This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1999 Child Care Services Regulations (Filed April
15, 1999) Under the
authority of section 16 of the Child Care
Services Act, the minister makes the following regulations. Dated at Joan Marie
Aylward REGULATIONS Analysis 1. Short
title 2. Definitions 3. Application
for licence 4. Insurance 5. Violation
order, service and notice 6. Application
for increase 7. Renewal 8. Operators
and home visitors 9. Inspectors
and inspection 10. Records
and operation 11. Consent
to release child 12. Building 13. Health
and safety 14. Legislation
and policy availability 15. Programs
and activities 16. Hours
of attendance 17. Supervision 18. Notification
of change 19. Service
and notice 20. Emergency
procedures 21. Nutrition
and food safety 22. Transportation 23. Staff:
health and safety 24. Ratios
and group sizes 25. Family
child care 26. Emergency
replacement 27. Qualifications
of operators 28. Staff
qualifications 29. Family
child care 30. Child
care services consultants 31. Equivalency 32. Continuing
education 33. Transitional
education requirements 34. Assistance 35. Transitional 36. Prohibition 37. Repeal 38. Commencement Schedule Short title 1. These
regulations may be cited as the Child
Care Services Regulations. Definitions 2. In
these regulations (a) "Act"
means the Child Care Services Act; (b) "certification" means the certification levels and classifications of levels described in the Schedule; (c) "family
child care" means the provision of child care by a licensee or a person
who is supervised by an agency, in that licensee's or person's home, (d) "group"
means the total number of children (i) in each fully equipped home room of a group child care centre who
are supervised by a person described in subsection 24(1), or (ii) who are supervised by a family child care provider; (e) "group
child care centre" means premises or a part of premises where there is a
child care service for not more than 60 children; (f) "home room" means a separate room in a child care centre
that is equipped and supplied with developmentally appropriate material
sufficient for the use of the children in the group using that room; (g) "home
visitor" means a home visitor as described in section 8; and (h) "program"
means the philosophy, equipment, staff numbers, staff schedule, room
arrangement, outdoor play space, daily schedule and play materials of a child
care service and policies with respect to outings, health, parent involvement,
admission and guiding children's behaviour. Application for licence 3. (1)
A person may, in the required form, apply to a director for a licence or a
renewal of a licence for the region represented by the board which appointed
that director. (2) An
application for a licence or a renewal of a licence shall include a description
of the program to be offered under the applied for licence and a licence shall
not be issued or renewed unless that program has been approved by the director. (3) An
application for a licence or a renewal of a licence shall include written proof
that all requirements under the Act and regulations to comply with national
building, fire and electrical codes, the Buildings
Accessibility Act and the Health and
Community Services Act have been met. (4) Notwithstanding
subsection (3), where an application is made under this section by an agency,
that agency shall ensure that a family child care service under its supervision
has complied with the requirements of national building, fire and electric
codes and the Health and Community
Services Act insofar as those codes or that Act apply to a private dwelling
place or a family child care home. (5) Access
to a child care service by an agency, inspector, home visitor, or other person
or group of persons designated by the minister is a condition of a licence
issued under the Act. (6) Notwithstanding
subsection (3), where an application is made under this section for a licence
by a person licensed under the Day Care
and Homemaker Services Act in force immediately before the coming into
force of the Act, that person shall comply with the building, fire and electric
codes applicable to that person's application immediately before the coming
into force of the Act subject to safety and other standards which the
provincial director may impose. (7) A
person who applies for a licence shall provide building plans of the premises
and area intended for use as a group child care centre which are satisfactory
to the director and where those premises and that area is modified or changed,
the director shall be provided with a further plan, satisfactory to him or her,
indicating that modification or change. (8) An
agency and a person who applies for a licence for a group child care centre or
for a licence to provide family child care shall, upon making that application,
provide to the director a description of the policies and proposed program of
that agency or person with respect to the child care services provided under
the supervision of that agency or provided by that person and those policies
and programs shall comply with the Act and policies and guidelines which the
minister may establish and shall be approved by the director before a licence
is issued to that agency or person. (9) The provincial director or a director, may, in accordance with guidelines which the minister may, for a fixed period of time, establish and impose terms and conditions upon a licence which may vary or be in addition to the requirements of these regulations and failure to comply with those conditions shall be considered to be a failure to comply with the requirements of the Act. (10) A licence and a renewed licence shall be in force for not more than 3 years. Insurance 4. (1)
A person or a family child care agency shall not operate or supervise a child
care service unless that person or agency is insured by commercial general
liability insurance as required by the provincial director. (2) Proof
of a current policy held under subsection (1) shall be filed at the group child
care centre, family child care agency or, where subsection 7(8) of the Act applies, in the home of the
