Acts and Regulations

2018-11 - Licensing

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Full text
Current to 13 December 2023
NEW BRUNSWICK
REGULATION 2018-11
under the
Early Childhood Services Act
(O.C. 2018-39)
Filed January 31, 2018
Under section 63 of the Early Childhood Services Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Licensing Regulation – Early Childhood Services Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Early Childhood Services Act.(Loi)
“early learning and childcare home” means a licensed facility at which services are provided in a home setting for more than four consecutive hours per day and three or more days per week to a group of children under subsection 7(4). (garderie éducative en milieu familial)
“educator” means an operator or a staff member of a full-time or part-time early learning and childcare centre who is at least 16 years of age and who works directly with children.(éducateur)
“extended hour services” means services provided at a licensed facility after 12 consecutive hours of services have been provided or after services have been provided for five days in a week.(services de garde prolongés)
“full-time early learning and childcare centre” means a licensed facility at which services are provided for more than four consecutive hours per day and three or more days per week to a group of children under subsection 7(2).(garderie éducative à temps plein)
“inclusion support worker” means a staff member who is approved by the Minister to provide services directly to children with additional needs.(travailleur d’appui à l’inclusion)
“indoor play area” means the dining room, rest area and spaces for the play and activities of children receiving services during operating hours but excludes the service area and the traffic area.(aire de jeu intérieure)
“overnight services” means services provided at a licensed facility between 8 p.m. and 6 a.m.(services de garde de nuit)
“part-time early learning and childcare centre” means a licensed facility at which services are provided to one of the following groups: (garderie éducative à temps partiel)
(a) a group of children under subsection 7(3)(a) for four consecutive hours per day or fewer or for fewer than three days per week, or
(b) a group of children under subsection 7(3)(b).
“service area” means the office, staff room, kitchen, laundry room, washrooms, storage spaces and other common utility spaces.(aire de service)
“traffic area” means hallways, entrances and other clearly delineated spaces that link the rooms or that lead outdoors.(aire de circulation)
2022, c.30, s.2
Associated person
3For the purposes of the definition “associated person” in section 1 of the Act, an associated person is a person who is at least 18 years of age and resides in a facility but excludes an operator.
Application for licence
4(0.1)In subsection (1)
(a) in paragraph (e) the applicant includes: 
(i) the directors, in the case of an applicant that is a corporation or an unincorporated association;
(ii) the partners, in the case of an applicant that is a partnership; and
(iii) the general partners, in the case of an applicant that is a limited partnership; and
(b) in paragraph (f) the applicant includes: 
(i) in the case of a corporation or unincorporated association, the directors who have contact with children receiving services in the facility or who manage the finances of the facility;
(ii) in the case of a partnership, the partners who have contact with children receiving services in the facility or who manage the finances of the facility; and
(iii) in the case of a limited partnership, the general partners who have contact with children receiving services in the facility or who manage the finances of the facility.
4(1)For the purposes of subsection 5(2) of the Act, an application for a licence shall be accompanied by the following documents:
(a) a copy of the articles of incorporation under section 3 of the Business Corporations Act, if applicable;
(b) proof of compliance with the applicable municipal by-laws;
(c) a copy of the Certificate of Insurance as proof of the insurance policy referred to in section 15 or a statement from an insurer of an intention to provide the Certificate of Insurance;
(d) an operational plan consisting of
(i) a description of the services that will be provided and the measures that will be taken to implement those services,
(ii) a statement of services for a parent or guardian of a child who will receive services, and
(iii) weekly menus;
(e) a criminal record check or vulnerable sector check, as the case may be, conducted on the applicant and a criminal record check conducted on any associated persons, issued during the previous three months;
(f) a check with the Department of Social Development conducted on the applicant and any associated persons and issued during the previous three months;
(g) if the facility is a full-time or part-time early learning and childcare centre,
(i) a comprehensive business plan,
(ii) three copies of the official plan of the premises, including the outdoor play area,
(ii.1) the inclusion policy for the facility,
(iii) a staffing plan that includes a description of
(A) staff member positions and responsibilities, and
(B) orientation policies and procedures; and
(h) if the facility is an early learning and childcare home,
(i) an unofficial plan of the premises, including the outdoor play area, and
(ii) a copy of the well water inspection certificate, if applicable.
4(2)For the purposes of subsection 5(2) of the Act, the fees are as follows:
(a) $100 for a licence to provide services at an early learning and childcare home; and
(b) $200 for a licence to provide services at a full-time or part-time early learning and childcare centre.
2021, c.1, s.29; 2023, c.2, s.176
Requirements for the issuance of a licence
5Before issuing a licence to provide services at a full-time or part-time early learning and childcare centre, the Minister shall require the following:
(a) a statement of compliance from a medical officer of health appointed under the Public Health Act stating that the facility meets lighting, ventilation and other general health standards under the Public Health Act, and
(b) a statement of compliance from the fire marshal, the deputy fire marshal or a fire prevention officer appointed under the Fire Prevention Act stating that the facility meets the standards under the Fire Prevention Act.
Application to renew licence
6(1)An application for the renewal of a licence shall be made at least 90 days before the expiration date of the licence.
6(2)For the purposes of subsection 11(2) of the Act, an application for the renewal of a licence shall be accompanied by the following documents:
(a) a copy of the Certificate of Insurance as proof of the insurance policy referred to in section 15;
(b) if the facility is a full-time or part-time early learning and childcare centre,
(i) a statement of compliance from a medical officer of health appointed under the Public Health Act stating that the facility meets lighting, ventilation and other general health standards under the Public Health Act,
(ii) a statement of compliance from the fire marshal, the deputy fire marshal or a fire prevention officer appointed under the Fire Prevention Act stating that the facility meets the standards under the Fire Prevention Act,
(iii) the operational plan referred to in paragraph 4(1)(d), if changes have been made to the plan, and
(iv) the staffing plan referred to in subparagraph 4(1)(g)(iii), if changes have been made to the plan; and
(c) if the facility is an early learning and childcare home, a copy of the well water inspection certificate, if applicable.
