Consultation Document 2020-Proposed Regulatory Amendments CCEYA

Consultation Document Regarding
Proposed Regulatory Amendments under the

Child Care and Early Years Act, 2014
Posting Date: October 2, 2020

Submissions Required by: November 20, 2020
Early Years and Child Care Division

Ministry of Education
315 Front Street West, 11th Floor
Toronto, ON M7A 0B8
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Purpose
The Ministry of Education (“the ministry”) is seeking feedback on proposed regulatory
amendments under the Child Care and Early Years Act, 2014 (CCEYA).
Also included in this document are discussion questions regarding additional, potential
policy approaches related to child care; the discussion questions begin on page 34 of this
document.
More information about how to respond is provided at the end of the document.
Responses must be received by the ministry no later than November 20, 2020.
Background
On August 31, 2015, the CCEYA came into force, replacing the nearly 70 year old
predecessor legislation, the Day Nurseries Act.
Since its coming into force, the ministry has taken a phased approach to introducing
regulatory changes to the two regulations under the CCEYA, most recently in summer
2020 in response to the novel coronavirus 2019 pandemic. The two regulations under
the CCEYA are:
• Ontario Regulation 137/15: General (O. Reg. 137/15)

• Ontario Regulation 138/15: Funding, Cost Sharing and Financial Assistance
(O. Reg. 138/15)
Under the CCEYA, the Minister is required to conduct a review of the Act within five
years of it coming into force (see section 80 of the Act). On July 7, 2020, the Minister of
Education announced the start of the review of the CCEYA and launched two online
surveys on the government’s website. Sector partners were also invited to submit
reports to the ministry with their ideas for how to improve the child care and early years
system.
The five year review has provided an opportunity to identify a suite of proposed
regulatory amendments. The results of surveys and submissions – which are
summarized in the Strengthening early years and child care in Ontario, 2020 report –
helped to inform the proposed regulatory amendments to the CCEYA described in this
document. The proposals address the following:
A. Flexibility and responsiveness

B. Qualification requirements
C. Administrative/regulatory burden
D. Health and safety
E. Regulations requiring clarification of intent
F. Technical matters
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Proposed Regulatory Amendments
A. Flexibility and Responsiveness

To support licensees and child care providers in being able to meet the child care needs
of their local communities and to help increase the number of child care
programs/spaces available to Ontario’s families, the following changes to O.Reg.
137/15 are being proposed:
A1. Schedule 2 – Requirements for Age Groupings, Ratios, Maximum

Group Size, and Proportion of Qualified Staff
To address the varied needs of families and communities in Ontario and support
successful business models, the ministry is proposing to add Schedule 2 to O.Reg.
137/15. This would be an optional approach where child care centre licensees could
apply to the ministry to operate a program in accordance with the age groupings, ratios,
maximum group sizes and proportion of qualified staff set out under Schedule 1
(currently in place) or under the proposed Schedule 2. Should it be approved, this
proposal would have no impact on the family age groups set out in Schedule 4 in
O.Reg. 137/15.
Current Requirements (O.Reg. 137/15):
SCHEDULE 1
Maximum
Name of Age Ratio of Staff Proportion of
Age Range Number of
Category to Children Qualified Staff
Children
Infant 0-18 months 3 to10 10 1/3
Toddler 18-30 months 1 to 5 15 1/3
Preschool 30 months- 1 to 8 16 2/4

6 years
Kindergarten 44-68 months 1 to 13 26 1/2
Primary /Junior 68 months- 1 to 15 30 1/2

School Age 13 years
Junior School age 9-13 years 1 to 20 20 1/1
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Proposed Change: Add Schedule 2 to O. Reg. 137/15, which would set out the following:
PROPOSED SCHEDULE 2
Name of Age Age Range Ratio of Staff to Maximum Proportion
Category Children Number of of Qualified
Children Staff
Infant/toddler 0-24 months 1-3 (0-12 months) 12 2/3
1 to 4 (12-24 months)
Preschool 24 months-5 years 1 to 8 24 2/3
Kindergarten 44 months-7 years 1 to 13 26 1/2
Primary/Junior 68 months-13 years 1 to 20 20 1/2
School Age
Junior School age 9 years-13 years 1 to 20 20 1/1
Should the proposal to add Schedule 2 into O.Reg. 137/15 be approved, consequential
amendments would be made to provisions in O.Reg. 137/15 to reflect the addition of
Schedule 2. For example, consequential amendments would be needed to section 8 of
the regulation (Ratios and maximum group sizes, child care centre) as well as to
provisions related to: mixed-age groupings, reduced ratios, and dedicated areas/spaces
(play, sleep, spaces suitable for dressing or changing diapers, etc.).
Timeline: These proposed changes would come into effect on a date to be determined.
It is anticipated that the effective date would be no earlier than January 1, 2021, with
most having an anticipated effective date of July 1, 2021 if approved.
A2: Two Provider Home Child Care Model
The CCEYA provides that “home child care” (as defined in that Act) may be provided by
a single child care provider caring for no more than six children (no more than three
may be under two years of age).
The CCEYA also sets out that home child care may be provided by two providers if the
regulations so provide. No such regulations are currently in place.
The CCEYA also stipulates that the total number of children who could be cared for
under a two provider model overseen by a licensed home child care agency may not be
more than twice the number of children a single home child care provider can care for
or, if a lesser number is prescribed in regulation, no more than the prescribed number of
children. Please refer to sub-subparagraph 6(3)1i B of the Act to view the statutory
provisions related to two provider home child care.
To increase capacity of the licensed home child care sector and provide more high-quality
licensed options for families, the ministry is proposing to amend O.Reg. 137/15 to allow for
the provision of a two provider home child care model. This would be done by prescribing
the maximum number of children who could be cared for in a two provider home child care
model and would address some of the unique considerations related to the model.
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Current Requirement Proposed Change
(O.Reg. 137/15)
NIL Add new regulations to O.Reg. 137/15 that would set out that:
• two providers may offer home child care for not more than
10 children and the group cannot include more than 5 children
who are younger than 2 years of age.
• home child care agencies are to develop policies and procedures
with respect to specialized training for providers in a two
provider model; the type, frequency, and modality of the training
would be up to the home child care agency.
• home child care agencies are to have policies and procedures in
place regarding how to address situations where one of the
providers working in a two provider home child care model is
not able to work (e.g. she/he is sick). This policy would need to be
reflected in the agency’s agreement with the providers.
It is notable that the CCEYA, including the licensing standards set out in regulations,
does not distinguish between home child care provided by a single provider versus two
providers. As such, all legislative provisions in the CCEYA and existing licensing
standards in O.Reg. 137/15 that apply currently to a single provider providing home
child care would apply to the two provider model (if approved), including:
• the maximum capacity of each home child care premises providing care in a two
provider home model would be determined by the home child care agency (up to the
maximum prescribed in regulation). Home child care agencies would be encouraged
to work with local public health units and CMSMs/DSSABs to determine maximum
capacity for each premises where home child care is provided
• rules in the CCEYA that govern whether a provider’s own children are to be counted
towards the maximum number of children allowed in home child care premises (see
subsection 6(5)) would apply to the two provider child care model (if approved).
These requirements would not be changed and would apply to the two provider
home child care model; this would mean that in a two provider home child care
premises, as is the case with single provider home child care, the providers’ own
children under age 4 years would be counted towards the maximum number of
children allowed.
Given that the two provider model would be a new approach to the delivery of home
child care (pending approval), the ministry would be interested in receiving feedback on
the new approach during the early stages of implementation to support continued
refinement of the approach.
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A3: Authorized Recreational and Skill Build Programs
As set out currently under subsection 6(4) of the CCEYA and section 3.1 of O.Reg.
137/15, “Authorized Recreational and Skill Building Programs” may provide up to three
consecutive hours of care/programming once a day, on weekdays, for children age 4
years and older (or if the program is provided on or after September 1 in a calendar
year, the child will attain the age of 4 years in that year).
To address critical shortages of before- and after-school programs, the ministry is
proposing to allow specified Authorized Recreational and Skill Building Programs to
operate for more than three consecutive hours. The approach would first be launched
with select providers.
Current Requirement (O.Reg. 137/15) Proposed Change

