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Day Nurseries Act

R.S.O. 1990, CHAPTER D.2

Consolidation Period: From June 3, 2010 to the e-Laws currency date.

Last amendment: 2010, c. 10, ss. 24-28.

SKIP TABLE OF CONTENTS

CONTENTS

1.

Definitions

2.

Director

2.1

Geographic areas designated

2.2

Delivery agents

3.

Day nurseries

4.

Funding of private-home daycare

5.

Purchase of services

6.

Approval of corporations

7.

Suspension and revocation of approvals

7.1

Ministry as delivery agent

7.2

Agreements for provision of services and financial assistance re extended day programs

7.3

Cost sharing

7.4

Payments by Minister

7.5

Apportionment

7.6

Payment by municipalities

7.7

Payment, territory without municipal organization

8.

Payments

9.

Capital payments

10.

Where Director’s approval required

11.

Licence required

11.1

Licences, terms and conditions

12.

Refusal to issue or to renew, revocation

13.

Notice of proposal to refuse to issue or to revoke

14.

Review of terms of licence by Tribunal

15.

Directions where threat to children

16.

Program adviser

17.

Injunction proceedings

18.

Regulations

19.

Application for assistance

20.

Service

21.

Offence

Definitions

1.  (1)  In this Act,

“administrator” means the administrator appointed under section 2.2; (“administrateur”)

“approved corporation” means a corporation that,

(a) has been approved under section 6, and

(b) that is specified in the regulations or that is a member of a class prescribed in the regulations; (“personne morale agréée”)

“band” and “council of the band” have the same meaning as in the Indian Act (Canada); (“bande”, “conseil de la bande”)

“day nursery” means a premises that receives more than five children who are not of common parentage, primarily for the purpose of providing temporary care, or guidance, or both temporary care and guidance, for a continuous period not exceeding twenty-four hours, where the children are,

(a) under eighteen years of age in the case of a day nursery for children with a developmental disability, and

(b) under ten years of age in all other cases,

but does not include,

(c) part of a public school, separate school or private school within the meaning of the Education Act or part of a school continued or established under section 13 of the Education Act; (“garderie”)

“delivery agent” means a delivery agent designated under section 2.2; (“agent de prestation des services”)

“developmental disability” means a condition of mental impairment present or occurring during a person’s formative years, that is associated with limitations in adaptive behaviour; (“déficience intellectuelle”)

“Director” means an employee of the Ministry appointed by the Minister as a director for all or any of the purposes of this Act; (“directeur”)

“extended day program” has the same meaning as in the Education Act; (“programme de jour prolongé”)

“in-home services” means services provided for a child,

(a) in the child’s own home, or

(b) in a place other than the child’s own home where the child is receiving residential care; (“services à domicile”)

“licence” means a licence issued under this Act; (“permis”)

“Minister” means the Minister of Children and Youth Services or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“operator” means a person who has control or management of a day nursery or a private-home day care agency and “operate” has a corresponding meaning; (“exploitant”, “exploiter”)

“private-home day care” means the temporary care for reward or compensation of five children or less who are under ten years of age where such care is provided in a private residence, other than the home of a parent or guardian of any such child, for a continuous period not exceeding twenty-four hours; (“garde d’enfants en résidence privée”)

“private-home day care agency” means a person who provides private-home day care at more than one location; (“agence de garde d’enfants en résidence privée”)

“regulations” means the regulations made under this Act; (“règlements”)

“residential care” means boarding or lodging, or both, and may include specialized, sheltered or group care in conjunction with the boarding or lodging, or both; (“soins en établissement”)

“school board” means a board as defined in subsection 1 (1) of the Education Act; (“conseil scolaire”)

“Tribunal” means the Licence Appeal Tribunal. (“Tribunal”) R.S.O. 1990, c. D.2, s. 1; 1997, c. 30, Sched. C, s. 1 (1, 2); 1999, c. 12, Sched. G, s. 21 (1, 2); 2001, c. 13, s. 14 (1-4); 2002, c. 17, Sched. F, Table; 2009, c. 33, Sched. 7, s. 2 (1); 2010, c. 10, s. 24.

(2)  Repealed: R.S.O. 1990, c. D.2, s. 1 (3).

(3)  Spent: 1997, c. 30, Sched. C, s. 1 (3). (See: O. Reg. 500/00, s. 1.)

Director

2.  (1)  The Minister may appoint one or more persons to act as a Director. R.S.O. 1990, c. D.2, s. 2 (1).

Duties of Director

(2)  A Director shall perform the duties imposed and may exercise the powers conferred upon a Director by this Act or the regulations or by any other Act or regulation thereunder. R.S.O. 1990, c. D.2, s. 2 (2).

Acting Director

(3)  Where a Director is absent or there is a vacancy in the office of a Director, the powers and duties of the Director shall be exercised and performed by such employee of the Ministry as the Minister may designate. R.S.O. 1990, c. D.2, s. 2 (3).

Geographic areas designated

2.1  The Minister shall by regulation designate geographic areas of Ontario for the purposes of this Act. 1997, c. 30, Sched. C, s. 2.

Delivery agents

2.2  (1)  The Minister may by regulation designate a municipality, band or prescribed board as a delivery agent for each geographic area. 1997, c. 30, Sched. C, s. 2.

Terms and conditions

(2)  The Minister may attach terms and conditions to a designation under subsection (1). 1997, c. 30, Sched. C, s. 2.

Powers and duties of delivery agent

(3)  A delivery agent shall have the prescribed powers and duties. 1997, c. 30, Sched. C, s. 2.

Record keeping

(4)  Each delivery agent shall keep information collected under this Act in the form and electronic system required by the Director. 1997, c. 30, Sched. C, s. 2.

Administrator

(5)  Each delivery agent shall appoint an administrator. 1997, c. 30, Sched. C, s. 2.