licensee who provides the child care service. Violation order, service and notice 5. The
minister, provincial director, a director or an inspector may serve a violation
order issued under section 9 of the Act upon a licensee. Application for increase 6. (1)
A licensee may apply to a director to (a) vary
the licence in order to increase the number of children for which a licence is
granted; and (b) issue
a new licence to operate an additional child care service. (2) Where
a licensee makes an application under subsection (1), the director shall review
all existing licences held by that licensee and shall review that person's
history of compliance with the Act, regulations and terms and conditions
imposed under a violation order. (3) A
director shall not approve an application for a varied licence or a new licence
for an additional child care service in accordance with this section where (a) a
licence of the applicant has been suspended or revoked; (b) a
violation order has been issued to that applicant and the applicant has not
complied with that order within the required time; and (c) the
applicant or another corporation or operation of which he or she is in control
or is the owner or operator has not complied with the Act, regulations or a
violation order. Renewal 7. A
licensee may renew a licence by making an application, in writing, to a
director and that application shall be made not fewer than 60 days before the
expiration of the existing licence. Operators and home visitors 8. (1)
A group child care centre shall have an operator who shall direct and manage
the daily operations of that centre. (2) An
agency shall appoint a person as a home visitor to monitor and advise family
child care services within the area under the supervision of the agency. (3) An
operator of a group child care centre and a home visitor appointed under
subsection (2) shall not commence his or her duties as operator or home visitor
without the prior written approval of the director. (4) A
home visitor shall visit a family child care home at least once a month in
order to provide consultative support, resources and professional development
services. (5) A licensee who is an operator may appoint a person to supervise a group child care centre to which the licence applies and that person shall have the certification required for an operator under section 27. Inspectors and inspection 9. (1)
The minister may determine the education, experience and other training and
qualifications required for inspectors appointed under the Act. (2) A
director may, in accordance with guidelines which the minister may establish,
determine the number and location of inspections which an inspector shall make
in order to ensure the compliance of child care services with the Act and
regulations. (3) A
group child care centre shall be inspected by an inspector at least once a
year. (4) An
inspector may enter onto a child care service premises at any time when
children are being provided with care on those premises. (5) An
inspector who inspects family child care agencies and family child care homes
shall ensure that with respect to periodic administrative inspections which the
minister may require, that in a year, at least 10% or 5 of the family child
care homes, whichever is greater, operated under the supervision of an agency
are inspected. Records and operation 10. (1)
A licensee shall maintain and keep the information and records which the
minister may require at the child care service location to which the record
applies. (2) The
information and records required under subsection (1) shall, with respect to
each child at the child care service location, include (a) the
name, address and date of birth of the child; (b) the
names, home and work addresses and telephone numbers of the parents or
guardians of the child; (c) the
name, address and telephone number of a person other than the parent or
guardian who may be contacted in the case of an emergency; (d) the
date of the child's admission into the child care service; (e) the
date of the child's removal from the child care service; (f) the name and address and telephone number of the child's physician; (g) a
daily register maintained by a designated staff person or child care provider
indicating the date of birth of each child and the time of arrival and
departure of each child from the child care service premises; and (h) a
current record of the health record, health history, communicable diseases,
immunizations, medical consent, medication consent and administration of
medication records of and related to a child that the minister may require. (3) A
licensee shall maintain, at the location of that licensee's child care service,
or, in the case of a family child care agency, at the offices of that agency, a
record of (a) the
most recent fire and health inspection report of the premises where that child
care service is located; or (b) the
most recent fire and health inspection report of premises where child care
services under the supervision of that family child care service agency are
carried out; and (c) copies
of violation orders and reports of corrective action for the current licence
period. (4) Where
a child becomes seriously ill, injured or dies while in the care of a child
care service, the licensee for that child care service, the child care giver or
an agency which supervises that child care service shall immediately notify a
parent, guardian or other person named under paragraph (2)(c) and the
department of that illness, injury or death. (5) A record of injuries and incidents which occur with respect to a child in a child care service shall be completed in the required form and maintained in a file at that service. (6) A
person shall not, without the consent of a director, destroy, alter, deface or
obliterate an entry with respect to a child in a register. Consent to release child 11. A
child in a child care service shall not be permitted to leave the child care
service premises with a person who is not that child's parent or legal guardian