Section 3.1: Subsection 6 (1) of the Act does not Before and After School programs operated by
apply in respect of the provision of child care if the the following, would be exempt from the
child care is provided as part of a program that requirement to restrict the program to three or
meets the criteria set out in paragraphs 1 to 4 of fewer consecutive hours a day:
subsection 6 (4) of the Act and the following criteria: o YMCA
o Boys and Girls Clubs
1. The program operates on weekdays for no more
o Municipal recreation programs
than one period of three or fewer consecutive hours
o First Nation entities (on reserve)
each day. o Ontario Federation of Indigenous
2. The program is, Friendship Centres
i. operated by the local service system
manager, a municipality, a school board, a First
Nation or the Métis Nation of Ontario,
ii. part of Ontario’s After School Program funded
by the Ministry of Tourism, Culture and Sport,
iii. operated by a member of YMCA Canada or by
a member of Boys and Girls Clubs of Canada,
iii.1 operated by a member of a provincial sport
organization or multi-sport organization recognized
by the Ministry of Tourism, Culture and Sport,
where the program’s activities are related to the
sport or sports promoted by the organization,
iii.2 operated by an organization that is
recognized by Parks and Recreation Ontario as
a HIGH FIVE accredited organization,
iii.3 operated by a Friendship Centre that is a
member of the Ontario Federation of Indigenous
Friendship Centres,
iv. operated by an agency or attraction of the
Ministry of Tourism, Culture and Sport,
v. authorized by the local service system
manager to offer child care in their service area
provided that the program can demonstrate to
the local service system manager that it offers
programming that supports the health, safety,
and well-being of children, or
vi. authorized by a First Nation to offer child
care on their territory provided that the program
can demonstrate to the First Nation that it offers
programming that supports the health, safety
and well-being of children.
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After a review of this new approach (if approved), the ministry may consider extending
the exemption to additional program providers.
B. Qualification Requirements
The ministry is proposing to update several employee qualification requirements set out
in O.Reg. 137/15 to support workforce retention and help to address long-standing
staffing challenges experienced by the licensed child care sector.
B1. Qualified Employees
Currently, under subsection 54(2) of O.Reg. 137/15, with respect to a licensed junior
school age group or a licensed primary/junior school age group that includes only
children who are junior school age (as described in Schedule 1 of the regulation), in
addition to persons who are in good standing of the College of Early Childhood
Educators or those otherwise approved by a director (i.e. ministry employee), the
following are considered to be qualified employees:
o An employee who has a diploma or degree in child and youth care;

o An employee who has a diploma or degree in recreation and leisure services;
o A member in good standing with the Ontario College of Teachers.
The ministry is proposing to permit a person with any of the three qualifications listed
above to be considered a qualified employee for the purposes of meeting the
requirement respecting the proportion of employees that must be qualified for all
licensed age groups serving kindergarten age children or older. In addition to supporting
employee recruitment and retention, this proposal would help prioritize the supply of
early childhood educators to the province’s youngest children.
Please note that this proposal would apply to centres operating under the proposed
Schedule 2; see part A1 (Schedule 2 – Requirements for Age Groupings, Ratios,
Maximum Group Size, and Proportion of Qualified Staff).
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Section 54. (1): The following are qualified Make an amendment to section 54(2) to set out
employees for any licensed age group: that with respect to a kindergarten age group,
licensed junior school age group or a licensed
1. An employee who is a member in good
primary/junior school age group, the following are
standing of the College of Early Childhood
also qualified employees:
Educators.
2. An employee who is otherwise approved 1. An employee who has a diploma or
by a director. O. Reg. 126/16, s. 36 (1). degree in child and youth care.
2. An employee who has a diploma or
(2) With respect to a licensed junior school age
degree in recreation and leisure
group or a licensed primary/junior school age
services.
group that includes only children who are junior
3. A member in good standing with the
school age, the following are also qualified
Ontario College of Teachers.
employees:
degree in child and youth care.
degree in recreation and leisure services.
B2. Short-Term Supply Staff

The ministry is proposing to make an amendment to section 54 in O.Reg. 137/15 to
deem non-qualified persons to be “qualified employees” for the purpose of backfilling a
“qualified employee” who is counted toward the required proportion of qualified
employees required in situations where this person is away from work due to illness or
vacation for a period of no longer than two weeks.

Section 54. (1): The following are qualified Make an amendment to section 54 to allow
employees for any licensed age group: persons who do not meet qualification
requirements in section 54(1) or 54(2) to be
1. An employee who is a member in good
deemed as “qualified employee” for the purposes
standing of the College of Early Childhood
of backfilling a qualified employee for a period of
Educators.
up to two weeks.
2. An employee who is otherwise approved
by a director. The proposed regulatory amendment would
prohibit consecutive backfilling by non-qualified
(2) With respect to a licensed junior school age
persons deemed to be qualified for the purposes
group or a licensed primary/junior school age group
of backfilling.
that includes only children who are junior school
age, the following are also qualified employees:
degree in child and youth care.
degree in recreation and leisure services.
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B3. Qualification Requirements for Child Care Centre Supervisors
Currently, under O.Reg. 137/15, a supervisor must be a member in good standing of the
College of Early Childhood Educators, have at least “two years of experience providing
licensed child care”, and be approved by a director or in the opinion of a director (i.e.
ministry employee), be capable of planning and directing the program of a child care
centre, being in charge of children, and overseeing staff.
The ministry is proposing to modify the requirement for supervisors to have two years of
experience providing licensed child care to require that they have two years of
experience in general children’s programming (e.g. child care, recreation, teaching,
child and youth services, etc.). This amendment, if approved, would not change the
current requirement for the supervisor to be “approved by a director” in clause 53(a).

Section 53: A supervisor shall be a person who, Amend clause 53(a) to provide that supervisors
(a) is a member in good standing of the must, in addition to being a member in good
College of Early Childhood Educators, has standing of the College of Early Childhood
at least two years of experience providing Educators and being approved by a director, have
licensed child care and is approved by a two years of experience providing children’s
director; or programming/services.
(b) in the opinion of a director, is capable of
planning and directing the program of a
child care centre, being in charge of
children and overseeing staff.
B4. Resource Teachers
Resource teachers are professionals who are funded under the CCEYA to support the
inclusion of children with special needs (as defined in subsection 1(1) O. Reg. 137/15)
in licensed child care settings, including home child care, camps, and “children’s
recreation programs” pursuant to O.Reg. 138/15 (see section 6(1)(4)), at no additional
cost to parents/guardians.
The ministry is proposing to change the term “resource teacher” to “resource consultant”
in O.Reg. 137/15 to more accurately reflect the role these professionals play in
supporting inclusion. The term “resource teacher” is a relic from the previous child care
legislation and no longer reflects the primary modality of service these professionals
provide.
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The ministry is also proposing to make an amendment that removes the “director
approval” requirement in section 55(1)a so that hiring decisions reside solely with
employers (namely community agencies and service system managers). If this proposal
is approved, this means that the employers of prospective resource teachers/
consultants would be able to determine which post-secondary programs of studies that
are both theoretical and practical and that relate to the needs of children with special
needs would be appropriate to meeting the qualification requirement in clause 55(1)a.

