Acts and Regulations

83-85 - Day Care

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Full text
Revoked on 1 February 2018
NEW BRUNSWICK
REGULATION 83-85
under the
Family Services Act
(O.C. 83-457)
Filed June 10, 1983
Under section 143 of the Family Services Act, the Lieutenant-Governor in Council makes the following Regulation:
99-51
Repealed: 2010, c.E-0.5, s.71
1This Regulation may be cited as the Day Care Regulation - Family Services Act.
99-51
2In this Regulation
“Act” means the Family Services Act;(Loi)
“administrator” means a person appointed by an operator to supervise the day-to-day activities of a day care center;(administrateur)
“approval” means approval for the purposes of section 26 of the Act;(agrément)
“child” means a person twelve years of age or under, and a child with special needs;(enfant)
“child with special needs” means a person under the age of majority who suffers from a developmental handicap or has been recognized as a person requiring a specialized program or specialized supervision;(enfant ayant des besoins spéciaux)
“community day care home” means a home in which day care services are provided for a maximum of(foyer-garderie de type communautaire)
(a) three infants,
(b) five children of the ages two to five,
(c) nine children who are of the age six and over, or
(d) six children where the children are of the ages five and under and six and over,
including those of the operator;
“day care center” means a facility in which day care services are provided for(garderie)
(a) four or more infants,
(b) six or more children of the ages two to five,
(c) ten or more children of the age six and over, or
(d) seven or more children where the children are of the age of five and under and six and over,
including those of the operator;
“day care facility” means a day care center, community day care home or a family day care home;(installation de garderie)
“day care services” means the care and supervision of a child for a period of less than twenty-four hours in a day care facility;(services de garderie)
“family day care home” means a home(foyer-garderie de type familial)
(a) in which day care services are provided for a maximum of
(i) two infants,
(ii) four children of the age of two to five,
(iii) five children of the age of six and over, or
(iv) four children where the children are of the age five and under and six and over,
including those of the operator, and
(b) which has been recommended to the Minister by the parent of a child attending the home for approval in accordance with this Regulation where the parent meets the financial criteria fixed under the Day Care Contribution Schedule prescribed by the Minister;
“infant” means a person under the age of two;(enfant en bas âge)
“Minister” means the Minister of Education and Early Childhood Development;(ministre)
“primary staff member” means(membre du personnel d’encadrement)
(a) an operator, or
(b) a person employed in a day care center
who spends seventy-five per cent or more of the time at a day care center providing day care services directly to children and who is responsible for the safety, well-being and development of children.
“staff member” means a person who is employed in a day care facility and includes an operator who is a primary staff member and volunteers.(membre du personnel)
99-51; 2016, c.37, s.68
Fees
Repealed: 2010, c.E-0.5, s.71
2010, c.E-0.5, s.71.
2.1The fee for the approval issued in respect of a day care facility shall be as follows:
(a) if the day care facility has been approved for day care services for 6 to 25 children - $100; and
(b) if the day care facility has been approved for day care services for 26 to 60 children - $200.
92-138; 2012-38
2.2The fee for the renewal of an approval issued in respect of a day care facility shall be as follows:
(a) if the day care facility has been approved for day care services for 6 to 25 children,
(i) from April 1, 2012, to March 31, 2013, inclusive - $60,
(ii) from April 1, 2013, to March 31, 2014, inclusive - $70, and
(iii) on and after April 1, 2014 - $75;
(b) if the day care facility has been approved for day care services for 26 to 60 children,
(i) from April 1, 2012, to March 31, 2013, inclusive - $90,
(ii) from April 1, 2013, to March 31, 2014, inclusive - $100, and
(iii) on and after April 1, 2014 - $112.50; and
(c) if the day care facility has been approved for day care services for more than 60 children,
(i) from April 1, 2012, to March 31, 2013, inclusive - $120,
(ii) from April 1, 2013, to March 31, 2014, inclusive - $135, and
(iii) on and after April 1, 2014 - $150.
2012-38
Approvals
Repealed: 2010, c.E-0.5, s.71
2010, c.E-0.5, s.71.
3(1)A person who intends to operate a day care center may apply for the approval of the day care center, or an operator of an approved day care center may apply for the renewal of the approval by filing with the Minister an application on the form provided by the Minister.
