the number of successive days that the contravention continues. O. Reg. 137/15, s. 78 (3); O. Reg. 126/16, s. 44 (3). (4) If the amount of an administrative penalty calculated under this section for the contravention of a provision set out in an item of Table 1 or Table 2 exceeds $100,000, the amount is deemed to be $100,000, subject to any reduction of the amount under subsection 39 (4) of the Act. O. Reg. 137/15, s. 78 (4); O. Reg. 126/16, s. 44 (4). Table 1 Item Column 1 Contravened provisions Column 2 Description of contravention Column 3 Amount of administrative penalty, in dollars 1. Act, s. 6 (1), read with s. 6 (3) subparagraph 1 i Prohibition – provision of home child care, total number of children 2000 × number of children that exceed the number specified in the Act 2. Act, s. 6 (1), read with s. 6 (3) subparagraph 1 iv Prohibition – provision of home child care, number of children younger than two 2000 × number of children that exceed the number specified in the Act 3. Act, s. 6 (1), read with s. 6 (3) subparagraph 1 iii Prohibition – provision of home child care, advising home child care agency 1,000 4. Act, s. 6 (1), read with s. 6 (3) subparagraph 2 i Prohibition – provision of unlicensed child care, total number of children 2000 × number of children that exceed the number specified in the Act 5. Act, s. 6 (1), read with s. 6 (3) subparagraph 2 iii Prohibition – provision of unlicensed child care, number of children younger than two 2000 × number of children that exceed the number specified in the Act 6. Act, s. 7 Prohibition – operation of home child care agency 2,000 7. Act, s. 8 Prohibition – operation of multiple unlicensed premises 2,000 8. Act, s. 9 Prohibition – past conduct, child care providers, etc. 2,000 9. Act, s. 10 Prohibition – preventing parental access to the child and premises 1,000 10. Act, s. 11 Prohibition – use of terms re licensing 750 11. Act, s. 12 Duty to disclose if not licensed 750 12. Act, s. 14 Duties re posting, returning and copying licences 750 13. Act, s. 15 Duty to provide receipt for payment 500 14. Act, s. 31 (4) Obligation to produce and assist 2,000 15. Act, s. 35 Obligation to provide police record checks 2,000 16. Act, s. 76 Prohibition – obstruction of inspector 4,000 17. Regulation, s. 8 Ratios and maximum group sizes, child care centre 2000 × number of children that exceed the number specified in s. 8 18. Regulation, s. 8.1 Licensed family age groups 2000 × number of children that exceed the number specified in s. 8.1 19. Regulation, s. 9 Home child care group sizes 2000 × number of children that exceed the number specified in s. 9 20. Regulation, s. 11 Supervision by adult at all times 2,000 21. Revoked: O. Reg. 488/24, s. 7 (1). 22. Regulation, s. 77.2 Prohibition – charging base fee higher than applicable base fee $750 × number of children for whom a fee higher than the applicable base fee was charged or not credited or refunded O. Reg. 137/15, s. 78, Table; O. Reg. 126/16, s. 44 (5, 6); O. Reg. 51/18, s. 26 (1); O. Reg. 452/18, s. 4 (1); O. Reg. 261/20, s. 2; O. Reg. 368/20, s. 1; O. Reg. 442/20, s. 2; O. Reg. 236/22, s. 4; O. Reg. 469/22, s. 6; O. Reg. 488/24, s. 7. Table 2 Item Column 1 Contravened provisions Column 2 Description of contravention Column 3 Amount of administrative penalty, in dollars 0.1 Regulation, s. 11.1 (1) Supervision of volunteers and students at all times 1,000 0.2 Regulation, s. 15 (2) Designated spaces and items inaccessible to children 1,000 0.3 Regulation, s. 30.1 (1) and (2) (a) Bodies of water 1,000 0.4 Regulation, s. 31 Hazards 1,000 1. Regulation, clause 38 (1) (b) Reporting of serious occurrence 2,000 2. Regulation, subclause 40 (1) (b) (ii) and clause 40 (1) (d) Administration of drugs or medications 2,000 3. Regulation, s. 48 (1) Prohibited practices, licensee 2,000 3.1 Regulation, s. 60, 61.1 and 63 Duty to obtain record check 1,000 4. Regulation, s. 72 (1), (2), (3) Records re children 750 5. Regulation, s. 74 Records re home child care providers 750 6. Regulation, s. 75 Copies of agreements 750 O. Reg. 126/16, s. 44 (7); O. Reg. 51/18, s. 26 (2, 3); O. Reg. 452/18, s. 4 (2); O. Reg. 254/19, s. 18. Application for review of notice of administrative penalty 79. An application to a designated senior employee under subsection 39 (7) of the Act for review of a notice of administrative penalty shall set out the grounds on which the review is sought and shall be accompanied by the documentary evidence, if any, that is relevant to the review. Designated senior employee 80. (1) The position of a corporate director is prescribed for the purposes of the definition of “designated senior employee” in subsection 2 (1) of the Act. O. Reg. 137/15, s. 80 (1); O. Reg. 197/26, s. 19. (2) For greater certainty, a director as defined in subsection 2 (1) of the Act is not a corporate director. O. Reg. 137/15, s. 80 (2); O. Reg. 197/26, s. 19. PART IV mISCELLANEOUS Fee for licence 81. (1) The fees payable in respect of an application for a licence to operate a child care centre shall be determined by reference to the maximum number of children for whom child care may be provided at the child care centre, as set out in Column 1 of the Table to this subsection, and are as follows: 1. For an application for a new licence, the fee is the amount set out in Column 2 of the Table. 