Canada — Quebec Act or statute

Canada — Quebec legislation

Educational Childcare Act, 2005

Source excerpt

access conditionsaccreditationaccreditation complianceaccreditation revocationaccredited coordinating officesadministrative complianceadministrative decision-makingadministrative discretionadministrative enforcementadministrative lawadministrative noticeadministrative offencesadministrative ordersadministrative penaltiesadministrative reportingadministrative reviewadmissionadmissionsadvisory committeeappealsassessmentasset transferattestationattestation assessmentattestation validityauthority powersauthorizationbackground investigationbackground screeningboard authorizationboard compositionbuilding use authorizationbusiness operationscertificateschild care permittingchild developmentchild evacuationchild protection compliancechild ratioschild-countingchildcarechildcare administrationchildcare admission prioritychildcare admissionschildcare agreementschildcare allocationchildcare capacitychildcare centre administrationchildcare centre operationschildcare centreschildcare compliancechildcare facilitychildcare facility compliancechildcare facility relocationchildcare governancechildcare licensingchildcare operationschildcare permitschildcare provider compliancechildcare provider recognitionchildcare quality assessmentchildcare recordschildcare registrationchildcare regulationchildcare service conditionschildcare service supplychildcare serviceschildcare services agreementschildcare space allocationchildcare staffingchildcare subsidiesclient benefitscoming into forcecommencementcommittee compositioncommittee electioncommittee governancecommittee meetingscommittee procedurecommunication restrictionscomplaintscomplaints handlingcompliancecompliance deadlinescompliance monitoringcompliance recordkeepingcompliance reportingconsent formsconsultationconsumer protectioncontribution amountcorporate controlcorporate governancecorporate restrictionscriminal record / impediment checkcriminal records / impediment investigationcurriculum/program requirementsday care administrationday care centre operationsday care centre permitsday care centresday care licensingdecision reviewdecision-makingdelegation of responsibilitydocument productioneducationeducational childcareeducational childcare authorizationeducational childcare providereducational childcare serviceseligibility screeningemployment benefitsemployment complianceemployment disciplineevacuation complianceexemptionsfacility accessfacility admissionfacility changesfacility closurefacility occupancy limitsfalse informationfamily membersfamily servicesfamily statusfee exemption reviewfeesfees and extra contributionsfinesfund administrationfund transfersgovernment agreementsgovernment fundinggovernment inspectiongovernment regulationgovernment websitehealth and safetyhome childcarehome childcare serviceshome educational childcarehome educational childcare coordinating officeindexing methodinformation disclosureinformation handlinginformation reportinginformation requestsinspectioninspection and complianceinspectionsinspector powersinstitutional attendanceinsuranceinterestinterest on amount owinginterest on amounts dueinvestigationsland use permitslegislative tablinglicensinglicensing/application reviewlicensing/recognitionlimitation periodsmeeting quorummember designationministerial accreditationministerial appointmentministerial authorizationministerial complianceministerial directivesministerial exemptionministerial filingministerial noticeministerial notificationministerial publicationministerial reportingministerial reviewmunicipal by-law overridenaming restrictionsnon-compliance noticesnotice of cessationoffencesparent communicationparent meetingparent noticeparental authorizationparental contributionparental contributionsparental payment eligibilityparental responsibilitiesparty statuspayment suspensionpaymentspenaltiespenalty noticepermit administrationpermit allocationpermit appealspermit applicationspermit compliancepermit conditionspermit contentpermit holderpermit holder compliancepermit holder notificationpermit holderspermit issuancepermit processpermit refusal groundspermit suspension or revocationpermit suspension/revocationpermitspilot projectsplay equipment safetyplay spacespolice investigation procedurespolice procedurepolice verificationpolice verification processpre-authorizationpre-employment disclosurepremises safetyprescription interruptionproceedings transferprofessional developmentprofessional qualifications recognitionproject assessmentprotocol publicationprovider complianceprovider standardsprovisional administrationpublic disclosurepublic financepublic fundingpublicationpublication requirementsquorumrecognitionrecognition renewalrecord retentionrecord transferrecord transmissionrecordkeepingrecordsrecovery of amount owingreferral and matching systemsrefund withholdingrefusal noticeregulationsregulatory complianceregulatory conditionsregulatory offencesregulatory publicationregulatory standardsrelated personsrelated-person testreligious neutrality in educational activitiesrepayment obligationsrepeat contraventionreportingreporting and investigationsreporting obligationsreprisalsreview application procedurereview deadlinesreview decisionssafety complianceseal tamperingself-employed workservice continuityservice coordinationservice demandservice planningservice standardsshareholdingstaff conductstaff screeningstaff suspensionstandardsstandards compliancesubsidiessubsidized childcaresubsidized childcare compliancesubsidized childcare spacessubsidized servicessubsidy administrationsubsidy agreementssubsidy assetssubsidy enforcementsubsidy fundingsubsidy misusesubsidy-related regulationsworn statementtemporary authorizationterritorial eligibilityterritorial planningtrainee presencetraining requirementstransitional provisionstribunal proceedingtrust administrationtrust fundsvolunteer supervision

Jurisdiction: Canada — Quebec
Structure: 377 provisions
Official identity: Year 2005
Dates: Enacted 2005 · Source version 10 Jun 2026

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Dates: Enacted 2005 · Source version 10 Jun 2026

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“This section states the Act’s objects: improving educational childcare services for children before school, protecting children’s health and safety, supporting children with special needs or precarious socio-economic situations, and promoting development, educational success, well-being, equality of opportunity, sustai”

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Section 1

Section 28.1

The Minister may suspend, revoke, or refuse to renew a day care centre permit when shares carrying 10% or more of the voting rights are transferred and the new shareholder meets specified conditions; the Minister must do so if the trans…

Section 28.1

Section 59.7.2

Two permit holders delivering subsidized childcare may make a written agreement for priority admission between their facilities, subject to regulations.

Section 59.7.2

Section 81.2.16

An educational childcare provider may exempt certain persons from a new investigation if they have a recent attestation and provide a sworn statement about no new criminal charge, conviction, suspension, or dismissal.

Section 81.2.16

Section 90.1

Subsidized educational childcare providers must keep admission and educational activities free from teaching a specific religious belief, dogma, or practice; the Minister may issue directives setting special terms for applying this section.

Section 90.1

Source and current-law status

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Source record from www.legisquebec.gouv.qc.ca · Enacted 2005 · Source version 10 Jun 2026

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Showing 200 of 377 provisions

Provision 167Repeal 21Offence 12

§ 1Section 1Provision

Source excerpt

This section states the Act’s objects: improving educational childcare services for children before school, protecting children’s health and safety, supporting children with special needs or precarious socio-economic situations, and promoting development, educational success, well-being, equality of opportunity, sustainable and diverse childcare supply, and parents’ ability to reconcile family, work or study responsibilities and choose a provider.

1. The object of this Act is to enhance the quality of the educational services intended for children before their admission to school so as to ensure the health and safety of the children to whom childcare services are provided, particularly those with special needs or who live in a precarious socio-economic situation, foster their development, educational success and well-being and provide them with equality of opportunity. A further object of this Act is to foster the harmonious development of an educational childcare service supply that is sustainable, that contributes to social diversity and that takes into account the needs of parents, in order to facilitate the reconciliation of their parental responsibilities with their professional or student responsibilities, as well as their right to choose the educational childcare provider. 2005, c. 47, s. 1; 2017, c. 31, s. 1; 2022, c. 9, s. 97; 2022, c. 9, s. 1; 2025, c. 17, s. 1.

Section 1Verify source

§ 2Section 2Provision

Source excerpt

Children have a right to quality personalized educational childcare services, subject to provider availability, organization, resources, and the Act’s access and subsidy rules.

2. Every child has a right to quality personalized educational childcare services from birth until the child’s admission to preschool or elementary school education or, failing that, until the first day of the school calendar of the school year, within the meaning of the Education Act (chapter I-13.3), following the that in which the child reaches six years of age. A child who ceases to attend school after being admitted also has a right to educational childcare services until the first day of the school calendar of the school year following that in which the child reaches six years of age. The above right must be exercised taking into account the availability, organization and resources of educational childcare providers. It must also be exercised having regard to the rules set out in this Act relating to access to educational childcare services, including the obligation for those providers to fill their service supply using exclusively the registrations entered in the single window for access to educational childcare services, and the rules relating to subsidies, including those concerning the allocation of subsidized childcare spaces. The implementation of that right is reinforced by the obligation imposed on the Minister to take the measures referred to in section 93.0.3 so that the educational childcare service supply in each territory meets the demand for such services. 2005, c. 47, s. 2; 2020, c. 1, s. 312; 2022, c. 9, s. 97; 2022, c. 9, s. 2.

Section 2Verify source

§ 2.1Section 2.1Provision

Source excerpt

Educational childcare centres, day care centres, and recognized home educational childcare providers contribute to the objectives of the Act; recognized home providers do so with support from coordinating offices the Act allows to be accredited.

2.1. Educational childcare centres, day care centres and recognized home educational childcare providers, with the support, in the latter’s case, of home educational childcare coordinating offices that this Act allows to be accredited, are the educational childcare providers that contribute to the fulfilment of the objectives of this Act. 2022, c. 9, s. 2.

Section 2.1Verify source

§ 2.2Section 2.2Provision

Source excerpt

Covered educational childcare providers may provide childcare only to the children listed in section 2, unless an exception in section 53.1 or 101.2.1 applies.

2.2. Educational childcare providers covered by this Act may provide childcare only to the children referred to in the first paragraph of section 2, except in a situation referred to in section 53.1 or 101.2.1. 2022, c. 9, s. 2; 2024, c. 6, s. 1.

Section 2.2Verify source

§ 3Section 3Provision

Source excerpt

This section defines when a person is treated as a parent, when persons are related, and when a person is a shareholder.

3. In this Act, unless otherwise required by the context, (1) the person who has de facto custody of a child is considered to be a parent of the child, except if the person having parental authority objects; (2) a person is related to another person if that other person is (a) subject to section 93.3, the person’s spouse or child, the child of the person’s spouse, or the person’s mother, father or parent, aunt, uncle, brother or sister or their spouse; (b) the person’s partner or the partnership in which the person is a partner; (c) a legal person controlled by the person or by a person referred to in subparagraph a; (d) a legal person in which the person, directly or indirectly, holds 10% or more of all voting rights attached to issued shares or 10% or more of all issued shares; (e) a legal person of which the person is a director or officer; or (f) a person, other than a financial institution, who directly or indirectly grants the person a security, a loan or any other economic benefit in relation to the establishment of a day care centre delivering subsidized childcare or the funding of its activities; (3) a natural person who, directly or indirectly, holds voting shares of a legal person not listed on a Canadian stock exchange is a shareholder. 2005, c. 47, s. 3; 2010, c. 39, s. 1; 2014, c. 8, s. 1; 2022, c. 22, s. 279.

Section 3Verify source

§ 4Section 4Repeal

Source excerpt

Section 4 is repealed.

4. (Repealed). 2005, c. 47, s. 4; 2022, c. 9, s. 97; 2022, c. 9, s. 3.

Section 4Verify source

§ 5Section 5Provision

Source excerpt

An educational childcare provider’s program must aim at children’s overall development, social integration, and educational success, include health-promotion and prevention elements, and take the children’s environment into account. The Government may set additional program elements or prescribe a single program for some providers and provide equivalencies.

5. In order to ensure the provision of educational childcare services, the educational program applied by an educational childcare provider must be aimed at (1) fostering children’s overall development, enabling them to develop, at their own pace, all facets of their person, particularly their emotional, social, cognitive, language, physical and motor development; (2) helping children gradually adapt to life in society and integrate a group harmoniously; and (3) fostering children’s educational success, particularly by facilitating their transition into the school system. The educational program must also include promotional and preventive elements aimed at providing an environment conducive to the acquisition of healthy lifestyle habits, healthy eating habits and behaviours that have a positive effect on the children’s health and well-being. In applying the program, educational childcare providers must take into account the children’s environment. The Government determines, by regulation, any other element or service to be included in the educational program. It may, in the same way, prescribe a single program applicable in whole or in part to the educational childcare providers it determines and provide for program equivalencies. 2005, c. 47, s. 5; 2017, c. 31, s. 2; 2022, c. 9, ss. 4 and 97.

Section 5Verify source

§ 5.1Section 5.1Provision

Source excerpt

Educational childcare providers must take part in the Minister’s quality-assessment process when requested, and later tell parents when the results are published.

5.1. Educational childcare providers must, at the Minister’s request and in the manner determined by the Minister, participate in the process to assess and improve the educational quality of childcare. The Minister determines the measurement tools to be used in this process and may require educational childcare providers and their participating staff to provide the Minister with the information and documents required and to complete a questionnaire assessing childcare quality. The Minister may designate a person or body with the required expertise in the field of early childhood to develop measurement tools and collect and process the information, documents and questionnaire. The Minister follows up on the results of the childcare educational quality assessment and improvement process with the educational childcare providers concerned. The Minister publishes the results of the childcare educational quality assessment and improvement process on the Minister’s department’s website within 60 days after they are obtained. In addition, educational childcare providers must inform the parents of the children to whom they provide childcare that those results have been published, within 30 days after receipt of a notice to that effect from the Minister. 2017, c. 31, s. 3; 2022, c. 9, s. 97; 2022, c. 9, s. 5; 2025, c. 17, s. 2.

Section 5.1Verify source

§ 5.1.1Section 5.1.1Provision

Source excerpt

The Minister may delegate all or part of a responsibility under section 5.1 to a home educational childcare coordinating office.

5.1.1. The Minister may entrust all or part of any responsibility assigned to the Minister under section 5.1 to a home educational childcare coordinating office. 2025, c. 17, s. 3.

Section 5.1.1Verify source

§ 5.2Section 5.2Provision

Source excerpt

Educational childcare providers must protect children’s health, safety, and well-being, and must not use degrading, abusive, humiliating, threatening, or disparaging treatment.

5.2. Educational childcare providers must ensure the health, safety and well-being of the children to whom they provide childcare. Among other things, educational childcare providers may not apply degrading or abusive measures, use exaggerated punishment, denigration or threats, or employ abusive or disparaging language that could humiliate or frighten a child or undermine the child’s dignity or self-esteem. Nor may they tolerate such behaviour from their employees. 2017, c. 31, s. 3; 2022, c. 9, s. 97.

Section 5.2Verify source

§ 5.3Section 5.3Provision

Source excerpt

A staff member of an educational childcare provider must not compromise children’s health, safety, or well-being, including by abusive or degrading conduct.

5.3. A staff member of an educational childcare provider may not compromise, by an act or omission, the health, safety or well-being of the children to whom childcare is provided. Among other things, a staff member may not apply degrading or abusive measures, use exaggerated punishment, denigration or threats, or employ abusive or disparaging language that could humiliate or frighten a child or undermine the child’s dignity or self-esteem. 2024, c. 6, s. 2.

Section 5.3Verify source

§ 6Section 6Provision

Source excerpt

A person generally cannot provide or offer childcare for a child covered by section 2 in exchange for a contribution unless they hold the required permit or are a recognized home educational childcare provider.

6. No person may, personally or through another, provide or offer to provide childcare services to a child referred to in the first paragraph of section 2, in return for a contribution, unless the person holds a childcare centre or day care centre permit or is a home educational childcare provider recognized by an accredited home educational childcare coordinating office. The prohibition set out in the first paragraph does not apply to (1) natural persons who are own-account workers and who, in a private residence where childcare is not already being provided, (a) look after up to two children; or (b) look after only children who ordinarily live together; (2) day camp or vacation camp operators; (3) non-profit community organizations that, incidentally to their mission, provide occasional childcare in situations other than those referred to in subparagraph 4; (4) non-profit legal persons that provide, in an educational institution or, within the scope of an agreement entered into with the institution, near such an institution, occasional childcare exclusively to children of students attending that institution while the latter are pursuing their studies and where the latter can make themselves available if needed; or (5) persons who provide occasional childcare to children whose parents are on site and can be reached if needed at one of the following locations: (a) a facility of a health and social services institution; (b) a commercial establishment; (c) a fair, an exhibition or a place where a one-time event is held; and (d) a place where a deliberative assembly is held. 2005, c. 47, s. 6; 2010, c. 39, s. 2; 2017, c. 31, s. 4; 2022, c. 9, s. 97; 2022, c. 9, s. 6; 2024, c. 6, s. 3; 2023, c. 34, s. 1290.

