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NEWFOUNDLAND AND LABRADOR
REGULATION 89/05

Child Care Services Regulations, 2005
under the
Child Care Services Act

33/07

NEWFOUNDLAND AND LABRADOR
REGULATION 89/05

Child Care Services Regulations, 2005
under the
Child Care Services Act

(Filed September 23, 2005 )

Under the authority of section 16 of the Child Care Services Act , the minister makes the following regulations.

Dated at St. John's , September 22, 2005 .

John Ottenheimer
Minister of Health and Community Services

REGULATIONS

Analysis



Short title

        1. These Regulations may be cited as the Child Care Services Regulations, 2005 .

89/05 s1

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Definitions

        2. In these Regulations

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

             (b)  "centre based child care" means child care that is provided under the direction and management of an operator;

             (c)  "certification" means the certification levels and classifications of levels described in the Schedule;

             (d)  "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; and

             (e)  "home room" means a separate area 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 area.

89/05 s2

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Application for agency licence

        3. (1) A corporation that applies under subsection 7(7) of the Act for a licence to operate an agency shall do so on the form provided for the purpose by the director.

             (2)  An application for a licence referred to in subsection (1) shall be accompanied by the following documentation and information in support of the application:

             (a)  proof of incorporation;

             (b)  certificates of conduct from the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police satisfactory to the director for the directors and officers of the corporation who will have contact with children, or the records of children, in a child care service under the supervision of the agency;

             (c)  [Rep. by 33/07 s1]

             (d)  child protection records checks satisfactory to the director for the directors and officers of the corporation who will have contact with children, or the records of children, in a child care service under the supervision of the agency;

             (e)  with respect to directors and officers of the corporation who will have contact with children, a current record of immunization;

              (f)  proof of necessary municipal approvals; and

             (g)  proof of having obtained $1 million commercial general liability insurance or its equivalent or a statement from an insurer of an intention to provide the insurance.

             (3)  An agency shall ensure, as a condition of retaining its licence, that

             (a)  its employees and persons providing family child care under its supervision who will have contact with the records of children in a child care service satisfy the requirements imposed on directors and officers under subsection (2);

             (b)  its employees who may have contact with children, in addition to the requirement contained in paragraph (a), provide a current record of immunization; and

             (c)  the persons providing family child care under its supervision, shall, in addition to the requirements contained in paragraphs (a) and (b), provide evidence that they have a current first aid certificate from an organization recognized by the minister as being qualified to give the certificate.

             (4)  An application for a licence referred to in subsection (1) shall be accompanied by a program prepared in accordance with the program policy approved by the minister and containing information respecting:

             (a)  the duties and responsibilities of officers and employees of the corporation; and

             (b)  the supports to be provided to family child care services under the agency’s supervision.

             (5)  It is a condition of the continuance of its agency licence that a corporation shall

             (a)  implement its program;

             (b)  not change its program; or

             (c)  not make changes to its directors or officers who have contact with children, or the records of children, in family child care homes for which the agency is responsible,

without the prior approval of the director.

             (6)  An agency licence may be issued for up to 3 years.

89/05 s3; 33/07 s1

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Application for centre based child care service licence

        4. (1) A person who applies under subsection 7(1) of the Act for a licence to operate a centre based child care service shall do so on the form provided for the purpose by the director.

             (2)  An application for a licence referred to in subsection(1) shall be accompanied by the following documentation and information in support of the application:

             (a)  where the applicant is

                      (i)  a corporation,

                            (A)  proof of incorporation,

                            (B)  certificates of conduct from the Royal Newfoundland Constabulary or the RCMP satisfactory to the director for the directors and officers of the corporation who will have contact with children or the records of children to whom child care is provided,

                            (C)  [Rep. by 33/07 s2]

                            (D)  child protection records checks satisfactory to the director for the directors and officers of the corporation who will have contact with children, or the records of children, to whom child care is provided,

                             (E)  with respect to the directors and officers of the corporation who will have contact with children, a current record of immunization, and