2. For an application for a renewal of a licence, which may include revisions to the licence, the fee is the amount set out in Column 3 of the Table. 3. For an application for a revised licence at any time other than upon renewal, the fee is, i. $25, or ii. if in the opinion of an inspector or program adviser, the revision requires him or her to visit the child care centre, the amount set out in Column 4 of the Table. Table Item Column 1 Maximum number of children Column 2 Fee for a new licence, in dollars Column 3 Fee for renewal of a licence, in dollars Column 4 Revision fee, in dollars 1. 0-24 200 100 50 2. 25-49 250 120 65 3. 50-74 300 140 75 4. 75-99 350 170 90 5. 100-124 400 200 100 6. 125 or more 450 230 115 O. Reg. 126/16, s. 45; O. Reg. 197/26, s. 20 (1). (2) The fees payable in respect of an application for a licence to operate a home child care agency shall be determined by reference to the number of premises where the agency oversees the provision of home child care, as set out in Column 1 of the Table to this subsection, and are as follows: 1. For an application for a new licence, the fee is the amount set out in Column 2 of the Table. 2. For an application for a renewal of a licence, which may include revisions to the licence, the fee is the amount set out in Column 3 of the Table. 3. For an application for a revised licence at any time other than upon renewal, the fee is, i. $25, or ii. if in the opinion of an inspector or program adviser, the revision requires him or her to visit the home child care agency, the amount set out in Column 4 of the Table. Table Item Column 1 Number of premises Column 2 Fee for a new licence, in dollars Column 3 Fee for renewal of a licence, in dollars Column 4 Revision fee, in dollars 1. 0-25 200 100 50 2. 26-50 250 120 65 3. 51-75 300 140 75 4. 76-100 350 170 90 5. 101-125 400 200 100 6. 126- or more 450 230 115 O. Reg. 126/16, s. 45; O. Reg. 197/26, s. 20 (2). (3) If a licensee does not apply to renew a licence and submit the renewal fee before its expiry, the fees applicable to a new licence shall apply. O. Reg. 126/16, s. 45. Record retention 82. (1) Where a licensee is required under this Regulation to make or keep a record, report or other document, it shall keep the record, report or other document in a secure location for at least three years from the date it is made, unless otherwise specified, and shall ensure that the record, report or document is made available for inspection by an inspector or program adviser at all times. O. Reg. 137/15, s. 82; O. Reg. 174/21, s. 40 (1). (2) Unless otherwise specified in this Regulation, any record, report or other document required under this Regulation, or any other regulation made under the Act, may be made or kept in either a hard copy or electronic format. O. Reg. 174/21, s. 40 (2). Prescribed manner of disclosure of no licence 83. (1) A disclosure required under subsection 12 (1) of the Act by a person who does not hold a licence shall be made in writing and shall include the sentence “This child care program is not licensed by the Government of Ontario”. (2) For the purposes of subsection 12 (2) of the Act, the person making the written disclosure referred to in subsection (1) shall keep a record of the written disclosure. Communications for parents 83.1 (1) Every licensee shall ensure that all communications or informational materials provided by the Minister for the purposes of distribution to parents of children receiving licensed child care are shared with a parent of each child receiving child care at a child care centre operated by the licensee or at a premises where the licensee oversees the provision of home child care. O. Reg. 117/25, s. 2. (2) The licensee shall ensure that the communications or informational materials referred to in subsection (1) are shared with the parents, (a) without any revision to the content of the communications or material; and (b) within the timeframe specified by a director. O. Reg. 117/25, s. 2. Signage 84. (1) For the purposes of subsections 14 (1) and (2) of the Act, the signage that shall be posted is signage provided by the Minister that identifies that the premises is licensed. (2) Subsection 14 (2) of the Act does not apply with respect to premises where in-home services are provided if only in-home services, and no other licensed child care, is provided at the premises. Return of signage 85. A home child care provider shall return any signage that was provided for the purposes of the Act to the home child care agency within 30 days after the day the provider’s agreement with the agency expires or otherwise terminates. O. Reg. 117/25, s. 3 Publication of information 85.1 For the purposes of paragraph 3 of subsection 19 (2) of the Act, the following is prescribed as information the Minister may publish on a government website. 1. Information compiled in connection with a licensing inspection. 