Section 55. (1): A resource teacher shall be a Amend subsection 55(1) to rename “resource
person who, teacher” to “resource consultant”.
(a) is a member in good standing of the
College of Early Childhood Educators and Amend clause 55(1)(a) to remove the requirement
has completed a post-secondary program for the resource consultant to have completed a
of studies approved by a director that is post-secondary program of study approved by the
both theoretical and practical and that director.
relates to the needs of children with
special needs; or
(b) is otherwise approved by a director.
C. Administrative/Regulatory Burden
The ministry is proposing regulatory changes to O. Reg. 137/15 and O. Reg. 138/15
under the CCEYA, with an aim to removing duplicative, onerous, and unnecessary
requirements for licensees and providers.
C1. Time Allowance for First Aid Certification
The ministry is proposing to provide newly-hired staff in child care centres who must be
first aid certified per s. 58(2) of O. Reg 137/15 with a three month time period to obtain
their certification, as long as at least one first aid certified employee is onsite at all
times.
Similarly, if one provider in a two-provider home child care premises (see part A2 (Two
Provider Home Child Care) of this document) meets the first aid certification
requirements set out in the regulation, the other could be provided with up to three
months to obtain his/her certification.
This amendment, if approved, would allow licensees to quickly hire centre staff (where
there are already employees with first aid certification at the program) and rapidly
contract home child care providers for the two-provider model, helping to address
ongoing recruitment challenges experienced by licensees.
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Section 58 (2): Every licensee of a child care Amend the regulation to allow new employees in
centre or home child care agency shall ensure that centres or a provider in a two-provider home child
the following persons have a valid certification in care premises up to three months to meet the
standard first aid, including infant and child CPR, requirements in s. 58(2), as long as someone who
issued by a training agency recognized by the meets the requirements in s. 58(2) is already at the
Workplace Safety and Insurance Board: centre or at the premises operating the two-
1. Every supervisor of a child care centre. provider home child care model.
2. Every employee of a child care centre who
may be counted for the purposes of meeting the
ratios required under section 8 or 8.1.
3. Every provider of home child care or in-home
services.
C2. Requirements Related to Sanitary Practices and Food Storage, etc.

The ministry is proposing to remove the requirement for licensees to have sanitary
policies and procedures and to ensure food and drinks are stored to maintain nutritive
value and prevent contamination as these matters are addressed by public health rules.
Removing these duplicative requirements from O.Reg. 137/15 would not have any
effect on staff or children’s health, safety, and well-being as public health experts in
local public health units already address these matters with licensees pursuant to the
authority granted to them under the provincial Health Protection and Promotion Act.
Additionally, subsection 32(1) in O.Reg. 137/15 already requires centres to follow the
direction of local public health units, making sections 33 and 42(1) redundant. Note that
the ministry is also proposing to amend section 32(1) to add home child care agencies
to the provision; please see part D2 (Medical Officer of Health Directions – Home Child
Care Agencies) of this document for a description of this proposal.
Should this proposal be approved, there would be no changes/impacts to paragraph 4

of subsection 15 (1), which sets out that licensees must ensure that each child care
centre it operates includes space designated for food.

Section 33: Every licensee shall ensure that there Revoke section 33 and revoke clause 42(1) (c).
are policies and procedures with respect to
sanitary practices in each child care centre it
operates and in each premises where it oversees
the provision of home child care
Section 42.(1): Every licensee shall ensure that,

…
(c) all food or drink is stored, prepared and
served so as to retain maximum nutritive value
and prevent contamination.
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C3. Hiring of Resource Teachers by Licensees
The ministry is proposing to remove a provision from O.Reg. 137/15 which permits
licensees to hire resource teachers. This provision is a relic from the previous child care
legislation and is no longer required as most resource teachers in the province are not
employees of licensees and the funding of resource teachers is already addressed
under paragraph 6(1)4 of O.Reg. 138/15. This proposed amendment, if approved and
once in effect, would not preclude licensees from hiring resource teachers directly if
they wish to do so.

Section 10. (1): A licensee of an integrated child Remove subsection 10(1).
care centre or home child care agency may employ
a resource teacher to plan and implement individual
and small group experiences for children with
special needs who receive child care in the child
care centre or at a premises where the licensee
oversees the provision of home child care, and in
respect of whom funds are provided under the Act
C4. Schedule 3 Child Care Centres
Schedule 3 under O.Reg. 137/15 sets out requirements for age groupings, ratios, and
proportion of employees that must be qualified employees for “child centres for children
with special needs”. This schedule is a historic relic from the previous child care
legislation and is no longer operational/functional as child care centres with a Schedule
3 licence no longer exist.
Modern inclusion principles and practices encourage integration of all children in

programs. Centres with a Schedule 1 child care licence (or future Schedule 2 licences –
see part A1 (Schedule 2 – Requirements for Age Groupings, Ratios, Maximum Group
Size, and Proportion of Qualified Staff) of this document) can and do operate
specialized models of child care such as “reverse integration” models where the
majority of children have special needs. The proposed revocation of Schedule 3 would
have no effect on such approaches, if approved.
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A number of consequential amendments would need to be made as there are several
provisions in O.Reg. 137/15 that contemplate different requirements for Schedule 1
child care centres versus Schedule 3 centres.

Schedule 3 requirements for “child care centres Revoke Schedule 3.
for children with special needs”.
Make consequential amendments resulting from the
revocation of Schedule 3.
C5. Digital Records etc.
The ministry is proposing to add a provision to both O.Reg. 137/15 and O.Reg. 138/15
that would clarify, for greater certainty, that every record, policy, individualized plan,
parent handbook, program statement, child registration, copy of agreement, or other
document required in the regulations may be created, provided, and stored in an
exclusively electronic/digital format. The regulation would also provide, for greater
certainty, that such digital documents must be available at all times for inspection.
Licensees could still choose to print and distribute physical, hard copies of required
documents, handbooks, etc. if they wish to do so.
Note that current requirements regarding posting of certain hard copy documents would
continue to exist (e.g. for serious occurrence reports, fire procedures, menus,
allergy/allergen list, etc.).

NIL in O.Reg. 137/15 Add a provision to both regulations under the
CCEYA that provides, for greater certainty, that
NIL in O.Reg. 138/15 required documents may be in exclusively
digital/electronic format and provide that, for
greater certainty, such digital documents must be
available at all times for inspection.
Consequential amendments could be made to

section 15(1), which requires licensees to have a
designated space for the storage of records and
section 72(2) which speaks to the need for
records to be kept physically onsite.
Page 13 of 36
C6. Exempting Certain Persons from Offence Declaration/Attestation
Requirements
The ministry is proposing to amend section 61.1 of O.Reg. 137/15 that would, if
approved and once in effect, exempt active duty first responders (i.e., (i.e., police, fire,
and emergency medical/paramedic professionals), professionals governed by the
Regulated Health Professions Act, 1991 (RHPA), and professionals governed by the
Social Work and Social Service Work Act, 1998 (SWSSWA) from the requirement to
provide an attestation or offence declaration when attending a licensed child care
premises to provide services, e.g. for consultations, the delivery of presentations to
children, etc. These professionals are already subject to oversight by other laws and
employer policies in regard to their suitability to be around vulnerable persons such as
children.

Section 61.1 (1): Every licensee of a child care Amend the regulation to exempt active duty first
centre shall obtain, in respect of any person who responders (i.e. police and fire professionals and
provides child care or other services to a child emergency medical technicians) and
who receives child care at the child care centre, professionals regulated under the RHPA or
other than a person described in subsection 60 SWSSWA from the offence declaration and
(1), attestation requirements in section 61.1.
(a) an offence declaration from the person; or
(b) an attestation from the person’s employer
or from the person or entity who retained the
person’s services that,
(i) the employer, person or entity has
obtained and reviewed a vulnerable
sector check from that person,
(ii) the vulnerable sector check was
performed within the last five years, and
(iii) the vulnerable sector check did not
list any convictions for any offences under
the Criminal Code (Canada) listed in
subparagraph 1 ii of subsection 9 (1) of
the Child Care and Early Years Act, 2014.
(2) A licensee shall obtain the offence
declaration or attestation described in
subsection (1) in respect of a person,
(a) before the person begins interacting
with children at the child care centre; and
(b) every year thereafter, no later than 15
days after the anniversary date of the
most recent offence declaration or
attestation, if the person continues to
provide such child care or other services.
Page 14 of 36
C7. First Aid Certification Requirements for Resource Teachers
The ministry is proposing to remove the requirement for resource teachers to be

certified in first aid. This requirement is a historic relic from the previous child care
legislation and reflects a time when “resource teachers” were employed directly by
licensees. Resource teachers now provide consultative services and, per section 10(2)
under O.Reg. 137/15, cannot be counted towards meeting ratio requirements set out in
the regulation.
For related amendments, see also parts B4 (Resource Teachers) and C3 (Hiring of
Resource Teachers by Licensees) of this document.

