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Chapter	Title
2018-11	Licensing
2018-12	Childcare Grants and Subsidies
2018-13	Programs for Children with Autism Spectrum Disorder
2021-42	On-line Registry

WHEREAS the Government of New Brunswick recognizes the importance of ensuring the safety, well-being and healthy development of all young children receiving early childhood services;

WHEREAS the Government of New Brunswick is committed to supporting the early learning and childcare sector in its efforts to build a network of high-quality, accessible, inclusive and affordable early childhood services;

WHEREAS the Government of New Brunswick recognizes that high-quality early childhood services serve the dual roles of fostering the early development of young children so they become healthy, self-sufficient and productive adults and supporting the labour force attachment and training efforts of parents;

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1

INTERPRETATION AND APPLICATION

Definitions

1The following definitions apply in this Act.

“administrator” means an individual appointed by an operator to provide on-site supervision of the day-to-day activities of a facility, and includes an operator who carries out these duties. (administrateur)

“agency” means an agency that has entered into a contract with the Minister to provide programs.(agence)

“associated person” means a person prescribed by regulation to be associated with a facility.(personne associée)

“child” means a person who is 12 years of age or under.(enfant)

“court” means The Court of King’s Bench of New Brunswick, and includes a judge of that court.(cour)

“designated facility” means a licensed facility that is designated by the Minister under section 15.1 or for which the designation is renewed under section 15.2.(établissement désigné)

“early learning and childcare home” means an early learning and childcare home as defined in the regulations.(garderie éducative en milieu familial)

“facility” means an early learning and childcare facility at which services are provided.(établissement)

“full-time early learning and childcare centre” means a full-time early learning and childcare centre as defined in the regulations.(garderie éducative à temps plein)

“infant” means a child who is under 2 years of age.(enfant en bas âge)

“licence” means a licence issued under section 6 or renewed under section 12.(permis)

“licensed facility” means a facility for which its operator holds a licence or a probationary licence.(établissement agréé)

“Minister” means the Minister of Education and Early Childhood Development and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)

“operator” means an individual, corporation, unincorporated association, partnership or limited partnership that operates a facility.(exploitant)

“part-time early learning and childcare centre” means a part-time early learning and childcare centre as defined in the regulations.(garderie éducative à temps partiel)

“personal information” means personal information as defined in the Right to Information and Protection of Privacy Act.(renseignements personnels)

“preschool child” means a child who is 2 years of age or over and who is not yet attending school.(enfant d’âge préscolaire)

“programs” means early childhood programs related to the development of a child that are provided by a person other than the child’s parent or guardian but exclude services provided by an operator.(programmes)

“resources” includes financial support, personnel, equipment and facilities.(ressources)

“school-age child” means a child who is attending school.(enfant d’âge scolaire)

“services” means services related to the care, supervision or development of a child which are provided by a person other than the child’s parent or guardian.(services)

“staff member” means a person who is employed in a facility, and includes an administrator and a volunteer.(membre du personnel)

2010, c.31, s.32; 2012, c.22, s.3; 2021, c.1, s.1; 2022, c.30, s.1; 2023, c.17, s.61

Application

2This Act does not apply to educational programs and educational services provided by the Minister under the Education Act.

2010, c.31, s.32; 2012, c.22, s.4

Policies and guidelines

2013, c.41, s.1

2.01(1)The Minister may establish provincial policies and guidelines related to programs and services.

2.01(2)A policy or guideline made under subsection (1) shall be published by the Minister as soon as practicable on the Department of Education and Early Childhood Development website.

2.01(3)The Regulations Act does not apply to provincial policies and guidelines established under subsection (1).

2013, c.41, s.1

On-line registry

2017, c.64, s.1

2.02(1)The Minister shall establish and maintain an on-line registry.

2.02(2)An operator of a licensed facility shall provide the Minister with the information, including personal information, for the on-line registry that is prescribed by regulation within the time prescribed by regulation.

2.02(2.1)In providing the Minister with the information for the on-line registry, an operator of a licensed facility may disclose the personal information of an individual if the person from whom the information was obtained and the individual to whom the information relates have consented to the disclosure.

2.02(3)Despite subsection (1), an on-line registry shall not be established before the date prescribed by regulation.

2.02(4)The Minister may collect any information, including personal information, that is provided to the Minister for the on-line registry.

2.02(5)Subject to subsection (6), the Minister may use the information provided to the Minister for the on-line registry for the following purposes:

(a) determining a child’s eligibility to participate in a program or receive a service;

(b) managing enrolment at licensed facilities;

(c) creating a unique identification number for a child;

(d) creating a unique identification number for a staff member of a facility;

(e) determining an operator’s eligibility for grants under Part 2.1;

(f) determining a parent’s eligibility for financial assistance under Part 4.

2.02(6)The Minister may use an individual’s Medicare number provided to the Minister for the on-line registry for the purpose of creating a unique identification number for a child.

2.02(7)The Minister may use a unique identification number referred to in paragraph (5)(c) to identify a school-age child for the purposes of the Education Act.

2.02(8)Subject to subsections (9) and (10), the Minister may disclose the information provided to the Minister for the on-line registry

(a) to the Minister of Heath,

(b) to an operator of a licensed facility, and

(c) to any other person or class of persons prescribed by regulation.

2.02(9)For the purposes of paragraph (8)(a), the Minister may disclose an individual’s Medicare number to the Minister of Health for the purpose of validating the unique identification number for a child referred to in paragraph (5)(c).

2.02(10)Subject to subsection (9), for the purposes of subsection (8), the Minister may disclose only the personal information, that has been prescribed by regulation.

2017, c.64, s.1; 2021, c.1, s.2; 2022, c.30, s.1

1.1

EARLY CHILDHOOD PROGRAMS

2012, c.22, s.5

Powers of the Minister

2012, c.22, s.5

2.1With respect to programs, the Minister may

(a) establish programs,

(b) provide programs,

(c) enter into contracts for the provision of programs,

(d) enter into contracts to provide resources for the provision of programs, and

(e) provide for research to be undertaken to determine the needs for programs within the Province.

2012, c.22, s.5

Investigations

2012, c.22, s.5

2.2(1)If the Minister has reason to believe that a program provided by an agency may be of inadequate quality or may be dangerous, destructive or damaging to a recipient of the program, the Minister may conduct such investigation of the agency as the Minister considers necessary.

2.2(2)During an investigation, the Minister may

(a) at any reasonable hour enter any premises from which an agency provides the program or keeps its records relating to the program,

(b) examine any record or document of the agency, and

(c) interview employees of the agency and recipients of the program.

2.2(3)No person shall obstruct or interfere with the Minister who is carrying out or attempting to carry out an investigation under this section.

2.2(4)After an investigation has been conducted, the Minister may order the agency in writing to do any of the following:

(a) take corrective action recommended by the Minister;

(b) suspend the provision of the program until the corrective action is complied with; or

(c) terminate provision of the program.

2.2(5)The Minister shall serve an order under subsection (4) by personal service on the owner or person in charge of the agency.

2.2(6)The Minister may, without notice and without compensation to the agency, terminate any contract entered into with an agency and may cancel resources provided or undertaken to be provided if an owner or person in charge of an agency

(a) commits an offence under subsection (3),

(b) fails or refuses to comply with an order issued under paragraph (4)(a) or (b), or

(c) is subject to an order under paragraph (4)(c).

2.2(7)If the Minister terminates a contract under subsection (6), the Minister is entitled to compensation from the agency in an amount equal to the value of any resources provided to the agency under paragraph 2.1(d) during the year before the committal of an offence under subsection (3) or the issuing of an order under subsection (4).

2.2(8)If default has been made in payment of the amount referred to in subsection (7), the Minister may issue a certificate to that effect, stating the amount due and payable including interest, if any, and the name of the person from whom the amount is due and payable and that amount shall constitute a debt due to the Crown in right of the Province.

2.2(9)A certificate issued under subsection (8) may be filed in The Court of King’s Bench of New Brunswick and when filed, becomes a judgment of the court and may be enforced as a judgment obtained in the court by the Crown in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.

2.2(10)All reasonable costs and charges respecting the filing, entering and recording of a certificate under subsection (9) shall be recovered in the same manner as if the amount had been included in the certificate.

2012, c.22, s.5; 2021, c.1, s.3; 2023, c.17, s.61

Policies and guidelines

Repealed: 2013, c.41, s.2

2012, c.22, s.5; 2013, c.41, s.2

2.3Repealed: 2013, c.41, s.3

2012, c.22, s.5; 2013, c.41, s.3

2

EARLY LEARNING AND CHILDCARE FACILITIES

Excluded services

2012, c.22, s.6

2.4Services provided by an operator exclude the following:

(a) services that are provided in circumstances in which the parent or guardian of a child is on the premises and available at all times to attend to the needs of the child;

(b) services that are provided on a seasonal basis or for not more than ten weeks in a calendar year; and

(c) a recreational, sports, artistic or other single-focus program that does not have a care component.

2012, c.22, s.6

General prohibition

3No person shall operate a facility except in accordance with this Act and the regulations.

