NLR 39/17 - Child Care Regulations under the Child Care Act

NEWFOUNDLAND AND LABRADOR REGULATION 39/17 Child Care Regulations under the Child Care Act Amended by: 66/17 70/17 95/18 2018 cC-12.3 s129 2021 cO-5.1 s45 41/22 NEWFOUNDLAND AND LABRADOR REGULATION 39/17 Child Care Regulations under the Child Care Act (Filed May 10, 2017) Under the authority of section 34 of the Child Care Act, I make the following regulations. Dated at St. John’s , May 8, 2017. Dale Kirby Minister of Education and Early Childhood Development REGULATIONS Analysis 1. Short title 2. Definitions PART I LICENCES 3. Exemptions 4. Child care service licence applications 5. Family homes 6. Agency licence applications 7. Providing documentation 8. Application to vary a licence PART II CERTIFICATION 9. Application 10. Generally 11. Levels 12. Term 13. Renewal PART III REQUIREMENTS OF CHILD CARE SERVICES AND FACILITIES 14. Application 15. Multiple services 16. Requirements for employees, students and volunteers 17. Waiver 18. Registration mandatory 19. Supervision 20. Behaviour guidance policies 21. Program 22. Indoor play materials 23. Telephone 24. Baby monitors 25. Furniture and equipment 26. Health and safety generally 27. Secure facility 28. Clothing, bedding and grooming materials 29. Diapering and toileting 30. Allergies and other restrictions 31. Medication 32. Poisonous, hazardous and flammable substances 33. Illness, accidents, communicable diseases and incidents 34. Emergency procedures 35. Food handling and preparation 36. Nutrition 37. Animals 38. Travel 39. Outdoor play areas and structures 40. Public outdoor play areas 41. Outdoor play materials 42. Requirements while outdoors 43. Records generally 44. Enrolment register 45. Daily register 46. Individual records 47. Personnel records 48. Notifying parents generally 49. Notifying parents - investigations 50. Hours of operation 51. Insurance coverage PART IV CENTRES 52. Application 53. Homerooms 54. Caregiver to child ratio 55. Administrator 56. Indoor space generally 57. Prohibited furniture and equipment 58. Requirements of homerooms 59. Administrative area 60. Washroom area 61. Building 62. Outdoor play area generally 63. Enclosure and surface 64. Outdoor play structures 65. Inspections of outdoor play areas 66. Waiver of building and outdoor play area requirements 66.1 Waiver of requirements for pre-kindergarten program PART V FAMILY HOMES 67. Application 68. Floor space 69. Caregiver to child ratio 70. Child care service provider's children 71. First aid kit 72. Furniture and equipment 73. Outdoor play area 74. Records of residents PART VI AGENCIES 75. Monitors 76. Duties of monitors 77. Records to be kept 78. File 79. Notifying parents and managers 80. Insurance coverage PART VII INSPECTORS 81. Qualifications PART VIII TRANSITIONAL AND COMMENCEMENT 82. Transitional 83. Repeal 84. Commencement Short title 1. These regulations may be cited as the Child Care Regulations . 39/17 s1 Back to Top Definitions 2. In these regulations (a) "Act" means the Child Care Act ; (b) "administrator" means, (i) in relation to a child care service that is operated in a centre, a person designated under section 55, and (ii) in relation to a child care service that is operated in a family home, the person referred to in section 69; (c) "caregiver" means a person who provides care or supervision or both to children while they are participating in a child care service but does not include a student or a volunteer; (d) "caregiver to child ratio" means the applicable ratio under section 54 or 69 of the number of caregivers to the number of children participating in a child care service; (e) "centre" means a facility in which a child care service is operated that is not a family home; (f) "certification" means the certification granted under Part II; (g) "diploma" includes a certificate; (h) "family home" means a facility in which a child care service provider lives and operates a child care service; (i) "full-time child care service" means a child care service that is operated either in a single facility for more than 4 hours total a day or by a child care service provider for more than 4 hours total a day; (j) "homeroom" means a homeroom referred to in section 53; (k) "infant age range" means an age range from birth up to 2 years old; (l) "medication" does not include (i) sunscreen, (ii) insect repellent, or (iii) topical cream used to prevent or treat diaper rash, unless it is prescribed by a person authorized to do so by an Act of the province; (l.1) "not-for-profit corporation" means (i) a corporation incorporated under the Corporations Act without share capital that operates exclusively to provide child care services for the benefit of the community without financial gain to the members of the corporation, and (ii) a co-operative incorporated under the Co-operatives Act whose primary purpose is to provide child care services for the benefit of the community; (m) [Rep. by 41/22 s1] (n) "orientation course" means an orientation course approved by the minister; (o) "participate" means to attend or take part in the activities or arrangements of a child care service including travel where that travel is offered or arranged in conjunction with the child care service; (o.1) "pre-kindergarten age range" means attending a pre-kindergarten program and an age range from 3 years and 8 months old up to 5 years and 9 months old; (o.2) "pre-kindergarten program" means a child care service that is (i) operated by a not-for-profit corporation solely for children in the pre-kindergarten age range before school entry, and (ii) provided in a centre located in a school under the Schools Act, 1997 or where there is no space available in a school, a facility approved by the minister; (p) "pre-school age range" means not attending school and an age range from 2 years and 9 months old up to 5 years and 9 months old; (p.1) "provincial early learning framework" means a framework established by the province that is designed to provide support and guidance in the provision of child care services to ensure an optimal learning environment to build a strong foundation for the growth, development and well-being of children; (p.2) "school age range" means attending school and an age range from 4 years and 8 months old up to 13 years old; (q) "toddler age range" means an age range from one year and 6 months old up to 3 years old; (r) "travel" includes travel by foot, bicycle and vehicle; and (s) [Rep. by 41/22 s1] 39/17 s2 ; 66/17 s1 ; 41/22 s1 PART I LICENCES Back to Top Exemptions 3. (1) A child care service provider is exempt from the requirement to hold a child care service licence where one or both of the following apply: (a) the child care service operated by the child care service provider is offered for less than 10 hours a week; or (b) the child care service provider has (i) 3 or fewer children participating in the child care service and all of the children are in the infant age range, or (ii) 4 or fewer children participating in the child care service and 2 or fewer of the children are in the infant age range. (2) The child care service provider's own children shall be counted toward the number of children under paragraph (1)(b). (3) The minister may exempt a child care service provider from the requirement to hold a child care service licence. (4) A person shall request an exemption under subsection (3) in writing. 39/17 s3 Back to Top Child care service licence applications 4. (1) The following documentation shall be provided to a manager as part of an application for a new child care service licence or to renew a child care service licence to operate a child care service in either a centre or a family home: (a) a description of the program of the child care service referred to in section 21; (b) with respect to each administrator, a copy of the administrator’s (i) certification, (ii) most recent diploma in first aid, and (iii) current record of immunization; (c) a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for each administrator of the child care service; (d) plans of the facility; (e) proof of provincial and municipal approvals required to operate the child care service; (f) proof of insurance coverage from an insurance company or a letter from an insurance company showing its intent to provide insurance coverage; (g) where the child care service provider is incorporated, proof of incorporation and a current record of good standing of the corporation; and (h) any other documentation required by a manager. (2) The documents listed in paragraph (1)(c) shall be issued within the 3 months before they are provided. (3) Where the application is for a child care service licence to operate a child care service in a centre, the plans required under paragraph (1)(d) shall be professionally drawn to scale and show the areas of the centre. (4) Where the application is for a child care service licence to operate a child care service in a family home, the plans required under paragraph (1)(d) shall be drawn to scale and show the areas of the family home to be used for the child care service. 39/17 s4 ; 41/22 s2 Back to Top Family homes 5. (1) The applicant for a child care service licence to operate a child care service in a family home shall be the administrator of that child care service. (2) In addition to the documentation listed in subsection 4(1), an applicant for a child care service licence to operate a child care service in a family home shall provide (a) proof that the applicant lives in the family home in which the child care service is operated; and (b) consent and the consent of all residents of the family home who are 16 years old or older to permit a manager to access information from departments, agencies, boards and commissions of the government of the province regarding their suitability to care for or be in contact with children. 39/17 s5 ; 41/22 s3 Back to Top Agency licence applications 6. The following documentation shall be provided to a manager as part of an application for a new agency licence or to renew an agency licence: (a) a description of the agency's policies and procedures; (b) proof of provincial and municipal approvals required to operate the agency; (c) proof of insurance coverage from an insurance company or a letter from an insurance company showing its intent to provide insurance coverage; and (d) where the agent is incorporated, proof of incorporation and a current record in good standing of the corporation. 39/17 s6 Back to Top Providing documentation 7. Where an application is for a new licence, the documentation referred to in subsection 4(1), subsection 5(2) and section 6 may be provided at any time before the licence is issued. 39/17 s7 Back to Top Application to vary a licence 8. An application to vary a licence shall include the documentation a manager determines necessary for the application. 