Part 4.1 Child Care Centres in Publicly- funded Schools

Child Care and Early Years Act, 2014 ss. 75(1), (2) and (3)

Ontario Regulation 137/15 ss. 12

Intent

Section 12 of O. Reg. 137/15 and section 75 of the CCEYA are in place to avoid having two sets of requirements for certain things for centres that are in schools, and which only serve children who are kindergarten age and older.

For the purposes of building and accommodation requirements, before- and after-school licensed child care programs located in schools are part of the school. Licensees for these types of programs are not required to demonstrate compliance with building and accommodation requirements set out under the CCEYA because the school building is already subject to requirements around building and accommodation.

Per section 12 of the regulation, the following requirements do not apply if a licensed child care program is located in a school and only serves children who are kindergarten age and older.

  • Clause 13 (1) (d), (e) and (f) – requirement to demonstrate compliance with zoning, Building Code and Fire Code
  • Subsection 14 (2) – requirement to include designated spaces from section 15 on the floor plan
  • Section 15 – designated spaces required in each child care centre
  • Section 20 – requirement that rooms be on the first or second storey
  • Section 21 – minimum window glass requirement
  • Section 22 – minimum artificial illumination requirement
  • Section 24 – outdoor play space requirement

Important Information: under the CCEYA, the term school has the same meaning as in the Education Act. As such, references in the CCEYA and its regulations to school are referring only to publicly funded schools.

Private schools are referred to as private schools in the CCEYA and its regulations and have the same meaning as set out in the Education Act.

Clarifying Guidance

Licensees are responsible for the safety of children while under their care and supervision, including in licensed before- and/or after-school programs located in schools.

If the licensee or child care centre staff notice unsafe outdoor play structures or other shared spaces/facilities used by the school and licensed child care program (such as a washroom) or have concerns with the safety of the building, they must take steps to address the concern. At a minimum, the licensee and/or their staff must contact the school or school board immediately so that action can be taken to address any safety concerns, such as making necessary repairs.

If unsafe outdoor play structures cannot be repaired immediately, licensees are to take steps to ensure children are offered other outdoor play experiences and they must not allow children to play/use unsafe equipment, structures and more.

If children are observed to be using unsafe equipment, the licensee will be cited for non-compliance with subsection 19(3) of O. Reg 137/15 and the licensee will be required to demonstrate that steps have been taken to address the issue.

If program advisors have any additional safety concerns with building and accommodation requirements, they may:

  • speak with the licensee and/or supervisor about the concerns
  • make referrals to local authorities, such as the fire department
  • follow up with the school board’s Early Years Lead

Part 4.2 Compliance with Local By-laws etc.

Ontario Regulation 137/15 ss 13(1), (2) and (3)

Intent

There are laws and requirements that apply to child care centres in Ontario that are set out in statutes other than the CCEYA, such as those regarding fire prevention, building standards. The Ministry of Education is not responsible for the administration of such other statutes.

Section 13 is in place to make sure that the ministry can see proof that applicants/licensees have met other legal requirements that may be relevant to the operation of a child care centre. This tells the ministry that the care centre is safe and suitable for children to be there.

Clarifying guidance

Licensees must provide proof that the child care centre complies with the requirements of the local public health unit and local authorities such as those which are responsible for fire protection and building and zoning.

  • before a licence is issued
  • when the licensee asks the ministry for a revision or renewal of their licence

Subsection 13(3) is a requirement for licensees to be in compliance with the laws that are listed in subsection 13(1) on an ongoing basis.

Local by-laws vary among municipalities and First Nations and can change over time. To ensure compliance with the CCEYA and O. Reg. 137/15 and help make sure there will be timely processing of their request for a new licence or renewal or revision of an existing licence, all applicants and licensees must check with their local municipality to confirm what by-laws are relevant to their planned child care centre or existing child care centre.

Cross-reference

Some of the requirements under section 13 do not apply to child care programs located in schools that only serve children kindergarten-age and older. See section 12 in the regulation and section 75 of the CCEYA.

Compliance Indicators

  • At time of an application, the licensee has uploaded to CCLS official documentation that confirms that the child care centre complies with all of the items listed in subsection 13(1), where applicable.

Or

  • If the child care centre is located in a school and providing care for only children in kindergarten or school age groups, the licensee has uploaded to CCLS official documentation that confirms that the child care centre complies with items (a), (b), (c) and (g) listed in subsection 13(1).

Or

  • There is evidence of verbal/email confirmation from the municipality or First Nation with respect to the applicable items listed in subsection 13(1).
  • The licensee verbally confirms that the child care centre complies with all applicable items listed in section 13(1) at all times.

Or

  • There is written evidence that the child care centre complies with all applicable items listed in section 13(1) at all times

Part 4.3 Floor and Site Plan Approval

Ontario Regulation 137/15 ss. 14(1) and (2)

Intent 0

Section 14 is in place so that applicants/licensees do not put in time, effort and money into building or renovating a centre that will later have trouble meeting licensing requirements under the CCEYA. To this end, this section sets out a requirement that a ministry official must approve plans for new child care centres and planned renovations to existing child care centres.

