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Revised Statutes of Newfoundland 1990


CHAPTER D-2

AN ACT RESPECTING DAY CARE AND HOMEMAKER SERVICES

Analysis

1. Short title

2. Definitions

3. Director

4. Board continued

5. Chief executive officer

6. Purpose of board

7. Licence

8. Licences

9. Suspension of licence

10. Cancellation of licences

11. Proceedings for cancellation

12. Disposition

13. Appeal

14. Appointment of day of hearing

15. Inspection

16. Powers re inspection

17. Duties of inspectors

18. Alteration of building

19. Regulations

20. Offence

21. Reports


Short title

1. This Act may be cited as the Day Care and Homemaker Services Act.

1975 No67 s1

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Definitions

2. In this Act

(a) "board" means the Day Care and Homemaker Services Licensing Board referred to in section 4;

(b) "child" means a person under 16 years of age;

(c) "day care" means the regular provision of services and activities to children of school and pre-school age during the daytime period;

(d) "day care centre" means a building or part of a building in which day care is provided but does not include a school as defined in the Schools Act;

(e) "director" means the Director of Day Care and Homemaker Services;

(f) "homemaker services" includes

(i) the care of a child or adult,

(ii) the purchase and preparation of meals and special diets,

(iii) housekeeping duties, exclusive of heavy or seasonal cleaning,

(iv) laundry and mending of clothing,

(v) simple bedside care under the direction of a physician or visiting nurse, and

(vi) training recipients in housekeeping and homemaking skills;

(g) "inspector" means an inspector appointed for the purpose of this Act and includes social workers employed by the Department of Social Services;

(h) "licence" means a licence issued under section 8;

(i) "minister" means the Minister of Social Services; and

(j) "person" includes a co-operative society registered under the Co-operative Societies Act.

1975 No67 s2; 1985 c32 s1; 1987 c19 s1

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Director

3. (1) The Lieutenant-Governor in Council shall appoint a Director of Day Care and Homemaker Services to administer and enforce this Act and the regulations under the control and direction of the minister.

(2) The minister may, following the recommendation of the director, appoint in the manner provided by law inspectors and other officers, clerks and employees that are necessary for carrying out the provisions of this Act.

1975 No67 s4

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Board continued

4. (1) The Day Care and Homemaker Services Licensing Board is continued.

(2) The Lieutenant-Governor in Council shall appoint 10 members to the board.

(3) The members of the board shall include

(a) the director;

(b) the Director of Child Welfare appointed under the Child Welfare Act;

(c) a representative of the Department of Education;

(d) a representative of the Department of Health; and

(e) other members.

(4) The members appointed under paragraph (3)(e) shall include a representative of

(a) a parent or guardian of a child attending a day care centre licensed under this Act;

(b) an organization that promotes quality day care;

(c) an organization that promotes homemaker services;

(d) holders of a day care and homemaker service licence under this Act;

(e) an institution that educates and trains day care or home care workers; and

(f) a person who uses a homemaker service licensed under this Act.

(5) The director shall be the chairperson and the Director of Child Welfare shall be the vice-chairperson of the board.

(6) Six members of the board constitute a quorum for the transaction of business.

(7) A member appointed under paragraphs (3)(c), (d) and (e)

(a) shall hold office during pleasure for 3 years from his or her time of appointment and may be reappointed; and

(b) notwithstanding paragraph (a), shall continue to hold office until he or she is reappointed or a new member is appointed.

(8) The persons appointed under this Act before December 7, 1990, continue as members until new members are appointed under this section.

(9) Notwithstanding subsection (7), of the members first appointed under paragraph (3)(e) after December 7, 1990,

(a) 2 shall be appointed for a term of 1 year;

(b) 2 shall be appointed for a term of 2 years; and

(c) 2 shall be appointed for a term of 3 years,

and thereafter each member shall be appointed for a term of 3 years.

(10) The Lieutenant-Governor in Council may fill a vacancy in the membership of the board and that person shall be appointed to hold office for the remainder of the term of office of the member being replaced.

(11) A vacancy in the membership of the board due to a vacancy in the office of the director or the Director of Child Welfare shall be filled temporarily by the Lieutenant-Governor in Council until those offices are no longer vacant.