Section 55(2): Every licensee shall ensure that Revoke section 55(2).
every resource teacher has a valid certification in
standard first aid, including infant and child CPR,
issued by a training agency recognized by the
Workplace Safety and Insurance Board.
C8. Required Resource Area
The ministry is proposing to remove the requirement for “integrated child care centres”
to have a resource area. This requirement is a historic relic from the previous child care
legislation and presents an unnecessary regulatory and cost burden to licensees. This
requirement stems from, what was at the time, a common practice of taking children out
of regular child care programming at centres to receive treatment/therapy.
The ministry is also proposing to remove the definition of “integrated child care centre”
in section 1(1) and all references and related references to this term.
For related amendments, see part C4 (Schedule 3 Child Care Centres) of this
document.

Section 18: Every licensee of an integrated child Revoke section 18.
care centre that provides child care for children
with special needs shall ensure that each such
child care centre it operates has one room or area
set aside as a resource area for individual and
small group experiences.
Page 15 of 36
C9. Lunches for Children 44 Months and Older
To date, the ministry’s practice has been to place conditions on licensees’ licences, on a
case by case basis, to permit children in child care to bring their own lunches, e.g. those
provided by parents or prepared at home. The ministry is proposing to allow children
age 44 months or older to bring in their own lunches (in centres and home child care
premises) without the need for conditions to be placed on licences.
In addition to allowing for this under O.Reg. 137/15, the ministry is proposing that
licensees would need to describe their approach to lunches brought in by children in
their parent handbook (if they choose to allow this) as well as address lunches brought
from home in their required anaphylactic policy. For example, if a licensee chooses to
permit children to bring lunches from home, the parent handbook would need to provide
this information and also describe what would happen if a child failed to bring a lunch
from home. For licensees choosing to allow lunches to be brought in from home by
children age 44 months and older, their anaphylactic policies would need to set out that
lunches provided by parents must meet the licensee’s restrictions/requirements set out
in the anaphylactic policy.

Section 39: sets out requirements related to Make amendments that would allow licensees to
anaphylactic policies. permit children age 44 months and older to bring
their own lunches.
Section 42(2): Subject to section 44, every
licensee shall ensure that each child one year old Add a requirement for licensees who choose to
or older who receives child care at a child care allow such lunches to address such lunches in the
centre it operates and or at a premises where it centre’s/agency’s required parent handbook and
oversees the provision of home child care is given anaphylactic policy.
food and beverages in accordance with the
following rules:
1. Where the child is present at meal
time, a meal must be supplied and
provided by the licensee or provider,
except where otherwise approved by a
director in the case of a child who is 44
months or older.
2. Between-meal snacks must be
supplied and provided by the licensee or
provider, except where otherwise
approved by a director in the case of a
child who is 44 months or older.
Section 45: sets out requirements related to

parent handbooks.
Page 16 of 36
C10. Providing Certain Reports to Program Advisers
Currently, licensees are required to provide program advisers (ministry employees) with
all reports issued by local public health units and fire departments, including those
resulting from routine inspections. The ministry is proposing to amend O.Reg. 137/15 so
it sets out that the only circumstance when licensees are required to provide documents
issued by public health units and fire departments to program advisers is when the
licensee is given an order and documents relating to the enforcement of the order from
these entities.
The current requirement for licensees to maintain copies of all reports from the public
health unit and fire department would not be affected by this proposal.

Section 32(2): Every licensee shall ensure that, Make an amendment to require only copies of
where a report is made by the local medical officer orders made by the local medical officer of
of health or any person designated by the local health/designate or the local fire department to be
medical officer of health or the local fire provided to program advisers.
department with respect to a child care centre
operated by the licensee or a premises where it
oversees the provision of home child care, one
copy of the report is kept on the premises of the
child care centre or home child care agency and
another copy is sent immediately to a program
adviser.
C11. Emergency Contact Information
There are duplicative requirements in O.Reg. 137/15 related to emergency contact

information for parents or alternate persons:
• Section 70 requires licensees to have updated and readily accessible contact

information for a parent or alternate person (if the parent cannot be reached) in
the event of an emergency.
• Section 72(1)4 requires licensees to ensure up-to-date records are available for
inspection for each child, including the address and telephone number at which a
parent of the child or other person can be reached in case of an emergency
during the hours when the child receives child care.
To eliminate this duplication, the ministry is proposing to remove paragraph 4 of

subsection 72(1).
Page 17 of 36
Section 72.(1): Every licensee shall ensure that up- Revoke paragraph 4 of subsection 72(1).
to-date records that are available for inspection by
an inspector or program adviser at all times are kept
of the following matters in respect of each child
receiving child care at a child care centre operated
by the licensee or receiving child care at a premises
where it oversees the provision of home child care:
…
4. The address and telephone number at which a
parent of the child or other person can be reached
in case of an emergency during the hours when
the child receives child care.
C12. Emergency Telephone Numbers
Section 69 of O.Reg. 137/15 was put in place under the previous child care legislation
and carried over to the CCEYA without amendments; the requirements were set out in a
time period in history which predates vast 911 service coverage, the internet, and the
common use of mobile/cell phones.
For licensees of centres and agencies with 911 service, the ministry is proposing to
remove the requirement for licensees to have an up-to-date and accessible list of the
telephone numbers for “emergency services”, poison control centre phone numbers,
and taxi services.
For licensees of centres and agencies without 911 service, the current requirements in
section 69, other than the requirement to have a phone number for a taxi service (which
are not available in all areas of the province and do not capture mobile phone-based
ride sharing applications), would continue to apply.
The requirement for home child care premises to have the agency’s phone number
would not be impacted by the above proposed changes.

Section 69: Every licensee shall ensure that there is Amend section 69 so the current requirements for
an up-to-date list of telephone numbers in each child emergency telephone numbers would only apply
care centre it operates and in each premises where to licensees whose centres or home child care
the licensee oversees the provision of home child premises are located in areas of the province
care that is accessible in the event of an emergency which do not have 911 service.
and that includes contact information for,
(a) emergency services; Remove the requirement at clause (c) of section
(b) the nearest poison control centre; 69 to have a phone number for a taxi service.
(c) a taxi service; and
(d) the home child care agency, in the case of a
premises where the licensee oversees the
provision of home child care.
Page 18 of 36
C13. Telephone Service
The ministry is proposing to remove the requirement in O.Reg. 137/15 for licensees to
ensure that child care centres and home child care premises be physically equipped
with telephone service (i.e. a landline). This requirement is outdated and unnecessary
given the common use of mobile/cell phones.

Section 67: Every licensee shall ensure that each Revoke section 67.
child care centre it operates and each premises
where it oversees the provision of home child care
is equipped with telephone service or an
alternative means of obtaining emergency
assistance that is approved by a director
C14. Direct Visual Checks of Sleeping Children
The ministry is proposing to specify the age of children who need to have a direct visual
check conducted. The current proposal is to require direct visual checks only for
children under 24 months of age.
The requirement for children to be supervised at all times (see section 11 of O.Reg.
137/15) would not be impacted by this proposal, should it be approved.

