Regulation - LGIC
Amended regulations under the Child Care and Early Years Act, 2014
Regulation Number(s):
137/15
Instrument Type:
Regulation - LGIC
Bill or Act:
Child Care and Early Years Act, 2014
Summary of Decision:
O. Reg. 137/15 (General) under the Child Care and Early Years Act, 2014 (CCEYA) was amended to revoke requirements related to COVID-19 health and safety measure in licensed child care settings to align with advice from the Office of the Chief Medical Officer of Health.
The amendments included:
- Removing the requirement for licensees to have detailed records of all visitors, including full name, contact information and time in/time out
- Removing the requirement for licensees to ensure that everyone who enters the child care centre or home child care premises is screened for symptoms of COVID-19 prior to entry.
- Removing the requirement for licensees to develop and implement a COVID-19 policy. In addition consequential amendments were made to remove certain provisions related to the COVID-19 policy.
- Removing the requirement for licensees to ensure each licensed age group is separated from every other person in accordance with the requirements set out in the Ministry's operational guidance document.
- Removing requirements that are specifically linked to the first emergency closure period ordered under the Emergency Management and Civil Protection Act, as well as regulatory requirements specifically related to re-opening after that closure period.
- Removing requirements that prohibited parent fees from being charged by programs during closures ordered under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA).
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.
The amendments included:
- Removing the requirement for licensees to have detailed records of all visitors, including full name, contact information and time in/time out
- Removing the requirement for licensees to ensure that everyone who enters the child care centre or home child care premises is screened for symptoms of COVID-19 prior to entry.
- Removing the requirement for licensees to develop and implement a COVID-19 policy. In addition consequential amendments were made to remove certain provisions related to the COVID-19 policy.
- Removing the requirement for licensees to ensure each licensed age group is separated from every other person in accordance with the requirements set out in the Ministry's operational guidance document.
- Removing requirements that are specifically linked to the first emergency closure period ordered under the Emergency Management and Civil Protection Act, as well as regulatory requirements specifically related to re-opening after that closure period.
- Removing requirements that prohibited parent fees from being charged by programs during closures ordered under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA).
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.
Analysis of Regulatory Impact:
As per subsection 84(6) of the CCEYA, the Minister of Education made a decision that the public consultation requirements set out in that section should not apply to these regulatory amendments on the basis that the urgency of the situation required the changes to be made without public consultation, as the amendments were necessary to respond to the COVID-19 pandemic.
The amendments were necessary to align with advice from the OCMOH as Ontario cautiously and gradually eased public health measures in the following weeks and months.
The amendments were necessary to align with advice from the OCMOH as Ontario cautiously and gradually eased public health measures in the following weeks and months.
Further Information:
Proposal Number:
22-EDU016
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:
March 21, 2022
Decision:
Approved