Day Care Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/dayregs.htm

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Day Care Regulations
made under Section 15 of the

Day Care Act

R.S.N.S. 1989, c. 120

O.I.C. 2010-456 (December 20, 2010, effective April 1, 2011), N.S. Reg. 193/2010

as amended to O.I.C. 2014-531 (Dec. 22, 2014, effective Feb. 1, 2015), N.S. Reg. 226/2014

and including O.I.C. 2014-531 (December 22, 2014), N.S. Reg. 227/2014

 

 Table of Contents
Text of Regulations

 
 
Citation

Definitions for Act and regulations

Exempted services

Licensing

Form of license

License must be displayed

License proposal

Applying for license

Applying for license renewal

Applying for change to license

No commitment to fund

Cancellation, suspension, refusal to renew

Inspections

Agency’s duties

Agency may approve care provider and family day care home

Maximum number of children for care provider

Agency may cancel approval

Compliance and enforcement standards

Facility must be insured

Program

Behaviour guidance

Building and space requirements

Exemptions from building and space requirements

Equipment requirements

Outdoor play equipment and space requirements for facilities

Outdoor play space requirements for family day care homes

Nutrition

Infant feeding safety

Health, safety and communicable disease control

Administering medicine to child

Child abuse

Notable situations

Serious incidents

File required for each child

Records required for each child

Daily log book requirement

Staff-to-children ratios

Facility must be administered by director

Facility staffing requirements

Staff classification and school-age training approval

Continuing professional development for facility staff

Cancellation of classification or school-age training approval

Qualifications for facility directors and designates

Qualifications for family home consultants

Requirements for care providers

Criminal record, vulnerable sector and child abuse register checks

Parent handbook

Information required to be posted

Notice to parents of significant changes

Parent committee

Parent committee meetings

Minutes of parent committee meetings

Emergency evacuation and fire safety procedures

Transportation

Minister may make payments

Minister may approve demonstration projects

Minister may enter into agreement

Day care fee subsidies

Advisory committees

Form 1: License for Full-day Program, Part-day Program or School-age Program

Form 2: License for Family Home Day Care Program

 

 Citation

1     These regulations may be cited as the Day Care Regulations.

Definitions for Act and regulations

2     (1)    In these regulations,

 

“Act” means the Day Care Act;

 

“accessible”, in relation to a building or outdoor play space, means able toaccommodate persons with disabilities;

 

“agency” means a person licensed to manage a family home day care program;

 

“agency director” means a person who provides daily onsite supervision of anagency;

 

“attending school” means attending a public or private school under the EducationAct and does not include attending a pre-primary program under the Pre-primaryEducation Act;

 

“care provider” means a person who is approved by an agency to provide a familyhome day care program in the person’s home;

 

“Department” means the department presided over by the Minister;

 

“facility director” means a person who provides daily onsite supervision of a facility;

 

“family day care home” means a home in which a family home day care program isprovided;

 

“family home consultant” means a person hired by an agency to provide services andsupport to care providers;

 

“family home day care program” means a day care program that is provided by acare provider in the care provider’s home;

 

“former regulations” means either of the following, as applicable:

 

                         (i)     the regulations respecting day care, N.S. Reg. 195/79, made by theGovernor in Council by Order in Council 79-1556 dated November 27,1979,

 

                         (ii)    the Family Home Day Care Program Regulations, N.S. Reg. 241/2007,made by the Governor in Council by Order in Council 2007-241 datedApril 24, 2007;

 

“full-day program” means a day care program that is not a family home day careprogram and that

 

                         (i)     provides day care for children who are not attending school, and

 

                         (ii)    is operated for more than 4 consecutive hours per day or more than 30hours per week;

 

“infant” means a child who is younger than 18 months old;

 

“level 1 classification” means a staff classification issued by the Minister undersubsection 37(2);

 

“level 2 classification” means a staff classification issued by the Minister undersubsection 37(3);

 

“level 3 classification” means a staff classification issued by the Minister undersubsection 37(4);

 

“licensee” means the person in whose name a license has been issued under the Act;

“operate” includes manage;

 

“parent” includes a guardian, foster parent and any other person having the care andcustody of a child;

 

“parent handbook” means the parent handbook required by Section 44;

 

“part-day program” means a day care program that is not a family home day careprogram and that

 

                         (i)     provides day care for children who are older than 30 months old and arenot attending school, and

 

                         (ii)    is operated for fewer than 4 consecutive hours per day and fewer than 30hours per week;

Definition of part-day program amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

“preschooler” means a child who is 36 months old or older and is not attendingschool;

 

“private school” means a private school as defined in the Education Act;

 

“public school” means a public school as defined in the Education Act;

 

“school-age child” means a child who is attending school and is not older than 12 onDecember 31 of the school year;

 

“school-age program” means a day care program that provides day care for childrenattending school;

 

“school-age training approval” means the staff training approved by the Ministerunder subsection 37(5);

 

“staff” means paid employees of a licensee and does not include care providers;

 

“staff-to-children ratio” means the ratio representing the minimum number of staffrequired by these regulations;

 

“toddler” means a child who is between 18 months old and 35 months old, inclusive.

 

       (2)    In Section 8 of the Act and in these regulations, “examine” includes photograph,copy or reproduce by any means and temporarily remove books and records for thatpurpose.

Exempted services

3     (1)    For the purpose of the exemption from the definition of “day care” in subclause2(a)(i) of the Act, “organized recreational activities” means recreational programsoffered by recognized community providers.

 

       (2)    For the purposes of subclause 2(a)(ii) of the Act, the following services are exemptedfrom the definition of “day care” and do not require a license:

 

                (a)    care for 6 or fewer children of any age on a regular basis, including anychildren of the person providing the care;

 

                (b)    care for 8 or fewer school-age children on a regular basis, including anychildren of the person providing the care;

 

                (c)    casual and irregular babysitting arrangements for care and supervision providedto a child

 

                         (i)     in the child’s home,

 

                         (ii)    in the home of the person providing the care and supervision, or

 

                         (iii)   when the parents are on the premises and readily available;

 

                (d)    care and supervision of children provided under the Children and FamilyServices Act;

 

                (e)    a program provided for children that has the promotion of specific recreational,athletic, artistic or musical skills as its only purpose;

 

                (f)    a camp for school-age children operated during school holiday periods bypersons who are not at the same time and same location working for a licenseeas staff or care providers;

 

                (g)    a program provided in a public school by a school board for children who willbe at least 4 years old on December 31 of the school year in which they areenrolled in the program;

 

                (h)    a program provided by a private school that serves 2 or more grades forchildren who will be at least 4 years old on December 31 of the school year inwhich they are enrolled in the program;

 

                (i)     a pre-primary program under the Pre-primary Education Act.

 

       (3)    The prohibition in Section 11 of the Act against advertising or holding out anunlicensed place to be a facility, or implying or leading the public to believe that anunlicensed place is a facility, applies to an exempted service.

 

       (4)    The presence of more than 1 person providing care does not permit an increase in themaximum number of children allowed for a service to be exempted under clause(2)(a) or (b).

Licensing

4     (1)    The following are the programs for which a license may be issued:

 

                (a)    a full-day program;

 

                (b)    a part-day program;

 

                (c)    a school-age program; or

 

                (d)    if the licensee is an agency, a family home day care program.

 

       (2)    A school-age program may be operated at any of the following times:

 

                (a)    before school begins in the morning and after school ends in the afternoon;

 

                (b)    during school lunch periods;

 

                (c)    during school holidays or in-service days.

