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NEWFOUNDLAND AND LABRADOR
REGULATION 39/17

Child Care Regulations
under the
Child Care Act

Amended by:

66/17

70/17

 

NEWFOUNDLAND AND LABRADOR
REGULATION 39/17

Child Care Regulations
under the
Child Care Act

(Filed May 10, 2017)

Under the authority of section 34 of the Child Care Act, I make the following regulations.

Dated at St. John’s , May 8, 2017.

Dale Kirby
Minister of Education and Early Childhood Development

REGULATIONS

Analysis


       
1.   Short title

       
2.   Definitions

              PART I
LICENCES

       
3.   Exemptions

       
4.   Child care service licence applications

       
5.   Family homes

       
6.   Agency licence applications

       
7.   Providing documentation

       
8.   Application to vary a licence

              PART II
CERTIFICATION

       
9.   Application

     
10.   Generally

     
11.   Levels

     
12.   Term

     
13.   Renewal

              PART III
REQUIREMENTS OF CHILD CARE SERVICES AND FACILITIES

     
14.   Application

     
15.   Multiple services

     
16.   Requirements for employees, students and volunteers

     
17.   Waiver

     
18.   Registration mandatory

     
19.   Supervision

     
20.   Behaviour guidance policies

     
21.   Program

     
22.   Indoor play materials

     
23.   Telephone

     
24.   Baby monitors

     
25.   Furniture and equipment

     
26.   Health and safety generally

     
27.   Secure facility

     
28.   Clothing, bedding and grooming materials

     
29.   Diapering and toileting

     
30.   Allergies and other restrictions

     
31.   Medication

     
32.   Poisonous, hazardous and flammable substances

     
33.   Illness, accidents, communicable diseases and incidents

     
34.   Emergency procedures

     
35.   Food handling and preparation

     
36.   Nutrition

     
37.   Animals

     
38.   Travel

     
39.   Outdoor play areas and structures

     
40.   Public outdoor play areas

     
41.   Outdoor play materials

     
42.   Requirements while outdoors

     
43.   Records generally

     
44.   Enrolment register

     
45.   Daily register

     
46.   Individual records

     
47.   Personnel records

     
48.   Notifying parents generally

     
49.   Notifying parents - investigations

     
50.   Hours of operation

     
51.   Insurance coverage

              PART IV
CENTRES

     
52.   Application

     
53.   Homerooms

     
54.   Caregiver to child ratio

     
55.   Administrator

     
56.   Indoor space generally

     
57.   Prohibited furniture and equipment

     
58.   Requirements of homerooms

     
59.   Administrative area

     
60.   Washroom area

     
61.   Building

     
62.   Outdoor play area generally

     
63.   Enclosure and surface

     
64.   Outdoor play structures

     
65.   Inspections of outdoor play areas

     
66.   Waiver of building and outdoor play area requirements

              PART V
FAMILY HOMES

     
67.   Application

     
68.   Floor space

     
69.   Caregiver to child ratio

     
70.   Child care service provider's children

     
71.   First aid kit

     
72.   Furniture and equipment

     
73.   Outdoor play area

     
74.   Records of residents

              PART VI
AGENCIES

     
75.   Monitors

     
76.   Duties of monitors

     
77.   Records to be kept

     
78.   File

     
79.   Notifying parents and managers

     
80.   Insurance coverage

              PART VII
INSPECTORS

     
81.   Qualifications

              PART VIII
TRANSITIONAL AND COMMENCEMENT

     
82.   Transitional

     
83.   Repeal

     
84.   Commencement


Short title

        1. These regulations may be cited as the Child Care Regulations .

39/17 s1

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Definitions

        2. In these regulations

             (a)  "Act" means the Child Care Act ;

             (b)  "administrator" means,

                      (i)  in relation to a child care service that is operated in a centre, a person designated under section 55, and

                     (ii)  in relation to a child care service that is operated in a family home, the person referred to in section 69;

             (c)  "caregiver" means a person who provides care or supervision or both to children while they are participating in a child care service but does not include a student or a volunteer;

             (d)  "caregiver to child ratio" means the applicable ratio under section 54 or 69 of the number of caregivers to the number of children participating in a child care service;

             (e)  "centre" means a facility in which a child care service is operated that is not a family home;

             (f)  "certification" means the certification granted under Part II;

             (g)  "diploma" includes a certificate;

             (h)  "family home" means a facility in which a child care service provider lives and operates his or her child care service;

              (i)  "full-time child care service" means a child care service that is operated either in a single facility for more than 4 hours total a day or by a child care service provider for more than 4 hours total a day;

              (j)  "homeroom" means a homeroom referred to in section 53;

             (k)  "infant age range" means an age range from birth up to 2 years old;

              (l)  "medication" does not include

                      (i)  sunscreen,

                     (ii)  insect repellent, or

                    (iii)  topical cream used to prevent or treat diaper rash,

unless it is prescribed by a person authorized to do so by an Act of the province;

           (m)  "older school age range" means an age range from 6 years and 9 months old up to 13 years old;

             (n)  "orientation course" means an orientation course approved by the minister;

             (o)  "participate" means to attend or take part in the activities or arrangements of a child care service including travel where that travel is offered or arranged in conjunction with the child care service;

             (p)  "pre-school age range" means not attending school and an age range from 2 years and 9 months old up to 5 years and 9 months old;

             (q)  "toddler age range" means an age range from one year and 6 months old up to 3 years old;

              (r)  "travel" includes travel by foot, bicycle and vehicle; and

             (s)  "younger school age range" means an age range from 4 years and 9 months old up to 7 years old.

39/17 s2; 66/17 s1

PART I
LICENCES

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Exemptions

        3. (1) A child care service provider is exempt from the requirement to hold a child care service licence where one or both of the following apply:

             (a)  the child care service operated by the child care service provider is offered for less than 10 hours a week; or

             (b)  the child care service provider has

                      (i)  3 or fewer children participating in the child care service and all of the children are in the infant age range, or

                     (ii)  4 or fewer children participating in the child care service and 2 or fewer of the children are in the infant age range.

             (2)  The child care service provider's own children shall be counted toward the number of children under paragraph (1)(b).

             (3)  The minister may exempt a child care service provider from the requirement to hold a child care service licence.

             (4)  A person shall request an exemption under subsection (3) in writing.

39/17 s3

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Child care service licence applications

        4. (1) The following documentation shall be provided to a manager as part of an application for a new child care service licence or to renew a child care service licence to operate a child care service in either a centre or a family home:

             (a)  a description of the program of the child care service referred to in section 21;

             (b)  with respect to each administrator, a copy of his or her

                      (i)  certification, 

                     (ii)  most recent diploma in first aid, and

                    (iii)  current record of immunization;

             (c)  a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for each administrator of the child care service;

             (d)  plans of the facility;

             (e)  proof of provincial and municipal approvals required to operate the child care service;

             (f)  proof of insurance coverage from an insurance company or a letter from an insurance company showing its intent to provide insurance coverage;

             (g)  where the child care service provider is incorporated, proof of incorporation and a current record of good standing of the corporation; and

             (h)  any other documentation required by a manager.

             (2)  The documents listed in paragraph (1)(c) shall be issued within the 3 months before they are provided.

             (3)  Where the application is for a child care service licence to operate a child care service in a centre, the plans required under paragraph (1)(d) shall be professionally drawn to scale and show the areas of the centre.

             (4)  Where the application is for a child care service licence to operate a child care service in a family home, the plans required under paragraph (1)(d) shall be drawn to scale and show the areas of the family home to be used for the child care service.

39/17 s4

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Family homes

        5. (1) The applicant for a child care service licence to operate a child care service in a family home shall be the administrator of that child care service.