Section 6Verify source

§ 6.0.1Section 6.0.1Provision

Source excerpt

6.0.1. For the purposes of the first paragraph of section 6, childcare services offered or provided to a child as a benefit to a parent as an employee or client or as a person attending or frequenting an institution or establishment are deemed to be offered or provided in return for a contribution, even if no monetary consideration is required for those services. 2022, c. 9, s. 7.

Section 6.0.1Verify source

§ 6.1Section 6.1Offence

Source excerpt

6.1. Section 6 does not apply to a natural person who (1) is an own-account worker; (2) provides childcare in a private residence where such childcare is not already being provided; (3) provides childcare to up to six children of whom not more than two are under the age of 18 months, including the person’s own children under nine years of age and any other children under nine who ordinarily live with the person and are present while the childcare is provided; (4) holds an attestation issued by a police force or the Minister for himself or herself and for each person of full age living in the residence, establishing that none of them has an impediment; (5) holds a certificate attesting that he or she has successfully completed a first aid course determined by government regulation; (6) is covered by a civil liability insurance policy whose amount and coverage are determined by government regulation; (7) notifies the parent using his or her services in writing that, as regards childcare services, he or she is subject only to the conditions provided for in this section, that he or she offers unrecognized home childcare, that he or she is not subject to monitoring by a home educational childcare coordinating office and that the quality of his or her childcare service is not assessed by the Minister; and (8) has not been convicted of an offence under section 6.2, or more than two years have elapsed since the conviction. For the purposes of subparagraph 4 of the first paragraph, the Government determines, by regulation, the terms and conditions a person must fulfil to obtain an attestation establishing that no impediment exists. The notice provided for in subparagraph 7 of the first paragraph, in the form prescribed by the Minister, must be signed by the parent and kept by the person offering the childcare for as long as the child receives the services. The notice must also contain any other element provided for by government regulation. 2017, c. 31, s. 5; 2022, c. 9, s. 97; 2024, c. 6, s. 57.

Section 6.1Verify source

§ 6.2Section 6.2Provision

Source excerpt

A person referred to in section 6.1 must not use degrading or abusive measures, threats, or disparaging language toward a child in their childcare.

6.2. The person referred to in section 6.1 may not apply degrading or abusive measures, use exaggerated punishment, denigration or threats, or employ abusive or disparaging language that could humiliate or frighten a child to whom he or she provides childcare or undermine the child’s dignity or self-esteem. 2017, c. 31, s. 5.

Section 6.2Verify source

§ 7Section 7Provision

Source excerpt

The Minister may issue a childcare centre permit to a non-profit legal person or cooperative only if its board meets specified composition rules. The Government may also make rules about board elections, operations, and internal by-laws.

7. The Minister may issue a childcare centre permit to a non-profit legal person or a cooperative whose board of directors is as follows: (1) it is made up of at least seven members; (2) at least two thirds of its members are parents who are clients or future clients of the childcare centre; (3) at least one of its members is from the business sector or the institutional, social, education or community sector; (4) no more than two of its members are staff members of the centre; and (5) none of its members is related to another. No board member referred to in subparagraph 2 or 3 may be a staff member of the centre or a person related to a staff member of the centre. The prohibition concerning related persons does not apply to an Aboriginal board of directors formed for the establishment or operation of a centre on Aboriginal territory. The Government may make rules concerning the election of the members of the board of directors, its operation and the content of its internal by-laws. 2005, c. 47, s. 7.

Section 7Verify source

§ 8Section 8Provision

Source excerpt

An applicant for a childcare centre permit must meet several conditions, including providing educational childcare, ensuring children’s health and safety, limiting childcare to the specified children, not holding another permit under the Act, and paying fees and other regulatory conditions.

8. An applicant for a childcare centre permit must also (1) undertake to provide educational childcare in one or more facilities; (1.1) undertake to ensure the health, safety and well-being of the children to whom childcare is provided; (1.2) undertake to provide childcare only to children referred to in the first paragraph of section 2 and, if applicable, in section 101.2.1; (2) be granted subsidies by the Minister; (3) hold no other permit under this Act; and (4) pay the fees and meet the other conditions determined by regulation. 2005, c. 47, s. 8; 2009, c. 36, s. 73; 2010, c. 39, s. 3; 2022, c. 9, s. 9; 2024, c. 6, s. 4.

Section 8Verify source

§ 9Section 9Repeal

Source excerpt

Section 9 is repealed.

9. (Repealed). 2005, c. 47, s. 9; 2009, c. 36, s. 74.

Section 9Verify source

§ 10Section 10Provision

Source excerpt

The Minister may refuse to issue a childcare centre permit in certain circumstances, and must not issue one to a private education institution. There is also a limited exception allowing a permit to a non-profit organization for a Government–Mohawk community agreement if the section 7 governance condition is met.

10. The Minister may, except in the case of a project selected under section 93.0.1, refuse to issue a childcare centre permit given the subsidies available or the relevance of subsidizing a permit applicant for the proposed territory or if the educational childcare service supply necessary to meet the demand for such services, determined under section 11.2, is achieved in the proposed territory. No childcare centre permit may be issued to a private education institution within the meaning of the Act respecting private education (chapter E-9.1). In order to provide for the implementation of an agreement between the Government and a Mohawk community, the Minister may issue a childcare centre permit to a non-profit organization that does not meet the requirements of section 7, on the condition that the organization is governed as provided for in that section. 2005, c. 47, s. 10; 2022, c. 9, s. 10.

Section 10Verify source

§ 11Section 11Provision

Source excerpt

The Minister may issue a day care centre permit to a person if several listed conditions are met, but not to a school service centre, a school board, or a municipality.

11. The Minister may issue a day care centre permit to a person provided (1) the person undertakes to provide educational childcare to children in a single facility; (1.1) undertakes to ensure the health, safety and well-being of the children to whom childcare is provided; (1.1.1) the person undertakes to provide childcare only to children referred to in the first paragraph of section 2 and, if applicable, in section 101.2.1; (1.2) the person shows the feasibility, relevance and quality of his or her project to the Minister’s satisfaction; (2) the person meets the other conditions prescribed by regulation; and (3) the person pays the fees determined by regulation. A permit applicant is deemed to meet the condition set out in subparagraph 1.2 of the first paragraph if the Minister, in allocating new subsidized childcare spaces under section 93.0.1, granted the applicant such spaces. The same is true of a permit applicant who acquires the assets of a permit holder, provided the applicant continues to provide childcare in accordance with the same conditions as those stated on the permit holder’s permit under paragraphs 2 and 3 of section 12, and of a permit applicant or permit holder who has obtained the authorization referred to in section 16.1 to maintain the provision of childcare services to children who would otherwise not have any. However, the Minister may not issue a day care centre permit to a school service centre, a school board or a municipality. For the purposes of this section, a Native band council is considered a legal person. 2005, c. 47, s. 11; 2009, c. 36, s. 75; 2017, c. 31, s. 6; 2020, c. 1, s. 309; 2022, c. 9, s. 11; 2024, c. 6, s. 5.

Section 11Verify source

§ 11.1Section 11.1Provision

Source excerpt

The Minister must consider specified criteria when assessing an application, including feasibility, relevance, and quality.

11.1. In assessing the criteria set out in subparagraph 1.2 of the first paragraph of section 11, the Minister considers, in particular, (1) as regards feasibility: the applicant’s ability to complete his or her project according to realistic funding and deadlines; (2) as regards relevance: whether the project meets the necessary educational childcare service supply determined under section 11.2 in the territory where the applicant wishes to set up operations; and (3) as regards quality: the correlation between the childcare services offered and the means used to carry out the project, the choice of the facility’s location and the means implemented to ensure sound, efficient management of the day care centre’s human, material, financial and information resources. If the application concerns a Native community, the Minister consults that community only. 2017, c. 31, s. 7; 2022, c. 9, s. 12.

Section 11.1Verify source

§ 11.2Section 11.2Provision

Source excerpt

The Minister must assess educational childcare service needs across Québec at least yearly, consult the relevant regional advisory committee, consider specified factors, publish the information and opinions, and may adjust development priorities.

11.2. The Minister assesses, at least once a year and for all of Québec, the educational childcare service needs in each territory the Minister determines, and identifies, if necessary, the priorities for developing such services. For those purposes, the Minister considers, among other factors, the permits already issued, the permit applications and other applications for authorization under section 21 or section 21.1 awaiting a decision, demographic variations, the recognitions granted to home educational childcare providers, the registrations entered in the single window for access to educational childcare services, and how well childcare service needs are already being met. Subsequently, the Minister consults the regional advisory committee established under section 103.5 that is responsible for the territory concerned. The Minister requests, within the time determined by the Minister, the opinion of the committee on the assessment of needs and on the development priorities identified under the first paragraph. The committee may then recommend that the Minister consider certain elements, specific to that territory, with respect to the childcare service needs, the development priorities, the allocation of subsidized childcare spaces or the issue of a day care centre permit. At the conclusion of that exercise, the Minister determines, for each territory, the educational childcare service supply necessary to meet the demand for such services. The Minister then establishes whether the supply meets the demand and makes a projection of those findings for any period determined by the Minister. The Minister may also adjust the development priorities the Minister has identified. The Minister publishes on the Minister’s department’s website, for the benefit of permit applicants and permit holders, the necessary information on the educational childcare service needs and priorities for developing such services specific to each territory and makes public his or her assessment, the determination made under the fourth paragraph and the opinions and recommendations given by the committees under this section. When the Minister assesses the childcare service needs and establishes the priorities for developing such services within an Aboriginal community, the Minister consults only the community concerned or, if applicable, the person or body designated by the community to represent it in such matters. For the purposes of this section, the territories are determined by the Minister in such a way as to ensure, for all of Québec, optimal measurement of educational childcare service needs. The Minister publishes, on the Minister’s department’s website, his or her method for determining territories as well as the territories determined, which must be of at least the same size as the territories of the home educational childcare coordinating offices. 2017, c. 31, s. 7; 2022, c. 9, s. 13.

Section 11.2Verify source

§ 11.3Section 11.3Provision

Source excerpt

Each year, the Minister must consult the Minister of Education, Recreation and Sports to help keep educational childcare services and preschool educational services consistent when both are meant for children who may use either service.

11.3. Each year, the Minister consults the Minister of Education, Recreation and Sports to ensure consistency between the development of educational childcare services and preschool educational services where those services are intended for children who may use either type of services. 2022, c. 9, s. 14.

Section 11.3Verify source

§ 11.4Section 11.4Provision

Source excerpt

The Minister must refuse a childcare centre permit or day care centre permit when the specified nearby premises condition is met.

11.4. The Minister refuses to issue a childcare centre permit or day care centre permit if premises referred to in an authorization granted under section 667.8 of the Act respecting the governance of the health and social services system (chapter G-1.021) would be located in the neighbourhood, within the meaning of the third paragraph of that section, of the facility referred to in the application for the issue of a childcare centre or day care centre permit. Section 104 does not apply to a decision made under the first paragraph. 2025, c. 34, s. 12.

Section 11.4Verify source

§ 12Section 12Provision

Source excerpt

A permit must list the permit holder’s name and address, each childcare facility’s address, maximum child numbers, and any subsidized childcare spaces.

12. A permit must state (1) the name and address of the permit holder; (2) the address of each of the facilities where childcare is provided; (3) the maximum number of children in each of the facilities; (4) the maximum number of children per age class or per age class group in each of the facilities; and (5) the number of subsidized childcare spaces, if any. 2005, c. 47, s. 12; 2009, c. 36, s. 76; 2022, c. 9, s. 15.

Section 12Verify source

§ 13Section 13Provision

Source excerpt

A permit holder may not exceed the permit’s child limits or provide childcare beyond 48 consecutive hours.

13. A permit holder may not provide childcare in a facility to more children than the number stated on the permit or provide childcare to children for periods exceeding 48 consecutive hours. A permit holder may not provide childcare to children in age classes other than those stated on the permit or to more children in each age class or age class group than the number stated on the permit. 2005, c. 47, s. 13.

Section 13Verify source

§ 13.1Section 13.1Provision

Source excerpt

Permit holders may temporarily exceed the permit’s child-number limit when childcare is provided to two groups successively in the same facility and arrivals and departures overlap, subject to government-regulated cases, conditions, and duration.

13.1. Despite section 13, permit holders may, when providing childcare to two groups of children successively in the same facility, provide childcare to a number of children that is higher than the number stated on the permit during a period in which arrivals and departures overlap, in the cases, on the conditions and without exceeding the duration determined by government regulation. 2022, c. 9, s. 16; 2025, c. 17, s. 4.

Section 13.1Verify source

§ 14Section 14Provision

Source excerpt

A permit holder must follow the Act’s standards and may have to file a compliance certificate with the Minister if regulations require it.

14. A permit holder must comply with the standards established by this Act and, if so required by regulation, file a certificate with the Minister establishing compliance with those standards. The Government may make regulations determining the standards with respect to which a certificate is required, the form and contents of the certificate and the time when it must be filed. 2005, c. 47, s. 14.

Section 14Verify source

§ 15Section 15Provision

Source excerpt

Only a permit holder issued by the Minister may use a name containing “childcare centre” or “day care centre”.

15. Only the holder of a permit issued by the Minister may use a name that includes the term “childcare centre” or “day care centre”. 2005, c. 47, s. 15.

Section 15Verify source

§ 16Section 16Provision

Source excerpt

A permit holder must provide childcare services at the permit address, except during organized outings.

16. Childcare services must be provided by a permit holder at the address appearing on the permit, except during outings organized for the children. However, with the Minister’s authorization, childcare services may be provided elsewhere than at that address for a specified period, provided the permit holder shows (1) that childcare services cannot be provided in the facility whose address appears on the permit for reasons beyond the permit holder’s control; (2) that the situation is temporary; and (3) that the alternate facility is suitable for the children’s health and safety. 2005, c. 47, s. 16.

Section 16Verify source

§ 16.1Section 16.1Provision

Source excerpt

The Minister may temporarily authorize certain childcare permit applicants or holders to continue childcare services in specific circumstances.

16.1. The Minister may, in exceptional circumstances and temporarily, where a permit holder ceases operations in one or more facilities or is about to do so, authorize a childcare centre permit applicant or permit holder to maintain the provision of childcare services to the children who would otherwise not have any, at the address of the facility appearing on the permit of the holder ceasing operations or at any other address determined by the Minister. Where no childcare centre permit applicant or permit holder is able to ensure that services are maintained to the Minister’s satisfaction, the authorization may be granted to a day care permit applicant or permit holder. Where the Minister authorizes a permit applicant, the Minister issues a temporary permit to the applicant for the purposes of this section. 2022, c. 9, s. 17.

Section 16.1Verify source

§ 16.2Section 16.2Provision

Source excerpt

If section 16.1 applies, the Minister may let a permit holder provide childcare services under different standards, or exempt the permit holder from some standards, but not standards under section 106(1), subparagraphs 13 or 13.1.

16.2. In the cases provided for in section 16.1, the Minister may, for a specified period, authorize a permit holder to provide childcare services according to standards that depart from those established by or under this Act or may exempt the permit holder from the application of certain standards, except a standard established under subparagraph 13 or 13.1 of the first paragraph of section 106. The Minister establishes the period and applicable standards by issuing a directive. 2022, c. 9, s. 17; 2024, c. 6, s. 6.

Section 16.2Verify source

§ 16.3Section 16.3Provision

Source excerpt

The Minister must publish certain authorization and directive information on the department’s website.

16.3. The Minister makes public, on the Minister’s department’s website, the names of the permit applicants or permit holders to whom the Minister has granted an authorization under section 16.1 as well as any directive issued under section 16.2. 2022, c. 9, s. 17.

Section 16.3Verify source

§ 16.4Section 16.4Provision

Source excerpt

The Minister may authorize certain childcare permit holders to provide childcare in a temporary facility, and the Government may set the applicable conditions and exempt standards by regulation.

16.4. The Minister may, for the period the Minister determines, authorize a childcare centre permit holder and a person that already holds a day care centre permit to whom subsidized childcare spaces have been allocated and whose project involves work to construct or develop a facility to provide childcare to children in a temporary facility. Sections 18 to 20 of the Act do not apply to the temporary facility. The Government establishes, by regulation, the conditions and standards applicable in such circumstances and determines the standards from which the holder is exempt. 2022, c. 9, s. 17.

Section 16.4Verify source

§ 16.5Section 16.5Provision

Source excerpt

The Minister must not grant certain authorizations when nearby premises covered by a health-services authorization would be in the neighbourhood of the proposed facility or temporary facility, unless the application is to keep childcare services at the existing address as the holder ceases operations.