(12) Members of the board, except public employees, shall be remunerated at a daily rate established by the Lieutenant-Governor in Council for attending official board meetings and are entitled to receive payment in respect of travelling and other expenses necessarily incurred by them in the discharge of their official duties.

1990 c30 s1

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Chief executive officer

5. (1) The chairperson is the chief executive officer of the board and is charged with the general direction, supervision and control of the business of the board.

(2) During the incapacity or absence of the chairperson or a vacancy in the office of chairperson, the vice-chairperson has and may exercise all of the powers of the chairperson and shall discharge all of his or her duties.

(3) The exercise of the powers of the board is not impaired by reason of a vacancy in its membership.

(4) All acts done by the board are, notwithstanding that it is afterwards discovered that there was some defect in the appointment or qualification of the person purporting to be a member of the board, as valid as if that defect had not existed.

1975 No67 s6

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Purpose of board

6. (1) The board shall meet as it considers necessary to make decisions regarding

(a) applications to open a day care centre or to operate a homemaker services agency;

(b) applications to renew a licence to operate a day care centre or homemaker services agency;

(c) cancellation or suspension of a licence to operate a day care centre or a homemaker services agency; and

(d) certification of persons employed in day care centres and homemaker services who comply with the standards prescribed by the regulations.

(2) Where the director requests it to do so, the board shall advise the director on matters pertaining to day care and homemaker services.

1975 No67 s7; 1985 c32 s2

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Licence

7. (1) A person shall not operate a day care centre or a homemaker services agency unless he or she is the holder of a licence issued under this Act.

(2) Unless he or she is the holder of a licence issued under this Act, a person shall not conduct or operate, or hold himself or herself out as conducting or operating, a day care centre or homemaker services agency.

1975 No67 s8

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Licences

8. (1) The board may issue a licence to a person to conduct and operate a day care centre or homemaker services agency where it is satisfied that

(a) the applicant is a fit and proper person to operate the centre or agency;

(b) the premises in respect of which the application is made and the equipment situated on those premises is suitable for the services to be rendered;

(c) the premises are in a clean and sanitary condition and in good repair and are reasonably secure against the hazard of fire; and

(d) the employees of the centre or agency are properly qualified to care for the persons receiving the services offered.

(2) A licence issued by the board shall be in a form and shall expire on a date which may be prescribed by the regulations.

(3) Notwithstanding subsection (2), the board shall issue a 6 month temporary licence where the licence is a 1st licence for a day care centre or homemaker services agency.

(4) The board may issue a conditional licence for a period not greater than 6 months where

(a) the renewal of a licence is being considered by the board; and

(b) the licence has been reviewed under section 11 and is subject to conditions imposed under paragraph 12(1)(d).

(5) A licence issued under subsection (4) may be renewed but that renewal shall be for not greater than a total of 3 years.

(6) A person holding from the board a licence to operate a day care centre or homemaker services agency shall keep the licence continuously displayed in a conspicuous place, satisfactory to the board, on the premises in respect of which it was issued.

(7) A copy of this Act shall be issued with each licence.

1990 c30 s2

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Suspension of licence

9. (1) Where the board is of the opinion that a day care centre or homemaker services agency is not being operated in accordance with this Act or the regulations or that the conditions prescribed in or in respect of the licence relating to it, the board may suspend that licence for a period not exceeding 30 days.

(2) The director may exercise the powers conferred on the board by subsection (1).

(3) Where the director suspends a licence under this section, the suspension shall be subject to ratification by the board within 72 hours from the time that it was imposed, and where the suspension is not ratified within that period, it shall cease to have effect on the expiration of that period.

(4) Sections 11 to 14 do not apply in respect of a suspension under this section.

1975 No67 s11

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Cancellation of licences

10. The board may cancel a licence where

(a) the licensee persistently fails to comply with this Act, the regulations, a valid order made under the Act or the regulations or a valid condition prescribed in or in respect of his or her licence;

(b) the licensee persistently fails to carry out the proper orders of the fire commissioner of the province;

(c) the licensee fails to maintain the premises in respect of which the licence was issued in accordance with the standards, specifications and conditions prescribed by the board; or

(d) the licensee is bankrupt or a mortgagee enters into possession of the premises in respect of which the licence was issued.

1975 No67 s12

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Proceedings for cancellation

11. (1) Where an objection is made to the board against renewal of a licence, or where the board proposes to cancel or suspend or not to renew a licence, the board shall by notice in writing advise the licensee of a hearing to determine if suspension, cancellation or non-renewal is appropriate and the licensee may appear at the hearing in person or be represented by legal counsel.