Licensing of early learning and childcare facilities

Licence required

4(1)Subject to subsection (2), no person shall operate a facility unless that person holds a licence.

4(2)A person who does not hold a licence may operate a facility if that person provides services to one of the following groups of children:

(a) no more than 2 infants, including the children of the operator;

(b) no more than 4 preschool children, including the children of the operator;

(c) no more than 8 school-age children, including the children of the operator; or

(d) no more than 5 children, including those of the operator, if the children are from more than one of the groups described in paragraphs (a) to (c).

Application for licence

5(1)A person may apply to the Minister on a form provided by the Minister for a licence to operate a facility.

5(2)An application for a licence shall be accompanied by the documents and the fee prescribed by regulation.

5(3)No individual who is under 19 years of age may apply for a licence.

5(4)For greater certainty, only the actual operator may be the applicant for a licence to operate a facility.

2013, c.41, s.4; 2021, c.1, s.4

Issuance of licence

6(1)On receiving a completed application for a licence, the Minister shall issue a licence to the applicant if the Minister is satisfied that

(a) the applicant will comply with this Act and the regulations,

(a.1) the application complies with New Brunswick Regulation 2018-11 under this Act,

(b) the premises where the facility will operate comply with this Act and the regulations, and

(c) the services to be provided by the operator comply with this Act and the regulations.

6(2)On issuing a licence, the Minister may impose on the licence any term or condition that the Minister considers appropriate.

6(3)A licence shall be issued for a term of one year.

6(4)A licence shall indicate the following information:

(a) the name of the operator to whom it is issued;

(b) the location of the premises at which the facility shall operate under the licence;

(c) the class of the facility;

(d) the maximum number of children who may receive services at the facility;

(e) the ages of the children who may receive services at the facility;

(e.1) the designation status of the facility, if applicable;

(f) the expiry date of the licence; and

(g) any terms or conditions imposed on the licence by the Minister.

2021, c.1, s.5; 2022, c.30, s.1

Terms and conditions

7A licence is subject to the following:

(a) this Act and the regulations that apply to the licence; and

(b) the terms and conditions imposed on the licence under subsection 6(2).

Notice of change

2021, c.1, s.6

7.1If a licensee that is a corporation, unincorporated association, partnership or limited partnership has a change in directors, partners or general partners, as the case may be, the licensee shall:

(a) notify the Minister in writing within 15 days after the change; and

(b) submit to the Minister, within 30 days after the change, all the documents for the new directors, partners or general partners that the licensee would have been required to submit at the time of applying for the licence.

2021, c.1, s.6

Licence not transferable

8A licensee may not transfer or assign a licence to another person.

Expiry

9A licence expires at the end of the term of the licence unless it is renewed.

Refusal to issue licence

10(0.1)An applicant in paragraph (1)(c) and subsection (2) includes:

(a) the directors, in the case of an applicant that is a corporation or an unincorporated association;

(b) the partners, in the case of an applicant that is a partnership; and

(c) the general partners, in the case of an applicant that is limited partnership.

10(1)The Minister may refuse to issue a licence in the following circumstances:

(a) the Minister is not satisfied that the applicant is capable of operating the facility in accordance with this Act and the regulations;

(b) the Minister has reasonable grounds to believe that the applicant has knowingly made a false statement in the application or the accompanying documents; or

(c) the Minister has reasonable grounds to believe that the applicant or an associated person is not suitable to have contact with children receiving services at the facility.

10(2)An applicant or an associated person is not suitable to have contact with children receiving services at a facility in the following circumstances:

(a) the applicant or associated person is the subject of a court order made under the Child and Youth Well-Being Act in relation to a danger to the well-being of a child or youth as described in paragraphs 34(a) to (n) of that Act;

(b) the Minister of Social Development has made a finding that the applicant or associated person has endangered the well-being of a child or youth under subsection 39(1) of the Child and Youth Well-Being Act;

(c) the applicant or associated person is the subject of a court order made under the Family Services Act in relation to a danger to the security of a person as described in paragraphs 37.1(1)(a) to (g) of that Act;

(d) the Minister of Social Development has made a finding that the applicant or associated person has endangered the security of another person under section 36.2 of the Family Services Act; or

(e) the applicant or associated person has been convicted of an offence under the Criminal Code (Canada) that is prescribed by regulation.

2013, c.41, s.5; 2016, c.37, s.48; 2019, c.2, s.36; 2021, c.1, s.7; 2023, c.36, s.5

Application to renew licence

11(1)An application for the renewal of a licence shall be made on a form provided by the Minister and submitted to the Minister at least 90 days before the expiry date of the licence.

11(2)An application for the renewal of a licence shall be accompanied by the documents and the fee prescribed by regulation.

2013, c.41, s.6; 2021, c.1, s.8

Renewal of licence

12(1)On receiving a completed application for the renewal of a licence, the Minister shall renew the licence if the Minister is satisfied that

(a) the licensee will comply with this Act and the regulations,

(a.1) the application complies with New Brunswick Regulation 2018-11 under this Act,

(b) the premises where the facility operates comply with this Act and the regulations, and

(c) the services provided by the licensee comply with this Act and the regulations.

12(2)Subsections 6(2) to (4) apply with the necessary modifications to the renewal of a licence.

2021, c.1, s.9

Refusal to renew licence

13(0.1)A licensee in (1)(c) and subsection (2) includes:

(a) in the case of licensee that is a corporation or an unincorporated association, the directors who have contact with children receiving services at the facility or who are responsible for maintaining the financial records of the facility;

(b) in the case of a licensee that is a partnership, the partners who have contact with children receiving services at the facility or who are responsible for maintaining the financial records of the facility; and

(c) in the case of a licensee that is a limited partnership, the general partners who have contact with children receiving services at the facility or who are responsible for maintaining the financial records of the facility.

13(1)The Minister may refuse to renew a licence in the following circumstances:

(a) the Minister is not satisfied that the licensee is capable of operating the facility in accordance with this Act and the regulations;

(b) the Minister has reasonable grounds to believe that the licensee has knowingly made a false statement in the application or the accompanying documents or in any other record or document required to be maintained under this Act or the regulations;

(c) the Minister has reasonable grounds to believe that the licensee or an associated person is not suitable to have contact with children receiving services at the facility; or

(d) after an inspection under section 22 and reasonable inquiry, the Minister is satisfied that the licensee has violated or failed to comply with a term or condition of the licence, a provision of this Act or the regulations or a provision of another Act that is prescribed by regulation.

13(2)Subsection 10(2) applies to the licensee or an associated person referred to in paragraph (1)(c).

2021, c.1, s.10

Continuation of licence

14(1)When a licensee applies to renew a licence at least 90 days before the expiry date of the licence, the licence and, if applicable, the designation, shall be deemed to continue until

(a) the Minister renews the licence and, if applicable, the designation, or

(b) the Minister refuses to renew the licence and, if applicable, the designation.

14(2)If a licensee makes a request under section 33 for the Minister to review a decision not to renew a licence, the licence and, if applicable, the designation, shall be deemed to continue until the Minister makes a determination under section 36.

2021, c.1, s.11; 2022, c.30, s.1

Waiting period after refusal or revocation

15(1)The following definitions apply in this section.

“affiliate” means an affiliate as defined in the Business Corporations Act.(affilié)

“associate” means an associate as defined in the Business Corporations Act. (associé)

“director” means a director as defined in the Business Corporations Act. (administrateur)

“incorporator” means an individual or body corporate that signs articles of incorporation under section 3 of the Business Corporations Act.(fondateur)

15(2)A person who is refused a licence, who is refused renewal of a licence or whose licence is revoked shall not apply for a licence for the period of time prescribed by regulation.

15(3)The prohibition in subsection (2) also applies to the following persons:

(a) an associate of the person referred to in subsection (2);

(b) if the person referred to in subsection (2) is a corporation,

(i) a director of the corporation, and

(ii) an affiliate of the corporation; and

(c) a corporation of which a person referred to in subsection (2) is a director or an incorporator.

2023, c.2, s.175

Designation of early learning and childcare facilities

2022, c.30, s.1

Designation

2022, c.30, s.1

15.1(1)On or after November 1, 2022, a person may, when applying for a licence under section 5, apply to the Minister, on a form provided by the Minister, to have a facility designated as a designated facility or, in the case of a person that is an operator of a licensed facility, at any time during the term of the licence.

15.1(2)An application for designation shall be accompanied by the documents prescribed by regulation.

15.1(3)The Minister may, in accordance with the policies and procedures established by the Minister, designate a facility as a designated facility

(a) on the issuance of a licence under section 6 for the term of the licence, or

(b) at any time during the term of a licence, for the remainder of the term of the licence.

15.1(4)The Regulations Act does not apply to the policies and procedures established by the Minister for the purposes of subsection (3).

15.1(5)The Minister shall, whenever possible, designate facilities in the order of priority established by regulation.

15.1(6)A designation expires at the end of the term of the licence unless the licence and the designation are renewed.

2022, c.30, s.1

Renewal of a designation

2022, c.30, s.1

15.2(1)An application for the renewal of a designation shall be made on a form provided by the Minister and submitted to the Minister at the same time as the application for renewal of a licence under section 11.

