Licensees are required to comply with all applicable laws, including the provincial laws other than the CCEYA, as well as laws made at the federal and municipal levels. As such, non-compliances/contraventions of other laws are relevant in determining whether the ministry will consider renewal or revocation of a licence under subsection 20(4) of the CCEYA.

Below are brief descriptions of some other provincial requirements that may apply to an applicant or licensee. The list of laws below is not an exhaustive one.

There are also federal laws and municipal/First Nation by-laws that may apply to a licensee and their centre.

Licensees are encouraged to become familiar with all applicable laws and include measures to ensure compliance. If an applicant or licensee has a question about laws that apply to them, they should speak to a lawyer.

Part 14.1 Health Protection and Promotion Act

The Health Protection and Promotion Act (HPPA) is the provincial law that provides for the organization and delivery of public health programs and services, the prevention of the spread of disease and the promotion and protection of the health of the people in Ontario.

The Ministry of Health is responsible for the administration of the HPPA.

The HPPA is the law that oversees public health units. The HPPA has regulations that are relevant to child care, including regulations that deal with things like food preparation, public pools and contagious diseases (also called communicable diseases).

The HPPA gives medical officers of health (in other words, local public health units) the legal power to issue an order that requires a person to take or to refrain from taking any action that is specified in the order in respect of a communicable disease.

Cross-references:

Ontario Regulation 137/15 requires compliance with the laws affecting the health of inhabitants of the municipality or of the reserve of a First Nation, as the case may be. See clause 13(1)(a).

Ontario Regulation 137/15 has requirements around what needs to happen when a licensee interacts with a medical officer of health. See section 35.

Part 14.2 Safe Drinking Water Act, 2002

Lead Testing: O. Reg 243/07

The Ministry of the Environment, Conservation and Parks (MECP or any successor of that ministry) is responsible for the administration of the Safe Drinking Water Act.

All child care centres (with some limited exemptions) are required to comply with the rules for lead testing in Ontario Regulation 243/07 (Schools, Private Schools and Child Care Centres) under the Safe Drinking Water Act, 2002.

Young children are more sensitive to the effects of lead because they are still developing and their small bodies can absorb it more easily than adults. Even small amounts of lead can be harmful to young children, infants and pregnant women.

Cross-references:

Clause 13(1)(g) of Ontario Regulation 137/15 made under the Child Care and Early Years Act, 2014 requires licensees to comply with the Safe Drinking Water Act.

O. Reg. 137/15 requires licensees to make sure that there is drinking water available for all children over 12 months of age at all times when they are getting child care from the licensee. See paragraph 42(2)(4)

Important information: for additional information about the Safe Drinking Water Act, visit the province’s flushing and sampling lead website and/or contact MECP at:

Drinking water systems – O. Reg. 170/03

Drinking water systems that supply water to a child care centre where the source of the water is not from a municipal water service connection are required to comply with the Ontario Regulation 170/03 (Drinking Water Systems) made under the Safe Drinking Water Act.

Child care centres with their own drinking water source (such as a groundwater well, a surface water system or cistern) that do not receive drinking water from a municipal drinking water distribution system are considered a designated facility under the Safe Drinking Water Act.

Important information: child care centres that meet the definition of “designated facility” under the Safe Drinking Water Act are subject to both Ontario Regulation 243/07 (Schools, Private Schools and Child Care Centres) and Ontario Regulation 170/03 (Drinking Water Systems) under the Safe Drinking Water Act.  

Helpful information: child care centre licensees (or applicants) that are not served by municipal drinking water should refer directly to the Safe Drinking Water Act and the following guides:

Registering a drinking water system

Licensees who do not receive drinking water from a municipal drinking water distribution system must register the child care centre’s drinking water system for a Drinking Water Information System (DWIS) number, following these steps:

Divisional Compliance Branch
Ministry of the Environment, Conservation and Parks

40 St. Clair Ave. W. 2nd Floor
Toronto, Ontario
M4V 1m2

Important information: child care centres that are co-located with other institutions that also have DWIS numbers (such as public schools, private schools), must still obtain a DWIS number that is unique to the child care centre. However, the co-located facilities may share a single sample. Information on the co-located facilities must be included in the Registration and Laboratory Services Notification form.