Contracting authority, delivery agent

(6)  A delivery agent may enter into an agreement with regard to any matter relating to the delivery agent’s powers and duties under this Act, subject to the restrictions or conditions in the designation as delivery agent. 1997, c. 30, Sched. C, s. 2.

Contracting authority, municipality

(6.1)  The council of a municipality may enter into an agreement with a delivery agent under subsection (6) and, if it does so, the municipality has all of the powers and duties of the delivery agent that relate to the subject-matter of the agreement. 1999, c. 12, Sched. E, s. 2.

Contracting authority, school board

(6.2)  A school board may enter into an agreement with a delivery agent under subsection (6) regarding the provision of financial assistance to persons who are charged fees in respect of extended day programs and the agreement may provide that the school board has some or all of the powers and duties of the delivery agent that relate to the provision of the financial assistance. 2010, c. 10, s. 25.

Revoke designation

(7)  The Minister may revoke a designation under this section. 1997, c. 30, Sched. C, s. 2.

Day nurseries

Establishment by municipalities

3.  (1)  The council of a municipality may, subject to this Act and the regulations, by by-law provide for the establishment of day nurseries. R.S.O. 1990, c. D.2, s. 3 (1).

By-laws re grants

(2)  The council of a municipality may pass by-laws granting aid to day nurseries. R.S.O. 1990, c. D.2, s. 3 (2).

Agreements to provide day nurseries

(3)  A delivery agent may, subject to this Act and the regulations, enter into an agreement with the operator of a day nursery for the furnishing of day nursery services for such children as is agreed upon, and the administrator may make expenditures as are necessary for the purpose. R.S.O. 1990, c. D.2, s. 3 (3); 1997, c. 30, Sched. C, s. 3 (1).

Establishment, etc., of day nurseries by Minister

(4)  The Minister may,

(a) with the approval of the Lieutenant Governor in Council, establish day nurseries in territory without municipal organization;

(b) enter into an agreement with the operator of a day nursery for the furnishing of day nursery services for such children residing in territory without municipal organization as is agreed upon; and

(c) direct payment of expenditures as are necessary for the purposes of clauses (a) and (b). R.S.O. 1990, c. D.2, s. 3 (4); 1997, c. 30, Sched. C, s. 3 (2).

Funding of private-home daycare

By-laws re grant

4.  (1)  The council of a municipality may pass by-laws granting aid to any person providing private-home day care. R.S.O. 1990, c. D.2, s. 4 (1).

Agreement to furnish private-home day care

(2)  A delivery agent may enter into an agreement with any person for the furnishing of private-home day care, and the administrator may make expenditures as are necessary for the purpose. R.S.O. 1990, c. D.2, s. 4 (2); 1997, c. 30, Sched. C, s. 4 (1).

Agreement with Minister

(3)  The Minister may enter into an agreement with any person for furnishing private-home day care in territory without municipal organization and may direct payment of expenditures as are necessary for the purpose. R.S.O. 1990, c. D.2, s. 4 (3); 1997, c. 30, Sched. C, s. 4 (2).

Purchase of services

Agreement to purchase in-home services

5.  (1)  A delivery agent may enter into an agreement to purchase in-home services for a child from any person and may direct payment of expenditures as are necessary for the purpose. R.S.O. 1990, c. D.2, s. 5 (1); 1997, c. 30, Sched. C, s. 5.

Idem

(2)  The Minister may enter into an agreement to purchase in-home services for a child from any person and may direct payment of expenditures as are necessary for the purpose. R.S.O. 1990, c. D.2, s. 5 (2).

Agreement to purchase services

(3)  The Minister may enter into an agreement to purchase services for a child enrolled in a day nursery or in receipt of private-home day care and may direct payment of expenditures as are necessary for the purpose. R.S.O. 1990, c. D.2, s. 5 (3).

Approval of corporations

6.  (1)  Where the Minister is satisfied that any corporation is, with financial assistance under this Act and the regulations, financially capable of establishing, maintaining and operating a day nursery and that its affairs are carried on under competent management in good faith, the Minister may approve the corporation for the payment of grants under this Act and the regulations. R.S.O. 1990, c. D.2, s. 6 (1).

Funding of corporations

(2)  Where the Minister intends to approve a corporation under subsection (1), the Minister may enter into an agreement with the corporation for the establishment of a day nursery upon such terms and conditions as may be agreed and may direct payment of expenditures as are necessary for the purpose. R.S.O. 1990, c. D.2, s. 6 (2).

Suspension and revocation of approvals

7.  (1)  Subject to this section, any approval given under section 6 may be suspended or revoked by the Minister where,

(a) any director, officer or employee of the approved corporation has contravened or knowingly permitted any person under the control and direction of the director, officer or employee, as the case may be, to contravene any provision of this Act or the regulations; or

(b) the approval would be refused if application were being made for it in the first instance. R.S.O. 1990, c. D.2, s. 7 (1).

Notice of proposal to suspend or revoke

(2)  Subject to subsection (10), where the Minister proposes to suspend or revoke an approval of a corporation given under this Act, the Minister shall, except where the approval is suspended or revoked with the consent of the approved corporation, serve notice of the Minister’s proposal to suspend or revoke the approval, together with written reasons therefor, on the approved corporation. R.S.O. 1990, c. D.2, s. 7 (2).

Notice requiring hearing

(3)  A notice under subsection (2) shall inform the approved corporation that it is entitled to a hearing under this section if the corporation mails or delivers, within fifteen days after the notice under subsection (2) is served on it, notice in writing, to the Minister requiring a hearing and the corporation may so require a hearing. R.S.O. 1990, c. D.2, s. 7 (3).