39/17 s8 PART II CERTIFICATION Back to Top Application 9. (1) An applicant shall apply for certification in writing to the minister in the form prescribed by the minister. (2) The following documentation shall be provided to the minister as part of an application for certification: (a) a copy of all diplomas and transcripts; (b) where applicable, an evaluation from an accreditation service; and (c) where applicable, proof of certification from another province or territory in Canada . 39/17 s9 Back to Top Generally 10. Certification shall set out (a) the level of certification; (b) the type of facility, either a centre or a family home, in which a person is certified to be a caregiver; and (c) the age range of children to whom the person is certified to be a caregiver. 39/17 s10 Back to Top Levels 11. (1) The minister may grant an applicant trainee certification to be a caregiver (a) in a centre where the applicant has successfully completed an orientation course and provides proof that the applicant is registered at a post-secondary institution in an early childhood education program approved by the minister; and (b) in a family home where the applicant has successfully completed an orientation course. (2) The minister may grant an applicant level I certification where the applicant has successfully completed an orientation course and holds a diploma from a post-secondary institution in a one year program in early childhood education approved by the minister. (3) The minister may grant an applicant level II certification where the applicant has successfully completed an orientation course and holds a diploma from a post-secondary institution in a 2 year program in early childhood education approved by the minister. (4) The minister may grant an applicant level III certification where the applicant has successfully completed an orientation course and holds (a) a diploma from a post-secondary institution in a 3 year program in early childhood education approved by the minister; (b) a diploma from a post-secondary institution in a 2 year program in early childhood education approved by the minister and has completed a one year post-diploma specialization; or (c) a degree from a university approved by the minister and a diploma from a post-secondary institution in a one year program in early childhood education approved by the minister. (5) The minister may grant an applicant level IV certification where the applicant holds (a) a degree in early childhood education from a university approved by the minister; or (b) a degree from a university approved by the minister and a diploma from a post-secondary institution in a 2 year program in early childhood education approved by the minister. (6) The minister may accept equivalent education or training. 39/17 s11 ; 41/22 s4 Back to Top Term 12. (1) Certification other than trainee certification is valid for a maximum of 3 years. (2) Trainee certification is valid for a maximum of one year. 39/17 s12 Back to Top Renewal 13. (1) An applicant who seeks to renew certification shall apply in writing to the minister in the form prescribed by the minister. (2) The minister may renew trainee certification to be a caregiver in a centre where the applicant provides (a) proof of completion of at least 2 early childhood education courses approved by the minister from a post-secondary institution; or (b) all of the following: (i) proof of registration in an early childhood education program approved by the minister at a post-secondary institution, (ii) proof that courses required for the early childhood education program referred to in subparagraph (i) are not available, and (iii) proof of at least 10 hours of professional learning approved by the minister. (3) The minister may renew trainee certification to be a caregiver in a centre (a) a maximum of 4 times under paragraph (2)(a); or (b) a maximum of 6 times where 2 of those times are under paragraph (2)(b). (4) The minister may renew trainee certification to be a caregiver in a family home where the applicant provides proof of at least 10 hours of professional learning approved by the minister. (5) Where an applicant seeks to renew trainee certification and that applicant held entry level certification under the Child Care Services Act for at least 10 years immediately before the coming into force of these regulations, the minister may renew the applicant's trainee certification where the applicant provides proof of at least 10 hours of professional learning approved by the minister. (6) The minister may renew certification other than trainee certification before the certification expires where the applicant provides proof of completion of at least one hour of professional learning approved by the minister for every month that has passed since the date the certification was granted. (7) The minister may renew certification other than trainee certification after the certification expires where the applicant provides proof of completion of (a) at least one hour of professional learning approved by the minister for every month between the date the certification was granted and the date it expired; and (b) at least one hour of professional learning approved by the minister for every month that has passed since the date the certification expired. (8) Notwithstanding subsections (6) and (7), an applicant is not required to complete more than 30 hours of professional learning under subsection (6) or 60 hours of professional learning under subsection (7). 39/17 s13 PART III REQUIREMENTS OF CHILD CARE SERVICES AND FACILITIES Back to Top Application 14. Unless otherwise provided for in this Part, this Part applies only to the following: (a) child care service providers who are required to hold a child care service licence; (b) child care service providers who hold a child care service licence but are not required to hold one; (c) child care services that are operated by a child care service provider referred to in paragraphs (a) and (b) and the facilities in which they are operated; (d) affiliated child care service providers; and (e) child care services operated by affiliated child care service providers and the facilities in which they are operated. 39/17 s14 Back to Top Multiple services 15. Where more than one child care service is operated in a building or dwelling house, each child care service shall meet the requirements of these regulations as though it were operated from the building or dwelling house alone. 39/17 s15 Back to Top Requirements for employees, students and volunteers 16. (1) Unless otherwise provided for in the Act or these regulations, a person who is an employee, student or volunteer of a child care service provider or who assists or provides services in the operation of a child care service shall not have access to the records of the children who participate in the child care service unless a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for that person are (a) no more than 3 years old; (b) satisfactory to (i) the licensee of the child care service where the child care service is operated under a child care service licence, or (ii) the administrator of the child care service where the child care service is operated under an approval certificate; and (c) part of the personnel record required under section 47 for that person. (2) Unless otherwise provided for in the Act or these regulations, a person who is an employee, student or volunteer of a child care service provider or who assists or provides services in the operation of a child care service shall not have contact with the children who participate in the child care service unless the following requirements are met along with the requirements under subsection (1): (a) the person holds a diploma in first aid from an organization approved by the minister that is no more than 3 years old; and (b) the following documents are part of the personnel record required under section 47 for that person: (i) a copy of the person’s diploma in first aid required under paragraph (a), and (ii) current record of immunization. (3) Unless otherwise provided for in the Act or these regulations, a person shall not be a caregiver and shall not be considered a caregiver in the caregiver to child ratio under section 54 or 69 unless all of the following requirements are met: (a) the person holds certification (i) for the type of facility in which the child care service is operated, (ii) at the level required by the Act or these regulations, and (iii) in the age range of the children to whom the person is assigned to be a caregiver; (b) the person is 18 years old or older; and (c) a copy of the person’s certification is part of the personnel record required under section 47 for that person. 39/17 s16 ; 41/22 s5 Back to Top Waiver 17. (1) A manager may waive the requirements under these regulations for a caregiver in relation to a specific child care service to hold certification in or for one or more of the following: (a) a level of certification; (b) a type of facility; or (c) an age range of children. (2) A person shall request a waiver under subsection (1) in writing. (3) A waiver under subsection (1) is valid for a maximum of one year and may be renewed a maximum of 4 times. 39/17 s17 Back to Top Registration mandatory 18. A child shall be registered in a child care service before the child participates in that child care service. 39/17 s18 ; 41/22 s6 Back to Top Supervision 19. Children registered in a child care service shall be supervised at all times in a manner that is developmentally appropriate while they are participating in the child care service. 