when do the new rules come in effect
The new rules will come into effect on August 31, 2015.
the rules for private home daycares
- No more than 5 daycare children at any one time
- No more than 2 children under the age of 2 years. (From birth to the day before their 2nd birthday)
- No matter how many adults are in the daycare there can be no more than 5 daycare children.
- Providers own children count until the age of 6 years old.
- If you have 1 child under 2 years old in your care, then your children who qualify for full day kindergarten
- don't count towards your 5 child ratio during the school year.
- They're allowed to be home sick or on PA days or over Christmas break.
- But they WILL count towards your numbers during summer break OR you have 2 under 2 years in
your care.
- The provider MUST disclose in writing that she is NOT LICENSED (affiliated with a licensed agency). The clients MUST sign this form/letter stating that they are aware of this.
general
How many children can a home child care provider care for?
~ A licensed home child care provider can care for a maximum of 6 children under the age of 13.
~ An unlicensed child care provider can care for a maximum of 5 children under the age of 13.
Does a provider have to count their own children?
~Yes. Both licensed home child care providers and unlicensed providers must count their own children under the age of 6.
Are there age restrictions for the children a home child care provider can care for?
~Yes. Both licensed and unlicensed child care providers must:
• Count their own children under the age of 6
• Care for a maximum of only 2 children under the age of 2 (including their
own children).
Can a home child care provider care for more children if another adult is present?
~No. The maximum number of children applies regardless of the number of adults in the home.
If a home child care provider has a child in Full-Day Kindergarten and grade 1, do they count toward the maximum number of children they can care for?
~ If a provider’s own 4 or 5 year old child is attending publicly-funded Full-Day Kindergarten or grade one, they only need to count them during summer vacation. The provider’s own child does not need to be included in their count during the school year (including March break and PA days), as long as:
• Care is only being provided between 6 a.m. and 7 p.m.
• The provider cares for a maximum of one child younger than 2 years old; and
• The provider has not been convicted of an offence under the DNA or CCEYA.
What other new requirements will take effect?
~ An unlicensed provider must inform parents that they are unlicensed in writing (either hard-copy or electronic). A provider must keep proof of their disclosure for two years. The disclosure must say: “This child care program is not licensed by the Government of Ontario.”
~ All providers, both licensed and unlicensed, are required to provide receipts for payment of services upon request.
~ With specific exceptions, all providers, both licensed and unlicensed, are required to allow parental access to the premises and their child.
~ An unlicensed provider cannot operate in more than one location.
~ The Ministry of Education Inspectors can; but are not limited to:
~ A licensed home child care provider can care for a maximum of 6 children under the age of 13.
~ An unlicensed child care provider can care for a maximum of 5 children under the age of 13.
Does a provider have to count their own children?
~Yes. Both licensed home child care providers and unlicensed providers must count their own children under the age of 6.
Are there age restrictions for the children a home child care provider can care for?
~Yes. Both licensed and unlicensed child care providers must:
• Count their own children under the age of 6
• Care for a maximum of only 2 children under the age of 2 (including their
own children).
Can a home child care provider care for more children if another adult is present?
~No. The maximum number of children applies regardless of the number of adults in the home.
If a home child care provider has a child in Full-Day Kindergarten and grade 1, do they count toward the maximum number of children they can care for?
~ If a provider’s own 4 or 5 year old child is attending publicly-funded Full-Day Kindergarten or grade one, they only need to count them during summer vacation. The provider’s own child does not need to be included in their count during the school year (including March break and PA days), as long as:
• Care is only being provided between 6 a.m. and 7 p.m.
• The provider cares for a maximum of one child younger than 2 years old; and
• The provider has not been convicted of an offence under the DNA or CCEYA.
What other new requirements will take effect?
~ An unlicensed provider must inform parents that they are unlicensed in writing (either hard-copy or electronic). A provider must keep proof of their disclosure for two years. The disclosure must say: “This child care program is not licensed by the Government of Ontario.”
~ All providers, both licensed and unlicensed, are required to provide receipts for payment of services upon request.
~ With specific exceptions, all providers, both licensed and unlicensed, are required to allow parental access to the premises and their child.
~ An unlicensed provider cannot operate in more than one location.
~ The Ministry of Education Inspectors can; but are not limited to:
- The clients personal contact information (given above), even after care is no longer being provided.
- To view and copy all contracts, forms and other paperwork regarding all children registered to the daycare. Even after care is no longer being provided.
- They can contact the clients for questioning regarding the provider and home daycare in general. Even after care is no longer being provided.
- They can take photos, video and record audio of anyone in the daycare/home. (This includes the children and the clients)
- They can show up unannounced anytime.
Waiting Lists and the law
It is now illegal for licensed centres and licensed home daycare agencies to charge a "waiting list fee" or "waiting list deposit". This law is now in place because licensed centres and licensed home daycare agencies where charging non-refundable fees for a not guaranteeing/giving a spot to families. Basically they where stealing from families.
This law doesn't include private home daycare's as private home daycare's don't charge a fee to go on there waiting lists.
Please note that these fees are NOT to be mix up with a deposit/enrollment fee for care that is guaranteed.
This law doesn't include private home daycare's as private home daycare's don't charge a fee to go on there waiting lists.
Please note that these fees are NOT to be mix up with a deposit/enrollment fee for care that is guaranteed.
what happens if someone doesn't follow the rules?
Contraventions of the Act and its regulations could lead to administrative penalties, and/or convictions that could include fines. The Ministry of Education will typically take progressive measures, such as compliance orders, as appropriate, before issuing a penalty. Administrative penalties would increase based on the length of the violation, and previous violations.
For instance, if a provider has more than the permitted number of children in care, the penalty would start at $2,000 per child per day. In addition to financial penalties, the ministry will post on their website when a child care provider has been issued a compliance order, administrative penalty, protection order and/or restraining order.
For instance, if a provider has more than the permitted number of children in care, the penalty would start at $2,000 per child per day. In addition to financial penalties, the ministry will post on their website when a child care provider has been issued a compliance order, administrative penalty, protection order and/or restraining order.