Day Care Operators of Ontario Defence Lawyers

In 2023, the Firm represented a day care centre who received a non-compliance report from the Ministry of Education in Case No. 4*****6. After a surprise inspection, the day care centre received a non-compliance report indicating various minor infractions, as well as alleging that the owner had knowingly provided false or misleading information to the inspector. The inspector had alleged that management at the centre had provided an incomplete logbook which did not accurately depict the ratios of classrooms in the centre. Management at the centre attempted to explain that the logbook was an informal way for staff to keep track of their shifts, and not an official logbook, which could be provided upon request. The inspector escalated the issue, formally filing the non-compliance with the Ministry. The Firm guided the day care operator throughout the process to mitigate risk and ensure no rectify all minor outstanding non-compliance issues. The Firm drafted submissions to the Ministry of Education, again explaining and adding context to the allegation of knowingly providing false or misleading information, eventually disproving the allegation. After several months the Firm resolved the matter with the file being closed, avoiding a notation on the centre’s record and avoiding the ECE owner from being reported to the Registered Early Childhood Educators.

Licensing and Regulatory Compliance

Approval Process by the Ministry of Education

Licensed childcare, day care, and home childcare facilities in Ontario are legally obligated to have received approval from the Ministry of Education. This approval process requires compliance with standards outlined in the Child Care and Early Years Act, 2014. The Ministry conducts annual inspections to help ensure that they are in compliance with these regulations, maintaining high standards for childcare across the province.

Key Components of the Child Care and Early Years Act, 2014

The Child Care and Early Years Act, 2014 encompasses several important sections that might encompass protective/safety measures, licensing requirements, inspections, and enforcement protocols. Each facility, though independently operated, must comply with these comprehensive standards to ensure children’s safety and well-being

Regulatory Requirements Under Regulation 137/15

All childcare facilities are legally mandated to meet the minimum requirements set forth in Regulation 137/15 of the Child Care and Early Years Act, 2014. This regulation details essential aspects, including student-to-staff ratios, requirements for designated activity and play spaces, health and safety standards, health and medical supervision, nutrition standards, staff qualifications, emergency procedures, and the accessibility and appropriateness of materials used for play and child development.

Establishing a Child Care/Day Care Facility

Establishing a New Facility

To establish a childcare or day care facility, operators can either start from scratch or acquire an existing facility. The process involves several important steps to ensure that they are in compliance with provincial regulations.

Location and Licensing

After selecting a location, operators must ensure the area is zoned for day care. They must then apply for a license through the Ministry of Education’s online system and pay the necessary fees. A program advisor from the Ministry may conduct a site visit to evaluate the suitability of the premises for childcare.

Inspections and Approvals

The facility is legally obligated to undergo inspections by the Building, Fire, and Health Departments to ensure it meets safety and compliance standards. Operators must submit written approvals from these departments, hire qualified staff, and provide records of staff qualifications. Additionally, they must equip the facility, provide an inventory list, and provide a detailed timetable, incorporation papers, board member/staff list (if applicable), proposed admissions and medical forms, mission statement, schedule, scope of services, intended age range, and daily programs as well as educational goals.

Providing Information to Parents

Handbook and Policies

Childcare/day care operators must provide parents with a comprehensive handbook detailing the facility’s services, hours of operation, fees, and other relevant information. Written policies and procedures should also be provided to address any concerns or complaints parents may have. This helps to promote the qualities of transparency as well as effective communication. Some daycare centres might opt to use an agenda as a way to facilitate written communication between parent and child.

Licensed Facility Information

Licensed childcare facilities are listed on the Ministry of Education’s website. Parents with concerns about a childcare provider, whether home-based or within a centre, should contact the Ministry’s Child Care Quality Assurance and Licensing Office. Payments for childcare services should be deposited directly to the facility, not to the caregiver, as a way to ensure proper and appropriate licensing.

Prohibited Practices in Child Care/Day Care Facilities

Ensuring Child Safety and Well-being

Certain practices are strictly prohibited in childcare facilities to protect the safety and well-being of children. These include any form of corporal (bodily) punishment such as spanking;  physically restraining a child for punishment or as a substitute for supervision, except in cases where it is necessary to prevent injury to the child or others, and only after all other means have been exhausted; locking facility doors/exits to confine a child, except in emergencies; using inappropriate language and/or verbal abuse to verbally chastise a child; depriving a child of basic needs such as food, water, washroom access, clothing, and other essentials; and physically abusing a child or forcing them to drink or eat against their will.