 

       (3)    A term, condition or restriction attached to a license under subsection 5(3) of the Actmay include

 

                (a)    a term or condition permitting extended hours of operation, including onweekends, in accordance with standards established by the Minister; or

 

                (b)    a stipulation that the licensee is on probation.

 

       (4)    Except as provided in subsection (5), a license issued in accordance with the formerregulations is deemed to have been issued under these regulations, and the holder ofthe license must comply with these regulations.

Subsection 4(4) replaced: O.I.C. 2011-116, N.S. Reg. 155/2011.

       (5)    A license for a part-day program for children younger than 30 months old issuedunder the former regulations remains valid as long as the licensee complies with theconditions under which the license was issued, and the license may be renewedunder those same conditions.

Form of license

5     (1)    A license for a full-day program, part-day program or school-age program must be inForm 1.

 

       (2)    A license for a family home day care program must be in Form 2.

License must be displayed

6     A license must be displayed at all times in a conspicuous place near the entrance of thefacility or agency.

License proposal

7     (1)    Before applying for a license, a person must submit a proposal for the license to theDepartment and obtain the Department’s approval of the proposal.

 

       (2)    A proposal for a license must be made on a form approved by the Minister and mustbe accompanied by any items specified on the proposal form.

Applying for license

8     (1)    An application for a license must be made to the Department on a form approved bythe Minister.

 

       (2)    An application for a license must be accompanied by

 

                (a)    proof that the applicant has obtained approval of their license proposal asrequired by Section 7; and

 

                (b)    any additional item specified on the application form.

 

       (3)    In addition to the requirements of subsection (2), an applicant for a license mustsubmit proof that the proposed facility or, in the case of an agency, the play groupspace to be used for its family home day care program complies with

 

                (a)    the regulations, orders and directions of the appropriate authorities respectingfire prevention, safety, health and sanitary requirements; and

 

                (b)    any applicable municipal bylaws.

 

       (4)    If an applicant has previously submitted the proof of compliance required bysubsection (3), the Minister may waive the requirement to submit the proof with thecurrent application if the applicant can establish that there have been no changes tothe facility or play group space or to the applicable regulations, orders, directions andbylaws referred to in subsection (3).

 

       (5)    An application, including all of the accompanying documentation, must be approvedby the Department before a license is issued.

Applying for license renewal

9     (1)    An application to renew a license must be made to the Department on a renewalapplication form approved by the Minister, and must include the information anddocumentation specified in the renewal application form.

 

       (2)    If an applicant has previously submitted any item required by the renewal applicationform, and the item has not changed since it was last provided, the Minister maywaive the requirement to submit the item with the current renewal application.

Applying for change to license

9A  (1)    A licensee may request a change to the age range, maximum number of children orprogram type identified on the license.

 

       (2)    A licensee must provide the information requested by the Minister in support of arequest under this Section.

 

       (3)    The Minister may make conditions, qualifications, restrictions or requirements inrespect of, or as a prerequisite to, the approval of a change to a license requestedunder this Section.

Section 9A added: O.I.C. 2014-531, N.S. Reg. 226/2014.

Approval for alteration

10   (1)    In Section 10 of the Act, “significantly affect the care of children”, in relation to aproposed alteration to a facility for which Ministerial approval is required, includeschanging the physical dimensions of the outdoor or indoor space.

Subsection 10(1) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    The Minister may make conditions, qualifications, restrictions or requirements inrespect of, or as a prerequisite to, the approval of a proposal for alterations.

 

       (3)    In a submission to the Minister for approval to alter the physical dimensions of theindoor space of a facility, a licensee with an exemption under subsection 20A(1) mayrequest that the exemption also apply to the altered space.

Subsection 10(3) added: O.I.C. 2014-531, N.S. Reg. 226/2014.

No commitment to fund

11   Issuance of a license or approval of an alteration must not be construed as a commitmentby the Minister to provide funds to the licensee.

Cancellation, suspension, refusal to renew

12   (1)    On cancelling, suspending or refusing to renew a license, the Minister must post anotice of closure on each entrance to and exit from the licensee’s facility or, in thecase of an agency, the agency and any family day care home managed by the agency.

 

       (2)    A notice of closure must set out the effective date of and reasons for the cancellation,suspension or refusal to renew the license.

Inspections

13   (1)    A facility and an agency must be inspected at least annually.

 

       (2)    Section 8 of the Act, respecting the right of the Director to enter, inspect andexamine, applies with the necessary changes in detail to an agency.

 

       (3)    During an annual inspection, the licensee must make available proof that the facilityor, if the licensee is an agency, the play group space to be used for its family homeday care program complies with the regulations, orders and directions of theappropriate authorities respecting fire prevention, safety, health and sanitaryrequirements and any applicable municipal bylaws.

Subsection 13(3) added: O.I.C. 2014-531, N.S. Reg. 226/2014.

Agency’s duties

14   An agency must do all of the following:

 

                (a)    recruit and approve care providers and family day care homes to establish andoperate a family home day care program;

 

                (b)    approve, manage and monitor the care providers and family day care homesunder its management in accordance with all of the following:

 

                         (i)     the Act and its regulations,

 

                         (ii)    the funding agreement between the agency and the Minister, ifapplicable,

 

                         (iii)   the service agreements between each care provider and the agency,

 

                         (iv)   standards established by the Minister;

 

                (c)    hire a family home consultant to provide services and support to care providersand family day care homes under its management, including all of thefollowing:

 

                         (i)     assisting parents and care providers in matching requirements withservices,

 

                         (ii)    providing administrative support and record-keeping,

 

                         (iii)   organizing parent committee meetings,

 

                         (iv)   providing a lending library,

 

                         (v)    providing regular play groups,

 

                         (vi)   coordinating the delivery of professional development courses for agencystaff associated with the family home day care program and for careproviders,

 

                         (vii)  providing or organizing transportation for care providers and childrenenrolled in its family home day care program to attend agency functions;

 

                (d)    ensure that care providers and family day care homes meet the requirements forapproval in subsection 15(1);

Clause 14(e) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (f)    annually assess care providers and family day care homes under itsmanagement;

 

                (g)    operate in accordance with the proposal for the agency that was approvedbefore the agency’s license was issued.

Agency may approve care provider and family day care home

15   (1)    An agency may approve a person who is at least 18 years old as a care provider andthe person’s home as a family day care home if the agency is satisfied that all of thefollowing requirements are met:

Clause 15(1)(a) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Clause 15(1)(b) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (c)    the person has adequate commercial general liability insurance or itsequivalent;

 

                (d)    the person has personal qualities that promote positive healthy development inchildren;

 

                (e)    the person is capable of providing the agency’s family home day care program;

 

                (f)    the person has signed a service agreement with the agency;

 

                (g)    the person and the person’s home meet and will continue to meet therequirements of all of the following:

 

                         (i)     the Act and its regulations,

 

                         (ii)    the service agreement made between the person and the agency,

 

                         (iii)   standards established by the Minister.

 

       (2)    On approving a care provider and a family day care home, an agency must submitany information required by the Minister to the Department.

Maximum number of children for care provider

15A(1)    Subject to the restriction in subsection (2) respecting the permitted numbers oftoddlers and infants, and except as provided in subsections (3) and (4), a careprovider may care for a maximum of 6 children at a time, including their ownchildren.

 

       (2)    If a care provider is caring for 4 to 6 children, no more than 3 children may be under3 years of age and of those 3 children no more than 2 children may be infants.

 

       (3)    A care provider for school age children only may care for a maximum of 8 schoolage children at a time, including their own children.

