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ontario regulation 505/06

made under the

Day Nurseries Act

Made: November 2, 2006
 Filed: November 3, 2006
Published on e-Laws: November 6, 2006
Printed in The Ontario Gazette: November 18, 2006


Amending Reg. 262 of R.R.O. 1990

(General)

1. (1) Section 1 of Regulation 262 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“adjusted income” means adjusted income as defined in section 122.6 of the Income Tax Act

(Canada); (“revenu modifié”)

(2) The definitions of “liquid assets” and “person in need” in section 1 of the Regulation are revoked.

2. (1) The French version of paragraph 4 of subsection 2 (2) of the Regulation is amended by striking out “services à l’enfance” and substituting “services de garde d’enfants”.

(2) The French version of paragraph 10 of subsection 2 (2) of the Regulation is amended by striking out “services à l’enfance” and substituting “services de garde d’enfants”.

3. (1) Clause 4 (1) (e) of the Regulation is amended by striking out “Building Code Act” and substituting “Building Code Act, 1992”.

(2) Clause 4 (1) (f) of the Regulation is amended by striking out “Fire Marshals Act” and substituting “Fire Protection and Prevention Act, 1997”.

4. (1) Section 8 of the Regulation is amended by striking out “and” and the end of clause (c) and by revoking clause (d) and substituting the following:

(d) where the day nursery is licensed to care for children 44 months of age or over and up to and including 67 months of age as of August 31 of the year, a separate play activity room for each 20 children or less based on the licensed capacity;

(e) where the day nursery is licensed to care for children 56 months of age or over and up to and including 67 months of age as of August 31 of the year, a separate play area for each 24 children or less based on the licensed capacity; and

(f) where the day nursery is licensed to care for children 68 months of age or over as of August 31 of the year up to and including 12 years of age, a separate play area for each 30 children or less based on the licensed capacity, unless otherwise approved by a Director.

(2) Section 8 of the Regulation is amended by adding the following subsection:

(2) In respect of operators who held a licence before November 3, 2006, this section as it read immediately before November 3, 2006 continues to apply to those operators until the licence is renewed under subsection 75 (7).

5. Clause 19 (b) of the Regulation is amended by striking out “all firearms” and substituting “all firearms and ammunition”.

6. Clause 22 (b) of the Regulation is revoked and the following substituted:

(b) used by children under 44 months of age as of August 31 of the year, is fenced to a minimum height of 1.2 metres and the fence is furnished with one or more gates that are securely closed at all times;

(b.1) used by children 44 months of age or over and up to and including 67 months of age as of August 31 of the year, is fenced to a minimum height of 1.2 metres and the fence is furnished with one or more gates that are securely closed at all times, unless otherwise approved by the Director; and

7. The Regulation is amended by adding the following section:

36.1 (1) Every operator shall ensure that each day nursery operated by the operator and that each location where private-home day care is provided by the operator has an anaphylactic policy that includes the following:

1. A strategy to reduce the risk of exposure to anaphylactic causative agents.

2. A communication plan for the dissemination of information on life-threatening allergies, including anaphylactic allergies.

3. Development of an individual plan, with input from the child’s parent or guardian and the child’s physician, for each child with an anaphylactic allergy that includes emergency procedures in respect of the child.

4. Training from a physician or a parent on procedures to be followed in the event of a child having an anaphylactic reaction.

(2) The individual plan for a child with anaphylaxis and the emergency procedures in respect of the child shall be reviewed as follows:

1. By all employees before they begin their employment and at least annually afterwards.

2. By volunteers and students who will be providing care or guidance at the day nursery before they begin providing that care or guidance and at least annually afterwards.

3. By the person in charge of a location where private-home day care is provided before the child is placed at that location and at least annually afterwards.

4. By volunteers and students who will be providing care or guidance at a premises where private-home day care is provided before they begin providing that care or guidance and at least annually afterwards.

5. By persons who are ordinarily residents of the premises where private-home day care is provided before the child is placed at that location and at least annually afterwards.

(3) In this section,

“anaphylaxis” means a severe systemic allergic reaction which can be fatal, resulting in circulatory collapse or shock, and “anaphylactic” has a corresponding meaning.

8. Subclause 37 (1) (a) (ii) of the Regulation is amended by striking out “Narcotic Control Act (Canada)” and substituting “Controlled Drugs and Substances Act (Canada)”.

9. Clause 40 (1) (a) of the Regulation is amended by striking out “a child five years of age or over” and substituting “a child who is 44 months of age or over as of August 31 of the year”.

10. (1) Clause 48 (1) (g) of the Regulation is revoked.

