Day Care Operators of Ontario Defence Lawyers

Donich Law has significant experienced representing daycare operators who are experiencing a Ministry of Education investigation. We have worked alongside the Ministry of Education to resolve serious licensing and non-compliance issues. Our Firm is uniquely positioned to assist daycare operators. With our background in business, criminal and regulatory law, we can ensure your business is protected from all angles. In addition to advising clients on issues with the Ministry, we also have experience with cases involving CAS and the police. We ensure our clients are protected to ensure their businesses are back up and running as soon as possible with their reputation intact.

In 2025, Donich Law represented a daycare centre who was issued a Protection Order and forced to close its doors after an unannounced Ministry inspection in the case of Case No. 45****4. During the inspection the inspector uncovered non-compliance issues. The inspector also received information from witnesses about other alleged non-compliance issues including alleged neglect and child abuse. In addition to the Protection Order, the daycare was also issued Preliminary Notices regarding the non-compliance issues and reported to Children and Family Services who opened an investigation of their own. The situation garnered significant media attention, with several outlets reporting on the issue. Donich Law immediately filed a Notice of Appeal with the License Appeal Tribunal requesting that a hearing be held to lift the Protection Order. The Firm was able to gather evidence to suggest that many of the allegations had been made vexatiously. Resolutions in Protection Order cases are rare and typically require litigation. However, after negotiations with counsel for the Ministry, the Firm was able to resolve the matter by challenging some of the Ministry’s evidence and ultimately allowing the centre to reopen sooner than expected and resume normal operations. Simultaneously, the Firm also responded to the Preliminary Notices, with the Ministry ultimately choosing not to take any further action against the centre. The Firm also assisted the owners of the business with the Child and Family Service’s investigation, which was also ultimately closed after the investigation was unable to verify the allegations made.

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.

What will Happen if the Ministry Issues a Preliminary Notice?

When the Ministry of Education sends an inspector into a daycare centre to do an inspection, they are looking for non-compliance issues. If, during an inspection, compliance issues are uncovered, the inspector will generate a report which will be sent to the daycare operator. Where there are allegations of serious non-compliance, the inspector will issue a Preliminary Notice to the daycare provider, asking that they provide a response to the allegations. The Ministry typically requires a response within 48 hours.  While a response is not mandatory, it is the daycare operators opportunity to defend themselves at this stage of the investigation.

Once the 48 hour timeline for the daycare provider to provide a response has elapsed, the Ministry will determine the appropriate next steps. The Ministry may choose to close the file and take no action, they may issue a compliance order, order the centre to correct any non-compliance issues, impose conditions on the centre’s license, suspend the license or revoke the license.

As a result of the significant authority the Ministry has to suspend, revoke or place conditions on a centre’s license, it is important to take Preliminary Notices very seriously. Once a daycare centre is shut down by the Ministry, it is very difficult and time consuming to get it back open.

What is a Preliminary Notice?

A Preliminary Notice is a warning to a daycare operator, or an individual working inside the daycare, that the Ministry has concerns with non-compliance issues and is considering taking action against the centre or individual. The notice provides for the opportunity to answer to the allegations before a final decision is made.

The Preliminary Notice will provide the daycare centre, as well as any involved staff members, with a detailed list of all the non-compliance issues the Ministry inspector uncovered during their inspection. It will note the sections of the legislation that have been allegedly contravened as well as details of what is alleged to have occurred.

What to do if you have Received a Protection Order

If you are a daycare operator and you have received a Protection Order, you are required to stop providing daycare services immediately or as outlined in the Order. A Protection Order is an urgent enforcement tool that is used by the Ministry when they have serious safety concerns regarding a daycare centre. The Ministry will only issue a Protection Order in cases involving serious health and/or safety concerns.

When a daycare operator receives a Protection Order, it is important to contact legal counsel right away. The Protection Order will remain in place indefinitely until the Ministry is satisfied that all the non-compliance issues have been rectified. This can take a significant amount of time. The daycare operator will be responsible for correcting all issues and then proving to the Ministry that the issues have been corrected. The Ministry will not chase after the centre to get it re-open so it is important for the operator or their counsel to be on top of things.

In many cases, a Protection Order is the final step before the Ministry formally suspends or permanently revokes the daycare’s license. Once a final action has been taken, it is very difficult to overturn the decision and get the license back, especially where it has been formally revoked.

Will CAS Become Involved if a Protection Order is issued?

Yes. As outlined above, a Protection Order will only be issued in the most serious cases where the Ministry has reason to believe the health and safety of the children are at risk. When this occurs, the Ministry has a duty to report the incident to the Children’s Aid Society or Child and Family Services. CAS will then launch an independent investigation of their own. Where there are allegations of physical or sexual abuse, the police may also be notified. Where the conduct rises to the level of criminal behaviour, the police will carry out and investigation of their own and may lay charges. The Early Childhood Educators College (RECE) will also be notified where an individual involved is a Member of the College.

How to Defend a Ministry of Education Investigation?

The best defence strategy to any Ministry of Education investigation will be tailored specifically to the facts of the case and to the allegations. Where an individual is making allegations against the centre it may be necessary to discredit that individual to show that the allegations are untrue. Where the issue is related to non-compliance regarding the premises, the best defence may be to rectify the issue and show that Ministry that the centre is fully in compliance with Ministry standards.

If you are going through a Ministry investigation it is important to seek legal counsel. The Ministry has the authority to remove a business’s license to provide childcare and once they have done so, it is very difficult to get it back. CAS and police investigations often accompany the Ministry investigation, further complicating matters. Having experienced counsel to navigate the situations is invaluable, especially when dealing with multiple, sometimes competing investigations. Donich Law will ensure that your rights are protected in all investigations to ensure the business is protected and can continue providing childcare.