 

       (4)    A care provider may care for a maximum of 3 infants at a time, including their owninfants, and if caring for the maximum 3 infants must not have any other children intheir care.

Section 15A added: O.I.C. 2014-531, N.S. Reg. 226/2014.

Agency may cancel approval

16   An agency may cancel an approval of a care provider and family day care home if the careprovider or family day care home does not meet or continue to meet any requirement ofsubsection 15(1).

Compliance and enforcement standards

17   (1)    A licensee must adhere to the license compliance and enforcement standardsestablished by the Minister.

 

       (2)    If a licensee fails to meet the license compliance and enforcement standards, theMinister may decline to do any of the following until the licensee remedies theviolation or deficiency:

 

                (a)    issue any other license to the licensee;

 

                (b)    approve a change under Section 9A to a license held by the licensee;

 

                (c)    approve an alteration to the licensee’s physical space proposed in a submissionto the Minister referred to in Section 10.

Subsection 17(2) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

Facility must be insured

17AEach facility must be adequately insured under a commercial general liability insurancepolicy or its equivalent.

Section 17A added: O.I.C. 2014-531, N.S. Reg. 226/2014.

Program

18   (1)    A licensee other than an agency must adhere to the daily program standardsestablished by the Minister.

Section 18(1) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    The daily program for children enrolled in a day care program, including a playgroup provided by an agency under subclause 14(c)(v), must be developmentallyappropriate and promote full participation of all children.

Section 18(2) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    For children enrolled in a full-day program or a family home day care program, all ofthe following must be provided daily:

 

                (a)    a rest time;

 

                (b)    a developmentally appropriate period of outdoor activity in the morning andafternoon, except when extreme weather conditions exist;

 

                (c)    opportunities for physical activity.

 

       (4)    A day care program offering extended hours of operation must comply withDepartmental standards for programs offering extended hours.

Behaviour guidance

19   (1)    Each licensee, facility director, agency director, family home consultant, careprovider, staff member and volunteer of a licensee must behave in a manner thatdoes not harm any child who is attending the day care program, and in particularmust not do or permit any of the following:

 

                (a)    use corporal punishment, including

 

                         (i)     striking a child directly or with any physical object, and

 

                         (ii)    shaking, shoving, spanking and other forms of aggressive physicalconduct;

 

                (b)    require or force a child to repeat physical movements;

 

                (c)    use harsh, humiliating, belittling or degrading responses of any form, whetherverbal, emotional or physical;

 

                (d)    confine or isolate a child;

 

                (e)    deprive a child of basic needs, including food, shelter, clothing and bedding.

 

       (2)    A licensee must have a behaviour guidance policy and must do all of the following:

 

                (a)    provide training in the policy for the licensee’s directors, staff, care providersand volunteers before they begin their employment or volunteering;

 

                (b)    ensure that the policy is reviewed with the parents of a child at the time of thechild’s enrolment in a program operated by the licensee;

 

                (c)    ensure that the policy is reviewed with all of the licensee’s directors, staff, careproviders and volunteers on an annual basis, or more often if needed;

 

                (d)    have a written record of the licensee’s compliance with clauses (a), (b) and (c);

 

                (e)    ensure that each of the licensee’s directors, staff, care providers and volunteerscomply with the policy.

Building and space requirements

20   (1)    Except as provided in clause 20A(1)(a), a facility or family home day care must notbe located above the 2nd floor of a building.

 

       (2)    An indoor play space in a facility must have at least 2.753 m2 (30 ft.2) ofunobstructed floor space for each child occupying the space.

 

       (3)    Space used for hallways, entryways, exits, staff purposes, facility administration,diapering areas, washrooms, kitchen, laundry, shelving or storage must not

 

                (a)    be included when calculating the unobstructed indoor floor space per child forthe purposes of subsection (2); or

 

                (b)    infringe on the children’s unobstructed indoor floor space or on space used forthe children’s routine activities.

 

       (4)    Except as provided in clause 20A(1)(b) and subsection 20A(3), an indoor play spacein a facility must provide natural lighting through a window or windows with a glassarea of at least the following size:

 

                (a)    for a facility located in a building or a new addition to a building constructedon or after February 1, 2015, 10% of the total floor area;

 

                (b)    for a facility located in an existing building, the same area as required by clause(a), except that the total floor area to be used in calculating the minimum glassarea required is the actual total floor area of the indoor play space minus 2%.

 

       (5)    Each area within a facility that is used for the care of infants must meet all of thefollowing requirements:

 

                (a)    it must be located on the ground floor;

 

                (b)    it must include an infant play space;

 

                (c)    it must include a sleeping area that is

 

                         (i)     in a room separated from the infant play space, and

 

                         (ii)    large enough to accommodate 1 crib for each infant, with a 46-cm(18-in.) space or a divider between each crib.

 

       (6)    A facility that is licensed to operate a full-day program for the care of infants ortoddlers must contain a diapering area that meets all of the following requirements:

 

                (a)    it must be equipped with a counter that has a smooth, non-porous surface thatis easily cleaned;

 

                (b)    it must be located next to a hand-washing sink.

 

       (7)    A diapering area must not be used for other purposes.

 

       (8)    A facility must have washroom and toilet facilities suitable for toddlers, preschoolersand school-age children that meet all of the following requirements:

 

                (a)    they must be either

 

                         (i)     inside the facility, or

 

                         (ii)    at the same location as the facility and available for use by the facility;

 

                (b)    they must be in the ratio of 1 toilet and 1 sink per 10 toddlers, preschoolers andschool-age children.

 

       (9)    Except as provided in clause 20A(1)(c), a facility must have a separate washroom forstaff.

Section 20 replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

Exemptions from building and space requirements

20A(1)    An exemption included on a license issued under the former regulations from arequirement corresponding to any of the following continues to apply to the licenseunder these regulations:

 

                (a)    the location requirement in subsection 20(1);

 

                (b)    the minimum lighting requirement in clause 20(4)(a) for a newly constructedbuilding or a new addition;

 

                (c)    the requirement in subsection 20(9) for a separate washroom for staff.

 

       (2)    An exemption that applies to a license under subsection (1) continues to apply in anyof the following circumstances:

 

                (a)    on renewal of the license, if the licensee requests a continuation of theexemption and the Minister approves the continuation;

 

                (b)    on the issuance of a new license to a person who purchases the facility oragency, if the purchaser requests a continuation of the exemption and theMinister approves the continuation;

 

                (c)    on an alteration of the physical dimensions of the indoor space of a facilityapproved by the Minister under Section 10 of the Act, if the licensee’ssubmission to the Minister includes a request in accordance with subsection10(3) that the exemption apply to the altered space and the Minister approvesthat request.

 

       (3)    A licensee operating a facility located in a school or providing a part-day orschool-age program may request an exemption from the minimum lightingrequirement in subsection 20(4) and the Minister may approve the request.

Section 20A added: O.I.C. 2014-531, N.S. Reg. 226/2014.

Equipment requirements

21   (1)    A facility or a family day care home must be equipped with indoor play equipmentand toys that are

 

                (a)    developmentally appropriate, safe and sanitary;

 

                (b)    accessible for independent selection; and

 

                (c)    available in a quantity and variety to engage all children in each group ofchildren served.

 

       (2)    Each child who is enrolled in a day care program must be provided with all of thefollowing:

 

                (a)    furnishings of a suitable size;

 

                (b)    individual utensils and personal hygiene items;

 

                (c)    except in a family day care home, an individual storage space that is easilyaccessible to the child and keeps the child’s personal effects separate fromthose of other children.