39/17 s19 Back to Top Behaviour guidance policies 20. (1) Behaviour guidance policies shall be established and implemented by an administrator of the child care service. (2) Behaviour guidance policies shall (a) recognize the developmental abilities of children and set appropriate expectations; (b) acknowledge diversity and its influence on children's behaviour; (c) promote realistic play and behaviour limits that guide the safety and security of children participating in the child care service instead of curbing their play experiences, curiosity and creativity; (d) prohibit the use of corporal punishment, such as striking either directly or with a physical object, shaking, shoving, spanking and other forms of aggressive physical contact, against children while they are participating in the child care service; (e) prohibit the use of harsh, humiliating, belittling or degrading physical or verbal treatment of children while they are participating in the child care service; (f) prohibit the confinement, restraint or isolation of children while they are participating in the child care service; (g) prohibit children from being deprived of basic needs, including food, shelter, clothing, sleep, bedding, disability related supports and the use of the washroom, while they are participating in the child care service; and (h) prohibit behaviour guidance that requires or forces children to repeat physical movements while they are participating in a child care service. (3) Behaviour guidance policies shall be posted in the same place the child care service licence or approval certificate is posted. (4) An administrator of a child care service shall ensure that (a) employees, students and volunteers who assist or provide services in the operation of the child care service are given a copy of the behaviour guidance policies of the child care service; (b) employees, students and volunteers who assist or provide services in the operation of the child care service are trained in the behaviour guidance policies of the child care service before being an employee, student or volunteer; (c) behaviour guidance policies are reviewed at least once a year with employees, students and volunteers who assist or provide services in the operation of the child care service; (d) employees, students and volunteers who assist or provide services in the operation of the child care service comply with the behaviour guidance policies and use reasonable behaviour guidance; and (e) a copy of the behaviour guidance policies of the child care service is provided to the parents of a child upon registering the child in the child care service. 39/17 s20 Back to Top Program 21. (1) The program of a child care service shall (a) be comprehensive, coordinated and consist of both indoor and outdoor activities; (b) be child-centred; (c) create an environment that is developmentally appropriate, culturally appropriate and nurturing; (d) promote full participation of all children registered in the child care service; (e) foster and enhance cognitive, creative, physical, emotional, social and language development; (f) address the individual and group needs of the children registered in the child care service; and (g) follow the provincial early learning framework. (2) The program of a child care service shall set out (a) the child care philosophy on which the program is based; (b) how the program meets the developmental needs of the children registered in the child care service; (c) the play materials, furniture and equipment available to children while they are participating in the child care service; (d) the daily schedule followed by children while they are participating in the child care service; (e) how community resources are used; (f) how the children registered in the child care service are oriented to the child care service; (g) the policies of the child care service on health and safety, parental involvement, behaviour guidance and travel outside the facility; (h) the emergency procedures of the child care service; (i) the process for ongoing evaluation and improvement of the program; and (j) where the child care service is operated in a centre, the activity areas available to children while they are participating in the child care service. (3) Where children participate in a full-time child care service, the program of that child care service shall include (a) daily physical activity; (b) daily outdoor activity in the morning and the afternoon, except when extreme weather conditions exist; and (c) a period of rest for children in the infant age range, toddler age range, pre-school age range and pre-kindergarten age range. (4) An administrator of a child care service that is operated under a child care service licence shall follow the program approved by a manager as part of the licence application process or by a manager under subparagraph 15(d)(ii) of the Act. (5) An administrator of a child care service operated by an affiliated child care service provider shall follow the program approved by the agency that issued the approval certificate. 39/17 s21 ; 41/22 s7 Back to Top Indoor play materials 22. A facility shall have sufficient indoor play materials accessible to the children participating in the child care service and an administrator of the child care service shall ensure that the indoor play materials are (a) safe and developmentally appropriate for the children that use them; (b) where the indoor play materials are used by children in the infant age range or the toddler age range or both, (i) inspected daily for hazards, and (ii) cleaned and disinfected at least twice weekly or more often where necessary; and (c) where the indoor play materials are used by children in the pre-school age range, the pre-kindergarten age range, the school age range or any 2 of those age ranges, cleaned and disinfected at least once weekly or more where necessary. 39/17 s22 ; 41/22 s8 Back to Top Telephone 23. (1) A facility shall have a telephone which shall be in good working order while children are participating in the child care service. (2) Where children in the infant age range are assigned to a homeroom, that homeroom shall have its own telephone. 39/17 s23 ; 41/22 s9 Back to Top Baby monitors 24. (1) Where children sleep in a separate room of the facility while they are participating in a child care service, a baby monitor shall be used while one or more children are sleeping in that room. (2) The transmitting portion of the baby monitor shall be in the room in which the children sleep. (3) The receiving portion of the baby monitor shall be (a) where the child care service is operated in a centre, in the homeroom of the children; and (b) where the child care service is operated in a family home, in the same room as the administrator. 39/17 s24 Back to Top Furniture and equipment 25. (1) A facility shall have sufficient furniture and equipment available for the number of children registered in the child care service and an administrator of the child care service shall ensure that furniture and equipment at the facility are safe and do not pose a danger or imminent risk of injury to children while they are participating in that child care service. (2) Highchairs, cribs, cots and sleeping mats shall be cleaned and disinfected (a) before and after every use; and (b) where not in regular use, at least once a month. (3) There shall be at least 45 centimetres of space between cribs and cots. (4) A child shall be easily accessible to a caregiver while the child is using a sleeping mat. 39/17 s25 Back to Top Health and safety generally 26. (1) An administrator of a child care service shall (a) ensure that the facility and the child care service provide a healthy, safe and developmentally appropriate environment; (b) ensure that food and a time to rest is offered to children while they are participating in the child care service in accordance with each child's stage of development and individual capability; and (c) recognize and respond to symptoms of illness in children while they are participating in the child care service. (2) A facility shall be (a) clean, disinfected and sanitary; (b) in a state of good repair; (c) well ventilated; and (d) reasonably comfortable for children while they are participating in the child care service. (3) An administrator of a child care service shall provide a daily written record of the sleeping, eating and toileting patterns of every child who is in the infant age range to the parents of that child. (4) Where children in the infant age range, toddler age range, pre-school age range or pre-kindergarten age range are registered in the child care service, an administrator of that child care service shall ensure that electrical outlets are capped when not in use. (5) Water accessible to children in a facility shall not have a temperature higher than 43 ° Celsius. (6) Foods and liquids with a temperature higher than 43 ° Celsius are not permitted in areas of a facility in which children are permitted. (7) An administrator of a child care service shall ensure that audio recordings, video recordings and photos are not taken of a child while the child is participating in the child care service without the written consent of the child's parent and that audio recordings, video recordings and photos taken with the consent of a child's parent are not published by employees, students or volunteers who assist or provide services in the operation of the child care service without the written consent of the parent. (8) An administrator of a child care service that is operated in a centre shall ensure that ammunition and firearms are not handled or stored at the centre. (9) An administrator of a child care service that is operated in a family home shall ensure that ammunition and firearms are (a) handled and stored in areas that the children participating in the child care service are not permitted; and (b) stored separately in a locked enclosure inaccessible to children participating in the child care service. 39/17 s26 ; 66/17 s2 ; 41/22 s10 Back to Top Secure facility 27. Secure facility policies shall be established and implemented by an administrator of the child care service and shall include the circumstances under which and the persons who may remove a child from the facility. 39/17 s27 Back to Top Clothing, bedding and grooming materials 28. (1) An administrator of a child care service shall ensure that clothing, bedding and grooming materials supplied by the child care service provider for the use of children while they are participating in the child care service are (a) used only by the child to which they are assigned and stored in an area or enclosure assigned to that child only; (b) stored in a manner that is sanitary; and (c) washed at least once weekly or more often where necessary. (2) Paragraphs (a) and (b) apply to clothing, bedding and grooming materials provided by a parent for a child participating in the child care service. 39/17 s28 ; 41/22 s11 Back to Top Diapering and toileting 29. (1) A facility shall have both a change table and individual changing pads for the use of children participating in the child care service that require diapering. (2) Change tables and changing pads shall be cleaned and disinfected before and after every use. (3) A person who diapers or toilets a child while the child is participating in a child care service shall wash the person’s hands and the hands of the child with soap before and after diapering or toileting the child. 39/17 s29 ; 41/22 s12 Back to Top Allergies and other restrictions 30. (1) Where a child is registered in a child care service and has one or more allergies, information about the child's allergies, including the cause, symptoms and treatment, shall be posted in the same place the child care service licence or approval certificate is posted, in the food preparation area and, where the child care service is operated in a centre, in every homeroom. (2) An administrator of a child care service shall ensure that all caregivers, students and volunteers are informed of allergies and other restrictions of the children who are registered in that child care service. 