Powers of Minister where no hearing

(4)  Where the approved corporation does not require a hearing under this section in accordance with subsection (5), the Minister may carry out the proposal stated in the Minister’s notice under subsection (2) without a hearing. R.S.O. 1990, c. D.2, s. 7 (4).

Hearing

(5)  Where the approved corporation requires a hearing under subsection (3), the Minister shall cause a hearing to be held to determine whether the approval should be suspended or revoked. R.S.O. 1990, c. D.2, s. 7 (5).

Idem

(6)  Where the Minister causes a hearing to be held, the hearing shall be held by a person or persons appointed by the Minister other than a person or persons in the employment of the Ministry. R.S.O. 1990, c. D.2, s. 7 (6).

Application of Statutory Powers Procedure Act

(7)  Sections 4 to 16 and 21 to 24 of the Statutory Powers Procedure Act apply with respect to a hearing under this section. R.S.O. 1990, c. D.2, s. 7 (7).

Report to Minister

(8)  The person or persons holding a hearing under this section shall, at the conclusion of the hearing, make a report to the Minister setting out,

(a) the findings of fact and any information or knowledge used by the person or persons in making any recommendations, any conclusions of law arrived at relevant to the recommendations; and

(b) the recommendations of the person or persons as to the suspension or revocation of the approval,

and shall send a copy of the report to the persons affected by the report. R.S.O. 1990, c. D.2, s. 7 (8).

Decision of Minister

(9)  After considering a report made under this section, the Minister may suspend or revoke the approval to which the report relates and shall give notice of the Minister’s decision to the persons affected, specifying the reasons therefor. R.S.O. 1990, c. D.2, s. 7 (9).

Provisional suspension of approval

(10)  Despite this section, the Minister, by notice to the persons affected and without a hearing, may provisionally suspend an approval given under this Act where the continuation of operations in accordance with the approval is, in the Minister’s opinion, an immediate threat to the public interest and the Minister so states in such notice giving reasons therefor, and thereafter the Minister shall cause a hearing to be held and subsections (2) to (9) apply. R.S.O. 1990, c. D.2, s. 7 (10).

Ministry as delivery agent

7.1  (1)  The Ministry may act as a delivery agent for a geographic area if the Minister determines that it is necessary to do so. 1997, c. 30, Sched. C, s. 6.

Administrator

(2)  The Minister shall appoint an administrator in a geographic area in which the Ministry is the delivery agent. 1997, c. 30, Sched. C, s. 6.

Agreements for provision of services and financial assistance re extended day programs

7.2  (1)  The Minister may enter into agreements with municipalities, delivery agents or other persons or entities, on the terms and conditions that may be agreed, respecting the provision of,

(a) the prescribed services; and

(b) financial assistance to persons who are charged fees in respect of extended day programs. 2010, c. 10, s. 26.

Personal information

(2)  An agreement under this section shall provide for the ownership, collection, use, disclosure and safeguarding of privacy of personal information and for a person’s access to his or her own personal information, subject to the prescribed conditions. 1997, c. 30, Sched. C, s. 6.

Same

(3)  If the Minister determines that it is necessary to do so, the Minister may enter into an agreement under subsection (1) that provides for a person to exercise some or all of the powers and carry out some or all of the duties of the delivery agent in a geographic area. 1997, c. 30, Sched. C, s. 6.

Same

(4)  If an agreement is made with a person under subsection (3) under which the person is to exercise some of the powers and duties of a delivery agent,

(a) the person shall provide the services specified in the agreement;

(b) the delivery agent shall not provide the services specified in the agreement; and

(c) the delivery agent shall pay to Ontario the amounts required to be provided by it for its share of the costs of the services specified in the agreement, as prescribed. 1997, c. 30, Sched. C, s. 6.

Deemed reference

(5)  If an agreement is made with a person under subsection (3) under which the person is to exercise all of the powers and duties of a delivery agent,

(a) a reference to a delivery agent in this Act or the regulations shall be deemed to be a reference to the person with whom the agreement is made and a reference to an administrator in this Act or the regulations shall be deemed to be a reference to the administrator appointed by the person; and

(b) the person shall appoint an administrator. 1997, c. 30, Sched. C, s. 6.

Cost sharing

7.3  (1)  The prescribed costs incurred under this Act shall be shared by Ontario, municipalities, and persons living in territory without municipal organization in accordance with the regulations. 1997, c. 30, Sched. C, s. 6.

Municipal costs

(2)  A municipality shall pay its share of the prescribed costs incurred under this Act, despite section 106 of the Municipal Act, 2001 or section 82 of the City of Toronto Act, 2006. 1997, c. 30, Sched. C, s. 6; 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 11.

Payments by Minister

Payments to delivery agents

7.4  (1)  The Minister shall pay to every delivery agent,

(a) an amount determined in accordance with the regulations for Ontario’s share of the delivery agent’s costs that are to be shared under section 7.3; and

(b) if there is territory without municipal organization in the delivery agent’s geographic area, the amount determined in accordance with the regulations for that territory’s share of the delivery agent’s costs that are to be shared under section 7.3. 1997, c. 30, Sched. C, s. 6.

Payments to person

(2)  The Minister shall pay to every municipality, delivery agent or person that enters into an agreement under section 7.2 an amount determined under the agreement. 1997, c. 30, Sched. C, s. 6.

Apportionment

7.5  (1)  If a geographic area includes more than one municipality, the municipalities’ share of the delivery agent’s costs incurred under this Act shall be apportioned among the prescribed municipalities in accordance with the regulations. 1997, c. 30, Sched. C, s. 6.

Apportionment of Ontario’s costs

(2)  The municipal share of the costs incurred by the Ministry under this Act shall be apportioned in accordance with the regulations. 1997, c. 30, Sched. C, s. 6.