 

       (3)    Each toddler and preschool child who is in attendance at a facility or family day carehome during the daily rest period must be provided with

 

                (a)    an assigned cot or rest mat with a washable and moisture-resistant cover; and

 

                (b)    a sheet and blanket that are clean and of sufficient warmth.

 

       (4)    Each infant who is enrolled in a day care program must be provided with a crib orportable crib that meets the standards of the federal or Provincial legislationrespecting cribs, cradles and bassinets.

Subsection 21(4) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

Subsection 21(5) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Subsection 21(6) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Subsection 21(7) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Outdoor play equipment and space requirements for facilities

22   (1)    An outdoor play space used by a facility must be accessible to all enrolled children,including those with diverse abilities.

 

       (2)    Children enrolled in a full-day program or a school-age program must be providedwith either of the following:

 

                (a)    1 or more outdoor play spaces located at the facility that are safe and suitablefor the age range of the children enrolled in the program; or

 

                (b)    access to a safe and suitable outdoor play space that is within a reasonabledistance of the facility and that is suitable for the age range of the childrenenrolled in the program.

 

       (3)    Except for outdoor play spaces located at a public school or a private school, for thepurpose of clause (2)(a) an outdoor play space located at a facility must meet all ofthe following requirements:

 

                (a)    it must provide at least 7 m2 (75 ft.2) of play space per child using the playspace;

 

                (b)    it must be large enough to accommodate the largest age group of children whoregularly attend the day care program, other than infants;

Clause 22(3)(b) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (c)    it must be enclosed by a fence that is at least 1.2 m (4 ft.) high.

 

       (4)    If any infants are enrolled in a full-day program, there must be a separate outdoorplay space for the infants at the facility or in the immediate vicinity that meets all ofthe following requirements:

 

                (a)    it must provide at least 7 m2 (75 ft.2) of play space per infant using the playspace;

 

                (b)    it must be large enough to accommodate the number of infants who regularlyattend the program;

Clause 22(4)(b) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (c)    it must be enclosed by a fence that is at least 1.2 m (4 ft.) high.

 

       (5)    Any outdoor play space provided for children enrolled in a part-day program mustcomply with the requirements of subsections (2) and (3).

 

       (6)    The Minister may waive or alter any of the requirements of subsection (3) or (4) andapply other requirements if there are special circumstances and the Minister issatisfied that the waiver or alteration will not adversely affect the children’s safety orthe services and programs provided.

 

       (7)    Any outdoor play structure for gross motor activity that is provided by a facility mustcomply with the Standards for Outdoor Play established by the Minister.

Subsection 22(7) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

Subsection 22(8) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Section 23 repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Outdoor play space requirements for family day care homes

24   (1)    An outdoor play space used by a family home day care program must be accessibleto all enrolled children, including those with diverse abilities.

 

       (2)    Children enrolled in a family home day care program must be provided with anoutdoor play area that is

 

                (a)    on the premises of the family day care home and enclosed by a fence that is atleast 1.2 m (4 ft.) high; or

 

                (b)    within a reasonable distance of the family day care home and that has beendetermined by the agency to be safe and appropriate.

 

       (3)    An outdoor play space used by children enrolled in a family home day care programmust be supervised in accordance with the staff-to-children ratios and group sizes setout in Section 34 for a family home day care program.

Nutrition

25   (1)    A licensee must adhere to the food and nutrition standards established by theMinister.

 

       (2)    Except as provided in subsection (3), a licensee or, in the case of a family home daycare program, a care provider must ensure that each child in attendance at a day careprogram is provided with a meal during regular meal times and a snack if the childattends before or after a regular meal period.

Subsection 25(2) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    Each child enrolled in a school-age program may bring a lunch from home or beprovided with a lunch.

Original subsection 25(6) renumbered 25(3) and amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

Original subsection 25(3) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Subsection 25(4) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Subsection 25(5) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Subsection 25(7) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Subsection 25(8) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Section 26 repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Infant feeding safety

Section 27 heading amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

27   

Subsection 27(1) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Subsection 27(2) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    An infant who cannot hold a bottle must be held by a staff member during bottlefeeding.

 

       (4)    An infant must not be fed in a crib or by bottle propping.

Health, safety and communicable disease control

28   (1)    Each facility director, agency director, care provider, family home consultant andstaff member who works directly with children must have a valid first aid certificatethat includes infant CPR training from a recognized program.

Subsection 28(1) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    A facility director or, in the case of a family home day care program, a care provideris responsible for recognizing and responding to symptoms of ill health in childrenattending the facility or the family day care home.

 

       (3)    A licensee must follow Provincial guidelines for promoting and maintaining healthand safety and preventing and controlling communicable diseases.

 

       (4)    A facility director or, in the case of a family home day care program, the careprovider or agency director, as applicable, must follow the Provincial guidelinesreferred to in subsection (3) and, in particular, must ensure that the followingrequirements are met:

 

                (a)    each facility, family day care home and play group space must be kept in aclean and sanitary condition at all times;

 

                (b)    each indoor play space must be suitably ventilated and free from odours;

Clause 28(4)(b) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (c)    staff, care providers and volunteers must wash their hands before and afterdiapering or toileting a child and before and after food preparation;

 

                (d)    toys used by children must be cleaned and sanitized in accordance with theProvincial guidelines referred to in subsection (3);

Clause 28(4)(d) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (e)    toys used by infants and toddlers must be checked daily for broken pieces andother hazards;

Clause 28(4)(e) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (f)    each highchair, cot, crib and mat must be sanitized on a regular basis andbefore being used by another child;

 

                (g)    the counter of the diapering area must be disinfected after each diapering;

 

                (h)    at least 2 first aid kits must be available within each facility, family day carehome and agency;

 

                (i)     a first aid kit, a list of children in attendance and the children’s emergencycontact information must all be taken on outings with children;

 

                (j)     if a high chair, infant seat or stroller is equipped with a safety belt, the safetybelt must be used;

Clause 28(4)(j) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (ja)   strollers must be equipped with sunshades;

Clause 28(4)(ja) added: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (jb)   playpens, jolly jumpers and baby walkers must not be used for children of anyage;

Clause 28(4)(jb) added: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (k)    medical supplies, drugs, medications and dangerous or noxious materials mustbe properly labelled and safely stored.

Administering medicine to child

29   A facility director or, in the case of a family home day care program, a care provider whoagrees to administer medicine to a child must do all of the following:

 

                (a)    obtain prior written instructions signed by the child’s parent;

 

                (b)    keep a written record of each dose, including all of the following:

 

                         (i)     the date and time the dose was administered,

 

                         (ii)    the amount of the dose administered,

 

                         (iii)   the child’s name,

 

                         (iv)   the initials of the staff member or care provider who administered thedose, to be entered after the dose is administered;

 

                (c)    accept only medicine that is brought to the facility or family day care home bythe parent and that is supplied in the original container, in the case of patentmedicine, or in a container supplied for the purpose by a pharmacist, in thecase of prescribed medicine.

Child abuse

30   When there is a reasonable belief that a child enrolled in a day care program has beenabused within the meaning of the Children and Family Services Act, the licensee and eachstaff member, care provider and volunteer of the licensee must follow the Department’schild abuse protocol for regulated child care.

Section 30 replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

Notable situations

30A(1)    In this Section, “notable situation” means an accident, communicable disease orother situation that affects or could affect the health, safety or well-being of a child inattendance at a day care program, but that does not meet the criteria set out inSection 30B for a serious incident.

