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Acts and Regulations

2018-12 - Childcare Grants and Subsidies

Table of contents

Regulation number	Title
E-0.5	Early Childhood Services Act

Full text

NEW BRUNSWICK

REGULATION 2018-12

under the

Early Childhood Services Act

(O.C. 2018-40)

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 Childcare Grants and Subsidies Regulation – Early Childhood Services Act.

2022, c.30, s.2

Definitions

2The following definitions apply in this Regulation.

“Act” means the Early Childhood Services Act.(Loi)

“early learning and childcare home” means an early learning and childcare home as defined in New Brunswick Regulation 2018-11 under the Act. (garderie éducative en milieu familial)

“full-time assistance” means assistance for a child who receives services at a facility for four hours or more each day.(assistance à temps plein)

“full-time early learning and childcare centre” means a full-time early learning and childcare centre as defined in the New Brunswick Regulation 2018-11 under the Act.(garderie éducative à temps plein)

“household” means a parent and, if applicable, the spouse of the parent or a person cohabiting as the spouse of the parent.(ménage)

“income” means(revenu)

(a) in relation to a base taxation year, a person’s income for that base taxation year, and

(b) in relation to a current year, a person’s estimated income for the current year calculated in a manner approved by the Minister.

“parent” means a person who has parenting time and decision making responsibility, as those terms are defined in the Family Law Act, in respect to a child.(parent)

“part-time assistance” means assistance for a child who receives services at a facility for more than two hours each day and less than four hours each day.(assistance à temps partiel)

“part-time early learning and childcare centre” means a part-time early learning and childcare centre as defined in the New Brunswick Regulation 2018-11 under the Act. (garderie éducative à temps partiel)

“relief employee” means a short term or on-call employee of a licensed facility who temporarily replaces an educator as that term is defined in New Brunswick Regulation 2018-11 under the Act.(employé de relève)

2022, c.30, s.2

Market fee threshold

2022, c.30, s.2

2.1(1)The Minister shall establish a market fee threshold of the maximum daily cost of services provided to an infant or a preschool child at a designated facility and shall review the market fee threshold at least once a year.

2.1(2)The Minister shall make the market fee threshold available to the public by posting the market fee threshold on the Department of Education and Early Childhood Development website.

2.1(3)An operator of a designated facility shall not set its daily cost of services provided to an infant or a preschool child above the market fee threshold.

2.1(4)Despite subsection (3), if, immediately before the commencement of this section, the daily cost of services provided to an infant or a preschool child at a licensed facility that is deemed to be a designated facility under section 15.5 of the Act was above the market fee threshold, the daily cost of services may remain in effect.

2.1(5)If the daily cost of services provided to an infant or a preschool child at a designated facility is less than the market fee threshold, the operator may increase once in any 12 month period the daily cost of services by a maximum of 3% and shall, at least 60 days before increasing the daily cost of services, notify the Minister in writing of the increase and the effective date of the increase.

2.1(6)Despite subsection (5), the Minister may, in the circumstances that the Minister considers appropriate, authorize the operators of designated facilities to increase by more than 3 % the daily cost of services in any 12-month period or increase the daily cost of services more than once in any 12-month period.

2022, c.30, s.2

Parent fee grid

2022, c.30, s.2

2.2(1)The Minister shall establish a parent fee grid of the fees that an operator of a designated facility shall charge a parent for services provided to an infant or a preschool child and shall review the parent fee grid at least once a year.

2.2(2)The Minister shall make the parent fee grid available to the public by posting the grid on the Department of Education and Early Childhood Development website.

2022, c.30, s.2

Operational grants

2022, c.30, s.2

2.3(1)For the purposes of section 40.011 of the Act, the Minister may provide a parent fee reduction grant or a quality improvement grant or both to an operator of a designated facility.

2.3(2)An operator of a designated facility shall submit to the Minister, within the time specified by the Minister and for the period determined by the Minister, the following information:

(a) the number of infants or preschool children enrolled at the facility; and

(b) the daily cost of services provided to an infant or a preschool child at the designated facility.

2.3(3)The amount of a parent fee reduction grant shall be calculated by multiplying the number of infants and preschool children enrolled at the designated facility by the amount equal to the difference between the daily cost of services referred to in paragraph (2)(b) and the fee set out in the parent fee grid that an operator of a designated facility shall charge a parent for providing services.

2.3(4)The amount of a quality improvement grant shall be calculated by multiplying the number of infants and preschool children enrolled at the designated facility by the amount that the Minister determines, taking into account the class of the facility and the age of children.

2.3(5)The operator of a designated facility shall notify the Minister of any changes affecting the parent fee reduction grant within 30 days after the change.

2.3(6)For the purposes of subsection 40.021(1) of the Act, the financial and other records are as follows:

(a) enrolment records for infants and preschool children; and

(b) records indicating the daily cost of services provided to an infant or a preschool child at the designated facility.

2022, c.30, s.2

Wage enhancement grants

2022, c.30, s.2

2.4(1)For the purposes of this section, “employee” means

(a) with respect to a full-time early learning and childcare centre or a part-time early learning and childcare centre, a staff member, other than an operator, who works directly with children and an administrator, and

(b) with respect to an early learning and childcare home, an operator.

2.4(2)For the purposes of section 40.011 of the Act, the Minister may provide a wage enhancement grant to an operator of a licensed facility who shall remit to each employee, in addition to their base salary, the amount of the wage enhancement grant that is attributable to that employee at the end of each pay period.

