Regulation - LGIC
Amendments to O. Reg 137/15 and O. Reg 138/15 under the Child Care and Early Years Act, 2014
Regulation Number(s):
O.Reg. 469/22
O.Reg. 542/22
O.Reg. 543/22
O.Reg. 565/22
O.Reg. 542/22
O.Reg. 543/22
O.Reg. 565/22
Instrument Type:
Regulation - LGIC
Bill or Act:
Child Care and Early Years Act, 2014
Summary of Decision:
Ontario signed an agreement with the Government of Canada on funding and terms under the Canada-Wide Early Learning and Child Care (CWELCC) system in March 2022.
To support the implementation of this agreement, the Ministry of Education (EDU) made amendments to Ontario Regulation 137/15 and Ontario Regulation 138/15 under the Child Care and Early Years Act, 2014 (CCEYA) that were complemented by EDU's funding guidelines and transfer payment agreements. These regulations established a clear cost control framework and set up the system for fee reductions and enrolment.
In August and December 2022, regulatory amendments were made under the CCEYA to establish a framework for continued CWELCC implementation in 2023. These amendments:
• Extended the deadline for licensees to notify parents, staff and home child care providers of their intention to enrol in the CWELCC system. Complementary amendments were also made to:
- permit licensees who opted out of the CWELCC system to change their mind and
reapply for enrolment, and
- shorten the deadlines for lowering fees and providing parent refunds.
• Established an additional fee reduction of 37% to take effect on December 31, 2022. This fee reduction must be applied to fees that have already been reduced by 25% for an overall parent fee reduction of 52.75% from March 2022 levels.
• Established an additional reduction to parental contribution for families in receipt of fee subsidy to take effect on December 31, 2022.
• Clarified the process for providing refunds to families in receipt of fee subsidy.
• Added average regional fees for six SSMs to the tables set out in section 77.1 of Ontario Regulation 137/15.
• Added a new permissible reason for service system managers to deny enrolment for applications received on or after January 1, 2023.
• Required applicants and licensees to provide advice from their service system manager related to eligibility for enrolment in the CWELCC system when they apply for a new child care licence or revision to an existing licence.
Typically, when proposing new regulations under the CCEYA, the Ministry of Education is required to post a description of the proposed regulation on Ontario's Regulatory Registry and allow for public comment on the proposal for at least 45 days.
However, subsection 84(6) of the CCEYA gives the Minister of Education authority to determine that no public consultation will be undertaken in certain circumstances. Given the urgency of the situation, the Minister determined that no public or stakeholder consultations would be conducted in this instance.
All amended regulations took effect on the day they were filed.
To support the implementation of this agreement, the Ministry of Education (EDU) made amendments to Ontario Regulation 137/15 and Ontario Regulation 138/15 under the Child Care and Early Years Act, 2014 (CCEYA) that were complemented by EDU's funding guidelines and transfer payment agreements. These regulations established a clear cost control framework and set up the system for fee reductions and enrolment.
In August and December 2022, regulatory amendments were made under the CCEYA to establish a framework for continued CWELCC implementation in 2023. These amendments:
• Extended the deadline for licensees to notify parents, staff and home child care providers of their intention to enrol in the CWELCC system. Complementary amendments were also made to:
- permit licensees who opted out of the CWELCC system to change their mind and
reapply for enrolment, and
- shorten the deadlines for lowering fees and providing parent refunds.
• Established an additional fee reduction of 37% to take effect on December 31, 2022. This fee reduction must be applied to fees that have already been reduced by 25% for an overall parent fee reduction of 52.75% from March 2022 levels.
• Established an additional reduction to parental contribution for families in receipt of fee subsidy to take effect on December 31, 2022.
• Clarified the process for providing refunds to families in receipt of fee subsidy.
• Added average regional fees for six SSMs to the tables set out in section 77.1 of Ontario Regulation 137/15.
• Added a new permissible reason for service system managers to deny enrolment for applications received on or after January 1, 2023.
• Required applicants and licensees to provide advice from their service system manager related to eligibility for enrolment in the CWELCC system when they apply for a new child care licence or revision to an existing licence.
Typically, when proposing new regulations under the CCEYA, the Ministry of Education is required to post a description of the proposed regulation on Ontario's Regulatory Registry and allow for public comment on the proposal for at least 45 days.
However, subsection 84(6) of the CCEYA gives the Minister of Education authority to determine that no public consultation will be undertaken in certain circumstances. Given the urgency of the situation, the Minister determined that no public or stakeholder consultations would be conducted in this instance.
All amended regulations took effect on the day they were filed.
Analysis of Regulatory Impact:
In accordance with Ontario's agreement with the federal government, the CWELCC-related amendments made under the CCEYA in 2022 support affordability and choice for parents and ensure that required cost control framework is set out in regulation. They also serve to support economic recovery by supporting the provision of high-quality child care and early years programs that provide rich social, emotional, and early learning experiences for children while allowing families to work.
All amendments apply to for-profit (large and small-sized businesses) and not-for-profit organizations equally, in both licensed centre and home child care settings. The regulatory amendments have significant benefits for the sector and families and any compliance costs associated with limitations on parent fee revenue will be fully offset by Provincial funding under the CWELCC system.
All amendments apply to for-profit (large and small-sized businesses) and not-for-profit organizations equally, in both licensed centre and home child care settings. The regulatory amendments have significant benefits for the sector and families and any compliance costs associated with limitations on parent fee revenue will be fully offset by Provincial funding under the CWELCC system.
Further Information:
ONTARIO REGULATION 469/22
ONTARIO REGULATION 542/22
ONTARIO REGULATION 543/22
ONTARIO REGULATION 565/22
Proposal Number:
24-EDU011
Posting Date:
Summary of Proposal:
-
Contact Address:
Ministry of Education
c/o Early Years and Child Care Division
315 Front Street West, 11th Floor
Toronto ON M7A 0B8
c/o Early Years and Child Care Division
315 Front Street West, 11th Floor
Toronto ON M7A 0B8
Effective Date:
August 17, 2022
Decision:
Approved