39/17 s30 Back to Top Medication 31. (1) Medication that is required in an emergency shall be stored in the facility in an area that is inaccessible to children while they are participating in the child care service. (2) Medication that is not required in an emergency shall be stored in the facility in a locked enclosure that is inaccessible to children while they are participating in the child care service. (3) Where a parent of a child consents to the administration of medication to the child while that child participates in a child care service, an administrator shall ensure all of the following: (a) the consent of the parent is in writing and received before the medication is administered; (b) that an administrator or caregiver administers the medication; (c) where the medication is not prescribed, it is administered only when provided by a parent in the original container and where the medication is prescribed, it is administered only when provided by a parent in a container supplied by a pharmacist; (d) the medication is labelled with the child's name, expiration date, required dosage and method of administration; (e) the medication is administered according to the directions on the label or according to the written instructions of the person who prescribed it; and (f) a record is completed in writing of every dose administered, including the date and time it was administered, the amount of the dose, the child's name and the signature of the administrator or caregiver who administered it. (4) In this section, "prescribed" means prescribed by a person authorized to do so by an Act of the province. 39/17 s31 ; 41/22 s13 Back to Top Poisonous, hazardous and flammable substances 32. Where substances that are poisonous, hazardous or flammable are stored in a facility, they shall be stored (a) in their original containers; (b) in a place that is locked and inaccessible to children while they are participating in the child care service; and (c) according to the specifications of the manufacturer. 39/17 s32 Back to Top Illness, accidents, communicable diseases and incidents 33. (1) A child participating in a child care service that is operated in a centre who is ill shall stay in the area required under subsection 56(5) and shall be directly supervised. (2) An administrator of a child care service shall ensure that a child's parent arranges for the immediate removal of the child from participating in the child care service where the administrator is satisfied that one of more of the following statements apply: (a) the child is exhibiting vomiting, fever, diarrhea or a new or unexplained rash; (b) due to the onset of illness, the child requires greater care or supervision than is able to be provided without compromising the other children participating in the child care service; or (c) the child is displaying other symptoms that the administrator is satisfied may indicate that the child poses a health risk to other persons in the facility. (3) An administrator of a child care service shall ensure that a child removed from participating in the child care service under subsection (2) does not return until the administrator is satisfied that the child no longer poses a health risk to other persons in the facility. (4) Where an accident, communicable disease or incident occurs that affects or could affect the health or safety of a child while the child is participating in the child care service, an administrator of the child care service shall ensure that (a) necessary medical assistance is secured immediately; (b) a parent of every child who is affected or could be affected is notified immediately; (c) where the child care service is operated under a child care service licence, the licensee is notified; and (d) a written report is prepared that includes a summary of the accident, communicable disease or incident and the action taken. (5) A copy of the report required under paragraph (4)(d) shall (a) include the date and time that the accident, communicable disease or incident occurred; (b) be signed by the employees, students and volunteers involved; (c) be signed by a parent of every child that is affected or could be affected; (d) be inserted into the individual record of every child that is affected or could be affected; and (e) be provided to an administrator. (6) Where a serious incident occurs, in addition to the requirements under subsections (4) and (5), an administrator shall ensure that the provincial director is notified of the serious incident within 24 hours of it occurring and unless otherwise ordered by the minister, a copy of the report is sent to the provincial director no later than 7 days after the date of the serious incident. (7) In this section, "serious incident" means (a) an injury to a child that requires emergency medical attention or the death of a child while the child is participating in the child care service; (b) a fire or other disaster at the facility; (c) the physical environment, an operational practice or a safety practice that poses a risk to the health or safety of children registered in that child care service; or (d) abuse or neglect, or an allegation of abuse or neglect, of a child by a licensee, employee, student or volunteer assisting or providing services in the operation of the child care service while the child is participating in the child care service. 39/17 s33 ; 41/22 s14 Back to Top Emergency procedures 34. (1) The emergency procedures of the child care service shall be posted in the same place the child care service licence or approval certificate is posted. (2) Where the child care service is operated in a centre, an administrator shall ensure that the employees, students and volunteers who assist and provide services in the operation of the child care service are trained in the emergency procedures of the child care service. (3) Children participating in a child care service shall take part in the emergency drills of that child care service at least once a month. (4) An administrator shall ensure that a written record of every emergency drill, including the date and time it occurred, how long it took and the number of employees, students, volunteers and children who took part in it, is kept by the child care service provider. (5) Where only one caregiver is at a facility, an administrator shall ensure that a person 18 years old or older is quickly able to replace that caregiver should that caregiver be required to be absent for an emergency. (6) Where a person is required to replace a caregiver under subsection (5) for 2 or more consecutive days, that person shall hold at least the same level of certification as the caregiver the person is replacing. 39/17 s34 Back to Top Food handling and preparation 35. (1) A facility shall have sanitary areas for food preparation and food storage. (1.1) Where a child care service provider solely operates a pre-kindergarten program and the food preparation and storage area is not located in the homeroom, the child care service provider shall (a) ensure that the food to be used by the child care service is stored securely and is only accessible to employees, students or volunteers of the child care service; and (b) submit a plan regarding the storage, preparation and delivery of food to the homeroom to a manager for approval. (2) A person assisting or providing services in the operation of a child care service shall wash the person’s hands with soap before and after handling or preparing food or beverages for children participating in the child care service. (3) An administrator shall ensure that adequate and safe procedures are followed in relation to cleaning items that are used for eating and drinking by children participating in the child care service. (4) A child shall not be diapered in the food preparation area or on a surface that is used for food preparation or on which food or beverages are served. (5) Where a child is registered in a child care service and has one or more special dietary or feeding requirements, information about those dietary or feeding requirements shall be posted in a prominent and visible place in the food preparation and serving areas. (6) Where food or beverages, including breast milk and formula, are provided by a parent for a child participating in a child care service, the food or beverages shall be (a) labelled with the name of the child they belong to, the date they were received, the expiration date and a description of their contents; (b) refrigerated at 4 ° Celsius or lower where refrigeration is required; and (c) used or discarded before the expiration date. 39/17 s35 ; 41/22 s15 Back to Top Nutrition 36. (1) Children shall be offered food and a beverage at least every 3 hours while they are participating in a child care service. (2) Children shall not be forced to eat or drink while they are participating in a child care service. (3) Food and beverages shall not be used as a form of reward or punishment for children while they are participating in a child care service. (4) Safe drinking water shall be accessible to children while they are participating in a child care service. (5) Children shall be fed in a manner that is appropriate to their age and development. (6) Notwithstanding subsection (5), while a child is participating in a child care service, that child shall (a) not be permitted to eat or drink while in a play pen or crib or while on a cot or sleeping mat; (b) be held by a caregiver, student or volunteer where the child feeds from a bottle and cannot hold the bottle; (c) be seated while eating or drinking; and (d) not be provided with food or beverages while resting. (7) Where food or beverages are provided to a child while participating in a child care service, it shall meet the nutritional needs of the child. 39/17 s36 ; 41/22 s16 Back to Top Animals 37. (1) Where an animal stays at the facility of a child care service or is regularly at the facility while children are participating in a child care service, an administrator shall ensure that a parent is notified of the animal in writing before the child is registered in the child care service. (2) An administrator shall notify a parent of every child registered in the child care service in writing no later than 30 days before an animal starts to stay or regularly be at a facility while children are participating in the child care service. (3) An administrator shall ensure that an animal that stays or is regularly at a facility while children are participating in a child care service is healthy. 