Part 3.1 Age Categories

Ontario Regulation 137/15 ss. 7(1), (2)

Intent

Child care centres must organize children into groups based on the age of the children. These groups are called age categories and are explained in Schedule 1 the regulation.

There are six age categories. Each age category (listed in Column 1) has a name such as “infant”, “toddler”, and a corresponding age range (listed in Column 2):

Section 7 is in place to clarify how to interpret other sections of the regulation that mention an age category or a specific age. This clarity is needed so that the licensing requirements can be applied consistently.

It is important to understand which requirements apply to all children in an age category versus which apply to children of a specific age because:

  • age categories group children based on an age range which means children are different ages
    • children have different care, supervision and developmental needs at different ages and stages of childhood, especially in the younger years
  • the regulation allows for some flexibility with how children are organized in the age categories set out in Schedule 1– this is known as mixed-age grouping which allows for a small number of children to be younger or older than the age range that is put in place for each age category (see the description of subsection 8(1))
    • for example, a toddler age category is for children age 18 months or older. Because the regulation allows for mixed-age grouping, there could be a 16 month old child in a toddler room
  • the regulation allows for family age groups (see Schedule 4 of the regulation) family age groups can have children from ages 0 – 12 years

Ontario Regulation 137/15 Schedule 1

Clarifying guidance

Subsection 7(1) explains that when the regulation refers to a child by one of the six names of the age categories in Schedule 1, it is talking about a child whose age falls into the age range for that age category. If the regulation speaks to an “infant” it is referring to a child who is younger than 18 months of age, if the regulation speaks to a “toddler”, it is talking about a child who is between 18 and 30 months of age, and more.

Subclause 7(2)(1) explains that if a rule/requirement in the regulation applies to a licensed age group that includes children who are in the group because of mixed-age grouping, it applies to all of the children in the group, no matter what the actual ages of any of the children are.

Subclause 7(2)(2) explains that if a rule/requirement says it applies to children of specific age when they are in a mixed-age grouping, the rule applies to each child in the group who is that age.

Where a requirement in the regulation talks about children of a specific age, the requirement applies to all children of that age no matter what group in an age category they are part of when they are receiving child care at the centre.

An example of where paragraph 7(2)2 applies when interpreting a requirement in the regulation is subsection 33.1(1). Subsection 33.1(1) requires that each child younger than 12 months of age is 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 recommends otherwise in writing. This requirement applies to all children 12 months and younger, whether they are in an infant group, a toddler group (because of the allowance for mixed-age groupings) or a family group.

Where a requirement in the regulation talks about an age category (in other words, the requirement applies to an infant, toddler, preschool, and more group), the requirement applies to the whole group of children enrolled in that age category, regardless of the actual age of any children in the group.

Important information: There are requirements in the regulation that apply to all children, no matter what age they are. For example, licensees must have and maintain a record for every child in their child care centre (see section 72 of the regulation for the requirements around children’s records).

Under section 2 of the CCEYA, a child is defined as a person who is younger than 13 years of age.

Part 3.2 Ratios and Maximum Group Sizes

Ontario Regulation 137/15 8(1)

Schedule 1

Intent

Subsection 8(1) is in place so that children are grouped by age so that broad developmental similarities in interest, skills and attention may be considered in program planning, physical space and equipment. These groupings allow staff to:

  • adequately supervise and care for children
  • meet the developmental needs of children
  • effectively support children’s learning, exploration, play and inquiry
  • ensure children are getting the emotional support they need and can form strong relationships with the staff

Schedule 1 sets out:

  • the age range (column 2) associated with each age category and the name of the age category (column 1)
  • the total number of staff required a group of children in an age category
    • how many staff are needed for a certain number of children is called the staff to child ratio (see column 3)
  • that some of the staff that make up the total number of staff (which is a proportion) need to be qualified staff (see column 4)
    • qualified staff are those people who meet the requirements in section 54
  • the maximum number of children who can be in a group for a particular age category

The staff to child ratio and maximum group size is different for each group in each of the six age categories because the younger a child is, the more care and supervision they need.

Clarifying guidance

Offence

It is an offence under the CCEYA to contravene or fail to comply with section 8 of the regulation (per paragraph 88.1(3) of the regulation).

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).

Administrative Penalty

Contravention of section 8 of the regulation may lead to an administrative penalty of $2,000 times the number of children that exceed the number specified in section 8. See section 78 of Ontario Regulation 137/15 and item 17 of Table 1 under that section.

The amount of the administrative penalty increases if the contravention is repeated in the next three years or if the contravention has been going on for two or more days in a row.

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

The age ranges for the age categories in Schedule 1 were set up so they match the ages when children enter different grades in school. For example, under the Education Act, a child who is 44 months old (which is 3 years, 8 months old) can start going to kindergarten at the beginning of the school year.

Infant, toddler and preschool groups need to be cared for in separate rooms which are called play activity rooms. For groups in the other three age categories, there is more flexibility where they must have a play activity area, but the area does not necessarily need to be a room.

The number of program staff required under the regulation, as set out in Column 1 of Schedule 1, is the minimum number needed required. Licensees are able to have more staff in a room if they choose to (as long as other requirements outside of the CCEYA are met. or example, there may be occupancy limits).

The licensee is responsible for ensuring that the required staff to child ratio for a group of children is maintained at all times with some limited exceptions for reduced ratios.