without the written consent of that parent or legal guardian. Building 12. (1)
A group child care centre shall have (a) a telephone which is in working order; (b) in a home room, floor space of not less than 3.3 square metres excluding fixed equipment, per child in that home room; (c) equipped in the manner which the provincial director may require, a home room for each group of children attending that centre; (d) a separate sleep room accessible to the home room of children aged from birth to 24 months; (e) washroom facilities which are available for
the exclusive use of that child care service and which meet the requirements of
the National Building Code ( (f) easily accessible space for the temporary care and isolation of a sick child and shall provide in that space a cot with suitable bedding; (g) a first aid kit which meets the requirements of the Occupational Health and Safety First Aid Regulations made under the Occupational Health and Safety Act; (h) separate room and washroom facilities available for adults; (i) provide bathing facilities and diapering stations as the minister may require; and (j) provide other safety and health related equipment that the minister may require. (2) A family child care home shall have (a) a telephone which is in working order; (b) a first aid kit which meets the requirements of the Occupational Health and Safety First Aid Regulations made under the Occupational Health and Safety Act; and (c) provide safety and health related equipment that the minister may require. (3) A
group child care centre shall not be located in premises which are more than
one floor above the ground floor and a home room for the care of children aged
birth to 24 months shall be at grade level. (4) A
group child care centre which operates more than 3 hours per session shall have
access to outdoor play space on site, surfaced, enclosed, of a size and
equipped in the manner which the minister may require. (5) A
home in which family child care occurs and a group child care centre which
operates for 3 or fewer hours per session shall have access to an outdoor play
space, surfaced, enclosed, of a size and equipped in the manner which the
minister may require. (6) A
child care service (a) shall
provide play materials, furniture and equipment which is developmentally
appropriate and which conforms with standards established under the Hazardous Products Act ( (b) shall
not have baby walkers or an infant or older child jumping apparatus; (c) shall
provide a sufficient number of high chairs or infant seats with a safety belt
for infants receiving child care who are not able to sit independently; (d) shall
provide a separate cot or crib with suitable bedding for every child under the
age of 24 months and for children who are older than 24 months, sleeping
arrangements as the minister may require; and (e) shall
comply with requirements which the minister may establish with respect to
health, safety and the proper care of children in a child care service. Health and safety 13. (1)
The minister (a) shall
establish policies and guidelines with respect to child care services in the
province; and (b) may
adopt as a standard for child care services in the province all or a portion of
a national or provincial health, safety, fire or building code, and a child
care service shall adhere to those policies, guidelines and codes. (2) Diapering and toileting procedures shall be in accordance with policies and guidelines which the minister may establish. (3) There shall be no hot liquids in the home room of a child care centre. (4) A
child care service shall not have pet animals on the premises where that
service takes place except in accordance with policies and guidelines of the
minister. (5) Where
it is necessary to administer prescription medication to a child, a child care
service shall first obtain the written permission of a parent or guardian of
that child for the administration of that medication and shall keep all
medication in a safe, secure and appropriate place and maintain records which
the minister may require with respect to that medication and its administration
to the child. (6) A
non prescription medication shall not be administered to a child by child care
service providers, licensees, operators, supervisors or staff except with the
written authorization of a physician and in accordance with subsection (5). Legislation and policy availability 14. A
licensee or an operator of a child care service shall have available for a
parent or guardian of a child attending that child care service, a copy of the
Act, the regulations and policies and guidelines of the minister with respect
to child care services and policies of that child care service. Programs and activities 15. A
child care service shall provide a program of activities which comply with
policies and programs approved for that child care service under subsection 3(8), the regulations and with policies and
guidelines of the minister. Hours of attendance 16. A
group child care centre shall provide child care between the hours of Supervision 17. (1)
A child in a child care service shall be supervised by the family child care
service provider or a staff person at all times. (2) Notwithstanding
subsection (1), a child who is 7 to 12 years of age shall be supervised in
accordance with the policies of the licensee, operator, the wishes of the
parents or guardians of the child and in the manner which is appropriate to the
age of the child and his or her level of development and in accordance with the
policies and guidelines of the minister. Notification of change 18. A
child care service and an agency shall notify, in writing, a parent or guardian
of a child in that service (a) of
a change in the terms and conditions of a licence applicable to that child care
service; (b) of
a planned closure or sale of the child care service, not fewer than 2 weeks
before that closure or sale; and (c) as
soon as is practicable after becoming aware of the commencement of an
investigation by the Royal Newfoundland Constabulary or the Royal Canadian