15.2(2)An application for the renewal of a designation shall be accompanied by the documents prescribed by regulation.

15.2(3)On receiving a completed application for the renewal of a designation, the Minister shall, on renewing the licence, renew the designation if the Minister is satisfied that the licensee will comply with the requirements of designation in this Act and the regulations.

2022, c.30, s.1

Schedule of wage rates

2022, c.30, s.1

15.3(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.

15.3(2)The Minister shall establish a schedule of wage rates for employees of designated facilities and shall review the schedule of wage rates at least once a year.

15.3(3)The Minister shall make the schedule of wage rates available to the public by posting the schedule on the Department of Education and Early Childhood Development website.

15.3(4)On or after November 1, 2022, an operator of a designated facility shall pay each employee at a wage rate not less than the applicable wage rate set out in the schedule.

2022, c.30, s.1

Designation agreements

2022, c.30, s.1

15.4(1)Any agreement entered into by the Minister with an operator of a licensed facility on or after February 1, 2018, and before the commencement of this section, with respect to the designation of the operator’s licensed facility for the purposes of improving the quality of services at the facility and providing financial assistance under section 46, shall be deemed to have been validly entered into and is confirmed and ratified.

15.4(2)Any act or thing done on or after February 1, 2018, and before the commencement of this section by the Minister with respect to financial assistance referred to in subsection (1) shall be deemed to have been validly done and is confirmed and ratified.

15.4(3)No action, application or any other proceeding to question or in which is questioned the validity of the agreements referred to in subsection (1) or the authority of the Minister to enter into such agreements or to provide financial assistance referred to in subsection (1) shall lie or be instituted against the Crown in right of the Province, the Minister or any person appointed, assigned, designated or requested to assist the Minister with respect to such agreements and financial assistance, if the Minister or person acted in good faith in entering into the agreement or providing the financial assistance referred to in subsection (1).

2022, c.30, s.1

Deemed designation

2022, c.30, s.1

15.5(1)On the date the Act that enacted this section received first reading in the Legislative Assembly, any licensed facility that is designated under an agreement referred to in section 15.4 is, for the remainder of the term of the licence, deemed to be a designated facility.

15.5(2)If a licence referred to in subsection (1) expires on or before October 31, 2022, the Minister may, on renewal of the licence, renew the designation.

2022, c.30, s.1

Designation on or before October 31, 2022

2022, c.30, s.1

15.6On or before October 31, 2022, the Minister may designate a facility as a designated facility in the following circumstances:

(a) the Minister receives a completed application for a licence and for designation on or before the date the Act that enacted this section received first reading in the Legislative Assembly;

(b) the Minister receives an application for designation on or before October 31, 2022, from an applicant who, on the date the Act that enacted this section received first reading in the Legislative Assembly, was operating a licensed facility that was not deemed to be a designated facility under subsection 15.5(1);

(c) the Minister receives on or before October 31, 2022, from a person who, on the date the Act that enacted this section received first reading in the Legislative Assembly, was operating a licensed facility that was deemed to be a designated facility under subsection 15.5(1), and who, after that date, ceases to operate the facility, a completed application for a licence and for designation to operate at another premises a similar designated facility; or

(d) the Minister receives on or before October 31, 2022, a completed application for a licence and for designation in respect of a facility that was deemed to be a designated facility under subsection 15.5(1) from a person who was not the operator of the facility on the date of the deemed designation.

2022, c.30, s.1

Requirements of early learning and childcare facilities

Location of operation

16A licensed facility may be operated only at the premises specified in the licence issued to its operator.

Transportation of children

17An operator of a licensed facility who transports or provides for the transportation of children receiving services at the facility shall ensure that it is done in accordance with the requirements prescribed by regulation.

Curriculum framework

Repealed: 2012, c.13, s.2

2012, c.13, s.2

18Repealed: 2012, c.13, s.2

2012, c.13, s.2; 2012, c.22, s.7; 2013, c.41, s.7

Inclusion

2021, c.1, s.12

18.1(1)An operator of a licensed facility shall provide services in an inclusive environment that respects the diversity of children and families related to race, colour, creed or religion, national origin, ancestry, place of origin, age, disability, marital status, family status, sexual orientation, sex, gender identity or expression, social condition and political belief or activity.

18.1(2)An operator of a licensed facility shall develop and implement an inclusion policy.

18.1(3)An inclusion policy shall include the following:

(a) how the operator will create an environment at the facility that supports, reflects and promotes equitable and inclusive practices to ensure that services are responsive to the needs, values and cultural beliefs of the families using the services;

(b) in the case of a facility of a class prescribed by regulation, any information prescribed by regulation.

2021, c.1, s.12

Staff training and qualifications

19(1)The staff members of a licensed facility shall meet the training requirements and other qualifications prescribed by regulation.

19(2)The Minister may collect and use the personal information of staff members of a licensed facility for the purpose of determining whether the training requirements and other qualifications referred to in subsection (1) have been met.

19(3)The Minister may collect the personal information referred to in subsection (2) either directly from the staff member to whom it relates or indirectly from an operator.

19(4)The Minister may disclose the personal information of a staff member of a licensed facility collected under subsection (2) to an operator for the purpose of confirming the training and other qualifications of the staff member.

2021, c.1, s.13

Checks of staff members

2021, c.1, s.14

19.1(1)If the Minister has reasonable grounds to believe that a staff member may not be suitable to have contact with children receiving services at a licensed facility, the Minister may obtain a check with the Department of Social Development.

19.1(2)If after a check under subsection (1), the Minister still has reasonable grounds to believe that a staff member is not suitable to have contact with children receiving services at the facility, the Minister may order the operator to dismiss the staff member.

19.1(3)Subsection 10(2) applies with the necessary modifications to a staff member referred to in subsection (1).

2021, c.1, s.14

Records and other documents

20(1)The operator of a licensed facility shall maintain those records and documents prescribed by regulation.

20(2)The operator of a licensed facility shall file with the Minister those records and documents requested by the Minister within the time specified by the Minister.

Duty to post

21A licensee shall post the following documents in a clearly visible and prominent place in the facility associated with the licence:

(a) the licence;

(a.1) a notice of a decision to suspend a grant under subsection 28.3(1);

(b) a report provided under section 23;

(c) an order issued under section 28; and

(d) a probationary license issued under section 29.

2022, c.30, s.1

Inspections of licensed facilities

Inspections

22(1)At any reasonable time, an inspector may enter and inspect a licensed facility for the purpose of ensuring compliance with this Act, the regulations and the licence associated with the facility.

22(2)Before or after attempting to enter a licensed facility under subsection (1), an inspector may apply for an entry warrant under the Entry Warrants Act.

22(3)An inspector shall not enter a private dwelling under subsection (1) unless the inspector is entering in one of the following circumstances:

(a) the inspector is acting in an emergency situation;

(b) the inspector is entering with the consent of a person who appears to be an adult and an occupant of the dwelling; or

(c) the inspector has obtained an entry warrant under the Entry Warrants Act.

22(4)During an inspection, an inspector may do any of the following:

(a) require to be produced for inspection, or for the purpose of obtaining copies or extracts, any record or document prescribed by regulation; and

(b) make those examinations and inquiries of any person that the inspector considers necessary for the purpose of ensuring compliance with this Act, the regulations and the licence associated with the facility.

22(5)Immediately on demand by an inspector, the operator or administrator of a licensed facility shall produce a record or document required by the inspector under subsection (4).

22(6)Every person shall give an inspector all reasonable assistance to enable the inspector to carry out an inspection under this section, including providing the inspector with the information that the inspector reasonably requires.

22(7)An inspector acting under this section may request the assistance of a peace officer.

22(8)An inspector shall inform the Minister as soon as practicable, if, during an inspection, the inspector has reasonable grounds to believe that

(a) there is an imminent danger to the health, safety or well-being of a child who is receiving services at the licensed facility, or

(b) the operator has failed to ensure that

(i) no child receiving services at the licensed facility is subjected to any form of physical punishment or verbal or emotional abuse, or

(ii) no child receiving services at the licensed facility is denied physical necessities.

2021, c.1, s.15

Inspection report

23An inspector shall provide an operator with a copy of the inspector’s report.

Removal of records and documents

24(1)For the purposes of section 22, an inspector may remove a record or document from a licensed facility and may make a copy or extract of it or any part of it and shall give a receipt for the record or document to the person who provided it to the inspector.

24(2)When a record or a document is removed from a licensed facility, it shall be returned as soon as possible after the copies or extracts have been made.

24(3)A copy or extract of a record or document related to an inspection and purporting to be certified by the inspector is admissible in evidence in a proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the inspector.

Confidentiality of information

25(1)Despite the Right to Information and Protection of Privacy Act, a statement, declaration, record or document made or given by a person at the request of an inspector in the course of an inspection is confidential and for the information and use of the Minister only and may not be inspected by any other person without the written authorization of the Minister.

25(2)Subsection (1) does not apply to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of the Right to Information and Protection of Privacy Act.