The approval from the ministry rests on whether the submitted floor and site plans meet all requirements in O. Reg. 137/15 related to the physical space of the child care centre, including how big the program rooms are and whether the required designated areas are present in the planned centre.

Clarifying Guidance

The reference to plans in subsection 14(1) refers to at a minimum, floor plans. Some centres will also need to submit a site plan which includes outdoor play space.

Floor and site plans must be uploaded into the CCLS. A combined floor and site plan is also acceptable if it includes all relevant details – the program advisor assigned to the planned or existing centre will confirm which type of plans must be submitted.

Helpful information: The ministry has created separate Planning and Design Guidelines for Child Care Centres – this document has a lot of detail around how child care centres need to be designed and includes helpful checklists.

Cross-references

Section 14(2) of the regulation does not apply to child care programs located in publicly-funded schools that only serve children kindergarten age and older. See section 12

The regulation requires all child care centres (other than those in a school that only serve kindergarten children or older), regardless of how many hours a day they operate/plan to operate, to have designated spacesfor certain materials, records, activities and more. See section 15

Storage for medical supplies, cleaning materials and equipment and other items that could cause harm to a child, such as poisonous and hazardous substances and storage spaces for heating and electrical equipment cannot be accessible to children. It is important to plan for this when designing a child care centre. See subsection 15(2) of the regulation.

There are additional requirements around space that apply only to centres which operate/plan to operate for six hours or more per day. It is important to note that such programs must have a designated space for outdoor play in their site plan. See subsection 15(3) of the regulation.

Compliance indicators

Floor plan/site plan approval in principle has been issued for renovations/alterations or new construction in accordance with the applicable requirements prior to work being started.

Part 4.4 Designated Space

Ontario Regulation 137/15 ss. 15

Intent

Section 15 is in place to make sure that there are assigned spaces in the centre to store different things that are needed in a child care centre and to make sure there are different dedicated locations to do various activities (such as sleep, eat, and prepare food).

Having dedicated locations for things and activities is important to keep the centre organized, to keep children safe and to ensure children cannot get to things that may be dangerous.

Clarifying Guidance

Administrative Penalty

Contravention of subsection 15(2) of the regulation may lead to an administrative penalty of $1,000. See section 78 of O. Reg. 137/15 and item 0.2 of Table 1 under that section.

The amount of the administrative penalty increases if contravention is repeated in the next three years.

An administrative penalty can be up to $100,000.

Medical supplies, cleaning materials and equipment and items that could cause harm to a child, such as poisonous or hazardous substances that pose a risk to the health, safety and well-being of children must be inaccessible to children. Examples of poisonous or hazardous substances include but are not limited to: 

  • bleach and laundry detergent (liquid, powder or pod-type)
  • substances in aerosol cans
  • hand sanitizer
  • dish soap and automatic dishwasher detergents (liquid, powder or pod-type)
  • any medication used by staff, volunteers or students
  • any object that could seriously injure a child such as knives, tools, any material/object

Important information

The if necessary in paragraph 15(1)(4) is there because the regulation says that a record can be either a hardcopy (in other words, printed out on paper) or an electronic document. If a licensee chooses to only have electronic documents of the records that the regulation requires, they do not need to have something like a filing cabinet to store physical records. If a licensee has a mix of both electronic and paper records, then a dedicated space such as a filing cabinet is required. Filing cabinets should be locked as they can store personal information, including personal health information.

Cross-references

The regulation says, “unless otherwise specified in this Regulation, any record, report or other document required under this Regulation, or any other regulation made under the Act, may be made or kept in either a hard copy or electronic format”. See subsection 82(2).

Section 15 of the regulation does not apply to child care programs located in publicly-funded schools that only serve children kindergarten age and older. See section 12.

Helpful information: the ministry has created separate Planning and Design Guidelines for Child Care Centres – this document has a lot of detail around how child care centres need to be designed and includes helpful checklists.

Compliance Indicators

  • For new applications and revision requests, there is space for the designated areas listed in 15(1). 
  • The spaces in each child care centre that are referred to in paragraphs 5 and 6 of subsection (1), and the items kept in those spaces, are inaccessible to children. 
  • For new applications and revision requests where a program runs for more than six hours in a day, there is space for the designated areas listed in 15(3).

Part 4.5 Play Activity Space

Ontario Regulation 137/15 ss. 16 (1), (2)

Intent

Subsection 16(1) is in place to make sure there is enough floor space for children to safely do indoor activities and play. The required amount of floor space cannot have any obstructions/obstacles that would be a hazard to children or prevent them from being able to explore and play safely.

How much unobstructed floor space is required in a play activity area/room in a centre depends on the age of the children; younger children need more floor space as they may be crawling and staff may be sitting on the floor to supervise, support and play with children. 

Clarifying Guidance

Subsection 16(1) talks about how big of a space is required in terms of square footage (also referred to as floor space) to make up a required play activity room or play activity area (which are required as part of subsection 17(1)).

  • infant, toddler and preschool groups must have a play activity room
  • kindergarten, primary/junior school age and junior school age groups must have a play activity area

Play activity rooms and play activity areas are where children spend most of their time when they are getting child care at the centre.