                             (F)  the name of the person who will serve as the operator of the child care service together with proof satisfactory to the director that the person meets the requirements of these regulations to be an operator, or

                     (ii)  not a corporation,

                            (A)  certificates of conduct from the Royal Newfoundland Constabulary or the RCMP satisfactory to the director for the applicant and, where the applicant is not the operator, the operator, who will have contact with children or the records of children to whom child care is provided,

                            (B)  [Rep. by 33/07 s2]

                            (C)  child protection records checks satisfactory to the director for the applicant and, where the applicant is not the operator, the operator, who will have contact with children, or the records of children, to whom child care is provided,

                            (D)  proof that the applicant, where the applicant is the operator, meets the educational and other requirements of these regulations,

                             (E)  a current record of immunization for the applicant and, where the applicant is not the operator, the operator,

                             (F)  with respect to an applicant, and where the applicant is not the operator, the operator, who will be directly involved in caring for children, evidence that he or she has a current first aid certificate from an organization recognized by the minister as being qualified to give the certificate,

                            (G)  the name of the person who will serve as the operator if different from the applicant together with proof satisfactory to the director that the person meets the requirements of these regulations to be an operator;

             (b)  proof of necessary municipal approvals;

             (c)  proof of having obtained $1 million commercial general liability insurance or its equivalent or a statement from an insurer of an intention to provide the insurance; and

             (d)  professionally drawn plans showing

                      (i)  the area of the building and associated areas where the child care service will be provided,

                     (ii)  the home rooms,

                    (iii)  the sleep room for infants, if applicable,

                    (iv)  washroom facilities,

                     (v)  the kitchen location, where one is on site; and

             (e)  certification that there has been compliance with building and outdoor play area standards set by the minister.

             (3)  An application for a licence referred to in subsection (1) shall be accompanied by a program prepared in accordance with the program policy approved by the minister and containing information respecting

             (a)  the principles on which the program has been developed;

             (b)  equipment;

             (c)  room arrangements;

             (d)  the outdoor play area;

             (e)  the daily routine;

              (f)  play materials description; and

             (g)  policies on how children will be oriented to the service, on health and safety issues, on parental involvement, on the guidance of children's behaviour, on transportation of children, on outings for children and admission to and departure from the service.

             (4)  A licensee shall ensure, as a condition of retaining its licence, that its employees

             (a)  who will have contact with the records of children in a child care service satisfy the requirements imposed on directors and officers under subsection (2);

             (b)  who will have contact with children but not be directly involved in caring for them, in addition to meeting the requirements of paragraph (a), provide a current record of immunization; and

             (c)  who will be directly involved in caring for children, in addition to meeting the requirements of paragraphs (a) and (b), provide evidence that they have a current first aid certificate from an organization recognized by the minister as being qualified to give the certificate.

             (5)  A person who is not an employee of a licensee but who, as a result of an education or training program, or as a result of an assistance program,

             (a)  may have contact with the records of children in a child care service;

             (b)  may have contact with children but will not be directly involved in carrying for children; or

             (c)  is directly involved in caring for children

shall comply with paragraph (4)(a), (b) or (c) as if the person were an employee of the licensee.

             (6)  It is a condition of the continuance of a licence referred to in subsection (1)

             (a)  that a licensee shall not make any changes to its directors or officers who have contact with children, or the records of children, in the child care centre without the prior approval of the director; and

             (b)  that all modifications and changes made to areas of the building and associated areas where child care is provided have the prior approval of a director.

             (7)  The appointment by a licensee of an operator is subject to the prior approval of the director.

             (8)  A licence to provide centre based child care may be issued for up to 3 years.

89/05 s4; 33/07 s2

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Application for family child care licence

        5. (1) A person who applies under subsection 7(1) of the Act for a licence to operate a family child care service shall do so on the form provided for the purpose by the director.