16.5. The Minister may not grant an authorization under the second paragraph of section 16, section 16.1 or section 16.4 if premises referred to in an authorization granted by the Minister of Health and Social Services under section 667.8 of the Act respecting the governance of the health and social services system (chapter G-1.021) would be located in the neighbourhood, within the meaning of the third paragraph of that section, of the facility or temporary facility covered by the application for authorization addressed to the Minister and the purpose of the latter application for authorization is not to maintain the provision of childcare services at the address of the facility appearing on the permit of the holder ceasing operations. 2025, c. 34, s. 13.

Section 16.5Verify source

§ 17Section 17Provision

Source excerpt

A permit holder must tell the Minister in writing within 15 days about a change of name or address, and—if the permit holder is a legal person—about a change of director or shareholder.

17. A permit holder must notify the Minister in writing, within 15 days, of a change of name or address and, in the case of a legal person, of a change of director or shareholder. A permit holder must provide, with respect to a new director or new shareholder, the information required by regulation. 2005, c. 47, s. 17; 2010, c. 39, s. 4.

Section 17Verify source

§ 18Section 18Provision

Source excerpt

A permit applicant must submit facility plans to the Minister for approval, and the plans must be signed and sealed by an authorized architect or other professional.

18. A permit applicant must submit to the Minister for approval the plans of any facility in which the permit applicant proposes to provide childcare services. The same applies if a permit holder is planning to alter a facility, add a new facility or relocate a facility permanently. Such plans must be signed and sealed by an architect or any other professional authorized to do so. 2005, c. 47, s. 18.

Section 18Verify source

§ 19Section 19Provision

Source excerpt

The Minister must decide on the plans within 60 days after receiving them.

19. The Minister must make a decision within 60 days after receiving the plans. The Minister may refuse to approve the plans if the proposed premises or alterations do not appear to comply with the standards established by regulation. 2005, c. 47, s. 19.

Section 19Verify source

§ 20Section 20Provision

Source excerpt

The permit holder must keep the premises and any alterations in compliance with the approved plans and the regulatory standards at all times.

20. The permit holder must ensure that the premises and alterations comply at all times with the approved plans and the standards established by regulation. 2005, c. 47, s. 20.

Section 20Verify source

§ 21Section 21Provision

Source excerpt

A childcare centre permit holder must get the Minister’s written authorization before increasing children above the permit maximum or changing the facility, adding a facility, or permanently relocating it.

21. The childcare centre permit holder must obtain the Minister’s written authorization before increasing the number of children beyond the maximum stated on the permit, altering a facility, adding a new facility or relocating a facility permanently. The Minister may, except in the case of a project selected under section 93.0.1, refuse to grant the authorization given the subsidies available and the relevance of subsidizing a permit holder for the proposed territory or if the educational childcare service supply necessary to meet the demand for such services, determined under section 11.2, is achieved in the proposed territory. 2005, c. 47, s. 21; 2022, c. 9, s. 18.

Section 21Verify source

§ 21.1Section 21.1Provision

Source excerpt

A day care centre permit holder must get the Minister’s written authorization before increasing the number of children above the permit maximum or before permanently relocating the facility to another territory.

21.1. A day care centre permit holder must obtain the Minister’s written authorization before increasing the number of children beyond the maximum stated on the permit. The same is true if the permit holder wishes to permanently relocate his or her facility to offer childcare services in another territory. The Minister grants the authorization if the Minister judges that the change requested meets the criteria set out in subparagraph 1.2 of the first paragraph of section 11, taking section 11.1 into account. 2017, c. 31, s. 8.

Section 21.1Verify source

§ 21.2Section 21.2Provision

Source excerpt

21.2. The Minister refuses to authorize the modification of a permit if the modification pertains to the address of a facility and concerns a facility that would require the Minister, under the first paragraph of section 11.4, to refuse to

Section 21.2Verify source

§ 22Section 22Provision

Source excerpt

A permit holder must display the permit in each facility where it is readily visible and accessible to the public at all times.

22. A permit holder must display the permit in each facility, in a place readily visible and accessible to the public at all times. 2005, c. 47, s. 22.

Section 22Verify source

§ 23Section 23Provision

Source excerpt

A permit is generally issued or renewed for five years, but the Minister may set a shorter period if appropriate.

23. A permit is issued or renewed for five years, or for a shorter period if the Minister considers it appropriate. If the Minister has yet to decide the application for renewal of a permit on the date of expiry, the permit remains in force until the decision is made, but for no more than 120 days. 2005, c. 47, s. 23.

Section 23Verify source

§ 24Section 24Provision

Source excerpt

The Minister may modify a permit if an element listed in section 12 has changed.

24. The Minister may modify a permit where a change is made to one of the elements listed in section 12. The requirements of sections 7, 8, 11 and 40.2 apply to the modification or renewal of a permit and those of section 21.2 apply to the modification of a permit. However, the requirement of subparagraph 1.2 of the first paragraph of section 11 does not apply to the modification or renewal of a day care centre permit, except in the cases provided for in section 21.1. 2005, c. 47, s. 24; 2017, c. 31, s. 9; 2022, c. 9, s. 20; 2025, c. 34, s. 15.

Section 24Verify source

§ 25Section 25Provision

Source excerpt

A permit cannot be transferred.

25. A permit is not transferable. 2005, c. 47, s. 25.

Section 25Verify source

§ 25.1Section 25.1Provision

Source excerpt

A permit holder must not let a legal person manage or administer the holder’s facility through a third party.

25.1. A permit holder may not entrust the administration or management of the permit holder’s facility to a third party who is a legal person. 2010, c. 39, s. 5.

Section 25.1Verify source

§ 26Section 26Offence

Source excerpt

The Minister may refuse to issue a permit if listed grounds apply.

26. The Minister may refuse to issue a permit if (1) the applicant is unable to ensure the health, safety or well-being of the children to whom the applicant proposes to provide childcare; (2) the applicant or a director or a shareholder of the applicant does not hold an attestation establishing that no impediment exists issued under Division I of Chapter VI.1; (3) (paragraph replaced); (4) the applicant or a director or a shareholder of the applicant was found guilty of an offence under section 6 in the two years preceding the application or, in the case of a second or subsequent offence, in the five years preceding the application; (5) the applicant or a director or a shareholder of the applicant held a permit that was revoked or not renewed in the five years preceding the application; (5.1) the applicant or a director or a shareholder of the applicant was found guilty of an offence under section 108.2 in the five years preceding the application; (6) the applicant made a false declaration or distorted a material fact in the application; (7) the Minister considers that a reasonable person would conclude that the applicant or a director or a shareholder of the applicant is lending their name to a person whose application for a permit would be refused. 2005, c. 47, s. 26; 2010, c. 39, s. 6; 2024, c. 6, s. 7.

Section 26Verify source

§ 27Section 27Repeal

Source excerpt

Section 27 is repealed.

27. (Repealed). 2005, c. 47, s. 27; 2024, c. 6, s. 8.

Section 27Verify source

§ 28Section 28Offence

Source excerpt

The Minister may suspend, revoke, or refuse to renew a permit for several listed compliance or conduct reasons.

28. The Minister may suspend, revoke or refuse to renew a permit if (1) the permit holder commits or authorizes, consents to or participates in the commission of an offence under this Act; (2) the permit holder no longer meets the requirements for the issue of a permit; (3) the permit holder fails to establish, with respect to themselves or to a director or a shareholder of the permit holder, that no impediment exists under Division I of Chapter VI.1; (3.1) the permit holder fails or neglects to inform the Minister that, since the last time the permit holder was issued an attestation establishing that no impediment exists, the permit holder has been charged with or found guilty of a criminal offence related to the elements referred to in the second paragraph of section 81.2.4 or that a director or shareholder of the permit holder has notified the latter that they have been so charged or found guilty; (4) the permit holder makes a false declaration or distorts a material fact in the application for the issue or renewal of a permit, in a document required by the Minister, when communicating information to the Minister or with a view to being granted a subsidy by the Minister; (4.1) the permit holder acts in such a way as to falsely suggest that the childcare services the permit holder provides are subsidized; (5) the permit holder contravenes section 5.2; (6) the permit holder ceases to operate; (7) the permit holder refuses or neglects to comply with a notice of non-compliance issued under section 65 or 74 or with an evacuation order made under section 81.0.3; (8) the permit holder refuses or neglects to pay a sum owed to the Minister; (9) the permit holder fails to establish that they, or a director or a shareholder of the permit holder are not lending their name to a person whose application for a permit would be refused; (10) the permit holder fails to show that a person who is selected for the office of chief officer of a childcare centre or day care centre or who holds that office has the integrity required to manage subsidies paid out of public funds, where the educational childcare services provided are subsidized; or (11) the permit holder provides subsidized childcare services in such a manner as to circumvent the provisions of Chapter IV.1, in particular by refusing to admit children in accordance with the social diversity objective referred to in the first paragraph of section 59.4, or offers such services in such a manner as to circumvent those provisions. The Minister may attach conditions to the suspension of a permit as well as time limits to be complied with to have the suspension lifted. In the case of a childcare centre permit, the suspension, revocation or refusal to renew the permit may concern one or more facilities indicated on the permit. 2005, c. 47, s. 28; 2017, c. 31, s. 10; 2022, c. 9, s. 21; 2024, c. 6, s. 9; 2025, c. 17, s. 5.

Section 28Verify source

§ 28.1Section 28.1Provision

Source excerpt

28.1. When shares that carry 10% or more of the voting rights in a legal person holding a day care centre permit are transferred, the Minister may suspend, revoke or refuse to renew the permit of the permit holder if the new shareholder (1) meets the description of paragraph 4, 5 or 5.1 of section 26; (2) is the holder of another day care centre permit in relation to which the Minister has cancelled or reduced the subsidy or suspended payment in whole or in part under section 97; or (3) already holds shares that carry 10% or more of the voting rights in another legal person holding a day care centre permit in relation to which the Minister has cancelled or reduced the subsidy or suspended payment in whole or in part under section 97. The Minister must suspend, revoke or refuse to renew the permit for any of the reasons set out in subparagraphs 1 to 3 of the first paragraph if a transfer of shares by the shareholder was effected through two or more transactions which resulted in the evasion of this section. 2010, c. 39, s. 7.

Section 28.1Verify source

§ 28.2Section 28.2Provision

Source excerpt

A permit is revoked by operation of law if the permit holder provides childcare services while the permit is suspended.

28.2. A permit is revoked by operation of law if the permit holder directly or indirectly provides childcare services while their permit is suspended. 2024, c. 6, s. 10.

Section 28.2Verify source

§ 29Section 29Provision

Source excerpt

The Minister must give written prior notice and at least 15 days for observations and documents before refusing, renewing, suspending, or revoking a permit, and must notify the decision with reasons in writing.

29. Before refusing to issue or to renew a permit or suspending or revoking a permit, the Minister must notify in writing the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the permit applicant or permit holder and give the applicant or holder at least 15 days to submit observations and to produce documents to complete the record. The Minister’s decision, with reasons, is notified to the applicant or holder in writing. The Minister may, however, if a decision is made in urgent circumstances or to prevent serious or irreparable injury or damage to persons, suspend a permit without having to comply with the prior obligations set out in the first paragraph. In such situations, the permit holder may, within 15 days from the suspension, submit observations and produce documents to complete the record in order to allow the Minister to review the decision. 2005, c. 47, s. 29; 2022, c. 9, s. 76; 2024, c. 6, s. 11.

Section 29Verify source

§ 30Section 30Provision

Source excerpt

A permit holder must give at least 90 days’ written notice before stopping operations in one or more facilities, notify the Minister and parents, and tell the Minister how many children of what ages are receiving childcare.

30. A permit holder must, at least 90 days before ceasing to operate in one or more facilities, notify in writing the Minister and the parents of the children attending the childcare centre or day care centre, inform the Minister of the number and age of the children receiving childcare, and comply with any other condition determined by regulation. The permit is then modified or revoked, for any facility concerned, as of the date set out in the notice. 2005, c. 47, s. 30; 2022, c. 9, s. 22.

Section 30Verify source

§ 31Section 31Provision

Source excerpt

The day care centre permit holder must form a parents committee in the facility, unless the board already has a majority of parent-clients who meet the stated requirements.

31. The day care centre permit holder must form, in the permit holder’s facility, a parents committee composed of five parents elected by and from among the parents who are clients of the centre, other than the permit holder, the members of the board of directors, the members of the staff and persons related to them. However, the permit holder is not required to form a parents committee if a majority of the board members are parents who are clients of the day care centre and meet the requirements of the first paragraph. 2005, c. 47, s. 31; 2009, c. 36, s. 77.

Section 31Verify source

§ 32Section 32Provision

Source excerpt

The permit holder must consult the parents committee about all aspects of childcare in the day care centre.

32. The permit holder must consult the parents committee on all aspects of the childcare provided in the day care centre, including (1) the application of the educational program; (2) the acquisition and use of educational materials and equipment; (3) the location or change of location of the facility; (4) the physical layout and furnishings of the facility; (5) the services provided; and (6) the processing of complaints. 2005, c. 47, s. 32.

Section 32Verify source

§ 33Section 33Provision

Source excerpt

The permit holder must notify parents by written notice and call a meeting so they can elect representatives to the parents committee.

33. The permit holder must, by means of a written notice, call a meeting of all the parents who are clients of the day care centre so that they may elect their representatives to the parents committee. The meeting must be held within three months after the issue of the permit and, subsequently, every year before 15 October. 2005, c. 47, s. 33.

Section 33Verify source

§ 34Section 34Provision

Source excerpt

The parents committee must choose a chair and secretary; the chair runs meetings and the secretary keeps minutes.

34. The parents committee chooses a chair and a secretary from among its members. The chair presides over the meetings of the committee and the secretary keeps the minutes. The permit holder must see to it that the parents committee meets at least four times a year. Three members constitute the quorum. If a vacancy occurs on the parents committee, the permit holder calls a meeting so that the vacancy may be filled. 2005, c. 47, s. 34.

Section 34Verify source

§ 35Section 35Provision

Source excerpt

The parents committee must adopt by-laws, and the Government may make regulations setting rules for how the committee operates.

35. The parents committee adopts by-laws. The Government may, by regulation, determine rules governing the operation of a parents committee. 2005, c. 47, s. 35.

Section 35Verify source

§ 36Section 36Provision

Source excerpt

The permit holder must tell all parents who are clients of the day care centre the names of the parents committee members in writing.

36. The permit holder communicates the names of the parents committee members in writing to all parents who are clients of the day care centre. 2005, c. 47, s. 36.

Section 36Verify source

§ 37Section 37Provision

Source excerpt

The permit holder must call a parents committee meeting in writing at least 10 days in advance.

37. The permit holder must call a meeting of the parents committee in writing at least ten days in advance, by a notice informing the members of the date, time and place of the meeting and the matters on the agenda. The notice is also sent to all parents. 2005, c. 47, s. 37.

Section 37Verify source

§ 38Section 38Provision

Source excerpt

The permit holder must keep all documents relating to the parents committee on the facility premises for at least five years.

38. All documents relating to the parents committee must be kept by the permit holder on the premises of the facility for at least five years. 2005, c. 47, s. 38.

Section 38Verify source

§ 39Section 39Provision

Source excerpt

A member of a parents committee is protected from prosecution for acts done in good faith while exercising committee functions.

39. A member of a parents committee may not be prosecuted for any act done in good faith in the exercise of committee functions. 2005, c. 47, s. 39.

Section 39Verify source

§ 40Section 40Provision

Source excerpt

A coordinating office must respect the self-employed-worker status of the childcare providers it recognizes and, with providers and their associations, work to improve home childcare quality and training.

40. A home educational childcare coordinating office is a childcare centre permit holder or a non-profit legal person other than a day care centre permit holder, accredited by the Minister to exercise the functions described in section 42. In exercising its functions, a coordinating office must act in a manner that is respectful of the self-employed-worker status of the home educational childcare providers it recognizes, in accordance with the directives and instructions of the Minister. It must also, in collaboration with the home educational childcare providers in its territory and the associations representing them, strive to enhance the quality of home childcare services and promote the training and professional development of home educational childcare providers. 2005, c. 47, s. 40; 2009, c. 36, s. 78; 2022, c. 9, s. 97.

Section 40Verify source

§ 40.0.1Section 40.0.1Provision

Source excerpt

The Minister must ensure the coordinating offices’ actions and practices are coherent.