For the purposes of measuring floor space, obstructed space means an area where there are items that cannot be moved. Obstructed spaces are those that include things like:

  • counters
  • sinks
  • built in storage shelves
  • children’s cubbies

When measuring floor space, the obstructed space cannot be included in the calculation for the total floor space.

Moveable equipment and furnishings in the play activity space that are used for children’s play (such as easels, tables, chairs, sensory bins) are not considered obstructions when determining the total floor space.

Important

If an area within the room has been designated for the permanent storage of stacked cots or resting mats, this area is considered an obstructed space so it cannot be counted for the measurement of the total floor space.

Exemption

Applies to licensed kindergarten, primary/junior school age or junior school age groups in a school.

To encourage a seamless day where children who go to school stay in the same room throughout the school day as well as during the before- and/or after-school child care program component of the day, a ministry director can approve a child care program to operate without meeting the space requirements set out in clause 16(1)(b) as long as:

  • the child care is being provided in a room in a publicly-funded school

And

  • the room being used is a room that is used during the school day by children who are the same age as the children enrolled in the licensed before- and/or after-school program

Licensees of before- and/or after-school programs who want to use a room in a school that is less than 2.58 square metres of unobstructed floor space for each child must obtain director approval under subsection 16(2) of O. Reg. 137/15.

Guidelines

Director approval being requested for 16(2) will only be considered:

  • after there is confirmation from the school that a room in the school is being used during the instructional part of the school day and as a room for a child care program at other times (a shared space attestation formis available on CCLS and must be provided to ministry staff when they ask for it)

And

  • the request for director approval must:
    • be provided to the centre’s assigned program advisor in writing
    • include information on all rooms available for use by the child care program, regardless of whether the child care program is currently using the rooms
    • include a description of what the room the child care program is planning on providing child care in is used for during the school day
    • be signed by the licensee or their designate

Helpful information: the ministry has created separate Planning and Design Guidelines for Child Care Centres – this document has a lot of detail around how child care centres need to be designed and includes helpful checklists.

Best practices

While subsection 16(1) has requirements about how big a play activity room or play activity area has to be, the regulation does not have requirements about the minimum floor space of other places in the centre. However, it is recommended that the overall total space of a child care centre be at least between 7.4 and 9.3 square metres (which is about 80-100 square feet) per child.

Compliance indicators 

  • For new applications and revision requests, on site measurements for infant, toddler, preschool and family age groups confirm that the unobstructed floor space meets the requirement for each age group and licensed capacity.
  • For new applications and revision requests, measurements provided by the applicant or licensee for kindergarten and school age groups in schools confirm that the unobstructed floor space meets the requirement for each age group and licensed capacity.

Or

For kindergarten and school-age age groups in schools where rooms are less than 2.58 square metres per child:

  • Director approval pursuant to subsection 16(2) is listed on the licence.

And

  • A current shared space confirmation that lists all rooms available for use by the child care program is on site. 

And

  • The rooms in use are set out in the shared space confirmation and the rooms/areas are used by the school for children who are the same age as the age category of the licensed age group. 
    • Space/rooms are being used by the correct licensed age group, either in accordance with the shared space confirmation or the licensed rooms.

Part 4.6 Rooms/Areas by Age Group

Ontario Regulation 137/15 ss. 17

Intent

Subsection 17(1) is in to place to: 

  • prevent crowding of children and others in the child care program
  • ensure that children’s developmental needs are being met – infants spend a good part of their day sleeping so they need a quiet, separate space to sleep away from the noise and distraction of older children
  • protect children’s safety – younger children need to be in play activity rooms aways from older and bigger children who are more active
  • allow for adequate supervision

Clarifying Guidance

Subsection 17(1) talks about the type of play activity place a group in a particular age category must have – either a play activity room or a play activity area.

Play activity rooms and play activity areas are where children spend most of their time when they are getting child care at the centre.

  • infant, toddler and preschool groups must have a play activity room
  • kindergarten, primary/junior school age and junior school age groups must have a play activity area – the area does not need to be a room

Infants have their own sleep schedules so having a set sleeping schedule for all children in a room does not make sense; this is why only infant rooms and family groups with children who require a crib or cradle must have a separate sleeping area.

Exemption: Licensees can ask for director approval for a set-up where children in a kindergarten or primary/junior school age groups are split up into two different play activity areas.

Examples of a set-up where children are in two different play activity rooms include: 

  • the use of two adjacent classrooms
  • one large gymnasium split into two separate play activity areas
  • using one space on some days and then using another space on other days such as: on Monday, Wednesday and Friday the child care program uses the gymnasium and on Tuesday and Thursday the program uses cafeteria 

Important information

A junior school age group (made up of 9 – 12 year old children) cannot be split up into two separate play areas because there is only one staff member required for the group of 20. If the 20 children were to be split up into two areas each with 10 children, one of the areas would not have a staff person present which is not allowed because of subsection 8(1) and section 11 of the regulation.