2. Information about verified complaints filed in respect of unlicensed child care providers. O. Reg. 126/16, s. 46. Term of licence 85.2 For the purposes of clause 22 (1) (a) of the Act, a director may issue or renew a licence for a maximum period of two years. O. Reg. 126/16, s. 46. Provisional licences 86. (1) For the purposes of subclause 24 (1) (a) (iii) of the Act, the period within which non-compliance must be remedied, in the director’s opinion, is one year. O. Reg. 126/16, s. 47. (2) For greater certainty, the director had the authority to issue provisional licences under subsection 24 (1) of the Act before the day subsection (1) came into force. O. Reg. 126/16, s. 47. (3) For the purposes of subsection 24 (4) of the Act, the maximum term of a provisional licence is one year. O. Reg. 126/16, s. 47. (4) For the purposes of subsection 24 (5) of the Act, the maximum term for which a provisional licence may be renewed is one year. O. Reg. 126/16, s. 47. Police record check 87. For the purposes of subsection 35 (3) of the Act, a police record check, (a) must have been prepared no earlier than six months before the day it is provided to the director or inspector; and (b) where the person will interact with children, must be a vulnerable sector check that is, (i) conducted by a police service, and (ii) prepared no earlier than six months before the day it is provided to the director or inspector. O. Reg. 137/15, s. 87; O. Reg. 452/18, s. 5 (1, 2); O. Reg. 97/24, s. 2. Child care and early years programs and services plans 87.1 (1) For the purposes of clause 51 (2) (c) of the Act, child care and early years programs and services plans shall include steps to implement the plan. O. Reg. 126/16, s. 48. (2) For the purposes of subsection 51 (3) of the Act, child care and early years programs and services plans shall be updated at least every five years. O. Reg. 126/16, s. 48. (3) For the purposes of subsection 51 (4) of the Act, the service system manager shall consult with child and family programs. O. Reg. 126/16, s. 48; O. Reg. 51/18, s. 27. Power of director 88. Where an approval is required by a director or where something is to be done as required by a director under this Regulation, the power to give the approval and to impose the requirement are prescribed to be powers of a director pursuant to subsection 66 (2) of the Act. Prescribed offences 88.1 (1) The following provisions are prescribed for the purposes of paragraph 13 of subsection 78 (1) of the Act: 1. Section 12 of the Act (Duty to disclose if not licensed and to retain record of disclosure). 2. Section 15 of the Act (Duty to provide receipt for payment). 3. Section 8 of this Regulation (Ratios and maximum group sizes, child care centre). 4. Section 11 of this Regulation (Supervision by adult at all times). 5. Section 48 of this Regulation (Prohibited practices). 6. Section 60 of this Regulation (Duty to obtain initial record check). 7. Subsection 31 (4) of the Act (Obligation to produce and assist). 8. Section 35 of the Act (Police record checks). 9. Revoked: O. Reg. 488/24, s. 8 (1). 10. Section 77.2 of this Regulation (Base fee for licensees enrolled in the Canada-Wide Early Learning and Child Care System). O. Reg. 126/16, s. 48; O. Reg. 51/18, s. 28; O. Reg. 452/18, s. 6; O. Reg. 236/22, s. 5; O. Reg. 488/24, s. 8. (2) The offences mentioned in the following provisions of the Criminal Code (Canada) are prescribed for the purposes of subparagraph 1 iii of subsection 9 (1) of the Act: 1. Every provision that is prescribed for the purposes of the definition of “prescribed sexual act” under the Early Childhood Educators Act, 2007. 2. Section 281 (abduction of person under 14). O. Reg. 197/26, s. 21. Part IV.1 (s. 88.2-88.7) Revoked: O. Reg. 221/22, s. 1. Part V (s. 89-91) Revoked: O. Reg. 174/21, s. 42. PART VI (OMITTED) 92. Omitted (provides for amendments to this Regulation). O. Reg. 137/15, s. 92; O. Reg. 295/17, s. 1. 93. Omitted (provides for coming into force of provisions of this Regulation). SCHEDULE 1 REQUIREMENTS RE Child care centres Item Column 1 Name of age category Column 2 Age range of age category Column 3 Ratio of employees to children Column 4 Maximum number of children in group Column 5 Proportion of employees that must be qualified employees 1. Infant Younger than 18 months 3 to 10 10 1/3 2. Toddler 18 months or older but younger than 30 months 1 to 5 15 1/3 3. Preschool 30 months or older but younger than 6 years 1 to 8 24 2/3 4. Kindergarten 44 months or older but younger than 7 years 1 to 13 26 1/2 5. Primary/junior school age 68 months or older but younger than 13 years 1 to 15 30 1/2 6. Junior school age 9 years or older but younger than 13 years 1 to 20 20 1/1 O. Reg. 126/16, s. 49. Schedule 2 Revoked: O. Reg. 51/18, s. 30. Schedule 3 Revoked: O. Reg. 174/21, s. 43. SCHEDULE 4 REQUIREMENTS RE Licensed FAMILY AGE GROUPS Item Column 1 Age range of age category Column 2 Ratio of employees to children 1. Younger than 12 months 1 to 3 2. 12 months or older but younger than 24 months 1 to 4 3. 24 months or older but younger than 13 years 1 to 8 O. Reg. 126/16, s. 50.