Section 33.1(2) (a): Every licensee shall ensure Amend section 33.1(2)(a) to require direct visual
that, if child care is provided for a child who checks be conducted on each sleeping child
regularly sleeps at a child care centre the licensee under age 24 months only.
operates or at a premises where it oversees the
provision of home child care
…
an employee or the home child care provider
periodically performs a direct visual check of each
sleeping child by being physically present beside
the child while the child is sleeping and looking for
indicators of distress or unusual behaviours.
Page 19 of 36
C15. Daily Written Record
The ministry is proposing to clarify requirements regarding when a notification to

parents is required when an “incident affecting the health, safety or well-being” of a child
in a child care centre or home child care premises has occurred.
Currently, section 36(4)(a) and (b) of O.Reg. 137/15 requires licensees to make an accident
report when a child is injured and provide a copy of the report to the child’s parent. An accident
is implied in this provision to be an event/situation that caused a direct injury to a child.
Section 37(2) requires licensees to notify parents when there has been an “incident
affecting the health, safety or well-being” of a child in licensed child care. An incident
could be an accident that directly injured a child and it could also be an event where
there was not a direct injury. For example, an incident could be a natural disaster, loss
of running water, a power outage, etc. that may have or could affect the health, safety,
and well-being of a child. Parents need to be aware of such incidents to look out for
signs of ill-health in their children and to understand whether such incidents may have
had a psychological/emotional impact on children.
The ministry is proposing to clarify in section 37 that an “incident” notification does not
need to be provided to parents when the “incident” that occurred was an “accident”, as
described in section 36(4)(a).
Further clarification regarding what is an “accident” versus an “incident” would be

provided through updates to the ministry’s licensing manuals.

Section 37. (1) Every licensee of a child care Amend section 37(2) to clarify that parents must
centre or home child care agency shall ensure be notified of an incident affecting the health,
that a daily written record is maintained that safety, or well-being of a child only when the
includes a summary of any incident affecting the incident is not otherwise captured by the accident
health, safety or well-being of, reporting requirements under section 36(4)(a).
(a) any child receiving child care at a child
care centre operated by the licensee;
(b) any staff at a child care centre operated
by the licensee;
(c) any child receiving child care at a
premises where the licensee oversees the
provision of home child care; or
(d) any person providing child care at a
premise where the licensee oversees the
provision of home child care.
(2) If an incident described in clause (1) (a) or (c)
occurs, the licensee shall ensure that a parent of
the child is notified.
Page 20 of 36
C16. Administration of Drugs or Medications
The ministry is proposing to remove the requirement for licensees who agree to the
administration of drugs/medication to have only one person responsible for
overseeing/being in charge of the administration of drugs/medication. The expectations
around this requirement and application of this provision can be inconsistent as the “one
person” may not be present at all shifts, may be on vacation, etc.
Additionally, consistent with current policy (as described in the ministry’s licensing
manuals), the ministry is proposing to exempt the following commonly used over-the-
counter products from the application of section 40 in O.Reg. 137/15: sunscreen, lotion,
lip balm, insect repellent, hand sanitizer, as well as diaper cream that is not used for
acute, symptomatic treatment.

Section 40. (1): Where a licensee agrees to the Revoke section 40(1)(c).
administration of drugs or medications, the licensee
shall ensure that,
…
(c) one person in each child care centre operated
by the licensee and in each premises where it
oversees the provision of home child care is
in charge of all drugs and medications and
that all drugs and medications are dealt with
by that person or a person designated by that
person in accordance with the procedures
established under clause (a);
C17. Funding Provisions

The ministry is proposing to remove from O.Reg. 138/15 provisions that are no longer in use
as they were carried over from the previous child care legislation and no longer functional.
Namely, the ministry is proposing to remove provisions related to “capital expenditures”
as these matters are solely addressed through transfer-payment agreements and
ministry business processes/practices.

See sections 21 to 27: capital expenditures Revoke sections 21-27.
Make consequential amendments resulting from
the revocation of sections 21 to 27.
Page 21 of 36
D. Health and Safety
The ministry is proposing a suite of regulatory changes to O. Reg. 137/15 to support the
health, safety, and well-being of children.
D1. Harmful Substances
The ministry is proposing amendments to the regulation to protect children from serious
injury in relation to potentially harmful objects and substances, including objects and
substances may not be obviously “poisonous or hazardous” (e.g. recreational/medical
cannabis, sharp knives, alcohol, and an employee’s/provider’s own medication).

Section 15. (1): Every licensee shall ensure that Amend sections 15(1)(5) and section 31 to
each child care centre it operates includes space contemplate potentially harmful
designated for each of the following: objects/substances, including those which are
5. Storage for medical supplies, cleaning poisonous or hazardous.
materials and equipment and other
poisonous or hazardous substances.
Section 31: Every licensee shall ensure that in

respect of each premises where the licensee
oversees the provision of home child care,
(a) all poisonous and hazardous substances
are inaccessible to children;
D2. Medical Officer of Health Directions – Home Child Care Agencies
In light of the need to rely on the expertise of the province’s public health professionals,
the ministry is proposing to amend O.Reg. 137/15 to set out that home child care
agencies must ensure that any direction of a medical officer of health with respect to any
matter that may affect the health or well-being of a child receiving home child care in a child
care premises be carried out by the home child care provider.
The relationship between medical officers of health and home child care agencies is
currently contemplated in O. Reg. 137/15 as follows:
• Section 25 of the regulation stipulates that every person who applies for a licence
to operate a home child care agency under section 20 of the Act must ensure
that each premises the person oversees in which child care is to be provided
complies with, among other things, clause 13 (1) (b).
o Clause 13 (1) (b) requires compliance with “any rule, regulation, direction
or order of the local board of health and any direction or order of the local
medical officer of health that may affect the provision of child care”.
Page 22 of 36
• Section 57 (2) requires that every licensee of a home child care agency ensure
that, before any child is provided with home child care, each home child care
provider at a premises at which the licensee oversees the provision of home child
care and each person who is ordinarily a resident of the premises or regularly at
the premises has a health assessment and immunization as directed by the local
medical officer of health.
Current Requirement (O. Reg. 137/15) Proposed Change

Section 32. (1): Every licensee shall ensure that Amend section 32(1) to add home child care
any direction of a medical officer of health with agencies to the provision.
respect to any matter that may affect the health or
well-being of a child receiving child care at a child Add a definition of “medical officer of health”.
care centre the licensee operates is carried out by
the staff of the child care centre.
D3. Rabies Inoculation
The ministry is proposing to update O. Reg. 137/15 so that the requirement for
licensees to ensure that certain animals in licensed child care settings are inoculated
against rabies includes ferrets. This would align with similar requirements set out in
Regulation 567 (Rabies Immunization) made under the Health Protection and
Promotion Act.

Section 41: Every licensee shall ensure that Amend section 41 to add ferrets.
every dog and cat that is kept on the premises of
a child care centre it operates or premises where
it oversees the provision of home child care is
inoculated against rabies.
D4. Health Assessments and Immunization
The ministry is proposing to extend immunization and “health assessment”

requirements under O.Reg. 137/15 such that they would apply to students on an
educational placement and volunteers who regularly attend a child care centre or home
child care premises.
Page 23 of 36
Section 57(2): Every licensee of a home child Amend section 57 (2) so it applies to students on
care agency shall ensure that, before any child is an educational placement and volunteers who
provided with home child care, each home child attend the centre/home child care premises on a
care provider at a premises at which the licensee regular basis (e.g. weekly).
oversees the provision of home child care and
each person who is ordinarily a resident of the Consequential amendments would be made to
premises or regularly at the premises has a health section 57(3) and (4).
assessment and immunization as directed by the
local medical officer of health.
D5. Safe Arrival and Dismissal Policies and Procedures
There are currently no requirements under the CCEYA addressing safe arrival and
dismissal of children.
The ministry is proposing to amend O. Reg. 137/15 to require licensees to develop and
implement safe arrival and dismissal policies and procedures. This would help to align
the child care sector with the publicly-funded school sector, which has been subject to
Policy/Program Memorandum No.123 - Safe Arrivals since 1999.
The ministry would support the development of licensees’ policies and procedures
addressing safe arrival and dismissal of children through the creation of sample policies
and procedures and/or templates.