Payment by municipalities

7.6  (1)  Each municipality shall pay the amounts required to be provided by it for its share of the delivery agent’s costs under this Act to the delivery agent for its geographic area, on demand. 1997, c. 30, Sched. C, s. 6.

Same, if agreement under s. 7.2 (5)

(2)  If a person is exercising all of the powers of a delivery agent as provided under subsection 7.2 (5), each municipality shall pay the amounts required to be provided by it for its share of the person’s costs under this Act to Ontario, in accordance with the regulations. 1997, c. 30, Sched. C, s. 6.

Same, for Ontario’s costs

(3)  Each municipality shall pay to Ontario the amounts required to be provided by it under this Act with respect to the municipal share of the costs incurred by the Ministry under this Act. 1997, c. 30, Sched. C, s. 6.

Penalty

(4)  The delivery agent or Ontario, as the case may be, may impose on a municipality a percentage charge as a penalty for non-payment of amounts payable under this section. 1997, c. 30, Sched. C, s. 6.

Collection of debts

(5)  An amount owing to Ontario by a municipality or a delivery agent under this Act is a debt owing to the Crown in right of Ontario and may be recovered by any remedy or procedure available to the Crown by law. 1997, c. 30, Sched. C, s. 6.

Payment, territory without municipal organization

7.7  The amount required to be provided by persons living in territory without municipal organization with respect to the costs that are to be shared under section 7.3 may be collected under the Provincial Land Tax Act, 2006 as if the amount was tax imposed under that Act. 2006, c. 33, Sched. Z.3, s. 5.

Payments

8.  (1)Repealed: 1997, c. 30, Sched. C, s. 7 (1).

Payments to bands

(2)  There shall be paid to every band an amount determined in accordance with the regulations towards the cost incurred,

(a) for the operation and maintenance of a day nursery established by the council of the band; and

(b) under agreements entered into by the council of the band,

(i) with the operator of a day nursery for the furnishing of services for such children as is agreed upon,

(ii) with any person for the furnishing of private-home day care, or

(iii) with any person to purchase in-home services for a child. R.S.O. 1990, c. D.2, s. 8 (2).

Payment to approved corporations

(3)  There shall be paid to every approved corporation an amount determined in accordance with the regulations for the operation and maintenance of a day nursery maintained and operated by the corporation. R.S.O. 1990, c. D.2, s. 8 (3).

Time and manner of payment

(4)  An amount payable to a municipality, a delivery agent, a band or an approved corporation under this Act,

(a) shall be paid at the time or times and in the manner as is prescribed by the regulations;

(b) may in special circumstances be paid in respect of persons,

(i) who are in receipt of private-home day care and have a developmental disability, in addition to those persons described in the definition of private-home day care under section 1, and

(ii) who are under twelve years of age and are enrolled in a day nursery or in receipt of private-home day care and who do not have a developmental disability, in addition to those persons under ten years of age in the definition of a day nursery under section 1 and those persons described in the definition of private-home day care under section 1;

(c) shall, in respect of a child who is,

(i) enrolled in a day nursery and who attains the age of 18 years, where the child has a developmental disability, or the age of 10 years, where the child does not have a developmental disability,

(ii) in receipt of private-home day care and attains the age of ten years,

(iii) a person referred to in subclause (b) (i) where there are special circumstances, and who attains the age of eighteen years, or

(iv) a person referred to in subclause (b) (ii) where there are special circumstances, and who attains the age of twelve years,

be paid in respect of such child,

(v) where the child attains such age after the commencement of the school year and before the 1st day of January in the school year, until the 1st day of January, or

(vi) where the child attains such age in a school year after the 1st day of January in the school year, until the completion of the school year. R.S.O. 1990, c. D.2, s. 8 (4); 1997, c. 30, Sched. C, s. 7 (2); 2001, c. 13, s. 14 (5-7).

Capital payments

9.  (1)  Where the Minister has approved the erection of a new building, an addition to an existing building, the purchase or other acquisition of an existing building, the structural alteration or the renovation or the furnishing and equipping of a building by a municipality, band or approved corporation for use in whole or in part as a day nursery, the Minister may direct payment to the municipality, band or approved corporation, as the case may be, of an amount determined in accordance with the regulations towards the cost of the new building, addition, acquisition, structural alteration, renovation or furnishing and equipping, as the case may be, that is applicable to the day nursery. R.S.O. 1990, c. D.2, s. 9 (1).

Time and manner of payment

(2)  An amount payable to a municipality, a band or an approved corporation under this section shall be paid at the time or times and in the manner as is prescribed by the regulations. R.S.O. 1990, c. D.2, s. 9 (2).

Where Director’s approval required

10.  (1)  No municipality, band or approved corporation shall change the site, structure or use of, or sell, lease, mortgage or otherwise dispose of any part of or interest in any day nursery, in respect of which the municipality, band or approved corporation, as the case may be, has received payment under section 9, without the approval in writing of a Director, and such approval may be made subject to such conditions for repayment in whole or in part of any such payment as the Director considers advisable. R.S.O. 1990, c. D.2, s. 10 (1).

Recovery of whole or part of payment

(2)  Where a municipality, band or approved corporation changes the site, structure or use of, or sells, leases, mortgages or otherwise disposes of any part of, or interest in any day nursery without the approval of a Director, or where such approval has been given, is in default of any condition for repayment imposed under subsection (1), the whole or any part of any payment under section 9 in respect of the day nursery may be recovered as a debt due to the Crown from the municipality, band or approved corporation, as the case may be,

(a) out of money payable by Ontario to the municipality, band or approved corporation under the authority of any Act; or

(b) by proceedings in any court of competent jurisdiction. R.S.O. 1990, c. D.2, s. 10 (2).

Licence required

11.  (1)  No person shall establish, operate or maintain a day nursery or a private-home day care agency, as the case may be, except under the authority of a licence issued by a Director under this Act. R.S.O. 1990, c. D.2, s. 11 (1).