3(2)Subject to subsection (3) and section 4, the Minister shall issue an approval or renew the approval of a day care center where
(a) an application has been received by the Minister;
(a.1) the appropriate fee under section 2.1 or 2.2 has been paid;
(b) the public health inspector for the health region in which the day care center is located or any public health inspector appointed under the Public Health Act has given a written statement of compliance stating that the sanitation, lighting, ventilation and other general health standards in the day care center meet the standards established by the Minister of Health under the Public Health Act;
(c) the fire marshal, the deputy fire marshal, a fire prevention officer, a special assistant or a local assistant appointed under the Fire Prevention Act has given a written statement of compliance stating that the day care center meets fire prevention standards and building standards
(i) approved by the fire marshal, or
(ii) prescribed by or incorporated by reference into regulations under the Fire Prevention Act;
(d) the Minister is satisfied that the day care center complies with the standards and criteria prescribed by this Regulation and any criteria and standards prescribed by the Minister;
(e) upon the Minister’s request, the applicant demonstrates to the satisfaction of the Minister that the day care center will meet the needs of the community; and
(f) the Minister is satisfied that the operator of the day care center
(i) will operate the day care center in a manner that will maintain a spirit that is conducive to the development of a child;
(ii) will be willing to participate in training programs or workshops that are determined by the Minister to be advantageous;
(iii) will provide an atmosphere that is safe but non-restrictive to a child’s development;
(iv) is aware of local community services that may be used to enhance the quality of programs and services available in the day care center;
(v) will maintain a working relationship with the officials of the department who provide consultation to day care centers; and
(vi) meets any other requirements respecting qualifications of an operator which the Minister may prescribe.
3(3)The Minister shall not issue an approval of a day care center or a renewal thereof unless
(a) the operator is a body corporate, and
(b) the Board of Directors of a day care center which is non-profit in nature consists of not less than seven members who are elected at an annual public meeting.
3(4)Subject to subsection (5), an approval by the Minister and any renewal thereof shall designate the maximum number of children to be in attendance at any one time in an approved day care center but this number shall not exceed sixty.
3(5)Where a day care center
(a) has entered into a contract with the Minister under Part I of the Act, or
(b) which had been licensed under Regulation 74-119 under the Day Care Act at the time of the coming into force of this Regulation, had authority to have in attendance at the day care center more than sixty children,
the Minister may designate a number in excess of sixty.
3(6)An approval expires on the date of expiry stated therein, unless sooner revoked.
3(7)Notwithstanding subsection (2), the Minister may issue an approval or renewal to be valid for a designated period of time, not to exceed six months, where
(a) the Minister considers that the day care center is necessary; and
(b) the Minister is satisfied that the provisions of subsection (2) shall be complied with within the designated period of time.
92-138; 2000, c.26, s.117; 2006, c.16, s.68; 2012-38; 2016, c.37, s.68; 2017, c.42, s.83
4(1)A valid and existing licence issued to a day care center under Regulation 74-119 under the Day Care Act shall be deemed to be an approval by the Minister under the Act issued in accordance with section 3.
4(2)The maximum number of children which may be in attendance at any one time in a day care center licensed under Regulation 74-119 under the Day Care Act at the time of the coming into force of this Regulation shall be that number which has been authorized for the day care center at the time of the coming into force of this Regulation.
4(3)Subject to subsection (4), where a day care center is licensed under the Day Care Act at the time of the coming into force of this Regulation and the licence is deemed to be an approval in accordance with subsection (1), the operator of the day care center may continue to operate the facility notwithstanding that the facility does not comply with the standards and criteria prescribed by this Regulation and any standards and criteria prescribed by the Minister.
4(4)The approval of a day care center deemed to have been issued by the Minister shall expire one year from the date of the coming into force of this Regulation unless
(a) the facility complies with the standards and criteria prescribed by this Regulation and any standards and criteria prescribed by the Minister, and
(b) the operator is a body corporate.
2016, c.37, s.68
5(1)A person who intends to operate a community day care home may apply for the approval of the community day care home, or an operator of an approved community day care home may apply for a renewal of the approval of that home by filing with the Minister an application on the form provided by the Minister.