             (2)  In addition to the documentation listed in subsection 4(1), an applicant for a child care service licence to operate a child care service in a family home shall provide

             (a)  proof that he or she lives in the family home in which the child care service is operated; and

             (b)  his or her consent and the consent of all residents of the family home who are 16 years old or older to permit a manager to access information from departments, agencies, boards and commissions of the government of the province regarding their suitability to care for or be in contact with children.

39/17 s5

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Agency licence applications

        6. The following documentation shall be provided to a manager as part of an application for a new agency licence or to renew an agency licence:

             (a)  a description of the agency's policies and procedures;

             (b)  proof of provincial and municipal approvals required to operate the agency;

             (c)  proof of insurance coverage from an insurance company or a letter from an insurance company showing its intent to provide insurance coverage; and

             (d)  where the agent is incorporated, proof of incorporation and a current record in good standing of the corporation.

39/17 s6

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Providing documentation

        7. Where an application is for a new licence, the documentation referred to in subsection 4(1), subsection 5(2) and section 6 may be provided at any time before the licence is issued.

39/17 s7

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Application to vary a licence

        8. An application to vary a licence shall include the documentation a manager determines necessary for the application.

39/17 s8

PART II
CERTIFICATION

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Application

        9. (1) An applicant shall apply for certification in writing to the minister in the form prescribed by the minister.

             (2)  The following documentation shall be provided to the minister as part of an application for certification:

             (a)  a copy of all diplomas and transcripts;

             (b)  where applicable, an evaluation from an accreditation service; and

             (c)  where applicable, proof of certification from another province or territory in Canada .

39/17 s9

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Generally

      10. Certification shall set out

             (a)  the level of certification;

             (b)  the type of facility, either a centre or a family home, in which a person is certified to be a caregiver; and

             (c)  the age range of children to whom the person is certified to be a caregiver.

39/17 s10

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Levels

      11. (1) The minister may grant an applicant trainee certification to be a caregiver

             (a)  in a centre where the applicant has successfully completed an orientation course and provides proof that he or she is registered at a post-secondary institution in an early childhood education program approved by the minister; and

             (b)  in a family home where the applicant has successfully completed an orientation course.

             (2)  The minister may grant an applicant level I certification where the applicant has successfully completed an orientation course and holds a diploma from a post-secondary institution in a one year program in early childhood education approved by the minister.

             (3)  The minister may grant an applicant level II certification where the applicant has successfully completed an orientation course and holds a diploma from a post-secondary institution in a 2 year program in early childhood education approved by the minister.

             (4)  The minister may grant an applicant level III certification where the applicant has successfully completed an orientation course and holds

             (a)  a diploma from a post-secondary institution in a 3 year program in early childhood education approved by the minister;

             (b)  a diploma from a post-secondary institution in a 2 year program in early childhood education approved by the minister and has completed a one year post-diploma specialization; or

             (c)  a degree from a university approved by the minister and a diploma from a post-secondary institution in a one year program in early childhood education approved by the minister.

             (5)  The minister may grant an applicant level IV certification where the applicant holds

             (a)  a degree in early childhood education from a university approved by the minister; or

             (b)  a degree from a university approved by the minister and a diploma from a post-secondary institution in a 2 year program in early childhood education approved by the minister.

             (6)  The minister may accept equivalent education or training.

39/17 s11

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Term

      12. (1) Certification other than trainee certification is valid for a maximum of 3 years.

             (2)  Trainee certification is valid for a maximum of one year.

39/17 s12

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Renewal

      13. (1) An applicant who seeks to renew certification shall apply in writing to the minister in the form prescribed by the minister.

             (2)  The minister may renew trainee certification to be a caregiver in a centre where the applicant provides

             (a)  proof of completion of at least 2 early childhood education courses approved by the minister from a post-secondary institution; or

             (b)  all of the following:

                      (i)  proof of registration in an early childhood education program approved by the minister at a post-secondary institution,

                     (ii)  proof that courses required for the early childhood education program referred to in subparagraph (i) are not available, and

                    (iii)  proof of at least 10 hours of professional learning approved by the minister.

             (3)  The minister may renew trainee certification to be a caregiver in a centre

             (a)  a maximum of 4 times under paragraph (2)(a); or

             (b)  a maximum of 6 times where 2 of those times are under paragraph (2)(b).

             (4)  The minister may renew trainee certification to be a caregiver in a family home where the applicant provides proof of at least 10 hours of professional learning approved by the minister.

             (5)  Where an applicant seeks to renew trainee certification and that applicant held entry level certification under the Child Care Services Act for at least 10 years immediately before the coming into force of these regulations, the minister may renew the applicant's trainee certification where the applicant provides proof of at least 10 hours of professional learning approved by the minister.

             (6)  The minister may renew certification other than trainee certification before the certification expires where the applicant provides proof of completion of at least one hour of professional learning approved by the minister for every month that has passed since the date the certification was granted.

             (7)  The minister may renew certification other than trainee certification after the certification expires where the applicant provides proof of completion of

             (a)  at least one hour of professional learning approved by the minister for every month between the date the certification was granted and the date it expired; and

             (b)  at least one hour of professional learning approved by the minister for every month that has passed since the date the certification expired.

             (8)  Notwithstanding subsections (6) and (7), an applicant is not required to complete more than 30 hours of professional learning under subsection (6) or 60 hours of professional learning under subsection (7).

39/17 s13

PART III
REQUIREMENTS OF CHILD CARE SERVICES AND FACILITIES

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Application

      14. Unless otherwise provided for in this Part, this Part applies only to the following:

             (a)  child care service providers who are required to hold a child care service licence;

             (b)  child care service providers who hold a child care service licence but are not required to hold one;

             (c)  child care services that are operated by a child care service provider referred to in paragraphs (a) and (b) and the facilities in which they are operated;

             (d)  affiliated child care service providers; and

             (e)  child care services operated by affiliated child care service providers and the facilities in which they are operated.

39/17 s14

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Multiple services

      15. Where more than one child care service is operated in a building or dwelling house, each child care service shall meet the requirements of these regulations as though it were operated from the building or dwelling house alone.

39/17 s15

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Requirements for employees, students and volunteers

      16. (1) Unless otherwise provided for in the Act or these regulations, a person who is an employee, student or volunteer of a child care service provider or who assists or provides services in the operation of a child care service shall not have access to the records of the children who participate in the child care service unless a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for that person are

             (a)  no more than 3 years old;

             (b)  satisfactory to

                      (i)  the licensee of the child care service where the child care service is operated under a child care service licence, or

                     (ii)  the administrator of the child care service where the child care service is operated under an approval certificate; and

             (c)  part of the personnel record required under section 47 for that person.

             (2)  Unless otherwise provided for in the Act or these regulations, a person who is an employee, student or volunteer of a child care service provider or who assists or provides services in the operation of a child care service shall not have contact with the children who participate in the child care service unless the following requirements are met along with the requirements under subsection (1):

             (a)  the person holds a diploma in first aid from an organization approved by the minister that is no more than 3 years old; and

             (b)  the following documents are part of the personnel record required under section 47 for that person:

                      (i)  a copy of his or her diploma in first aid required under paragraph (a), and

                     (ii)  current record of immunization.

             (3)  Unless otherwise provided for in the Act or these regulations, a person shall not be a caregiver and shall not be considered a caregiver in the caregiver to child ratio under section 54 or 69 unless all of the following requirements are met:

             (a)  the person holds certification

                      (i)  for the type of facility in which the child care service is operated,

                     (ii)  at the level required by the Act or these regulations, and

                    (iii)  in the age range of the children to whom the person is assigned to be a caregiver;

             (b)  the person is 18 years old or older; and

             (c)  a copy of his or her certification is part of the personnel record required under section 47 for that person.

