Acts and Regulations

E-0.5 - Early Childhood Services Act

Full text
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