6(3)For the purposes of subsection 11(2) of the Act, the fees are as follows:
(a) $75 for a licence to provide services to up to 25 children;
(b) $112.50 for a licence to provide services to 26 to 60 children; and
(c) $150 for a licence to provide services to more than 60 children.
Order of priority for designation
2022, c.30, s.2
6.1For the purposes of subsection 15.1(5) of the Act, the Minister shall designate, before any other facility, an early learning and childcare home or, if the operator is a non-profit organization, a full-time early learning and childcare centre or a part-time early learning and childcare centre.
2022, c.30, s.2
Application for a designation
2022, c.30, s.2
6.2(1)For the purposes of subsection 15.1(2) of the Act, an application for a designation shall be accompanied, on a form provided by the Minister, by an analysis of the market of the services the facility provides or intends to provide.
6.2(2)The analysis shall be conducted in accordance with the policies and procedures established by the Minister for the purposes of subsection 15.1(3) of the Act.
2022, c.30, s.2
Application for renewal of a designation
2022, c.30, s.2
6.3For the purposes of subsection 15.2(2) of the Act, an application for renewal of a designation shall be accompanied, on a form provided by the Minister, by the quality improvement plan referred to in section 6.4.
2022, c.30, s.2
Quality improvement plan
2022, c.30, s.2
6.4(1)An operator of a designated facility shall establish a quality improvement plan with respect to the services provided to infants and preschool children at the designated facility.
6.4(2)The operator shall implement and monitor the quality improvement plan and revise it each year.
2022, c.30, s.2
Classes of licensed facilities
7(1)The classes of licensed facilities are as follows:
(a) a full-time early learning and childcare centre;
(b) a part-time early learning and childcare centre; and
(c) an early learning and childcare home.
7(2)Only one of the following groups of children shall receive services at a full-time early learning and childcare centre:
(a) more than three infants, including the children of the operator;
(b) more than five preschool children, including the children of the operator; or
(c) more than six children, including the children of the operator, if the children are from more than one of the following groups:
(i) the group described in paragraph (a);
(ii) the group described in paragraph (b); and
(iii) school-age children.
7(3)Only one of the following groups of children shall receive services at a part-time early learning and childcare centre:
(a) more than five preschool children, including the children of the operator; or
(b) more than nine school-age children, including the children of the operator.
7(4)Only one of the following groups of children shall receive services at an early learning and childcare home:
(a) three infants, including the children of the operator;
(b) five preschool children, including the children of the operator;
(c) nine school-age children, including the children of the operator; or
(d) six children, including the children of the operator, if the children are from more than one of the groups described in paragraphs (a) to (c).
7(5)The group referred to in paragraph (4)(d) shall include at least one school-age child and shall not include more than two infants.
7(6)The number of children under subsections (2) to (4) means the number of children receiving services at any one time during operating hours.
Maximum number of children
8(1)The maximum number of children who may receive services at a facility as indicated on the licence of the facility under paragraph 6(4)(d) of the Act means the maximum number of children receiving services at any one time during operating hours.
8(2)The maximum number of children who may receive services at a full-time or part-time early learning and childcare centre, as indicated on the licence, shall not exceed 60 children, including the children of the operator.
8(3)Despite subsection (2), if the Minister of Social Development had designated a number in excess of 60 children for a day care centre under subsection 3(5) of New Brunswick Regulation 83-85 under the Family Services Act before the commencement of this section, the Minister may continue to designate the same number of children for the full-time or part-time early learning and childcare centre.
2019, c.2, s.37
Child-to-staff ratios for same age group
9(1)The child-to-staff ratio is one educator for each of the following groups of children of the same age receiving services at a full-time or part-time early learning and childcare centre:
(a) three infants or fewer;
(b) five children or fewer who are two years of age;
(c) eight children or fewer who are three years of age;
(d) ten children or fewer who are four years of age or older, but who are not yet attending school; and
(e) 15 school-age children or fewer.
9(2)An educator under 19 years of age shall be supervised at all times when he or she is working directly with a child by an educator who is at least 19 years of age.
9(3)For the purposes of subsection (1), any staff member may replace an educator during the meals and breaks of an educator.
9(4)The Minister may alter the number of educators required under subsection (1) if the Minister is of the opinion that special circumstances exist.
9(5)The number of children grouped at a full-time or part-time early learning and childcare centre shall not be more than the number that requires two educators.
9(6)Despite subsection (5), the number of infants grouped at a full-time or part-time early learning and childcare centre that is licensed under New Brunswick Regulation 83-85 under the Family Services Act on the commencement of this section shall not be more than the number that requires three educators.
2023-26
Child-to-staff ratios for mixed-age group
2023-26
10(1)The number of educators that are required for a group of children of mixed ages receiving services at a full-time or part-time early learning and childcare centre is calculated as follows:
(a) by multiplying the number of children of the same age by the corresponding factor set out in Schedule A; and
(b) by adding the results obtained under paragraph (a).
10(2)If the total obtained under subsection (1) is not a whole number, it shall be
(a) rounded to the nearest tenth, and
(b) rounded to the following whole number, if necessary.
10(3)An educator under 19 years of age shall be supervised at all times when he or she is working directly with a child by an educator who is at least 19 years of age.
10(4)For the purposes of subsection (1), any staff member may replace an educator during the meals and breaks of an educator.
10(5)The Minister may alter the number of educators required under subsection (1) if the Minister is of the opinion that special circumstances exist.