39/17 s37 Back to Top Travel 38. (1) Where children travel outside the facility while they are participating in a child care service, an administrator of that child care service shall ensure that before they travel, (a) it is reasonably safe; (b) the written consent of a parent of every child that is specific to the circumstances has been received; and (c) the applicable caregiver to child ratio under section 54 or 69 is maintained. (2) The driver of a vehicle in which a child travels while the child is participating in a child care service shall be 19 years old or older and shall hold a valid driver's licence permitting the driver to operate that vehicle. (3) A vehicle in which a child travels while participating in a child care service shall have a first aid kit. (4) [Rep. by 41/22 s17] (5) A child shall not be permitted to drive or to ride as a passenger on an all-terrain vehicle as defined in the Off-Road Vehicles Act while the child is participating in a child care service. (6) Notwithstanding subsection (5), a manager may permit a child to ride as a passenger on an all-terrain vehicle. (7) A person shall request permission under subsection (6) in writing. 39/17 s38 ; 2021 cO-5.1 s45 ; 41/22 s17 Back to Top Outdoor play areas and structures 39. (1) A child care service shall have an outdoor play area that is part of the facility and it shall be (a) accessible to all children registered in the child care service; (b) appropriate for the age range of children who use it; (c) safe and well maintained; and (d) for the exclusive use of children participating in the child care service. (2) Where the outdoor play area has one or more hard surfaces, a hard surface shall not cover more than half of the outdoor play area. (3) The outdoor play area shall be enclosed by a fence that (a) is at least 1.2 metres high; (b) has, at a maximum, 9 centimetres between every slat; and (c) has a gate that is kept safely closed when the gate is not in use. (4) A play structure for use in the outdoor play area shall be (a) approved before its first use by an inspector appointed under the Act; (b) appropriate for the size of the outdoor play area; (c) appropriate for the age range of children who use it; and (d) installed according to the specifications of the manufacturer. (5) A play structure for use in the outdoor play area shall have a protective surface under it where (a) the critical fall height of the play structure is 1.2 metres or greater; or (b) the play structure is fixed. (6) A play structure for use in an outdoor play area that is not fixed shall have a surface other than a hard surface under it where the critical fall height of the play structure is less than 1.2 metres. (7) A manager may waive one or more of the requirements under subsection (4) for a play structure where (a) the play structure was in use at a facility on the coming into force of these regulations; (b) the child care service at that facility was being operated under a valid licence or approval certificate issued under the Child Care Services Act on the coming into force of these regulations; and (c) the play structure is being operated in the same facility in which it was being operated on the coming into force of these regulations. (8) A person shall request a waiver under subsection (7) in writing. (9) A waiver under subsection (7) is valid for a maximum of one year and may be renewed a maximum of 4 times. 39/17 s39 Back to Top Public outdoor play areas 40. (1) A public area that is used as an outdoor play area under subsection 62(3) or section 73 shall be (a) reasonably safe; (b) appropriate for the age range of the children who use it; and (c) within a reasonable distance from the facility of the child care service. (2) An administrator shall ensure that a public area referred to in subsection (1) is inspected before children participating in a child care service enter it. 39/17 s40 Back to Top Outdoor play materials 41. A child care service shall have sufficient outdoor play materials accessible to the children participating in the child care service and an administrator of the child care service shall ensure that the outdoor play materials are (a) safe and developmentally appropriate for the children that use them; and (b) appropriate for the size of the outdoor play area. 39/17 s41 Back to Top Requirements while outdoors 42.

(1) An administrator shall ensure that the daily register required under section 45 accompanies the following groups where the group travels outdoors together: (a) the majority or more of children assigned to one or more homerooms while they are participating in a child care service; and (b) the majority or more of children while they are participating in a child care service that is operated in a family home. (2) An administrator shall ensure that a first aid kit accompanies children when they travel outdoors. (3) This section applies when the children leave the facility and when they use the outdoor play area. 39/17 s42 Back to Top Records generally 43. (1) The following documents shall be kept at a facility: (a) documents and records required by the Act and these regulations; and (b) a copy of inspection reports and certificates prepared in relation to the child care service or the child care service provider. (2) Documents and records required by the Act and these regulations shall be kept for at least 3 years unless otherwise specified. 39/17 s43 Back to Top Enrolment register 44. (1) An administrator of a child care service shall ensure that a current enrolment register is maintained and it is kept in a locked enclosure. (2) The enrolment register shall include the following information for every child registered in the child care service: (a) name; (b) date of birth; (c) the date the child started participating in the child care service; (d) the date the child stopped participating in the child care service; and (e) whether the child participates in the child care service on a full-time or part-time basis. 39/17 s44 Back to Top Daily register 45. (1) An administrator of a child care service shall ensure that a daily register is prepared for the child care service. (2) The daily register shall include the following information for every child participating in the child care service that day: (a) name; (b) date of birth; (c) information for an emergency contact person; and (d) the signature of the person who drops the child off at the facility and picks the child up from the facility and the time that the person dropped off or picked up the child. (3) Daily registers shall be kept for at least 7 years. (4) Where the child care service is operated in a centre, a daily register shall be prepared for every homeroom and shall be located near the entrance of the homeroom. 39/17 s45 ; 41/22 s18 Back to Top Individual records 46. (1) An administrator of a child care service shall ensure that an individual record for every child who is registered in the child care service is maintained. (2) The individual record shall include the following information: (a) name, address and date of birth of the child; (b) name, home address, work address, home telephone number, work telephone number, cellular telephone number and email address for the child's parents and at least one emergency contact person; (c) a list of persons authorized to pick up from the facility the child or documents and records or both and a sample of the signature of each of those persons; (d) the date the child becomes registered in the child care service and the date the child is no longer registered in the child care service; (e) the name, address and telephone number of the child's doctor and a current health record that includes the child's provincial medical care plan number and expiration date, allergy information and information on chronic medical conditions; (f) a copy of the record of the child's sleeping, eating and toileting patterns required under subsection 26(3); (g) a record of all medication administered to the child required under paragraph 31(3)(f); (h) a copy of a report required under paragraph 33(4)(d); and (i) the written consent of a child's parent required under subsection 26(7), paragraphs 31(3)(a) and 38(1)(b) and any other consent provided by a child's parent. (3) The individual records shall be kept in a locked enclosure. 39/17 s46 Back to Top Personnel records 47. (1) An administrator of a child care service shall keep a personnel record at the facility for every person who assists or provides services in the operation of the child care service and has contact with the children registered in the child care service or with the records of those children. (2) Personnel records under subsection (1) shall be kept in a locked enclosure. 39/17 s47 Back to Top Notifying parents generally 48. (1) An administrator of a child care service shall notify a parent of every child registered in the child care service in writing when (a) the child care service will not operate during its regular hours of operation, including holidays and a permanent closure or shut down; (b) renovations to the facility of the child care service are anticipated; (c) the child care service licence or approval certificate under which the child care service is operated is renewed, varied, suspended, revoked or expires including details of the renewal, variation, suspension, revocation or expiration; (d) the program of the child care service referred to in section 21 changes or it is anticipated that the program of the child care service will change; and (e) a violation order is issued against the licensee who holds the licence under which the child care service is operated. (2) A parent of a child who travels outside the facility while participating in a child care service shall be notified in writing of the details of the travel by an administrator before the child travels. (3) Where a child care service is operated in a centre and it is anticipated that the child care service will not operate during its regular hours of operation, an administrator shall notify the parents under paragraph (1)(a) at least 2 weeks before the closure. 39/17 s48 Back to Top Notifying parents - investigations 49. (1) Where a child care service is operated in a centre, an administrator shall notify the minister and a parent of every child registered in the child care service in writing when an investigation is started by a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police into a matter involving both a child registered in the child care service and a child care service provider, employee, student, volunteer or other person who assists or provides services in the operation of the child care service, unless directed otherwise by the investigating authority. (2) Where a child care service is operated in a family home, an administrator shall notify the minister and a parent of every child registered in the child care service in writing when an investigation is started under the Children, Youth and Families Act or by a member of the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police into a matter involving both a child registered in the child care service and a child care service provider, employee, student, volunteer or other person who assists or provides services in the operation of the child care service or a resident of the family home, unless directed otherwise by the investigating authority. 