(2) Clause 48 (6) (a) of the Regulation is amended by striking out “clauses (1) (b), (c), (f), (g) and (j)” and substituting “clauses (1) (b), (c), (f), (j) and (k)”.

11. (1) Subsection 53 (5) of the Regulation is amended by striking out “and” at the end of clause (b) and by revoking clause (c) and substituting the following:

(c) a child under 44 months of age as of August 31 of the year and who is unable to sleep during the rest period is not kept in bed for longer than one hour and is permitted to engage in quiet activities; and

(d) a child 44 months of age or over and up to and including 67 months of age as of August 31 of the year and who is unable to sleep during the rest period is permitted to engage in quiet activities.

(2) Section 53 of the Regulation is amended by adding the following subsection:

(5.1) In respect of operators who held a licence before November 3, 2006, this section as it read immediately before November 3, 2006 continues to apply to those operators until the licence is renewed under subsection 75 (7).

12. The Regulation is amended by adding the following section:

59.1 In respect of operators who held a licence before November 3, 2006, for the purpose of the following provisions, Schedule 3 as it read immediately before November 3, 2006 continues to apply to those operators until the licence is renewed under subsection 75 (7):

1. Subsection 55 (1).

2. Clause 55 (2) (b).

3. Subsection 55 (3).

4. Subsection 55 (6).

5. Subsection 55 (7).

6. Subsection 59 (1).

13. The Regulation is amended by adding the following sections immediately before the heading “Computation of Provincial Grant”:

Income Test

66.2 (1) The following persons are eligible, as parents, for assistance with the cost of child care:

1. Persons eligible for income support under the Ontario Disability Support Program Act, 1997.

2. Persons eligible for an allowance under the Family Benefits Act.

3. Persons eligible for income assistance under the Ontario Works Act, 1997 who are employed or participating in employment assistance activities under that Act or both.

4. Persons who are eligible for assistance on the basis of their adjusted income.

(2) A parent who falls into paragraph 1, 2 or 3 of subsection (1) who is the recipient of a child care subsidy,

(a) shall, subject to clause (b), be fully subsidized for the cost of child care; or

(b) shall be provided with the amount of funding for child care provided under paragraph 7 of subsection 66.1 (2), if the parent is being provided with funding under that provision.

(3) A parent is eligible for assistance under paragraph 4 of subsection (1) if the amount that the parent would pay for child care on the basis of their adjusted income, as determined under section 66.4, is less than the amount the parent would otherwise pay for child care.

66.3 (1) Every year parents may apply to a delivery agent for assistance with the cost of child care.

(2) Subject to subsection (3), parents applying for assistance with the cost of child care on the basis of their adjusted income shall file with the delivery agent,

(a) a copy of their Notice of Assessment or Canada Child Tax Benefit Notice for the previous year; or

(b) if their Notice of Assessment or Canada Child Tax Benefit Notice for the previous year is not available, a copy of their most recent available Notice of Assessment or Canada Child Tax Benefit Notice.

(3) Parents who are applying for assistance with the cost child care on the basis of their adjusted income that were non-residents in Canada in the previous year are not required to file the documents referred to in subsection (2) and their adjusted income is deemed to be $0 for the purpose of their application for assistance.

66.4 (1) The amount of the child care subsidy for which a parent is eligible on the basis of their adjusted income is the amount by which the amount that the parent would otherwise pay for child care exceeds the amount the parent would pay as calculated under subsection (2) or (3).

(2) A parent shall not pay any of the cost of child care for their children, if the parent is the recipient of a child care subsidy and,

(a) has a total adjusted income of $20,000 or less; or

(b) the amount the parent would contribute on the basis of their adjusted income for each month of child care, as calculated under subsection (3), is less than $10.

(3) If a parent is the recipient of a child care subsidy and has a total adjusted income of more than $20,000, the parent shall pay, for each month the child is in care, the amount for the cost of child care for their children determined by the following calculation:

((A × .10) + (B × .30)) ÷ 12

where,

A is the amount by which their adjusted income exceeds $20,000 but is not more than $40,000, and

B is the amount by which their adjusted income exceeds $40,000.

(4) Delivery agents shall calculate the daily amount paid for child care by parents who fall within subsection (3) in accordance with the following calculation:

A ÷ (B × 4.35)

where,

A is the monthly amount paid by the parent for child care determined under subsection (3), and

B is the number of days per week the child attends child care.

66.5 (1) Despite the definition of adjusted income in section 1, if a parent of a child has a disability or the child is a handicapped child, the delivery agent shall reduce the adjusted income of the parent by the amount of any expenses related to the disability for which the parent is not reimbursed and for which there are no deductions under the Income Tax Act (Canada) and the reduced adjusted income shall be treated as the parent’s adjusted income for the purposes of section 66.4.