39/17 s16

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Waiver

      17. (1) A manager may waive the requirements under these regulations for a caregiver in relation to a specific child care service to hold certification in or for one or more of the following:

             (a)  a level of certification;

             (b)  a type of facility; or

             (c)  an age range of children.

             (2)  A person shall request a waiver under subsection (1) in writing.

             (3)  A waiver under subsection (1) is valid for a maximum of one year and may be renewed a maximum of 4 times.

39/17 s17

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Registration mandatory

      18. A child shall be registered in a child care service before he or she participates in that child care service.

39/17 s18

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Supervision

      19. Children registered in a child care service shall be supervised at all times in a manner that is developmentally appropriate while they are participating in the child care service.

39/17 s19

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Behaviour guidance policies

      20. (1) Behaviour guidance policies shall be established and implemented by an administrator of the child care service.

             (2)  Behaviour guidance policies shall

             (a)  recognize the developmental abilities of children and set appropriate expectations;

             (b)  acknowledge diversity and its influence on children's behaviour;

             (c)  promote realistic play and behaviour limits that guide the safety and security of children participating in the child care service instead of curbing their play experiences, curiosity and creativity;

             (d)  prohibit the use of corporal punishment, such as striking either directly or with a physical object, shaking, shoving, spanking and other forms of aggressive physical contact, against children while they are participating in the child care service;

             (e)  prohibit the use of harsh, humiliating, belittling or degrading physical or verbal treatment of children while they are participating in the child care service;

             (f)  prohibit the confinement, restraint or isolation of children while they are participating in the child care service;

             (g)  prohibit children from being deprived of basic needs, including food, shelter, clothing, sleep, bedding, disability related supports and the use of the washroom, while they are participating in the child care service; and

             (h)  prohibit behaviour guidance that requires or forces children to repeat physical movements while they are participating in a child care service.

             (3)  Behaviour guidance policies shall be posted in the same place the child care service licence or approval certificate is posted.

             (4)  An administrator of a child care service shall ensure that

             (a)  employees, students and volunteers who assist or provide services in the operation of the child care service are given a copy of the behaviour guidance policies of the child care service;

             (b)  employees, students and volunteers who assist or provide services in the operation of the child care service are trained in the behaviour guidance policies of the child care service before being an employee, student or volunteer;

             (c)  behaviour guidance policies are reviewed at least once a year with employees, students and volunteers who assist or provide services in the operation of the child care service;

             (d)  employees, students and volunteers who assist or provide services in the operation of the child care service comply with the behaviour guidance policies and use reasonable behaviour guidance; and

             (e)  a copy of the behaviour guidance policies of the child care service is provided to the parents of a child upon registering the child in the child care service.

39/17 s20

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Program

      21. (1) The program of a child care service shall

             (a)  be comprehensive, coordinated and consist of both indoor and outdoor activities;

             (b)  be child-centred;

             (c)  create an environment that is developmentally appropriate, culturally appropriate and nurturing;

             (d)  promote full participation of all children registered in the child care service;

             (e)  foster and enhance cognitive, creative, physical, emotional, social and language development; and

             (f)  address the individual and group needs of the children registered in the child care service.

             (2)  The program of a child care service shall set out

             (a)  the child care philosophy on which the program is based;

             (b)  how the program meets the developmental needs of the children registered in the child care service;

             (c)  the play materials, furniture and equipment available to children while they are participating in the child care service;

             (d)  the daily schedule followed by children while they are participating in the child care service;

             (e)  how community resources are used;

             (f)  how the children registered in the child care service are oriented to the child care service;

             (g)  the policies of the child care service on health and safety, parental involvement, behaviour guidance and travel outside the facility;

             (h)  the emergency procedures of the child care service;

              (i)  the process for ongoing evaluation and improvement of the program; and

              (j)  where the child care service is operated in a centre, the activity areas available to children while they are participating in the child care service.

             (3)  Where children participate in a full-time child care service, the program of that child care service shall include

             (a)  daily physical activity;

             (b)  daily outdoor activity in the morning and the afternoon, except when extreme weather conditions exist; and

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

             (4)  An administrator of a child care service that is operated under a child care service licence shall follow the program approved by a manager as part of the licence application process or by a manager under subparagraph 15(d)(ii) of the Act.

             (5)  An administrator of a child care service operated by an affiliated child care service provider shall follow the program approved by the agency that issued the approval certificate.

39/17 s21

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Indoor play materials

      22. A facility shall have sufficient indoor play materials accessible to the children participating in the child care service and an administrator of the child care service shall ensure that the indoor play materials are

             (a)  safe and developmentally appropriate for the children that use them;

             (b)  where the indoor play materials are used by children in the infant age range or the toddler age range or both,

                      (i)  inspected daily for hazards, and

                     (ii)  cleaned and disinfected at least twice weekly or more often where necessary; and

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

39/17 s22

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Telephone

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

             (2)  Where children in the infant age range are assigned to a homeroom, that homeroom shall have its own telephone.

39/17 s23

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Baby monitors

      24. (1) Where children sleep in a separate room of the facility while they are participating in a child care service, a baby monitor shall be used while one or more children are sleeping in that room.

             (2)  The transmitting portion of the baby monitor shall be in the room in which the children sleep.

             (3)  The receiving portion of the baby monitor shall be

             (a)  where the child care service is operated in a centre, in the homeroom of the children; and

             (b)  where the child care service is operated in a family home, in the same room as the administrator.

39/17 s24

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Furniture and equipment

      25. (1) A facility shall have sufficient furniture and equipment available for the number of children registered in the child care service and an administrator of the child care service shall ensure that furniture and equipment at the facility are safe and do not pose a danger or imminent risk of injury to children while they are participating in that child care service.

             (2)  Highchairs, cribs, cots and sleeping mats shall be cleaned and disinfected

             (a)  before and after every use; and

             (b)  where not in regular use, at least once a month.

             (3)  There shall be at least 45 centimetres of space between cribs and cots.

             (4)  A child shall be easily accessible to a caregiver while the child is using a sleeping mat.

39/17 s25

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Health and safety generally

      26. (1) An administrator of a child care service shall

             (a)  ensure that the facility and the child care service provide a healthy, safe and developmentally appropriate environment;

             (b)  ensure that food and a time to rest is offered to children while they are participating in the child care service in accordance with each child's stage of development and individual capability; and

             (c)  recognize and respond to symptoms of illness in children while they are participating in the child care service.

             (2)  A facility shall be

             (a)  clean, disinfected and sanitary;

             (b)  in a state of good repair;

             (c)  well ventilated; and

             (d)  reasonably comfortable for children while they are participating in the child care service.

             (3)  An administrator of a child care service shall provide a daily written record of the sleeping, eating and toileting patterns of every child who is in the infant age range to the parents of that child.

             (4)  Where children in the infant age range, toddler age range or pre-school 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.

             (5)  Water accessible to children in a facility shall not have a temperature higher than 43 ° Celsius.

             (6)  Foods and liquids with a temperature higher than 43 ° Celsius are not permitted in areas of a facility in which children are permitted.

             (7)  An administrator of a child care service shall ensure that audio recordings, video recordings and photos are not taken of a child while the child is participating in the child care service without the written consent of the child's parent and that audio recordings, video recordings and photos taken with the consent of a child's parent are not published by employees, students or volunteers who assist or provide services in the operation of the child care service without the written consent of the parent.

             (8)  An administrator of a child care service that is operated in a centre shall ensure that ammunition and firearms are not handled or stored at the centre.

             (9)  An administrator of a child care service that is operated in a family home shall ensure that ammunition and firearms are

             (a)  handled and stored in areas that the children participating in the child care service are not permitted; and

             (b)  stored separately in a locked enclosure inaccessible to children participating in the child care service.