39/17 s49 ; 2018 cC-12.3 s129 Back to Top Hours of operation 50. (1) A child care service shall only be operated between the hours of 6:30 a.m. and 8:30 p.m. (2) The minister may approve hours of operation other than those hours referred to in subsection (1). (3) A person shall request an approval under subsection (2) in writing. 39/17 s50 Back to Top Insurance coverage 51. At least $2 million in commercial general liability insurance coverage shall be carried with respect to the operation of a child care service. 39/17 s51 PART IV CENTRES Back to Top Application 52. This Part applies only to the following: (a) child care service providers that operate a child care service in a centre and are required to hold a child care service licence; and (b) child care services that are operated in a centre under a child care service licence and the facilities in which they are operated. 39/17 s52 Back to Top Homerooms 53. (1) A child registered in a child care service shall be assigned to a homeroom and shall participate in the child care service with the other children assigned to that homeroom during the majority of time the child participates in the child care service. (2) A homeroom shall be for the exclusive use of the children assigned to it. (3) The number of children assigned to each homeroom shall not exceed the maximum number permitted under section 54. (4) The children who are assigned to the same homeroom shall be in the same age range. (5) Where a child is moved to a homeroom of children in a different age range, the approval of a manager is required before that child may be returned to a homeroom of children in the original age range. (6) Notwithstanding subsection (4), a child is not required to change homerooms between September 1 of a year and August 31 of the following year even though the child may have a birthday that moves the child into a different age range where on September 1 (a) the children assigned to the child’s homeroom are in the school age range; or (b) the child is in the infant age range or the toddler age range and the child participates in a child care service that is operated in a school under the Schools Act, 1997 and is for children of persons who are enrolled in and attend the school. (7) Notwithstanding subsection (4) and the definition of "child" under the Act, a child may continue to participate in a child care service until August 31 of the calendar year that follows the start of the school year in which the child becomes 13 years old. (8) Notwithstanding subsection (4), children of 2 age ranges may be assigned to the same homeroom, where all the children in the homeroom are (a) in the infant age range or the toddler age range and none of the children are one year old or younger and not more than 3 children are 2 years old or younger; (b) in the toddler age range or the pre-school age range and none of the children are 2 years old or younger and not more than 5 children are 3 years old or younger; or (c) in the pre-school age range or the school age range and none of the children are 3 years old or younger and no children are 7 years or older. (9) Notwithstanding paragraph (8)(a), children who are one year old or younger may be assigned to a homeroom with children in the infant age range and the toddler age range where the child care service is operated in a school under the Schools Act, 1997 for children of persons who are enrolled in and attend the school. (10) A manager may waive the requirement under subsection (4) and permit children in 3 age ranges to be assigned to the same homeroom where (a) the child care service or child care service provider held a valid licence under the Child Care Services Act on the coming into force of these regulations and that licence permitted children in those 3 age ranges to be assigned to the same homeroom; and (b) the manager is satisfied that the needs of the children assigned to that homeroom shall be met through the program of the child care service referred to in section 21. (11) A person shall request a waiver under subsection (10) in writing. 39/17 s53 ; 41/22 s19 Back to Top Caregiver to child ratio 54. (1) A maximum of 6 children shall be assigned to a homeroom of children in the infant age range and the caregiver to child ratio for that homeroom shall be one caregiver to 3 children. (2) A maximum of 10 children shall be assigned to a homeroom of children in the toddler age range and the caregiver to child ratio for that homeroom shall be one caregiver to 5 children. (3) A maximum of 16 children shall be assigned to a homeroom of children in the pre-school age range and the caregiver to child ratio for that homeroom shall be one caregiver to 8 children. (4) A maximum of 20 children shall be assigned to a homeroom of children in the pre-kindergarten age range and the caregiver to child ratio for that homeroom shall be one caregiver to 10 children. (5) A maximum of 30 children shall be assigned to a homeroom of children in the school age range and the caregiver to child ratio for that homeroom shall be one caregiver to 15 children. (6) At least one caregiver who has at least level I certification shall be assigned to every homeroom of children in the infant age range, toddler age range, pre-school age range and school age range and that caregiver shall also have the applicable classification for the age range of the children participating in the homeroom. (6.1) At least one caregiver who has at least level III certification and a pre-kindergarten classification shall be assigned to every homeroom of children in the pre-kindergarten age range. (6.2) All caregivers who are considered to be a part of the caregiver to child ratio in a pre-kindergarten program shall complete an orientation course regarding the provincial early learning framework. (7) Where more than one caregiver is required to be assigned to a homeroom by the caregiver to child ratio, the second and subsequent caregivers shall hold at least trainee certification. (8) Notwithstanding subsection (7), where there are more than 3 children that are 2 years old or younger assigned to the same homeroom, the second caregiver assigned to that homeroom shall also hold at least level I certification. (9) Where children of more than one age range are assigned to a homeroom under subsection 53(8) or (9), the caregiver to child ratio of the homeroom and the maximum number of children assigned to the homeroom shall be determined as though all the children assigned to that homeroom were in the age range of the youngest child. (10) Notwithstanding subsection (9), where children in the toddler age range and the pre-school age range are assigned to the same homeroom under paragraph 53(8)(b), the caregiver to child ratio of the homeroom shall be one caregiver to 7 children and the maximum number of children assigned to the homeroom shall be 14 children. (11) [Rep. by 41/22 s20] 39/17 s54 ; 66/17 s3 ; 70/17 s1 ; 41/22 s20 Back to Top Administrator 55. (1) An administrator shall be designated for every 5 homerooms. (2) Notwithstanding subsection (1), there shall be at least one administrator designated for every centre. (3) A person is eligible to be designated as an administrator where the person meets both of the following requirements: (a) the person holds at least level II certification in child care provided in a centre which is in the age ranges of the children registered in the child care service; and (b) the person has at least 2 years experience in a child care service operated in a centre under a valid child care service licence that permits at least 8 children to participate in the child care service at any one time. (3.1) Notwithstanding paragraph (3)(a), where the centre operates a pre-kindergarten program, the person shall, in addition to the requirements in paragraph (3)(a), hold at least a level III certification in child care provided in a centre with a pre-kindergarten classification. (4) A manager may waive one of the requirements under subsection (3) or (3.1) for an administrator in relation to a specific child care service. (5) A person shall request a waiver under subsection (4) in writing. (6) A waiver under subsection (4) is valid for a maximum of one year and may be renewed a maximum of 4 times. 39/17 s55 ; 41/22 s21 Back to Top Indoor space generally 56. (1) A centre shall not be located more than one floor above the ground. (2) Homerooms for children in the infant age range shall be on the ground floor of the centre. (3) The indoor area of a centre, or a part of it, shall not be used for a purpose other than the operation of the child care service during the hours of operation of the child care service. (4) The walls of the indoor area of a centre shall extend from the floor to the ceiling and shall be permanent. (5) The indoor area of the centre shall include a quiet and clean resting area for children who are ill. 39/17 s56 Back to Top Prohibited furniture and equipment 57. Play pens, baby walkers, jumping apparatus and wading pools are not permitted at a centre. 39/17 s57 Back to Top Requirements of homerooms 58. (1) The floor space of every homeroom shall be at least 3.3 square metres multiplied by the number of children assigned to that homeroom. (2) Space occupied by the following items, areas or rooms shall not be included in the calculation of the floor space of a homeroom: (a) fixed equipment; (b) hallways; (c) washroom areas under subsection (6) and section 60; (d) administrative areas; and (e) food preparation areas. (3) Notwithstanding subsection (1), a homeroom shall not be smaller than 24 square metres. (4) Every homeroom shall provide natural light through one or more windows which are at a height that permits the children assigned to the homeroom to see outside. (5) One or more first aid kits shall be available in every homeroom. (6) Where children in the infant age range or the toddler age range are assigned to a homeroom, that homeroom shall have a washroom area within it with a diapering station and a child sized washbasin and shall permit supervision of both the homeroom and the washroom area at the same time. (7) Where children in the infant age range are assigned to a homeroom, that homeroom shall have a sleep room attached to it that (a) is separated from the homeroom by a door; (b) is directly accessible from the homeroom; and (c) permits supervision of both the homeroom and the sleep room at the same time. 39/17 s58 ; 41/22 s22 Back to Top Administrative area 59. (1) A centre shall have an administrative area for the use of the child care service provider and the employees, students and volunteers who assist and provide services in the operation of the child care service. (2) The records of the children registered in the child care service shall be kept in the administrative area. (3) The door of the administrative area shall be locked when the administrative area is not in use. 39/17 s59 Back to Top Washroom area 60. (1) A centre shall have (a) one or more washroom areas; and (b) at least one toilet and washbasin for every 10 children who participate in the child care service at one time. (2) [Rep. by 41/22 s23] (3) Portable potty seats with a catch basin for waste shall not be used. (4) A washroom area for the use of children while they are participating in a child care service shall be (a) directly accessible from every homeroom and shall be supervised; and (b) configured so that a child cannot see another child while the child is toileting. (5) A centre shall have a washroom area for the exclusive use of the child care service provider and the employees, students and volunteers who assist or provide services in the operation of the child care service that is separate and apart from the washroom area used by the children participating in the child care service. (6) The washroom areas shall be for the exclusive use of persons associated with the child care service during the hours of operation of the child care service. 