(2) For the purposes of this section a parent has a disability if,

(a) the person has a substantial physical or mental impairment that is continuous or recurrent and that is expected to last one year or more; and

(b) the direct and cumulative effect of the impairment on the person’s ability to attend to his or her personal care, function in the community and function in a workplace results in a substantial restriction in one or more of these activities of daily living.

(3) For the purposes of this section, the following persons may determine whether a person has a disability or a child is a handicapped child:

1. A member of the College of Physicians and Surgeons of Ontario.

2. A member of the College of Psychologists of Ontario.

3. A member of the College of Optometrists of Ontario.

4. A member of the College of Nurses of Ontario who is a registered nurse and who holds an extended certificate of registration in accordance with the regulations made under the Nursing Act, 1991.

66.6 (1) A parent may apply to the delivery agent during the year for a decrease in the amount he or she pays for the cost of child care if the parent has a reduction in their adjusted income of 20 per cent or more during the year compared to their adjusted income,

(a) in the previous year; or

(b) in the year before the previous year, if proof of their adjusted income is not available for the previous year.


(2) On application under subsection (1), the delivery agent may recalculate the child care subsidy in accordance with this section.

(3) In applying for a decrease under subsection (1), the parent shall provide satisfactory evidence of the reduction in income and of the amount of the reduction to the delivery agent.

(4) If a delivery agent is satisfied that there has been a reduction of 20 per cent or more in adjusted income, the delivery agent shall re-calculate the amount that the parent pays for child care using the reduced adjusted income as the basis of the calculation under section 66.4.

66.7 (1) Despite sections 66.2 and 66.4, a parent who was a person in need with respect to a child in child care before January 1, 2007 may receive assistance with the cost of child care in respect of that child in accordance with this section.

(2) If the amount that the parent would pay under section 66.4 is greater than the amount the parent would have paid as a person in need as calculated on the basis of this Regulation as it read on December 31, 2006, the parent shall continue to pay the lesser amount.

(3) This section continues to apply with respect to a child in child care before January 1, 2007 until September 1 of the year in which the child turns six years of age.

(4) In each year in which this section applies, the amount the parent pays for child care is the amount the parent would have paid as a person in need as calculated on the basis of this Regulation as it read on December 31, 2006.

(5) Despite subsection (3), if a parent’s adjusted income increases by 20 per cent or more in a year over the adjusted income as determined in the first year the parent applied for assistance under subsection 66.3 (1), the amount the parent pays for child care is the amount determined under section 66.4 and this section ceases to apply in that year and in subsequent years in which it otherwise would have applied.

(6) If a parent who received a child care subsidy as a person in need with respect to a child before January 1, 2007 has another child who was not in child care before January 1, 2007 or who is older than six years of age or, after September 1 in the year, turns six years of age in the year, the cost of child care is determined in accordance with the following procedure:

1. Determine the weekly cost of child care for all children based on the delivery agent’s daily or monthly rate.  Do not include children who were not in child care before January 1, 2007 and children who are older than six years of age or, after September 1 in the year, children who turn six years of age in the year.

2. Determine the weekly cost for child care for the following children based on the delivery agent’s daily or monthly rate,

i. children who are older than six years of age and, after September 1 in the year, children who turn six years of age in the year, and

ii. children who were not in child care before January 1, 2007.

3. Determine the total weekly cost of child care for all children in the family.

4. Determine the percentage of the total cost of child care that relates to children included in paragraph 1.  The child care subsidy for these children is the amount calculated in accordance with this Regulation as it read on December 31, 2006 at the most recent date of application multiplied by the percentage of the total cost attributed to these children.

5. Determine the percentage of the total cost of child care that relates to children included in paragraph 2.  The child care subsidy for these children is the amount determined in accordance with section 64.4 at the most recent date of application multiplied by the percentage of the total cost attributed to these children.

(7) Despite any thing in this section, if the amount that the parent to whom this section applies would pay under section 64.4 is less than the amount the parent would have paid as a person in need as calculated on the basis of this Regulation as it read on December 31, 2006, the parent shall pay the amount determined under section 64.4.