2013, c.41, s.8; 2019, c.18, s.9

Obstruction of inspectors

26(1)No person shall obstruct or interfere with an inspector who is carrying out or attempting to carry out an inspection under section 22.

26(2)A person is not interfering with or obstructing an inspector if the person refuses to consent to the inspector entering a private dwelling unless an entry warrant has been obtained or the inspector is acting in an emergency situation.

Inspectors

27(1)The Minister may appoint inspectors for the purposes of this Act and the regulations.

27(2)The Minister shall issue to an inspector a certificate of appointment bearing the Minister’s signature or a facsimile of it.

27(3)An inspector who exercises powers under this Act or the regulations shall produce their certificate of appointment when requested to do so.

2021, c.1, s.16

Enforcement

Order for compliance

28(1)If the Minister is of the opinion that a licensed facility is not being operated or maintained in compliance with this Act, the regulations or its licence, the Minister may issue an order to the operator requiring that those measures specified in the order be taken in order to remedy the non-compliance.

28(2)An order under subsection (1) shall be in writing and shall specify the time within which it must be complied with.

Protection order

2021, c.1, s.17

28.1(1)The Minister may issue a protection order under this section if, after receiving information from an inspector under subsection 22(8), the Minister has reasonable grounds to believe that

(a) there is an imminent danger to the health, safety or well-being of a child who is receiving services at the licensed facility, or

(b) the operator has failed to ensure that

(i) no child receiving services at the licensed facility is subjected to any form of physical punishment or verbal or emotional abuse, or

(ii) no child receiving services at the licensed facility is denied physical necessities.

28.1(2)In a protection order, the Minister may

(a) order the licensee to stop operating the licensed facility until the Minister is satisfied that the order has been complied with,

(b) order that the licensee eliminate the danger and take any other measures set out in the order, and

(c) suspend the licensee’s licence.

28.1(3)A protection order shall

(a) set out the reasons for the order,

(b) state that the licensee is entitled to request that the Minister review the decision, and

(c) include any other information prescribed by regulation.

28.1(4)The Minister shall serve a protection order by personal service on the licensee.

28.1(5)The Minister

(a) shall post a notice of a protection order at the licensed facility, and

(b) may provide notice of the protection order to the parents or guardians of the children who receive services at the licensed facility.

28.1(6)No person other than the Minister shall remove a notice posted under paragraph (5)(a), unless the person is authorized to do so by the Minister.

28.1(7)A protection order is effective on the occurrence of the earlier of the following:

(a) notice of the protection order is posted at the licensed facility; and

(b) the protection order is served on the licensee.

28.1(8)The making of a request to review a decision referred to in subsection (3) does not stay the protection order.

28.1(9)The Minister may vary or revoke a protection order at any time.

2021, c.1, s.17

Court order

2021, c.1, s.17

28.2(1)If the Minister has reasonable grounds to believe that an individual who provides services in a licensed facility poses an imminent danger to the health, safety or well-being of a child who receives services at that facility or that the individual has subjected a child receiving services at that facility to any form of physical punishment or verbal or emotional abuse or that the individual has denied a child receiving services at that facility physical necessities, the Minister may apply to the court for an order prohibiting the individual from providing services.

28.2(2)The Rules of Court apply to an application under subsection (1).

28.2(3)On an application under subsection (1), the court may issue an interim order without a hearing if it is satisfied that it is in the public interest to do so.

28.2(4)Any person may apply to the court for an order varying or revoking an order issued under subsection (1).

2021, c.1, s.17

Suspension of grant – designated facility

2022, c.30, s.1

28.3(1)If in the opinion of the Minister, an operator of a designated facility fails to comply with a requirement of designation in this Act or the regulations, the Minister may suspend a grant under section 40.011 and the decision to suspend the grant shall include the following information:

(a) the non-compliance that resulted in the suspension of the grant;

(b) the corrective measures the operator must take to remedy the non-compliance; and

(c) the period within which the operator must remedy the noncompliance, which shall be no more than three months and shall not exceed the term of the licence.

28.3(2)If the Minister is satisfied that the operator has taken the required corrective measures, the Minister may reinstate the grant.

28.3(3)If an operator fails to take the required corrective measures during the period referred to in paragraph (1)(c), the Minister may revoke the designation and, for the remainder of the term of the licence, the facility will not be a designated facility.

2022, c.30, s.1

Probationary licence

29(1)The Minister may suspend the licence associated with a licensed facility and issue a probationary licence to the operator in the following circumstances:

(a) the Minister is of the opinion the facility is not being operated or maintained in compliance with this Act, the regulations, its licence or a provision of any other Act prescribed by regulation; or

(b) the Minister has reasonable grounds to believe that the operator knowingly made a false statement in an application under section 5 or 11 or in a document or record required to be maintained or filed under this Act or the regulations.

29(2)When a probationary licence has been issued in accordance with paragraph (1)(a), in addition to the information required under subsection 6(4), the licence shall indicate the following information:

(a) the non-compliance that resulted in the issuance of the probationary licence;

(b) the measures the operator must take to remedy the non-compliance; and

(c) the time within which the operator must complete the specified measures to remedy the non-compliance.

29(3)The term of a probationary licence shall be no more than 3 months and shall not exceed the unexpired term of the suspended licence.

29(4)At any time during the term of a probationary licence issued in accordance with paragraph (1)(a), if the Minister is satisfied that the operator has taken the measures indicated in that licence within the specified time, the Minister may reinstate the suspended licence for the remainder of the unexpired term of that licence.

29(5)If an operator fails to complete the measures indicated in a probationary licence issued in accordance with paragraph (1)(a) within the time specified, or fails to comply with this Act or the regulations, the Minister may do either of the following:

(a) refuse to reinstate the suspended licence; or

(b) renew the probationary licence if the Minister is satisfied that the operator’s failure to complete the indicated measures within the specified time was due to circumstances beyond the operator’s control.

29(6)The Minister may renew a probationary licence for only one period of no more than 3 months.

29(7)At any time during the term of a probationary licence issued in accordance with paragraph (1)(b), the Minister may do either of the following after an investigation and reasonable inquiry:

(a) reinstate the suspended licence for the remainder of the unexpired term of that licence; or

(b) refuse to reinstate the suspended licence.

29(8)If the Minister refuses to reinstate a suspended licence under subsection (5) or (7), the probationary licence expires at the end of its term.

2021, c.1, s.18

Revocation of licence - grounds

30(1)If a probationary licence expires in accordance with subsection 29(8), the Minister shall revoke the suspended licence.

30(2)The Minister may revoke a licence if

(a) the licensee has been convicted of an offence

(i) under this Act or the regulations, or

(ii) under an Act prescribed by regulation or a regulation under that Act; or

(b) the Minister is of the opinion that the licensee is no longer complying with New Brunswick Regulation 2018-11 under this Act,

(c) the Minister is of the opinion that the licensee

(i) has failed to ensure that no child receiving services at the licensed facility is subjected to any form of physical punishment or verbal or emotional abuse, or

(ii) has failed to ensure that no child receiving services at the licensed facility is denied physical necessities,

(d) the Minister is of the opinion that there is an imminent danger to the health, safety or well-being of a child who is receiving services at the licensed facility,

(e) in the case of a suspended licence for which a probationary licence has been issued, the Minister is of the opinion that

(i) the licensee has failed to complete the measures indicated in the probationary licence or has failed to do so within the time specified in the probationary licence, or

(ii) the licensee has failed to comply with an order requiring that the measures specified in the order be taken to remedy a non-compliance or has failed to do so within the time specified in the order.

2021, c.1, s.19

Revocation of licence - procedure

31(1)The revocation of a licence is effective as follows:

(a) immediately on the Minister posting notice of the revocation at the facility if the Minister is of the opinion that there is an imminent danger to the health, safety or well-being of a child; or

(b) on the fifteenth day following the day the Minister serves notice of the revocation on the licensee.

31(2)Immediately on making a determination to revoke a licence, the Minister shall serve written notice of the revocation on the licensee.

31(3)A notice of revocation shall indicate the following information:

(a) the reason for the revocation; and

(b) the effective date of the revocation.

31(4)A notice of revocation may be served on a licensee by any of the following methods:

(a) by personal service;

(b) by ordinary mail to the licensee’s last address known to the Minister;

(c) by fax to the licensee’s last fax number known to the Minister; or

(d) by e-mail to the licensee’s last e-mail address known to the Minister.

31(5)The Minister shall post a notice of revocation in a clearly visible and prominent place on the premises where the facility is operated.

31(6)The Minister shall provide a copy of the notice of revocation to the parent or guardian of each child that receives services at the facility.

General duty to notify

32(1)If the Minister refuses to issue or renew a licence or acts under section 28, 28.3 or 29, the Minister shall provide written notice of the Minister’s decision to the applicant or the licensee, as the case may be.

32(2)A notice under subsection (1) shall indicate the following information:

(a) the decision made by the Minister;

(b) the reasons for the decision; and

(c) the right of the applicant or the licensee to have the decision reviewed by the Minister.