10(6)The number of children grouped at a full-time or part-time early learning and childcare centre shall not be more than the number that requires two educators.
10(7)Despite subsection (6), if an infant is grouped at a full-time early learning and childcare centre with children of a mixed-age group, the number of children grouped shall not be more than the number that requires one educator.
10(8)For the purposes of this section, an infant may only be grouped with children of a mixed-age group outside the hours of 8:30 a.m. to 4:30 p.m. and on the condition that the infant is grouped with preschool children and other infants.
2023-26
Qualifications and training
11The qualifications and training requirements for administrators and educators are as follows:
(a) an administrator or an educator must hold a valid first aid certificate and a valid cardiopulmonary resuscitation certificate;
(b) an administrator or an educator who does not hold a one-year Early Childhood Education Certificate, or training that is equivalent in the opinion of the Minister, must have successfully completed the Introduction to Early Childhood Education course; and
(c) at a full-time or part-time early learning and childcare centre,
(i) an administrator or at least 25% of educators must hold a one-year Early Childhood Education Certificate, or training that is equivalent in the opinion of the Minister, and
(ii) on and after July 1, 2020,
(A) at least 50% of educators must hold a one-year Early Childhood Education Certificate or training that is equivalent in the opinion of the Minister, and
(B) an administrator must hold a one-year Early Childhood Education Certificate or training that is equivalent in the opinion of the Minister.
Curriculum – designated facility
2022, c.30, s.2
11.1(1)An operator of a designated facility shall, when providing services to infants or preschool children, use a curriculum established by the Minister for the language in which services are provided.
11.1(2)The Minister may, in consultation with stakeholders, modify the versions of the curriculum referred to in subsection (1).
11.1(3)A staff member who works directly with infants or preschool children shall complete in each year 10 hours of training approved by the Minister related to the curriculum used at the designated facility.
11.1(4)A staff member may use only the version of the curriculum for which the staff member has been trained.
11.1(5)Despite subsection (1), an operator of a licensed facility that is deemed to be a designated facility under section 15.5 of the Act and that, immediately before the commencement of this section, was using a curriculum approved by the Minister may continue to use that curriculum.
11.1(6)Despite subsection (1), on application by an operator of a designated facility, the Minister may permit the operator to use a curriculum based on Indigenous culture if the Minister is satisfied that the curriculum meets the requirements established by the Minister.
11.1(7)Subsection (3) does not apply to the following persons:
(a) staff members of a designated facility if the operator is exempt under subsection (5) or (6) from the requirements of subsection (1);
(b) volunteers; and
(c) inclusion support workers.
2022, c.30, s.2
Checks
12(0.1)In subsection (1), an operator of a licensed facility includes:
(a) in the case of a criminal record check or a vulnerable sector check, as the case may be,
(i) in the case of a corporation or unincorporated association, the directors,
(ii) in the case of a partnership, the partners, and
(iii) in the case of a limited partnership, the general partners; and
(b) in the case of a check with the Department of Social Development,
(i) in the case of a corporation or unincorporated association, the directors who have contact with children receiving services in the facility or who manage the finances of the facility,
(ii) in the case of a partnership, the partners who have contact with children receiving services in the facility or who manage the finances of the facility, and
(iii) in the case of a limited partnership, the general partners who have contact with children receiving services in the facility or who manage the finances of the facility.
12(1)An operator of a licensed facility shall obtain a criminal record check or a vulnerable sector check, as the case may be, and a check with the Department of Social Development at least every five years.
12(2)An operator of a licensed facility shall ensure that a criminal record check or a vulnerable sector check, as the case may be, and a check with the Department of Social Development is conducted on each individual before he or she becomes a staff member.
12(3)An operator of a licensed facility shall ensure that a criminal record check or a vulnerable sector check, as the case may, and a check with the Department of Social Development is conducted on each staff member and associated person at least every five years.
12(4)A check with the Department of Social Development in respect of an individual shall contain the following information:
(a) if a court has made an order based on a finding that the individual has endangered the well-being of a child or youth under paragraphs 34(a) to (n) of the Child and Youth Well-Being Act;
(b) if a court has made an order based on a finding that the individual has endangered the security of another person as described in paragraphs 37.1(1)(a) to (g) of the Family Services Act;
(c) if the Minister of Social Development has made a finding as a result of an investigation under the Child and Youth Well-Being Act that the individual has endangered the well-being of a child or youth under paragraphs 34(a) to (n) of the Child and Youth Well-Being Act; and
(d) if the Minister of Social Development has made a finding as a result of an investigation under the Family Services Act that the individual has endangered the security of another person as described in paragraphs 37.1(1)(a) to (g) of that Act.
12(5)An operator of a licensed facility shall maintain a copy of the checks under subsections (1), (2) and (3) at the licensed facility.
2019, c.2, s.37; 2021, c.1, s.29; 2023, c.36, s.6
Employability
13(1)An operator of a licensed facility may employ or otherwise engage a person as a staff member if the person has been convicted of an offence under section 253 of the Criminal Code (Canada) but that staff member shall not transport any child in a motor vehicle while acting in the course of his or her employment for five years after the date of his or her conviction.
13(2)An operator of a licensed facility shall not employ or otherwise engage a person as a staff member if the person
(a) has been convicted of an offence listed in Schedule B for which a pardon has not been granted or in respect of which a record suspension has not been ordered, or
(b) has been identified by a check with the Department of Social Development under paragraphs 12(4)(a) to (d).
Preventative measures against COVID-19
Repealed: 2022-6
2021-74; 2022-6
13.1Repealed: 2022-6
2021-74; 2022-6
Offences
14For the purposes of paragraph 10(2)(e) of the Act, the offences are prescribed in Schedule B.