Issuance of licence

(2)  Subject to section 12, any person who applies in accordance with this Act and the regulations for a licence to establish, operate or maintain a day nursery or a private-home day care agency, as the case may be, and pays the prescribed fee is entitled to be issued a licence by a Director subject to such terms and conditions as the Director may prescribe. R.S.O. 1990, c. D.2, s. 11 (2).

Idem

(3)  Despite subsection (2), a licence to establish, operate or maintain a day nursery or a private-home day care agency shall not be issued to a partnership or association of persons. R.S.O. 1990, c. D.2, s. 11 (3).

Renewal of licence

(4)  Subject to section 12, a Director shall renew a licence of a day nursery or a private-home day care agency, as the case may be, on application therefor by the licensee in accordance with this Act and the regulations and payment of the prescribed fee and the renewal shall be subject to such terms and conditions as the Director may prescribe. R.S.O. 1990, c. D.2, s. 11 (4).

Provisional licence

(5)  Subject to section 12, where an applicant for a licence or a renewal of a licence does not meet all the requirements for the issuance of a licence or renewal thereof and requires time to meet such requirements, a Director may, subject to such terms and conditions as the Director may prescribe, issue a provisional licence for such period or periods as the Director considers necessary to afford the applicant an opportunity to meet the requirements. R.S.O. 1990, c. D.2, s. 11 (5).

Not transferable

(6)  A licence is not transferable. R.S.O. 1990, c. D.2, s. 11 (6).

Notice of change

(7)  Where the licensee is a corporation, the licensee shall notify a Director in writing within fifteen days of any change in the officers or directors of the corporation. R.S.O. 1990, c. D.2, s. 11 (7).

Licences, terms and conditions

11.1  During the course of a licence, a Director may impose terms and conditions on the licence or amend the terms and conditions on the licence. 2009, c. 33, Sched. 7, s. 2 (2).

Refusal to issue or to renew, revocation

12.  (1)  Subject to section 13, a Director may refuse to issue a licence where in the Director’s opinion,

(a) the applicant or any employee of the applicant or, where the applicant is a corporation, its officers, directors or employees is or are not competent to establish, operate or maintain a day nursery or a private-home day care agency, as the case may be, in a responsible manner in accordance with this Act and the regulations;

(b) the past conduct of the applicant or any employee of the applicant or, where the applicant is a corporation, of its officers, directors or employees, affords reasonable grounds for belief that the day nursery or the private-home day care agency, as the case may be, will not be established, operated or maintained in accordance with this Act and the regulations; or

(c) the building or buildings or accommodation in which the applicant proposes to establish, operate or maintain the day nursery or provide private-home day care, as the case may be, does not comply with the requirements of this Act and the regulations. R.S.O. 1990, c. D.2, s. 12 (1).

Revocation or refusal to renew

(2)  Subject to section 13, a Director may refuse to renew or may revoke a licence issued to a day nursery or a private-home day care agency, where in the Director’s opinion,

(a) the licensee or any employee of the licensee, or where the licensee is a corporation, any officer, director or employee thereof, has contravened or has knowingly permitted any person under the control or direction of or associated with the licensee, officer, director or employee, as the case may be, to contravene,

(i) any provision of this Act or the regulations or of any other Act or the regulations thereunder applying to the establishment, operation or maintenance of the day nursery or the provision of private-home day care, as the case may be, or

(ii) any term or condition of the licence;

(b) the building or buildings or accommodation in which the day nursery is established, operated or maintained or the private-home day care is provided, does not comply with the requirements of this Act and the regulations;

(c) the day nursery is established, operated or maintained or the private-home day care is provided in a manner that is prejudicial to the health, safety or welfare of the children cared for in the day nursery or in the place or places where private-home day care is provided;

(d) any person has made a false statement in the application for the licence or renewal thereof, or in any report, document or other information required to be furnished by this Act or the regulations or by any other Act or regulation that applies to the day nursery or private-home day care agency, as the case may be; or

(e) a change in the officers or directors of the applicant would, if the applicant were applying for the licence in the first instance, afford grounds for refusing to issue a licence under clause (1) (b). R.S.O. 1990, c. D.2, s. 12 (2).

Notice of proposal to refuse to issue or to revoke

13.  (1)  Where a Director proposes under section 12 to refuse to issue a licence or to refuse to renew or to revoke a licence issued under that section, the Director shall cause notice to be served of the Director’s proposal together with written reasons therefor, on the applicant or the licensee, as the case may be. R.S.O. 1990, c. D.2, s. 13 (1).

Notice requiring hearing

(2)  A notice under subsection (1) shall inform the applicant or licensee, as the case may be, that the applicant or licensee is entitled to a hearing by the Tribunal if the applicant or licensee mails or delivers, within fifteen days, after the notice is served on the applicant or licensee, notice in writing to the Director and to the Tribunal, requiring a hearing and the applicant or licensee, as the case may be, may so require such a hearing. R.S.O. 1990, c. D.2, s. 13 (2); 1999, c. 12, Sched. G, s. 21 (3).

Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 21 (3), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000. See: 1999, c. 12, Sched. G, s. 21 (4).

Powers of Director where no hearing

(3)  Where an applicant or licensee does not require a hearing by the Tribunal in accordance with subsection (2), the Director may carry out the proposal stated in the Director’s notice under subsection (1) without a hearing. R.S.O. 1990, c. D.2, s. 13 (3); 1999, c. 12, Sched. G, s. 21 (3).

Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 21 (3), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000. See: 1999, c. 12, Sched. G, s. 21 (4).