32(3)A notice under subsection (1) shall be provided to the applicant or the licensee by any of the following methods:

(a) by ordinary mail to the applicant’s or licensee’s last address known to the Minister;

(b) by fax to the applicant’s or licensee’s last fax number known to the Minister; or

(c) by e-mail to the applicant’s or licensee’s last e-mail address known to the Minister.

32(4)The Minister may post a notice under this section in a clearly visible and prominent place on the premises where the facility is operated.

2022, c.30, s.1

Review of decisions

Persons entitled to review

33(1)A person may request that the Minister review a decision to revoke a licence under any of the following provisions:

(a) paragraph 30(2)(b), in the case of a revocation for failing to comply with subsection 49(2) of New Brunswick Regulation 2018-11 under this Act;

(b) subparagraph 30(2)(c)(i) or (ii); and

(c) paragraph 30(2)(d).

33(2)A licensee may request that the Minister review the following decisions:

(a) a decision to issue a probationary licence under section 29;

(b) a decision to refuse to reinstate a suspended licence under subsection 29(5) or (7);

(c) a decision to suspend a grant under subsection 28.3(1); and

(d) a decision to revoke a designation under subsection 28.3(3).

2021, c.1, s.20; 2022, c.30, s.1

Request for review

34A request for a review under section 33 shall be submitted to the Minister in writing and shall be made within 10 days after the person is provided with notice of the Minister’s decision.

Decision stayed

35A request for a review under paragraph 33(2)(a) or (b) stays the decision under review.

2021, c.1, s.21

Review of decision

36(1)On request, the Minister shall review a decision of the Minister and, on completion of the review, may do any of the following:

(a) confirm the decision;

(b) vary the decision; or

(c) rescind the decision.

36(2)Before the Minister completes the review of a decision, the person who requested the review is entitled to make oral or written representations to the Minister.

36(3)The Minister shall complete the review of a decision within 15 days after the request for the review is received by the Minister.

Unlicensed early learning and childcare facilities

Investigation of unlicensed facility

37(1)Subject to subsection (2), if an inspector has reasonable and probable grounds to believe that a person is operating a facility without a licence in circumstances in which a licence is required, the inspector may

(a) at any reasonable hour enter the premises from which the facility is operating for the purpose of conducting an investigation, and

(b) examine any record or document relevant to the investigation.

37(2)An inspector may enter premises for the purposes of subsection (1) in one of the following circumstances:

(a) the inspector is acting in an emergency situation;

(b) the inspector is entering with the consent of a person who appears to be an adult and in charge of the premises; or

(c) the inspector has obtained an entry warrant under the Entry Warrants Act.

37(3)Before or after attempting to enter premises under subsection (1), an inspector may apply for an entry warrant under the Entry Warrants Act.

37(4)An inspector acting under this section may request the assistance of a peace officer.

37(5)Subsections 22(4) to (6) and sections 24 and 25 apply with the necessary modifications to an investigation under this section.

Obstruction

38(1)No person shall obstruct or interfere with an inspector who is carrying out or attempting to carry out an investigation under section 37.

38(2)A person is not interfering with or obstructing an inspector if the person refuses to consent to the inspector entering the premises unless an entry warrant has been obtained or the inspector is acting in an emergency situation.

Order to cease operations

39(1)After an investigation has been conducted under section 37, if the Minister is satisfied that a person is operating a facility without a licence in circumstances in which a licence is required, the Minister may order the person in writing to cease operating the facility.

39(2)The Minister shall serve an order under subsection (1) by personal service on the person to whom it is directed.

39(3)If the person to whom an order is directed under subsection (1) fails to comply with the order, the Minister may apply to The Court of King’s Bench of New Brunswick for an order directing that person to cease operating the facility.

39(4)The Rules of Court apply to an application under subsection (3).

39(5)On application under subsection (3), if the court is satisfied that a person is operating a facility without a licence in circumstances in which a licence is required, the court may make an order directing the person to cease operating the facility.

2023, c.17, s.61

Interim permit

40(1)Despite any other provision of this Act or the regulations, the Minister may issue an interim permit to the operator of an unlicensed facility that fulfils the following conditions:

(a) the operator has applied to the Minister for a licence;

(b) the operator, the facility’s premises or the services provided at the facility do not comply with all the requirements of this Act and the regulations;

(c) the operator, the facility’s premises and the services provided at the facility meet the requirements prescribed by regulation for receipt of an interim permit; and

(d) the Minister is satisfied that the operator, the facility’s premises and the services provided at the facility will comply with the requirements of this Act and the regulations within 6 months after the permit is issued.

40(2)On issuing an interim permit, the Minister may impose on the permit any term or condition prescribed by regulation.

40(3)The term of an interim permit shall be no more than 6 months and it may not be renewed.

40(4)At any time during the term of an interim permit, if the Minister is satisfied that the operator complies with this Act and the regulations, the Minister may issue a licence to the operator under section 6.

40(5)If a licence is not issued in accordance with subsection (4), an interim permit expires at the end of the term of the permit.

40(6)The following provisions of the Act apply with the necessary modifications to an interim permit or the holder of an interim permit, as the case may be:

(a) subsection 6(4); and

(b) sections 8, 21, 22, 23, 24, 26 and 28.

2013, c.41, s.9

2.1

CHILDCARE GRANTS

2022, c.30, s.1

Non-application of Part

2022, c.30, s.1

40.01 This Part does not apply to programs.

2022, c.30, s.1

Provision of grants

2022, c.30, s.1

40.011(1)The Minister may, on application or on the Minister’s own initiative, provide grants to an operator of a licensed facility for the purpose of aiding and encouraging

(a) the establishment, operation and maintenance of the facility,

(b) improvement of the quality of services at the facility,

(c) the availability of services at the facility, or

(d) the development and implementation of initiatives and services that promote the purposes of this Act.

40.011(2)The Minister may impose any terms and conditions that the Minister considers appropriate on the grant.

40.011(3)The type and amount of a grant may vary depending on the class of a facility and whether it is or is not a designated facility.

40.011(4)The Minister may, in the circumstances that the Minister considers appropriate, provide a grant on a temporary or one-time basis.

40.011(5)The Minister may only provide a grant to an operator who operates or maintains its licensed facility in compliance with this Act, the regulations and its licence.

2022, c.30, s.1

Application for grant

2022, c.30, s.1

40.02(1)An operator may apply to the Minister on a form provided by the Minister for a grant.

40.02(2)An application shall be accompanied by the documents that the Minister requires.

40.02(3)The Minister shall provide written notice to the operator of the Minister’s decision with respect to a grant and, if the Minister decides to provide the grant, the amount of the grant, the period during which it will be paid and any term or condition imposed on the grant.

40.02(4)The Minister is not required to give reasons for refusing to provide a grant.

2022, c.30, s.1

Financial and other records

2022, c.30, s.1

40.021(1)An operator who receives a grant shall maintain the financial and other records that are prescribed by regulation.

40.021(2)The Minister may require the operator to produce for examination any record that is required to be maintained under this section.

40.021(3)After examining the financial records under subsection (2), the Minister may require the operator to submit audited financial statements to the Minister within the time specified by the Minister.

2022, c.30, s.1

Discontinue, suspend, vary, cancel or terminate grant

2022, c.30, s.1

40.03(1)The Minister may, on written notice to the operator, discontinue, suspend, vary, cancel or terminate a grant if the Minister is satisfied that the operator

(a) ceases to be eligible for the grant,

(b) has knowingly made a false statement in the application for the grant or the accompanying documents or in any other record or document required to be filed or maintained under this Act or the regulations, or

(c) has violated or failed to comply with a term or condition of the grant or a requirement or provision of this Act or the regulations.

40.03(2)This section and sections 40.06 to 40.08 do not apply to a decision to suspend a grant under subsection 28.3(1).

2022, c.30, s.1

Collection, use and disclosure of personal information - grants

2022, c.30, s.1

40.04(1)The Minister may collect and use the personal information of staff members of a licensed facility for the purpose of determining whether to provide a grant.

40.04(2)The Minister may collect the personal information referred to in subsection (1) indirectly from an operator in a form referred to in subsection 40.02(1) or in a record produced for examination under subsection 40.21(2).

40.04(3)The Minister may disclose the personal information referred to in subsection (1) to an operator for the purpose of providing a grant.

2022, c.30, s.1

Repayment of grant

2022, c.30, s.1

40.05(1) If an operator has received a grant or a portion of a grant for which the operator ceases to be eligible, the Minister may require the operator to repay all or a portion of the grant.

40.05(2)Sections 52 and 53 apply with the necessary modifications to the repayment of all or a portion of a grant.

2022, c.30, s.1

Operator entitled to review

2022, c.30, s.1

40.06An operator may request that the Minister review a decision made under subsection 40.02(3) or 40.03(1).

2022, c.30, s.1

Request for review

2022, c.30, s.1

40.07A request for a review under section 40.06 shall be submitted to the Minister in writing and shall be made within 10 days after the operator is provided with notice of the Minister’s decision.

