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CHILD CARE LICENSING IN ONTARIO
The Ministry of Children and Youth Services is responsible for the Day Nurseries Act and issues licences to operators of child care programs. There are two types of licensed child care programs: day nurseries and private-home day care agencies. In the Day Nurseries Act, child care centres are referred to as day nurseries. Day nurseries may include nursery schools, full day care, extended day care, and before and after school programs. 5 Private-home day care agencies arrange or offer home day care at more than one home. Care is provided to five children or less, under 10 years of age in a private residence other than the home of the parent/guardian of the child. Homes are monitored by the agency. Role of the Operator Operators have responsibility for the operation and management of each day nursery or private-home day care agency, including the program, financial and personnel administration of the program. Operators of licensed day nurseries and private-home day care agencies are required to achieve and maintain compliance with the standards set out in Ontario Regulation 262 under the Day Nurseries Act at all times.
The Day Nurseries Act and Ontario Regulation 262 are available through: Publication Services 777 Bay Street, Market Level, Toronto, Ontario M5G 2C8 416-585-7485 or 1-800-668-9938
The Day Nurseries Act is available on the ministry’s website at: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90d02_e.htm.
Ontario Regulation 262 under the Day Nurseries Act is available online at: http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900262_e.htm#37.(1).
The Director under the Day Nurseries Act Child care licences are issued by a “Director” who is an employee of the Ministry of Children and Youth Services, appointed by the Minister for the purpose of the Day Nurseries Act. The Director reviews all documents required for licensing, approves and signs the licence. The Director has the authority to refuse to issue a new licence if:
• the applicant or any of the officers, directors or employees of the applicant are not competent to operate a day nursery or private-home day care agency in a responsible manner in accordance with the Day Nurseries Act 6
• the past conduct of the applicant affords reasonable grounds for the belief that a day nursery or private-home day care agency will not be operated in accordance with the Day Nurseries Act, or
• the building in which the applicant proposes to operate the day nursery or provide private-home day care does not comply with the requirements of the Day Nurseries Act. In addition, if there are grounds, the Director may refuse to renew or revoke an existing licence. The Director may also issue a direction and temporarily suspend a licence if there is an immediate threat to the health, safety or well-being of the children. An applicant or licensee is entitled to a hearing before the Licence Appeal Tribunal.