2.4(3)Within the period determined by the Minister each month, an operator of a licensed facility shall submit to the Minister the number of hours worked by each employee with infants, preschool children or school-age children during the previous month to a maximum of

(a) 44 hours per week at a full-time early learning and childcare centre or an early learning and childcare home, and

(b) 30 hours per week at a part-time early learning and childcare centre.

2.4(4)Despite paragraph (3)(b), the maximum number of hours for an employee who provides services in a part-time early learning and childcare centre at which temporary full-time services are provided in accordance with section 18 of New Brunswick Regulation 2018-11 under the Act is 44 hours per week.

2.4(5)Despite subsection (3), the maximum number of hours for a relief employee is 88 hours per month.

2.4(6)The amount of the wage enhancement grant shall be calculated by multiplying the number of hours worked by an employee by the applicable hourly rate established by the Minister for employees, performing the calculation for each employee and adding the amounts.

2.4(7)When establishing an hourly rate under subsection (6), the Minister shall consider

(a) whether the employee

(i) holds a one-year Early Childhood Education Certificate or training that is equivalent in the opinion of the Minister, has successfully completed the Introduction to Early Childhood Education course or, if not yet completed, has been enrolled in the course for not more than six months,

(ii) provides services to infants, preschool children or school-age children,

(iii) is employed at a full-time early learning and childcare centre, a part-time early learning and childcare centre or an early learning and childcare home, and

(iv) is employed at a designated facility or a licensed facility that is not a designated facility, and

(b) the relevant experience of the employee, if any.

2.4(8)An operator of a licensed facility shall notify the Minister of any changes affecting the wage enhancement grant within 30 days after the change.

2.4(9)For the purposes of subsection 40.021(1) of the Act, the financial and other records are as follows:

(a) a payroll record for each employee; and

(b) a time sheet for each employee on a form provided by the Minister.

2022, c.30, s.2; 2022-72

Subsidies

3(1)For the purposes of subsection 46(3) of the Act, a parent is eligible to receive assistance

(a) if the income of the household, less the Canada-New Brunswick Housing Benefit, is equal to or less than the threshold set by the Minister,

(b) if each person in the household

(i) is employed or self-employed,

(ii) is attending an educational institution,

(iii) is in receipt of assistance under the Family Income Security Act and is seeking employment or participating in an employment-related program, or

(iv) is unable to care for the child for medical reasons, and

(d) Repealed: 2022-72

3(2)If a parent is eligible to receive assistance and each member of the household meets the criteria under subparagraph (1)(b)(iii), the parent shall only be eligible to receive assistance for a total of six months.

3(3)Paragraph (1)(b) does not apply if a child is referred to the Minister by an agency approved by the Minister or by the Minister of Social Development.

3(4)An application for assistance may be made once a year or within the time that the Minister determines.

3(5)For the purposes of section 47 of the Act, the documents include the following:

(a) a document that verifies that the child is registered at a licensed facility, a facility that is subject to an interim permit, or a facility described in subsection 4(2) of the Act;

(b) a copy of the personal income tax return of each member of the household for the most recent taxation year, a statement of earnings, or any other document that verifies the income, if applicable;

(d) a document that verifies the hours of work or hours of instruction at an educational institution of each member of the household, if applicable;

(e) a document that verifies that each member of the household is receiving assistance under the Family Income Security Act, if applicable; and

(f) Repealed: 2022-72

(g) a copy of the child’s birth certificate or any other document that verifies the custody or guardianship of the child.

3(6)The Minister shall establish the amount of assistance for each child based on the following criteria:

(a) if the parent is eligible for part-time or full-time assistance;

(b) if the facility is a licensed facility, a facility with an interim permit, or a facility described in subsection 4(2) of the Act;

(b.1) if the licensed facility is or is not a designated facility;

(b.2) the age of the child;

(d) in the case of a facility described in subsection 4(2) of the Act, the members of the household, the number of other persons living with the members of the household and the number of children who will receive services at the facility.

3(7)Despite subsection (6), if a child is referred to the Minister by an agency approved by the Minister or by the Minister of Social Development, the Minister shall establish the amount of assistance for each child based on the following criteria:

(a) if the parent is eligible for part-time or full-time assistance;

(b) if the facility is a licensed facility or a facility with an interim permit;

(b.1) if the licensed facility is or is not a designated facility;

(b.2) the age of the child;

(d) the income of the household, less the Canada-New Brunswick Housing Benefit.

3(8)The operator shall complete an invoice on a form provided by the Minister and shall submit the invoice to the Minister each month or within the time that the Minister determines.

3(9)Any adjustments to the invoice shall be submitted to the Minister on a form provided by the Minister within 90 days after the completion of the services being provided.

3(10)The operator shall notify the Minister within five days after either of the following events:

(a) a change occurs that may affect a parent’s eligibility for assistance or the amount of assistance; or

(b) a child for whom a parent receives assistance is absent from the facility for more than three consecutive days or more than 12 days in a month.

3(11)For the purposes of subsection 49(2) of the Act, the records and documents are as follows:

(a) the invoices referred to in subsection (8);

(b) attendance records;

(d) termination forms provided by the Minister; and

(e) records of the fees charged to parents by the operator.

2019, c.2, s.37; 2021-84; 2022, c.30, s.2; 2022-72

Commencement

4This Regulation comes into force on February 1, 2018.

N.B. This Regulation is consolidated to October 24, 2022.