 

       (2)    If a notable situation arises, the facility director or, in a family home day careprogram, the care provider must do all of the following:

 

                (a)    immediately secure any necessary medical assistance and make every effort tonotify the parents of any child directly affected;

 

                (b)    prepare a summary report, which must include all of the following:

 

                         (i)     a summary of the situation and the action taken,

 

 

                         (ii)    the signature of each staff person or care provider involved,

 

                         (iii)   a place for the signature of the parent of each affected child;

 

                (c)    place a copy of the summary report prepared under clause (b) in the file of eachaffected child.

Section 30A added: O.I.C. 2014-531, N.S. Reg. 226/2014.

Serious incidents

30B (1)    In this Section, “serious incident” means any of the following:

 

                (a)    the death of a child while the child is attending a day care program;

 

                (b)    any injury to a child that occurs while the child is attending a day care programand that requires emergency medical attention;

 

                (c)    a fire or other disaster on the premises of a facility, agency, play group space orfamily day care home;

 

                (d)    a concern or an occurrence relating to an element of the physical environmentor an operational or safety practice in a facility or a family day care home thatposes a risk to the children’s health, safety or well-being.

 

       (2)    If a serious incident occurs, the facility director or, in a family home day careprogram, the care provider must do all of the following:

 

                (a)    immediately secure any necessary medical assistance and make all possibleefforts to notify the parents of any child affected;

 

                (b)    notify the licensee no later than 24 hours after the time the serious incidentoccurred;

 

                (c)    prepare a summary report that meets the requirements of clause 30A(2)(b) andplace a copy in the file of each affected child no later than 7 days after the dateof the serious incident.

 

       (3)    A licensee must ensure that the Department is advised of a serious incident no laterthan 24 hours after the serious incident occurs.

Section 30B added: O.I.C. 2014-531, N.S. Reg. 226/2014.

File required for each child

31   (1)    For each child enrolled in a day care program, the licensee or, in the case of a familyhome day care program, the care provider must keep a file that includes all of thefollowing documentation and information:

 

                (a)    an application for enrollment that is signed by the child’s parent and sets out allof the following:

 

                         (i)     the child’s name and date of birth,

 

                         (ii)    the names, home addresses and phone numbers of the child’s parents,together with e-mail contact information for the parents, if available,

 

                         (iii)   the name, address and phone number of the child’s physician,

 

                         (iv)   the name and contact information of the person to be notified in case ofan emergency if a parent is not available,

 

                         (v)    the names of persons to whom the child may be released;

 

                (b)    the date the child was admitted to the program;

 

                (c)    written confirmation as required by subsection 44(5) that the child’s parent hasbeen provided with the parent handbook;

 

                (d)    a health questionnaire for the child completed by the child’s parent, includingimmunization dates;

 

                (e)    if applicable, information about any medication to be administered to the childduring the hours the child is attending the day care program, including

 

                         (i)     the written instructions from the child’s parent as required by clause29(a), and

 

                         (ii)    the written record required by clause 29(b) of each dose of medicineadministered;

 

                (f)    if applicable, written instructions signed by the child’s parent concerning anyspecial requirements for feeding, diet, rest or exercise;

 

                (g)    written consent from the child’s parent for the child to

 

                         (i)     receive emergency medical treatment,

 

                         (ii)    participate in off-site outings and field trips, and

 

                         (iii)   if applicable, walk between school and the facility or family day carehome;

 

                (h)    a copy of a report required by clause 30A(2)(b) or 30B(2)(c) of any incidentaffecting the health, safety or well-being of the child while attending the daycare program;

Clause 31(1)(h) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (i)     for an infant, toddler or preschool child, semi-annual reports respecting thechild’s development.

 

       (2)    If a child withdraws from enrollment in a day care program, the licensee or careprovider must include the date of and reason for the withdrawal in its file for thechild.

 

       (3)    A licensee or care provider must keep each child’s file confidential, complete andorganized.

 

       (4)    A licensee or care provider must store a child’s file in a safe and secure manner atthe facility or, in the case of a family home day care program, at the family day carehome, and must keep it for at least 2 years after the date of the child’s withdrawalfrom enrollment.

Records required for each child

32   (1)    A licensee or, in the case of a family home day care program, a care provider, mustkeep a daily record of attendance for each child enrolled in the day care program.

 

       (2)    A daily record of attendance must include the child’s arrival and departure times andreasons for any absence.

 

       (3)    A licensee must keep a daily record for an infant or toddler enrolled in a full-dayprogram, which must include all of the following:

 

                (a)    daily routines, including naps, eating and toileting, noting atypical responses;

 

                (b)    activities and outings in which the child participated, noting the child’spreferences and abilities;

 

                (c)    information about any unusual occurrence and other pertinent information thatdoes not necessarily relate to a daily occurrence;

 

                (d)    space for the child’s parent to write special instructions or information aboutthe child.

 

       (4)    A care provider must keep a daily record for an infant or toddler enrolled in a familyhome day care program, which must include all of the following:

 

                (a)    information about any unusual occurrence and other pertinent information thatdoes not necessarily relate to a daily occurrence;

 

                (b)    space for the child’s parent to write special instructions or information aboutthe child.

 

       (5)    A daily record for an infant or toddler must be available to the child’s parent at thebeginning and end of each day to allow them to record instructions or informationunder clause (3)(d) or (4)(b) and must be retained for at least 6 months.

Daily log book requirement

33   A facility director or, in the case of a family home day care program, a care provider mustkeep a daily logbook to record information about any absence of a child due to illness andany unusual or special events in the facility or family day care home.

Staff-to-children ratios

34   (1)    Except as provided in subsection (2), the number of staff present and workingdirectly with the children in a day care program must meet the staff-to-children ratiosset out in the following table at all times when children are in attendance:

Table of Staff-to-Children Ratios

Age Range of

Children in Group

Staff-to-Children Ratio

Full-Day Program

Infant

1 to 4

Toddler

1 to 6

Preschooler

1 to 8

Mixed ages

ratio applying to youngest child

Part-Day Program

Toddler older than 30 months old

1 to 12

Preschooler

1 to 12

School-Age Program

School age

1 to 15

Family Home Day Care Program

Any age*

(*subject to the restrictions in subsection15A(2))

1 to 6

Infants

1 to 3

School age

1 to 8

Subsection 34(1) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    The staff-to-children ratio for children in a particular age group in a full-day programmay be reduced during the children’s rest period, if the total number of staff on sitein the facility is sufficient to meet the staff-to-children ratio for all children in thefacility and the children’s health and safety is not compromised by the reduction.

Subsection 34(2) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    The number of children in a children’s indoor play space at any time must notexceed the maximum group sizes specified in the following table:

Table of Maximum Group Sized for Indoor Play Spaces

Age Range of

Children in Group

Staff-to-Children Ratio

Full-Day Program

Infant

10

Toddler

18

Preschooler

24

Part-Day Program

Toddler older than 30 months old

24

Preschooler

24

School-Age Program

School age

30

Subsection 34(3) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (4)    In a facility, no more than 1 group of children may be located in a single room.

Subsection 34(5) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Subsection 34(6) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

Facility must be administered by director

35   (1)    Each full-day program, part-day program and school-age program must beadministered by a facility director who supervises and manages the facility.

 

       (2)    A facility director must designate a staff member who is qualified in accordance withSection 40 to act as the facility director at times when the facility director is absentfrom the facility.

 

       (3)    A facility director or a person designated under subsection (2) must be in attendanceat the facility at all times during its operating hours.

Facility staffing requirements

36   (1)    Facility staff must be at least 16 years old to be included in the staff-to-childrenratios for the facility.