40.0.1. The Minister must ensure that the actions and practices of the coordinating offices accredited by the Minister are coherent. To that end, the Minister may, by instruction, prescribe any procedure that a coordinating office must follow, any document it must use or any information it must provide. 2022, c. 9, s. 24.

Section 40.0.1Verify source

§ 40.0.2Section 40.0.2Provision

Source excerpt

40.0.2. At least once a year, the Minister must conduct or commission a study, investigation or survey involving all the persons recognized as home educational childcare providers to establish their level of satisfaction with regard to the practices of their home educational childcare coordinating office. The Minister may require the coordinating offices to participate in the assessment of their services, to provide the required information and documents and to fill out an assessment questionnaire. 2022, c. 9, s. 24.

Section 40.0.2Verify source

§ 40.1Section 40.1Provision

Source excerpt

40.1. Subject to section 40.2, to be accredited as a home educational childcare coordinating office, the legal person must have a board of directors that meets the following requirements: (1) it has at least five members; (2) the majority of members are parents who are clients of a home educational childcare provider operating in the office’s assigned territory; (3) one member is from the business sector or the institutional, social, education or community sector; (4) no more than one member is a home educational childcare provider operating in the office’s assigned territory; (5) no member is related to another member, to a staff member of the legal person or to a home educational childcare provider operating in the office’s assigned territory. The following persons may not be members or directors of the legal person: day care centre permit holders and their directors and employees and any persons related to them. The Minister may accredit as a coordinating office a legal person that meets the requirements of this section and section 43 and makes the proper application, or a legal person solicited by the Minister to assume such a role. However, if the Minister considers that no legal person under consideration in a given territory meets the requirements of this section and section 43, the Minister may accredit any other non-profit legal person. 2009, c. 36, s. 78; 2022, c. 9, s. 97.

Section 40.1Verify source

§ 40.2Section 40.2Provision

Source excerpt

If an accredited childcare centre permit holder is also a home educational childcare coordinating office, it must change its board of directors within six months to meet membership requirements.

40.2. If a childcare centre permit holder is accredited as a home educational childcare coordinating office, the permit holder must, within six months of being accredited, change the composition of the board of directors so that (1) it has at least nine members; (2) at least 2/3 of the members are parents who use the childcare provided by the childcare centre or by a home educational childcare provider that the childcare centre has recognized; (3) no more than one member is a home educational childcare provider recognized by the childcare centre. Among the members referred to in subparagraph 2 of the first paragraph, at least one must be a parent who uses the childcare provided by the childcare centre and another must be a parent who uses the home educational childcare. 2009, c. 36, s. 78; 2022, c. 9, s. 97; 2024, c. 6, s. 12.

Section 40.2Verify source

§ 41Section 41Provision

Source excerpt

Only an accredited home educational childcare coordinating office may recognize a person as a home educational childcare provider or coordinate that person’s home childcare services. Only a person holding accreditation from the Minister may use a name that includes the term “home educational childcare coordinating office.”

41. Only a home educational childcare coordinating office accredited by the Minister may recognize a person as a home educational childcare provider or coordinate the home childcare services of a person it has recognized. Only the holder of accreditation from the Minister may use a name that includes the term “home educational childcare coordinating office”. 2005, c. 47, s. 41; 2022, c. 9, s. 97.

Section 41Verify source

§ 42Section 42Provision

Source excerpt

A home educational childcare coordinating office must perform specified functions in its assigned territory, including recognition decisions, compliance oversight, subsidy administration, information services, outreach, support, and complaint handling.

42. A home educational childcare coordinating office has the following functions in the territory assigned to it, in compliance with the instructions given by the Minister under the second paragraph of section 40.0.1: (0.1) to carry out any responsibility entrusted to it by the Minister under section 5.1.1; (1) to grant, renew, suspend or revoke the recognition of home educational childcare providers, according to the cases and conditions determined by law; (2) to ensure that the home educational childcare providers it has recognized comply with the standards that apply to them by law; (3) to distribute subsidized childcare spaces among recognized home educational childcare providers according to the childcare needs of parents and the instructions of the Minister; (4) to determine, according to the cases and conditions determined by regulation, a parent’s eligibility for payment of the contribution set by the Government under section 82; (5) to administer, according to the Minister’s instructions, the granting, payment, maintenance, suspension, reduction, withdrawal or recovery of subsidies to recognized home educational childcare providers or of subsidies referred to in the third paragraph of section 96, and see to the signing and management of agreements proposed by the Minister and to the management of the documents and information necessary for the administration of subsidies; (6) to make information about home childcare services available to parents; (6.1) to conduct prospecting in the territory assigned to it in order to find and guide persons who could be interested in becoming home educational childcare providers; (6.2) to promote home childcare as a method of providing educational childcare services; (7) to provide technical and pedagogical support on request; and (8) to deal with complaints concerning recognized home educational childcare providers. 2005, c. 47, s. 42; 2009, c. 36, s. 79; 2022, c. 9, ss. 25 and 97; 2025, c. 17, s. 6.

Section 42Verify source

§ 42.0.1Section 42.0.1Provision

Source excerpt

A coordinating office may order children evacuated from all or part of a residence if it reasonably believes their health, safety, or well-being is seriously compromised, especially where the residence poses an imminent danger.

42.0.1. If a home educational childcare coordinating office has reasonable grounds to believe that the health, safety or well-being of children receiving childcare from a home educational childcare provider in a residence is or could be seriously compromised, in particular if the coordinating office considers that the state of the residence or part of the residence constitutes an imminent danger for the children, the coordinating office may, in addition to any other measure that may be taken by the coordinating office or by the Minister and after having notified the parents, order the evacuation of the children receiving childcare from all or part of the residence. A coordinating office that orders such an evacuation notifies it in writing to the home educational childcare provider who may, within 15 days from the notification, submit observations and produce documents to complete their record in order to allow the coordinating office to review the evacuation order. If the evacuation is ordered for the whole residence, the recognition of the home educational childcare provider is suspended by operation of law. 2024, c. 6, s. 13.

Section 42.0.1Verify source

§ 42.1Section 42.1Provision

Source excerpt

A coordinating office and its directors and employees may not be prosecuted for acts or omissions done in good faith while exercising their functions.

42.1. A coordinating office and its directors and employees may not be prosecuted for an act or omission in good faith in the exercise of their functions. 2009, c. 36, s. 79.

Section 42.1Verify source

§ 43Section 43Provision

Source excerpt

When granting accreditation, the Minister must consider listed criteria and may attach conditions to the accreditation.

43. In granting accreditation, the Minister is to consider, among other things, the following criteria: (1) its objectives and priorities, the integrity and quality of its organization, its ability to coordinate home childcare in accordance with the geographical and cultural context, and its viability; (2) its contribution to childcare services in terms of enrichment, complementarity and diversity; (3) its resources; (4) its presence in the territory defined by the Minister and its ability to collaborate with existing institutional, social, educational and community bodies; and (5) the participation of parents, the users of the services it coordinates, in its activities. The Minister may make accreditation subject to conditions determined by the Minister. 2005, c. 47, s. 43; 2009, c. 36, s. 80.

Section 43Verify source

§ 44Section 44Provision

Source excerpt

44. The accreditation determines the number of subsidized childcare spaces to be distributed by the coordinating office in the territory assigned to it. 2005, c. 47, s. 44.

Section 44Verify source

§ 45Section 45Provision

Source excerpt

Accreditation is granted or renewed for five years, or for a shorter period if the Minister considers it appropriate.

45. Accreditation is granted or renewed for five years, or for a shorter period if the Minister considers it appropriate. 2005, c. 47, s. 45; 2009, c. 36, s. 81; 2022, c. 9, s. 26.

Section 45Verify source

§ 46Section 46Provision

Source excerpt

The Minister must publish and keep updated a list of accredited coordinating offices on the department’s website.

46. The Minister must publish and keep up to date, on the Minister’s department’s website, a list of all the accredited coordinating offices, indicating, for each office, the territory assigned to it and the term of the accreditation granted to it or renewed. 2005, c. 47, s. 46; 2022, c. 9, s. 27.

Section 46Verify source

§ 47Section 47Provision

Source excerpt

The Minister may modify an accreditation at a coordinating office’s request, and may also do so on the Minister’s own initiative during the accreditation term.

47. The Minister may, at the request of a coordinating office, modify its accreditation according to the criteria set out in section 43. The Minister may also, on the Minister’s initiative, during the term of an accreditation, modify the accreditation to increase or decrease the number of spaces determined under section 44. In the case of a decrease, the terms set out in section 93.0.7 apply. 2005, c. 47, s. 47; 2022, c. 9, s. 28.

Section 47Verify source

§ 48Section 48Provision

Source excerpt

A coordinating office must get the Minister’s authorization before changing its head office address, disposing of or transferring a significant subsidy-funded operating asset, or changing its organization.

48. A coordinating office must obtain the Minister’s authorization before changing the address of its head office, disposing of or transferring a significant asset that is necessary for its operations and was acquired by means of a subsidy, or making a change in its organization. 2005, c. 47, s. 48.

Section 48Verify source

§ 49Section 49Provision

Source excerpt

The Minister may revoke an accreditation in listed circumstances, and usually must give the accredited party written notice and at least 15 days to respond before revocation.

49. The Minister may revoke an accreditation in the following circumstances: (1) the accredited party requests revocation of the accreditation; (2) the accreditation was granted on the basis of false or misleading information; (3) the accredited party does not comply with the conditions determined by law, the terms of its accreditation or an instruction or directive given by the Minister; (4) the Minister judges that a change in the accredited party’s circumstances makes revocation necessary given the criteria considered in granting the accreditation; or (5) the accredited party acts contrary to the rules of sound management applicable to an organization receiving subsidies out of public funds, or there has been malfeasance or breach of trust. Unless the revocation is at the accredited party’s request, the Minister must notify the accredited party in writing and give the accredited party at least 15 days to submit observations. 2005, c. 47, s. 49; 2009, c. 36, s. 82; 2022, c. 9, s. 76.

Section 49Verify source

§ 50Section 50Provision

Source excerpt

The Minister must communicate the decision, with reasons, in writing.

50. The Minister’s decision, with reasons, is communicated in writing. 2005, c. 47, s. 50.

Section 50Verify source

§ 51Section 51Provision

Source excerpt

If an accreditation is revoked, the Minister takes over coordination of services for the affected home educational childcare providers until a new coordinating office is accredited.

51. When an accreditation is revoked, the Minister assumes the coordination of services provided by the home educational childcare providers recognized by the former coordinating office, until a new coordinating office is accredited for the territory concerned. As of that time, the home educational childcare providers are deemed to have been recognized by the new coordinating office. 2005, c. 47, s. 51; 2022, c. 9, s. 97.

Section 51Verify source

§ 51.1Section 51.1Provision

Source excerpt

A coordinating office must give written notice to the Minister and recognized home educational childcare providers at least 90 days before ceasing to operate, comply with any other regulatory condition, and send specified register and records to the Minister on request.

51.1. A coordinating office must, at least 90 days before ceasing to operate, notify in writing the Minister and the home educational childcare providers recognized by it and comply with any other condition determined by regulation. It must send a copy of the register referred to in section 59 to the Minister with that notice. It must also, within 10 days of the Minister’s request, send the records it has established under this Act or the regulations as well as any modification made to the register referred to in the second paragraph to the Minister or to any person designated by the Minister. The second and third paragraphs apply, with the necessary modifications, to a coordinating office whose accreditation is not renewed or is revoked by the Minister. 2022, c. 9, s. 29.

Section 51.1Verify source

§ 52Section 52Provision

Source excerpt

52. A natural person who is an own-account self-employed worker who contracts with parents to provide childcare in a private residence, in return for payment, (1) to up to six children of whom not more than two are under the age of 18 months, or (2) to up to six children of whom not more than four are under the age of 18 months, if the person is assisted by another adult, may be recognized as a home educational childcare provider by a coordinating office, according to the terms and conditions determined by regulation. 2005, c. 47, s. 52; 2009, c. 36, s. 83; 2021, c. 15, s. 98; 2022, c. 9, s. 97.

Section 52Verify source

§ 53Section 53Provision

Source excerpt

A qualifying self-employed childcare provider must be recognized by a coordinating office, must have another adult helping, and may not care for more than four children under 18 months.

53. A natural person, other than a day care centre permit holder, who is an own-account self-employed worker who contracts with parents to provide childcare in a private residence, in return for payment, to at least seven but no more than nine children must be recognized as a home educational childcare provider by a coordinating office in the manner determined by regulation and must be assisted by another adult. The person may not provide childcare to more than four children under the age of 18 months. 2005, c. 47, s. 53; 2009, c. 36, s. 84; 2021, c. 15, s. 99; 2022, c. 9, s. 97.

Section 53Verify source

§ 53.1Section 53.1Provision

Source excerpt

This section says which children are counted when calculating how many children a home educational childcare provider and assistant may care for, and when the provider’s and assistant’s own children and grandchildren are excluded from that count.

53.1. If present while childcare is being provided, children under nine years of age who are the home educational childcare provider’s own children, children of the provider’s assistant, if applicable, as well as children under nine years of age who ordinarily live with the provider or with the assistant are included, for the purpose of the calculation of the number of children to whom the provider and assistant may provide childcare under sections 52 and 53. The same applies with respect to their grandchildren. However, the children and grandchildren of the persons referred to in the first paragraph are not included for the purpose of that calculation if the children are present in the following circumstances: (1) the child is present only outside school hours, on days on which the child receives preschool education services or elementary school instructional services provided for by the Education Act (chapter I-13.3); or (2) the child participates, in a place other than in the residence, in an activity beginning in the morning and continuing in the afternoon and is present only outside the hours of that activity. For the purposes of this section, “grandchild” means the home educational childcare provider’s own grandchild or their assistant’s grandchild, the grandchild of a person ordinarily living with the provider or with the assistant as well as the child of a person who ordinarily lives with their child in a place other than the residence where the childcare services are provided. 2021, c. 15, s. 100; 2022, c. 9, s. 97; 2024, c. 6, s. 14.

Section 53.1Verify source

§ 54Section 54Provision

Source excerpt

A recognized home educational childcare provider must act in accordance with the law, protect children’s health, safety, and well-being, and follow the law when taking on an adult assistant.

54. A recognized home educational childcare provider makes a commitment toward parents to provide educational childcare services to their children in accordance with the law and to manage his or her business in such a way as to ensure the children’s health, safety and well-being. A recognized home educational childcare provider who by obligation or choice takes on an adult as an assistant must do so in accordance with the law. 2005, c. 47, s. 54; 2009, c. 36, s. 85; 2022, c. 9, s. 97.

Section 54Verify source

§ 55Section 55Provision

Source excerpt

Recognition of a home educational childcare provider lasts for five years and may then be renewed, suspended, or revoked under regulatory conditions.

55. Recognition of a home educational childcare provider is granted for a five-year period, and may be renewed, suspended or revoked under the circumstances and conditions determined by regulation. 2005, c. 47, s. 55; 2022, c. 9, ss. 33 and 97.

Section 55Verify source

§ 56Section 56Repeal

Source excerpt

Section 56 is repealed.

56. (Repealed). 2005, c. 47, s. 56; 2009, c. 36, s. 86.

Section 56Verify source

§ 57Section 57Provision

Source excerpt

Subsidized educational childcare providers and coordinating offices must keep and preserve certain books, accounts, and registers in the manner the Minister prescribes.

57. Educational childcare providers and coordinating offices that receive subsidies must keep and preserve the books, accounts and registers required by the Minister, in the manner the Minister prescribes. 2005, c. 47, s. 57; 2022, c. 9, s. 97.

Section 57Verify source

§ 57.1Section 57.1Provision

Source excerpt

Educational childcare providers must keep an education record for each child, and the record generally cannot be shared with third parties without the parent’s consent.

57.1. Educational childcare providers must keep an education record for each child to whom they provide childcare. Among other things, education records include information concerning the child’s development, information allowing better early detection of any difficulties the child may encounter and information facilitating the child’s transition into the school system. No information contained in the record may be communicated to a third party without the consent of the parent of the child concerned, except in the case of a home educational childcare coordinating office acting within the scope of its functions or an inspector authorized under section 72. The record is given to the parent when the childcare services are no longer required. The Government determines, by regulation, the elements comprising the education record, the medium to be used and the standards for keeping, using, storing, reproducing and communicating the information it contains. 2017, c. 31, s. 11; 2022, c. 9, ss. 34 and 97.

Section 57.1Verify source

§ 58Section 58Provision

Source excerpt

Educational childcare providers must keep and preserve a registration card and an attendance card for each child they provide childcare to, in accordance with the regulations.

