Where non-compliances identified in an inspection are not corrected by the licensee within the required timeframe, the ministry may take what is called enforcement action. The CCEYA gives the ministry a number of tools to enforce the CCEYA requirements, including:

  • compliance orders
  • protection orders
  • administrative penalties
  • prosecution of offences committed under the Act

Public Registry of Child Care Violations 

Inspections or investigations which result in a compliance order, protection order, administrative penalty or prosecution of a licensed child care program are posted on the ministry’s public registry of child care violations.

Part 13.1 Compliance Orders

Child Care and Early Years Act, 2014 ss. 36(1)and 78(2)

Intent

Subsection 36(1) under the CCEYA is in place to give the ministry the legal power to issue a compliance order. A compliance order requires a person to comply with a legal requirement and, for this purpose, may order the person to do or refrain from doing anything.

Clarifying guidance

When appropriate, the ministry will take an escalating approach to enforcement, starting first by providing clarity/information to licensees and/or staff on the requirements/rules under the CCEYA. If further actions are required, depending on the nature of the non-compliance/contravention and the specific circumstances, a ministry official may issue a compliance order.

Administrative Penalty

Failure to comply with section 36 of the CCEYA constitutes an offence per subsection 78(2) of the Act.

A person convicted of an offence under the CCEYA is liable to a fine of not more than $250,000, imprisonment for a term of not more than one year, or both (per section 79 of the Act) and is prohibited from providing child care or operating a child care premises in Ontario at any time in the future (per subparagraph 9(1)(1)(i) of the Act).

Part 13.2 Administrative Penalties

Child Care and Early Years Act, 2014 ss. 39(1) and 39(6)

Ontario Regulation 137/15 s. 78

Intent

Administrative penalties are intended to encourage compliance with the CCEYA and its regulations and prevent individuals from making any money from contravening the Act or the regulations.

Part 13.3 Right to Review

Child Care and Early Years Act, 2014 ss. 39(7), (8), (9), (12) and (13)

Intent

Subsection 39(7) of the CCEYA is in place to give an individual or licensee the legal right to ask for the review of an administrative penalty and sets out when the request for review needs to be done by.

Subsections 39(8), (9), (12) and (13) of the CCEYA are in place to set out the rules about how reviews of administrative penalties are done.

Clarifying guidance

When an administrative penalty is issued, the notice of the issuance of the administrative penalty is provided to whoever is subject to the issuance. This notice includes information on how to request an appeal.

Part 13.4 Notice to Parents

Child Care and Early Years Act, 2014 ss. 39(10), (11)

Intent

Subsections 39(10) and 39(11) are in place to make sure there is transparency for parents and access to important information regarding the child care program.

Part 13.5 Protection Orders

Child Care and Early Years Act, 2014 ss. 37(1)

Intent

Section 37 of the CCEYA is in place to give the ministry the power to issue a protection order to eliminate an imminent (in other words, urgent and upcoming) threat to the health, safety, or welfare of the children or to protect the children from such threat.

When a protection order is issued by the ministry to a licensee of a child care centre, the licence for the child care centre is immediately suspended and the licensee must stop providing child care immediately and carry out the steps set out in the order to eliminate the threat. The order may be lifted when the ministry is satisfied that the licensee has complied with all direction set out in the order. Child care can only be provided at the child care centre once the order is lifted and the licence is no longer suspended.

Part 13.6 Offences

Child Care and Early Years Act, 2014 ss. 78(1) and 79

Ontario Regulation 137/15 s. 88.1

Intent

Section 78 and 79 of the CCEYA and section 88.1 of O. Reg. 137/15 are in place as part of the ministry’s progressive approach to enforcement. The purpose of offences is to provide the ministry with another type of enforcement tool to protect the health safety and well-being of children in child care settings (licensed and unlicensed).

Clarifying guidance

Cross-references:

A person convicted of an offence under the CCEYA is liable to a fine of not more than $250,000, imprisonment for a term of not more than one year, or both. See section 79 of the CCEYA.

A person convicted of an offence under the CCEYA is prohibited from providing child care or operating a child care premises in Ontario at any time in the future. See subparagraph 9(1)(1)(i) of the CCEYA.