Subsection 36(2) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    For the purpose of this Section and Section 37, a person is considered to have theequivalent of early childhood education if he or she meets all of the followingrequirements:

 

                (a)    successful completion of Grade 12 or the equivalent through the GeneralEducation Development program of the Department of Education and EarlyChildhood Development;

[Note: The reference to the Department of Education has been updated in accordance with Order in Council2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376, effective April 4, 2013.]

 

                (b)    at least 2 years’ experience in a licensed day care facility;

 

                (c)    successful completion of a full-credit course of 2 semesters in a post-secondaryeducation program in at least 1 of the following areas, and successfulcompletion of 25 hours in training programs, seminars or workshops in theother area not completed by way of post-secondary education:

 

                         (i)     human growth and development with an emphasis on the young child,

 

                         (ii)    curriculum development and implementation of programs for youngchildren in day care facilities.

 

       (4)    A facility must be staffed in accordance with the following requirements:

Subsection 36(4) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (a)    at least 2/3 of the staff working directly with children in a full-day program or apart-day program must have a level 1, level 2 or level 3 classification;

 

                (b)    at least 2/3 of the staff working directly with children in a school-age programmust have a level 1, level 2 or level 3 classification or school-age trainingapproval.

 

       (5)    Despite subsection (4), in a facility with only 2 staff working directly with children, 1staff member must have a level 1, level 2 or level 3 classification or school-agetraining approval.

Subsection 36(5) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

Staff classification and school-age training approval

37   (1)    A person seeking an entry level, level 1, level 2 or level 3 classification orschool-age training approval must apply to the Minister.

Subsection 37(1) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (1A) The Minister may issue an entry level classification to a facility staff person whomeets the requirements of subsection (6).

Subsection 37(1A) added: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    The Minister may issue a level 1 classification to an applicant who has any of thefollowing qualifications:

 

                (a)    completion of the orientation training referred to in subsection (6) andcompletion of course work and workplace training as specified in standards setby the Minister;

 

                (b)    a 1-year certificate in early childhood development or early childhoodeducation from a training program recognized by the Director;

 

                (c)    the equivalent of early childhood education referred to in subsection 36(3),granted on or before May 1, 2012, and for which the applicant applies no laterthan April 30, 2011.

 

       (3)    The Minister may issue a level 2 classification to an applicant who has either of thefollowing qualifications:

 

                (a)    a diploma from a 2-year diploma program offered by a post-secondaryinstitution approved by the Director in any 1 of the following:

 

                         (i)     early childhood education,

 

                         (ii)    an area of study that qualifies a person to plan and deliver earlychildhood education programming for children;

 

                (b)    a 1-year early childhood education certificate obtained before May 31, 2000,on completing a training program in early childhood education, as defined inthe former regulations.

 

       (4)    The Minister may issue a level 3 classification to an applicant who has either of thefollowing qualifications:

 

                (a)    a bachelor’s degree from a post-secondary institution approved by the Directorin any of the following:

 

                         (i)     early childhood education,

 

                         (ii)    an area of study that qualifies a person to plan and deliver earlychildhood education programming for children;

 

                (b)    the qualifications of clause (3)(a) and a bachelor’s degree in any disciplinefrom a post-secondary institution recognized by the Director.

 

       (5)    The Minister may grant approval of school-age training to a person who

 

                (a)    has either of the following qualifications:

 

                         (i)     a bachelor’s degree in early or elementary education from apost-secondary institution recognized by the Director,

 

                         (ii)    completion of a program at a post-secondary institution recognized bythe Director that qualifies a person to plan and deliver developmentallyappropriate programming for school-age children; and

 

                (b)    has completed the orientation training referred to in subsection (6).

 

       (6)    A facility staff person who works directly with children must either

 

                (a)    have completed the orientation training approved by the Minister and provideproof of completion; or

                

                (b)    have completed post-secondary courses in early childhood education that arecomparable to the orientation training referred to in clause (a), and provideproof of completion.

Subsection 37(6) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (7)    A facility staff person who, on their date of employment, does not meet therequirements of subsection (6) must complete and provide proof of completion of theorientation training referred to in clause (6)(a) within 1 year of their date ofemployment.

Subsection 37(7) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

Continuing professional development for facility staff

38   A person who holds a classification or school-age training approval under Section 37 must

Section 38 amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

                (a)    complete at least 30 hours of professional development to enhance skills andknowledge specific to early childhood care and education in every 3-yearperiod following the date their classification was issued or approval wasgranted; and

 

                (b)    provide the Minister with proof of completion of the required hours ofprofessional development.

Cancellation of classification or school-age training approval

39   (1)    The Minister may cancel a person’s classification or a school-age training approvalin any of the following circumstances:

 

                (a)    the classification was issued or the school-age training approved based on falseor inaccurate information;

 

                (b)    the person has been found guilty of a criminal offence by a court of law;

 

                (c)    the person has not complied with the requirements of Section 38 respectingcontinuing professional development.

 

       (2)    On cancelling a person’s classification or school-age training approval, the Ministermust provide written notice to the person, including the reasons for the cancellation.

Qualifications for facility directors and designates

40   (1)    Except as provided in subsection[s] (2) and (3), a facility director or a persondesignated as an acting facility director under subsection 35(2) must have thefollowing qualification:

 

                (a)    for a facility that offers programming for all ages, a level 2 or level 3classification;

 

                (b)    for a facility that offers only school-age programming, a level 2 or level 3classification or school-age training approval.

 

       (2)    A facility director who began working as a facility director before May 1, 2012, musthave a level 1 classification.

 

       (3)    A person who obtained a level 1 classification before May 1, 2012, may bedesignated as an acting facility director.

Section 40 replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

Qualifications for family home consultants

41   (1)    Until May 1, 2012, a family home consultant must have all of the followingqualifications:

 

                (a)    a 2-year diploma in early childhood education from a recognized trainingprogram approved by the Director;

 

                (b)    at least 2 years’ experience working in an early learning and child careprogram.

 

       (2)    Effective May 1, 2012, a family home consultant must have all of the followingqualifications:

 

                (a)    a level 2 or level 3 classification;

 

                (b)    at least 2 years’ experience working in an early learning and child careprogram.

Requirements for care providers

42   (1)    A care provider must be at least 18 years old.

 

       (2)    A care provider must do all of the following:

 

                (a)    complete a family home day care training course approved by the Minister nolater than 1 year after the date their family day care home is approved;

 

                (b)    complete annual professional development workshops, as specified by theMinister;

 

                (c)    permit a family home consultant to visit the family day care home at least onceevery 30 days to provide services and support as specified in clause 14(c);

 

                (d)    co-operate with the agency during the annual assessment process.

Criminal record, vulnerable sector and child abuse register checks

43   (1)    In this Section,

 

“child abuse register check” means a search of the Child Abuse Register conductedin accordance with the Children and Family Services Act;

 

“criminal record check” means a record check conducted by a police agency andconsisting of

 

                         (i)     a search of the national repository of records of criminal convictions, and

 

                         (ii)    a search of locally imposed convictions;

 

“police agency” has the same meaning as “agency” in the Police Act;

 

“record check”, when no specific record or register is referred to, means a criminalrecord check, a vulnerable sector check or a child abuse register check;

 

“vulnerable sector check” means a record check conducted by a police agency andconsisting of

 

                         (i)     a search of the national repository of records of criminal convictions,

 

                         (ii)    a search of locally imposed convictions, and

 

                         (iii)   a search of record suspensions related to records for sexual offences;

 

       (2)    Until June 29, 2015, criminal record checks are required in accordance with thisSection for each of the following persons:

 

                (a)    any person who is 18 years old or older and who has or will have contact withchildren enrolled in a licensed day care program or approved family home daycare program, including volunteers;

 

                (b)    any person who is 18 years old or older and who lives in a home where there isa licensed facility or that is a family day care home.