Cross-references:

  • the regulation requires play activity spaces to be a certain size. See section 16
  • the regulation requires a crib or cradle be provided for each child under 12 months of age. See paragraph 19(2)(4)

Best practices

All play activity rooms and play activity areas should:

  • be designed for ease of supervision
  • have a good exterior view and natural light if possible
  • be conducive for language understanding and use – if music is being played in a room outside of dedicated music programming the music should be kept at a volume below speaking volume

It is best practice that play activity rooms for infants and toddlers are next to diaper-changing areas and accessible to cubbies.

If the required play activity area for a group of more than 16 children in a primary/junior school age group is one single area (for example, in a gymnasium in a school; as opposed to being split up between two joined classrooms), it is recommended that the area be broken up into different stations (for example, one for computers, one for reading, one for homework) so the children can spread out.

Compliance indicators

  • Where a child care centre is licensed for infants, there is a separate sleeping area for each licensed infant group
  • Where a child care centre is licensed for family age group, there is a separate sleeping area if the group requires cribs or cradles
  • There is a separate play activity room/space for each licensed infant, toddler, preschool
  • There is a separate play activity room/space for each licensed kindergarten, primary/junior school age or junior school age group

Or

  • Director approval has been granted for an alternate arrangement.

Part 4.7 Play Materials

Ontario Regulation 137/15 ss. 19(1) and (3)

Intent

Subsection 19(1) is in place to ensure that there are enough developmentally appropriate play materials in the child care centre to meet the objectives outlined in the subsection, which are aligned with the ideas How Does Learning Happen? Ontario’s Pedagogy for the Early Years.

Best practices

Tips for choosing play materials

When choosing developmentally appropriate play materials (which can include natural materials such as leaves, branches, toys and games) for each room and to use in the outdoor play space, licensees should choose materials and toys that:

  • engage children, draw them in and spark children’s curiosity and help children to learn and develop in all areas (social, emotional, cognitive, communicative, and physical)
  • support making the environment a third teacher, as outlined in How Does Learning Happen? Ontario’s Pedagogy for the Early Years
  • offer children opportunities to use complex thinking and creativity
  • let the children make choices, work together to solve a problem and share materials with each other
  • challenge children to take manageable risks that help grow their competence and skills

Important information: it is not recommended that free-standing play structures (for example, a moveable indoor slide) be used in centres. These structures can be dangerous in a child care centre because they are not meant to be used by large groups of children, they are not anchored to the ground and simply not made to be used outside of families’ homes. If a licensee is thinking about using a free-standing paly structure in their centre, they should first check to see if their insurance company has any concerns. If the licensee proceeds to use such a play structure in the centre, they must ensure that the age range for use and safety instructions provided by the manufacturer of the play structure are followed.

Compliance Indicators

  • There are enough play materials to serve the licensed capacity. 
  • The play materials are available and accessible to children throughout the day (for example, stored on shelves that children can reach). 
  • There are alternate play materials available on site for rotation. 
  • The play materials are of a nature that they: provide for choice, support exploration, play and inquiry, and align with the program statement (for example, different options are available, open-ended toys are present, children are observed using toys from different areas, such as cars with blocks).
  • There is evidence of adaptations to toys/equipment/materials to meet each child's developmental needs (for example, left-handed scissors, chubby markers and more).
  •  The licensee, designate or staff explain how the play materials are adequate to serve the licensed capacity. 
  • The licensee, designate or staff explain how the play materials are rotated to meet the children's needs and interests. 
  • The licensee, designate or staff describe how the nature of the play materials support the implementation of the program statement.
  • The play materials, equipment and furnishing are observed to be maintained in a safe condition and kept in a good state of repair, including free of hazards that could potentially endanger the health and safety of children.

Part 4.8 Equipment and Furnishings

Ontario Regulation 137/15 ss. 19(2) and (3)

Clarifying guidance

Exemption: the language around unless otherwise approved by a director in paragraph 19(2)7 allows licensees to request approval from a ministry director to use something other than a cot for children of a certain age (age 30 months to 6 years in a child care centre with a Schedule 1 age group or children age 24 months to 5 years in a Schedule 4 family age group). Director approvals will be considered for resting mats (sometimes also called nap mats) for:

  • children who have special needs or medical needs who may not be able to use or tolerate cots

Or

  • children who take short rest periods or quiet time but do not typically sleep when in the child care centre

Or

  • other circumstances as determined on a case-by-case basis

Guidelines for seeking director approval for resting mats (as an alternative to cots)

Before asking a ministry director for approval to use resting mats, licensees should ensure that:

  • the request is being made only for children with special or medical needs or for children who do not typically nap/sleep at the centre (but they may lay down to rest)
  • parents have indicated that they would provide permission to use resting mats for their children
  • there is a carpeted area in the centre on which the resting mats would be placed

Cross-references:

The regulation has program requirements around sleep, rest and quiet time for children. See subsection 47(2) and subsection 47(2.2)

Subsection 19(3) requires licensees to make sure that play materials, equipment and furnishings, including cots, cradles and cribs in their child care centre, are maintained in a safe condition and kept in a good state of repair, and that there is adequate storage available for the play materials.

When looking to make sure a centre’s play materials, equipment and furnishing are in safe condition and good state of repair, ministry program advisors look to see whether:

  • there are any missing, broken or otherwise compromised parts/components
  • they are visibly soiled/dirty
  • they work as intended

Licensees must follow any direction provided by the local medical officer of health around anything that has to do with the health and well-being of children in the centre; see subsection 32(1) of the regulation.