Powers of Tribunal where hearing

(4)  Where an applicant or licensee requires a hearing by the Tribunal in accordance with subsection (2), the Tribunal shall appoint a time for and hold the hearing and, at the hearing, may by order direct the Director to carry out the Director’s proposal or refrain from carrying out the Director’s proposal and to take such action as the Tribunal considers the Director ought to take in accordance with this Act and the regulations, and, for such purposes, the Tribunal may substitute its opinion for that of the Director. R.S.O. 1990, c. D.2, s. 13 (4); 1999, c. 12, Sched. G, s. 21 (3).

Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 21 (3), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000. See: 1999, c. 12, Sched. G, s. 21 (4).

Application of Child and Family Services Act

(5)  Sections 199, 201 and 202 of Part IX of the Child and Family Services Act apply with necessary modifications to proceedings before the Tribunal, to the powers of the Tribunal under this Act and to appeals therefrom. R.S.O. 1990, c. D.2, s. 13 (5); 1999, c. 12, Sched. G, s. 21 (3).

Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 21 (3), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000. See: 1999, c. 12, Sched. G, s. 21 (4).

Continuation of licence pending renewal

(6)  Where, within the time prescribed therefor or, if no time is prescribed, before expiration of a licence, a licensee has applied for renewal of a licence and paid the prescribed fee, the licence shall be deemed to continue,

(a) until the renewal is granted; or

(b) where the licensee is served with notice that the Director proposes to refuse to grant the renewal, until the time for requiring a hearing has expired and, where a hearing is required, until the Tribunal has made its decision. R.S.O. 1990, c. D.2, s. 13 (6); 1999, c. 12, Sched. G, s. 21 (3).

Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 21 (3), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000. See: 1999, c. 12, Sched. G, s. 21 (4).

Review of terms of licence by Tribunal

14.  (1)  Where a licensee is dissatisfied with the terms and conditions prescribed by a Director under subsection 11 (2), (4) or (5) or section 11.1, the licensee may, within 15 days after the licence is received by the licensee, by written notice given to the Director and the Tribunal, require a hearing by the Tribunal and the Tribunal shall appoint a time for and hold a hearing. R.S.O. 1990, c. D.2, s. 14 (1); 1999, c. 12, Sched. G, s. 21 (3); 2009, c. 33, Sched. 7, s. 2 (3).

Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 21 (3), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000. See: 1999, c. 12, Sched. G, s. 21 (4).

Decision of Tribunal

(2)  The Tribunal, pursuant to a hearing under subsection (1), may affirm the terms and conditions prescribed for the licence by a Director under subsection 11 (2), (4) or (5) or may cancel such terms and conditions or may prescribe such other terms and conditions for the licence in lieu of those prescribed by the Director as it considers proper. R.S.O. 1990, c. D.2, s. 14 (2); 1999, c. 12, Sched. G, s. 21 (3).

Note: Despite the amendment made by the Statutes of Ontario, 1999, chapter 12, Schedule G, subsection 21 (3), members of the Child and Family Services Review Board immediately before April 1, 2000 shall be members of the Licence Appeal Tribunal for the purpose of performing the duties of the Tribunal with respect to proceedings before the Board that were commenced before April 1, 2000. See: 1999, c. 12, Sched. G, s. 21 (4).

Receipt

(3)  For the purposes of subsection (1), a licence shall be deemed to be received by a licensee on the tenth day after the day of mailing of the licence unless the person to whom the licence is issued establishes that the person did not receive it or did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the licence until a later date. R.S.O. 1990, c. D.2, s. 14 (3).

Directions where threat to children

15.  (1)  Where, in the opinion of a Director, there is a threat to the health, safety or welfare of the children cared for in a day nursery or in receipt of private-home day care from a private-home day care agency, as the case may be, the Director shall,

(a) give such direction or directions in writing as the Director considers necessary to the operator or to any person on the premises of the day nursery or premises where private-home day care is provided who appears to be in charge of the children being cared for, directing the operator or person in charge, as the case may be, immediately or within such period of time as the Director specifies to eliminate the threat to the health, safety, or welfare of the children or to protect the children from such threat,

and may,

(b) direct in writing that the day nursery shall not be used as a day nursery or that private-home day care not be provided on the premises that is the subject of the direction referred to in clause (a) until the Director’s direction or directions are complied with. R.S.O. 1990, c. D.2, s. 15 (1).

Notice to parents, etc.

(2)  Where the Director gives a direction under clause (1) (b), the Director may,

(a) notify the parents or guardians of the children enrolled in the day nursery or in receipt of private-home day care, as the case may be, of the direction; and

(b) cause to be affixed to the premises of the day nursery or premises where private-home day care is provided, as the case may be, a notice in the prescribed form and no person except the Director or a program adviser designated under section 16 shall remove the notice unless authorized by the Director or a program adviser. R.S.O. 1990, c. D.2, s. 15 (2).

Suspension of licence

(3)  Despite section 13, where a direction is given by the Director under subsection (1), the licence of the day nursery or private-home day care agency, as the case may be, shall be deemed to be suspended without a hearing until the Director is satisfied that the direction has been complied with and upon suspension the provisions of section 13 apply as if the direction were a notice of a proposal to revoke the licence under subsection 13 (1). R.S.O. 1990, c. D.2, s. 15 (3).

Program adviser

16.  (1)  The Minister may designate in writing any person to be a program adviser with such powers and duties for the purposes of this Act and the regulations and subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the designation. R.S.O. 1990, c. D.2, s. 16 (1).

Remuneration and expenses

(2)  The remuneration and expenses of any person appointed under subsection (1) who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 shall be fixed by the Minister. R.S.O. 1990, c. D.2, s. 16 (2); 2006, c. 35, Sched. C, s. 25.