39/17 s26; 66/17 s2

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Secure facility

      27. Secure facility policies shall be established and implemented by an administrator of the child care service and shall include the circumstances under which and the persons who may remove a child from the facility.

39/17 s27

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Clothing, bedding and grooming materials

      28. (1) An administrator of a child care service shall ensure that clothing, bedding and grooming materials supplied by the child care service provider for the use of children while they are participating in the child care service are

             (a)  used only by the child to which they are assigned and stored in an area or enclosure assigned to that child only;

             (b)  stored in a manner that is sanitary; and

             (c)  washed at least once weekly or more often where necessary.

             (2)  Paragraphs (a) and (b) apply to clothing, bedding and grooming materials supplied by a parent for the use of his or her child while the child is participating in the child care service.

39/17 s28

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Diapering and toileting

      29. (1) A facility shall have both a change table and individual changing pads for the use of children participating in the child care service that require diapering.

             (2)  Change tables and changing pads shall be cleaned and disinfected before and after every use.

             (3)  A person who diapers or toilets a child while the child is participating in a child care service shall wash his or her hands and the hands of the child with soap before and after diapering or toileting the child.

39/17 s29

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Allergies and other restrictions

      30. (1) Where a child is registered in a child care service and has one or more allergies, information about the child's allergies, including the cause, symptoms and treatment, shall be posted in the same place the child care service licence or approval certificate is posted, in the food preparation area and, where the child care service is operated in a centre, in every homeroom.

             (2)  An administrator of a child care service shall ensure that all caregivers, students and volunteers are informed of allergies and other restrictions of the children who are registered in that child care service.

39/17 s30

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Medication

      31. (1) Medication that is required in an emergency shall be stored in the facility in an area that is inaccessible to children while they are participating in the child care service.

             (2)  Medication that is not required in an emergency shall be stored in the facility in a locked enclosure that is inaccessible to children while they are participating in the child care service.

             (3)  Where a parent of a child consents to the administration of medication to his or her child while that child participates in a child care service, an administrator shall ensure all of the following:

             (a)  the consent of the parent is in writing and received before the medication is administered;

             (b)  that an administrator or caregiver administers the medication;

             (c)  where the medication is not prescribed, it is administered only when provided by a parent in the original container and where the medication is prescribed, it is administered only when provided by a parent in a container supplied by a pharmacist;

             (d)  the medication is labelled with the child's name, expiration date, required dosage and method of administration;

             (e)  the medication is administered according to the directions on the label or according to the written instructions of the person who prescribed it; and

             (f)  a record is completed in writing of every dose administered, including the date and time it was administered, the amount of the dose, the child's name and the signature of the administrator or caregiver who administered it.

             (4)  In this section, "prescribed" means prescribed by a person authorized to do so by an Act of the province.

39/17 s31

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Poisonous, hazardous and flammable substances

      32. Where substances that are poisonous, hazardous or flammable are stored in a facility, they shall be stored

             (a)  in their original containers;

             (b)  in a place that is locked and inaccessible to children while they are participating in the child care service; and

             (c)  according to the specifications of the manufacturer.

39/17 s32

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Illness, accidents, communicable diseases and incidents

      33. (1) A child participating in a child care service that is operated in a centre who is ill shall stay in the area required under subsection 56(5) and he or she shall be directly supervised.

             (2)  An administrator of a child care service shall ensure that a child's parent arranges for the immediate removal of the child from participating in the child care service where the administrator is satisfied that one of more of the following statements apply:

             (a)  the child is exhibiting vomiting, fever, diarrhea or a new or unexplained rash;

             (b)  due to the onset of illness, the child requires greater care or supervision than is able to be provided without compromising the other children participating in the child care service; or

             (c)  the child is displaying other symptoms that the administrator is satisfied may indicate that the child poses a health risk to other persons in the facility.

             (3)  An administrator of a child care service shall ensure that a child removed from participating in the child care service under subsection (2) does not return until the administrator is satisfied that the child no longer poses a health risk to other persons in the facility.

             (4)  Where an accident, communicable disease or incident occurs that affects or could affect the health or safety of a child while he or she is participating in the child care service, an administrator of the child care service shall ensure that

             (a)  necessary medical assistance is secured immediately;

             (b)  a parent of every child who is affected or could be affected is notified immediately;

             (c)  where the child care service is operated under a child care service licence, the licensee is notified; and

             (d)  a written report is prepared that includes a summary of the accident, communicable disease or incident and the action taken.

             (5)  A copy of the report required under paragraph (4)(d) shall

             (a)  include the date and time that the accident, communicable disease or incident occurred;

             (b)  be signed by the employees, students and volunteers involved;

             (c)  be signed by a parent of every child that is affected or could be affected;

             (d)  be inserted into the individual record of every child that is affected or could be affected; and

             (e)  be provided to an administrator. 

             (6)  Where a serious incident occurs, in addition to the requirements under subsections (4) and (5), an administrator shall ensure that the provincial director is notified of the serious incident within 24 hours of it occurring and unless otherwise ordered by the minister, a copy of the report is sent to the provincial director no later than 7 days after the date of the serious incident.

             (7)  In this section, "serious incident" means

             (a)  an injury to a child that requires emergency medical attention or the death of a child while the child is participating in the child care service;

             (b)  a fire or other disaster at the facility;

             (c)  the physical environment, an operational practice or a safety practice that poses a risk to the health or safety of children registered in that child care service; or

             (d)  abuse or neglect, or an allegation of abuse or neglect, of a child by a licensee, employee, student or volunteer assisting or providing services in the operation of the child care service while the child is participating in the child care service.

39/17 s33

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Emergency procedures

      34. (1) The emergency procedures of the child care service shall be posted in the same place the child care service licence or approval certificate is posted.

             (2)  Where the child care service is operated in a centre, an administrator shall ensure that the employees, students and volunteers who assist and provide services in the operation of the child care service are trained in the emergency procedures of the child care service.

             (3)  Children participating in a child care service shall take part in the emergency drills of that child care service at least once a month.

             (4)  An administrator shall ensure that a written record of every emergency drill, including the date and time it occurred, how long it took and the number of employees, students, volunteers and children who took part in it, is kept by the child care service provider.

             (5)  Where only one caregiver is at a facility, an administrator shall ensure that a person 18 years old or older is quickly able to replace that caregiver should that caregiver be required to be absent for an emergency.

             (6)  Where a person is required to replace a caregiver under subsection (5) for 2 or more consecutive days, that person shall hold at least the same level of certification as the caregiver the person is replacing.

39/17 s34

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Food handling and preparation

      35. (1) A facility shall have sanitary areas for food preparation and food storage.

             (2)  A person assisting or providing services in the operation of a child care service shall wash his or her hands with soap before and after handling or preparing food or beverages for children participating in the child care service.

             (3)  An administrator shall ensure that adequate and safe procedures are followed in relation to cleaning items that are used for eating and drinking by children participating in the child care service.

             (4)  A child shall not be diapered in the food preparation area or on a surface that is used for food preparation or on which food or beverages are served.

             (5)  Where a child is registered in a child care service and has one or more special dietary or feeding requirements, information about those dietary or feeding requirements shall be posted in a prominent and visible place in the food preparation and serving areas.

             (6)  Where food or beverages, including breast milk and formula, are provided by a parent for a child participating in a child care service, the food or beverages shall be

             (a)  labelled with the name of the child they belong to, the date they were received, the expiration date and a description of their contents;

             (b)  refrigerated at 4 ° Celsius or lower where refrigeration is required; and

             (c)  used or discarded before the expiration date.

39/17 s35

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Nutrition

      36. (1) Children shall be offered food and a beverage at least every 3 hours while they are participating in a child care service.

             (2)  Children shall not be forced to eat or drink while they are participating in a child care service.