 

       (3)    Effective June 30, 2015, vulnerable sector checks are required in accordance withthis Section for any person described in clause (2)(a) or (b).
 
       (4)    Child abuse register checks are required in accordance with this Section for anyperson who is 13 years old or older and who otherwise meets the description inclause (2)(a) or (b).
 
       (5)    A person who obtains a record check as required by this Section must provide theresults to the licensee that operates the day care program or family home day careprogram where the person works, volunteers or lives.
 
       (6)    A new employee of a licensee must provide the results of a required record check tothe licensee before the date that the employee begins work, and the record checksmust have been conducted no earlier than 2 years before that date.
 
       (7)    Subject to subsection (8), a person who requires a criminal record or vulnerablesector check under this Section must obtain a new criminal record or vulnerablesector check and provide the updated results to the licensee no later than 5 years afterthe date of the most recent check, and every 5 years after that.
 
       (8)    If the most recent criminal record check provided to a licensee by a person whorequires one under subsection (2) was conducted earlier than April 1, 2011, theperson must obtain a new criminal record check and provide the results to thelicensee no later than 6 months after the date this Section comes into force.
 
       (9)    A person who requires a child abuse register check under this Section must obtain anew child abuse register check and provide the updated results to the licensee nolater than 3 years after the date of the most recent check, and every 3 years after that.
 
       (10)  A person who is required by this Section to obtain a record check must have nocontact with children enrolled in the licensed day care program or approved familyhome day care program until

 

                (a)    the licensee has received the results of all required record checks for theperson; and

 

                (b)    the licensee has determined that the results of the record checks for the persondisclose no evidence of any conviction for child abuse or another offencerespecting children and generally do not raise any issues concerning theappropriateness of employing the person at a facility or having a family homeday care program in the home where the person lives.

Section 43 replaced: O.I.C. 2014-531, N.S. Reg. 227/2014.

Parent handbook

44   (1)    A licensee must have a parent handbook to assist parents in making informeddecisions regarding the care of their children.

 

       (2)    A parent handbook for a facility must include all of the following:

 

                (a)    a statement that all of the following are posted at a conspicuous place in thefacility and an indication of where they are posted:

 

                         (i)     a copy of the Act and these regulations,

 

                         (ii)    a copy of the parent handbook,

 

                         (iii)   the license for the facility,

 

                         (iv)   a copy of the report of the most recent inspection of the facility,

 

                         (v)    a copy of the licensee’s behaviour guidance policy,

 

                         (vi)   a copy of the current menu,

 

                         (vii)  a copy of the daily program plan and routine,

 

                         (viii) a list of the names of the current members of the parent committee,

 

                         (ix)   a copy of the most recent minutes of the parent committee,

 

                         (x)    notification of funding provided by the Minister;

 

                (b)    any information required by the Minister.

 

       (3)    A parent handbook for a family home day care program must include all of thefollowing:

 

                (a)    a statement that the all of the following are posted at the agency, and anindication of where they are posted:

 

                         (i)     the license for the agency,

 

                         (ii)    a copy of the licensee’s behaviour guidance policy,

 

                         (iii)   a list of the names of the current members of the parent committee;

 

                (b)    a statement that all of the following are posted in a conspicuous place in thefamily day care home, and an indication of where they are posted:

 

                         (i)     a copy of the Act and these regulations,

 

                         (ii)    a copy of the parent handbook,

 

                         (iii)   a copy of the most recent minutes of the parent committee,

 

                         (iv)   a copy of the report of the most recent inspection of the family day carehome by the agency,

 

                         (v)    a copy of the agency’s behaviour guidance policy,

 

                         (vi)   a copy of the current menu;

 

                (c)    any information required by the Minister.

 

       (4)    At the time a child is enrolled in a program, the licensee must provide the child’sparent with

 

                (a)    information about the services provided by the licensee and, in the case of afamily home day care program, the care provider; and

 

                (b)    the parent handbook.

 

       (5)    A licensee must obtain written confirmation that a parent has received the parenthandbook.

Information required to be posted

45   (1)    A licensee other than an agency must post all of the items listed in clause 44(2)(a) ina conspicuous place in the facility, together with any additional information that theMinister requires.

 

       (2)    An agency must post all of the items listed in clause 44(3)(a) in a conspicuous placein the agency, together with any additional information that the Minister requires.

 

       (3)    A care provider must post all of the items listed in clause 44(3)(b) in a conspicuousplace in the family day care home, together with any additional information that theMinister requires.

Notice to parents of significant changes

46   (1)    As soon as is practicable, a licensee must notify the parents of each child enrolled inthe program operated by the licensee and, if applicable, each care provider in afamily home day care program operated by the licensee, if any of the followingoccurs:

 

                (a)    notice is received of impending suspension, cancellation or non-renewal of alicense;

 

                (b)    the facility or agency is sold or closed;

 

                (c)    written information has been received from the Minister about the licensee’slicense or program for the purpose of sharing the information with parents;

 

                (d)    if the licensee is an agency,

 

                         (i)     a family day care home managed by the agency is sold or closed,

 

                         (ii)    the agency cancels the approval of a care provider or a family day carehome managed by the agency;

 

                (e)    terms, conditions or restrictions are imposed on the license under subsection5(3) of the Act;

 

                (f)    the police or an agency established under the Children and Family Services Acthave directed the licensee to inform the parents about a matter they areinvestigating.

Subsection 46(2) repealed: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (3)    A notice given under this Section must be in writing and must be

 

                (a)    sent by ordinary mail to the last known address of each person who is requiredto be notified;

 

                (b)    posted in a conspicuous location in the facility or agency and, if applicable, thefamily day care home; and

 

                (c)    copied to the Minister.

Parent committee

47   (1)    A licensee must establish a parent committee to provide a forum in which parentsprovide input and receive notice of any matters of interest or concern to the parents.

Subsection 47(1) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    If the licensee is a non-profit organization with a Board of Directors, the parentcommittee may be a sub-committee of the Board.

 

       (3)    A parent committee must be established

 

                (a)    in the case of an agency, no later than 3 months after the date the agencyapproved the first family day care home under its management; or

 

                (b)    in the case of a facility, no later than 3 months after the date at which morethan 6 children are enrolled.

 

       (4)    A parent committee must be composed of at least 5 members, as follows:

 

                (a)    at least 3 parents of children currently enrolled in a program operated by thelicensee;

 

                (b)    1 representative of the licensee or its director, who must attend each meeting ofthe committee; and

 

                (c)    1 representative of the staff who provide regular care for children or, in thecase of a family home day care program, 1 care provider.

 

       (5)    The majority of the members of a parent committee must be parents of childrencurrently enrolled.

 

       (6)    A licensee must provide the Minister with information about the composition of itsparent committee.

Subsection 47(6) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (7)    A licensee must immediately notify the Minister of any changes in the compositionof the parent committee.

Subsection 47(7) amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (8)    The Minister may provide a parent committee chair and, if the Minister considers itnecessary, other committee members with a copy of any notice or writteninformation about the status of the license at the same time that the Minister gives itto the licensee.

Parent committee meetings

48   (1)    A parent committee must meet at least 2 times a year.

 

       (2)    A parent committee meeting must be open to all parents of enrolled children.

