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?

• Currently No
  
• The maximum number of children applies regardless of the number of adults in the home
  

• The Ministry of Education is working on a regulation that would allow two (2) licensed providers to work together with a max of 12 daycare children 
  

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/enrolment 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.