             (3)  Food and beverages shall not be used as a form of reward or punishment for children while they are participating in a child care service.

             (4)  Safe drinking water shall be accessible to children while they are participating in a child care service.

             (5)  Children shall be fed in a manner that is appropriate to their age and development.

             (6)  Notwithstanding subsection (5), while a child is participating in a child care service, that child shall

             (a)  not be permitted to eat or drink while in a play pen or crib or while on a cot or sleeping mat;

             (b)  be held by a caregiver, student or volunteer where the child feeds from a bottle and cannot hold his or her own bottle;

             (c)  be seated while eating or drinking; and

             (d)  not be provided with food or beverages while he or she is resting.

             (7)  Where food or beverages are provided to a child while participating in a child care service, it shall meet the nutritional needs of the child.

39/17 s36

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Animals

      37. (1) Where an animal stays at the facility of a child care service or is regularly at the facility while children are participating in a child care service, an administrator shall ensure that a parent is notified of the animal in writing before the child is registered in the child care service.

             (2)  An administrator shall notify a parent of every child registered in the child care service in writing no later than 30 days before an animal starts to stay or regularly be at a facility while children are participating in the child care service.

             (3)  An administrator shall ensure that an animal that stays or is regularly at a facility while children are participating in a child care service is healthy.

39/17 s37

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Travel

      38. (1) Where children travel outside the facility while they are participating in a child care service, an administrator of that child care service shall ensure that before they travel,

             (a)  it is reasonably safe;

             (b)  the written consent of a parent of every child that is specific to the circumstances has been received; and

             (c)  the applicable caregiver to child ratio under section 54 or 69 is maintained.

             (2)  The driver of a vehicle in which a child travels while the child is participating in a child care service shall be 19 years old or older and shall hold a valid driver's licence permitting the driver to operate that vehicle.

             (3)  A vehicle in which a child travels while participating in a child care service shall have a first aid kit.

             (4)  Notwithstanding paragraph (1)(c), a person who is 18 years old or older other than the driver shall accompany children travelling in a vehicle while participating in a child care service where

             (a)  8 or more of the children are in the younger school age range or the older school age range;

             (b)  4 or more of the children are in the toddler age range or the pre-school age range; or

             (c)  3 or more of the children are in the infant age range.

             (5)  A child shall not be permitted to drive or to ride as a passenger on an all-terrain vehicle as defined in the Motorized Snow Vehicles and All-Terrain Vehicles Act while the child is participating in a child care service.

             (6)  Notwithstanding subsection (5), a manager may permit a child to ride as a passenger on an all-terrain vehicle.

             (7)  A person shall request permission under subsection (6) in writing.

39/17 s38

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Outdoor play areas and structures

      39. (1) A child care service shall have an outdoor play area that is part of the facility and it shall be

             (a)  accessible to all children registered in the child care service;

             (b)  appropriate for the age range of children who use it;

             (c)  safe and well maintained; and

             (d)  for the exclusive use of children participating in the child care service.

             (2)  Where the outdoor play area has one or more hard surfaces, a hard surface shall not cover more than half of the outdoor play area.

             (3)  The outdoor play area shall be enclosed by a fence that

             (a)  is at least 1.2 metres high;

             (b)  has, at a maximum, 9 centimetres between every slat; and

             (c)  has a gate that is kept safely closed when the gate is not in use.

             (4)  A play structure for use in the outdoor play area shall be

             (a)  approved before its first use by an inspector appointed under the Act;

             (b)  appropriate for the size of the outdoor play area;

             (c)  appropriate for the age range of children who use it; and

             (d)  installed according to the specifications of the manufacturer.

             (5)  A play structure for use in the outdoor play area shall have a protective surface under it where

             (a)  the critical fall height of the play structure is 1.2 metres or greater; or

             (b)  the play structure is fixed.

             (6)  A play structure for use in an outdoor play area that is not fixed shall have a surface other than a hard surface under it where the critical fall height of the play structure is less than 1.2 metres.

             (7)  A manager may waive one or more of the requirements under subsection (4) for a play structure where

             (a)  the play structure was in use at a facility on the coming into force of these regulations;

             (b)  the child care service at that facility was being operated under a valid licence or approval certificate issued under the Child Care Services Act on the coming into force of these regulations; and

             (c)  the play structure is being operated in the same facility in which it was being operated on the coming into force of these regulations.

             (8)  A person shall request a waiver under subsection (7) in writing.

             (9)  A waiver under subsection (7) is valid for a maximum of one year and may be renewed a maximum of 4 times.

39/17 s39

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Public outdoor play areas

      40. (1) A public area that is used as an outdoor play area under subsection 62(3) or section 73 shall be

             (a)  reasonably safe;

             (b)  appropriate for the age range of the children who use it; and

             (c)  within a reasonable distance from the facility of the child care service.

             (2)  An administrator shall ensure that a public area referred to in subsection (1) is inspected before children participating in a child care service enter it.

39/17 s40

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Outdoor play materials

      41. A child care service shall have sufficient outdoor play materials accessible to the children participating in the child care service and an administrator of the child care service shall ensure that the outdoor play materials are

             (a)  safe and developmentally appropriate for the children that use them; and

             (b)  appropriate for the size of the outdoor play area.

39/17 s41

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Requirements while outdoors

      42. (1) An administrator shall ensure that the daily register required under section 45 accompanies the following groups where the group travels outdoors together:

             (a)  the majority or more of children assigned to one or more homerooms while they are participating in a child care service; and

             (b)  the majority or more of children while they are participating in a child care service that is operated in a family home.

             (2)  An administrator shall ensure that a first aid kit accompanies children when they travel outdoors.

             (3)  This section applies when the children leave the facility and when they use the outdoor play area.

39/17 s42

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Records generally

      43. (1) The following documents shall be kept at a facility:

             (a)  documents and records required by the Act and these regulations; and

             (b)  a copy of inspection reports and certificates prepared in relation to the child care service or the child care service provider.

             (2)  Documents and records required by the Act and these regulations shall be kept for at least 3 years unless otherwise specified.

39/17 s43

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Enrolment register

      44. (1) An administrator of a child care service shall ensure that a current enrolment register is maintained and it is kept in a locked enclosure.

             (2)  The enrolment register shall include the following information for every child registered in the child care service:

             (a)  name;

             (b)  date of birth;

             (c)  the date the child started participating in the child care service;

             (d)  the date the child stopped participating in the child care service; and

             (e)  whether the child participates in the child care service on a full-time or part-time basis.

39/17 s44

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Daily register

      45. (1) An administrator of a child care service shall ensure that a daily register is prepared for the child care service.

             (2)  The daily register shall include the following information for every child participating in the child care service that day:

             (a)  name;

             (b)  date of birth;

             (c)  information for an emergency contact person; and

             (d)  the signature of the person who drops the child off at the facility and picks the child up from the facility and the time that he or she dropped off or picked up the child.

             (3)  Daily registers shall be kept for at least 7 years.

             (4)  Where the child care service is operated in a centre, a daily register shall be prepared for every homeroom and shall be located near the entrance of the homeroom.

39/17 s45

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Individual records

      46. (1) An administrator of a child care service shall ensure that an individual record for every child who is registered in the child care service is maintained.

             (2)  The individual record shall include the following information:

             (a)  name, address and date of birth of the child;

             (b)  name, home address, work address, home telephone number, work telephone number, cellular telephone number and email address for the child's parents and at least one emergency contact person;

             (c)  a list of persons authorized to pick up from the facility the child or documents and records or both and a sample of the signature of each of those persons;

             (d)  the date the child becomes registered in the child care service and the date the child is no longer registered in the child care service;

             (e)  the name, address and telephone number of the child's doctor and a current health record that includes the child's provincial medical care plan number and expiration date, allergy information and information on chronic medical conditions;

             (f)  a copy of the record of the child's sleeping, eating and toileting patterns required under subsection 26(3);

             (g)  a record of all medication administered to the child required under paragraph 31(3)(f);

             (h)  a copy of a report required under paragraph 33(4)(d); and

              (i)  the written consent of a child's parent required under subsection 26(7), paragraphs 31(3)(a) and 38(1)(b) and any other consent provided by a child's parent.

