Regulation - LGIC

Proposed Regulatory Amendments under the Child Care and Early Years Act, 2014

Regulation Number(s):
O. Reg. 137/15 (General)
O. Reg. 138/15 (Funding, Cost Sharing and Financial Assistance)
Bill or Act:
Child Care and Early Years Act, 2014
Summary of Proposal:
The Ministry of Education ("the ministry") is seeking feedback on proposed regulatory amendments under the Child Care and Early Years Act, 2014 (CCEYA). We want to hear from early years and child care partners as well as families.

BACKGROUND

On August 31, 2015, the CCEYA came into effect, replacing the Day Nurseries Act . Since its coming into force, the ministry has taken a phased approach to introducing regulatory changes to the two regulations under the CCEYA.

On July 7, 2020, the Minister of Education announced the start of the mandated review of the CCEYA (see section 80 of the Act) and launched two online surveys for the sector and for families. Sector partners were also invited to submit reports to the ministry with their ideas for how to improve the child care and early years system.

The mandated five-year review has provided an opportunity to introduce proposed regulatory amendments. The results of surveys and submissions helped to inform the proposed regulatory amendments to the CCEYA included in this posting.

PROPOSED REGULATORY AMENDMENTS

Proposed regulatory amendments focus on the following key areas:

1. Flexibility and responsiveness: Supporting licensees and child care providers in being able to meet the needs of their local communities and to help increase the number of child care programs/spaces available to Ontario's families
2. Qualification requirements: Updating several qualification requirements to support workforce retention and address long-standing staffing challenges
3. Administrative/regulatory burden: Removing duplicative, onerous, and unnecessary requirements for licensees and providers
4. Health and safety: Supporting the health, safety, and well-being of children
5. Regulations requiring clarification of intent: Providing clarification to foster consistent interpretation of requirements across the sector
6. Technical: Changes in language, updating references, revoking transitional regulatory provisions

HOW TO PROVIDE FEEDBACK

All interested parties are encouraged to provide feedback on the proposed regulations. The Ministry of Education values the unique and diverse perspectives from parents, families, and broader child care and early years partners.

Please provide the ministry with your comments no later than November 20, 2020.

You may send your response by e-mail to: CCEYA_consultation@ontario.ca, for submissions in English, or LGEPE_consultation@ontario.ca for submissions in French.

Alternatively, you may wish to send your response by mail to:

Regulatory Registry Feedback
c/o Early Years and Child Care Division
Ministry of Education
315 Front Street West, 11th Floor
Toronto ON M7A 0B8
Analysis of Regulatory Impact:
Several of the proposed regulatory amendments would remove duplicative, unnecessary, and onerous requirements. They are aimed at saving time, providing clarity, and offering flexibility for child care sector businesses. Some proposed regulatory amendments will present new requirements but are mostly voluntary (e.g. two-provider model in home child care; alternative schedule for age groupings and ratios). There may be minimal costs for those who choose to implement these requirements, but these costs are outweighed by the benefit of increased flexibility and choice.

There could be minimal direct compliance costs for the child care sector related to the time and effort undertaken to learn about the proposed regulatory changes. However, it is anticipated that these costs would be offset by the benefits to child care sector businesses achieved through the remaining proposed regulatory amendments in this posting.

There would be no other indirect costs as a result of proposed amended regulations.
Further Information:
Proposal Number:
20-EDU005
Posting Date:
October 2, 2020
Comments Due Date:
November 20, 2020
Contact Address:
Regulatory Registry Feedback
c/o Early Years and Child Care Division
Ministry of Education
315 Front Street West, 11th Floor
Toronto ON M7A 0B8