Licensees must follow any direction provided by the local medical officer of health related to laundry schedules and cleaning, sanitizing and disinfecting items in a child care centre including furniture/equipment, bedding and more. See section 32(1) of the regulation.

The regulation requires that each child younger than 12 months of age be placed for sleep in a manner consistent with the recommendations set out in the document called Joint Statement on Safe Sleep: Reducing Sudden Infant Deaths in Canada unless the child’s doctor says in a written note this is not appropriate for the child. See subsection 33.1(1)

Cots and cribs are never to be used as play, feeding or diaper-changing areas. Once a child has awakened, they should be removed from the cot/crib.

Children should never nap or sleep in car seats, swings, play pens, high chairs, or any other type of furniture/equipment other than what is required in the regulation. If a child falls asleep somewhere other than a crib/cradle or cot, staff should immediately pick them up and place them in their crib/cradle or cot.

Important information: the Government of Canada is responsible for recalling consumer products and issuing safety alerts. Licensees and supervisors of centres should be familiar with the federal government’s website for recalls, advisories and safety alerts. This website has an option to sign-up for notifications about new and updated recalls and alerts.

Best practices

Cots should be placed least 45.7 cm (18 inches) apart from each other and with an aisle of at least 91.4 cm (36 inches wide) to help ensure all children and staff can safely evacuate in case there is an emergency.

Licensees, supervisors and staff should be familiar with the Joint Statement on Safe Sleep: Reducing Sudden Infant Deaths in Canada which is published by the Public Health Agency of Canada. This publication provides recommendations around safer sleep practices; one such recommendation is that bedding such as pillows, duvets, quilts, comforters and bumper pads should not be placed in an infant’s crib or cradle.

Compliance Indicators

  • There is a table or counter space next to a sink for every licensed infant group, toddler group or family age group. 
  • For each child who receives care for six hours or more, bedding is provided during rest periods.
  • There is a cradle or crib for each child who is younger than 12 months. 
  • There is a crib or cradle or cot, in accordance with any parental written instruction for each child who is 12 months or older but younger than 18 months and who receives child care for six hours or more. 
  • There is a cot for each child who is 18 months or older but younger than 30 months and receives child care for six hours or more. 
  • There is a cot for every child who is 30 months or older but younger than 6 years old who receives care for six hours or more;

Or

  • The alternate arrangements for the children 30 months or older but younger than 6 years old approved by the Director are being followed; 

Or

  • Staff verbally confirm that the alternate arrangements for children 30 months or older but younger than 6 years old approved by the director are being followed. 
  • There is a cot for each child aged 24 months or older but younger than 5 years who receives care for six hours or more in a licensed family age group.

Or

  • The alternate arrangements for children aged 24 months or older but younger than 5 years who receives care for six hours or more in a licensed family age group approved by the director are being followed.
  • The play materials, equipment, and furnishing are observed to be maintained in a safe condition and kept in a good state of repair, including free of hazards that could potentially endanger the health and safety of children. 
  • There is storage for play materials.

Part 4.9 Location of Rooms

Ontario Regulation 137/15 ss. 20

Intent

Section 20 is in place so that child care centres can safely evacuate children and others in a child care centre when there is an emergency.

Clarifying guidance

Exemption: a licensee or applicant for a licence can ask for director approval to have a child care centre located on the third storey of a building or higher.

Guidelines for seeking director approval for a centre location higher than a second storey

When requesting director approval to place infant, toddler, preschool, kindergarten or family age groups on the third storey of a building or higher, licensees must provide the ministry program advisor with a detailed plan for safe evacuation that has been approved by the local fire department. Licensees should ensure the unique needs of young children are reflected in this safe evacuation plan, including any necessary accommodations or plans for non-walking infants.

The ministry may also ask a licensee to provide detailed plans about how children will move from the child care centre to the outdoor play space in situations where the required outdoor play space is not on the same storey as the centre.

Cross-references:

Section 13 requires licensees to be compliant with any by-law of the municipality or any by-law of the council of the First Nation on the reserve, as the case may be, and any other law for the protection of persons from fire hazards.

Section 20 of the regulation does not apply to child care programs located in publicly funded schools that only serve children kindergarten age and older. See section 12 of the regulation.

Important information: licensees should check to see whether their local government has any additional restrictions on which level of a building a child care centre can be located.

Compliance indicators

  • Rooms used by infant, toddler, preschool, kindergarten or family age groups or children with special needs are on or below the second storey.

Or

  • The alternate arrangements approved by a director are being followed.

Part 4.10 Indoor temperature

Ontario Regulation 137/15 ss. 23

Intent

Section 23 is in place to support the health and comfort of children and others in the child care centre by requiring that the child care centre is kept at a minimum temperature.

Clarifying guidance

The regulation does not speak to the maximum temperature of a child care centre. However, it is strongly recommended that licensees install central air conditioning in all new centres and retrofit existing centres that do not have central air conditioning with stand-alone air conditioning units installed by a professional.