Insurance
15An applicant for a licence or a licensee shall obtain and maintain insurance that includes the following:
(a) general liability insurance for the benefit of the operator and staff members; and
(b) motor vehicle insurance if children receiving services at the licensed facility will be transported in a motor vehicle by or on behalf of the operator.
Non-profit organizations
16(1)If an operator of a full-time or part-time early learning and childcare centre is a non-profit organization, the board of directors shall consist of at least five elected members of whom at least 20% are parents or guardians of a child receiving services at the centre.
16(2)Despite subsection (1), the first board of directors shall consist of at least five elected members of whom at least 20% are parents or guardians of a child who will receive services at the full-time or part-time early learning and childcare centre.
Extended hour or overnight services
17(1)An applicant for a licence or a licensee may apply to the Minister on a form provided by the Minister for an approval to provide extended hour services or overnight services.
17(2)Despite any provision of this Regulation, the approval granted by the Minister under subsection (1) is subject to the following requirements:
(a) the maximum number of children receiving extended hour services or overnight services at a part-time or full-time early learning and childcare centre shall be 12 children per licence, including the children of the operator, with no more than three infants;
(b) a child shall not be admitted to a licensed facility after 8 p.m. and shall not receive services for more than 14 consecutive hours in a 24-hour period;
(c) at least two educators shall be present and awake during extended hour services or overnight services at a full-time or part-time early learning and childcare centre;
(d) the sleep area shall
(i) be equipped with the following:
(A) a crib for each infant receiving services in accordance with the Cribs, Cradles and Bassinets Regulations under the Canada Consumer Product Safety Act (Canada); and
(B) a bed or cot with a mattress at least 15.2 cm thick for each child, other than an infant, receiving services;
(ii) be in a separate area; and
(iii) allow for a space of at least 46 cm between each crib, bed or cot.
Temporary full-time services
18(1)An applicant for a licence to operate a part-time early learning and childcare centre or a licensee of a part-time early learning and childcare centre may apply to the Minister on a form provided by the Minister for an approval to provide full-time services during the summer, on holidays and on any school closures.
18(2)Despite any provision of this Regulation, if the Minister approves the application under subsection (1), the licensee is subject to the same requirements as a licensee of a part-time early learning and childcare centre.
Waiting period
19For the purposes of subsection 15(2) of the Act, the period of time is three years.
Transportation of children
20For the purposes of section 17 of the Act, the requirements with respect to the transportation of children are as follows:
(a) if the driver of a motor vehicle is a staff member, he or she shall not be included in the child-to-staff ratios calculated under sections 9 and 10;
(b) despite paragraph (a), the driver of a motor vehicle who is a staff member is included in the child-to-staff ratios calculated under sections 9 and 10 if the children transported are school-age children and the route taken is between the licensed facility and the school;
(c) the driver of a motor vehicle and the motor vehicle must be in compliance with the Motor Vehicle Act and the regulations under that Act; and
(d) the motor vehicle must be equipped with
(i) a record of emergency contacts for each child receiving services at the licensed facility, and
(ii) a first aid kit that is equipped with the contents prescribed by New Brunswick Regulation 2004-130 under the Occupational Health and Safety Act, as a first aid kit that is not a personal, Type P first aid kit.
Daily activities
21The daily activities of a licensed facility shall be purposely planned in advance and documented and shall respond to the capabilities, needs and interests of each child and shall include
(a) time and space for and a free choice of play experiences for exploration and discovery,
(b) indoor and outdoor opportunities for physical activity, and
(c) opportunities
(i) for group and individual experiences,
(ii) to explore various forms of literacy,
(iii) to express creativity and interests,
(iv) to explore the arts and sciences,
(v) to experience accomplishment and success,
(vi) to problem-solve, and
(vii) to develop trusting, respectful and supportive relationships with educators and children.
Daily routine
22The daily routine of a licensed facility shall include
(a) outdoor play for at least one hour in each four-hour block of time when the majority of children receiving services are in attendance except in the following circumstances:
(i) the wind chill is below -20 °C;
(ii) the temperature is below -20 °C; or
(iii) the temperature is 33 °C with humidity or above, and
(b) a period of rest for a length of time that meets the needs of each infant and preschool child receiving services at the licensed facility but that does not exceed two consecutive hours unless there is a written request from a child’s parent or guardian to extend the length of time.
Access to a licensed facility
23The parent or guardian of a child receiving services at a licensed facility shall have access to the licensed facility at any time when the child is present unless the parent or guardian has otherwise lost his or her right of access.
Records and documents
24(1)For the purposes of subsection 20(1) of the Act, the following records and documents shall be maintained on the premises of a licensed facility:
(a) financial records;
(b) child records that include
(i) the child’s name, address, birth date and Medicare number,
(ii) the name, address and telephone number of the child’s medical practitioner,
(iii) the name, address and home and work telephone numbers of the child’s parent or guardian,
(iv) the name, address and telephone number of at least two individuals authorized by the child’s parent or guardian to pick up the child and to be contacted in case of an emergency if the parent or guardian cannot be reached,
(v) the child’s health history and a copy of the record of immunizations or a copy of an exemption,
(vi) daily information sheets on forms provided by the Minister for each child under the age of 24 months,
(vii) documentary evidence of the child’s learning, and
(viii) any written consent given by the child’s parent or guardian;
(c) staff member records that include
(i) the staff member’s name, address and birth date,
(ii) the staff member’s qualifications including the certificates or training referred to in paragraph 11(b) or (c),
(iii) a description of the staff member’s duties and responsibilities,
(iv) a signed declaration confirming that the staff member has read and understood his or her obligations under the Act and this Regulation,
(v) a copy of a criminal record check or vulnerable sector check, as the case may be,
(vi) a copy of a check with the Department of Social Development, and
(vii) a copy of a valid first aid certificate and a valid cardiopulmonary resuscitation certificate for each administrator and educator;
(d) associated person records that include
(i) a copy of a criminal record check, and
(ii) a copy of a check with the Department of Social Development;
(e) administration of medication records;
(f) daily attendance records of the children on forms provided by the Minister;
(g) attendance records of staff members;
(h) incident reports on forms provided by the Minister;
(i) menu plans and any substitutions;
(j) smoke alarm, smoke detector and fire extinguisher inspection and maintenance records;
(k) emergency evacuation and fire drill records; and
(l) management of potential illness forms provided by the Minister.