             (2)  An application for a licence referred to in subsection (1) shall be accompanied by the following documentation and information in support of the application:

             (a)  certificates of conduct from the Royal Newfoundland Constabulary or the RCMP satisfactory to the director for the applicant and other persons living in the home;

             (b)  [Rep. by 33/07 s2]

             (c)  child protection records checks satisfactory to the director for the applicant and other persons living in the home;

             (d)  proof that the applicant meets the educational requirements under these regulations;

             (e)  proof of necessary municipal approvals;

              (f)  proof of having obtained $1 million commercial general liability insurance or its equivalent or a statement from an insurer of an intention to provide the insurance;

             (g)  a sketch to scale of the home and outdoor play area where the child care will be provided showing the area of the home where the family child care service will be provided; and

             (h)  certification there has been compliance with the building and outdoor play area standards set by the minister.

             (3)  Subsection 4(4) applies to an applicant and other persons living in the home.

             (4)  A person who intends to live in a home from which a family child care service is operated shall satisfy the requirements of subsections (2) and (3) before he or she begins to live there.

             (5)  An application for a licence referred to in subsection (1) shall be accompanied by a program prepared in accordance with the program policy approved by the minister and containing information respecting

             (a)  the principles on which the program has been developed;

             (b)  equipment;

             (c)  room arrangements;

             (d)  the outdoor play area;

             (e)  the daily routine;

              (f)  play materials description; and

             (g)  policies on how children will be oriented to the service, on health and safety issues, on parental involvement, on the guidance of children's behaviour, on transportation of children, on outings for children and admission to and departure from the service.

             (6)  It is a condition of the continuance of a licence issued under subsection (1) that all modifications and changes made to areas of the building and associated areas where child care is provided have the prior approval of a director.

             (7)  A licence to provide family child care may be issued for up to 3 years.

89/05 s5; 33/07 s3

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Application for renewal

        6. (1) An application for a renewal or variation of a licence shall be on the form provided by the director for the purpose and shall be accompanied by the documentation referred to in the form.

             (2)  An application for a renewal of a licence shall be made not later than 60 days prior to the expiry of the current licence, but an application for a variation may be made at any time.

89/05 s6

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Agency

        7. (1) An agency shall

             (a)  receive applications and approve persons to provide family child care services in accordance with the requirements for licensing a family child care service under these regulations;

             (b)  shall supervise family child care services under its control to ensure compliance with the Act and these regulations;

             (c)  shall provide supports to family child care services under its supervision; and

             (d)  shall appoint a person as a home visitor.

             (2)  The appointment of a home visitor is subject to the prior approval of the director.

             (3)  A home visitor shall visit a family child care service at least once a month.

             (4)  All approved family child care services under the supervision of an agency are subject to the requirements imposed on licensed family child care under these regulations.

89/05 s7

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Building requirements

        8. (1) A child care service

             (a)  shall, if it is centre based,

                      (i)  be located in premises which are not 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,

                     (ii)  have a home room for each group of children attending that centre with floor space of not less than 3.3 square metres per child in that home room, excluding fixed equipment,

                    (iii)  have a separate sleep room directly accessible to the home room of children aged from birth to 24 months,

                    (iv)  provide diapering stations if licensed for children not of school age,

                     (v)  provide washroom facilities which are available for the exclusive use of that child care service and which meet the requirements of the National Building Code ( Canada ),

                    (vi)  if it operates more than 4 hours a session, have access to an outdoor play area on-site, surfaced, enclosed, of a size and equipped in the manner determined by the minister, and

                   (vii)  if it operates for 4 or fewer hours a session, have access to an outdoor play area which, if it is on-site, shall conform to the requirements of subparagraph (vi), but if it is not on-site, which is safe and appropriate for the purpose, in the opinion of a director; and

             (b)  if it is a family child care service which has an on-site outdoor play area, it shall conform to the requirements of subparagraph (vi), but if it does not have an on-site outdoor play space, then with subparagraph (vii).

             (2)  A building or a part of a building that has been approved for the operation of a centre based child care service shall not be used for another purpose during the hours of operation of the service.

             (3)  Where more than one centre based child care service is operated from a building, each service shall fulfil all the requirements of these regulations as if it alone operated from the building.