58. Educational childcare providers must keep and preserve, in accordance with the regulations, a registration card and an attendance card for each child to whom they provide childcare. 2005, c. 47, s. 58; 2022, c. 9, s. 97.

Section 58Verify source

§ 59Section 59Provision

Source excerpt

A coordinating office must keep and update a register of recognized home educational childcare providers and provide copies to the Minister.

59. A coordinating office must keep a register of the recognized home educational childcare providers in its territory and send a copy to the Minister. The register must contain the name, social insurance number and contact information of each recognized home educational childcare provider along with, in each case, the date of recognition, the number of children to whom childcare is to be provided and the number of subsidized childcare spaces assigned. The coordinating office must inform the Minister without delay of any changes in the information in the register, as they occur. The Minister may, at any time, require a coordinating office to send an up-to-date copy of the register. 2005, c. 47, s. 59; 2009, c. 36, s. 87; 2015, c. 8, s. 160; 2022, c. 9, s. 97.

Section 59Verify source

§ 59.1Section 59.1Provision

Source excerpt

The Minister must establish and administer a single window for access to educational childcare services.

59.1. The Minister establishes and administers a single window for access to educational childcare services. 2017, c. 31, s. 12; 2022, c. 9, s. 97; 2022, c. 9, s. 35; 2025, c. 17, s. 7.

Section 59.1Verify source

§ 59.2Section 59.2Provision

Source excerpt

All educational childcare providers must register with the single window.

59.2. All educational childcare providers must register with the single window according to the terms and conditions determined by government regulation. 2017, c. 31, s. 12; 2022, c. 9, s. 97; 2022, c. 9, s. 35.

Section 59.2Verify source

§ 59.3Section 59.3Provision

Source excerpt

Educational childcare providers serving an Aboriginal community are not required to register with the single window and are exempt from certain sections.

59.3. Despite section 59.2, educational childcare providers that provide services within an Aboriginal community are not required to register with the single window and are exempt from the application of sections 59.4, 59.6, 59.7 to 59.7.2, 59.9, 59.10 and 59.12. 2022, c. 9, s. 35; 2025, c. 17, s. 8.

Section 59.3Verify source

§ 59.4Section 59.4Provision

Source excerpt

This section says the Government must regulate the single-window childcare referral system and those rules must facilitate access for children with special needs.

59.4. The single window is a referral and matching tool intended to ensure an educational childcare service supply that meets the needs of parents and promotes equality of opportunity for children and social diversity, while complying with admission requirements, criteria and priorities and the rank or ranks assigned to a child under this chapter. Any rank assigned to a child may relate to a determined territory, an educational childcare provider or a category of educational childcare providers, or to a combination of those factors. In addition, depending on the admission requirements, criteria and priorities that may be determined under this chapter, and on the type of childcare services required, the rank assigned to a child is likely to vary and may be expressed in numbers, letters or categories. The Government determines, by regulation, the terms and conditions for registering a child with the single window and for assigning one or more ranks to the child, as well as those for selecting, matching and referring a child registered with the single window. The Government also determines, by regulation, the requirements and criteria governing the admission of children by an educational childcare provider or category of educational childcare providers. In addition, the Government determines, by regulation, the conditions and terms according to which a permit holder delivering subsidized childcare may admit children on the basis of the admission priorities set out in section 59.7, and may complement those priorities in order to facilitate the organization of services in keeping with this Act. The regulation must facilitate access to educational childcare services for children with special needs. The Government may also determine, by regulation, the information and documents that must be provided to the Minister by the educational childcare providers or the parents, in particular with regard to children’s admission, exclusion or attendance, or to the cessation of their attendance. 2022, c. 9, s. 35; 2025, c. 17, s. 9.

Section 59.4Verify source

§ 59.5Section 59.5Provision

Source excerpt

A child must be registered with the single window to receive educational childcare services, unless the provider is one referred to in section 59.3.

59.5. For a child to receive educational childcare services provided by an educational childcare provider, other than a provider referred to in section 59.3, the child must be registered with the single window according to the terms and conditions determined by regulation. 2022, c. 9, s. 35.

Section 59.5Verify source

§ 59.6Section 59.6Provision

Source excerpt

Educational childcare providers may not admit a child unless the child is already registered with the single window.

59.6. Educational childcare providers may not admit a child to their facility or to a home childcare service if the child is not already registered with the single window. 2022, c. 9, s. 35.

Section 59.6Verify source

§ 59.7Section 59.7Provision

Source excerpt

A permit holder delivering subsidized childcare may give admission priority to children in certain listed situations, if regulatory conditions are met.

59.7. A permit holder delivering subsidized childcare may, on the conditions and according to the terms determined by regulation, give admission priority to children whose situation corresponds to one of the following situations: (1) children with special needs; (2) children living in a precarious socio-economic situation, as defined by regulation; (3) children one of whose parents is registered in an educational institution in order to complete a program of study or a training program leading to a diploma, certificate or other attestation of studies issued under an Act applicable in Québec, or one of whose parents is registered for the same purpose in a given educational institution with which the permit holder has entered into a written agreement to give priority to the admission of such children to the permit holder’s facility in exchange for consideration; (4) children one of whose parents is employed by a given employer, other than an educational childcare provider, with which the permit holder has entered into a written agreement to give priority to the admission of such children to the permit holder’s facility in exchange for consideration; (5) children one of whose parents resides in the territory of a local municipality, or of a borough of that municipality, with which the permit holder has entered into a written agreement to give priority to the admission of such children to the permit holder’s facility in exchange for consideration; or (6) Aboriginal children or children one of whose parents is Aboriginal. The admission priority referred to in subparagraph 1 of the first paragraph requires, in particular, the intervention of a health professional. In addition, if the permit holder so chooses, admission priority may be limited to children referred by an organization that acts in such a way as to anticipate the measures that could be required to facilitate the integration of such children into a facility of a permit holder, or to children with a specific disability. The admission priority referred to in subparagraph 6 of the first paragraph requires the permit holder to have previously confirmed to the Minister that the permit holder plans to admit such children in a proportion that is consistent with consideration of their particular characteristics. 2022, c. 9, s. 35; 2025, c. 17, s. 10.

Section 59.7Verify source

§ 59.7.1Section 59.7.1Provision

Source excerpt

A permit holder’s number of newly admitted children under this rule must not exceed half of the total number admitted in the period, and the Minister may, on request, exempt the permit holder from counting certain priority children. The permit holder must also provide requested information and documents for an application or renewal assessment.

59.7.1. The number of children newly admitted during a fiscal year within the meaning of section 60 on the basis of any of the situations referred to in section 59.7 must not exceed half of the total number of children admitted by a permit holder delivering subsidized childcare during that period. For the purposes of that calculation, a child is considered as having been admitted regardless of the duration or period of childcare for which the child is admitted. For the purposes of the calculation provided for in the first paragraph, the Minister may, at the request of a permit holder, exempt the permit holder from considering the children who have been given priority in the following cases: (1) children referred to in subparagraph 1 of the first paragraph of section 59.7 for whom the Minister considers that the permit holder has particular resources; (2) children referred to in subparagraph 4 of the first paragraph of section 59.7 and where the Minister considers that the facility where childcare is provided cannot, for safety reasons, be accessed by a parent whose child’s situation does not correspond to the situation referred to in that subparagraph; and (3) children referred to in subparagraph 6 of the first paragraph of section 59.7. An exemption granted under the second paragraph applies from the date and for the period indicated by the Minister. At the Minister’s request, the permit holder must provide the information and documents required for the assessment of the permit holder’s application or for its renewal. 2025, c. 17, s. 10.

Section 59.7.1Verify source

§ 59.7.2Section 59.7.2Provision

Source excerpt

Two permit holders delivering subsidized childcare may make a written agreement for priority admission between their facilities, subject to regulations.

59.7.2. Two permit holders delivering subsidized childcare may enter into a written agreement so that the children admitted to a facility of one of the holders may, on the conditions and according to the terms determined by regulation, be admitted on a priority basis to a facility of the other permit holder for the purpose of complementing each other’s service offers, particularly with regard to the children’s age classes. Such an agreement may, in the same manner and for the same purpose, allow the admission on a priority basis of a child to the facility of one of those permit holders if another child residing at the same address is admitted to a facility of the other permit holder. Where one person holds more than one day care centre permit, the person may, instead of entering into an agreement in accordance with the first or second paragraph, make a written resolution to the same effect as such an agreement, on the conditions and according to the terms determined by regulation. 2025, c. 17, s. 10.

Section 59.7.2Verify source

§ 59.8Section 59.8Provision

Source excerpt

Certain day care centres and recognized home educational childcare providers may admit children of their choice, subject to section 59.6.

59.8. Day care centres that do not provide subsidized childcare and recognized home educational childcare providers may, subject to section 59.6, admit the children of their choice according to the admission criteria they determine. 2022, c. 9, s. 35.

Section 59.8Verify source

§ 59.9Section 59.9Provision

Source excerpt

Before admitting a child, certain subsidized childcare permit holders must notify the Minister to obtain a referral from the single window.

59.9. When permit holders for childcare centres or day care centres delivering subsidized childcare intend to admit a child, they must first notify the Minister to obtain the referral of children registered with the single window. The referral of children via the single window and their matching with a permit holder referred to in the first paragraph must be done in accordance with the terms and conditions determined by regulation. The referral and matching must also be done in such a way as to anticipate the measures that could be required to enable the integration of a child with special needs into a permit holder’s centre. 2022, c. 9, s. 35; 2025, c. 17, s. 11.

Section 59.9Verify source

§ 59.10Section 59.10Provision

Source excerpt

Educational childcare providers must immediately inform the Minister when they admit a child.

59.10. All educational childcare providers must immediately inform the Minister when they admit a child. 2022, c. 9, s. 35; 2025, c. 17, s. 12.

Section 59.10Verify source

§ 59.11Section 59.11Provision

Source excerpt

A parent may refuse to have their child admitted to a particular educational childcare provider.

59.11. A parent may refuse to have their child admitted to a particular educational childcare provider. 2022, c. 9, s. 35.

Section 59.11Verify source

§ 59.12Section 59.12Provision

Source excerpt

If a subsidized childcare permit holder refuses to admit a referred child, it must notify the Minister and the parent and give the parent written reasons.

59.12. Permit holders for childcare centres or day care centres delivering subsidized childcare that refuse to admit a child who has been referred to them by the single window must notify the Minister and the parent of the refusal and inform the parent in writing of the reasons for the refusal. 2022, c. 9, s. 35; 2025, c. 17, s. 13.

Section 59.12Verify source

§ 60Section 60Provision

Source excerpt

The fiscal year of permit holders and coordinating offices ends on 31 March, unless another Act prescribes a different date.

60. The fiscal year of permit holders and coordinating offices ends on 31 March, unless another date is prescribed by another Act. 2005, c. 47, s. 60.

Section 60Verify source

§ 61Section 61Provision

Source excerpt

A subsidy recipient permit holder or coordinating office must send the Minister a financial report for each fiscal year within 6 months after year-end.

61. A permit holder or coordinating office that receives a subsidy under this Act must send to the Minister a financial report for each fiscal year not later than six months after the end of that year. The report is to be audited if the subsidies granted during that fiscal year total $50,000 or more. 2005, c. 47, s. 61; 2009, c. 36, s. 88; 2025, c. 8, s. 74.

Section 61Verify source

§ 62Section 62Provision

Source excerpt

A permit holder or coordinating office that stops operating, or whose permit or accreditation is revoked or not renewed, must send the Minister a financial report.

62. A permit holder or coordinating office that ceases to operate or whose permit or accreditation is revoked or not renewed must send to the Minister a financial report for the period that begins on the start-date of the current fiscal year and ends on the date operations cease or the permit or accreditation expires. The report is to be audited if the subsidies granted during this period total $50,000 or more. The report must be submitted not later than six months after the cessation of operations or the notification of the Minister’s decision to revoke or not to renew the permit or accreditation. 2005, c. 47, s. 62; 2009, c. 36, s. 89; 2025, c. 8, s. 75.

Section 62Verify source

§ 63Section 63Provision

Source excerpt

Permit holders and coordinating offices must send an activities report to the Minister by 30 June each year.

63. Permit holders and coordinating offices must send an activities report to the Minister not later than 30 June of each year. 2005, c. 47, s. 63.

Section 63Verify source

§ 64Section 64Provision

Source excerpt

The financial report and the activities report must include information required by the Minister and must be sent in the prescribed form.

64. The financial report and the activities report must contain the information required by the Minister and must be sent in the prescribed form. 2005, c. 47, s. 64; 2009, c. 36, s. 90.

Section 64Verify source

§ 65Section 65Provision

Source excerpt

65. The Minister may issue a notice ordering that corrective measures be taken by (1) any person that does not comply with this Act; (2) a permit holder or coordinating office that acts or has acted contrary to the rules of sound management applicable to an organization receiving subsidies out of public funds; or (3) a childcare centre permit holder or coordinating office whose financial situation must be redressed. This written notice must specify the corrective measures to be taken and the time granted for their implementation. 2005, c. 47, s. 65.

Section 65Verify source

§ 66Section 66Provision

Source excerpt

The Minister may designate a person to temporarily administer certain childcare facilities in specified situations, and that provisional administration cannot last more than 180 days unless extended by the Minister for up to another 180 days.

66. The Minister may designate a person to provisionally administer a childcare centre, day care centre or coordinating office (1) if its permit is suspended or revoked; (2) if the permit holder engages in practices or tolerates a situation likely to compromise the health, safety or well-being of the children to whom childcare is provided; (3) if the permit holder or accredited party acts contrary to the rules of sound management applicable to an organization receiving subsidies out of public funds, or if there has been malfeasance or breach of trust; (4) if the Minister has reasonable grounds to believe that the permit holder or accredited party is using subsidies for purposes other than those for which they were granted; (5) if an investigation into the management and operations of the permit holder or accredited party is conducted under section 80; or (6) if the board of directors of a childcare centre or coordinating office so requests or is unable to act. The provisional administration must not last longer than 180 days; the Minister may grant an extension of not more than 180 days. 2005, c. 47, s. 66; 2009, c. 36, s. 91; 2024, c. 6, s. 15.

Section 66Verify source

§ 67Section 67Provision

Source excerpt

The provisional administration may suspend the powers of a permit holder or accredited party.

67. The provisional administration suspends the powers of the permit holder or accredited party. 2005, c. 47, s. 67.

Section 67Verify source

§ 68Section 68Provision

Source excerpt

The provisional administrator must file a preliminary report with the Minister as soon as possible, and the Minister must send a copy to the permit holder or accredited party and allow at least 15 days for observations.

68. A preliminary report of the provisional administrator’s findings, with recommendations, is filed with the Minister as soon as possible. The Minister sends a copy of the report to the permit holder or accredited party and gives the permit holder or accredited party at least 15 days to submit observations. 2005, c. 47, s. 68; 2022, c. 9, s. 76.

Section 68Verify source

§ 69Section 69Provision

Source excerpt

If a preliminary report confirms a section 66 situation, the Minister may impose restrictions, set a correction deadline, or direct the provisional administrator to keep administering the facility.

69. If the preliminary report confirms the existence of a situation described in section 66, the Minister may (1) make retention of the permit or accreditation subject to restrictions the Minister judges appropriate, prescribe a time limit for correcting the situation and, if the time limit is not met, impose another period of provisional administration; or (2) order the provisional administrator to continue to administer the childcare centre, day care centre or coordinating office. 2005, c. 47, s. 69.

Section 69Verify source

§ 70Section 70Provision

Source excerpt

The provisional administrator must submit a final report to the Minister once the situation has been corrected, or cannot be corrected.

70. The provisional administrator submits a final report to the Minister upon ascertaining that the situation that gave rise to the provisional administration has been, or cannot be, corrected. The costs, fees and expenses of the provisional administration are payable by the permit holder or accredited party concerned, unless the Minister decides otherwise. 2005, c. 47, s. 70.

Section 70Verify source

§ 71Section 71Provision

Source excerpt

The provisional administrator cannot be prosecuted for acts done in good faith while exercising his or her functions.

71. The provisional administrator may not be prosecuted for any act done in good faith in the exercise of his or her functions. 2005, c. 47, s. 71.

Section 71Verify source

§ 72Section 72Provision

Source excerpt

The Minister may authorize a person to act as an inspector. An inspector must identify themselves before an inspection and, on request, show a Minister-signed certificate of authority.

72. The Minister may authorize a person to act as an inspector for the purposes of this Act. An inspector is an employee of the Minister. Before conducting an inspection, the inspector must identify himself or herself and, on request, show a certificate of authority signed by the Minister. 2005, c. 47, s. 72.