24(2)The records and documents referred to in subsection (1) shall be maintained for at least one year after the record or document is made.
24(3)Despite subsection (2), the records and documents referred to in paragraph (1)(b) shall be maintained for at least three years after a child is no longer receiving services at the licensed facility.
2019, c.12, s.9
Posting
25An operator of a licensed facility shall post in a clearly visible and prominent place on the premises:
(a) the daily routine;
(b) the weekly menus;
(c) instructions regarding evacuation in case of a fire as approved by the fire marshal, deputy fire marshal or fire prevention officer;
(d) the name of the administrator;
(e) the name and telephone number of the inspector;
(f) the name and telephone number of the members of the board of directors, if applicable;
(g) whether a child receiving services at the licensed facility has a life-threatening allergy and a description of that allergy; and
(h) if a child has or may be affected by a disease that is required to be reported under the Public Health Act and the regulations under that Act by the operator of the licensed facility, the disease that has been reported.
Parent and guardian handbook
26(1)An operator of a licensed facility shall provide a handbook to a parent or guardian of a child receiving services at the licensed facility with the following information:
(a) the hours of operation;
(b) the enrolment and discharge procedures;
(c) the fee and payment schedules;
(d) whether the licensed facility offers transportation services;
(e) whether the children will participate in outings and the method of transportation for each trip;
(f) the types of organized activities that take place off the premises;
(g) the administration of medication policy;
(h) the policy in the case of child illness including exclusion criteria;
(i) the policy with respect to child absences;
(j) the emergency evacuation plan;
(k) the child guidance policy;
(l) the child abuse and neglect protocol;
(m) parental involvement;
(n) the personal belongings that the child is permitted to bring to the licensed facility;
(o) a description of the learning principles and goals and the measures that will be taken to reach those goals;
(o.1) if the licensed facility is a designated facility, the curriculum used at the designated facility;
(p) if the licensed facility is located in a family dwelling, whether the home environment is smoking or non-smoking; and
(q) if the licensed facility is a full-time or part-time early learning and childcare centre, the administrative structure and complaint procedures.
26(2)The operator of a licensed facility shall require the parent or guardian referred to in subsection (1) to sign a declaration confirming that he or she has read and understood the content of the handbook.
2022, c.30, s.2
Consent
27An operator of a licensed facility shall obtain the written consent of a parent or guardian of a child receiving services at the licensed facility before doing any of the following:
(a) permitting the child access to a pool under in the circumstances set out in subsection 34(2);
(b) permitting, in the case of illness or soiled clothing, the child to shower or bathe or showering or bathing the child;
(c) permitting the administration of medication in the circumstances set out in section 46;
(d) permitting the administration of emergency care to the child;
(e) permitting the child to leave the licensed facility with a person authorized by the parent or guardian;
(f) permitting the child to participate in an outing;
(g) transporting or providing for the transportation of the child;
(h) permitting the child to participate in testing or research projects;
(i) releasing information about the child to an outside organization;
(j) permitting photographs and videos to be taken of the child for publication or social media; or
(k) posting photographs of the child at the licensed facility to illustrate the child’s learning.
Premises
28(1)An operator of a licensed facility shall not change the allocation of space used to provide services or add to or alter any building or facility or any part of them unless the Minister has approved the changes in writing.
28(2)An operator of a licensed facility shall carry out emergency evacuation and fire drills monthly.
28(3)The premises of a licensed facility shall comply with
(a) lighting, ventilation and other general health standards under the Public Health Act; and
(b) codes and standards under the Fire Prevention Act.
28(4)The premises of an early learning and child care home shall be equipped with a smoke alarm, smoke detector and fire extinguisher as required by the Fire Prevention Act.
Traffic area and walk-ways
29An operator of a licensed facility shall ensure that the traffic area and the outdoor walk-ways of the licensed facility are free from obstructions and hazards.
Indoor play area
30(1)A full-time or part-time early learning and childcare centre shall have an indoor play area of at least 3.25 m² for each child receiving services at the centre.
30(2)If a full-time or part-time early learning and childcare centre is located in a family dwelling, the calculation in subsection (1) excludes any space used by the operator or a member of the operator’s family outside operating hours.
30(3)An operator shall maintain the indoor play area of a licensed facility to ensure the safety of the children.
30(4)The indoor play area of a full-time or part-time early learning and childcare centre shall have windows with a glass area that is at least 10% of the floor area.
30(5)Subsection (4) does not apply to a full-time or part-time early learning and childcare centre that is licensed under New Brunswick Regulation 83-85 under the Family Services Act on the commencement of this section.
30(6)Despite subsection (5), if the Minister approves an addition to or alteration of a full-time or part-time early learning and childcare centre under subsection 28(1), the Minister may require the early learning and childcare centre to comply with subsection (4).
30(7)If the indoor play area of a full-time or part-time early learning and childcare centre is in a basement, the basement shall not be more than 1.52 m below ground level.
Outdoor play area
31(1)A licensed facility shall have an outdoor play area that is less than 350 m from the indoor play area.
31(2)Despite subsection (1), a part-time early learning and childcare centre at which services are provided to school-age children only shall have access to an outdoor play area that is less than 700 m from the indoor play area.