             (4)  Where an application is made for a licence by a person who was licensed under the Day Care and Homemaker Services Act on June 4, 1999 the person shall comply with the relevant health and life safety standards applicable to that person’s application immediately before that date, subject to safety and other standards which the provincial director may impose.

89/05 s8

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Child care service requirements

        9. (1) A child care service

             (a)  shall have a telephone that is in working order;

             (b)  shall have a first aid kit which meets the requirements of the Standards and Guidelines for Health in Child Care Settings Manual approved by the minister;

             (c)  shall provide and maintain safe play materials, furniture and equipment which is developmentally appropriate and sufficient for the children cared for in the service in conformity with standards established under the Hazardous Products Act (Canada);

             (d)  shall not allow the use of baby walkers or infant or older children jumping apparatus;

             (e)  where it is necessary to administer prescription medication to a child, shall first obtain the written permission of a parent or guardian of the child for the administration of the medication;

              (f)  shall administer an over-the-counter medication to a child only as directed by a physician, dentist or nurse practitioner, but a person providing care to a child in a child care service may administer fever-reducing medication to the child with the prior, written consent of the parent or guardian of the child;

             (g)  shall keep medication to be administered to a child in a safe, secure and appropriate place as well as the records pertaining to the administration of the medication;

             (h)  shall ensure a child being cared for in the child care service is appropriately supervised at all times;

              (i)  shall not permit a child 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;

              (j)  shall carry out a monthly fire and emergency evacuation drill from the premises in which that child care service is operated;

             (k)  shall provide meals to children in accordance with the requirements of the Canada Food Guide to Healthy Eating;

              (l)  shall prepare food and ensure food handling and food handling facilities are in accordance with the requirements of the Standards and Guidelines for Health in Child Care Settings Manual approved by the minister;

            (m)  shall ensure a child sleeps, is fed and offered food appropriate to the child’s stage of development and individual capability;

             (n)  shall, daily, provide to the parent or guardian of a child who is less than 24 months of age a written record of the child’s eating, sleeping and elimination patterns;

             (o)  shall, where a child becomes seriously ill, injured or dies while in the care of a child care service, immediately notify a parent, guardian or other person named under paragraph 10(1)(c) and the director of that illness, injury or death and the notification shall be given by the licensee for that child care service, the operator, provider or an agency which supervises that child care service;

             (p)  shall, where a child care service is operated by one person, have the services of a second person who is more than 18 years of age immediately available in case of an emergency; and

             (q)  shall implement the program approved for that child care service at the time of being licensed.

             (2)  Notwithstanding paragraph (q), a program may be changed with the prior approval of the director.

             (3)  A centre based child care service may only provide child care between the hours of 6:30 a.m. and 8:30 p.m.

89/05 s9

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Records

      10. (1) A child care service shall keep and maintain records with respect to each child a t the child care service, including

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

             (b)  the name, home and work address and telephone number of the parent or guardian 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 departure 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 person designated for the purpose 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;

(h)  a current health record;

              (i)  an administration of medications record;

              (j)  an injury and incident report ; and

             (k)  the other records required to be kept by the Standards and Guidelines for Health in Child Care Settings Manual.

             (2)  A child care service shall keep and maintain at the service’s operating location, and an agency, at the office of the agency,

             (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 agency are carried out;

             (c)  copies of violation orders and corrective action notices for the current licence period; and

             (d)  information required to be provided by these regulations about child care operators, providers, employees and other persons.

             (3)  The records required to be kept by a child care service by this section 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.

             (4)  The parent of a child shall have access to the records of his or her child referred to in paragraphs (1)(a) to (k) and records referred to in paragraphs (2)(a) to (c) upon request.

             (5)  A person shall not destroy, alter, deface or obliterate an employee, child or other record referred to in this section.