39/17 s60 ; 41/22 s23 Back to Top Building 61. A centre within a dwelling house shall have a separate entrance from the entrance used by the residents of the dwelling house and shall not be accessible from the part of the dwelling house that is not the centre. 39/17 s61 Back to Top Outdoor play area generally 62. (1) Where a full-time child care service is operated in a centre, the facility shall have an outdoor play area that is at least 7 square metres multiplied by the maximum number of children who may participate in the child care service at one time. (2) The outdoor play area of a centre, or a part of it, shall not be used for a purpose other than the operation of the child care service during the hours of operation of the child care service. (3) Notwithstanding subsections (1) and (2), a child care service that is operated in a centre and does not offer a full-time child care service may use a public area as an outdoor play area. 39/17 s62 Back to Top Enclosure and surface 63. (1) The outdoor play area shall have 2 or more types of surfaces. (2) Where a centre has one or more homerooms to which children in the infant age range are assigned and one or more homerooms to which children in a different age range are assigned, the outdoor play area shall have a separate enclosed area for the use of the children in the infant age range that meets the requirements under subsections 39(1) to (6), section 41, subsections 62(1) and 63(1), section 64 and paragraphs 65(1)(a) and (b) as though it were a separate outdoor play area. 39/17 s63 Back to Top Outdoor play structures 64. (1) In addition to the requirements under section 39, a play structure for use in an outdoor play area of a centre shall be designated by the manufacturer as designed for commercial use. (2) Notwithstanding subsection (1), where a play structure is not designated by the manufacturer as designed for commercial use, it may be used in an outdoor play area of a centre where it has been approved by an inspector appointed under the Act as safe for use in a centre. (3) Approval of a play structure under subsection (2) shall be obtained (a) within a year of the coming into force of these regulations where t h e play structure was being used at a centre in which a child care service (i) was being operated under a valid licence issued under the Child Care Services Act on the coming into force of these regulations, and (ii) is being operated in the same centre in which it was being operated on the coming info force of these regulations; or (b) before the play structure is used at the centre. 39/17 s64 ; 70/17 s2 Back to Top Inspections of outdoor play areas 65. (1) An administrator of a child care service shall ensure that (a) before children participating in a child care service enter an outdoor play area that is part of the facility, it is inspected to determine whether it is free of hazardous materials and whether repairs to, or removal of, play materials or play structures is required; and (b) all outdoor play areas that are part of the facility are inspected at least once a month for the purpose of determining the maintenance required. (2) A written record of every inspection shall be prepared and it shall include the date of the inspection, the name of the person who completed the inspection and the results of the inspection including the remedial action taken. 39/17 s65 Back to Top Waiver of building and outdoor play area requirements 66. (1) A manager may waive one or more of the requirements under subsections 23(1) and 35(1), paragraph 39(1)(a), subsections 56(4), 58(3), 58(4), 58(6) and 59(1), paragraph 60(1)(b), subsections 60(4) and 60(5), section 61 and subsection 62(1) for a facility in which a child care service is operated where that child care service (a) was being operated under a valid licence issued under the Child Care Services Act on the coming into force of these regulations; and (b) is being operated in the same facility in which it was being operated on the coming into force of these regulations. (1.1) The minister may waive one or more of the requirements under subsections 23(1) and 35(1), paragraph 39(1)(a), subsections 56(4), 58(3), 58(4), 58(6) and 59(1), paragraph 60(1)(b), subsections 60(4) and 60(5), section 61 and subsection 62(1) for a facility in which a child care service is operated where (a) that child care service (i) was operated under a valid licence issued under the Child Care Services Act at any time in the 5 years before the coming into force of these regulations, (ii) is being operated in the same facility in which it was being operated under a valid licence issued under the Child Care Services Act , and (iii) is being operated by the same child care service provider who operated the child care service under a valid licence issued under the Child Care Services Act ; and (b) the minister is satisfied that (i) the operation of this specific child care service in this specific facility is urgently required, (ii) there are exceptional circumstances which warrant the requirement being waived, such as the facility is in a remote location or there is a barrier to meeting the requirement, and (iii) there is a reasonable plan to meet the requirement being waived within one year of the date of the waiver. (1.2) A manager may waive one or more of the requirements under subsections 58(4), 59(1) and 59(2), paragraph 60(4)(a) and subsection 60(5) where the child care service provides child care for children in the school age range and is operated in a school under the Schools Act, 1997 , a church or other community facility. (2) A person shall apply for a waiver under this section in writing. (3) Where a person applies for a waiver under subsection (1.1), the person shall provide the minister with a plan to meet the requirement being waived in writing. (4) A waiver under subsection (1.1) is valid for a maximum of one year and may be renewed once for a maximum of 6 months. 39/17 s66 ; 66/17 s4 ; 95/18 s1 ; 41/22 s24 Waiver of requirements for pre-kindergarten program 66.1 Where a child care service provider solely operates a pre-kindergarten program, a manager may waive (a) the requirements under subsections 59(1) and (2) where (i) an alternate plan for the administration area and the keeping of records of children is submitted, and (ii) the plan is approved by the manager; (b) the requirements under paragraph 60(1)(b) and subsections 60(5) and (6) where (i) an alternate plan for access to washrooms and toilets is submitted, (ii) the plan referred to in subparagraph (i) ensures that the washroom for the child care service provider, employees, students and volunteers is different from the washroom for children, and (iii) the plan is approved by the manager; and (c) the requirements under paragraph 39(1)(d) and subsections 39(2), 39(3), 62(2) and 63(1) where (i) an alternate plan for access to and use of outdoor play materials and equipment including a schedule of use is submitted, (ii) a plan for the use of existing outdoor play area structures and temporary enclosures is submitted which includes a clearly defined designated outdoor play area to be used by the pre-kindergarten program, (iii) a plan for any necessary renovations required to be completed to ensure that the child care service complies with the requirements under subsections 39(2), 39(3) and 63(1) in the time period determined by the manager is submitted, and (iv) the plans referred to in subparagraphs (i), (ii) and (iii) are approved by the manager. 41/22 s25 PART V FAMILY HOMES Back to Top Application 67. This Part applies only to the following: (a) child care service providers who operate a child care service in a family home under a child care service licence; (b) affiliated child care service providers; and (c) child care services that are operated in a family home and the facilities in which they are operated. 39/17 s67 Back to Top Floor space 68. (1) The floor space of the areas of the family home used for the child care service set out in the plans of the facility required under section 4 shall be at least 3.3 square metres multiplied by the maximum number of children who may participate in the child care service at any one time. (2) Space occupied by washrooms and administrative areas shall not be included in the calculation of the floor space under subsection (1). 39/17 s68 Back to Top Caregiver to child ratio 69. (1) The administrator of a child care service that is operated in a family home shall (a) be a caregiver to the children who participate in the child care service; (b) live in the family home; and (c) hold at least trainee certification in child care provided in a family home. (2) Notwithstanding paragraph (1)(c), where all the children that participate in a child care service are in the infant age range, the administrator of that child care service shall hold at least level I certification in child care provided in a family home in the infant age range. (3) The number of children participating in a child care service in a family home at one time shall be determined after reviewing (a) the ages of the children; (b) the needs of the children; (c) the physical configuration of the family home; (d) the program of the child care service referred to in section 21; and (e) the number of and reason for any violation orders or non-compliance orders previously issued in relation to the administrator, the child care service or the facility. (4) Notwithstanding anything in this section, not more than 3 children shall participate in a child care service operated in a family home at one time where those children are in the infant age range. (5) [Rep. 70/17, s3] (6) Notwithstanding anything in this section, not more than 5 children shall participate in a child care service operated in a family home at one time where 2 of those children are in the infant age range and 3 of those children are in the toddler age range. (7) Notwithstanding anything in this section, not more than 6 children shall participate in a child care service operated in a family home at one time where 2 of those children are in the infant age range and 2 of those children are in the toddler age range. (8) Notwithstanding anything in this section, not more than 7 children shall participate in a child care service operated in a family home at one time where none of those children are in the infant age range and no more than 2 children are in toddler age range. 