NIL Add new regulations requiring licensees to have
written policies and procedures addressing safe
arrival and dismissal of children.
D6. Attendance Records and Inspection by Medical Officers of Health
The ministry is proposing to amend O. Reg. 137/15 to clarify that the required daily
attendance records for children are to result in a daily attendance list for each age group
in a child care centre and each home child care premises. The ministry is also
proposing to make a regulatory amendment to allow medical officers of health (and
designates) to inspect attendance records required under the regulation. These
proposed amendments are particularly important and relevant in light of the global
public health situation stemming from the novel coronavirus 2019.
Page 24 of 36
Section 72(3): Every licensee shall ensure that a Amend section 72(3) to clarify that daily
record is kept of the daily attendance of each child attendance records for “each child” be used to
receiving child care in each child care centre it generate a daily attendance list for each age
operates and in each premises where it oversees grouping/room and each home child care
the provision of home child care showing the time premises.
of arrival and the time of departure of each child
or if a child is absent. Amend section 72(6)(a) to permit medical officers
of health and their designates to inspect the
Section 72(6): Every licensee shall ensure that, records required under section 72(3).
(a) the medical officer of health or his or

her designate, upon producing proper
identification, is permitted to inspect the
records referred to in paragraphs 2, 3, 8
and 9 of subsection (1); and
(b) copies of those records are provided
to him or her on request.
D7. Application of Licensing Standards to “In-home Services” Child Care
“In-home services” is a type of child care overseen by a licensed home child care agency.
See paragraph 3 of subsection 6 (3) of the Act for the definition of “in-home services”.
Regulatory amendments are needed to O.Reg. 137/15 to apply requirements related to

critical health/safety and administrative/ procedural matters to this type of child care.

(O.Reg. 137/15)
The following provisions currently apply to in- Amend the regulation to contemplate “in-home
home services: services” including:
• Section 39 (1) regarding anaphylactic policy • Serious occurrences – definition and
and the development of an individualized plan procedures
for each child with an anaphylactic allergy • Implementation and review of policies,
• Section 39.1 regarding requirements for procedures, and individualized plans
development of individualized plans for • Supervision by adult at all times
children with medical needs • Balconies, outdoor play, bodies of water,
• Section 48 regarding provisions related to hazards, sleep supervision, first aid kit
prohibited practices • Immunization
• Section 58 regarding first aid certification • Accident reports and daily written record
• Administration of drugs or medications
• Special arrangements
• Policies and procedures regarding
program for children
• Screening measures
• Records, contact information, and
agreements
• Home child care agency register
Page 25 of 36
D8. Allergy Lists in Home Child Care

The ministry is proposing to set out requirements regarding the keeping of lists of
children’s allergies and food restrictions for children in home child care, including what
would be the new two provider model of home child care (see part A2 (Two Provider
Home Child Care) of this document).

NIL Amend O.Reg. 137/15 to require every licensee of a
home child care agency to ensure that each home
child care premises it oversees has a list of children
receiving child care in the home child care premises
who have allergies or food restrictions, and their
respective allergens or restrictions.
D9. Balconies
The ministry is proposing to clarify that children may not be permitted to be on a balcony
unless an adult is also present. Currently, the relevant provision sets out that children
may not play on a balcony unless an adult is present.

Section 29: Every licensee shall ensure that in each Amend section 29 to set out that children cannot
premises where the licensee oversees the provision be on a balcony (i.e. regardless of whether they
of home child care, no child who receives home are playing, eating, reading, etc.) unless an adult
child care at the premises is permitted to play on a is present.
balcony unless an adult is present on the balcony.
D10. Prohibited Practices

Currently, prohibited practice provisions in O. Reg 137/15 only apply to licensees,
employees, volunteers, students, and home child care providers. They do not apply to
some individuals who may be around children in licensed child care settings on a
regular basis (e.g. individuals ordinarily a resident of/or regularly at a home child care
premises, resource teachers/consultants, etc.). The ministry is proposing to extend the
application of the prohibited practice provisions so that employees and child care
providers shall not permit other individuals to commit a prohibited practice.
Page 26 of 36
In addition, section 78 currently provides that administrative penalties may only be
levied against licensees found to have contravened the prohibited practices set out in
subsection 48 (1). The ministry is proposing to amend section 78 in order to capture all
individuals who are subject to prohibited practices.

Section 48. (1): No licensee shall permit, with Amend section 48 to provide that employees
respect to a child receiving child care at a child care and child care providers shall not permit other
centre it operates or at a premises where it individuals to commit a prohibited practice.
oversees the provision of child care,
(a) corporal punishment of the child;
(b) physical restraint of the child, such as
confining the child to a high chair, car seat,
stroller or other device for the purposes of
discipline or in lieu of supervision, unless
the physical restraint is for the purpose of
preventing a child from hurting himself,
herself or someone else, and is used only
as a last resort and only until the risk of
injury is no longer imminent;
(c) locking the exits of the child care centre or
home child care premises for the purpose of
confining the child, or confining the child in
an area or room without adult supervision,
unless such confinement occurs during an
emergency and is required as part of the
licensee’s emergency management policies
and procedures;
(d) use of harsh or degrading measures or
threats or use of derogatory language
directed at or used in the presence of a
child that would humiliate, shame or frighten
the child or undermine his or her self-
respect, dignity or self-worth;
(e) depriving the child of basic needs including
food, drink, shelter, sleep, toilet use,
clothing or bedding; or
(f) inflicting any bodily harm on children
including making children eat or drink
against their will.
(2) No employee or volunteer of the licensee, or
student who is on an educational placement with
the licensee, and no person who provides home
child care or in-home services at a premises
overseen by a home child care agency shall
engage in any of the prohibited practices set out
in subsection (1) with respect to a child receiving
child care.
See section 78, which contains two tables of Amend section 78 so that all persons subject to
accumulating and non-accumulating administrative section 48 could be subject to the application of
penalties that may be levied as an enforcement tool an administrative penalty
to encourage compliance with the Act and its
regulations or to prevent a person from deriving an
economic benefit as a result of a contravention of
the Act or its regulations.
Page 27 of 36
D11. Children’s Records

Subsections 10 (1) and (2) of the CCEYA set out that no person providing child care or
operating a premise at which child care is provided may prevent a parent from entering
the premises or from having access to his/her child except if the person believes on
reasonable grounds that the parent does not have a “legal right of access” to the child.
The ministry is proposing to require licensees to include the name of a parent they
believe on reasonable grounds does not have a “legal right of access” to a child in
required children’s records. This would support compliance with the Act.

NIL Amend section 72(1) to require children’s records
to include the names of parents who are believed
not to have a legal right of access to a child.
D12. Programs Offering Non-Standard Hours of Care

In Ontario, there is a need to have licensed child care programs that operate during
non-standard hours (e.g. programs that operate overnight).
Rather than continuing to address certain requirements related to the provision of
extended hours programs through conditions on a licence, the ministry is proposing to
make regulatory amendments that would address the unique characteristics of
extended hours programs.