Section 72Verify source

§ 73Section 73Provision

Source excerpt

An inspector designated by the Minister may, at reasonable times and on stated grounds, enter certain premises, inspect premises and equipment, take photographs or recordings, and require documents for examination or reproduction.

73. An inspector designated by the Minister may (1) at any reasonable time, enter any premises where he or she has reasonable grounds to believe that activities are carried on which require a permit, recognition or accreditation under this Act, for the purpose of verifying whether the Act is being complied with; (2) at any reasonable time, enter any premises where home childcare is provided, for the purpose of verifying whether the provisions of Chapter VII are being complied with; (3) inspect any premises and equipment covered by this Act, and take photographs or make recordings; (4) require that any document be communicated for examination or reproduction, if he or she has reasonable grounds to believe that it contains information relating to the application of this Act. 2005, c. 47, s. 73.

Section 73Verify source

§ 74Section 74Provision

Source excerpt

An inspector may issue a notice of non-compliance if a permit holder has not met a prescribed safety standard for a play area, play space, or play equipment.

74. If an inspector discovers that a permit holder has failed to comply with a safety standard prescribed for a play area, play space or play equipment, he or she may issue a notice of non-compliance indicating the deficiencies observed and the time granted to correct them. If the permit holder fails to comply with the notice, the Minister may order such work as is necessary at the permit holder’s expense or prohibit access to the premises or equipment until the situation is corrected. 2005, c. 47, s. 74.

Section 74Verify source

§ 75Section 75Provision

Source excerpt

An inspector must order immediate evacuation if a play space, area, or equipment is hazardous for children.

75. If an inspector discovers that the state of a play space or area or of play equipment constitutes a hazard for children, he or she must order its immediate evacuation. The permit holder may submit observations to the Minister within the time specified in the evacuation order. The Minister may suspend or cancel the inspector’s decision. 2005, c. 47, s. 75.

Section 75Verify source

§ 76Section 76Provision

Source excerpt

76. An inspector may affix a seal to play equipment to which he or she has prohibited access. No person may break a seal affixed by an inspector. 2005, c. 47, s. 76.

Section 76Verify source

§ 77Section 77Provision

Source excerpt

The Minister may authorize access to the premises or equipment and removal of seals once the premises or play equipment are no longer a hazard to children and meet the prescribed standards.

77. When the premises or the play equipment are no longer a hazard for children and comply with the standards prescribed by regulation, the Minister authorizes access to the premises or the equipment and the removal of any seals. 2005, c. 47, s. 77.

Section 77Verify source

§ 78Section 78Provision

Source excerpt

No person may obstruct an inspector, mislead an inspector, or refuse to provide information or documents the inspector is entitled to obtain. People present at the inspected premises must assist the inspector, and holders of relevant information or documents must provide them on request within a reasonable time and allow examination.

78. No person may hinder an inspector in the exercise of inspection functions, make misleading representations to an inspector or refuse to provide an inspector with the information or a document he or she has the right to obtain under this Act. The person in charge of the premises being inspected and any other person present are required to assist the inspector. Likewise, the person holding information or having custody, possession or control of any document relating to the application of this Act must, at the inspector’s request, give the information or document to the inspector within a reasonable time and facilitate its examination. 2005, c. 47, s. 78; 2022, c. 9, s. 36.

Section 78Verify source

§ 78.1Section 78.1Provision

Source excerpt

An inspector may require a person to provide information or documents about the application of the Act, and the person must comply within the time set by the inspector.

78.1. An inspector may, by a formal demand delivered by any means that allows proof of receipt, require any person to communicate, by the same means, within a reasonable time specified by the inspector, information or documents relating to the application of this Act. The person to whom the demand is made must comply with the demand within the specified time, whether or not the person has already communicated such information or such a document or a reply to a similar demand made under this Act. 2022, c. 9, s. 37.

Section 78.1Verify source

§ 79Section 79Provision

Source excerpt

An inspector cannot be prosecuted for an act done in good faith while exercising inspection functions.

79. An inspector may not be prosecuted for any act done in good faith in the exercise of inspection functions. 2005, c. 47, s. 79.

Section 79Verify source

§ 80Section 80Provision

Source excerpt

The Minister or a person designated by the Minister may investigate matters about this Act.

80. The Minister or any person designated by the Minister may investigate any matter relating to the application of this Act. In the context of an investigation, the Minister and investigators are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment. An investigator must, on request, identify himself or herself and show a certificate of authority signed by the Minister. 2005, c. 47, s. 80.

Section 80Verify source

§ 81Section 81Provision

Source excerpt

An investigator may send a summons using any communication method that can prove receipt.

81. An investigator may send a summons by any means of communication that allows proof of receipt. 2005, c. 47, s. 81; 2022, c. 9, s. 38.

Section 81Verify source

§ 81.0.1Section 81.0.1Provision

Source excerpt

A person must not hinder an investigator, make misleading representations to an investigator, or refuse to provide information or a document the investigator is entitled to obtain under the Act.

81.0.1. No person may hinder an investigator in the exercise of investigation functions, make misleading representations to an investigator or refuse to provide an investigator with the information or a document he or she has the right to obtain under this Act. 2022, c. 9, s. 39.

Section 81.0.1Verify source

§ 81.0.2Section 81.0.2Provision

Source excerpt

An investigator cannot be prosecuted for acts done in good faith while exercising investigation functions.

81.0.2. An investigator may not be prosecuted for any act done in good faith in the exercise of investigation functions. 2022, c. 9, s. 39.

Section 81.0.2Verify source

§ 81.0.3Section 81.0.3Provision

Source excerpt

An inspector or investigator may order children evacuated from a childcare facility if there are reasonable grounds to believe their health, safety, or well-being is seriously compromised; the order must then be given in writing to the permit holder.

81.0.3. If an inspector or an investigator has reasonable grounds to believe that the health, safety or well-being of children receiving childcare from a permit holder in a facility is or could be seriously compromised, in particular if the inspector or investigator considers that the state of a facility or of part of a facility constitutes an imminent danger for the children, the inspector or the investigator may, in addition to any other measure that may be taken by the inspector or the investigator or by the Minister and after having notified the parents, order the evacuation of the children from all or part of the facility. An inspector or an investigator who orders an evacuation in accordance with the first paragraph must notify the order in writing to the permit holder who may, within 15 days from the notification, submit observations and produce documents to complete the record in order to allow the Minister to review the order. If the evacuation is ordered for the whole facility, the permit holder’s permit is suspended by operation of law for that facility. 2024, c. 6, s. 16.

Section 81.0.3Verify source

§ 81.1Section 81.1Offence

Source excerpt

If a statement of offence is served for childcare services offered in contravention of section 6, the Minister or an authorized person must, if concerned about possible harm to children’s health or safety, issue a prohibitory order.

81.1. If a statement of offence is served on a person who offers or provides childcare services in contravention of section 6, the Minister or a person authorized by the Minister must, if of the opinion that the health or safety of the children may have been or could be compromised, issue an order prohibiting the person concerned from offering or providing childcare under conditions that could compromise the health or safety of the children. 2010, c. 39, s. 8.

Section 81.1Verify source

§ 81.2Section 81.2Provision

Source excerpt

When an order is issued, the Minister or an authorized person must notify the person concerned and tell them they may contest the order before the Administrative Tribunal of Québec within 60 days.

81.2. On issuing the order, the Minister or the person authorized by the Minister must notify it to the person concerned and inform the person of his or her right to contest it before the Administrative Tribunal of Québec within 60 days. 2010, c. 39, s. 8.

Section 81.2Verify source

§ 81.2.1Section 81.2.1Provision

Source excerpt

Specified persons must undergo an investigation to confirm that no impediment exists.

81.2.1. The following persons must be the subject of an investigation establishing that no impediment exists: (1) a permit applicant or a permit holder, in the case of a natural person; (2) a director or a shareholder of a permit applicant or of a permit holder; (3) a person of full age who works in a permit holder’s facility while childcare is being provided; (4) a trainee or a volunteer who is of full age and who is regularly present in a permit holder’s facility while childcare is being provided; (5) a person who regularly transports children on behalf of a permit holder; (6) a person applying for recognition or who is recognized as a home educational childcare provider; (7) a person of full age living in a private residence where childcare is, or is expected to be, provided by a person referred to in paragraph 6; (8) a trainee or a volunteer who is of full age and who is regularly present in a residence where childcare is provided by a home educational childcare provider, as well as the latter’s assistant or occasional replacement; (9) a staff member of a home educational childcare coordinating office whose function is to manage the office, to recognize or to monitor home educational childcare providers, or to provide technical and educational support to the home educational childcare providers recognized by that coordinating office; and (10) a director of a home educational childcare coordinating office, where that coordinating office does not hold a childcare centre permit. 2024, c. 6, s. 17.

Section 81.2.1Verify source

§ 81.2.2Section 81.2.2Provision

Source excerpt

A Québec police force must conduct no-impediment investigations, and certain childcare-related applicants and offices must apply for them with the person’s written consent. They may not make staff or aspiring staff pay the investigation fees.

81.2.2. The investigation establishing that no impediment exists must be conducted by a Québec police force. The purpose of the investigation is to determine whether information exists that could establish the existence of an impediment. An application for an investigation is made, as applicable, (1) by a person referred to in paragraph 1 of section 81.2.1, for an investigation establishing that no impediment exists regarding that person personally; (2) by a permit applicant or a permit holder, for an investigation establishing that no impediment exists regarding any person referred to in paragraphs 2 to 5 of section 81.2.1, unless that person is part of the staff provided by a legal person providing replacement childcare staff; (3) by a home educational childcare coordinating office, for an investigation establishing that no impediment exists regarding any person referred to in paragraphs 6 to 10 of section 81.2.1; or (4) by a legal person providing replacement childcare staff members, for an investigation establishing that no impediment exists regarding the staff it provides to a permit holder. The application made to the police force must be accompanied by the written consent of the person being investigated to having all the information specified in the second paragraph of section 81.2.4 investigated and to having the results of the investigation communicated in accordance with section 81.2.5. An educational childcare provider, a coordinating office or a permit applicant may not cause a staff member or an aspiring staff member to pay the fees for the investigation, whether directly or indirectly. 2024, c. 6, s. 17.

Section 81.2.2Verify source

§ 81.2.3Section 81.2.3Offence

Source excerpt

81.2.3. In this Act, unless the context indicates otherwise, the following constitute an impediment: (1) the fact that the person exhibits or has exhibited behaviour that could reasonably pose a threat for the physical or emotional safety of the children to whom the person proposes to provide childcare or, as applicable, among whom the person wants to carry out a role, a function or work; (2) the fact that the person is charged with or has been found guilty of a criminal offence related to the abilities and conduct required to operate a childcare centre or a day care centre or to provide home educational childcare services or, as applicable, to carry out a role, a function or work among children to whom childcare is provided; (3) the fact that the person is the subject of a court order that subsists against the person and that is related to the abilities and conduct required to operate a childcare centre, a day care centre or, as applicable, to carry out a role, a function or work among children to whom childcare is provided; and (4) the fact that the person exhibits or has exhibited behaviour that could reasonably cause one to fear that the person does not have the required integrity to manage subsidies paid out of public funds. Subparagraph 4 of the first paragraph applies only to a permit applicant or permit holder whose childcare services are subsidized, to a director or shareholder of such an applicant or holder, to a director of a coordinating office that does not hold a childcare centre permit or to a person who is selected for or who holds the office of chief officer of such a coordinating office, of a childcare centre or of a day care centre whose childcare services are subsidized. 2024, c. 6, s. 17.

Section 81.2.3Verify source

§ 81.2.4Section 81.2.4Offence

Source excerpt

Québec police forces must conduct investigations and focus their verifications on specified misconduct and offences, while excluding certain pardoned offences.

81.2.4. Every Québec police force is required to conduct the investigations establishing that no impediment exists applied for. The verifications carried out by the police force must be concerned with any sexual misconduct, failure to provide necessities of life, criminal operation of a motor vehicle, violent behaviour, criminal negligence, fraud, theft, arson and drug- or narcotic-related offence. However, they are to exclude any criminal offence other than the offences listed in Schedule 2 to the Criminal Records Act (R.S.C. 1985, c. C-47), for which the person has obtained a pardon. 2024, c. 6, s. 17.

Section 81.2.4Verify source

§ 81.2.5Section 81.2.5Provision

Source excerpt

If police database checks show no impediment, the police force must issue an attestation confirming no impediment and send a copy to the applicant; if they do show a possible impediment, the police force must issue an attestation of potential impediment stating the information needed to assess it.

81.2.5. If the verifications carried out in the databases available to the police force do not reveal any information that could establish the existence of an impediment, the police force issues an attestation establishing that no impediment exists to the person being investigated and sends a copy to the person who applied for the investigation. If the verifications do reveal such information, the police force issues an attestation of a potential impediment to the person being investigated. The attestation must state the information that is needed to assess whether or not an impediment exists. 2024, c. 6, s. 17.

Section 81.2.5Verify source

§ 81.2.6Section 81.2.6Provision

Source excerpt

If a police force issues an attestation of a potential impediment to a person covered by section 81.2.1, the person must choose whether to continue the investigation process.

81.2.6. A person referred to in paragraphs 1 to 6 or 8 to 10 of section 81.2.1 to whom a police force issues an attestation of a potential impediment must decide whether they wish to continue the investigation process. If so, the person must send the attestation of a potential impediment to the third person designated by section 81.2.8 and attach to the attestation, if the person considers it necessary, any observations or any document. 2024, c. 6, s. 17.

Section 81.2.6Verify source

§ 81.2.7Section 81.2.7Provision

Source excerpt

A person receiving an attestation of a potential impediment must decide whether to consent to its communication, and if they consent, the other person must decide whether to continue the investigation process.

81.2.7. A person referred to in paragraph 7 of section 81.2.1 to whom a police force issues an attestation of a potential impediment must decide whether they consent to the police force communicating it to the person who resides with them and who has applied for recognition or who is recognized as a home educational childcare provider. If such is the case, the latter must then decide whether they wish to continue the investigation process. If so, with the consent of the person concerned by the attestation of a potential impediment, the person who resides with the latter and who has applied for recognition or who is recognized as a home educational childcare provider must send the attestation to the third person designated by section 81.2.8 and attach to the attestation, if the person considers it necessary, any observations or any document. 2024, c. 6, s. 17.

Section 81.2.7Verify source

§ 81.2.8Section 81.2.8Provision

Source excerpt

This section assigns who must assess the content of an attestation of a potential impediment, depending on the person and the office involved.

81.2.8. The content of an attestation of a potential impediment must be assessed by one of the following third persons: (1) the Minister, after having obtained the opinion of the Comité d’examen des empêchements established under section 81.2.26, for an attestation concerning a person referred to in paragraph 1, 2 or 10 of section 81.2.1 and for an attestation issued following an application for an investigation establishing that no impediment exists made by a legal person providing replacement childcare staff; (2) a permit applicant or a permit holder, for an attestation concerning a person referred to in paragraph 3, 4 or 5 of section 81.2.1, after having obtained the opinion of the Comité d’examen des empêchements if the attestation concerns a person who is selected for the office of chief officer of a childcare centre or day care centre or who holds that office; or (3) a coordinating office, for an attestation concerning a person referred to in paragraphs 6 to 9 of section 81.2.1, after having obtained the opinion of the Comité d’examen des empêchements if the attestation concerns a person who is selected for the office of chief officer of the coordinating office or who holds that office. Despite subparagraphs 2 and 3 of the first paragraph, every attestation is to be assessed by the Minister, after having obtained the opinion of the Comité d’examen des empêchements, where the person concerned by the attestation of a potential impediment is a person related, within the meaning of subparagraph a of paragraph 2 of section 3, to any natural person otherwise called upon to assess the content of the attestation. 2024, c. 6, s. 17.

Section 81.2.8Verify source

§ 81.2.9Section 81.2.9Provision

Source excerpt

The person who receives a potential-impediment attestation must assess it and decide whether an impediment exists; if so, a notice of impediment is issued, otherwise an attestation of no impediment is issued.