(2) The notice shall state the time and place of the hearing and shall be sent by registered mail by the board to the licensee at his or her last known address at least 7 clear days before the date of the hearing.

(3) A hearing held under this section shall be open to the public.

(4) A member of the board holding a hearing under this section has all of the powers conferred on a commissioner by the Public Inquiries Act, and for the purpose of this section, the board shall be considered to be an "investigating body" under the Public Investigations Evidence Act.

(5) Where a licensee fails to appear at a hearing proposed to be held under this section and the question to be decided at the hearing is whether a licence should be cancelled or suspended,

(a) if it has not been established by evidence given before the board that the licensee has received actual notice of the hearing, the board shall adjourn the hearing and serve the licensee with a copy of the notice in the manner prescribed by section 10 of the Summary Proceedings Act for the service of summonses; or

(b) if it has been proved by evidence given before the board that the licensee has received actual notice of the hearing or has been served with a copy of the notice in the manner prescribed by section 10 of the Summary Proceedings Act for the service of summonses, the board may proceed with the hearing and dispose of the matter in the absence of the licensee.

1975 No67 s13; 1979 c35 Sch A; 1988 c39 s18

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Disposition

12. (1) Upon the hearing of a licensee under section 11 and all evidence offered by the licensee or another person the board may make an order that it considers proper and, in particular, may in that order

(a) cancel the licence;

(b) disqualify a person from holding a licence;

(c) disqualify premises as being eligible to have a licence issued in respect of them; and

(d) impose conditions upon the licensee as the circumstances require.

(2) Hearings held under section 11 may be adjourned from time to time and from place to place in the province.

1975 No67 s14

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Appeal

13. (1) A person who is aggrieved by a decision of the board relating to the suspension or cancellation of or failure to renew a licence may appeal the decision to a judge of the Trial Division.

(2) Where a person proposes to appeal under subsection (1), he or she shall, within 30 days after receiving the decision of the board, serve on the chairperson of the board a written notice of his or her intention to appeal to a judge of the Trial Division.

(3) The notice of appeal to be served under subsection (2) shall be signed by the person appealing or by his or her solicitor or agent, and in the notice, the grounds of appeal shall be set out, and the appellant shall file a copy of the notice in the office of the Registrar of the Supreme Court.

1975 No67 s15; 1986 c42 Schs A & B

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Appointment of day of hearing

14. (1) The person appealing shall, within 14 days after service of the notice of appeal under subsection 13(2), apply to the judge for appointment of a day for the hearing of the appeal, and shall, not less than 14 days before the hearing, serve upon the chairperson of the board a written notice of the day appointed for the hearing.

(2) The judge shall hear the appeal and the evidence adduced before him or her by the appellant and by the board in a summary manner and shall decide the matter of the appeal.

(3) The board shall produce before the judge on the hearing of the appeal all papers and documents in its possession affecting the matter of the appeal.

(4) The costs of the appeal are in the discretion of the judge and he or she may make an order respecting them in favour of or against the board and may fix the amount.

(5) An appeal may be taken from the decision or order of the judge to the Court of Appeal upon a point of law raised upon the hearing of the appeal, and the rules governing appeals to that court from an order or decision of a judge of the Trial Division apply to appeals under this subsection.

1975 No67 s16; 1986 c42 Sch B

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Inspection

15. A day care centre and homemaker services agency shall be open at all times to visitation and inspection by a member of the board, an inspector, or authorized representative of the board, who may examine every part and may call for and examine the records of the institution, financial or otherwise, and may inquire into all matters concerning the institution, its employees and the person receiving services from that institution.

1975 No67 s17

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Powers re inspection

16. (1) Where a member of the board, an inspector or authorized representative of the board believes on reasonable grounds that a person has contravened a provision of this Act or regulations or that a day care centre or homemaker services agency is being operated without a licence in a building, part of a building, group of buildings or another place or accommodation, a member of the board, an inspector or an authorized representative of the board may with a warrant issued under subsection (2) enter at a reasonable time and inspect that building, part of a building, group of buildings or other place or accommodation, and every portion of that building, place or accommodation, and may request from the proprietor of the building, part of a building, group of buildings or other place or accommodation, full information regarding the purpose for which it is used.