2022, c.30, s.1

Review of decision

2022, c.30, s.1

40.08(1)On request, the Minister shall review a decision made under subsection 40.02(3) or 40.03(1) and, on completion of the review, may do any of the following:

(a) confirm the decision;

(b) vary the decision; or

(c) rescind the decision.

40.08(2)The Minister shall, within 30 days after the Minister receives the request for review, provide written notice to the operator of the Minister’s decision to confirm, vary or rescind the decision.

2022, c.30, s.1

Notice

2022, c.30, s.1

40.09A notice under subsections 40.02(3), 40.03(1) and 40.08(2) shall be provided to the operator by any of the following methods:

(a) by ordinary mail to the operator’s last address known to the Minister;

(b) by fax to the operator’s last fax number known to the Minister; or

(c) by e-mail to the operator’s last e-mail address known to the Minister.

2022, c.30, s.1

3

CHILDCARE GRANTS

Repealed: 2012, c.13, s.2

2012, c.13, s.2

Non-application of Part

Repealed: 2012, c.13, s.2

2012, c.13, s.2; 2012, c.22, s.8

40.1Repealed: 2012, c.13, s.2

2012, c.13, s.2; 2012, c.22, s.8

Provision of grants

Repealed: 2012, c.13, s.2

2012, c.13, s.2

41Repealed: 2012, c.13, s.2

2012, c.13, s.2; 2012, c.22, s.9

Application for grant

Repealed: 2012, c.13, s.2

2012, c.13, s.2

42Repealed: 2012, c.13, s.2

2012, c.13, s.2

Financial and other records

Repealed: 2012, c.13, s.2

2012, c.13, s.2

43Repealed: 2012, c.13, s.2

2012, c.13, s.2

Collection, use and disclosure of personal information – grants

Repealed: 2012, c.13, s.2

2012, c.13, s.2; 2021, c.1, s.22

43.1Repealed: 2012, c.13, s.2

2012, c.13, s.2; 2021, c.1, s.22

Repayment of grant

Repealed: 2012, c.13, s.2

2012, c.13, s.2

44Repealed: 2012, c.13, s.2

2012, c.13, s.2

4

CHILDCARE SUBSIDIES

Definitions

45The following definitions apply in this Part.

“assistance” means financial assistance provided to a parent in accordance with section 46.(assistance)

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

2022, c.30, s.1

Provision of assistance

46(1)The Minister may provide financial assistance to an eligible parent for services provided at a licensed facility, a facility that is subject to an interim permit or a designated facility.

46(2)The Minister shall provide assistance in accordance with the regulations.

46(3)A parent’s eligibility to receive assistance shall be determined in accordance with the regulations.

46(4)Despite subsection (1), the Minister may provide assistance to an eligible parent for services provided by an individual who operates a facility described in subsection 4(2) if the parent is unable to access a suitable space for their child in a licensed facility or a facility that is subject to an interim permit.

2013, c.41, s.10; 2021, c.1, s.23; 2022, c.30, s.1

Application for assistance

47(1)An application for assistance shall be made on a form provided by the Minister and shall be accompanied by the documents prescribed by regulation.

47(2)Subject to section 48.1, the Minister may collect and use the personal information of an individual, except for the individual’s Medicare number, for the purpose of establishing a parent’s eligibility for assistance.

47(3)In a form referred to in subsection (1), the Minister may collect personal information either directly from the individual to whom the information relates or indirectly from another person.

47(4)The Minister may disclose the personal information collected under subsection (2) to an operator of a licensed facility, to an operator of a facility that is subject to an interim permit, or to a person who operates a facility described in subsection 4(2), for the purpose of providing assistance to a parent.

2021, c.1, s.24

Deemed compliance

48A parent who applies for or, directly or indirectly, receives assistance is deemed to have agreed to comply with the requirements, terms and conditions that are imposed respecting the receipt of that assistance under this Act and the regulations, in so far as they apply to that parent.

Collection, use and disclosure of social insurance number to determine eligibility for assistance

2017, c.64, s.2

48.1(1)For the purposes of this Part, the Minister may enter into agreements with the Canada Revenue Agency to collect, use or disclose tax information, including personal information, to establish eligibility for assistance under section 46.

48.1(2)The Minister may seek the consent of a parent applying for assistance under section 47 and, if applicable, of the parent’s spouse or the person with whom the parent cohabits as a spouse, to collect, use and disclose their social insurance numbers, if the collection, use and disclosure is required to collect tax information from the Canada Revenue Agency about the parent’s income and the spouse’s or other person’s income for the purposes of establishing the parent’s eligibility for assistance under section 46.

48.1(3)The Minister may disclose the social insurance number of a parent, spouse or other person referred to in subsection (2), who has provided consent, to the Canada Revenue Agency in order to collect tax information about the parent’s income and the spouse’s or other person’s income for the purposes of establishing the parent’s eligibility for assistance under section 46.

48.1(4)The Minister may disclose a social insurance number to the Canada Revenue Agency electronically under the authority of this section.

48.1(5)If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.

2017, c.64, s.2; 2019, c.18, s.9; 2021, c.1, s.25

Payment to facility

49(1)When the Minister provides assistance to a parent, the Minister may make payments directly to the operator of a facility on behalf of the parent.

49(2)An operator that is paid assistance under subsection (1) shall maintain the records and documents that are prescribed by regulation.

49(3) Immediately on demand by the Minister, an operator referred to in subsection (2) shall submit to the Minister any record or other documents that the Minister requires.

Minister’s discretion respecting assistance

50The Minister, in the Minister’s discretion, may

(a) refuse to grant an application for assistance by a parent if the parent is not eligible for assistance or does not meet a requirement, term or condition applicable to the giving of assistance to that parent under this Act or the regulations;

(b) provide assistance at the times, in the manner, to the extent and of a nature considered by the Minister to be appropriate for each parent;

(c) if in the opinion of the Minister it is appropriate to do so in the circumstances, discontinue, suspend or vary any or all assistance to a parent if

(i) in the opinion of the Minister, the parent or their child has not met or does not meet all of the requirements, terms and conditions applicable to the giving of assistance under this Act and the regulations or ceases to be eligible to receive assistance or a particular amount of assistance, or

(ii) the parent is convicted of an offence under this Act or the regulations; and

(d) reinstate assistance that has been suspended under paragraph (c), in whole or in part, if in the opinion of the Minister it is appropriate to do so in the circumstances.

2021, c.1, s.26

General duty to notify

2022, c.30, s.1

50.1(1)If the Minister refuses to grant an application for assistance by a parent or discontinues, suspends or varies any or all assistance to a parent under section 50, the Minister shall provide written notice of the Minister’s decision to the parent.

50.1(2)A notice under subsection (1) shall indicate the following information:

(a) the Minister’s decision; and

(b) the right of the parent to have the decision reviewed by the Minister.

50.1(3)A notice under subsection (1) shall be provided to the parent

(a) by ordinary mail to the parent’s last address known to the Minister, or

(b) by e-mail to the parent’s last e-mail address known to the Minister.

50.1(4)A notice sent by ordinary mail shall be deemed to have been received by the parent five days after it has been mailed.

2022, c.30, s.1

Repayment of assistance

51(1)The Minister is entitled to repayment from a parent of all or a portion of assistance to which the parent is not entitled.

51(2)The Minister is entitled to repayment from an operator of all or a portion of assistance that the Minister has paid to the operator under section 49 in the following circumstances:

(a) the parent on whose behalf the assistance was paid is not entitled to the assistance; or

(b) the operator is not entitled to receive payment of the assistance.

Recovery of repayment

52(1)If the Minister is entitled to repayment from a person under section 51, all or a portion of the value of the assistance may be recovered by the Minister

(a) from the person by deduction from subsequent payments to or for the benefit of that person under this Act, or

(b) from the person or, if the person has died, from the person’s personal representative,

(i) as a debt due to the Crown in right of the Province, in the manner set out in section 53, or

(ii) in the manner set out in a restitution agreement entered into between the person or personal representative and the Minister under subsection (3).

52(2)For the purposes of paragraph (1)(b), the Minister, as creditor, may obtain letters of administration of the estate of the person and may file a claim against the estate of the person in probate court.

52(3)If the Minister is entitled to repayment from a person under section 51, the Minister may enter into a restitution agreement with that person for the recovery of all or a portion of the value of the assistance.

2023, c.17, s.61

Certificate of indebtedness

53(1)If default has been made in payment of an amount to be recovered under section 52, the Minister may issue a certificate to that effect, stating the amount due and payable including interest, if any, and the name of the person from whom the amount is due and payable and that amount shall constitute a debt due to the Crown in right of the Province.

53(2)A certificate issued under subsection (1) may be filed in The Court of King’s Bench of New Brunswick and when filed, becomes a judgment of the court and may be enforced as a judgment obtained in the court by the Crown in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.

53(3)All reasonable costs and charges respecting the filing, entering and recording of a certificate under subsection (2) shall be recovered in the same manner as if the amount had been included in the certificate.

2012, c.22, s.10; 2023, c.17, s.61

Parent entitled to review

2022, c.30, s.1

53.1A parent who has applied for assistance or who receives or received assistance may request that the Minister review a decision made under section 50.