5(2)The Minister shall issue an approval or renew the approval of a community day care home where
(a) an application has been received by the Minister;
(a.1) the appropriate fee under section 2.1 or 2.2 has been paid;
(b) the Minister is satisfied that the community day care home complies with any standards and criteria prescribed by this Regulation and any criteria and standards prescribed by the Minister for a community day care home;
(c) the Minister is satisfied that the operator meets any standards and criteria respecting qualifications which the Minister may prescribe; and
(d) the Minister is satisfied that the community day care home is necessary.
5(3)An approval expires on the date of expiry stated therein, unless sooner revoked.
92-138; 2012-38; 2016, c.37, s.68
6(1)A parent who meets the financial criteria fixed under the Day Care Contribution Schedule prescribed by the Minister may recommend to the Minister that a facility which his child is attending be approved as a family day care home.
6(2)Where a parent referred to in subsection (1) recommends to the Minister that the facility which his child is attending be approved, the operator may apply for an approval.
6(3)The Minister shall issue an approval of a family day care home where
(a) the operator and the parent of a child attending the home have completed an application on the form provided by the Minister;
(b) the Minister is satisfied that the family day care home complies with any criteria and standards prescribed by this Regulation and any criteria and standards prescribed by the Minister for a family day care home;
(c) the Minister is satisfied that the operator meets any standards and criteria respecting qualifications which the Minister may prescribe; and
(d) the Minister is satisfied that the family day care home is necessary.
6(4)An approval expires on the date of expiry stated therein, unless sooner revoked.
2016, c.37, s.68
7(1)Where
(a) an application for an approval of a day care center or a renewal thereof, or
(b) an application for an approval of a community day care home or a renewal thereof,
has been refused, the Minister shall give written notice to an applicant within thirty days after the decision.
7(2)Where an application for approval of a family day care home has been refused, the Minister shall give written notice to the applicant and the parent within thirty days after the decision.
7(3)The notice referred to in subsection (1) shall
(a) contain a statement of the reasons for refusal of an approval or a renewal thereof; and
(b) inform the applicant of the right of review of the Minister’s decision pursuant to section 15 of the Act.
7(4)The notice referred to in subsection (2) shall
(a) contain a statement of the reasons for refusal of an approval or a renewal thereof; and
(b) inform the applicant and the parent of the right of review of the Minister’s decision pursuant to section 15 of the Act.
2016, c.37, s.68
8Where
(a) the operator of a day care facility changes, or
(b) the operator of a day care facility discontinues the operation of the day care facility,
the approval of the day care facility expires.
9Where the Minister has ordered the operation of a day care center, a community day care home or a family day care home to be terminated in accordance with section 27 of the Act, he shall revoke an approval issued or renewed under section 3, 5 or 6 or deemed to have been issued under this Regulation.
2016, c.37, s.68
10The Minister may at any reasonable time enter a day care center, a community day care home or a family day care home to ensure compliance with this Regulation and any criteria and standards prescribed by the Minister.
2016, c.37, s.68
11Subject to the provisions of this Regulation, the Minister may prescribe standards and criteria respecting the operation and establishment of a day care facility.
2016, c.37, s.68
12An operator of a day care facility shall maintain financial records which the Minister may prescribe and shall submit such records to the Minister as the Minister may from time to time require.
2016, c.37, s.68
Day Care Centers
Repealed: 2010, c.E-0.5, s.71
2010, c.E-0.5, s.71.
13An operator shall not change the allocation of the space used to provide day care services within a day care center until the Minister has approved the changes.
2016, c.37, s.68
14Sanitation, lighting, ventilation and other general health standards in a day care center shall be maintained in accordance with
(a) the standards established by the Minister of Health under the Public Health Act, and
(b) any criteria and standards prescribed by the Minister or by this Regulation.
2000, c.26, s.117; 2006, c.16, s.68; 2016, c.37, s.68; 2017, c.42, s.83
15(1)Fire safety and building standards in a day care center shall be maintained in accordance with
(a) the standards prescribed by or incorporated by reference into regulations under the Fire Prevention Act,
(b) the standards approved by the fire marshal, deputy fire marshal, a fire prevention officer, a special assistant or a local assistant in accordance with the Fire Prevention Act, and
(c) any criteria and standards prescribed by the Minister or by this Regulation.