If air conditioning is not an option during hot weather, licensees should think about how to include cooling activities into the daily program (for example, providing a sprinkler during outdoor play time) and take steps to prevent children from overheating. If windows in the centre are being opened, precautions need to be in place to ensure children cannot climb into the window opening or otherwise hurt themselves due to a window being open.

Any air conditioning or heating units being used in a room/area of the centre where children may be present must be secured. The units’ electrical cords should be tied/taped down or otherwise inaccessible to children so that they do not pose a tripping or strangulation risk to children.

Cross-reference:

The regulation requires child care centres to have a designated space for heating and other electrical equipment. See subsection 15(1)(6) of the regulation

Compliance indicators

  • The temperature of the child care centre is at least 20 degrees Celsius (68 degrees Fahrenheit).

Part 4.11 Outdoor Play Space Size Requirements

Ontario Regulation 137/15 ss. 24(1)

Intent

In recognition of the importance of outdoor play and natural environments to children’s healthy development, well-being and learning, subsection 24(1) is in place to ensure that a centre’s outdoor play space is big enough to accommodate all of the children in the centre.

Clarifying guidance

Full staff to child ratios as required by clause 8(1)(a) and Schedule 1 must be met during outdoor play periods at all times per paragraph 8(4)3. If outdoor play is scheduled during the centre’s arrival and/or departure periods, that period of time is considered outdoor play time so reduced ratios are not allowed.

Exemption: director approval could be granted for a smaller outdoor space than required by subsection 24(1) in situations such as where a centre does not have enough outdoor play space to accommodate the centre’s entire licensed capacity.

Guidelines for seeking director approval for smaller outdoor play space:

when seeking this type of director approval, licensees must make a plan to rotate groups of children outdoors during different parts of the day called rotation plans.

Rotation plans allow different groups of children to use the playground at different times and help the licensee demonstrate how they will meet the requirement for two hours of outdoor play while not exceeding the capacity of the playground. A licensee’s outdoor play rotation plan must describe: 

  • the rotation schedule for use of the outdoor space by the different groups of children in the centre.
  • how the rotation schedule will be adjusted during different parts of the year (for example, scheduled rotations may be different during fall/winter when there are fewer daylight hours and colder temperatures; rotation schedules may need to be set up to avoid sending children outside in the middle of the day during summer months to reduce the risk of children overheating).
  • how the licensee will check to make sure that the centre’s rotation plan is working well.
    • where possible, children should play outdoors during daylight hours, which are reduced during the fall and winter months. This Sunrise/Sunset Calculator can help in figuring out the best times of day for children to be outside

As rotation plans result in children being outside at different times of the day, licensees need to ensure that there is enough light to adequately supervise children when they are outside:

  • if playground rotations run late into the afternoon in fall and winter, licensees must make sure that there is sufficient artificial lighting to adequately supervise all children

When developing rotation plans, the times that children normally eat and sleep need to be considered and taken into account. For example, scheduling a group of children to go outside when lunch is being served to all children would not work well.

Cross-references:

There are program requirements around outdoor play in the regulation. See subsection 47(1) and subsection 47(1.1) of the regulation.

Subsection 24(1) of the regulation does not apply to child care programs located in publicly-funded schools that only serve children kindergarten age and older. See section 12.

The CCEYA does not require licensees to install fixed play structures (such as a slide, climbing equipment) in a centre’s outdoor play space. However, if a licensee chooses to do so, these installed structures must meet the safety requirements set out in the regulation. See subsection 24(4) and subsection 24(5) of the regulation.

Compliance Indicators

  • Where a child care centre provides care for six hours or more, the playground has 5.6 square metres (approximately 60 square feet) per child in accordance with the licensed capacity.

Or

  • Director approval has been granted for a playground that has less than 5.6 square metres per child in accordance with the licensed capacity.

Part 4.12 Maximum Capacity of Outdoor Play Space 

Ontario Regulation 137/15 ss. 24(2)

Intent

Subsection 24(2) is in place to help prevent overcrowding in the outdoor play space and to allow staff to adequately supervise children in a manageable outdoor area.

Clarifying guidance

Cross-reference: Some of the requirements, including section 24 in the regulation, do not apply to child care programs located in schools that only serve children kindergarten-age and older. See section 12 of O.Reg. 137/15 and section 75 of the CCEYA.

Compliance indicators

  • No more than 64 children are in one fenced section of the playground at one time.

Or

  • Staff confirm that no more than 64 children are permitted in one fenced section of the playground at one time.

Part 4.13 Outdoor Play Space Location and Fencing

Ontario Regulation 137/15 24(3)

Intent

The requirements in subsection 24(3) are in place to protect children’s safety and security.

Requiring playgrounds to be next to (in other words, adjacent to) the building where the child care centre is located helps to ensure that, in the case of an urgent situation, staff can access first-aid materials and children and others can quickly come inside the building if there is a turn in the weather. When playgrounds are next to child care centres, this also helps the licensees to set up the day so that there is flexible indoor-outdoor programming and allows quick access to washrooms for children.