89/05 s10

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Notification of change

      11. (1) A child care service and an agency shall notify, in writing, a parent or guardian of a child in a service

             (a)  of a variation, suspension or cancellation of a licence or approval applicable to that child care service;

             (b)  of the closure or sale of a child care service or agency, not fewer than 2 weeks before that closure or sale, where possible;

             (c)  as soon as is practicable after becoming aware of the commencement of an investigation by a director of child, youth and family services, the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police into a matter involving a child cared for in the child care service and an employee or other person associated with the child care service, unless the constabulary, police or the director of child, youth and family services directs otherwise; and

             (d)  of conditions imposed upon the renewal of a licence, if considered appropriate by the director.

             (2)  Where an agency ceases to supervise a family child care service, the agency shall immediately notify a parent or guardian of a child to whom child care is provided.

             (3)  Where notice is given under this section, confirmation of the notice shall be given to the director.

89/05 s11

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Transportation

      12. (1) Where children are being transported by or on behalf of a child care service, in addition to the driver a person 16 years of age or older shall accompany the children where more than

             (a)  8 children entitled to attend school are being transported;

             (b)  4 children between the ages of 24 and 69 months are being transported; or

             (c)  3 children who are less than 24 months are being transported.

             (2)  Where the children being transported belong to more than one of the age groups referred to in paragraphs (1)(a) to (c), the age of the youngest of the children determines which of the ratios set by paragraphs (1)(a) to (c) applies.

             (3)  Notwithstanding subsection (1) or (2), where a child is being transported on a snow vehicle or sled or on the device commonly known as a komatik, the child shall be accompanied by a person 18 years of age or older, in addition to the driver, who shall have the child in sight at all times.

             (4)  Notwithstanding subsection (1), (2) or (3), a child shall not be left unattended.

             (5)  Where children in a child care service are being walked to an outside activity away from the child care service premises, there shall be sufficient supervision to ensure that those children are safely and properly escorted to, from and at that activity.

89/05 s12

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Inspectors and inspection

      13. (1) A child care service and an agency shall be inspected by an inspector at least once a year.

             (2)  An inspector may enter onto an agency at any time or a child care service premises at any time when children are being provided with care on those premises.

             (3)  An inspector who inspects agencies shall ensure 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.

             (4)  An inspector shall report annually on each child care service and agency licensed by a director to that director.

89/05 s13

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Service

      14. (1) A violation order or notice of a decision made under subsection 10(2) of the Act shall be personally served on a licensee or operator of a child care service.

             (2)  Notwithstanding subsection (1), where personal service cannot be effected, service may be made by registered mail to the last known address of the licensee or child care service.

             (3)  A notification required to be given in writing may be personally served or sent by regular mail to the last known address of the person requiring notice.

89/05 s14

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Ratios and group sizes

      15. (1) The following ratios of staff to children and child group sizes shall apply with respect to child care centres:

 


Age of Child


Staff to Child Ratio

Maximum
Group Size

0 to 24 months

1 staff to 3 children

6 children

24 to 36 months

1 staff to 5 children

10 children

36 to 69 months

1 staff to 8 children

16 children

57 to 84 months and entitled to attend school

1 staff to 12 children

24 children

84 to 155 months

1 staff to 15 children

30 children

             (2)  In a child care centre

             (a)  children aged from birth to 12 months shall not be included in a mixed age group; and

             (b)  notwithstanding subsection (1), in a group of children made up of more than one category of age group as set out in subsection (1), commonly known as a mixed age group of children,

                      (i)  where the group consists of children who are more than 12 months and less than 69 months of age, the age of the youngest child shall determine the staff to child ratio and group size,

                     (ii)  where the group consists of children ages 24 to 84 months, the maximum group size shall be 14 with an adult to child ratio of one to 7, but the group shall not comprise more than 4 children ages 24 to 36 months,

                    (iii)  where the group consists of children ages 36 to 155 months, the maximum group size shall be 16 with an adult to child ratio of one to 8, but the group shall not comprise more than 4 children ages 84 to 155 months, and

                    (iv)  where the group consists of children ages 57 to 155 months, the maximum group size shall be 30 with an adult to child ratio of one to 15, but the group shall not comprise more than 12 children ages 57 to 84 months who are entitled to attend school.