31(3)An operator shall maintain the outdoor play area of a licensed facility to ensure the safety of the children.
31(4)An operator shall ensure that the outdoor play area of a licensed facility
(a) includes a shaded area that is at least 10% of the outdoor play area, and
(b) consists of more than one surface to permit different types of play.
31(5)A full-time or part-time early learning and childcare centre shall have an outdoor play area of at least 4.5 m² for each child receiving services at the centre, allowing for at least half of the maximum number of children stated on the licence to be accommodated at any one time.
31(6)The outdoor play area of a full-time or part-time early learning and childcare centre at which services are provided to infants or preschool children shall be enclosed with a fence at least 1.22 m in height with a gate that is secured at all times when the children are present.
31(7)Subsection (6) applies to an early learning and childcare home at which services are provided to infants or preschool children if the Minister considers it appropriate, having regard to the traffic in the area.
31(8)The outdoor play area of a full-time or part-time early learning and childcare centre at which services are provided to infants and children of another age group shall
(a) include a separate area for the infants, or
(b) be used by the infants and the children of another age group at different times.
Indoor play area materials and equipment
32(1)An operator of a licensed facility shall provide indoor play area materials and equipment that are
(a) varied and in sufficient quantity for the number and ages of the children receiving services at the licensed facility,
(b) arranged on low, open shelves and accessible to the children receiving services at the licensed facility,
(c) in compliance with the Canada Consumer Product Safety Act (Canada)and the regulations under that Act, and
(d) clean and in good repair.
32(2)An operator of a licensed facility shall comply with any recalls regarding defective materials and equipment.
Outdoor play area materials and equipment
33(1)An operator of a licensed facility shall provide outdoor play area materials and equipment that are varied and in sufficient quantity for the number and ages of the children receiving services at the licensed facility.
33(2)Stationary equipment in the outdoor play area shall be surrounded by a protective surfacing and installed according to the manufacturer’s instructions.
33(3)An operator of a licensed facility shall complete a monthly review and maintenance plan on all stationary equipment that includes the following information:
(a) the review and repair dates;
(b) the action required and the action taken; and
(c) the name of the staff member who conducted the review.
33(4)An operator of a licensed facility shall comply with any recalls regarding defective outdoor play area materials and equipment.
Pools
34(1)An operator of a licensed facility shall not permit a child receiving services at the licensed facility access to a private pool without a filtration and chlorination system.
34(2)Access to a private pool with a filtration and chlorination system by a child receiving services at a licensed facility is permitted in the following circumstances:
(a) at least one educator included in the child-to-staff ratio calculated under subsection (4) holds one of the following certificates or holds training that is equivalent in the opinion of the Minister:
(i) a National Lifeguard certificate;
(ii) a Lifesaving Society’s Bronze Cross award; or
(iii) a Canadian Red Cross Water Safety Instructor’s certificate;
(b) the pool is enclosed with a fence at least 1.52 m in height in addition to the fence enclosing the outdoor play area;
(c) the following equipment is accessible to the educators:
(i) an electrically insulated or non-conducting reaching pole;
(ii) a throwing line with a buoyant aid; and
(iii) a record of emergency contacts for each child; and
(d) a sign is posted near the pool indicating the deep and shallow ends.
34(3)When access to a private pool is permitted, the Minister shall require that the operator obtain and maintain additional liability insurance and demonstrate this fact to the Minister.
34(4)Despite sections 9 and 10, one educator is required for each of the following groups of children accessing a private pool, a public pool or a public swimming area while receiving services at a licensed facility:
(a) one infant;
(b) four preschool children or fewer;
(c) eight school-age children or fewer; and
(d) five children of mixed ages or fewer, if at least two of these children are school-age children.
34(5)Despite paragraph (4)(d), infants shall not be grouped with children of another age group.
34(6)Access to a public pool or a public swimming area by a child receiving services at a licensed facility is permitted if there is a lifeguard on duty.
Trampolines
35An operator of a licensed facility shall not permit a child receiving services at the licensed facility access to a trampoline.
Rest area
36(1)A full-time early learning and childcare centre and an early learning and childcare home shall have a rest area.
36(2)The rest area of a full-time early learning and childcare centre shall be at least 2.3 m² for each child under 15 months of age receiving services at the centre and the rest area for the children under 15 months of age shall be separate from the rest area of the other children to ensure quiet rest.
36(3)The rest area of a full-time early learning and childcare centre and an early learning and childcare home shall be equipped with the following:
(a) a crib or portable playpen for each child under 15 months of age in accordance with the Cribs, Cradles and Bassinets Regulations and the Playpens Regulations under the Canada Consumer Product Safety Act (Canada); and
(b) a cot or nap mat appropriate for the height of the child for each child who is at least 15 months of age and under five years of age who takes naps.
36(4)The rest area of a full-time early learning and childcare centre and an early learning and childcare home shall allow for a space of at least 46 cm between each crib, portable playpen, cot or nap mat.
36(5)Despite subsection (3), in the case of an early learning and childcare home, a child may use a bed used by the operator or a member of the operator’s family in the following circumstances:
(a) the child is at least 15 months of age,
(b) the bed is covered with bedding used only for the child, and
(c) the bed is not the upper level of a bunk bed.
36(6)A cot, a nap mat or the mattress of a crib or portable playpen shall be washable and non-absorbent or covered with a non-absorbent layer.
36(7)A nap mat shall be at least 5 cm in thickness and stored in a way that avoids contact with the surface of another nap mat or disinfected on both sides after each use.
Kitchen
37An operator of a licensed facility shall not permit a child receiving services at the licensed facility access to the kitchen unless the child is supervised.