81.2.9. The third person to whom an attestation of a potential impediment is sent must, after having obtained the opinion of the Comité d’examen des empêchements where section 81.2.8 so provides and taking into account any observations and any document attached to the attestation, assess the attestation’s content and determine whether an impediment exists. If the third person determines that an impediment exists, the third person issues a notice of impediment to the person concerned by the attestation. Otherwise, the third person issues an attestation establishing that no impediment exists to the person concerned by the attestation. If the attestation concerns a person who is selected for the office of chief officer of a coordinating office that does not hold a childcare centre permit or of a childcare centre or a day care centre, or who holds that office, the third person responsible for assessing the content of the attestation must inform the Minister in writing and without delay of their decision to issue an attestation in accordance with the third paragraph and must send the Minister the reasons for the decision as well as a copy of the committee’s opinion. Any notice of impediment or any attestation establishing that no impediment exists issued under this section is to be communicated in writing to the person concerned by the attestation. A copy is also communicated to the person who applied for the investigation or is kept by that person if they assessed the attestation themselves. The issue of any notice or any attestation by a permit applicant, a permit holder or a coordinating office under this section must first be authorized by resolution of the board of directors. 2024, c. 6, s. 17.

Section 81.2.9Verify source

§ 81.2.10Section 81.2.10Provision

Source excerpt

The permit holder must keep a valid attestation showing no impediment exists, and must ensure certain listed persons also keep one.

81.2.10. The permit holder must, (1) if the permit holder is a natural person, at all times hold a valid attestation establishing that no impediment exists; and (2) ensure that the persons referred to in paragraphs 2 to 5 of section 81.2.1 at all times hold a valid attestation establishing that no impediment exists. The same applies to a person who is recognized as a home educational childcare provider with regard to the persons referred to in paragraphs 7 and 8 of section 81.2.1 and to a coordinating office with regard to the persons referred to in paragraphs 6, 9 and 10 of section 81.2.1. 2024, c. 6, s. 17.

Section 81.2.10Verify source

§ 81.2.11Section 81.2.11Provision

Source excerpt

An attestation establishing that no impediment exists is valid for three years after issue, subject to section 81.2.12.

81.2.11. An attestation establishing that no impediment exists is valid for a period of three years after being issued, on the conditions set out in section 81.2.12. A new application for an investigation, made at least three months before the expiry of an attestation establishing that no impediment exists, extends the period of validity of the latter as long as a new attestation has not been issued. Sections 81.2.1 to 81.2.9 apply to a new application for an investigation, with the necessary modifications. The issue of a notice of impediment puts an end to the validity of any attestation establishing that no impediment exists. 2024, c. 6, s. 17.

Section 81.2.11Verify source

§ 81.2.12Section 81.2.12Offence

Source excerpt

An attestation of no impediment is valid only for specific childcare-related uses, and a chief-officer candidate may need a sworn statement confirming no relevant criminal charge or conviction since issuance.

81.2.12. Subject to section 81.2.16, an attestation establishing that no impediment exists is valid only so that the attestation holder may, as applicable, (1) hold a permit or be recognized as a home educational childcare provider following an application made, as applicable, under subparagraph 1 or 3 of the third paragraph of section 81.2.2; (2) carry out a role, a function or work for the same permit applicant, the same educational childcare provider or the same coordinating office, following an application for an investigation concerning the attestation holder made under subparagraphs 2 and 3 of the third paragraph of section 81.2.2; (3) be in the presence of the children received in the residence of the home educational childcare provider in which the attestation holder lives following an application for an investigation concerning the attestation holder made under subparagraph 3 of the third paragraph of section 81.2.2; or (4) act as staff member in any permit holder’s centre within the scope of a relationship between the latter and a legal person providing replacement childcare staff members that has made an application for an investigation concerning the attestation holder under subparagraph 4 of the third paragraph of section 81.2.2. Despite subparagraph 2 of the first paragraph, if the holder of an attestation establishing that no impediment exists is selected for the office of chief officer of a childcare centre, a day care centre whose childcare services are subsidized or a coordinating office that does not hold a childcare centre permit, but the attestation holder’s attestation was issued for the exercise of a role, a function or work other than that of chief officer, that attestation remains valid only if the attestation holder provides a sworn statement indicating that, since the attestation was issued, the attestation holder has not been charged with or found guilty of a criminal offence related to the elements referred to in the second paragraph of section 81.2.4 and if the conditions set out in either of the following paragraphs are met: (1) the attestation that the attestation holder already holds was issued by a police force; or (2) the attestation that the attestation holder already holds was issued under section 81.2.9 and the attestation of a potential impediment whose content assessment led to the issue of that attestation has been sent to the third person designated, according to section 81.2.8, as being responsible for assessing the content of an attestation of a potential impediment concerning a person who is selected for the office of chief officer, and that third person has determined that no impediment exists. 2024, c. 6, s. 17.

Section 81.2.12Verify source

§ 81.2.13Section 81.2.13Provision

Source excerpt

81.2.13. Despite section 81.2.10, when there is a change of director, the permit applicant, the permit holder or the coordinating office that does not hold a childcare centre permit has 10 days from the day of the change to apply for an investigation establishing that no impediment exists in respect of the director in accordance with section 81.2.2. The new director is then deemed to be the holder of an attestation establishing that no impediment exists until such an attestation or a notice of impediment, as applicable, is issued in respect of the new director. 2024, c. 6, s. 17.

Section 81.2.13Verify source

§ 81.2.14Section 81.2.14Offence

Source excerpt

If a holder of an attestation establishing that no impediment exists is charged with or convicted of a related criminal offence, they must notify the person who may apply for an investigation; if that holder is also a permit applicant or permit holder, they must also inform the Minister immediately.

81.2.14. The holder of an attestation establishing that no impediment exists who has been charged with or found guilty of a criminal offence related to the elements referred to in the second paragraph of section 81.2.4 must immediately notify the person who may apply for an investigation establishing that no impediment exists in respect of the attestation holder in accordance with section 81.2.2. If the holder of an attestation establishing that no impediment exists is a permit applicant or a permit holder, they must immediately inform the Minister of that fact. The permit applicant, permit holder or coordinating office that does not hold a childcare centre permit must also immediately inform the Minister of any notice given to them under the first paragraph by one of their directors or shareholders, if applicable. 2024, c. 6, s. 17.

Section 81.2.14Verify source

§ 81.2.15Section 81.2.15Provision

Source excerpt

The Minister may require a new investigation application if information changes, and a designated person under section 81.2.2 may do the same in their cases.

81.2.15. The Minister may require that a new application for an investigation establishing that no impediment exists be made in accordance with sections 81.2.1 to 81.2.9 for any holder of an attestation establishing that no impediment exists, where the Minister is informed of a change relating to the information that could establish the existence of an impediment regarding the attestation holder. Any person referred to in section 81.2.2 may do the same for the holder of an attestation establishing that no impediment exists in respect of whom the person may make an application for an investigation in accordance with that section. Failure of the holder of an attestation establishing that no impediment exists to follow up on an application made under the first paragraph within the time indicated by the Minister or by the person who may make an application for an investigation in respect of the attestation holder puts an end to the validity of the attestation establishing that no impediment exists. 2024, c. 6, s. 17.

Section 81.2.15Verify source

§ 81.2.16Section 81.2.16Offence

Source excerpt

81.2.16. Despite section 81.2.12, an educational childcare provider may exempt a person referred to in paragraph 3, 4 or 8 of section 81.2.1 from being the subject of a new investigation establishing that no impediment exists, on the following conditions: (1) the person holds an attestation establishing that no impediment exists issued in the last three years; and (2) the person provides a sworn statement indicating that, since the attestation was issued, the person has not been charged with or found guilty of a criminal offence related to the elements referred to in the second paragraph of section 81.2.4 or has not been suspended or dismissed by an educational childcare provider. 2024, c. 6, s. 17.

Section 81.2.16Verify source

§ 81.2.17Section 81.2.17Offence

Source excerpt

A permit holder or home educational childcare provider must make sure a minor working or regularly present as a trainee or volunteer is either supervised by an adult with an attestation, or carries a qualifying police-issued document.

81.2.17. When a minor works or is regularly present as a trainee or volunteer while childcare is being provided in a permit holder’s facility or in a residence where childcare is provided, the permit holder or the home educational childcare provider must ensure that either of the following requirements is met: (1) the minor, when in the presence of children receiving childcare, is accompanied at all times by a person of full age who holds an attestation establishing that no impediment exists; or (2) the minor is the holder of a document, that the minor carries with them when present in the facility or in the residence, attesting that verifications carried out in the databases available to a police force do not reveal any information related to the elements listed in the second paragraph of section 81.2.4 concerning the minor. The document referred to in subparagraph 2 of the first paragraph must have been issued two years earlier or less by a police force at the request of the educational institution that the minor attends or at the request of the permit applicant or permit holder or of the home educational childcare coordinating office. The minor who holds that document, and who is charged with or found guilty of a criminal offence related to the elements referred to in the second paragraph of section 81.2.4, must immediately notify the permit holder or the home educational childcare provider of that fact. A person referred to in the first and second paragraphs may, on the same conditions and despite any provision to the contrary, continue to work or be regularly present as a trainee or volunteer in the facility of a permit holder or in the residence where childcare is provided as of the date of their eighteenth birthday if an application for an investigation establishing that no impediment exists concerning the person was made three months or less before that date, until the process referred to in sections 81.2.1 to 81.2.9 has been completed. In such a case, the investigation must be conducted by the police force after the person’s eighteenth birthday. 2024, c. 6, s. 17.

Section 81.2.17Verify source

§ 81.2.18Section 81.2.18Provision

Source excerpt

This section says that the investigation into whether there is no impediment for a person under section 81.2.1 who has lived in Canada for less than one year is governed by this subdivision.

81.2.18. The investigation establishing that no impediment exists in respect of a person referred to in section 81.2.1 who has been residing in Canada for less than one year is governed by this subdivision. 2024, c. 6, s. 17.

Section 81.2.18Verify source

§ 81.2.19Section 81.2.19Offence

Source excerpt

An eligible person applies for the investigation, which consists of assessing a sworn statement to decide whether an impediment exists.

81.2.19. The investigation is applied for by the person who may make an application for an investigation in accordance with the third paragraph of section 81.2.2. It consists in the assessment of the content of a sworn statement provided by the person being investigated, to determine whether an impediment exists. The statement referred to in the first paragraph (1) contains the information concerning any behaviour the person being investigated has exhibited in Canada or abroad, any criminal offence the person has been charged with or found guilty of in Canada or abroad and any court order that subsists against the person in Canada or abroad that could establish the existence of an impediment; and (2) addresses all the elements listed in the first sentence of the second paragraph of section 81.2.4. 2024, c. 6, s. 17.

Section 81.2.19Verify source

§ 81.2.20Section 81.2.20Provision

Source excerpt

If the statement shows no information establishing an impediment, the applicant for the investigation must issue an attestation that no impediment exists to the investigated person and keep a copy.

81.2.20. In the case where the statement contains no information that would make it possible to establish the existence of an impediment, the person who applied for the investigation issues an attestation establishing that no impediment exists to the person who was investigated and keeps a copy of it. 2024, c. 6, s. 17.

Section 81.2.20Verify source

§ 81.2.21Section 81.2.21Provision

Source excerpt

If the person being investigated consents, a permit applicant, permit holder, or coordinating office may ask the Comité d’examen des empêchements to review the statement and give an opinion on whether an impediment exists.

81.2.21. In the case where the statement contains information that could establish the existence of an impediment, sections 81.2.8 and 81.2.9 apply, with the necessary modifications and subject to the second paragraph. With the consent of the person being investigated, a permit applicant, a permit holder or a coordinating office may, even where section 81.2.8 does not provide for it, ask the Comité d’examen des empêchements to examine the information contained in the statement and give them its opinion as to whether an impediment exists. 2024, c. 6, s. 17.

Section 81.2.21Verify source

§ 81.2.22Section 81.2.22Provision

Source excerpt

An attestation of no impediment remains valid until the person concerned has lived in Canada for one year.

81.2.22. An attestation establishing that no impediment exists issued under this subdivision is valid until the person concerned by the attestation has resided in Canada for one year. An application for an investigation made in accordance with the process provided for in sections 81.2.1 to 81.2.9 during the month preceding the expiry of an attestation establishing that no impediment exists issued in accordance with this subdivision extends the period of validity of the attestation until a new attestation is issued. However, the issue of a notice of impediment puts an end to the validity of any attestation establishing that no impediment exists. Section 81.2.12 applies, with the necessary modifications, to the validity of that attestation. 2024, c. 6, s. 17.

Section 81.2.22Verify source

§ 81.2.23Section 81.2.23Provision

Source excerpt

The Minister may require a new investigation application if information changes, and the attestation holder must follow up within the time set or the attestation ends.

81.2.23. The Minister may require that a new application for an investigation establishing that no impediment exists be made, in respect of a person who is the holder of an attestation establishing that no impediment exists issued in accordance with the process provided for in this subdivision, following that process or the process provided for in sections 81.2.1 to 81.2.9, if the Minister is informed of a change relating to the information that could establish the existence of an impediment with respect to the attestation holder. Any person referred to in section 81.2.19 may do the same with respect to the holder of an attestation establishing that no impediment exists in respect of whom the person may make an application for an investigation in accordance with that section. Failure of the holder of an attestation establishing that no impediment exists to follow up on an application made under the first paragraph within the time indicated by the Minister or by the person who may make an application in respect of the attestation holder puts an end to the validity of the attestation establishing that no impediment exists. 2024, c. 6, s. 17.

Section 81.2.23Verify source

§ 81.2.24Section 81.2.24Provision

Source excerpt

This section says certain other sections apply here, for the situations and persons referred to in this subdivision, with necessary modifications.

81.2.24. Sections 81.2.10, 81.2.12 to 81.2.14 and 81.2.17 apply in the situations and to the persons referred to in this subdivision, with the necessary modifications. 2024, c. 6, s. 17.

Section 81.2.24Verify source

§ 81.2.25Section 81.2.25Offence

Source excerpt

Certain people must give a sworn statement about overseas conduct, criminal charges or findings, and any foreign court order that could show an impediment, then provide it and the required consent before the investigation is applied for.

81.2.25. Any person referred to in section 81.2.1 having resided outside Canada for a continuous period of one year or more since the date of their eighteenth birthday and who is not referred to in subdivision 5 must, in addition to complying with the provisions of subdivisions 1 to 4 that apply to the person, make a sworn statement (1) containing the information concerning any behaviour the person exhibited abroad, any criminal offence the person was charged with or found guilty of abroad and any court order subsisting against the person abroad that could establish the existence of an impediment; and (2) addressing all the elements listed in the first sentence of the second paragraph of section 81.2.4. The person must then send their statement and the consent required for its communication to the person referred to in section 81.2.2 who applied for the investigation establishing that no impediment exists in respect of the person making the statement, before the former makes such an application to a police force. The process for the investigation establishing that no impediment exists is continued in accordance with subdivisions 1 to 4, except in the case where the statement referred to in the first paragraph contains information that could establish the existence of an impediment. In that case, the person who applied for the investigation establishing that no impediment exists must notify the police force. The police force carries out verifications in accordance with sections 81.2.4 and 81.2.5, but may not issue an attestation establishing that no impediment exists under the first paragraph of section 81.2.5. If the verifications carried out in the databases available to the police force do not reveal any information that could establish the existence of an impediment, the police force issues a research note to that effect. The statement referred to in the first paragraph, if it contains information that could establish the existence of an impediment, must be sent to the third person responsible for assessing the content of an attestation of a potential impediment in accordance with section 81.2.8 and be taken into account by the third person as if it were such an attestation, and is added to the attestation, if applicable, for the purpose of establishing whether an impediment exists. The third person may ask the Comité d’examen des empêchements to examine the information contained in the statement and to give them its opinion as to whether an impediment exists. 2024, c. 6, s. 17.

Section 81.2.25Verify source

§ 81.2.26Section 81.2.26Provision

Source excerpt

The Minister establishes a committee, which must examine certain information about a potential impediment and give an opinion on whether an impediment exists.

81.2.26. The Minister establishes the Comité d’examen des empêchements (“the committee”). The function of the committee is to examine the information provided by a police force in an attestation of a potential impediment to be submitted to the committee under this division, and to give its opinion as to whether an impediment exists. The committee gives reasons for the opinion in writing and communicates it to the third person responsible for assessing the content of an attestation of a potential impediment and to the person concerned by the attestation. 2024, c. 6, s. 17.

Section 81.2.26Verify source

§ 81.2.27Section 81.2.27Provision

Source excerpt

The committee must include at least five members appointed by the Minister, including at least two lawyers, and must include at least one member from an Aboriginal community when the attestation concerns an Aboriginal person.

