Regulation - LGIC

Extended Day and Third Party Programs

Regulation Number(s):
O. Reg. 225/10
O. Reg. 500/00
O.Reg. 221/11
Instrument Type:
Regulation - LGIC
Bill or Act:
Education Act
Summary of Decision:
Regulation 500/00, under the Day Nurseries Act, was revoked.

Regulation 225/10, under the Education Act, was revoked and replaced by Regulation 221/11.

The content of Regulation 221/11 is consistent with the overview posted on April 15, 2011 with the addition of the following provision:

For a board to enter into an agreement with a third party operator to deliver before- and after-school programs under the full-day kindergarten program (FDK), the operator must be a not-for-profit entity or municipality. Board agreements with for-profit operators to operate a before- and after-school program in a school would only be permitted if:

- A board has an existing written agreement with a third party for-profit operator to operate a before- and/or after-school program at an FDK school which is in effect as of June 8, 2011, the date the new regulation came into force;

- For the 2011-2012 school year, a board affirms to the Minister of Education that it made all reasonable efforts to find a not-for-profit operator or municipality but could not find one; or

- For the 2012-2013 school year and onwards, a board affirms to the Minister of Education that it took the required steps under Regulation 221/11 (e.g. advertise in the community, notify Consolidated Municipal Service Managers / District Social Services Administration Boards) to find a not-for-profit operator or municipality and is unable to do so.

This provision was added to the Regulation in response to stakeholder feedback that the Ministry received in response to the posting on regulatory registry and during the legislative review process.
Further Information:
Proposal Number:
11-EDU001
Posting Date:
April 15, 2011
Summary of Proposal:
Regulatory requirements governing board-operated before- and/or after-school programs are currently set out in O. Reg. 225/10 - Extended Day Programs. The regulation also identifies the schools that are subject to a school board's duty to operate a before- and/or after-school programs for FDK pupils. Subject to the approval of amendments to the Education Act by the Legislative Assembly, it is proposed to repeal O. Reg. 225/10 and replace it with a new regulation - Extended Day and Third Party Programs - that would identify FDK schools and govern before- and/or after-school programs operated by both school boards and third party operators. The existing elements of O.Reg. 225/10 that apply to board-operated before- and/or after-school programs would be included in the new regulation.

In addition to the proposed new regulation, the Ministry is proposing the revocation of O. Reg. 500/00 under the Day Nurseries Act - Repeal of Subsection 1(2) of the Act.

Please see the attached overview document for a detailed description of the proposed regulation.
Contact Address:
Ministry of Education
Early Learning Division
Mowat Block, 24th floor
900 Bay St.
Queen’s Park
Toronto ON M7A 1L2
Effective Date:
June 7, 2011
Decision:
Approved