NEWFOUNDLAND AND LABRADOR REGULATION 41/22

NLR 39/17
as amended

1. (1) Paragraph 2(h) of the Child Care Regulations is amended by deleting the words "his or her" and substituting the word "a".

(2) Section 2 of the regulations is amended by adding immediately after paragraph (1) the following:

(l.1) "not-for-profit corporation" means

(i) a corporation incorporated under the Corporations Act without share capital that operates exclusively to provide child care services for the benefit of the community without financial gain to the members of the corporation, and

(ii) a co-operative incorporated under the Co-operatives Act whose primary purpose is to provide child care services for the benefit of the community;

(3) Paragraph 2(m) of the regulations is repealed.

(4) Section 2 of the regulations is amended by adding immediately after paragraph (o) the following:

(o.1) "pre-kindergarten age range" means attending a pre-kindergarten program and an age range from 3 years and 8 months old up to 5 years and 9 months old;

(o.2) "pre-kindergarten program" means a child care service that is

(i) operated by a not-for-profit corporation solely for children in the pre-kindergarten age range before school entry, and

(ii) provided in a centre located in a school under the Schools Act, 1997 or where there is no space available in a school, a facility approved by the minister;

(5) Section 2 of the regulations is amended by adding immediately after paragraph (p) the following:

(p.1) "provincial early learning framework" means a framework established by the province that is designed to provide support and guidance in the provision of child care services to ensure an optimal learning environment to build a strong foundation for the growth, development and well-being of children;

(p.2) "school age range" means attending school and an age range from 4 years and 8 months old up to 13 years old;

(6) Paragraph 2(s) of the regulations is repealed.

2. Paragraph 4(1)(b) of the regulations is amended by deleting the words "his or her" and substituting the words "the administrator's".

3. (1) Paragraph 5(2)(a) of the regulations is amended by deleting the words "he or she" and substituting the words "the applicant".

(2) Paragraph 5(2)(b) of the regulations is amended by deleting the words "his or her".

4. Paragraph 11(1)(a) of the regulations is amended by deleting the words "he or she" and substituting the words "the applicant".

5. (1) Subparagraph 16(2)(b)(i) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

(2) Paragraph 16(3)(c) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

6. Section 18 of the regulations is amended by deleting the words "he or she" and substituting the words "the child".

7. (1) Subsection 21(1) of the regulations is amended by deleting the word "and" at the end of paragraph (e), deleting the period at the end of paragraph (f) and substituting a semi-colon and the word "and" and by adding immediately after paragraph (f) the following:

(g) follow the provincial early learning framework.

(2) Paragraph 21(3)(c) of the regulations is repealed and the following substituted:

(c) a period of rest for children in the infant age range, toddler age range, pre-school age range and pre-kindergarten age range.

8. Paragraph 22(c) of the regulations is repealed and the following substituted:

(c) where the indoor play materials are used by children in the pre-school age range, the pre-kindergarten age range, the school age range or any 2 of those age ranges, cleaned and disinfected at least once weekly or more where necessary.

9. Subsection 23(1) of the regulations is repealed and the following substituted:

Telephone

23. (1) A facility shall have a telephone which shall be in good working order while children are participating in the child care service.

10. Subsection 26(4) of the regulations is repealed and the following substituted:

(4) Where children in the infant age range, toddler age range, pre-school age range or pre-kindergarten age range are registered in the child care service, an administrator of that child care service shall ensure that electrical outlets are capped when not in use.

11. Subsection 28(2) of the regulations is repealed and the following substituted:

(2) Paragraphs (a) and (b) apply to clothing, bedding and grooming materials provided by a parent for a child participating in the child care service.

12. Subsection 29(3) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

13. Subsection 31(3) of the regulations is amended by deleting the words "his or her" and substituting the word "the".

14. (1) Subsection 33(1) of the regulations is amended by deleting the words "he or she".

(2) Subsection 33(4) of the regulations is amended by deleting the words "he or she" and substituting the words "the child".

15. (1) Section 35 of the regulations is amended by adding immediately after subsection (1) the following:

(1.1) Where a child care service provider solely operates a pre-kindergarten program and the food preparation and storage area is not located in the homeroom, the child care service provider shall

(a) ensure that the food to be used by the child care service is stored securely and is only accessible to employees, students or volunteers of the child care service; and

(b) submit a plan regarding the storage, preparation and delivery of food to the homeroom to a manager for approval.

(2) Subsection 35(2) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

16. (1) Paragraph 36(6)(b) of the regulations is amended by deleting the words "his or her own" and substituting the word "the".

(2) Paragraph 36(6)(d) of the regulations is amended by deleting the words "he or she is".

17. Subsection 38(4) of the regulations is repealed.

18. Paragraph 45(2)(d) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".

19. (1) Subsection 53(6) of the regulations is repealed and the following substituted:

(6) Notwithstanding subsection (4), a child is not required to change homerooms between September 1 of a year and August 31 of the following year even though the child may have a birthday that moves the child into a different age range where on September 1

(a) the children assigned to the child’s homeroom are in the school age range; or

(b) the child is in the infant age range or the toddler age range and the child participates in a child care service that is operated in a school under the Schools Act, 1997 and is for children of persons who are enrolled in and attend the school.

