Acts and Regulations

E-0.5 - Early Childhood Services Act

Section 29
Disposition versions

Full text
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
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 specified time, 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.