15(2)In every day care center, usable floor space, exclusive of offices, hallways, washrooms, lockers, kitchen facilities, shower rooms and isolation rooms, shall consist of at least three and one-quarter square metres per child.
2016, c.37, s.68
16An area for each child to sleep or rest during sleep or rest period shall be provided in every day care center.
17Every day care center shall have outdoor play space averaging four and one-half square metres per child to safely accommodate fifty per cent of the children at any time
(a) immediately adjacent to the day care center, or
(b) within a reasonable walking distance depending on the age of the children participating in an activity.
18First aid supplies satisfactory to the Minister shall be available in every day care center and shall be stored in an area inaccessible to children.
2016, c.37, s.68
19Every day care center shall be equipped with a fire alarm system or smoke detectors as prescribed by the Fire Prevention Act or as required by the fire marshal, the deputy fire marshal, a fire prevention officer, a special assistant or a local assistant in accordance with that Act.
20(1)Rules and instructions regarding evacuation in case of fire, as approved by the fire marshal, deputy fire marshal or fire prevention officer, shall be posted in a conspicuous place in every day care center.
20(2)Fire drills shall be carried out on a monthly basis and the dates of such fire drills shall be recorded.
21(1)An administrator shall be present on the premises of a day care center a minimum of seventy-five per cent of the operating hours of the day care center.
21(2)An operator of a day care center may act as an administrator or may appoint an administrator to supervise the daily operation and activities of the day care center.
22A sufficient number of support staff shall be engaged by the operator of a day care center to provide adequate food services and to maintain a standard of cleanliness acceptable to the Minister.
2016, c.37, s.68
23(1)Subject to subsections (3) and (4), the minimum primary staff member ratio in a day care center shall be in accordance with Schedule A.
23(2)The maximum number of children grouped for a common activity including free play in a day care center shall be maintained in accordance with Schedule B.
23(3)Where
(a) a day care center provides services to a child with special needs, or
(b) the Minister is of the opinion that special circumstances exist,
the Minister may alter the primary staff member ratio.
23(4)Notwithstanding subsections (1) and (3), where a child is removed from the premises of a day care center to participate in activities arranged or organized by the day care center, the Minister may alter the primary staff member ratio where he considers it appropriate.
23(5)Two volunteers may constitute one primary staff member where
(a) each volunteer provides more than ten hours of service per week to a day care center, and
(b) each volunteer provides seventy-five per cent or more of his time at work providing direct care to children.
2016, c.37, s.68
23.1(0.1)In this section, “staff member” includes an operator no matter what percentage of time he or she spends providing day care services directly to children.
23.1(1)An operator of a day care center shall ensure that a criminal record check, and a check with the Department, as described in subsection (2), is conducted on each staff member and prospective staff member.
23.1(2)A check with the Department shall be in respect of
(a) a court order based on a finding by the court that a person has endangered a child’s security or development as described in paragraphs 31(1)(a) to (g) of the Act or a person’s security as described in paragraphs 37.1(1)(a) to (g) of the Act,
(b) a finding by the Minister of Families and Children, as the result of an investigation by him or her, that a person has endangered the security or development of a child as described in paragraphs 31(1)(a) to (g) of the Act, where the person has been informed of the finding of the Minister of Families and Children, and
(c) a finding by the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, as the result of an investigation by him or her, that a person has endangered the security of another person as described in paragraphs 37.1(1)(a) to (g) of the Act, where the person has been informed of the finding of the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be.
23.1(3)An operator of a day care center shall ensure that a check under subsection (1) is conducted before the person becomes a staff member.
23.1(4)An operator of a day care center shall ensure that a check under subsection (1) is conducted on every staff member not later than five years after any previous check, and that a check is conducted sooner if the operator reasonably believes one is required.
23.1(4.1)An operator of a day care center shall ensure that a copy of the checks under subsections (1) and (4) are kept at each individual day care center.
23.1(4.2)An operator of a day care center 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.
23.1(5)An operator of a day care center shall not employ or otherwise engage a person as a staff member if the person has been convicted of an offence under any section of the Criminal Code (Canada) listed in Schedule C or has been identified by a check with the Department as falling within the scope of paragraphs (2)(a) to (c).