Washroom
38(1)The children receiving services at a licensed facility shall have access to washrooms that include the following:
(a) if one to nine preschool children or school-age children are receiving the services, one toilet and one sink;
(b) if ten to 24 preschool children or school-age children are receiving the services, two toilets and two sinks;
(c) if 25 to 49 preschool children or school-age children are receiving the services, three toilets and three sinks; and
(d) if 50 or more preschool children or school-age children are receiving the services, four toilets and four sinks.
38(2)An operator of a licensed facility shall supervise a child while the child is using the washroom if the washrooms are not used exclusively by the children, the operator and staff members at the licensed facility.
38(3)An operator of a licensed facility shall provide one potty chair or training seat for each group of three children who are being toilet-trained.
38(4)An operator of a licensed facility shall provide steps or platforms that allow the children to use regular-sized toilets and sinks.
Storage space
39(1)A licensed facility shall have storage space that includes:
(a) low, open shelves for the display and storage of toys and supplies;
(b) easily accessible space to store the personal belongings of each child receiving services at the licensed facility; and
(c) if services are provided to a child who is not toilet-trained, space for diapers, creams and wipes for the child.
39(2)A licensed facility shall have a separate locked storage space that is inaccessible to the children for each of the following:
(a) toxic products, chemical products and cleaning supplies;
(b) medications; and
(c) if the licensed facility is located in a family dwelling, firearms.
39(3)Despite paragraph (2)(b), medications administered in cases of anaphylactic shock shall not be stored in a locked space.
Personal belongings
40(1)An operator of a licensed facility shall ensure that personal belongings of a child receiving services at the licensed facility that are brought to the licensed facility, including combs, brushes, toothbrushes, towels, washcloths, bedding, pacifiers and soothers, are
(a) labelled with the name of the child,
(b) used only for the intended child, and
(c) stored separately for each child.
40(2)An operator of a licensed facility shall not permit pacifiers or soothers to be used with a neck string.
Diaper changing
41(1)A licensed facility at which services are provided to children who wear diapers shall have a sturdy surface that is
(a) equipped with rails or safety straps,
(b) covered with a non-absorbent layer,
(c) located separate from the food preparation area and not used for serving food, and
(d) no more than one metre from a sink.
41(2)Despite subsection (1), a changing mat used exclusively for diaper changing may be used as a surface for diaper changing for children who are at least 15 months of age.
41(3)An operator of a licensed facility shall
(a) post diaper-changing procedures in diaper-changing areas, and
(b) ensure that a child is never left unattended during diaper changing.
Prohibition on smoking
42(1)Smoking, within the meaning of the Smoke-free Places Act, is prohibited during operating hours on the premises of a licensed facility, including in the outdoor play area, during outings and while transporting the children receiving services at the licensed facility.
42(2)If a licensed facility is located in a family dwelling, the operator shall advise a parent or guardian of each child receiving services at the licensed facility whether any person smokes outside operating hours at the licensed facility.
Hot beverages
43An operator of a licensed facility shall not permit hot beverages in areas that are occupied by the children receiving services at the licensed facility, including the outdoor play area.
First aid kit and telephone
44An operator of a licensed facility shall have a first aid kit that is equipped with the contents prescribed by New Brunswick Regulation 2004-130 under the Occupational Health and Safety Act as a first aid kit that is not a personal, Type P first aid kit, and a telephone in working order
(a) on the premises of the licensed facility,
(b) at a private pool, if children receiving services at the licensed facility have access to the private pool, and
(c) on each outing.
Health
45(1)An operator of a licensed facility shall require a parent or guardian of a child receiving services at the licensed facility to
(a) notify the licensed facility if the child will be absent, and
(b) indicate whether the absence is due to illness or otherwise.
45(2)If a child is ill while receiving services at a licensed facility, an operator shall
(a) provide supervised care to the child in an area separate from the other children,
(b) notify the child’s parent or guardian and require that the child be picked up within one hour of notification, and
(c) obtain the necessary medical assistance, if required.
45(3)If a child has or may be affected by a disease that is required to be reported under the Public Health Act and the regulations under that Act by the operator of a licensed facility, the operator shall
(a) complete the forms provided by the Minister, and
(b) inform all parents or guardians of the children that a child has or may be affected by the disease.
Medication
46(1)An operator of a licensed facility shall only administer medication to a child receiving services at the licensed facility in the following cases:
(a) the medication is provided by the child’s parent or guardian;
(b) the parent or guardian of the child gives written consent;
(c) if the medication is not prescribed, the medication is
(i) in the original container with the original label,
(ii) in a container with child protective caps, and
(iii) labelled with the child’s name and the dosage; and
(d) if the medication is prescribed, the medication is labelled with the name of the physician, the instructions for use and the time period for use.
46(2)Despite subsection (1), the operator of a licensed facility may administer acetaminophen to a child if the parent or guardian of the child gives written or oral consent.
46(3)If consent is oral under subsection (2), the operator of a licensed facility shall require the parent or guardian to give a written acknowledgement when the child is picked up at the licensed facility that acetaminophen was administered with their consent.
46(4)An operator of a licensed facility shall maintain a chronologically filed medication record of all medication administered to a child.
Proof of immunization
47(1)An operator of a licensed facility shall refuse admission to a child if satisfactory proof of the immunizations required by the Public Health Act or the regulations under that Act is not provided.
47(2)Subsection (1) does not apply if a child’s parent or guardian provides one of the following documents:
(a) a medical exemption, on a form provided by the Minister of Health, signed by a medical practitioner; or
(b) a written statement, signed by the parent or guardian, of the parent or guardian’s objection for reasons of conscience or religious belief to the immunizations required by the Public Health Act or the regulations under that Act, on a form provided by the Minister of Health.
Nutrition
48(1)An operator of a licensed facility shall serve
(a) a snack at least every three hours,
(b) a meal at each recognized meal period, and
(c) drinking water throughout the day.