Annual reports

Ontario Regulation 170/03 under the Safe Drinking Water Act requires the owner of a drinking water system to submit a report that is prepared in accordance with section 11 of O. Reg. 170/03. The owner of a drinking water system, other than a large municipal residential system or a small municipal residential system, is required to ensure that, when the annual report is prepared, a copy of the report is given to

  • each designated facility served by the system
    and
  • the interested authority for each designated facility served by the system

In subsection 1(1) of O. Reg. 170/03, there is a definition of “interested authority” related to child care centres which names the Ministry of Education (or any successor of that ministry) as the “interested authority”. This means that each annual report for a centre of a licensee needs to be sent to their Ministry of Education program advisor. 

Cross-references: 

Clause 13(1)(g) of Ontario Regulation 137/15 made under the Child Care and Early Years Act, 2014 requires licensees to comply with the Safe Drinking Water Act.

O. Reg. 137/15 requires licensees to make sure that there is drinking water available for all children over 12 months of age at all times when they are getting child care from the licensee. See paragraph 42(2)(4).

Part 14.3 Smoke-Free Ontario Act, 2017

Intent

The Smoke-Free Ontario Act, 2017 helps protect the health of all Ontarians by prohibiting smoking and the use of electronic cigarettes (also known as vaping) in all enclosed workplaces and public places. Under the Act, smoking and vaping (either tobacco or cannabis) is prohibited at all times in a child care centre whether or not children are present.

Clarifying guidance

The Ministry of Health is responsible for the administration of the Smoke-Free Ontario Act, 2017.

The Smoke-Free Ontario Act, 2017 prohibits the following in child care centres:

  • smoking or holding lighted tobacco
  • smoking or holding lighted cannabis
  • an electronic cigarette
  • sell tobacco products or vapour products

Among other things, licensees must:

  • notify all employees that smoking and the use of electronic cigarettes is prohibited
  • post prescribed signage indicating that smoking is prohibited (such as No Smoking signs) at all entrances and exits
  • ensure that there are no ashtrays or similar equipment at the child care centre
  • ensure that any individual who refuses to comply with the requirements of the Smoke- Free Ontario Act, 2017 does not remain at the child care centre

Enforcement of the Smoke-Free Ontario Act, 2017 is the responsibility of the local medical officer of health (in other words, the local public health unit). They are responsible for carrying out inspections and responding to complaints to enforce the Act.

Cross-references:

Ontario Regulation 137/15 requires compliance with the laws affecting the health of inhabitants of the municipality or of the reserve of a First Nation, as the case may be. See clause 13(1)(a) .

Ontario Regulation 137/15 has requirements around what needs to happen when a licensee interacts with a medical officer of health. See section 35.

Part 14.4 Highway Traffic Act (Car Seat Safety)

Ontario Regulation 613 (Seat Belt Assemblies)

The provincial Ministry of Transportation is responsible for the Highway Traffic Act. The federal government is responsible for setting and enforcing compliance with safety standards for vehicles as well as child car seats.

Under Ontario Regulation 613 of the provincial Highway Traffic Act, drivers of motor vehicles are required to ensure that children are secured in the appropriate child restraint system.

Ontario Regulation 613 of the Highway Traffic Act sets out the rules/requirements around use of car seats and booster seats and that these meet certain standards set out by the federal government under the Motor Vehicle Safety Act (Canada)

Cross-references:

Ontario Regulation 137/15 requires compliance with the laws affecting the health of inhabitants of the municipality or of the reserve of a First Nation, as the case may be. See clause 13(1)(a).

Ontario Regulation 137/15 has requirements around insurance. See section 71.

All child car seats and booster seats sold in Canada must be designed and manufactured to follow regulations under Canada’s Motor Vehicle Safety Act. When a car/booster seat meets Canadian safety standards, it will have the National Safety Mark, which is a sticker or tag that is attached to the car/booster seat.

Local medical officers of health may be able to provide additional information on car seat safety. Licensees may also be able to attend a car seat safety clinic. These clinics are offered by a variety of different organizations, including the Ontario Provincial Police and Transport Canada.

Resources

Part 14.5 Building Code Act, 1992

In Ontario, when talking about the Building Code, this is referring to a regulation – Ontario Regulation 332/12 (Building Code) – which is made under the Building Code Act, 1992.

Cross-reference: Ontario Regulation 137/15 requires compliance with the requirements of Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992, where applicable. See clause 13(1)(e).

As O. Reg. 137/15 refers to the Building Code, those applying for a child care centre licence and licensees need to be familiar with the Building Code.

Important 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.