Acts and Regulations

E-0.5 - Early Childhood Services Act

Section 63
Disposition versions

Full text
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
Regulations
63The 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;
(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) prescribing training for the purposes of subsection 18(4) and the time period within which it must be completed;
(o) prescribing requirements for the purposes of subsection 18(7), including training requirements;
(p) prescribing the requirements that alternative curricula or curriculum frameworks must meet in order for the Minister to exempt an operator from the requirements of subsection 18(1);
(q) respecting additional training requirements that may be imposed on the operator, administrator and other staff members of a facility operated by an operator that is exempt from the requirements of subsection 18(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 41, 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,
(iv) prescribing the circumstances under which the Minister may or may not provide, vary or rescind a grant,
(v) providing for terms and conditions that may be attached to a grant,
(v.1) providing that the terms referred to in subparagraph (v) may vary by operator or by class of operator, and
(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,
(v) prescribing the circumstances under which the Minister may or may not provide, vary or rescind financial assistance,
(vi) providing for terms and conditions that may be attached to financial assistance, and
(vii) prescribing financial and other records that shall be maintained by an operator who is paid financial assistance on behalf of a recipient;
(bb) respecting appeals under section 54, including
(i) providing for the establishment, composition and administration of a body to hear appeals,
(ii) providing for the remuneration and compensation of the members of the body established to hear appeals,
(iii) respecting procedures to be followed by, the conduct of hearings by and the rendering of decisions by the body established to hear appeals,
(iv) respecting the grounds for appealing a decision,
(v) respecting the form, manner and procedures with respect to an appeal, and
(vi) prescribing fees with respect to an appeal;
(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.
2012, c.22, s.15; 2013, c.41, s.13; 2017, c.64, s.3; 2021, c.1, s.28
Regulations
63The 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.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;
(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) prescribing training for the purposes of subsection 18(4) and the time period within which it must be completed;
(o) prescribing requirements for the purposes of subsection 18(7), including training requirements;
(p) prescribing the requirements that alternative curricula or curriculum frameworks must meet in order for the Minister to exempt an operator from the requirements of subsection 18(1);
(q) respecting additional training requirements that may be imposed on the operator, administrator and other staff members of a facility operated by an operator that is exempt from the requirements of subsection 18(1);
(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;
(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 41, 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,
(iv) prescribing the circumstances under which the Minister may or may not provide, vary or rescind a grant,
(v) providing for terms and conditions that may be attached to a grant, and
(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,
(v) prescribing the circumstances under which the Minister may or may not provide, vary or rescind financial assistance,
(vi) providing for terms and conditions that may be attached to financial assistance, and
(vii) prescribing financial and other records that shall be maintained by an operator who is paid financial assistance on behalf of a recipient;
(bb) respecting appeals under section 54, including
(i) providing for the establishment, composition and administration of a body to hear appeals,
(ii) providing for the remuneration and compensation of the members of the body established to hear appeals,
(iii) respecting procedures to be followed by, the conduct of hearings by and the rendering of decisions by the body established to hear appeals,
(iv) respecting the grounds for appealing a decision,
(v) respecting the form, manner and procedures with respect to an appeal, and
(vi) prescribing fees with respect to an appeal;
(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.
2012, c.22, s.15; 2013, c.41, s.13; 2017, c.64, s.3
Regulations
63The Lieutenant-Governor in Council may make regulations
(a) prescribing associated persons for the purposes of the definition “associated person” in section 1;
(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;
(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) prescribing training for the purposes of subsection 18(4) and the time period within which it must be completed;
(o) prescribing requirements for the purposes of subsection 18(7), including training requirements;
(p) prescribing the requirements that alternative curricula or curriculum frameworks must meet in order for the Minister to exempt an operator from the requirements of subsection 18(1);
(q) respecting additional training requirements that may be imposed on the operator, administrator and other staff members of a facility operated by an operator that is exempt from the requirements of subsection 18(1);
(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;
(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 41, 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,
(iv) prescribing the circumstances under which the Minister may or may not provide, vary or rescind a grant,
(v) providing for terms and conditions that may be attached to a grant, and
(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,
(v) prescribing the circumstances under which the Minister may or may not provide, vary or rescind financial assistance,
(vi) providing for terms and conditions that may be attached to financial assistance, and
(vii) prescribing financial and other records that shall be maintained by an operator who is paid financial assistance on behalf of a recipient;
(bb) respecting appeals under section 54, including
(i) providing for the establishment, composition and administration of a body to hear appeals,
(ii) providing for the remuneration and compensation of the members of the body established to hear appeals,
(iii) respecting procedures to be followed by, the conduct of hearings by and the rendering of decisions by the body established to hear appeals,
(iv) respecting the grounds for appealing a decision,
(v) respecting the form, manner and procedures with respect to an appeal, and
(vi) prescribing fees with respect to an appeal;
(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.
2012, c.22, s.15; 2013, c.41, s.13
Regulations
63The Lieutenant-Governor in Council may make regulations
(a) prescribing associated persons for the purposes of the definition “associated person” in section 1;
(a.1) establishing eligibility criteria for programs concerning children with autism spectrum disorder;
(b) establishing different classes of facilities;
(c) establishing different classes of licences;