99-51; 2000, c.26, s.117; 2008, c.6, s.20; 2010-17; 2016, c.37, s.68
24(1)Repealed: 99-51
24(2)All staff members in a day care center shall be sixteen years of age or over.
24(3)All staff members in a day care center shall be in good health.
24(4)An operator or an administrator shall be required to
(a) have the personality, ability and temperament to provide services in a day care center in a manner that will maintain a spirit that is conducive to the development of a child;
(b) participate in training programs or workshops that are determined by the Minister to be advantageous;
(c) provide an atmosphere that is safe but non-restrictive for a child’s development;
(d) be aware of local community services that may be used to enhance the quality of programs and services available in the day care center;
(e) maintain a working relationship with the officials of the department who provide consultation to day care centers;
(f) meet any other qualifications which the Minister may prescribe.
99-51; 2016, c.37, s.68
25(1)Subject to subsection (2), all staff members under nineteen years of age while providing services directly to a child in a day care center shall be supervised by an adult primary staff member.
25(2)While services are being provided by staff members who are under nineteen years of age, an adult primary staff member shall supervise no more than two staff members.
26(1)The Board of Directors of a non-profit day care center shall, subject to the criteria and standards prescribed by this Regulation or the Minister, determine policies respecting
(a) the overall supervision and administration of the day care center;
(b) the hiring of personnel;
(c) the preparation of budget reports;
(d) the establishment of program orientation;
(e) fund raising; and
(f) liaison with other community services.
26(2)Not less than twenty-five per cent of the members of the Board of Directors of a non-profit day care center shall be parents of children enrolled in the day care center.
26(3)The Board of Directors of a non-profit day care center shall ensure that minutes of regular and annual meetings are maintained.
2016, c.37, s.68
Community Day Care Homes and Family Day Care Homes
Repealed: 2010, c.E-0.5, s.71
2010, c.E-0.5, s.71.
27First aid supplies satisfactory to the Minister shall be available in every community day care home and family day care home and shall be stored in an area inaccessible to children.
2016, c.37, s.68
28Where a community day care home or a family day care home provides services to a child with special needs, the Minister may require additional staff members where he considers it appropriate.
2016, c.37, s.68
29All staff members under nineteen years of age, while such persons are providing services directly to a child in a community day care home or a family day care home, shall be supervised by the operator.
30The operator of a community day care home or a family day care home shall provide adequate food services and maintain a standard of cleanliness acceptable to the Minister.
2016, c.37, s.68
31The operator of a community day care home or a family day care home shall be present on the premises of the community day care home or family day care home during seventy-five per cent of the operating hours of the home.
32An area for each child to sleep or rest during sleep or rest period shall be provided in every community day care home or family day care home.
33(1)Repealed: 99-51
33(2)All staff members in a community day care home or family day care home shall be sixteen years of age or over.
99-51
34An operator of a community day care home or family day care home shall
(a) comply with fire safety and health criteria and standards prescribed by the Minister; and
(b) Repealed: 99-51
99-51; 2016, c.37, s.68
34.1Section 23.1 applies with the necessary modifications to an operator of a community day care home and to an operator of a family day care home.
99-51
35Regulation 74-119 under the Day Care Act is repealed.
SCHEDULE A
MINIMUM PRIMARY STAFF MEMBER RATIO FOR DAY CARE CENTERS
Age of Children
Number of Staff:
Number of Children
less than 2 years
1    :      3
 2 years old
1    :      5
 3 years old
1    :      7
 4 years old
1    :    10
 5 years old
1    :    12
 6 years old
1    :    15
7-12 years old
1    :    15
SCHEDULE B
MAXIMUM GROUP SIZE FOR DAY CARE CENTERS
Age of Children
Maximum Number of Children per Group
less than 2 years
  9
 2 years
10
 3 years
14
 4 years
20
 5 years
24
 6 years
30
7-12 years
30
SCHEDULE C
CRIMINAL CODE

Section

General Description of Offence
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
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
172
Corrupting children
172.1
Luring a child
173
Indecent acts
175
Causing disturbance, indecent exhibition, loitering
212
Procuring
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
Counseling 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 things
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, hostage taking, 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
Uttering forged document
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
Cattle and other animals
445.1 - 447
Cruelty to animals
2010-17
N.B. This Regulation is consolidated to February 1, 2018.