Mounted Police into an alleged offence against a child involving an employee,
caregiver or other person associated with the child care service, unless the
constabulary, police or the provincial Director of Child, Youth and Family
Services directs otherwise. Service and notice 19. Where
in the Act and the regulations a reference is made to service upon a person or
to notification of a person in writing, that service or notification shall be
made in person or by registered mail at the last known address of that person,
and where that person is a corporation, that service or notification shall be
made upon a director of that corporation. Emergency procedures 20. A
child care service shall carry out a monthly fire and emergency evacuation
drill from the premises in which that child care service is operated and that
drill shall be conducted as required by the guidelines established by the
minister. Nutrition and food safety 21. (1)
Meals and menus provided to children in a child care service shall be in
accordance with the requirements of the Canada Food Guide to Healthy Eating. (2) Food
handling, food handling facilities and the preparation of food at and for a
child care service shall be in accordance with the requirements of the Health and Community Services Act, the Food and Drug Act and in accordance with
the guidelines established by the minister. (3) While
a child is in a child care service and is between the ages of birth and 24
months, he or she shall be permitted to eat and sleep in accordance with his or
her own schedules and in accordance with the wishes of his or her parents or
guardians. (4) The
manner in which a child is fed and the food offered to a child while in a child
care service shall be appropriate to the child's age, stage of development and
individual capability. (5) A
child in a child care service who requires bottle feeding shall be held by a
member of the child care service staff during that feeding. (6) A
child care service shall, daily, provide to the parents or guardians of a child
who is less than 24 months of age a written record of their child's eating,
sleeping and elimination patterns. Transportation 22. (1)
Where transportation is provided by or on behalf of a child care service to
transport a child between the child care service and the child's home (a) the
child shall not be left unattended; and (b) where
more than 4 children are being transported at a time, a person aged 18 years or
more, other than the driver, shall accompany those children in the vehicle used
for transporting the children. (2) Where
children in a child care service are being walked to an outside activity away
from the child care service premises, there shall be a sufficient number of
supervising staff of that child care service to ensure that those children are
safely and properly escorted to, from and at that activity. Staff: health and safety 23. (1)
A licensee shall have for operators, staff and volunteers of a group child care
centre and for family child care providers, (a) a
current record of immunization; (b) a
current certificate of conduct from the Royal Newfoundland Constabulary or the
Royal Canadian Mounted Police; and (c) evidence
that he or she has a current first aid certificate from an organization
recognized by the department as being qualified to grant the certificate. (2) Subsection
(1) does not apply to a person who is employed by or volunteers at a child care
service during a time when children are not in attendance at that child care
service. (3) Subsection
(1) does not apply to a parent or guardian of a child attending a child care
service unless that parent or guardian is considered to be a part of the adult
to child ratio referred to in section 24. (4) Information
relating to child care providers, employees and volunteers who provide child
care shall be retained on file at the premises of the child care service or
agency to which it relates and that information shall be made available to an
inspector upon his or her request for that information. (5) A
person shall not, without the consent of a director, destroy, alter, deface or
obliterate an employee or other record referred to in this section. (6) Where
a child care service or an agency ceases operations, employee and other records
referred to in this section shall be maintained and stored as required by the
minister. Ratios and group sizes 24. (1)
The following ratios of staff to children and child group sizes shall apply
with respect to Group Child Care Centres:
(2) For
the purpose of this section, "staff" includes volunteers who are
considered to be part of the ratio requirement under subsection (1) provided
that volunteers meet the requirements which the minister may establish. (3) In
a group child care centre (a) children
aged from birth to 12 months shall not be included in a mixed age group; and (b) in
a mixed age group of children (i) where children who are more than 12 months and less than 69 months
of age are attending, the age of the youngest child shall determine the staff
to child ratio and group size, and (ii) where a group contains one or more children who are more than 69
months of age and attending school, the staff to child ratio and group size
shall be determined by the next oldest age group to the youngest child in the
group. (4) All
persons who provide child care at a child care service shall be 18 years of age
or more. (5) When
calculating staff to child ratios, only staff who are actually supervising
children shall be considered. (6) The
ratios of staff to children referred to in this section shall be maintained at