48(2)An operator of a licensed facility may supply food to a child receiving services at the licensed facility that a parent or guardian of the child brings from the child’s home if the food is labelled with the child’s name and refrigerated, as required.
48(3)An operator of a licensed facility shall provide weekly menus to a parent or guardian of a child at least three days in advance of serving the food and shall modify the food served in the case of special nutritional requirements of a child.
48(4)If an infant is receiving services at a licensed facility, the operator shall
(a) hold the bottle at all times during the feeding of an infant who is bottle-fed unless the infant is able to hold the bottle himself or herself,
(b) ensure that an infant who is bottle-fed is not fed in a crib,
(c) supervise an infant while he or she eats or drinks, and
(d) ensure that each bottle is stored with a cover in the refrigerator.
48(5)If more than one bottle-fed infant is receiving services at a licensed facility, the operator shall ensure that each bottle is
(a) labelled with the child’s name, and
(b) used only for the intended child.
48(6)An operator of a licensed facility shall post information relating to any allergies of the children in the food preparation area.
Child guidance
49(1)An operator of a licensed facility shall ensure that the guidance of the children receiving services at the licensed facility is positive and includes positive reinforcement, encouraging efforts and recognizing accomplishments.
49(2)An operator of a licensed facility shall ensure that no child receiving services at the licensed facility is subjected to any form of physical punishment or verbal or emotional abuse or is denied physical necessities.
Incident log
50(1)An operator of a licensed facility shall maintain a chronologically filed daily incident log relating to the health, security and well-being of the children receiving services at the licensed facility.
50(2)The operator of a licensed facility shall inform the parent or guardian of a child involved in an incident on the day the incident takes place and shall ensure that the parent or guardian signs the daily log to confirm their awareness.
Incident reports
51(1)An operator of a licensed facility shall complete an incident report on a form provided by the Minister if one of the following incidents occurs while a child is receiving services at the licensed facility:
(a) the child is missing or temporarily unsupervised;
(b) a fire or other disaster occurs at the facility;
(c) a motor vehicle accident or an injury occurs during the transit of the child;
(d) an illness or injury requires the transfer of the child to a hospital; or
(e) the child dies.
51(2)The operator of a licensed facility shall inform the Minister and the parent or guardian of the child involved in an incident under subsection (1) as soon as the circumstances permit and shall ensure that the parent or guardian signs the incident report to confirm their awareness.
51(3)The operator of a licensed facility shall
(a) maintain a copy of the report for the child’s file,
(b) provide a copy to the parent or guardian, and
(c) forward the original to the Minister within 24 hours of the incident.
Interim permit
52For the purposes of paragraph 40(1)(c) of the Act, the requirements that apply to the operator are as follows:
(a) the operator supplies the checks under paragraphs 4(1)(e) and (f);
(b) the operator supplies the statements of compliance under paragraphs 5(a) and (b), if applicable;
(c) the operator complies with the child-to-staff ratios calculated under sections 9 and 10, if applicable; and
(d) the operator complies with the requirements under sections 11 and 12.
Commencement
53This Regulation comes into force on February 1, 2018.
SCHEDULE A
FACTORS FOR CALCULATING CHILD-TO-STAFF RATIOS FOR MIXED-AGE GROUP
Age of Children
Factors
under 2 years
0.333
2 years
0.200
3 years
0.125
4 years
0.100
school-age
0.067
2023-26
SCHEDULE B
CRIMINAL CODE (CANADA)

Section

General Description of Offence
43
Correction of child by force
151
Sexual interference
152
Invitation to sexual touching
153
Sexual exploitation
153.1
Sexual exploitation of person with disability
155
Incest
159
Anal intercourse
160
Bestiality
161
Order of prohibition
162
Voyeurism
163
Corrupting morals
163.1
Child pornography
167
Immoral theatrical performance
168
Mailing obscene matter
170
Parent or guardian procuring sexual activity
171
Householder permitting sexual activity
171.1
Making sexually explicit material available to a child
172
Corrupting children
172.1
Luring a child
173
Indecent acts
175
Causing disturbance, indecent exhibition, loitering
215
Duty of persons to provide necessaries
218
Abandoning child
219
Criminal negligence
220
Causing death by criminal negligence
221
Causing bodily harm by criminal negligence
229 - 240
Murder, manslaughter and infanticide
241
Counselling or aiding suicide
242
Neglect to obtain assistance in child birth
243
Concealing body of child
244
Discharging firearm with intent
244.1
Causing bodily harm with intent – air gun or pistol
245
Administering noxious thing
246
Overcoming resistance to commission of offence
264
Criminal harassment
264.1
Uttering threats
265, 266
Assault
267
Assault with a weapon or causing bodily harm
268
Aggravated assault
269
Unlawfully causing bodily harm
269.1
Torture
270
Assaulting a peace officer
271
Sexual assault
272
Sexual assault with a weapon, threats to a third party or causing bodily harm
273
Aggravated sexual assault
273.3
Removal of child from Canada
279 - 283
Kidnapping, trafficking in persons, hostage taking and abduction
318
Advocating genocide
319
Public incitement of hatred
322
Theft
330
Theft by person required to account
331
Theft by person holding power of attorney
336
Criminal breach of trust
343 - 346
Robbery and extortion
348
Breaking and entering with intent, committing offence or breaking out
356
Theft from mail
363
Obtaining execution of valuable security by fraud
368
Use, trafficking or possession of forged document
372
False information
374
Drawing document without authority
380
Fraud
423
Intimidation
430
Mischief
431
Attack on premises, residence or transport of internationally protected person
433 - 436.1
Arson and other fires
444 - 445.01
Cattle and other animals
445.1 - 447
Cruelty to animals
N.B. This Regulation is consolidated to December 13, 2023.