Having fencing around the outdoor play space:

  • supports effective supervision of children when they’re in the outdoor space
  • prevents young children from wandering into hazards, such as parking lots or roads
  • prevents those who are not associated with the child care centre from coming into the play space

Clarifying guidance

Outdoor play space is only required for programs that operate for six hours or more in a day. However, a program that runs for less than six hours a day (such as a half-day program or before- and/or after-school program) may choose to have outdoor play space. In such instances, outdoor play spaces are required to meet all of the same licensing requirements for the outdoor space which apply to programs that operate for more than six hours a day.

Director approval for alternative arrangements

Outdoor play spaces at a centre for infant, toddler, preschool or family age groups must be fenced and have at least one gate which is closed at all times – there are no exceptions to these requirements.

Exemption: for kindergarten age groups, there is some flexibility around the requirement to have a fenced outdoor space as long as a ministry director approves an alternative arrangement. If a licensee is seeking approval to use a non-fenced outdoor area, they must provide a detailed supervision plan describing what steps will be taken to ensure children do not leave an un-fenced area.

Alternate arrangements for outdoor play spaces could include the use of roof top playgrounds or outdoor play space that is not directly adjacent to the child care centre or, in the case of kindergarten groups, use of an outdoor play space without a fence.

Guidelines for seeking director approval for alternative outdoor play spaces

When asking for approval of an alternative arrangement for an outdoor play space, licensees should address the following considerations in their plans to support the ministry director’s consideration of the request:

Considerations for rooftop outdoor play spaces:

  • the age of the children that would use the rooftop play space
  • where toys and other materials/equipment used for outdoor play will be stored
  • type of fencing and how height of the fence (note: fences for rooftop play areas must be higher than what is required for on-the-ground outdoor play spaces which is 1.2 metres as required by rooftop playgrounds)
  • whether there will be fixed play structures, including their distance from the fence
  • confirmation of structural integrity of the roof/building if fixed play structures are planned
  • additional precautions that would be in place to address environmental factors that may be more severe at rooftop level, including wind, sun, shade, snow and air quality
  • how the enhanced supervision plan is going to keep all children safe, including whether staff-child ratios need to be altered so that more staff are present
  • would there be adequate air circulation and ventilation through the fencing material
  • what would be the emergency procedures; plans should address:
    • how many primary and secondary exits would be on the rooftop
    • where detailed, evacuation procedures would be posted so that they adults would be able to see and follow them
    • what type of communication system (phones, intercom) would be in place on the rooftop
    • where first aid supplies would be placed
    • how close the rooftop playground would be to a washroom
  • has the local fire department looked at the fire evacuation plans being proposed

Considerations for non-adjacent outdoor play spaces may include:

  • location of available outdoor play space and distance from building
  • transition and supervision plan

Considerations for fence exemptions may include:

  • a perimeter fence around the site
  • traffic patterns and how close the outdoor play area is to roads and parking areas
  • adequacy of a detailed supervision plan for the outdoor play space
  • exclusive or shared use of the play space during hours of operation
  • mixed age approval

Cross-references: whether a child care centre must have an outdoor play space depends on how long the program runs in a day (more than or less than six hours). See section 24 of the regulation.

The regulation has program requirements around how long children must spend outside. See on how long the program runs in a day (more than or less than six hours). See subclause 47(1)(c) and subsection 47(1.1)

Some of the requirements, including section 24 in the regulation, do not apply to child care programs located in schools that only serve children kindergarten-age and older. See section 12 in the regulation and section 75 in the CCEYA.

Compliance Indicators

  • The outdoor play space is at ground level, adjacent to the premises.

Or

  • Located elsewhere as per the director approval. 
  • A fence of 1.2 metres (4 feet) high and with one or more gates that are securely closed surrounds the outdoor play space.

Or

  • The outdoor play space for the kindergarten group is as per the director approval. 
  • For new applications and revision requests, the playground plan is designed to allow staff to maintain constant supervision.

Part 4.14 Outdoor Play Space Meets the Standards of the Canadian Standards Association

Ontario Regulation 137/15 24(4)

Intent

This requirement is in place to safeguard children and reduce the likelihood of injuries by requiring outdoor play spaces, fixed structures and surfacing to meet the standards of the Canadian Standards Association (the Standard).

Clarifying guidance 

The ministry does not inspect playgrounds for how they are built and maintained because there are specialized professionals who do this. The ministry does however need to know whether a centre’s outdoor play space meets the Canadian Standards Association (CSA) standard for outdoor play spaces, which is CAN/CSAZ614-14 - Children’s playspaces and equipment. When doing an inspection, ministry program advisors will look for evidence that the CAN/CSA-Z614-14 standard has been met.

The CSA standard has requirements for how outdoor play space are built and it also has requirements about what type of training a person doing inspections of outdoor play spaces must have.

For more information about the CSA Standard or to obtain a copy of standards, visit the CSA Group website at CSA Group or contact 1-800-463-6727.

As amended from time to time in subsection 24(4) addresses the fact that standards can change overtime and indicates that licensees must use the most current version of the standards.

There are professionals whose job it is to inspect outdoor play spaces; these people have very specific training and they use special equipment to do their inspections, both of which are outlined in the CSA standard.

Before the first time children are allowed to use the centre’s outdoor play space, licensees must make arrangements for the space to be inspected by a person with the training requirements set out in the CSA standard CAN/CSA-Z614-14 to make sure the outdoor play space meets the standard’s requirements.