 

       (3)    At least 2 weeks before the date of a parent committee meeting, the facility directoror agency director must do all of the following:

 

                (a)    give written notice of the meeting to the parents of all enrolled children;

 

                (b)    post a notice of the meeting in a conspicuous location in the facility;

 

                (c)    in the case of a family home day care program, provide a notice of the meetingto the care provider in each family day care home managed by the agency andrequest that it be posted in a conspicuous location in the family day care home.

 

       (4)    A notice of a parent committee meeting must inform the parents that they may additems to the meeting’s agenda.

 

       (5)    A parent committee may discuss any matters of interest or concern to the parents,including the following:

 

                (a)    the safety, care and well-being of the children;

 

                (b)    the status of facility’s or agency’s license;

 

                (c)    the programs provided by the licensee;

 

                (d)    the equipment and materials available to children;

 

                (e)    staffing patterns and staff qualifications.

Minutes of parent committee meetings

49   (1)    No later than 2 weeks after the date of a parent committee meeting, the facilitydirector or agency director must produce minutes of the meeting.

 

       (2)    A copy of the minutes from a parent committee meeting must

 

                (a)    remain posted at the facility until the minutes of the next meeting are posted;

 

                (b)    be kept on file by the licensee for inspection by the Department, as required;and

 

                (c)    in the case of an agency, be distributed to each care provider associated withthe agency.

Emergency evacuation and fire safety procedures

50   (1)    Each facility director and care provider must establish emergency rules andprocedures, including an evacuation plan and escape routes to be used in the case offire and other emergencies.

 

       (2)    The evacuation plan must be posted at each designated play room exit and each exitfrom the facility or family day care home.

 

       (3)    An evacuation plan must include all of the following:

 

                (a)    a current list of emergency telephone numbers including 911, the local hospitalemergency department and poison control;

 

                (b)    the specific evacuation duties of each staff member or care provider;

 

                (c)    a diagram of all rooms in the facility or family day care home, with exits noted;

 

                (d)    the location of a safe meeting place, which must be outside the facility orfamily day care home and known to the children, staff and care providers.

 

       (4)    Each facility director and care provider must carry out an emergency evacuation drillat least once per month.

 

       (5)    Each agency director who provides play groups at their location for children enrolledin the agency’s family home day care program must comply with this Section.

Transportation

51   (1)    The driver of a vehicle operated by or for a licensee to transport children mustdeliver each child transported in the vehicle to

 

                (a)    a member of licensee’s staff or the care provider;

 

                (b)    the parent of the child; or

 

                (c)    a person authorized by the child’s parent in writing.

 

       (2)    A licensee that provides transportation for enrolled children is responsible for thesafety of the children while in transit.

Minister may make payments

52   (1)    The Minister may make payments in respect of day care in any amounts that areappropriated annually for this purpose.

 

       (2)    The Minister may refuse to make payments in respect of a day care program forwhich a license has expired or has been cancelled, suspended or refused.

 

       (3)    The Minister may recover from a licensee payments made by the Minister in error orbased on false or misleading information supplied in the licensee’s application, orthat otherwise ought not to have been paid according to these regulations or anyother law, and is entitled to use any legal recourse to recover these payments from alicensee.

 

       (4)    The Minister may determine the terms and conditions for providing, refusing andrecovering payments made to a licensee.

Minister may approve demonstration projects

53   (1)    The Minister may approve demonstration projects designed to explore alternatives inday care services.

 

       (2)    Approval for a demonstration project may be on any terms that the Ministerconsiders reasonable.

Minister may enter into agreement

54   (1)    The Minister may, on any terms or conditions that the Minister prescribes, enter intoan agreement with a person, agency, organization, association, institution or otherbody in or outside the Province respecting fees, subsidization, capital costs, operatingcosts, or the establishment of facilities.

 

       (2)    The Minister may enter into agreements with the Government of Canada respectingcontributions to the cost of operating or providing day care in the Province.

Day care fee subsidies

55   (1)    A parent who pays another person for child care in a facility or an approved familyday care home may apply to the Minister for a day care fee subsidy.

Subsection 55(1) replaced: O.I.C. 2014-531, N.S. Reg. 226/2014.

 

       (2)    An application for a fee subsidy must be in the form approved by the Minister andmust include all of the information required by subsection (4).

 

       (3)    The Minister may determine the terms and conditions for a fee subsidy.

 

       (4)    In order to determine the eligibility of a parent to receive a fee subsidy or to verifyinformation obtained from a parent in respect of their eligibility or ongoing eligibilityto receive a fee subsidy, the parent must provide all of the following documentationand information at the time of application and at the request of the Minister at anytime during which the parent is in receipt of a fee subsidy:

 

                (a)    proof of age;

 

                (b)    as applicable,

 

                         (i)     proof of marriage,

 

                         (ii)    proof of divorce,

 

                         (iii)   proof of cohabitation;

 

                (c)    proof of parentage or guardianship;

 

                (d)    proof of citizenship or, if not a citizen, proof of residency;

 

                (e)    proof of income;

 

                (f)    proof of expenses;

 

                (g)    proof of assets;

 

                (h)    the social insurance number of each of the parents and, if applicable, theparent’s spouse;

 

                (i)     the income tax assessment form of each of the parents and, if applicable, theparent’s spouse; and

 

                (j)     an authorization for the release, obtaining or verifying of information about theparents and child, including information or documents

 

                         (i)     specified in clauses (a) to (i),

 

                         (ii)    respecting expenses,

 

                         (iii)   respecting income,

 

                         (iv)   respecting assets.

 

       (5)    If a parent refuses to provide the information, documentation or authorizationrequired by subsection (4), the parent must be refused a fee subsidy or, if the parentis already receiving a fee subsidy, the fee subsidy must be discontinued.

 

       (6)    The Minister may determine the terms and conditions for recovering a fee subsidythat was paid in error or based on false or misleading information supplied by aparent or otherwise ought not to have been paid according to these regulations or anyother law, and is entitled to use any legal recourse to recover the fee subsidy from aparent.

Advisory committees

56   The Minister may appoint a licensing review committee, a task force or an advisorycommittee as the Minister considers necessary for the proper administration of the Act andthese regulations to carry out any duties that the Minister directs.

Section 56 added: O.I.C. 2011-116, N.S. Reg. 155/2011.

Form 1: License for Full-day Program, Part-day Program or School-age Program

 

Under the Day Care Act and the regulations, and subject tothe limitations thereof, this license is issued to (legal entity)to operate the following program(s): (list the programs to beoffered, e.g., full-day and school-age) at the day care facilityunder the name of (facility name) located at (facilityaddress) effective (issue date) to and including (expiry date)on the following conditions:

Maximum number of children:

Age range:

Maximum number of children in each program:

Other terms, conditions or restrictions: _________________

________________________________________________

________________________________________________

Day Care Act

Province of Nova Scotia

Department of
Education and EarlyChildhood Development

License for

Day Care

___________________________

Minister of Education and EarlyChildhood Development

 

Form 1 amended: O.I.C. 2014-531, N.S. Reg. 226/2014.

Form 2: License for Family Home Day Care Program

Day Care Act

Province of Nova Scotia

Department of

Education and EarlyChildhood Development

Under the Day Care Act and the regulations, and subject tothe limitations thereof, this license is issued to (legal entity)to operate a family home day care program under the nameof (agency name), located at (agency address), effective(issue date) to and including (expiry date) on the followingconditions:

License for Family

Home Day Care

Agency

___________________________

Minister of Education and EarlyChildhood Development