Supporting Children with Special Needs

Personalized Support Plans

For children with special needs, childcare/day care operators must develop personalized support plans. These plans should outline how the facility will support the child’s participation in activities and any necessary modifications to the curriculum or other programs to accommodate the child’s needs. The plan should be created with input from the child (if appropriate), the parents, and relevant health professionals.

Regulated vs. Unregulated Child Care

Differences in Regulations

Licensed childcare facilities are required by law to comply with stringent government regulations, including staff qualifications, child-to-staff ratios, hygiene and cleanliness standards, and behaviour management protocols. Unlicensed caregivers are not bound by these regulations, which might affect the quality and consistency of care. The province on Ontario states that a childcare program for toddlers should maintain a caregiver: child ratio of 1:5. In preschool, this ratio is 1:8, and in kindergarten the ratio is 1:12.

For infants, the maximum number of children in the group is 10. For toddlers, there can be a maximum of 15 toddlers in the group. For preschoolers, the maximum is 24 in a group. For kindergarteners, the maximum is 26 in a daycare group. As you can see, the maximum number of individuals in a group increases as you go higher up in the age group. This is an indicator of how the younger children are the more individualized care and attention they require.

Choosing Between Licensed and Unlicensed Care

It can be a personal decision for parents and guardian to decide between licensed and unlicensed caregivers. Licensed facilities often offer structured and organized environments, trained staff, and comprehensive educational programs.

On the other hand, unlicensed caregivers may offer more flexibility and personal attention. It is essential for parents to consider their preferences and the specific needs of their child when making this decision.

Ensuring Safety and Cleanliness

Standards for Physical Environment

The physical environment of childcare facilities must be safe and clean. Operators should ensure that the facility has a proper operating license, staff are trained in first aid and CPR, fire exits are marked, escape routes are clear, and the playground is safe and fenced. Additionally, electrical outlets should be childproofed, and computers and digital devices should be monitored when being used by children.

Maintaining Hygiene

Maintaining hygiene is highly significance in order to mitigate the risk and spread of disease. This is a way to help ensure the health and safety of children. Some safety and hygiene measures might include regular disinfection of toys and equipment, regular thorough handwashing, covering sneezes and coughs, emptying garbage regularly, and ensuring proper food hygiene practices. If parents have concerns about the safety or cleanliness of a facility, they should contact the childcare/day care operator or the Ministry’s Child Care Quality Assurance and Licensing Office.

Qualifications for Working in a Licensed Child Care Facility

Staff Requirements

Supervisors in licensed childcare facilities must be members of the College of Early Childhood Educators and have a minimum of two years of experience as licensed childcare professionals. The director must deem them competent to plan and direct the center, oversee staff, and ensure compliance with regulatory standards. Other qualified employees should also be members in good standing with the College or appointed by the director for junior school age programs.

Continuing Education and Training

Staff in licensed childcare facilities must engage in ongoing professional development to stay current with best practices and regulatory changes. This includes regular training in first aid, CPR, and other relevant areas to ensure they can provide the highest level of care and safety for children.

Addressing Concerns and Complaints

Mechanisms for Addressing Issues

Childcare/day care operators must have clear mechanisms in place for addressing parent concerns and complaints. This includes providing written policies and procedures, maintaining open lines of communication, and ensuring that all issues are promptly and effectively addressed. Parents should feel confident that their concerns will be taken seriously, and that appropriate action will be taken to resolve any issues.

Role of the Ministry of Education

The Ministry of Education plays a highly significant role in overseeing the quality and safety of childcare facilities in Ontario. Parents can contact the Ministry’s Child Care Quality Assurance and Licensing Office with any concerns about a licensed facility. The Ministry conducts regular inspections and can take enforcement action if necessary to ensure compliance with regulatory standards.

Improved Safety Regulations within Daycares

Ever since the COVID-19 pandemic, childcare facilities have implemented enhanced safety protocols to protect the health of children, staff, and families. These measures include increased cleaning and disinfection, health screenings for children and staff, physical distancing measures, and the use of personal protective equipment (PPE).

Communication with Parents

Effective communication with parents is important, especially in the post-pandemic era we live in. Childcare operators should provide regular updates on safety measures, changes to policies and procedures, and any other relevant information to keep parents informed and reassured.