Day Care Act

CHAPTER 120

OF THE

REVISED STATUTES, 1989


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Revise and Consolidate
the Day Care Services Act and
the Day Nurseries Act

Short title

1 This Act may be cited as the Day Care Act. R.S., c. 120, s. 1.

Interpretation

2 In this Act,

(a) "day care" means the providing of services pertinent to a childs physical, social, emotional and intellectual development apart from the childs parents or guardian but does not include

(b) "Director" means the Director appointed pursuant to this Act;

(c) "facility" means a building or part of a building at or in which day care is or may be provided but does not include a place such as a hospital or school which is subject to other statutory regulation;

(d) "license" means a license issued or renewed pursuant to this Act;

(e) "Minister" means the Minister of Social Services. R.S., c. 120, s. 2.

Director

3 For the purposes of this Act a Director may be appointed in accordance with the Civil Service Act. R.S., c. 120, s. 3.

License required

4 No person shall conduct, maintain, operate or manage a facility or hold out that a facility is being operated unless there is a valid license to operate the facility. R.S., c. 120, s. 4.

Application for license or renewal

5 (1) A person may make application in the prescribed form and manner for a license or the renewal of a license to operate a facility.

Issuance of license or renewal

(2) The Minister may issue or renew a license where he is satisfied that

(a) the applicant and the facility comply with the Act and the regulations; and

(b) the fee prescribed by regulation is paid.

Terms or conditions or restrictions

(3) The Minister may from time to time attach to any license such terms and conditions or restrictions as he deems advisable.

Form and expiry of license

(4) A license shall be in the form prescribed by the regulations and shall expire one year from the date on which it was issued or at such other time as the Minister may prescribe in the license. R.S., c. 120, s. 5.

Cancellation or suspension or refusal

6 (1) The Minister may cancel, suspend, refuse to issue or refuse to renew a license where he is satisfied that the holder of the license or an agent or employee of the holder of the license has violated any provision of this Act or the regulations or has not complied with any term, condition or restriction attached to the license.

Written reasons

(2) The Minister shall provide written reasons for the cancellation, suspension or refusal.

Review by Minister

(3) A person affected by the Ministers action taken pursuant to subsection (1) may request the Minister to review the action. R.S., c. 120, s. 6.

Deemed cancellation

7 A license shall be deemed to be cancelled when the person to whom it was issued ceases to operate or own the facility for which the license was issued. R.S., c. 120, s. 7.

Right of entry

8 (1) The Director, or a person acting on his behalf, may, at any reasonable time, enter a facility, or any place that he has reasonable grounds to believe is a facility and may examine the premises, equipment, facilities, books and records thereof.

Duty of owner or person in charge

(2) The owner or person in charge of a facility shall

(a) permit the Director, or a person acting on his behalf, at all reasonable times to enter and inspect the facility and examine the premises, equipment, facilities;

(b) produce to the Director, or person acting on his behalf, for examination, the accounts, books and records of the facility; and

(c) permit the Director, or any person acting on his behalf, to assess the program and services of the facility. R.S., c. 120, s. 8.

Records and returns and reports

9 The person to whom a license is issued shall forward to the Director such records, returns and reports as the Director requests and in the form and manner and within the time requested by the Director. R.S., c. 120, s. 9.

Alteration of facility

10 No person shall permit or cause a facility for which a license is in force to be altered so as to increase or decrease its capacity or to significantly affect the care of children without first submitting to the Minister plans of the alteration or addition and receiving the approval of the Minister. R.S., c. 120, s. 10.

Condition for holding out

11 No person shall advertise or hold out any place to be a facility or assume, use or display in connection with the place, any terms, signs, title or words which imply or lead the public to believe that the place is a facility, unless there is a valid license for that facility. R.S., c. 120, s. 11.

Municipal facility

12 (1) With the approval of the Minister, a municipal unit or two or more municipal units that enter an agreement may, directly or through an agent, erect, acquire, purchase, lease, alter, add to, improve, furnish and equip a building or part of a building as a facility and may purchase, lease or otherwise acquire land therefor and may operate and maintain a facility.

By-laws

(2) A facility provided or operated by a municipal unit shall be regulated by by-laws made by the council of the municipal unit subject to the approval of the Minister.

Joint operation

(3) A facility provided or operated by two or more municipal units or by an agent of one or more municipal units shall be regulated in the manner agreed upon by the Minister and the municipal unit or units.

Source of funds

(4) The sums required by a municipal unit for the establishment or operation of a facility shall be sums required for the ordinary lawful purposes of the municipal unit and shall be raised, levied and collected in the same manner and in all respects as other sums required for the ordinary lawful purposes of the municipal unit are raised, levied and collected.

"municipal unit" defined

(5) In this Section "municipal unit" means a municipality to which the Municipal Act applies, a city or a town. R.S., c. 120, s. 12.

Penalty

13 Every person failing to comply with any of the provisions of this Act or the regulations, or with any term, condition or restriction attached to a license, is liable on summary conviction to a penalty of not more than one hundred dollars and in default of payment to imprisonment for not more than fifty days. R.S., c. 120, s. 13.

Separate offence

14 Every day that a person fails to comply with any of the provisions of this Act or the regulations, or fails to comply with any term, condition or restriction attached to a license, constitutes a separate violation and the punishment may be imposed as many times as there are separate offences proved. R.S., c. 120, s. 14.

Regulations

15 (1) The Governor in Council may make regulations

(a) prescribing the form and contents of an application for a license;

(b) prescribing the manner of application for a license;

(c) prescribing the form and contents of a license;

(d) prescribing the fees to be paid for a license;

(e) prescribing the manner in which a license is to be displayed;

(f) respecting a review by the Minister of action taken by him pursuant to this Act;

(g) respecting records to be maintained by a facility;

(h) respecting the conditions, including the number of children in a facility and child-staff ratios, under which a facility may be licensed;

(i) respecting fees, subsidization, capital and operating costs;

(j) prescribing the qualifications of staff in a facility;

(k) requiring and prescribing standards of programs, services, health, space, fire protection and safety in or for a facility;

(l) respecting a day care advisory committee to the Minister;

(m) respecting the establishment of facilities;

(n) defining any word or expression used in this Act and not defined in this Act;

(o) respecting such other matters or things as are necessary to carry out the intent and purpose of this Act.

Regulations Act

(2) The exercise by the Governor in Council of the authority contained in subsection (1) shall be regulations within the meaning of the Regulations Act. R.S., c. 120, s. 15.

Existing facility

16 Any day nursery or day care centre licensed or registered under the former Day Nurseries Act or the former Day Care Services Act immediately before the first day of January, 1980, shall be deemed to be a facility and subject to this Act. R.S., c. 120, s. 16.

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