Powers of program advisers

(3)  A program adviser may at all reasonable times and upon producing proper identification enter any day nursery or any private-home day care agency or premises used by a private-home day care agency to provide private-home day care, or any premises that the program adviser on reasonable and probable grounds believes is being used as a day nursery or private-home day care agency or is being used to provide private-home day care by a private-home day care agency and inspect the facilities, the services provided and the books of account, and other records in any such premises. R.S.O. 1990, c. D.2, s. 16 (3).

Access for inspections

(4)  Every person when requested so to do by a program adviser shall permit the entry and inspection by the program adviser of the premises referred to in subsection (3) and shall produce and permit inspection of the books of account, enrolment records and other records therein and supply extracts therefrom. R.S.O. 1990, c. D.2, s. 16 (4).

Obstructing inspection

(5)  No person shall hinder or obstruct a program adviser in the performance of the program adviser’s duties or refuse to permit the program adviser to carry out such duties or refuse to furnish the program adviser with information or furnish the program adviser with false information. R.S.O. 1990, c. D.2, s. 16 (5).

Injunction proceedings

17.  (1)  A Director may apply to the Superior Court of Justice by notice of application for an order enjoining any person acting in contravention of subsection 11 (1) or 15 (1), and the court in its discretion may make such an order and the order may be entered and enforced in the same manner as any other order or judgment of the court. R.S.O. 1990, c. D.2, s. 17 (1); 2006, c. 19, Sched. C, s. 1 (1).

Idem

(2)  Any person may apply to the Superior Court of Justice for an order varying or discharging any order made under subsection (1). R.S.O. 1990, c. D.2, s. 17 (2); 2006, c. 19, Sched. C, s. 1 (1).

Regulations

18.  (1)  The Lieutenant Governor in Council may make regulations governing the management, operation and use of day nurseries and private-home day care agencies and classes of either of them and premises where private-home day care is provided by a private-home day care agency and governing the provision of financial assistance to persons who are charged fees in respect of extended day programs, and without limiting the generality of the foregoing may make regulations,

(a) defining “common parentage” for the purpose of the definition of “day nursery” under section 1;

(a.1) respecting the powers and duties of administrators;

(a.2) prescribing the powers and duties of a delivery agent;

(b) governing the accommodation, facilities, equipment and services to be provided in,

(i) day nurseries, and

(ii) premises where private-home day care is provided by a private-home day care agency, or any class thereof;

(c) governing the establishment, construction, alteration and renovation of,

(i) day nurseries, and

(ii) premises where private-home day care is provided by a private-home day care agency,

or any class thereof;

(d) prescribing the conditions to be maintained in private residences where private-home day care is furnished under an agreement between a municipality, a delivery agent, a council of the band or the Minister and any person;

(e) providing for the inspection of private residences in which private-home day care is furnished under an agreement between a municipality, a delivery agent, the council of the band or the Minister and any person;

(f) prescribing the qualifications of persons supervising children in a day nursery or any class thereof or on a premises where private-home day care is provided under an agreement between a municipality, a delivery agent, the council of the band or the Minister and any person;

(g) establishing and approving courses of instruction for persons supervising children in day nurseries or any class thereof or on premises where private-home day care is provided and providing for the granting of certificates to those persons who have satisfactorily completed the course of instruction or who otherwise meet the prescribed qualifications;

(h) governing the issuance, renewal and expiration of licences and the fees payable by an applicant for a licence or renewal thereof;

(i) governing applications by municipalities, delivery agents, bands and approved corporations for payments under this Act and prescribing the method, time, manner and the terms and conditions for the payment thereof and providing for the suspension and withholding of payment and for the making of deductions from payments;

(j) requiring the approval of the Minister of budgets submitted and expenditures incurred for the purposes of this Act and the regulations by municipalities, delivery agents, bands and approved corporations;

(k) prescribing classes of corporations with members that may be approved under section 6 and specifying corporations not members of such classes that may be approved under section 6;

(l) prescribing classes of payment for the purposes of this Act and determining the amount of any such payment;

(l.1) respecting the costs incurred under this Act to which cost sharing should apply and providing for how they are to be shared, including the apportioning of those costs among Ontario, municipalities and persons living in territory without municipal organization, and prescribing the municipalities to which cost sharing applies;

(l.2) respecting the determination of the amounts Ontario shall pay to delivery agents and delivery agents shall pay to Ontario and the methods of determining those amounts, providing for the manner in which and the intervals at which payments shall be made, for the suspension or withholding of amounts payable by Ontario or part of them and for making deductions from them;

(l.3) respecting the apportionment among municipalities in a geographic area of their share of the delivery agent’s costs incurred under this Act and, for the purpose, prescribing the municipalities that must share in that apportionment and the manner in which that share shall be recovered;

(l.4) providing for the recovery by Ontario from a municipality or a delivery agent of any amounts paid by Ontario under this Act for which the municipality or delivery agent is liable and prescribing the circumstances and manner in which any recovery may be made;

(l.5) providing that, until a delivery agent is designated for a geographic area, the costs incurred under this Act be apportioned by a prescribed municipality or a prescribed board in accordance with a regulation under subsection (3) among the municipalities in the area, requiring the municipalities to pay their share of the costs to the prescribed municipality or board, and prescribing the municipality or board for such purposes;

(m) prescribing the manner of computing costs for the purposes of this Act;

(n) prescribing classes of capital payment for the purposes of section 9, the circumstances under which any such payment or class thereof may be paid, and determining the amounts of any such payments or classes thereof;

(o) prescribing the accounts and records to be kept, claims, returns, and reports to be made and information to be provided and requiring budgets to be submitted by municipalities, delivery agents, bands, approved corporations, private-home day care agencies and day nurseries and prescribing to whom such information is to be provided;

(p) governing the confidentiality of,

(i) accounts and records required to be kept and claims, returns and reports to be made under this Act and the regulations, and

(ii) information provided to a day nursery, private-home day care agency or school board;