             (3)  The mixed age grouping required by subsection (2) does not apply during the first hour or the last hour of operation of a child care service where the children are 24 months or older and there are no more than 5 children in attendance.

             (4)  For the purpose of determining a ratio under subsection (1) or (2), a child who continues to be placed in an age group beyond, or is moved before, the birthday at which he or she would ordinarily move to another age group because a period of transition is in the best interests of the child, shall be considered as belonging to that age group for a maximum of 3 months.

             (5)  A person who provides child care at a child care service shall be 18 years of age or older.

             (6)  When calculating staff to child ratios, only staff who are actually supervising children shall be considered.

             (7)  Notwithstanding subsection (1), a child care service licensed and operating under the Day Care and Homemaker Services Act on the day the Act came into force may have a ratio of one staff person to 6 children for a maximum group size of 12, for children aged 24 to 36 months.

89/05 s15; 33/07 s4

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Family child care

      16. (1) An applicant for a licence to provide family child care may be licensed to provide care for a maximum of 6 children, the actual number to be determined by

             (a)  the ages and needs of the children;

             (b)  the number and ages of the applicant's own children who are living in the house;

             (c)  the physical environment in which the children will be cared for; and

             (d)  the program proposed for the children by the applicant.

             (2)  Where a person is providing family child care to more than 4 children, no more than 3 children shall be below the age of 36 months and no more than 2 of those 3 children shall be between the ages of birth and 24 months.

             (3)  Notwithstanding subsections (1) and (2), a person providing family care may provide care to 4 children below the age of 36 months but, in that case, no more than 2 of those children shall be between the ages of birth and 24 months and the maximum number of children to whom the person may provide care is 4.

             (4)  Notwithstanding subsections (1), (2) and (3), a person providing family child care may provide child care to 3 children between the ages of birth and 24 months, but in that case the person shall not provide care to more than those 3 children at a time.

             (5)  Where a director believes that the care of children would not be detrimentally affected by doing so, notwithstanding subsections (1) to (4), the director may permit a person providing family child care to provide care to 2 additional children who are entitled to attend school where 2 of the children to whom the person provides care are his or her own children who are not entitled to attend school.

             (6)  Where a director believes that the care of children would not be detrimentally affected by doing so, the director may permit a person providing family child care to provide care to a seventh child where the care is provided

             (a)  for no longer than 1.5 hours once a day; or

             (b)  for a continuous period of 12 hours once a week.

             (7)  A director shall not give an exemption under subsection (5) and a permission under subsection (6) to a person providing family child care so that the person would have the exemption and the permission at the same time.

             (8)  Where an exemption is given under subsection (5) or a permission given under subsection (6), the person to whom it is given shall nevertheless comply with subsections (2), (3) and (4).

89/05 s16

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Qualifications of operators

      17. (1) A centre based child care service shall have an operator who directs and manages the operation of that service and an operator shall have

             (a)  not less than a Level 2 certification in the age range classifications referred to in Schedule A for which the child care centre is licensed; and

             (b)  2 or more years of work experience in a licensed child care centre.

             (2)  One of the years of work experience referred to in paragraph (1)(b) may be in an unlicensed setting with school aged children.

89/05 s17

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Home room staff

      18. (1) A home room shall have a person known as the lead staff person and that lead staff person shall have not less than a Level 1 certification in the age range classifications of the children cared for in that room and not less than one year of work experience in one of the classifications.

             (2)  A person employed in a child care centre who is considered to be a part of the ratio of staff to children referred to in section 15 or 25 and who is not the lead staff person, shall have not less than an entry level certification in the age range classifications of the children cared for in the home room to which that person is assigned and in the event there are infants in the home room a level one certification in infant care is required.

89/05 s18

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Family child care qualifications

      19. (1) A 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 in family child care.

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Child care services consultants

      20. 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.

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Waiver of qualifications

      21. (1) The educational and work qualifications contained in sections 17 to 19 may be waived by a director where the director is satisfied that persons who meet the qualifications cannot be reasonably obtained by the child care service in the area in which the service is operated.

