Regulations to abide by based on Bill 10, Childcare Modernization Act 2014

1. Provide care for 5 children or less (at a time) under the age of 12 with no more than 2 under the age of 2
unlicensed child care, five children or less
2. The child care provided at the premises meets the following criteria:
i. The child care is provided for no more than five children at any one time or, if a lesser number is prescribed by the regulations, no more than the prescribed number of children at any one time.
ii. There is no agreement between a home child care agency and the child care provider that provides for the agency’s oversight of the provision of care.
iii. The group of children does not include more than two children who are younger than two years old.

2. Be clear of all child related offences
9. (1) No individual shall provide child care, operate a premises where child care is provided or enter into an agreement described in section 7 if:
1. The individual has been convicted of any of the following offences:
i. An offence under this Act.
ii. An offence under any of the following sections of the Criminal Code (Canada):
A. Section 151 (sexual interference).
B. Section 163.1 (child pornography).
C. Section 215 (duty of persons to provide necessaries).
D. Section 229 (murder).
E. Section 233 (infanticide).
iii. Any other federal or provincial offence prescribed by the regulations.
2. The individual has been found guilty of professional misconduct under the Early Childhood Educators Act, 2007, the Ontario College of Teachers Act, 1996, the Social Work and Social Service Work Act, 1998 or another prescribed Act, and based on that finding,
i. the individual’s membership in the regulatory body established under that Act was revoked and the individual has not been readmitted since that time,
ii. a certificate or documentation issued to the individual under that Act that authorized the individual to practice was revoked and has not been reissued since that time, or
iii. the individual’s authority to practice was restricted in any other way prescribed by the regulations.

3. Provide access to your child at all times
Access to child
10. (1) No person providing child care, or operating a premises at which child care is provided, shall prevent a parent from having access to his or her child except,
(a) if the person believes on reasonable grounds that the parent does not have a legal right of access to the child; or
(b) in the circumstances prescribed by the regulations.

4. Provide access to the premises while care is being provided
Access to premises
(2) No person providing child care at a premises, or operating the premises, shall prevent a parent from entering the premises while child care is provided there for his or her child except,
(a) if the person believes on reasonable grounds that the parent does not have a legal right of access to the child;
(b) if the person believes on reasonable grounds that the parent could be dangerous to the children at the premises;
(c) if the parent is behaving in a disruptive manner; or
(d) in the circumstances prescribed by the regulations.

5. Prohibits the use of certain terms linked to licensing
Prohibition – use of terms re licensing
11. (1) No person shall use the following terms in connection with a program or service that includes the provision of temporary care for or supervision of children, or a premises where such a program or service is provided, unless the temporary care for or supervision of children is licensed child care:
1. Child care centre.
2. Licensed child care centre.
3. Licensed child care.
4. Licensed day care.
5. Home child care agency.
6. Licensed home child care agency.
7. Licensed home child care.
8. Any other term prescribed by the regulations.
Same
(2) Subsection (1) also applies to the use of,
(a) a variation, an abbreviation or an abbreviation of a variation of a term listed in subsection (1); or
(b) an equivalent in another language,
(i) of a term listed in subsection (1), or
(ii) of a variation, an abbreviation or an abbreviation of a variation of such a term.
Holding out as licensed
(3) No person shall represent or hold out expressly or by implication that he, she or it is licensed to operate a child care centre or as a home child care agency, unless the person is licensed under this Act.
Same, home child care agency
(4) No person who provides temporary care for or supervision of children shall represent or hold out expressly or by implication that the care or supervision is overseen by a home child care agency unless it is in fact overseen by a home child care agency that is licensed under this Act.
6. Duty to provide written disclosure that the care is not licenced
Duty to retain record of disclosure
(2) A person who makes a disclosure in accordance with subsection (1) shall retain a record of the disclosure in a prescribed manner for at least the prescribed time period, or if no time period is prescribed, for at least two years from the date the disclosure is made.
Duty to act in accordance with regulations
13. (1) Any person who provides child care, operates a premises where child care is provided or enters into an agreement described in section 7 shall do so in accordance with the regulations.

7. Prohibits the use or terms in accreditation
Use of terms re accreditation
17. (1) If the regulations so provide, no person shall use, in connection with a child care or early years program or service, a term prescribed by the regulations indicating that the program or service has been provided with an accreditation, certification or other designation, except in accordance with the regulations.
Same
(2) Subsection (1) also applies to the use of,
(a) a variation, an abbreviation or an abbreviation of a variation of a term referred to in subsection (1); or
(b) an equivalent in another language,
(i) of a term referred to in subsection (1), or
(ii) of a variation, an abbreviation or an abbreviation of a variation of such a term.
Holding out as accredited
(3) If the regulations so provide, no person shall represent or hold out expressly or by implication that a child care or early years program or service has been provided with an accreditation, certification or other designation indicating that it meets certain standards or requirements, except in accordance with the regulations.

8. Duty of all to report
Duty to report certain matters to director
18. (1) If, in the course of employment, it comes to the attention of a person prescribed by the regulations that there are reasonable grounds to suspect that there is an imminent threat to the health, safety or welfare of any child for whom child care is provided, the person shall immediately report the suspicion and the information on which it is based to a director.
Investigation
(2) If a suspicion is reported to a director under subsection (1), the director shall have an inspector conduct an inspection or make inquiries for the purpose of ensuring compliance with this Act and the regulations.
Solicitor-client privilege
(3) Nothing in this section abrogates any privilege that may exist between a solicitor and the solicitor’s client.
Duty to report under Child and Family Services Act
(4) Nothing in this section affects the duty to report a suspicion under section 72 of the Child and Family Services Act.
Publication of information
19. (1) The Minister shall publish the following on a government website:
1. A summary of each compliance order made under section 36.
2. A summary of each protection order made under section 37.
3. A summary of each notice of administrative penalty issued under section 39, unless the notice was rescinded or overturned.
4. A summary of each conviction for an offence listed under section 77 and the penalties imposed.
9. Duty to provide receipt for payment
15. Upon request, any licensee or child care provider shall provide a receipt for payment to a person who pays the licensee or child care provider for child care, and the receipt shall be provided free of charge and in accordance with the regulations.