2022, c.30, s.1

Request for review

2022, c.30, s.1

53.2A request for a review under section 53.1 shall be submitted to the Minister in writing and shall be made within 10 days after the parent is provided with notice of the Minister’s decision.

2022, c.30, s.1

Review of decision

2022, c.30, s.1

53.3(1)On request, the Minister shall review a decision made under section 50 and, on completion of the review, may do any of the following:

(a) confirm the decision;

(b) vary the decision; or

(c) rescind the decision.

53.3(2)The Minister shall, within 15 days after the Minister receives the request for review, provide written notice to the parent of the Minister’s decision to confirm, vary or rescind the decision.

53.3(3)A notice under subsection (2) shall be provided to the parent by ordinary mail to the parent’s last address known to the Minister.

2022, c.30, s.1

Appeal

Repealed: 2012, c.13, s.2

2012, c.13, s.2

54Repealed: 2012, c.13, s.2

2012, c.13, s.2

5

GENERAL

Confidentiality of information

55(1)Despite the Right to Information and Protection of Privacy Act, all information acquired by the Minister or another person in relation to any person or matter under this Act, whether of a documentary nature or otherwise, is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.

55(2)The Minister shall not permit the release of confidential information to any person without the consent of the person from whom the information was obtained and the person to whom the information relates.

55(2.1)Subsections (1) and (2) do not apply to the collection, use or disclosure of personal information in the context of

(a) a common or integrated service, program or activity of a public body under the Right to Information and Protection of Privacy Act,

(a.1) the on-line registry established under section 2.02; and

(b) the agreements entered into under section 47.1 of the Right to Information and Protection of Privacy Act.

55(3)Despite subsection (2), the Minister may permit the release of confidential information without the consent of the person from whom the information was obtained or the person to whom the information relates

(a) to another Minister of the Crown or that Minister’s servant;

(b) Repealed: 2013, c.41, s.11

(c) to protect the health, safety and security of a person; or

(d) if the release is otherwise provided for under this Act.

55(4)Repealed: 2013, c.41, s.11

55(5)A person to whom information is released under paragraph (3)(c), other than a person referred to in paragraph (3)(a), shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.

55(6)Except as otherwise provided in this Act or in accordance with section 35 of the Child and Youth Well-Being Act, an operator, an owner of an agency, a person in charge of an agency, a staff member of a facility and an employee of an agency shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.

2012, c.22, s.11; 2013, c.41, s.11; 2017, c.31, s.67; 2019, c.18, s.9; 2021, c.1, s.27; 2023, c.36, s.5

Exemptions

56(1)On written request by an operator, the Minister may exempt the operator in writing from a requirement of this Act or the regulations if

(a) the Minister is of the opinion that there is an exceptional and extraordinary circumstance that warrants an exemption and that the exemption is in the public interest, or

(b) the exemption is permitted by the regulations.

56(2)In determining whether to grant an exemption under paragraph (1)(b), the Minister shall assess the operator’s request for an exemption against the criteria prescribed by regulation.

Delegation

57(1)The Minister may designate persons to exercise any power, authority or right or carry out any duty or responsibility under this Act.

57(2)Without limiting subsection (1), the Minister may delegate a power, authority, right, duty or responsibility conferred or imposed on the Minister under this Act or the regulations to a person or organization that is prescribed by regulation or to an agency.

57(3)A delegation under subsection (2) shall be in writing and shall set out the following information:

(a) the manner in which the delegate shall exercise the delegated power, authority or right or carry out the delegated duty or responsibility; and

(b) any limitations, terms or conditions on the manner in which the delegate may exercise the delegated power, authority, right or carry out the delegated duty or responsibility.

57(4)A delegation under subsection (2) may authorize the delegate to subdelegate the power, authority, right, duty or responsibility to an employee of the delegate and to impose on the subdelegate the limitations, terms or conditions that the delegate considers appropriate, in addition to those set out in the Minister’s delegation.

57(5)A delegate or subdelegate shall exercise a delegated power, authority or right or carry out a delegated duty or responsibility in accordance with the limitations, terms or conditions imposed in the Minister’s delegation.

57(6)A subdelegate shall exercise a delegated power, authority or right or carry out a delegated duty or responsibility in accordance with the limitations, terms or conditions imposed on the subdelegate by the delegate.

2012, c.22, s.12

Certificate as evidence

58(1)The Minister may issue a signed certificate that contains information respecting any of the following matters:

(a) that a person did or did not hold a licence, a probationary licence or an interim permit;

(b) that a person refused to permit an inspector to conduct an inspection or investigation under this Act or obstructed or interfered with an inspection or investigation;

(b.1) that a person refused to permit the Minister to conduct an investigation under this Act or obstructed or interfered with an investigation;

(c) that an order was issued under this Act and the order was not complied with;

(d) the filing or maintaining, or non-filing or non-maintenance, of a document or a record required to be filed or maintained under this Act or the regulations;

(e) any matter pertaining to anything set out in paragraphs (a) to (d); and

(f) the date the facts on which a proceeding is to be based first came to the knowledge of the Minister.

58(2)Without proof of the appointment, authority or signature of the Minister, a certificate is admissible in evidence in a prosecution or other proceeding under this Act as proof, in the absence of evidence to the contrary, of the facts stated in the certificate.

58(3)When the name of the person referred to in a certificate is that of an accused, the statement, in the absence of evidence to the contrary, is proof that the person named in the certificate is the accused.

2012, c.22, s.13

Report or document as evidence

59A report or other document signed by the Minister or the Minister’s delegate is admissible in evidence in a prosecution or other proceeding under this Act as proof, in the absence of evidence to the contrary, of the facts stated in the report or document without proof of the appointment, authority or signature of the Minister or the delegate.

Offences and penalties

60(1)A person commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence who

(a) knowingly furnishes false information in an application under this Act or in a record or a document required to be filed or maintained under this Act or the regulations,

(b) violates or fails to comply with an order made under this Act or the regulations,

(c) violates or fails to comply with a term or condition of a licence, a probationary licence or an interim permit, or

(d) violates or fails to comply with a provision of the regulations that is prescribed as an offence by regulation.

60(2)A person who violates or fails to comply with subsection 2.2(3), section 3, subsection 4(1), section 16 or subsection 26(1), 38(1) or 55(5) or (6) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

60(3)When an offence under this Act continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

2012, c.22, s.14; 2013, c.41, s.12; 2022, c.30, s.1

Order of court on conviction

61(1)When an operator is convicted of an offence under this Act, on the request of the Minister and in addition to any other penalty, the court may make an order directing the operator to do any of the following:

(a) allow an inspection or investigation;

(b) close a facility; or

(c) operate a facility in accordance with an order of the Minister.

61(2)The court may make an order under this section subject to the terms and conditions set out in the order.

Administration

62The Minister is responsible for the administration of this Act.

Regulations

63(1)The Lieutenant-Governor in Council may make regulations

(a) prescribing associated persons for the purposes of the definition “associated person” in section 1;

(a.01) prescribing information that an operator shall provide to the Minister for the purpose of subsection 2.02(2) and prescribing the time for providing that information;

(a.02) prescribing a date for the purposes of subsection 2.02(3);

(a.03) prescribing persons or classes of persons for the purposes of paragraph 2.02(8)(c);

(a.04) prescribing personal information that the Minister may disclose for the purposes of subsection 2.02(10);

(a.1) establishing eligibility criteria for programs for children with autism spectrum disorder;

(b) establishing different classes of facilities;

(c) establishing different classes of licences;

(c.1) establishing different classes of staff members;

(d) prescribing requirements with respect to the establishment and operation of licensed facilities, including requirements with respect to the following matters:

(i) administrative procedures and processes, including record keeping and the confidentiality of information;

(ii) insurance requirements;

(iii) site requirements;

(iv) play area requirements, including, size, location, equipment and furnishings;

(v) parental involvement;

(vi) health, fire and safety requirements, including emergency and evacuation procedures;

(vii) programming;

(viii) staffing and child-to-staff ratios; and

(ix) child guidance and behaviour management;

(e) imposing different requirements on facilities based on the class of the facilities;

(f) respecting the procedure to be followed when an operator proposes to change a facility’s class or the services provided at the facility;

(f.1) respecting the order of priority for designation for the purposes of subsection 15.1(5);

(f.2) prescribing requirements of designation, including requirements with respect to the following matters:

(i) the curriculum to be used at designated facilities and training requirements of staff members;

(ii) quality improvement plans;

(iii) the market fee threshold of the maximum daily cost of services; and

(iv) the parent fee grid of fees that operators of designated facilities shall charge for services;

(f.3) authorizing the Minister to establish a curriculum for designated facilities and approve the use of a curriculum based on Indigenous culture;

(f.4) authorizing the Minister to establish a market fee threshold of the maximum daily cost of services at designated facilities;

(f.5) authorizing the Minister to establish a parent fee grid of fees that operators of designated facilities shall charge for services;

(g) prescribing the documents that accompany an application under this Act;

(h) respecting terms and conditions that may be imposed by the Minister on a licence, a probationary licence or an interim permit;