all times. Family child care 25. (1) Where family child care provides child care to 4 to 6 children, including children of the family child care provider who are less than the age of 85 months, only 3 of the children may be between the ages of birth to 36 months and of these, only 2 may be between the ages of birth and 24 months. (2) Where family child care is provided to children from birth to 24 months of age, including children of the family child care provider who are less than 85 months of age, there shall be no more than 3 children in that child care service. Emergency replacement 26. Where a child care service is operated by one licensee or by one person operating under an agency, the services of a second person who is more than 18 years of age must be immediately available in case of an emergency. Qualifications of operators 27. (1) A licensee who is an operator and an operator of a group child care centre shall have (a) not less than a Level 2 certification in the preschool, school-age or infant-toddler age group classification for those age groups for which there is a licence for that group child care centre; and (b) 2 or more years of work experience in a licensed group child care centre in the classification of certification for which that person will be approved in the province or its equivalent from another jurisdiction. (2) One of the years of work experience referred to in paragraph (1)(b) may be in an unlicensed setting with school aged children. Staff qualifications 28. (1) A home room shall have a lead staff person with not less than a Level 1 certification in the preschool, school-age or infant-toddler classification for the home room to which that staff person is assigned and not less than one year of work experience in that classification. (2) A person employed in a group child care centre who is considered to be a part of the ratio of staff to children referred to in section 24 and who is not the lead staff person, shall have not less than an entry level certification in the preschool, school-age or infant-toddler classification for the home room or group of children to which that person is assigned. (3) A volunteer in a group child care centre who is considered to be a part of the ratio of staff to children referred to in section 24 shall have a qualification which in the opinion of a director is equivalent to the entry level certification. Family child care 29. (1) An agency home visitor shall have (a) not less than a Level 2 certification in the family child care classification; and (b) not less than 2 years experience in a family child care setting. (2) A person who offers a child care service in his or her home under the supervision of an agency or under his or her own licence shall have not less than an entry level certification. Child care services consultants 30. Where the department or a board employs a person as a child care services consultant to administer and monitor the licensing of child care services in the province or in a region under the jurisdiction of the board, that child care services consultant shall have (a) a Level 4 certification; and (b) not fewer than 3 years of working experience in a child care setting. Equivalency 31. Notwithstanding sections 27 to 30 the provincial director may determine a combination of education and experience as equivalent to the certification levels described in the Schedule. Continuing education 32. In order to keep a certification valid, the holder of that certification shall complete not less than 30 hours of professional development training or continued education within every 3 years of holding that certification. Transitional education requirements 33. (1) Notwithstanding sections 27 to 30, a person who, immediately before the coming into force of the Act, is employed as a child care provider in a day care licensed under the Day Care and Homemaker Services Act, may continue in that same capacity as a child care provider for not more than 4 years after the coming into force of the Act at which time the certification requirements of these regulations shall be considered to apply to that person. (2) Notwithstanding sections 27 to 30 and subsection (1), a person approved as a group supervisor of a day care licensed under the Day Care and Homemaker Services Act for 10 or more years immediately before the coming into force of the Act shall, for that day care, be considered to hold the certification required of an operator under these regulations. (3) The minister may require evidence that a person referred to in subsection (1) has commenced or completed the education and programs leading to the required certification. Assistance 34. (1)
Financial assistance for the payment for a child care service may be granted to
persons in need or persons likely to become in need in accordance with income
and a needs test which the minister may determine or as described in the Social Assistance Regulations. (2) Financial
assistance, to be known as the child care fee subsidy shall be established for
the province at a rate which the minister may determine. Transitional 35. (1)
A group child care centre licensed under the Day Care and Homemaker Services Act in force immediately before the
coming into force of the Child Care
Services Act and having, on the day on which the Child Care Services Act comes into force, an enrolment of children
who are (a) more
that 37 months and less than 69 months with more than 16 children in a group,
may continue with that group to a maximum of 24 children; and (b) more
than 24 months and less than 69 months, who do not attend school, and with more
than 10 children in a mixed age group, may continue with that group to a
maximum of 15 children. (2) Where
a group child care centre referred to in subsection (1) changes its location,
capacity, structure or age range of children, that child care service shall
apply for a new licence under the Act. (3) Where,
immediately before the coming into force of the Act, a person provides child
care to children aged from birth to 24 months, that person shall, after the
coming into force of the Act have no more than 3 children in a group of
children of that age. Prohibition 36. A child care service shall not use (a) corporal punishment; and (b) isolation from other children and adults, as a means of disciplining or guiding a child. Repeal 37. The Day Care and Homemaker Services
Regulations, Consolidated Newfoundland Regulation 1102/96, are repealed. Commencement 38. These
regulations shall come into force on Schedule Child
Care Service Certification
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