(2) A Provincial Court judge or justice of the peace who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is in a building, place or accommodation anything that will afford evidence with respect to an offence under this Act may issue a warrant authorizing a member of the board, an inspector or authorized representative of the board named in the warrant to enter and search those premises and to make those inquiries and copies of books, documents, correspondence and records that are considered necessary, subject to those conditions which may be specified in the warrant.

(3) The owner or person in charge of the building, place or accommodation referred to in this section and every person found in the building shall give the person named in the warrant all reasonable assistance to enable that person to carry out his or her duties and functions under this section and shall furnish the information which that person may reasonably require.

(4) A proprietor referred to in subsection (1) shall not refuse or fail to give information regarding the purpose for which the building, part of a building, group of buildings or other place or accommodation referred to in subsection (1) is used.

(5) Notwithstanding subsection (1), a member of the board, an inspector or authorized representative of the board may exercise the power of search referred to in that subsection without a warrant issued under subsection (2) where the conditions for obtaining the warrant exist but by reason of urgent circumstances it would not be practical to obtain the warrant.

(6) For the purpose of subsection (5), urgent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

1975 No67 s18; 1985 c11 s41; 1988 c39 s20

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Duties of inspectors

17. (1) When requested by the board, an inspector shall investigate and report to the board on an application for a licence to conduct and operate a day care centre or homemaker services agency.

(2) An inspector shall perform those duties, additional to those referred to in subsection (1) and in the regulations, that the board or the minister may direct.

1975 No67 s19

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Alteration of building

18. A licensee shall not add to or alter a building or a part of a building used for a day care centre without first submitting to the board plans of the alterations or additions proposed and receiving the approval of the board.

1975 No67 s20

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Regulations

19. The minister, with the approval of the Lieutenant-Governor in Council, may make regulations

(a) prescribing forms to be used for the purpose of this Act or the regulations and the terms and conditions to be attached to or to apply in respect of licences issued and granted under this Act or the regulations;

(b) prescribing fees payable for a licence and for re-issuance of the licence;

(c) prescribing the conduct, management, appointments and general standards of operation to be required of day care centres and homemaker services agencies;

(d) differentiating between day care centres providing day care for less than 5 children and other day care centres and prescribing standards of conduct, management, appointment and operation to be required of day care centres providing day care for less than 5 children;

(e) differentiating between day care centres operating on a full-time or part-time basis;

(f) differentiating between day care centres providing day care for only pre-school or school age children and day care centres providing day care for both pre-school and school age children;

(g) exempting a person or class of persons providing day care for less than 5 children from the obligations imposed by this Act, and regulations made under this paragraph may be limited as to time or place or both;

(h) prescribing the keeping of records in day care centres and homemaker services agencies and the submission of reports in respect to those centres and agencies to the board;

(i) prescribing staff requirements and the qualifications of those staff for day care centres and homemaker services agencies;

(j) prescribing the fees permitted to be charged by operators of day care centres and homemaker services agencies;

(k) establishing and approving courses and instructions for persons employed in day care centres and homemaker services agencies and providing for the granting of certificates to those who have satisfactorily completed the course of instruction;

(l) providing standards and requirements for admission to day care centres;

(m) prescribing the minimum standards of health and sanitation conditions to be provided in day care centres;

(n) providing for minimum standards of fire safety conditions;

(o) prescribing the manner of computing the amount of funds to be paid by the province on behalf of persons in need to a day care centre or homemaker services agency;

(p) prescribing the conditions, terms and manner under which claims may be submitted by day care centres or homemaker services agencies to the province for payment of public funds; and

(q) generally, to give effect to the purpose of this Act.

1975 No67 s21; 1985 c32 s4; 1987 c19 s3

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Offence

20. Every person who contravenes this Act or the regulations or an order or direction made or issued under the regulations, or makes a false statement in an application, form, report, return, account, record, statement or other document made under this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $500 for a 1st offence and not more than $1,000 for a subsequent offence.

1975 No67 s22

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Reports

21. The board shall make a report to the minister annually, on a date to be prescribed by the minister, concerning the work of the board during the previous year, and the report shall be laid before the House of Assembly within 15 days after it is submitted to the minister if the House of Assembly is then sitting, and if it is not, then within 15 days after the commencement of the next session.

1975 No67 s23

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