             (3)  The individual records shall be kept in a locked enclosure.

39/17 s46

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Personnel records

      47. (1) An administrator of a child care service shall keep a personnel record at the facility for every person who assists or provides services in the operation of the child care service and has contact with the children registered in the child care service or with the records of those children.

             (2)  Personnel records under subsection (1) shall be kept in a locked enclosure.

39/17 s47

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Notifying parents generally

      48. (1) An administrator of a child care service shall notify a parent of every child registered in the child care service in writing when

             (a)  the child care service will not operate during its regular hours of operation, including holidays and a permanent closure or shut down;

             (b)  renovations to the facility of the child care service are anticipated;

             (c)  the child care service licence or approval certificate under which the child care service is operated is renewed, varied, suspended, revoked or expires including details of the renewal, variation, suspension, revocation or expiration;

             (d)  the program of the child care service referred to in section 21 changes or it is anticipated that the program of the child care service will change; and

             (e)  a violation order is issued against the licensee who holds the licence under which the child care service is operated.

             (2)  A parent of a child who travels outside the facility while participating in a child care service shall be notified in writing of the details of the travel by an administrator before the child travels.

             (3)  Where a child care service is operated in a centre and it is anticipated that the child care service will not operate during its regular hours of operation, an administrator shall notify the parents under paragraph (1)(a) at least 2 weeks before the closure.

39/17 s48

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Notifying parents - investigations

      49. (1) Where a child care service is operated in a centre, an administrator shall notify the minister and a parent of every child registered in the child care service in writing when an investigation is started by a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police into a matter involving both a child registered in the child care service and a child care service provider, employee, student, volunteer or other person who assists or provides services in the operation of the child care service, unless directed otherwise by the investigating authority.

             (2)  Where a child care service is operated in a family home, an administrator shall notify the minister and a parent of every child registered in the child care service in writing when an investigation is started under the Children and Youth Care and Protection Act or by a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police into a matter involving both a child registered in the child care service and a child care service provider, employee, student, volunteer or other person who assists or provides services in the operation of the child care service or a resident of the family home, unless directed otherwise by the investigating authority.

39/17 s49

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Hours of operation

      50. (1) A child care service shall only be operated between the hours of 6:30 a.m. and 8:30 p.m.

             (2)  The minister may approve hours of operation other than those hours referred to in subsection (1).

             (3)  A person shall request an approval under subsection (2) in writing.

39/17 s50

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Insurance coverage

      51. At least $2 million in commercial general liability insurance coverage shall be carried with respect to the operation of a child care service.

39/17 s51

PART IV
CENTRES

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Application

      52. This Part applies only to the following:

             (a)  child care service providers that operate a child care service in a centre and are required to hold a child care service licence; and

             (b)  child care services that are operated in a centre under a child care service licence and the facilities in which they are operated.

39/17 s52

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Homerooms

      53. (1) A child registered in a child care service shall be assigned to a homeroom and shall participate in the child care service with the other children assigned to that homeroom during the majority of time the child participates in the child care service.

             (2)  A homeroom shall be for the exclusive use of the children assigned to it.

             (3)  The number of children assigned to each homeroom shall not exceed the maximum number permitted under section 54.

             (4)  The children who are assigned to the same homeroom shall be in the same age range.

             (5)  Where a child is moved to a homeroom of children in a different age range, the approval of a manager is required before that child may be returned to a homeroom of children in the original age range.

             (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 he or she may have a birthday that moves him or her into a different age range where on September 1

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

             (7)  Notwithstanding subsection (4) and the definition of "child" under the Act, a child may continue to participate in a child care service until August 31 of the calendar year that follows the start of the school year in which the child becomes 13 years old.

             (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 4 children are 3 years old or younger;

             (c)  in the pre-school age range or the younger school age range and none of the children are 3 years old or younger and not more than 4 children are 5 years and 9 months old or older; or

             (d)  in the younger school age range or the older school age range and not more than 12 children are 7 years old or younger.

             (9)  Notwithstanding paragraph (8)(a), children who are one year old or younger may be assigned to a homeroom with children in the infant age range and the toddler age range where the child care service is operated in a school under the Schools Act, 1997 for children of persons who are enrolled in and attend the school.

          (10)  A manager may waive the requirement under subsection (4) and permit children in 3 age ranges to be assigned to the same homeroom where

             (a)  the child care service or child care service provider held a valid licence under the Child Care Services Act on the coming into force of these regulations and that licence permitted children in those 3 age ranges to be assigned to the same homeroom; and

             (b)  the manager is satisfied that the needs of the children assigned to that homeroom shall be met through the program of the child care service referred to in section 21.

          (11)  A person shall request a waiver under subsection (10) in writing.

39/17 s53

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Caregiver to child ratio

      54. (1) A maximum of 6 children shall be assigned to a homeroom of children in the infant age range and the caregiver to child ratio for that homeroom shall be one caregiver to 3 children.

             (2)  A maximum of 10 children shall be assigned to a homeroom of children in the toddler age range and the caregiver to child ratio for that homeroom shall be one caregiver to 5 children.

             (3)  A maximum of 16 children shall be assigned to a homeroom of children in the pre-school age range and the caregiver to child ratio for that homeroom shall be one caregiver to 8 children.

             (4)  A maximum of 24 children shall be assigned to a homeroom of children in the younger school age range and the caregiver to child ratio for that homeroom shall be one caregiver to 12 children.

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

             (6)  One caregiver with at least level I certification shall be assigned to every homeroom.

             (7)  Where more than one caregiver is required to be assigned to a homeroom by the caregiver to child ratio, the second and subsequent caregivers shall hold at least trainee certification.

             (8)  Notwithstanding subsection (7), where there are more than 3 children that are 2 years old or younger assigned to the same homeroom, the second caregiver assigned to that homeroom shall also hold at least level I certification.

             (9)  Where children of more than one age range are assigned to a homeroom under subsection 53(8) or (9), the caregiver to child ratio of the homeroom and the maximum number of children assigned to the homeroom shall be determined as though all the children assigned to that homeroom were in the age range of the youngest child.

          (10)  Notwithstanding subsection (9), where children in the toddler age range and the pre-school age range are assigned to the same homeroom under paragraph 53(8)(b), the caregiver to child ratio of the homeroom shall be one caregiver to 7 children and the maximum number of children assigned to the homeroom shall be 14 children.

          (11)  Notwithstanding subsection (9), where children in the younger school age range and the older school age range are assigned to the same homeroom under paragraph 53(8)(d), the caregiver to child ratio of the homeroom and the maximum number of children assigned to the homeroom shall comply with subsection (5).

39/17 s54; 66/17 s3; 70/17 s1

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Administrator

      55. (1) An administrator shall be designated for every 5 homerooms.

             (2)  Notwithstanding subsection (1), there shall be at least one administrator designated for every centre.

             (3)  A person is eligible to be designated as an administrator where the person meets both of the following requirements:

             (a)  the person holds at least level II certification in child care provided in a centre which is in the age ranges of the children registered in the child care service; and

             (b)  the person has at least 2 years experience in a child care service operated in a centre under a valid child care service licence that permits at least 8 children to participate in the child care service at any one time.

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

             (5)  A person shall request a waiver under subsection (4) in writing.

             (6)  A waiver under subsection (4) is valid for a maximum of one year and may be renewed a maximum of 4 times.