81.2.27. The committee is composed of at least five members appointed by the Minister, at least two of whom are lawyers. From among the members, the Minister designates a chair, who presides at its meetings and sees to the committee’s smooth operation, and another member who acts as vice-chair. The committee must be composed of at least one member from an Aboriginal community when an attestation of a potential impediment concerns an Aboriginal person. The members must have a marked interest in child protection and expertise or experience in that field or regarding investigations establishing that no impediment exists. 2024, c. 6, s. 17.

Section 81.2.27Verify source

§ 81.2.28Section 81.2.28Provision

Source excerpt

81.2.28. The term of office of the committee members may not exceed two years. When their term ends, members remain in office until replaced or reappointed. 2024, c. 6, s. 17.

Section 81.2.28Verify source

§ 81.2.29Section 81.2.29Provision

Source excerpt

The committee’s secretariat is the responsibility of the Ministère de la Famille, des Aînés et de la Condition féminine.

81.2.29. The secretariat of the committee is the responsibility of the Ministère de la Famille, des Aînés et de la Condition féminine. 2024, c. 6, s. 17.

Section 81.2.29Verify source

§ 81.2.30Section 81.2.30Provision

Source excerpt

The committee needs at least half its members for quorum, and committee opinions are decided by a majority of those present. If there is a tie, the chair has a casting vote.

81.2.30. The quorum for meetings of the committee is at least half of its members. The committee’s opinions are decided by a majority of the members present. In the event of a tie, the chair has a casting vote. 2024, c. 6, s. 17.

Section 81.2.30Verify source

§ 81.2.31Section 81.2.31Provision

Source excerpt

If the chair is absent or unable to act, the vice-chair takes over; if not, a presiding member does.

81.2.31. When the chair is absent or unable to act, the functions and powers of the chair are assumed by the vice-chair or, failing that, by a presiding member. 2024, c. 6, s. 17.

Section 81.2.31Verify source

§ 81.2.32Section 81.2.32Provision

Source excerpt

Committee members receive no remuneration, but they are entitled to reimbursement of expenses incurred in performing their functions, subject to conditions and limits set by the Government.

81.2.32. The members of the committee receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government. They are, however, entitled to the reimbursement of expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government. 2024, c. 6, s. 17.

Section 81.2.32Verify source

§ 81.2.33Section 81.2.33Provision

Source excerpt

The Minister and the Minister of Public Security must make a framework agreement setting the procedures for Québec police forces’ childcare-related investigations.

81.2.33. The Minister and the Minister of Public Security must enter into a framework agreement for establishing the procedures to be followed by Québec police forces when conducting an investigation establishing that no impediment exists in the area of childcare services. The agreement specifies the measures to be put in place so that persons who require the services of a police force may know the processing time generally observed for applications for an investigation establishing that no impediment exists. The agreement may include models for giving consent that comply with this division. 2024, c. 6, s. 17.

Section 81.2.33Verify source

§ 81.2.34Section 81.2.34Provision

Source excerpt

The Minister must prepare a guide on investigations for educational childcare providers and ensure it is disseminated on the Gouvernement du Québec’s website.

81.2.34. The Minister prepares a guide on investigations establishing that no impediment exists for educational childcare providers and sees to its dissemination on the Gouvernement du Québec’s website. The guide is prepared after consultation with the bodies representative of educational childcare providers. 2024, c. 6, s. 17.

Section 81.2.34Verify source

§ 81.2.35Section 81.2.35Provision

Source excerpt

The department must include the activity report of the Comité d’examen des empêchements in its annual management report.

81.2.35. The activity report of the Comité d’examen des empêchements is to be included in the annual management report of the department. 2024, c. 6, s. 17.

Section 81.2.35Verify source

§ 81.2.36Section 81.2.36Provision

Source excerpt

A permit holder must immediately suspend a staff member in specified child-protection-related cases, then notify the person in writing without delay and give them a chance to respond within 10 days.

81.2.36. A permit holder must immediately suspend any staff member in the following cases: (1) if the permit holder is informed that the staff member is implicated in a report that has been accepted for evaluation by the director of youth protection as well as if such a person is implicated in a report leading to a disclosure of confidential information by the director of youth protection to the Director of Criminal and Penal Prosecutions or to a police force provided for in section 72.7 of the Youth Protection Act (chapter P-34.1); (2) if the staff member is the subject of an investigation conducted by the Minister with the knowledge of the permit holder on the basis of acts allegedly committed by the staff member that are such that, were they to continue or be repeated, the health, safety or well-being of the children to whom the permit holder provides educational childcare would be seriously compromised; or (3) if the staff member is the subject of a complaint filed with the permit holder and which the latter considers admissible, relating to acts allegedly committed by the staff member and that are such that, were they to continue or be repeated, the health, safety or well-being of the children to whom the permit holder provides educational childcare would be seriously compromised. The permit holder must notify the person in writing and without delay of their suspension and the reasons for it, and give the person an opportunity to submit observations and produce any document as soon as possible and, in all cases, within 10 days. The suspension lasts until the permit holder makes a final decision about the alleged situation. 2024, c. 6, s. 17.

Section 81.2.36Verify source

§ 81.2.37Section 81.2.37Provision

Source excerpt

Before starting work, a person called to work in a permit holder’s childcare facility must tell the permit holder about certain suspensions under section 81.2.36.

81.2.37. Before taking up their employment, any person called upon to work in the facility of a permit holder while childcare is being provided must declare to the permit holder any suspension covered by section 81.2.36, and concerning the person that (1) is ongoing; (2) was ongoing at the time the person left a previous employment with a permit holder, within a period of 36 months after leaving that employment; or (3) was the subject of a final decision, under that section, that has led to sanctions being imposed in the last 36 months. 2024, c. 6, s. 17.

Section 81.2.37Verify source

§ 81.3Section 81.3Repeal

Source excerpt

Section 81.3 is repealed.

81.3. (Repealed). 2015, c. 8, s. 161; 2020, c. 5, s. 1.

Section 81.3Verify source

§ 82Section 82Provision

Source excerpt

The Government may set, by regulation, the amount of a parent’s contribution for subsidized childcare services, and may set the indexing method for that amount.

82. The Government may, by regulation, set the amount of the contribution to be paid by a parent for childcare services for which the educational childcare provider is subsidized. The Government may also, by regulation, set the indexing method applicable to the amount of such a contribution. In all other cases, the educational childcare provider sets the amount of the parental contribution for the childcare services provided. 2005, c. 47, s. 82; 2015, c. 8, s. 162; 2020, c. 5, s. 3; 2022, c. 9, s. 97.

Section 82Verify source

§ 83Section 83Provision

Source excerpt

A subsidized educational childcare provider must deliver childcare services suited to the children’s age group and to the service type, period, duration, and core hours set by regulation.

83. A subsidized educational childcare provider must provide educational childcare services according to the age group of the children and in accordance with the type of services and the period, duration and core hours prescribed by regulation. Childcare services include the services determined by regulation as well as any organized activities, any materials and any other services provided to children while they are in childcare, unless specifically exempted by regulation. 2005, c. 47, s. 83; 2009, c. 36, s. 92; 2015, c. 8, s. 163; 2022, c. 9, s. 97.

Section 83Verify source

§ 83.1Section 83.1Provision

Source excerpt

83.1. For the purposes of paragraphs e and f of section 190 and section 191 of the Consumer Protection Act (chapter P-40.1), when the amount of the contribution is raised or indexed, the total amount to be paid and the rate stated in a childcare agreement referred to in section 92 are revised accordingly by operation of law. 2015, c. 8, s. 164; 2020, c. 5, s. 11; 2024, c. 6, s. 18.

Section 83.1Verify source

§ 84Section 84Provision

Source excerpt

The Government may make regulations on how the parental contribution is paid for a day or half day of childcare, including when full or partial exemption is granted.

84. The Government may, by regulation, determine conditions of payment of the parental contribution for a day or half day of childcare, and cases in which full or partial exemption from the contribution is granted for the services determined by the Government. 2005, c. 47, s. 84; 2015, c. 8, s. 165; 2020, c. 5, s. 11.

Section 84Verify source

§ 85Section 85Provision

Source excerpt

A parent must pay the contribution, unless fully or partially exempted when a subsidy has been granted to the educational childcare provider for the requested childcare space.

85. A parent pays the contribution or is fully or partially exempted from paying it on condition that a subsidy has been granted to the educational childcare provider for the childcare space requested by the parent. 2005, c. 47, s. 85; 2015, c. 8, s. 166; 2020, c. 5, s. 11; 2022, c. 9, s. 97.

Section 85Verify source

§ 86Section 86Provision

Source excerpt

A subsidized educational childcare provider may not charge parents certain extra fees or contributions, and may not make admission or continued access depend on paying more than the regulated contribution, except where regulation allows otherwise.

86. A subsidized educational childcare provider may not request or receive, directly or indirectly, (1) any contribution from a parent who has been exempted from paying it; or (2) any extra contribution or fees other than those determined under sections 82 and 92 for the services that are prescribed by regulation or provided for in a subsidy agreement. Nor may a subsidized educational childcare provider request or receive, directly or indirectly, any administration, registration or management fees with respect to subsidized services, or any fees for putting a person on a waiting list to obtain a subsidized childcare space. Moreover, a subsidized educational childcare provider may not make a child’s admission subject to the payment by the parent of a higher contribution than that set by regulation or of any amount in addition to the set contribution. Nor may a subsidized educational childcare provider refuse to admit a child because the parent refuses to pay such a contribution or amount. Except to the extent provided by regulation, a subsidized educational childcare provider may not tolerate or permit a situation in which a child who occupies a subsidized childcare space is given additional goods or services for which any form of service or contribution is to be required directly or indirectly from the parent. 2005, c. 47, s. 86; 2009, c. 36, s. 93; 2015, c. 8, s. 167; 2020, c. 5, s. 4; 2022, c. 9, s. 97.

Section 86Verify source

§ 86.1Section 86.1Provision

Source excerpt

A person must not directly or indirectly induce a parent to pay more than the regulated contribution, or to pay a contribution the parent is exempt from paying.

86.1. No person may directly or indirectly induce a parent to pay more than the contribution set by regulation or to pay such a contribution the parent is exempted from paying. 2009, c. 36, s. 93; 2015, c. 8, s. 168; 2020, c. 5, s. 5.

Section 86.1Verify source

§ 87Section 87Provision

Source excerpt

A parent may apply to the Minister to review a decision about eligibility for payment of the regulated contribution or an exemption.

87. A parent who believes he or she has been wronged by the decision of a permit holder or home educational childcare coordinating office regarding the parent’s eligibility for payment of the contribution set by regulation or for an exemption may apply to the Minister for a review of the decision. The application must be made in writing within 90 days after the day on which the parent is notified of the decision, and must contain a brief summary of the grounds for the review. The Minister may grant an extension if the parent can show that he or she was unable, for serious and valid reasons, to act sooner. 2005, c. 47, s. 87; 2015, c. 8, s. 169; 2020, c. 5, s. 11; 2022, c. 9, s. 97.

Section 87Verify source

§ 88Section 88Provision

Source excerpt

The Minister must send a written decision, with reasons, to the parent and educational childcare provider concerned within 30 days after receiving the application.

88. Within 30 days after receiving the application, the Minister sends a written decision, with reasons, to the parent and educational childcare provider concerned. 2005, c. 47, s. 88; 2022, c. 9, s. 97.

Section 88Verify source

§ 88.1Section 88.1Repeal

Source excerpt

Section 88.1 is repealed.

88.1. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.1Verify source

§ 88.1.0.1Section 88.1.0.1Repeal

Source excerpt

This section is repealed.

88.1.0.1. (Repealed). 2017, c. 1, s. 443; 2020, c. 5, s. 6.

Section 88.1.0.1Verify source

§ 88.1.1Section 88.1.1Repeal

Source excerpt

Section 88.1.1 is repealed.

88.1.1. (Repealed). 2015, c. 36, s. 200; 2020, c. 5, s. 6.

Section 88.1.1Verify source

§ 88.2Section 88.2Repeal

Source excerpt

Section 88.2 is repealed.

88.2. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.2Verify source

§ 88.3Section 88.3Repeal

Source excerpt

Section 88.3 is repealed.

88.3. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.3Verify source

§ 88.4Section 88.4Repeal

Source excerpt

Section 88.4 is repealed.

88.4. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.4Verify source

§ 88.5Section 88.5Repeal

Source excerpt

Section 88.5 is repealed.

88.5. (Repealed). 2015, c. 8, s. 170; 2019, c. 14, s. 531; 2020, c. 5, s. 6.

Section 88.5Verify source

§ 88.6Section 88.6Repeal

Source excerpt

Section 88.6 is repealed.

88.6. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.6Verify source

§ 88.7Section 88.7Repeal

Source excerpt

Section 88.7 is repealed.

88.7. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.7Verify source

§ 88.8Section 88.8Repeal

Source excerpt

Section 88.8 is repealed.

88.8. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.8Verify source

§ 88.9Section 88.9Repeal

Source excerpt

Section 88.9 is repealed.

88.9. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.9Verify source

§ 88.10Section 88.10Repeal

Source excerpt

Section 88.10 is repealed.

88.10. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.10Verify source

§ 88.11Section 88.11Repeal

Source excerpt

Section 88.11 is repealed.

88.11. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.11Verify source

§ 88.12Section 88.12Repeal

Source excerpt

88.12. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.12Verify source

§ 88.13Section 88.13Repeal

Source excerpt

Section 88.13 is repealed.

88.13. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.13Verify source

§ 88.14Section 88.14Repeal

Source excerpt

Section 88.14 is repealed.

88.14. (Repealed). 2015, c. 8, s. 170; 2020, c. 5, s. 6.

Section 88.14Verify source

§ 89Section 89Provision

Source excerpt

The Minister may grant a subsidy to certain childcare-related applicants or holders, subject to the Minister’s conditions and priorities.

89. The Minister may, according to the conditions and priorities the Minister determines, grant a subsidy (1) to a childcare centre permit applicant, for the establishment of such a centre; (1.1) to an applicant for recognition as a home educational childcare provider, for the establishment of home childcare; or (2) to a childcare centre permit holder or a home educational childcare coordinating office, for funding purposes. 2005, c. 47, s. 89; 2022, c. 9, ss. 40 and 97.

Section 89Verify source

§ 90Section 90Provision

Source excerpt

The Minister may subsidize educational childcare providers for certain childcare services, subject to conditions and priorities set by the Minister.

90. The Minister may, according to the conditions and priorities the Minister determines, subsidize educational childcare providers for the provision of childcare services for which the contribution payable is set by the Government. The amount of such subsidies may vary depending on whether the educational childcare provider is a childcare centre permit holder, day care centre permit holder or home educational childcare provider. Such childcare is intended for children referred to in the first paragraph of section 2. Home educational childcare providers may not receive a subsidy for the childcare they provide, within their childcare operation, to their own children or to children who ordinarily live with them. Nor may they receive a subsidy for childcare provided to their assistants’ children or to children who ordinarily live with their assistants, if the services are provided at the children’s residence. 2005, c. 47, s. 90; 2015, c. 8, s. 171; 2020, c. 5, s. 11; 2022, c. 9, s. 97; 2022, c. 9, s. 41.

Section 90Verify source

§ 90.1Section 90.1Provision

Source excerpt

90.1. In order to foster social cohesion and facilitate the integration of children without regard to social or ethnic origin or religious affiliation, in keeping with the principle of State laicity, subsidized educational childcare providers must ensure that (1) children’s admission is not related to their learning a specific religious belief, dogma or practice; (2) the objective of educational activities, materials and communication is not to teach such a belief, dogma or practice; and (3) a repeated activity or practice stemming from a religious precept is not authorized if its aim, through words or actions, is to teach children a specific religious belief, dogma or practice. However, the purpose of the first paragraph is not to prevent (1) a special cultural event linked to a celebration with a religious connotation or a celebration originating from a religious tradition; (2) a diet based on a religious precept or a tradition; (3) the establishment of a program of activities to reflect the diversity of cultural and religious realities; and (4) participation in an activity whose theme is inspired by a custom. The Minister may, by a directive to subsidized educational childcare providers and home educational childcare coordinating offices, prescribe special terms to govern the application and implementation of this section. 2017, c. 19, s. 20; 2022, c. 9, s. 97; 2025, c. 17, s. 14.

Section 90.1Verify source

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Consumer Protection Act
Section 83.1
Criminal and Penal Prosecutions or to a police force provided for in section 72.7 of the Youth Protection Act
Section 81.2.36
Education Act
Section 2

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Health and Social Services under section 667.8 of the Act
Section 16.5

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Educational Childcare Act, 2005

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