14. (1) Subsection 67.1 (3) of the Regulation is revoked and the following substituted:

(3) The amount payable to a delivery agent under an agreement with the delivery agent under section 7.2 of the Act with respect to the services prescribed under paragraphs 5 and 6 of subsection 66.1 (2) is,

(a) with respect to children whose parents are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7 and who are in attendance at day nurseries or private-home day care in municipalities, 80 per cent of the net cost of providing those day nursery services or that private-home day care for those children;

(b) with respect to children whose parents are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7 and who are in attendance at day nurseries or private-home day care in municipalities, 50 per cent of the delivery agent’s costs of administration attributable to the purchase of those day nursery services or that private-home day care, as approved by the Director;

(c) with respect to children whose parents are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7 and who are in attendance at day nurseries or private-home day care in territory without municipal organization, 100 per cent of the net cost of providing those day nursery services or that private-home day care for those children;

(d) 100 per cent of the delivery agent’s costs of administration attributable to the purchase of day nursery services or private-home day care for children whose parents are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7 and who are in attendance at day nurseries or private-home day care in territory without municipal organization, as approved by the Director;

(e) 50 per cent of the costs incurred by the delivery agent under the agreement with respect to determining whether parents in municipalities are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7;

(f) 100 per cent of the costs incurred by the delivery agent under the agreement with respect to determining whether parents in territory without municipal organization are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7;

(g) with respect to wage subsidies or provider enhancement grants in municipalities, 80 per cent of the costs of providing those wage subsidies or those provider enhancement grants;

(h) with respect to wage subsidies or provider enhancement grants in municipalities, 50 per cent of the delivery agent’s costs of administration attributable to the provision of those wage subsidies or those provider enhancement grants, as approved by the Director;

(i) with respect to wage subsidies or provider enhancement grants in territory without municipal organization, 100 per cent of the costs of providing those wage subsidies or those provider enhancement grants; and

(j) with respect to wage subsidies or provider enhancement grants in territory without municipal organization, 100 per cent of the delivery agent’s costs of administration attributable to the provision of those wage subsidies or those provider enhancement grants, as approved by the Director.

(2) Subsection 67.1 (5) of the Regulation is revoked and the following substituted:

(5) The amount payable to a delivery agent under an agreement with the delivery agent under section 7.2 of the Act with respect to the services prescribed under paragraph 8 of subsection 66.1 (2) of this Regulation is,

(a) with respect to children whose parents are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7 and who are in attendance at a children’s recreation program that is provided in municipalities, 80 per cent of the net cost of providing that recreation program for those children;

(b) with respect to children whose parents are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7 and who are in attendance at a children’s recreation program that is provided in municipalities, 50 per cent of the delivery agent’s costs of administration attributable to the purchase of that children’s recreation program, as approved by the Director;

(c) with respect to children whose parents are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7 and who are in attendance at a children’s recreation program that is provided in territory without municipal organization, 100 per cent of the net cost of providing that recreation program for those children;

(d) 100 per cent of the delivery agent’s costs of administration attributable to the purchase of a children’s recreation program for children whose parents are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7 and who are in attendance at a children’s recreation program in territory without municipal organization, as approved by the Director;

(e) 50 per cent of the costs incurred by the delivery agent under the agreement with respect to determining whether parents in municipalities are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7; and

(f) 100 per cent of the costs incurred by the delivery agent under the agreement with respect to determining whether parents in territory without municipal organization are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7.

15. (1) Clause 68 (1.2) (b) of the Regulation is revoked and the following substituted:

(b) 80 per cent of the net cost incurred under agreements to provide day nursery services or private-home day care, or both, to children whose parents are eligible for assistance with the cost of child care under subsection 66.2 (1) or section 66.7.

(2) Subsection 68 (4) of the Regulation is revoked and the following substituted:

(4) The adjusted income and the available income of a person for the purpose of this Regulation shall be determined by an Ontario Works administrator, a Director or such person as the Director approves.

(3) Subsection 68 (5) of the Regulation is revoked.

16. (1) Paragraph 2 of section 68.7 of the Regulation is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(2) Paragraph 8 of section 68.7 of the Regulation is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

17. (1) Paragraph 2 of subsection 68.11 (3) of the Regulation is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

(2) Paragraph 8 of subsection 68.11 (3) of the Regulation is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.

18. Items 4 and 5 of Schedule 3 to the Regulation are revoked and the following substituted:

 


4.


44 months of age or over and up to and including 67 months of age as of August 31 of the year


1 to 10


20




5.


56 months of age or over and up to and including 67 months of age as of August 31 of the year


1 to 12


24




6.


68 months of age or over as of August 31 of the year and up to and including 12 years of age


1 to 15


30




19. Form 1 of the Regulation is revoked.

20. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Sections 1, 13, 14, 15 and 19 come into force on January 1, 2007.

(3) Section 7 comes into force 180 days after the day this Regulation is filed.

 

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