(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;
(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) prescribing training for the purposes of subsection 18(4) and the time period within which it must be completed;
(o) prescribing requirements for the purposes of subsection 18(7), including training requirements;
(p) prescribing the requirements that alternative curricula or curriculum frameworks must meet in order for the Minister to exempt an operator from the requirements of subsection 18(1);
(q) respecting additional training requirements that may be imposed on the operator, administrator and other staff members of a facility operated by an operator that is exempt from the requirements of subsection 18(1);
(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;
(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 41, 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,
(iv) prescribing the circumstances under which the Minister may or may not provide, vary or rescind a grant,
(v) providing for terms and conditions that may be attached to a grant, and
(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,
(v) prescribing the circumstances under which the Minister may or may not provide, vary or rescind financial assistance,
(vi) providing for terms and conditions that may be attached to financial assistance, and
(vii) prescribing financial and other records that shall be maintained by an operator who is paid financial assistance on behalf of a recipient;
(bb) respecting appeals under section 54, including
(i) providing for the establishment, composition and administration of a body to hear appeals,
(ii) providing for the remuneration and compensation of the members of the body established to hear appeals,
(iii) respecting procedures to be followed by, the conduct of hearings by and the rendering of decisions by the body established to hear appeals,
(iv) respecting the grounds for appealing a decision,
(v) respecting the form, manner and procedures with respect to an appeal, and
(vi) prescribing fees with respect to an appeal;
(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 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.
2012, c.22, s.15
Regulations
63The Lieutenant-Governor in Council may make regulations
(a) prescribing associated persons for the purposes of the definition “associated person” in section 1;
(a.1) establishing eligibility criteria for programs concerning children with autism spectrum disorder;
(b) establishing different classes of facilities;
(c) establishing different classes of licences;
(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;
(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) prescribing training for the purposes of subsection 18(4) and the time period within which it must be completed;
(o) prescribing requirements for the purposes of subsection 18(7), including training requirements;
(p) prescribing the requirements that alternative curricula or curriculum frameworks must meet in order for the Minister to exempt an operator from the requirements of subsection 18(1);
(q) respecting additional training requirements that may be imposed on the operator, administrator and other staff members of a facility operated by an operator that is exempt from the requirements of subsection 18(1);
(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;
(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 41, 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,
(iv) prescribing the circumstances under which the Minister may or may not provide, vary or rescind a grant,
(v) providing for terms and conditions that may be attached to a grant, and
(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,
(v) prescribing the circumstances under which the Minister may or may not provide, vary or rescind financial assistance,
(vi) providing for terms and conditions that may be attached to financial assistance, and
(vii) prescribing financial and other records that shall be maintained by an operator who is paid financial assistance on behalf of a recipient;
(bb) respecting appeals under section 54, including
(i) providing for the establishment, composition and administration of a body to hear appeals,
(ii) providing for the remuneration and compensation of the members of the body established to hear appeals,
(iii) respecting procedures to be followed by, the conduct of hearings by and the rendering of decisions by the body established to hear appeals,
(iv) respecting the grounds for appealing a decision,
(v) respecting the form, manner and procedures with respect to an appeal, and
(vi) prescribing fees with respect to an appeal;
(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 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.
2012, c.22, s.15
Regulations
63The Lieutenant-Governor in Council may make regulations
(a) prescribing associated persons for the purposes of the definition “associated person” in section 1;
(b) establishing different classes of facilities;
(c) establishing different classes of licences;
(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;
(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) prescribing requirements to be met by an operator who uses both curriculum frameworks provided by the Minister to provide services at a single facility;
(n) prescribing training for the purposes of subsection 18(4) and the time period within which it must be completed;
(o) prescribing requirements for the purposes of subsection 18(7), including training requirements;
(p) prescribing the requirements that alternative curricula or curriculum frameworks must meet in order for the Minister to exempt an operator from the requirements of subsection 18(1);
(q) respecting additional training requirements that may be imposed on the operator, administrator and other staff members of a facility operated by an operator that is exempt from the requirements of subsection 18(1);
(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;
(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 41, 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,
(iv) prescribing the circumstances under which the Minister may or may not provide, vary or rescind a grant,
(v) providing for terms and conditions that may be attached to a grant, and
(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,
(v) prescribing the circumstances under which the Minister may or may not provide, vary or rescind financial assistance,
(vi) providing for terms and conditions that may be attached to financial assistance, and
(vii) prescribing financial and other records that shall be maintained by an operator who is paid financial assistance on behalf of a recipient;
(bb) respecting appeals under section 54, including
(i) providing for the establishment, composition and administration of a body to hear appeals,
(ii) providing for the remuneration and compensation of the members of the body established to hear appeals,
(iii) respecting procedures to be followed by, the conduct of hearings by and the rendering of decisions by the body established to hear appeals,
(iv) respecting the grounds for appealing a decision,
(v) respecting the form, manner and procedures with respect to an appeal, and
(vi) prescribing fees with respect to an appeal;
(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 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.