It is the licensee’s responsibility to ensure that the person inspecting the outdoor play space, (who is usually called a certified playground inspector), has the necessary training and equipment as set out in the CSA standard which are that the person:

  • hold current certification by the Canadian Playground Safety Institute, as a Certified Playground Safety Inspector
  • be a third party inspector and declare non-conflict of interest including declaration of non-affiliation with playground equipment and protective surface manufacturers, suppliers and/or other contractors involved in the retrofit, upgrade or repair of the playground equipment and protective surfaces; and
  • have proof of current Professional Errors and Omissions insurance coverage.

A list of certified playground inspectors is available at the Ontario Parks Association Playground Inspectors Directory or Canadian Certified Playground Inspectors Directory.

Cross-reference: 

Licensees must have and implement a playground safety policy and procedures. See subsection 24(5) and section 6.1 of the regulation.

Compliance Indicators

  • There is written verification of compliance that the outdoor play space, fixed play structure and/or surfacing meets the CSA Standard.

Or

  • There is written plan approved by the director that:
    • Addresses the issues or problems identified in a playground inspection

And

  • Outlines alternate outdoor play activities

And

  • Indicates that the fixed play structure is not used by the children.

Part 4.15 Playground Safety Policy

Ontario Regulation 137/15 ss. 24(5)

Intent 

Subsection 24(5) is in place to ensure that outdoor spaces for children are safe on a day-to-day basis and that problems are identified quickly and rectified.

Clarifying guidance 

The licensee must develop written policies and procedures with respect to playground safety or adopt the standard policy developed by the ministry. If the licensee chooses to adopt the ministry policy, the licensee must complete all customizable areas of the standard ministry-developed policy.

The playground safety policy must include:

  • the requirements for the staff’s supervision of children on playgrounds
  • that staff to child ratios cannot be reduced on playground
  • the names of the individual(s) responsible for completing the daily, monthly and annual inspections, action plan and repair log
  • the requirements to be followed for a playground rotation schedule to prevent exceeding the playground capacity at any time (if applicable)

Daily and monthly inspections

Licensees should develop a checklist for use when doing the daily and monthly general maintenance inspections that they are responsible for. Hazards or deficiencies should be identified on the checklist. Items that require repair or replacement must be noted in a playground repair log and every effort should be made to immediately address any defect or hazard. If the defect/hazard cannot be immediately addressed, all reasonable steps should be taken to restrict children’s access to the defect/hazard.

Annual inspections

Licensees must ensure that an annual playground inspection is conducted for all outdoor play spaces. In general, if there are fixed playground structures, licensees contract a certified playground inspector to conduct the annual inspection. If the outdoor play space is simply a fenced-in yard, licensees will generally complete the inspections themselves. There must be evidence of this play space inspection provided at the time of a licensing inspection.

Defective areas/parts or hazards

If an inspection of the outdoor play space finds a defective space/part or hazard it must be addressed immediately. In situations where it will take time to get a required repair underway and completed, licensees must take all reasonable steps to prevent children from accessing the defective space/part or hazard.

If a defective space/part or hazard needs to be blocked off from the rest of the outdoor play space to prevent its use, the blocking of the space/part must be done in a safe manner. Using only visual signs such as do not enter or danger is not acceptable because young children cannot read yet. Using rope or any other material that may pose a strangulation risk for children is also not acceptable. In some situations, removing the defective part, equipment, or other action may be the only option.

Approval required for repairs or renovations of outdoor play spaces

For the purposes of interpreting requirements under the CCEYA, note that a required outdoor space is considered to be part of a child care centre and therefore approval from a ministry director is required prior to making any renovations.

Guidelines for seeking director approval of repairs/renovations

Licensees must speak to their ministry program advisor when planning to repair or renovate their existing outdoor play space. This is because the regulation requires that any planned alterations or renovations must be approved by a ministry director.

When requesting approval from the ministry to do a repair or renovation (which is done through CCLS), licensees must provide a copy of the latest annual inspection report for the existing outdoor play space.

Cross-references:

Any proposed alterations/renovations to a child care centre must be submitted to the ministry. See subsection 14(1) of the regulation.

Child care centres that run for six or more hours a day must have a designated space for outdoor play. See subparagraph 15(3)(7) of the regulation.

Compliance Indicators

  • there is a playground safety policy that reflects the requirements set out in the Canadian Standards Association standard CAN/CSA-Z614-14, “Children’s playspaces and equipment”, and outlines the roles and responsibilities of the employees regarding safety on playgrounds.

Or

  • the licensee has adopted and completed all customizable areas of the standard policy provided by the Ministry
  • there is written evidence that daily inspections are conducted to identify defects or emerging problems
  • there is written evidence that monthly inspections are conducted with the results and actions taken recorded
  • there is a comprehensive annual written report that includes results of any protective surfacing testing
  • a plan is developed on how issues or problems identified in a playground inspection will be addressed

And

If deficiencies are identified, there is a written plan that demonstrates how issues or problems identified in a playground inspection will be addressed:

  • there is written evidence that a playground repair log is maintained.