(i) prescribing offences for the purpose of paragraph 10(2)(e);

(j) prescribing requirements with respect to the transportation of children by or on the behalf of the operators of licensed facilities, including requirements with respect to vehicle equipment and maintenance, driver training and qualifications and motor vehicle insurance;

(k) prescribing provisions of other Acts for the purpose of paragraph 13(1)(d);

(l) prescribing, for the purposes of subsection 15(2), the period of time that a person is barred from applying for a licence;

(m) Repealed: 2012, c.22, s.15

(n) Repealed: 2022, c.30, s.1

(o) Repealed: 2022, c.30, s.1

(p) Repealed: 2022, c.30, s.1

(q) Repealed: 2022, c.30, s.1

(q.1) prescribing classes of facilities for the purposes of paragraph 18.1(3)(b);

(q.2) prescribing information that shall be included in an inclusion policy for the purposes of paragraph 18.1(3)(b);

(r) respecting qualifications and training requirements of operators, administrators and other staff members;

(s) imposing requirements on the operators of licensed facilities with respect to food preparation and service, nutrition, the immunization of children, lighting, ventilation and other general health standards;

(t) prescribing the maximum number of children to whom services may be provided at a facility based on prescribed criteria, including the class of the facility, the size of the premises and the ages of the children;

(u) respecting the duties and responsibilities of operators, administrators and other staff members;

(v) prescribing the records and documents that shall be maintained by a facility, including financial records and accounts, and the manner and form in which they are to be prepared and maintained;

(w) giving additional powers or duties to inspectors;

(w.1) prescribing other information that may be included in a protection order for the purposes of paragraph 28.1(3)(c);

(x) prescribing Acts for the purposes of paragraph 30(2)(b);

(y) respecting requirements to be met to receive an interim permit;

(z) respecting the provision of grants under section 40.011, including

(i) respecting the manner of applying for a grant,

(ii) prescribing eligibility criteria to receive a grant, including establishing classes of operators who are not eligible to receive grants,

(iii) providing for the manner of determining the amount of a grant,

(iii.1) providing that the type or amount of a grant may be determined by the level of training held by the staff members of a recipient of a grant or by categories of staff members,

(iii.2) establishing different types and amounts of grants for designated facilities, licensed facilities that are not designated facilities and different classes of facilities, and

(iv) Repealed: 2022, c.30, s.1

(v) Repealed: 2022, c.30, s.1

(v.1) Repealed: 2022, c.30, s.1

(vi) prescribing financial and other records that shall be maintained by the recipient of a grant;

(aa) respecting the provision of financial assistance under section 46, including

(i) respecting the manner of applying for financial assistance,

(ii) prescribing eligibility criteria to receive financial assistance, including establishing classes of persons who are not eligible to receive financial assistance,

(iii) providing for the manner of determining the amount of financial assistance,

(iv) establishing different classes and levels of financial assistance, and

(v) Repealed: 2022, c.30, s.1

(vi) Repealed: 2022, c.30, s.1

(vii) prescribing financial and other records that shall be maintained by an operator who is paid financial assistance on behalf of a recipient;

(bb) Repealed: 2022, c.30, s.1

(cc) respecting circumstances in which the Minister may grant an exemption under paragraph 56(1)(b);

(dd) prescribing criteria to be met in order for the Minister to grant an exemption under paragraph 56(1)(b);

(ee) prescribing persons or organizations to whom the Minister may delegate a power, authority, right, duty or responsibility, including persons or organizations that are external to government;

(ff) prescribing provisions of the regulations that the violation of which or the failure to comply with constitute an offence;

(gg) with respect to offences under the regulations, prescribing the categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

(hh) prescribing fees for the purposes of this Act and the regulations;

(ii) prescribing forms and authorizing the Minister to provide forms for the purposes of this Act and the regulations;

(jj) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(kk) prescribing anything required to be prescribed by this Act;

(ll) respecting any other matter that may be necessary for the proper administration of this Act.

63(2)Regulations may vary for or be made in respect of different persons, operators, facilities, licences, grants or financial assistance or different classes or categories of persons, operators, facilities, licences, grants or financial assistance.

63(3)A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.

2012, c.22, s.15; 2013, c.41, s.13; 2017, c.64, s.3; 2021, c.1, s.28; 2022, c.30, s.1

6

MISCELLANEOUS

Transitional Provisions

Transitional

64(1)On the commencement of this section, an approval issued under section 26 of the Family Services Act for a day care center or a community day care home that is in force immediately before the commencement of this section shall be deemed to be a licence issued under this Act and shall continue in force until

(a) the term of the approval expires,

(b) the Minister suspends the approval under section 29, or

(c) the Minister revokes the approval under section 30.

64(2)On the commencement of this section, assistance which the Minister has granted to a person for day care services in accordance with section 18 of New Brunswick Regulation 95-61 under the Family Income Security Act shall be deemed to be assistance provided by the Minister under section 41 of this Act.

64(3)An appeal with respect to assistance referred to in subsection (2) that is before a Family Income Security Appeal Board under the Family Income Security Act on the commencement of this section shall be concluded under the Family Income Security Act as if this Act had not come into force.

Consequential Amendments

Family Income Security Act

65(1)Paragraph 4(2)(a) of New Brunswick Regulation 95-61 under the Family Income Security Act is repealed and the following is substituted:

(a) determine the eligibility of all persons in the unit to which the application relates by considering assets and income, using the budget deficit method, and

65(2)The heading “DAY CARE ASSISTANCE” preceding section 18 of the Regulation is repealed.

65(3)Section 18 of the Regulation is repealed.

65(4)Paragraph 33(2)(c) of the English version of the Regulation is repealed and the following is substituted:

(c) homemaker, housekeeper and similar services, and

Family Services Act

66(1)Section 1 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended in the definition “community social services” or “social services”

(a) by repealing paragraph (j); and

(b) by repealing paragraph (u).

66(2)Section 23 of the Act is amended in the definition “community placement resource” by striking out “, a home in which family day care services are provided, a day care center,”

66(3)Subsection 30(10) of the Act is amended by striking out “any day care center” and substituting “any early learning and childcare facility”.

2012, c.22, s.16

67Paragraph 19(2)(c) of New Brunswick Regulation 81-132 under the Family Services Act is repealed and the following is substituted:

(c) early learning and childcare services for remedial purposes;

Public Health Act

68(1)The heading “Community placement resources” preceding section 25 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is repealed and the following is substituted:

Community placement resources and early learning and childcare facilities

68(2)Subsection 25(2) of the Act is repealed and the following is substituted:

25(2)A person who operates a community placement resource or an early learning and childcare facility shall comply with the lighting, sanitation, ventilation and other general health standards established by the Minister.

68(3)Section 29 of the Act is amended by striking out “the operator of a day care centre who believes, on reasonable and probable grounds, that a pupil in the school or a child in the day care centre” and substituting “the operator of an early learning and childcare facility who believes on reasonable grounds that a pupil in the school or a child in the facility”.

68(3.1)Subsection 42.1(2) of the Act is repealed and the following is substituted:

42.1(2)The operator of an early learning and childcare facility shall require that proof of immunization is provided to him or her for any disease prescribed by regulation for a child attending that facility.

68(4)Paragraph 68(aa) of the Act is amended by striking out “community placement resources” and substituting “community placement resources and early learning and childcare facilities”.

2012, c.22, s.17; 2017, c.42, s.93

69(1)Section 2 of New Brunswick Regulation 2009-136 under the Public Health Act is amended

(a) by repealing the definition “day care center”;

(b) by adding the following definition in alphabetical order:

“early learning and childcare facility” means an early learning and childcare facility that is licensed by the Minister of Education and Early Childhood Development under the Early Childhood Services Act.(établissement de garderie éducative)

69(2)The heading “Report by principal of school or operator of a day care center” preceding section 11 of the Regulation is amended by striking out “a day care center” and substituting “an early learning and childcare facility”.

69(3)Repealed: 2017, c.42, s.93

69(4)Repealed: 2017, c.42, s.93

2012, c.22, s.18; 2017, c.42, s.93

70Subsection 7(3) of New Brunswick Regulation 2009-138 under the Public Health Act is amended by striking out “a day care center or community placement residential facility” and substituting “an early learning and childcare facility licensed by the Minister of Education and Early Childhood Development under the Early Childhood Services Act or a community placement residential facility”.

2012, c.22, s.19

Repeal

New Brunswick Regulation 83-85 under the Family Services Act

71New Brunswick Regulation 83-85 under the Family Services Act is repealed.

New Brunswick Regulation 2005-19 under the Family Services Act

2012, c.22, s.20

71.1New Brunswick Regulation 2005-19 under the Family Services Act is repealed.

2012, c.22, s.20

Commencement

72This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

N.B. This Act, except sections 18 and 54 and Part 3, was proclaimed and came into force on February 1, 2018

N.B. Sections 18 and 54 and Part 3 were repealed by the Statute Repeal Act, 2012, c.13, in force December 31, 2021.

N.B. This Act is consolidated to December 13, 2023.

E-0.5 - Early Childhood Services Act

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