             (2)  In seeking a waiver of a director under subsection (1), a licensee shall provide the director with

             (a)  a copy of the advertisement seeking qualified applicants;

             (b)  the reasons why a person with suitable qualifications cannot be reasonably obtained and why the licensee has selected another person;

             (c)  the conditions agreed to by the person selected for fulfilling the required qualifications; and

             (d)  the conditions for satisfying the educational requirements contained in sections 17 to 19 agreed to by the applicant.

             (3)  A director may approve a person referred to in subsection (2) or may approve the person subject to the conditions the director may set.

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Equivalency

      22. Notwithstanding sections 17 to 20 the provincial director may determine a combination of education and experience as equivalent to the certification levels described in the Schedule.

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Continuing education

      23. In order to keep a certification valid, the holder of that certification shall complete not less than 30 hours of professional development training or continuing education every 3 years.

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Transitional education requirements

      24. Notwithstanding sections 17 to 20, 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 June 4, 1999 shall be considered to hold the certification required of an operator under these regulations.

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Transitional

      25. A day care centre licensed under the Day Care and Homemaker Services Act whose licence was in force on June 4, 1999 and that had, on that day an enrolment of children who were

             (a)  more than 36 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 with a ratio of one staff person to 8 children;

             (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 with a ratio of one staff person to 5 children;

             (c)  a group comprising more than 10 children who were between the ages of 24 and 155 months may continue with that age group to a maximum of 16 children, but the adult to child ratio shall be one to 8, no more than 4 children shall be between 24 and 36 months and no more than 4 children shall be between 84 to 155 months; and

             (d)  a group comprising more than 16 children who were between the ages of 36 and 155 months may continue with that age group to a maximum of 24 children, but the adult to child ratio shall be one to 8 and no more than 4 children shall be 84 to 155 months.

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New licence required

      26. Where a child care centre referred to in subsection 15(7) or section 25 changes its location, capacity, physical structure or age range of children, that child care service shall apply for a new licence under the Act.

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Transitional:  play spaces

      27. A child care service licensed on the coming into force of these regulations that has an existing play space adjacent to the building where the service is provided that is unable to meet the space requirements for an outdoor play space imposed by these regulations may be exempted where the director is satisfied that the service's program contains compensatory measures that adequately address the deficiency.

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Day camps

      28. The activity commonly known as day camps is not considered to be a child care service to which the Act and these regulations applies.

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Repeal

      29. The Child Care Services Regulations, Newfoundland and Labrador Regulation 37/99, are repealed.

89/05 s29

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Schedule

Child Care Service Certification

Classification

Entry Level

Level
One

Level
Two

Level Three

Level
Four

Preschool

Preschool Orientation Course (PSOC)

Early Childhood Education (ECE) Certificate

ECE diploma

ECE diploma plus post-diploma specialization

or

ECE certificate plus related university degree

university degree in ECE

 

or

 

University degree plus ECE diploma

School-Age

School-age Orientation Course (SACCOC)

ECE Certificate plus SACCOC

or

related post-secondary certificate plus PSOC and SACCOC

ECE diploma plus SACCOC

or

related post-secondary diploma plus PSOC and SACCOC

preschool or school age level 2 plus post-diploma school age child care specialization

or

an Education degree plus SACCOC

or

related university degree plus PSOC and SACCOC

Infant

No entry Level for Infant Child Care Services Certification

ECE certificate plus infant child care orientation course (ICCOC)

ECE diploma plus ICCOC

ECE diploma plus post-diploma infant-toddler specialization

or

related university degree plus ECE certificate plus ICCOC

Family Child Care

Family Child Care Orientation Course (FCCOC)

Post-secondary Certificate in family child care

or

ECE certificate plus FCCOC

Family Child Care Level I plus ECE certificate

or

ECE diploma plus FCCOC

Family child care certificate plus ECE diploma

or

Family home child care level 1 plus related university degree

89/05 Sch