when do the new rules come in effect
These rules are now in effect
the rules for private home daycares
- No more than 5 daycare children at any one time
- No more than 3 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 4 years old.
- 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. The disclosure must say: “This child care program is not licensed by the Government of Ontario.” in this exact wording
- A provider MUST provide receipts. Receipts MUST be provided in a timely manner if requested. If a receipt is not requested it MUST be given/up in the mail no later then Feb 28th.
- Providers MUST allow parents/guardians access to the premises and their child (with specific exceptions).
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 4.
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 4
• Care for a maximum of only 3 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.
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 4.
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 4
• Care for a maximum of only 3 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.
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.