(O.Reg. 137/15)
NIL provisions specifically Introduce a definition of “extended hours” to the regulation.
addressing extended hours
Set out standards related to health and safety that require different
policy parameters when care is offered during non-standard hours of
care. Amendments would include revisions to requirements around:
• Licensee responsible
• Ratios, mixed age grouping, reduced ratios
• Play activity space
• Equipment and furnishing
• Sleep policies and supervision
• Meals
• Rest and outdoor time
Consequential amendments resulting from the proposed
amendments described above may also be made.
Page 28 of 36
E. Clarifying Intent of Certain Regulations

E1. Home Child Care Agency Registers
Currently, home child care agencies licensees are required to have an “up-to-date”
register that lists the addresses of each premises where it oversees the provision of
home child care, the names and addresses of the children receiving child care, and the
names of home child care providers.
To foster consistent interpretation of the regulation and ensure agencies have timely
and accurate information regarding where children are being provided child care, the
ministry is proposing that home child care agency registers be updated within 1 day of a
new home child care premises joining or leaving an agency and when children have
been enrolled in or leave a home child care premises. This proposal is particularly
important and relevant in light of the global public health situation stemming from the
novel coronavirus 2019 and is needed to support the implementation of the proposed
two provider home child care model (pending approval, see part A2 (Two Provider
Home Child Care Model)).

Section 74: Every licensee of a home child care Amend section 74 to set out that agencies’
agency shall ensure that an up-to-date register registers must be updated within 1 business day
that lists the addresses of each premises where it of an update being required.
oversees the provision of home child care, the
names and addresses of the children receiving Per part D7 of this document, section 74 would
child care in each premises and the name of the also be amended to address in-home services.
home child care provider in each premises is kept
at the home child care agency.
E2. Compliance with Health and Safety Standards, Building Code, Fire
Code, etc.
Subsection 13 (1) and section 25 of O. Reg. 137/15 require licence applicants to

provide evidence to the ministry that they are compliant with the laws, requirements, by-
laws, etc. specified in the regulation.
Page 29 of 36
The ministry is proposing to amend the regulation in order to require licensees to
comply with those laws, rules, requirements, etc. during the course of their operations
(i.e. not just at the time the application is made.)

Section 13. (1): Every person who applies for a Amend subsection 13 (1) and section 25 to set out
licence to operate a child care centre under that licensees must continue to comply with the
section 20 of the Act shall at the time of laws, rules, by-laws, etc. after the application
application file with a director evidence that the process is completed and a licence has been
premises to be used as a child care centre issued.
complies with,
(a) the laws affecting the health of inhabitants

of the municipality or of the reserve of a First
Nation, as the case may be;
(b) any rule, regulation, direction or order of
the local board of health and any direction or
order of the local medical officer of health that
may affect the provision of child care;
(c) any by-law of the municipality or any by-
law of the council of the First Nation on the
reserve, as the case may be, and any other
law for the protection of persons from fire
hazards;
(d) any building by-law passed by the
municipality pursuant to the Planning Act or
any predecessor of that Act and any by-law of
the council of the First Nation on the reserve
to regulate the construction, repair or use of
buildings;
(e) the requirements of Ontario Regulation
332/12 (Building Code) made under the
Building Code Act, 1992, where applicable;
(f) the requirements of Ontario Regulation
213/07 (Fire Code) made under the Fire
Protection and Prevention Act, 1997, where
applicable; and
(g) the requirements of the Safe Drinking
Water Act, 2002, where applicable.
(2) Every licensee who applies for the renewal or

revision of a licence to operate a child care centre
shall file any evidence that the director may
require that the premises used as a child care
centre complies with the matters listed in
subsection (1).
Section 25: Every person who applies for a

licence to operate a home child care agency
under section 20 of the Act shall ensure that each
premises the person oversees in which child care
is to be provided complies with clauses 13 (1) (a),
(b), (c) and (d).
Page 30 of 36
E3. Break in Employment and Vulnerable Sector Checks
Currently, O.Reg. 137/15 sets out requirements regarding the submission of vulnerable
sector checks (VSCs) when a person’s relationship with a licensee is “terminated” and
then subsequently resumes.
The ministry is proposing to clarify the requirements regarding the submission of VSCs
when a person returns to employment following any type of break in the relationship
between the licensee and person such as when a person returns from
maternity/parental leave or a prolonged medical leave.

Section 63: If a licensee’s relationship with a Amend section 63 to clarify under which
person in respect of whom it has previously circumstances a new VSC is needed upon return
obtained a vulnerable sector check terminates from any type of break in relationship between a
and then subsequently resumes, the licensee licensee and a person.
shall obtain a new vulnerable sector check or
offence declaration as follows:
1. If the relationship was terminated for six or

more months, the licensee shall obtain a new
vulnerable sector check from the person
before the relationship resumes.
2. If the relationship was terminated for less

than six months and, but for the termination,
the person would have provided a vulnerable
sector check or offence declaration during the
period of termination, the licensee shall obtain
from the person such vulnerable sector check
or offence declaration before the relationship
resumes.
E4. Relevant Factors When Determining the Primary Purpose of a

Program
The ministry is proposing to clarify the requirements in O.Reg. 137/15 which set out the
factors that are considered to be relevant when determining whether the primary
purpose of a “recreational, etc.” or “academic” program, as defined in the Act, is such
that it is exempt from licensing requirements.
Page 31 of 36
This proposal seeks to increase understanding and compliance of the requirements
under the CCEYA by codifying in regulation existing ministry licensing policies/practices.

Section 2. (1): The following factors shall be In addition to clarifying in the first statement of this
considered, as may be relevant, when section what the purpose of the section is, amend
ascertaining the primary purpose of a program or subsection 2 (1) as follows:
service described in paragraph 7 or 8 of
subsection 4 (1) of the Act for the purpose of
determining whether the program or service is
provided in exempt circumstances:
1. The schedule of operation for the program Replace paragraphs 1 and 2 of subsection 2 (1)
or service, including the time of the year, with the following rules:
the days of the week, the times of the day
and the number of hours each day that • Any program offered to children ages 4
the program is operated. and up (or turning 4 by September 1 of
the calendar year) that meets any of the
2. The ages of the children in the program or following criteria is not provided in an
service. exempt circumstance described in
paragraph 7 or 8 of subsection 4 (1) of the
Act:
o The program is operated for more
than 2 consecutive hours on a
weekday.
o The program operates on more
than 3 weekdays in a week.
• A program offered to children between the
ages of 3 and 4 years old at the time of
enrollment for no more than one period of
2 consecutive hours which occurs no
more than 2 times a week during
weekdays.
3. Whether the program or service provides Add that any transportation provided or
or organizes transportation for children to organized for children to or from the program
or from the program. must be included as part of the hours during
which the program operates.
4. Whether the type of facility in which the Amend provision to clarify that the “purpose
program or service is held and the described in the paragraph” means the purpose
furnishings and equipment used for the of the program described in paragraph 7 or 8 of
program or service are suitable and subsection 4(1), as the case may be.
intended for the purpose described in the
paragraph.
5. The content of the program or service and Amend provision to clarify that the “purpose
the portion of time dedicated to the described in the paragraph” means the purpose of
purpose described in the paragraph. the program described in paragraph 7 or 8 of
subsection 4(1), as the case may be.
6. Whether the registration and administration Amend to clarify that where a provider offers
for the program or service is coordinated multiple classes or programs, enrollment must be
with the registration and administration for limited for each child to be in compliance with
one or more other programs or services what would be the new paragraphs 1 and 2 of
offered by the same provider. subsection 2 (1), as described above.
Page 32 of 36
F. Technical Matters
F1. Technical Amendments
The ministry is proposing to make several technical amendments to the regulations

under the CCEYA, including:
• Updating references to the federal food guide in O.Reg. 137/15;

• Any consequential amendments necessary to implement the regulatory
proposals set out in this document that are approved;
• Revoking transitional regulations under O.Reg. 137/15 which are no longer
relevant; and
• In the table to section 2 of O.Reg. 138/15, updating the names of the geographic
areas of municipalities and district social services administration boards
(DSSABs) and the names of the municipalities and DSSABs.
Page 33 of 36
Discussion Questions
At this five year anniversary of the coming into force of the CCEYA, looking ahead, the
ministry is seeking input on a number of novel/innovative policy approaches/concepts
that could be considered in the future. The discussion questions set out below do not
constitute a proposal to proceed at this time.
However, the ministry is interested in receiving input from our stakeholders, partners,
parents, and any other persons who may be interested in these concepts/policies.
Discussion Question #1: Forest/Outdoor Programs
The ministry is aware of the emerging interest in forest or outdoor child care programs.
Thinking about this novel approach to child care, please provide input on the following
questions:
• What are the benefits of forest/nature programs?