(q) prescribing the amounts to be contributed towards the cost of private-home day care, services provided in a day nursery or extended day programs on behalf of persons in receipt of such services, and prescribing persons required to contribute such amounts;

(r) prescribing forms and providing for their use;

(s) prescribing additional powers and duties of a Director;

(t) prescribing the terms and conditions upon which in-home services or any class thereof may be provided and prescribing the class or classes of person who may be eligible for such in-home services;

(u) for the purposes of this Act and the regulations, defining “services” and “facilities” and prescribing classes of services and facilities;

(v) prescribing terms and conditions to be included in any agreement entered into under section 3, 4 or 5;

(w) exempting designated approved corporations, day nurseries, municipalities, delivery agents, bands, or private-home day care agencies from specified provisions of this Act or the regulations for such period or periods of time as the regulations prescribe;

(x) governing the fees that shall be charged for services provided for private-home day care or in a day nursery;

(y) prescribing additional powers and duties of program advisers;

(z) prescribing “special circumstances” for the purposes of clause 8 (4) (b);

(z.1) prescribing any matter referred to in this Act as prescribed;

(z.2) defining any word or expression used in this Act that has not been defined in this Act;

(z.3) governing the application of the provisions of this Act and the regulations to circumstances in which a school board and the Minister enter into an agreement regarding the provision of financial assistance to persons who are charged fees in respect of extended day programs;

(z.4) if the Lieutenant Governor in Council considers it advisable, adapting or modifying the provisions of this Act and the regulations for the purpose of their application to the circumstances referred to in clause (z.3);

(z.5) providing for such transitional matters as the Lieutenant Governor in Council considers advisable relating to the provision of financial assistance for extended day programs. R.S.O. 1990, c. D.2, s. 18; 1997, c. 30, Sched. C, s. 8 (1-10); 2010, c. 10, s. 27.

Regulations, Minister

(2)  The Minister may make regulations,

(a) prescribing what delivery agents and municipalities are required to do in carrying out their functions and the procedures and practices to be followed by delivery agents;

(b) designating geographic areas and delivery agents for those geographic areas, for the purposes of this Act;

(c) prescribing policy statements which shall be applied in the interpretation and application of this Act and the regulations. 1997, c. 30, Sched. C, s. 8 (11).

Apportionment, payment by municipalities

(3)  A regulation under clause (1) (l.3) or (l.5) may do one or more of the following:

1. Authorize municipalities in a geographic area to determine by agreement how their costs are to be apportioned, subject to the prescribed conditions.

2. Provide for an arbitration process for determining how the costs of those municipalities are to be apportioned.

3. Set out the manner in which costs of those municipalities are to be apportioned. 1997, c. 30, Sched. C, s. 8 (11).

Same

(4)  A regulation under paragraph 1 or 2 of subsection (3) may,

(a) provide for the manner in which costs are to be apportioned and for the time and manner in which they are to be paid, on an interim basis, until such time as an agreement is reached or as a determination is made by arbitration;

(b) permit an agreement or the arbitration decision to apply to costs incurred and paid before the agreement or the arbitration decision is reached; and

(c) provide for the reconciliation of amounts paid on an interim basis. 1997, c. 30, Sched. C, s. 8 (11).

Retroactive regulation

(5)  A regulation under clause (1) (l.1), (l.2), (l.3), (l.4), (l.5) or (m) may, if it so provides, be effective with respect to a period before it is filed that commences on January 1, 1998. 1997, c. 30, Sched. C, s. 8 (11).

Same

(6)  If a regulation under paragraph 3 of subsection (3) is retroactive, it may provide for the reconciliation of amounts paid. 1997, c. 30, Sched. C, s. 8 (11).

Application for assistance

19.  (1)  An application for assistance towards the cost of private-home day care, services provided in a day nursery or extended day programs on behalf of persons in receipt of such services may be made,

(a) where the services are provided in a day nursery operated by a municipality, band or approved corporation or under an agreement entered into under subsection 3 (3), to the person who plans and directs the program of the day nursery and who is in charge of the children;

(b) where the assistance is for private-home day care under an agreement entered into under subsection 4 (3), to the person who plans and directs the day care program and carries out visits of inspection; or

(c) to any person or class of persons designated in writing by the Minister. R.S.O. 1990, c. D.2, s. 19 (1); 1997, c. 30, Sched. C, s. 9 (1); 2010, c. 10, s. 28.

(2)  Repealed: 1997, c. 30, Sched. C, s. 9 (2).

Service

20.  (1)  Unless otherwise provided for in this Act or the regulations, any notice required to be given, delivered, filed or served under this Act or the regulations is sufficiently given, delivered, filed or served if delivered personally or sent by registered mail addressed to the person to whom delivery or service is required to be made at the person’s last known address. R.S.O. 1990, c. D.2, s. 20 (1).

Idem

(2)  Where service is made by mail, the service shall be deemed to be made on the tenth day after the day of mailing unless the person on whom service is being made establishes that the person did not receive it or did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice until a later date. R.S.O. 1990, c. D.2, s. 20 (2).

Offence

21.  (1)  Every person who,

(a) knowingly furnishes false information in any application under this Act or in any statement, report or return required to be furnished under this Act or the regulations;

(b) contravenes the provisions of subsection 11 (1);

(c) fails to comply with a direction of the Director under section 15; or

(d) fails to comply with an order made by a court under section 17,

and every director, officer or employee of a corporation who knowingly concurs in such contravention or failure by the corporation is guilty of an offence and on conviction by the court is liable to a fine of not more than $2,000 for each day on which such offence continues or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. D.2, s. 21 (1).

Idem

(2)  Every person who contravenes the provisions of section 16 and every director, officer or employee of a corporation who knowingly concurs in such contravention by the corporation is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years, or to both. R.S.O. 1990, c. D.2, s. 21 (2).

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