39/17 s5 ; 70/17 s3 ; 41/22 s26 Back to Top Child care service provider's children 70. (1) The child care service provider's own children who are in the infant age range, toddler age range and pre-school age range shall be counted toward the number of children participating in the child care service under section 69. (1.1) Notwithstanding subsection (1), where the child care service provider's own children participate in a child care service outside of the family home, subsection (1) does not apply where (a) the child care service provider submits an alternate child care plan for the child care service provider's children; and (b) the plan is approved by the manager or agency. (2) Where the child care service provider's own children include more than 2 children who are in the school age range, 2 of those children shall not be counted toward the number of children participating in the child care service under section 69. 39/17 s70 ; 41/22 s27 Back to Top First aid kit 71. One or more first aid kits shall be available in a family home. 39/17 s71 Back to Top Furniture and equipment 72. Baby walkers, jumping apparatus and wading pools shall not be used by children while they are participating in a child care service operated in a family home. 39/17 s72 Back to Top Outdoor play area 73. A family home may use a public area as an outdoor play area. 39/17 s73 Back to Top Records of residents 74. The administrator shall keep the following for every person who lives in the family home: (a) where the person is 18 years old or older, a copy of a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for that person that are no more than 3 years old and are satisfactory to the administrator; (b) where the person holds a diploma in first aid, a copy of that diploma; and (c) a copy of the person’s current record of immunization. 39/17 s74 ; 41/22 s28 PART VI AGENCIES Back to Top Monitors 75. A person shall not be a monitor unless all of the following requirements are met: (a) the person holds at least level II certification; (b) the person has at least 2 years experience in a child care service operated in a family home where either the child care service provider holds a valid child care service licence or the child care service is operated by an affiliated child care service provider who holds a valid approval certificate; (c) a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for that person are no more than 3 years old and are satisfactory to the agent; (d) the person holds a diploma in first aid from an organization approved by the minister that is no more than 3 years old; and (e) the following documents are in the file required under section 78 for that person: (i) a copy of the person’s certification required under paragraph (a) that is no more than 3 years old, (ii) a copy of the documents referred to in paragraph (c), (iii) a copy of the person’s diploma in first aid required under paragraph (d), and (iv) current record of immunization. 39/17 s75 ; 41/22 s29 Back to Top Duties of monitors 76. (1) Monitors shall prepare a written report of every visit to an affiliated child care service provider, a child care service operated by an affiliated child care service provider and a family home. (2) The report shall be provided to the affiliated child care service provider and the agent. 39/17 s76 Back to Top Records to be kept 77. (1) An agent shall keep at the facility the following information and documentation in relation to every child care service operated by an affiliated child care service provider: (a) contact information for the administrator; (b) a copy of the certification of the administrator that is no more than 3 years old; (c) a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for the administrator that are no more than 3 years old and are satisfactory to the agent; (d) a copy of the administrator's diploma in first aid that is no more than 3 years old; (e) a copy of the administrator's current record of immunization; (f) contact information for the parents of the children registered in the child care service; (g) the affiliated child care service provider's application for an approval certificate and any other materials provided during the application process; (h) a copy of the issued approval certificate; (i) a copy of the inspection reports prepared in relation to the child care service, its facility or the child care service provider; (j) a copy of the provincial and municipal approvals required to operate the child care service; (k) a copy of proof of commercial insurance coverage and, where appropriate, automobile insurance coverage; (l) reports prepared by monitors; and (m) a copy of non-compliance orders issued by the agency against the child care service operated by the affiliated child care service provider. (2) Unless otherwise provided for in the Act or these regulations, a person who is an employee, student or volunteer of an agency or who assists or provides services in the operation of an agency shall not have access to the records of the children who participate in a child care service operated by an affiliated child care service provider of the agency unless a certified criminal records check or criminal records screening certificate, and a vulnerable sector records check for that person are (a) no more than 3 years old; (b) satisfactory to agent; and (c) part of the file required under section 78 for that person. (3) Unless otherwise provided for in the Act or these regulations, a person who is an employee, student or volunteer of an agency or who assists or provides services in the operation of an agency shall not have contact with the children who participate in a child care service operated by an affiliated child care service provider of the agency unless the following requirements are met along with the requirements under subsection (2): (a) the person holds a diploma in first aid from an organization approved by the minister that is no more than 3 years old; and (b) the following documents are part of the file required under section 78 for that person: (i) a copy of the person’s diploma in first aid required under paragraph (a), and (ii) current record of immunization. 39/17 s77 ; 66/17 s6 ; 41/22 s30 Back to Top File 78. (1) An agent shall keep a file at the facility for every affiliated child care service provider, monitor, employee, student and volunteer who assists or provides services in the operation of the agency or has contact with the children registered in a child care service approved by the agency or with the records of those children. (2) Files under subsection (1) shall be kept in a locked enclosure. 39/17 s78 Back to Top Notifying parents and managers 79. (1) An agent shall notify its affiliated child care service providers and a parent of every child registered in the child care services operated by the agency's affiliated child care service providers in writing where (a) the agency is closed or anticipates being closed during its regular hours of operation, including closures due to holidays and a permanent closure; (b) the licence of the agency is renewed, varied, suspended, revoked or expires including the details of the renewal, variation, suspension, revocation or expiration; and (c) a violation order is issued against the agency in general. (2) An agent shall notify a parent of every child registered in a child care service operated by one of the agency's affiliated child care service providers in writing where (a) the approval certificate of that affiliated child care service provider is renewed, varied, suspended, revoked or expires including details of the renewal, variation, suspension, revocation or expiration; (b) a non-compliance order is issued by the agency in relation to that affiliated child care service provider or its child care service; and (c) a violation order is issued against the agency in relation to that affiliated child care service provider or its child care service. (3) Where an agent notifies a parent under paragraph (2)(b), the agent shall also notify the parent of the requirement for non-compliance orders to be posted in the family home. (4) An agent shall notify a manager in writing when (a) the agency starts or stops monitoring an affiliated child care service provider, including when an approval certificate is issued, renewed, suspended, revoked or expires; and (b) the agency closes or anticipates closing permanently. (5) A copy of the notification required under subsections (1) to (4) shall be posted in the same place the agency licence is posted. 39/17 s79 Back to Top Insurance coverage 80. At least $2 million in commercial general liability insurance coverage shall be carried with respect to the operation of an agency. 39/17 s80 PART VII INSPECTORS Back to Top Qualifications 81. A person is eligible to be appointed as an inspector under the Act by the minister where the person (a) holds at least level IV certification and has experience in a child care service operated under a valid child care service licence; (b) is a registered social worker; or (c) is an employee of the Department of Health and Community Services or Service Newfoundland and Labrador . 39/17 s81 ; 41/22 s31 PART VIII TRANSITIONAL AND COMMENCEMENT Back to Top Transitional 82. (1) Certification issued under the Child Care Services Act before the coming into force of these regulations shall continue to be valid until it expires. (2) Entry level certification issued under the Child Care Services Act shall be considered to be trainee certification on the coming into force of these regulations. 39/17 s82 Back to Top Repeal 83. The Child Care Services Regulations, 2005 , Newfoundland and Labrador Regulation 89/05, are repealed. 39/17 s83 Back to Top Commencement 84. These regulations come into force on the date the Act comes into force. (In force Jul.31/17) 39/17 s84