• What could the licensing scheme for a forest/nature child care program look like?
• How would a specialized licensing scheme for forest/nature child care program
under the CCEYA support licensees/prospective licensees, children, and
parents?
• Compared to centre-based child care, what are the unique health and safety
considerations related to the provision of forest/nature programs?
Discussion Question #2: Registry of Unlicensed Child Care Providers
With regards to programs delivered in the unlicensed (also known as independent) child
care sector, the government is seeking feedback about how to support the delivery of
child care in such settings. For example, the creation of a registry could help the
government to communicate with such child care providers and provide them with
information about pedagogy, health, and safety. A registry could also help parents
locate child care providers in their communities. Specifically, input is being requested in
regard to the following questions:
• What are the considerations around the development of a publicly-accessible

registry of unlicensed child care providers in Ontario?
• Which entity should be responsible for establishing and maintaining the registry?
• What potential eligibility requirements could be set out for a person to be
included on the registry? For instance, should persons on the registry be certified
in first aid?
• What information would be helpful for the public to access on the registry?
• If a registry of unlicensed child care providers is established, what support,
information, resources, etc. could be provided to those on the registry by the
government to support quality, health and safety, etc.?
Page 34 of 36
Discussion Question #3: Overlapping Age Boundaries for Licensed
Age Groups/Categories
Understanding the ongoing need to increase the availability of licensed child care
spaces in Ontario for families and support the viability of child care centres, as well as
meet the dynamic needs of children with a range of developmental abilities, the
government is seeking feedback on an approach to how children in child care centres
are grouped together that differs from the approach that has been operationalized in the
province for decades.
Schedule 1 of O.Reg. 137/15 includes age boundaries (i.e. upper and lower age cut-offs
for a particular age grouping) that overlap across the older specified age groupings but
there is no such overlap for the younger groupings. Visualizing this, Schedule 1 looks
like:
Infant (band*: 18 months) 0-18 mos

Toddler (band: 12 months) 18 – 30 mos
Preschool (band: 42 months) 30 – 72 mos
Kindergarten(band: 40 months) 44 to 84 mos
Primary/Junior School Age (band: 88 months) 68 - 156 mos
Junior School Age (band: 48 months) 108 -156 mos
* “band” refers to the difference between the
youngest and oldest child in an age category
The ministry is seeking input on a potential, future approach to age grouping in child
care centres which would set out overlapping age boundaries for all age groupings. For
instance (as an example and for discussion purposes only), age groupings could be set
out as the following:
Infant (band: 18 months) 0-18 mos

Toddler (band: 24 months) 12 – 36 mos
Preschool* (band: 42 months) 30 – 72 mos
Kindergarten* (band: 40 months) 44 to 84 mos
Primary/Junior School Age* (band: 88 months) 68 - 156 mos
Junior School Age* (band: 48 months) 108 -156 mos
*same as current requirements
• How would such an approach to age groupings impact child care centre
licensees and parents?
• What are the considerations of shifting to this new approach?
• What could an approach to determining the maximum group size and child:adult
ratio look like for each age grouping?
• How would overlapping age boundaries for licensed age grouping support centre
viability?
• What would the benefits of such a model be for children who may be on a
developmental course/trajectory that is different from their peers?
Page 35 of 36
Conclusion
The child care needs of families, the make-up of Ontario’s communities, sector and
government tolerance for regulatory/administrative burden, and our collective
understanding of what is best for children continues to change over time. In this
evolving context, the CCEYA must also continue to evolve. To this end, the ministry is
proposing a set of regulatory amendments described in this document, which would, if
approved, continue to support the ongoing refinement of O.Reg. 137/15 and O.Reg.
138/15.
The ministry values the unique and diverse perspectives of all child care and early years
partners across Ontario. All interested parties are encouraged to provide feedback on
the proposed regulatory amendments described in this document as well as on the
discussion questions presented at the end (starting on page 34).
Please provide the ministry with your comments no later than November 20, 2020.
You may send your response by e-mail to: [email protected]
Alternatively, you may wish to send your response by mail to:
Regulatory Registry Feedback

c/o Early Years and Child Care Division
Ministry of Education
315 Front Street West, 11th Floor
Toronto ON M7A 0B8
Thank you for taking the time to review this document and to provide feedback. Please
note that you will not receive a formal response from the ministry to any feedback
received.
Stakeholders, partners, parents, and the general public are encouraged to continue to
stay engaged with news about child care in Ontario by visiting:
www.ontario.ca/childcare.
Page 36 of 36

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What regulatory amendments are being proposed?

What regulatory amendments are being proposed?

What are the discussion questions being asked?

What are the discussion questions being asked?

Consultation Document Regarding

Proposed Regulatory Amendments under the

Posting Date: October 2, 2020

Early Years and Child Care Division

• Ontario Regulation 137/15: General (O. Reg. 137/15)

A. Flexibility and responsiveness

A. Flexibility and Responsiveness

A1. Schedule 2 – Requirements for Age Groupings, Ratios, Maximum

Current Requirements (O.Reg. 137/15):

Toddler 18-30 months 1 to 5 15 1/3

Preschool 30 months- 1 to 8 16 2/4

Kindergarten 44-68 months 1 to 13 26 1/2

Primary /Junior 68 months- 1 to 15 30 1/2

A2: Two Provider Home Child Care Model

Current Requirement (O.Reg. 137/15) Proposed Change

B1. Qualified Employees

o An employee who has a diploma or degree in child and youth care;

B2. Short-Term Supply Staff

Current Requirement (O.Reg. 137/15) Proposed Change

B3. Qualification Requirements for Child Care Centre Supervisors

Current Requirement (O.Reg. 137/15) Proposed Change

B4. Resource Teachers

Current Requirement (O.Reg. 137/15) Proposed Change

C1. Time Allowance for First Aid Certification

C2. Requirements Related to Sanitary Practices and Food Storage, etc.

Should this proposal be approved, there would be no changes/impacts to paragraph 4

Current Requirement (O.Reg. 137/15) Proposed Change

Section 42.(1): Every licensee shall ensure that,

C3. Hiring of Resource Teachers by Licensees

Current Requirement (O.Reg. 137/15) Proposed Change

C4. Schedule 3 Child Care Centres

Modern inclusion principles and practices encourage integration of all children in

Current Requirement (O.Reg. 137/15) Proposed Change

C5. Digital Records etc.

Current Requirement (O.Reg. 137/15) Proposed Change

Consequential amendments could be made to

Current Requirement (O.Reg. 137/15) Proposed Change

The ministry is proposing to remove the requirement for resource teachers to be

Current Requirement (O.Reg. 137/15) Proposed Change

C8. Required Resource Area

Current Requirement (O.Reg. 137/15) Proposed Change

Current Requirement (O.Reg. 137/15) Proposed Change

Section 45: sets out requirements related to

Current Requirement (O.Reg. 137/15) Proposed Change

C11. Emergency Contact Information

There are duplicative requirements in O.Reg. 137/15 related to emergency contact

• Section 70 requires licensees to have updated and readily accessible contact

To eliminate this duplication, the ministry is proposing to remove paragraph 4 of

C12. Emergency Telephone Numbers

Current Requirement (O.Reg. 137/15) Proposed Change

C13. Telephone Service

Current Requirement (O.Reg. 137/15) Proposed Change

C14. Direct Visual Checks of Sleeping Children

Current Requirement (O.Reg. 137/15) Proposed Change

The ministry is proposing to clarify requirements regarding when a notification to