NEWFOUNDLAND AND LABRADOR
REGULATION 95/18

Child Care Regulations (Amendment)
under the
Child Care Act

(Filed October 18, 2018)

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

Dated at St. John's, October 18, 2018.

Al Hawkins
Minister of Education and Early Childhood Development

REGULATIONS

Analysis

        1.   S.66 Amdt.
Waiver of building and outdoor play area requirements

NLR 39/17
as amended

        1. (1) Section 66 of the Child Care Regulations is amended by adding immediately after subsection (1) the following:

         (1.1)  The minister 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

             (a)  that child care service

                      (i)  was operated under a valid licence issued under the Child Care Services Act at any time in the 5 years before the coming into force of these regulations,

                     (ii)  is being operated in the same facility in which it was being operated under a valid licence issued under the Child Care Services Act, and

                    (iii)  is being operated by the same child care service provider who operated the child care service under a valid licence issued under the Child Care Services Act; and

             (b)  the minister is satisfied that

                      (i)  the operation of this specific child care service in this specific facility is urgently required,

                     (ii)  there are exceptional circumstances which warrant the requirement being waived, such as the facility is in a remote location or there is a barrier to meeting the requirement, and

                    (iii)  there is a reasonable plan to meet the requirement being waived within one year of the date of the waiver.

             (2)  Subsection 66(2) of the regulations is repealed and the following substituted:

             (2)  A person shall apply for a waiver under this section in writing.

             (3)  Where a person applies for a waiver under subsection (1.1), he or she shall provide the minister with a plan to meet the requirement being waived in writing.

             (4)  A waiver under subsection (1.1) is valid for a maximum of one year and may be renewed once for a maximum of 6 months.

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