39/17 s55

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Indoor space generally

      56. (1) A centre shall not be located more than one floor above the ground.

             (2)  Homerooms for children in the infant age range shall be on the ground floor of the centre.

             (3)  The indoor area of a centre, or a part of it, shall not be used for a purpose other than the operation of the child care service during the hours of operation of the child care service.

             (4)  The walls of the indoor area of a centre shall extend from the floor to the ceiling and shall be permanent.

             (5)  The indoor area of the centre shall include a quiet and clean resting area for children who are ill.

39/17 s56

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Prohibited furniture and equipment

      57. Play pens, baby walkers, jumping apparatus and wading pools are not permitted at a centre.

39/17 s57

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Requirements of homerooms

      58. (1) The floor space of every homeroom shall be at least 3.3 square metres multiplied by the number of children assigned to that homeroom.

             (2)  Space occupied by the following items, areas or rooms shall not be included in the calculation of the floor space of a homeroom:

             (a)  fixed equipment;

             (b)  hallways;

             (c)  washroom areas under subsection (6) and section 60;

             (d)  administrative areas; and

             (e)  food preparation areas.

             (3)  Notwithstanding subsection (1), a homeroom shall not be smaller than 24 square metres.

             (4)  Every homeroom shall provide natural light through one or more windows which are at a height that permits the children assigned to the homeroom to see outside.

             (5)  One or more first aid kits shall be available in every homeroom.

             (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, a child sized toilet and a child sized washbasin and shall permit supervision of both the homeroom and the washroom area at the same time.

             (7)  Where children in the infant age range are assigned to a homeroom, that homeroom shall have a sleep room attached to it that

             (a)  is separated from the homeroom by a door;

             (b)  is directly accessible from the homeroom; and

             (c)  permits supervision of both the homeroom and the sleep room at the same time.

39/17 s58

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Administrative area

      59. (1) A centre shall have an administrative area for the use of the child care service provider and the employees, students and volunteers who assist and provide services in the operation of the child care service.

             (2)  The records of the children registered in the child care service shall be kept in the administrative area.

             (3)  The door of the administrative area shall be locked when the administrative area is not in use.

39/17 s59

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Washroom area

      60. (1) A centre shall have

             (a)  one or more washroom areas; and

             (b)  at least one toilet and washbasin for every 10 children who participate in the child care service at one time.

             (2)  The requirements for the washroom area of the homerooms for children in the infant age range and the toddler age range required under subsection 58(6) shall not be counted towards the requirements under subsection (1).

             (3)  Portable potty seats with a catch basin for waste shall not be used.

             (4)  A washroom area for the use of children while they are participating in a child care service shall be

             (a)  directly accessible from every homeroom and shall be supervised; and

             (b)  configured so that a child cannot see another child while he or she is toileting.

             (5)  A centre shall have a washroom area for the exclusive use of the child care service provider and the employees, students and volunteers who assist or provide services in the operation of the child care service that is separate and apart from the washroom area used by the children participating in the child care service.

             (6)     The washroom areas shall be for the exclusive use of persons associated with the child care service during the hours of operation of the child care service.

39/17 s60

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Building

      61. A centre within a dwelling house shall have a separate entrance from the entrance used by the residents of the dwelling house and shall not be accessible from the part of the dwelling house that is not the centre.

39/17 s61

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Outdoor play area generally

      62. (1) Where a full-time child care service is operated in a centre, the facility shall have an outdoor play area that is at least 7 square metres multiplied by the maximum number of children who may participate in the child care service at one time.

             (2)  The outdoor play area of a centre, or a part of it, shall not be used for a purpose other than the operation of the child care service during the hours of operation of the child care service.

             (3)  Notwithstanding subsections (1) and (2), a child care service that is operated in a centre and does not offer a full-time child care service may use a public area as an outdoor play area.

39/17 s62

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Enclosure and surface

      63. (1) The outdoor play area shall have 2 or more types of surfaces.

             (2)  Where a centre has one or more homerooms to which children in the infant age range are assigned and one or more homerooms to which children in a different age range are assigned, the outdoor play area shall have a separate enclosed area for the use of the children in the infant age range that meets the requirements under subsections 39(1) to (6), section 41, subsections 62(1) and 63(1), section 64 and paragraphs 65(1)(a) and (b) as though it were a separate outdoor play area.

39/17 s63

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Outdoor play structures

      64. (1)  In addition to the requirements under section 39, a play structure for use in an outdoor play area of a centre shall be designated by the manufacturer as designed for commercial use.

             (2)  Notwithstanding subsection (1), where a play structure is not designated by the manufacturer as designed for commercial use, it may be used in an outdoor play area of a centre where it has been approved by an inspector appointed under the Act as safe for use in a centre.

             (3)  Approval of a play structure under subsection (2) shall be obtained

             (a)  within a year of the coming into force of these regulations where t h e play structure was being used at a centre in which a child care service

                      (i)  was being operated under a valid licence issued under the Child Care Services Act on the coming into force of these regulations, and

                     (ii)  is being operated in the same centre in which it was being operated on the coming info force of these regulations; or

             (b)  before the play structure is used at the centre.

39/17 s64; 70/17 s2

 

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Inspections of outdoor play areas

      65. (1) An administrator of a child care service shall ensure that

             (a)  before children participating in a child care service enter an outdoor play area that is part of the facility, it is inspected to determine whether it is free of hazardous materials and whether repairs to, or removal of, play materials or play structures is required; and

             (b)  all outdoor play areas that are part of the facility are inspected at least once a month for the purpose of determining the maintenance required.

             (2)  A written record of every inspection shall be prepared and it shall include the date of the inspection, the name of the person who completed the inspection and the results of the inspection including the remedial action taken.

39/17 s65

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Waiver of building and outdoor play area requirements

      66. (1) A manager may waive one or more of the requirements under subsections 23(1) and 35(1), paragraph 39(1)(a), subsections 56(4), 58(3), 58(4), 58(6) and 59(1), paragraph 60(1)(b), subsections 60(4) and 60(5), section 61 and subsection 62(1) for a facility in which a child care service is operated where that child care service

             (a)  was being operated under a valid licence issued under the Child Care Services Act on the coming into force of these regulations; and

             (b)  is being operated in the same facility in which it was being operated on the coming into force of these regulations.

             (2)  A person shall apply for a waiver under subsection (1) in writing.

39/17 s66; 66/17 s4

PART V
FAMILY HOMES

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Application

      67. This Part applies only to the following:

             (a)  child care service providers who operate a child care service in a family home under a child care service licence;

             (b)  affiliated child care service providers; and

             (c)  child care services that are operated in a family home and the facilities in which they are operated.

39/17 s67

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Floor space

      68. (1) The floor space of the areas of the family home used for the child care service set out in the plans of the facility required under section 4 shall be at least 3.3 square metres multiplied by the maximum number of children who may participate in the child care service at any one time.

             (2)  Space occupied by washrooms and administrative areas shall not be included in the calculation of the floor space under subsection (1).

39/17 s68

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Caregiver to child ratio

      69. (1) The administrator of a child care service that is operated in a family home shall

             (a)  be a caregiver to the children who participate in the child care service;

             (b)  live in the family home; and

             (c)  hold at least trainee certification in child care provided in a family home.

             (2)  Notwithstanding paragraph (1)(c), where all the children that participate in a child care service are in the infant age range, the administrator of that child care service shall hold at least level I certification   in child care provided in a family home in the infant age range.

             (3)  The number of children participating in a child care service in a family home at one time shall be determined after reviewing

             (a)  the ages of the children;

             (b)  the needs of the children;

             (c)  the physical configuration of the family home;

             (d)  the program of the child care service referred to in section 21; and

             (e)  the number of and reason for any violation orders or non-compliance orders previously issued in relation to the administrator, the child care service or the facility. 