(2) Subsection 53(8) of the regulations is repealed and the following substituted:

(8) Notwithstanding subsection (4), children of 2 age ranges may be assigned to the same homeroom, where all the children in the homeroom are

(a) in the infant age range or the toddler age range and none of the children are one year old or younger and not more than 3 children are 2 years old or younger;

(b) in the toddler age range or the pre-school age range and none of the children are 2 years old or younger and not more than 5 children are 3 years old or younger; or

(c) in the pre-school age range or the school age range and none of the children are 3 years old or younger and no children are 7 years or older.

20. (1) Subsections 54(4) to (6) of the regulations are repealed and the following substituted:

(4) A maximum of 20 children shall be assigned to a homeroom of children in the pre-kindergarten age range and the caregiver to child ratio for that homeroom shall be one caregiver to 10 children.

(5) A maximum of 30 children shall be assigned to a homeroom of children in the school age range and the caregiver to child ratio for that homeroom shall be one caregiver to 15 children.

(6) At least one caregiver who has at least level I certification shall be assigned to every homeroom of children in the infant age range, toddler age range, pre-school age range and school age range and that caregiver shall also have the applicable classification for the age range of the children participating in the homeroom.

(2) Section 54 of the regulations is amended by adding immediately after subsection (6) the following:

(6.1) At least one caregiver who has at least level III certification and a pre-kindergarten classification shall be assigned to every homeroom of children in the pre-kindergarten age range.

(6.2) All caregivers who are considered to be a part of the caregiver to child ratio in a pre-kindergarten program shall complete an orientation course regarding the provincial early learning framework.

(3) Subsection 54(11) of the regulations is repealed.

21. (1) Section 55 of the regulations is amended by adding immediately after subsection (3) the following:

(3.1) Notwithstanding paragraph (3)(a), where the centre operates a pre-kindergarten program, the person shall, in addition to the requirements in paragraph (3)(a), hold at least a level III certification in child care provided in a centre with a pre-kindergarten classification.

(2) Subsection 55(4) of the regulations is repealed and the following substituted:

(4) A manager may waive one of the requirements under subsection (3) or (3.1) for an administrator in relation to a specific child care service.

22. Subsection 58(6) of the regulations is repealed and the following substituted:

(6) Where children in the infant age range or the toddler age range are assigned to a homeroom, that homeroom shall have a washroom area within it with a diapering station and a child sized washbasin and shall permit supervision of both the homeroom and the washroom area at the same time.

23. (1) Subsection 60(2) of the regulations is repealed.

(2) Paragraph 60(4)(b) of the regulations is amended by deleting the words "he or she" and substituting the words "the child".

24. (1) Section 66 of the regulations is amended by adding immediately after subsection (1.1) the following:

(1.2) A manager may waive one or more of the requirements under subsections 58(4), 59(1) and 59(2), paragraph 60(4)(a) and subsection 60(5) where the child care service provides child care for children in the school age range and is operated in a school under the Schools Act, 1997, a church or other community facility.

(2) Subsection 66(3) of the regulations is amended by deleting the words "he or she" and substituting the words "the person".

25. The regulations are amended by adding immediately after section 66 the following:

Waiver of requirements for pre-kindergarten program

66.1 Where a child care service provider solely operates a pre-kindergarten program, a manager may waive

(a) the requirements under subsections 59(1) and (2) where

(i) an alternate plan for the administration area and the keeping of records of children is submitted, and

(ii) the plan is approved by the manager;

(b) the requirements under paragraph 60(1)(b) and subsections 60(5) and (6) where

(i) an alternate plan for access to washrooms and toilets is submitted,

(ii) the plan referred to in subparagraph (i) ensures that the washroom for the child care service provider, employees, students and volunteers is different from the washroom for children, and

(iii) the plan is approved by the manager; and

(i) an alternate plan for access to and use of outdoor play materials and equipment including a schedule of use is submitted,

(ii) a plan for the use of existing outdoor play area structures and temporary enclosures is submitted which includes a clearly defined designated outdoor play area to be used by the pre-kindergarten program,

(iii) a plan for any necessary renovations required to be completed to ensure that the child care service complies with the requirements under subsections 39(2), 39(3) and 63(1) in the time period determined by the manager is submitted, and

(iv) the plans referred to in subparagraphs (i), (ii) and (iii) are approved by the manager.

26. Subsection 69(8) of the regulations is repealed and the following substituted:

(8) Notwithstanding anything in this section, not more than 7 children shall participate in a child care service operated in a family home at one time where none of those children are in the infant age range and no more than 2 children are in toddler age range.

27. (1) Section 70 of the regulations is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1), where the child care service provider's own children participate in a child care service outside of the family home, subsection (1) does not apply where

(a) the child care service provider submits an alternate child care plan for the child care service provider's children; and

(b) the plan is approved by the manager or agency.

(2) Subsection 70(2) of the regulations is repealed and the following substituted:

(2) Where the child care service provider's own children include more than 2 children who are in the school age range, 2 of those children shall not be counted toward the number of children participating in the child care service under section 69.

28. Paragraph 74(c) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

29. Paragraph 75(e) of the regulations is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

30. Subparagraph 77(3)(b)(i) of the regulations is amended by deleting the words "his or her" and substituting the words "the person's".

31. Paragraph 81(a) of the regulations is repealed and the following substituted:

(a) holds at least level IV certification and has experience in a child care service operated under a valid child care service licence;

Transitional

32. Notwithstanding the coming into force of these regulations, the age range of children who may participate in the child care service that is stated on a child care service provider’s licence or approval issued by a licensed agency shall continue to apply until the licence or approval expires or is renewed, varied, suspended or revoked.

Commencement

33. These regulations come into force on August 15, 2022.