             (4)  Notwithstanding anything in this section, not more than 3 children shall participate in a child care service operated in a family home at one time where those children are in the infant age range.

             (5)  [Rep. 70/17, s3]

             (6)  Notwithstanding anything in this section, not more than 5 children shall participate in a child care service operated in a family home at one time where 2 of those children are in the infant age range and 3 of those children are in the toddler age range.

             (7)  Notwithstanding anything in this section, not more than 6 children shall participate in a child care service operated in a family home at one time where 2 of those children are in the infant age range and 2 of those children are in the toddler age range.

             (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 or the toddler age range.

39/17 s5; 70/17 s3

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Child care service provider's children

      70. (1) The child care service provider's own children who are in the infant age range, toddler age range and pre-school age range shall be counted toward the number of children participating in the child care service under section 69.

             (2)  Where the child care service provider's own children include more than 2 children who are in the younger school age range or the older 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.

39/17 s70

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First aid kit

      71. One or more first aid kits shall be available in a family home.

39/17 s71

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Furniture and equipment

      72. Baby walkers, jumping apparatus and wading pools shall not be used by children while they are participating in a child care service operated in a family home.

39/17 s72

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Outdoor play area

      73. A family home may use a public area as an outdoor play area.

39/17 s73

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Records of residents

      74. The administrator shall keep the following for every person who lives in the family home:

             (a)  where the person is 18 years old or older, a copy of a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for that person that are no more than 3 years old and are satisfactory to the administrator;

             (b)  where the person holds a diploma in first aid, a copy of that diploma; and

             (c)  a copy of his or her current record of immunization.

39/17 s74

PART VI
AGENCIES

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Monitors

      75. A person shall not be a monitor unless all of the following requirements are met:

             (a)  the person holds at least level II certification;

             (b)  the person has at least 2 years experience in a child care service operated in a family home where either the child care service provider holds a valid child care service licence or the child care service is operated by an affiliated child care service provider who holds a valid approval certificate;

             (c)  a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for that person are no more than 3 years old and are satisfactory to the agent;

             (d)  the person holds a diploma in first aid from an organization approved by the minister that is no more than 3 years old; and

             (e)  the following documents are in the file required under section 78 for that person:

                      (i)  a copy of his or her certification required under paragraph (a) that is no more than 3 years old,

                     (ii)  a copy of the documents referred to in paragraph (c),

                    (iii)  a copy of his or her diploma in first aid required under paragraph (d), and

                    (iv)  current record of immunization.

39/17 s75

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Duties of monitors

      76. (1) Monitors shall prepare a written report of every visit to an affiliated child care service provider, a child care service operated by an affiliated child care service provider and a family home.

             (2)  The report shall be provided to the affiliated child care service provider and the agent.

39/17 s76

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Records to be kept

      77. (1) An agent shall keep at the facility the following information and documentation in relation to every child care service operated by an affiliated child care service provider:

             (a)  contact information for the administrator;

             (b)  a copy of the certification of the administrator that is no more than 3 years old;

             (c)  a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for the administrator that are no more than 3 years old and are satisfactory to the agent;

             (d)  a copy of the administrator's diploma in first aid that is no more than 3 years old;

             (e)  a copy of the administrator's current record of immunization;

             (f)  contact information for the parents of the children registered in the child care service;

             (g)  the affiliated child care service provider's application for an approval certificate and any other materials provided during the application process;

             (h)  a copy of the issued approval certificate;

              (i)  a copy of the inspection reports prepared in relation to the child care service, its facility or the child care service provider;

              (j)  a copy of the provincial and municipal approvals required to operate the child care service;

             (k)  a copy of proof of commercial insurance coverage and, where appropriate, automobile insurance coverage;

              (l)  reports prepared by monitors; and

           (m)  a copy of non-compliance orders issued by the agency against the child care service operated by the affiliated child care service provider.

             (2)  Unless otherwise provided for in the Act or these regulations, a person who is an employee, student or volunteer of an agency or who assists or provides services in the operation of an agency shall not have access to the records of the children who participate in a child care service operated by an affiliated child care service provider of the agency unless a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for that person are

             (a)  no more than 3 years old;

             (b)  satisfactory to agent; and

             (c)  part of the file required under section 78 for that person.

             (3)  Unless otherwise provided for in the Act or these regulations, a person who is an employee, student or volunteer of an agency or who assists or provides services in the operation of an agency shall not have contact with the children who participate in a child care service operated by an affiliated child care service provider of the agency unless the following requirements are met along with the requirements under subsection (2):

             (a)  the person holds a diploma in first aid from an organization approved by the minister that is no more than 3 years old; and

             (b)  the following documents are part of the file required under section 78 for that person:

                      (i)  a copy of his or her diploma in first aid required under paragraph (a), and

                     (ii)  current record of immunization.

39/17 s77; 66/17 s6

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File

      78. (1) An agent shall keep a file at the facility for every affiliated child care service provider, monitor, employee, student and volunteer who assists or provides services in the operation of the agency or has contact with the children registered in a child care service approved by the agency or with the records of those children.

             (2)  Files under subsection (1) shall be kept in a locked enclosure.

39/17 s78

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Notifying parents and managers

      79. (1) An agent shall notify its affiliated child care service providers and a parent of every child registered in the child care services operated by the agency's affiliated child care service providers in writing where

             (a)  the agency is closed or anticipates being closed during its regular hours of operation, including closures due to holidays and a permanent closure;

             (b)  the licence of the agency is renewed, varied, suspended, revoked or expires including the details of the renewal, variation, suspension, revocation or expiration; and

             (c)  a violation order is issued against the agency in general.

             (2)  An agent shall notify a parent of every child registered in a child care service operated by one of the agency's affiliated child care service providers in writing where

             (a)  the approval certificate of that affiliated child care service provider is renewed, varied, suspended, revoked or expires including details of the renewal, variation, suspension, revocation or expiration;

             (b)  a non-compliance order is issued by the agency in relation to that affiliated child care service provider or its child care service; and

             (c)  a violation order is issued against the agency in relation to that affiliated child care service provider or its child care service.

             (3)  Where an agent notifies a parent under paragraph (2)(b), the agent shall also notify the parent of the requirement for non-compliance orders to be posted in the family home.

             (4)  An agent shall notify a manager in writing when

             (a)  the agency starts or stops monitoring an affiliated child care service provider, including when an approval certificate is issued, renewed, suspended, revoked or expires; and

             (b)  the agency closes or anticipates closing permanently.

             (5)  A copy of the notification required under subsections (1) to (4) shall be posted in the same place the agency licence is posted.

39/17 s79

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Insurance coverage

      80. At least $2 million in commercial general liability insurance coverage shall be carried with respect to the operation of an agency.

39/17 s80

PART VII
INSPECTORS

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Qualifications

      81. A person is eligible to be appointed as an inspector under the Act by the minister where the person

             (a)  holds at least level IV certification and has at least 3 years experience in a child care service operated in a centre under a valid child care service licence;

             (b)  is a registered social worker; or

             (c)  is an employee of the Department of Health and Community Services or Service Newfoundland and Labrador .

39/17 s81

PART VIII
TRANSITIONAL AND COMMENCEMENT

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Transitional

      82. (1) Certification issued under the Child Care Services Act before the coming into force of these regulations shall continue to be valid until it expires.

             (2)  Entry level certification issued under the Child Care Services Act shall be considered to be trainee certification on the coming into force of these regulations.

39/17 s82

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Repeal

      83. The Child Care Services Regulations, 2005 , Newfoundland and Labrador Regulation 89/05, are repealed.

39/17 s83

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Commencement

      84. These regulations come into force on the date the Act comes into force. (In force Jul.31/17)

39/17 s84