Cross-references

The regulation has requirements about play activity rooms and play activity areas. See section 17.

There are periods of time in a day when reduced ratios are permitted under certain circumstances. See subsection 8(4) of the regulation.

A ministry director can approve a centre to have mixed-age groupings which means a group of children can have a certain number of children who not in the age range assigned to that age category See subsection 8(3) of the regulation.

Compliance indicators

  • Where director approval for mixed age grouping has not been granted, it is observed that the licensee has placed children based on age category, group size and ratios set out in the licence. 
    Or  
    The licensee or staff verbally confirm that age category, group size and ratios set out in the licence are maintained at all times, including during activities that take place off the premises (e.g., during field trips).
  • Proportion of qualified employees is observed as follows:
    • At least one person who is qualified or otherwise approved by the Ministry director is employed for each age group 
      And  
      At least two people who are qualified or otherwise approved by the Ministry director is employed for each preschool group with 17 or more children enrolled 
      Or  
      The staffing schedule confirms that there is at least one person who is qualified or otherwise approved by the Ministry director is employed for each age group and at least two people who are qualified or otherwise approved by the Ministry director is employed for each preschool group with 17 or more children enrolled.
  • In a cooperative child care program, the licence indicates that director approval is given for two duty parents to take the place of a staff member, provided that the duty parents meet all applicable licensing requirements.

Part 3.3 Mixed Age Grouping

Ontario Regulation 137/15 ss. 8 (2), (3)

Intent

To allow centres to maximize enrollment and so they can respond to the changing developmental needs of children, approval for mixed-age groupings can be granted by a ministry director to allow a certain number of children from one age group to transition into a different age group even if the child moving rooms is not within the age range specified for the receiving age category.

Subsection 8(2) is in place to clarify that mixed-age groupings can be used for more than one age group in the centre.

Subsection 8(3) is in place to limit how many children can move into a group in a different age category.

Clarifying Guidance

Infant: mixed grouping does not apply because there are no children younger than infants.

Toddler: up to 20% of the licensed capacity for the toddler age group can be infants. If more than 20% of the children in the toddler age group are younger (that is infants), the requirements for the infant age group apply.

Preschool: up to 20% of the licensed capacity for the preschool age group can be from a younger age category. If more than 20% of the children in the kindergarten age group are from a younger age group, the requirements set out in Schedule 1 for the youngest child in the group apply.

Kindergarten: if the child care is provided on or after the first day of school in a calendar year, up to 25% of the licensed capacity of the kindergarten group can be children who turn 3 years of age that year, as long as all other children are kindergarten children. If more than 25% of the children in the kindergarten age group are from a younger age group, the requirements set out in Schedule 1 for the youngest child in the group apply.

Primary/junior school age: up to 25% of the licensed capacity of the primary/junior school age group can be kindergarten age, based on licensed capacity for the group, if all the other children are primary/junior school age.

Junior school age: up to 25% of the licensed capacity of the junior school age group can be children who are between 7 to 9 years of age, if all the other children are junior school age.

Mixed-age grouping by age category

The following information outlines the maximum number of children from a younger age category’s group who can be included in an older group without affecting the staff to child ratio, maximum group size and proportion of qualified employees needed for the older age category’s group.

Infant: mixed age grouping does not apply.

Toddler: the total maximum number of children in a group is 15. When 20% is applied to 15, the maximum number of younger children that can be included because of the rules for mixed-age grouping is 3.

Preschool: the total maximum number of children in a group is 24. When 20% is applied to 24, the maximum number of younger children that can be included because of the rules for mixed-age grouping is 5.

Kindergarten: the total maximum number of children in a group is 26. When 25% is applied to 26, the maximum number of three-year-old children that can be included because of the rules for mixed-age grouping is 7.

Primary/junior school age: the total maximum number of children in a group is 30. When 25% is applied to 30, the maximum number of kindergarten-age children that can be included because of the rules for mixed-age grouping is 8.

Junior school age: the total maximum number of children in a group is 20. When 25% is applied to 20, the maximum number of seven- to nine-year-old children that can be included because of the rules for mixed-age grouping is 5.

* For any calculation of a percentage of a maximum group size that results in a decimal over 0.5, the number is rounded up to the nearest whole number.

Where the number of children in a group is fewer than the maximum allowed under the regulation (in other words, the total number of children in the group is a smaller number than what is in Column 4 of Schedule 1), centres need to do their own calculations. How to do the calculations is explained below.

Example

The ABC Child Care Centre has a toddler room which has a licensed capacity of 13 children.

The licensee wants to include infants in the toddler room. The licensee must first get a director’s approval for mixed age grouping. If approved, then the number of infants allowed needs to be calculated using the rules outline in subsection 8(3).

How to figure out how many infants can be in the centre’s toddler room:

Step 1: confirm the licensed capacity for the toddler group. This number is included as part of a centre’s licence. In this example, ABC Child Care Centre’s licensed capacity for its toddler group is 13.

Step 2: figure out the percentage of younger children allowed in the older group per subparagraph 8(3)(1)(i). For this example, 20% of the children in the toddler group can be infants.

Step 3: convert the percentage set out in section subparagraph 8(3)(1)(i) to a decimal. For 20%, this converts to a decimal of 0.2.

Step 4: multiple the licensed capacity by the percentage number of younger children allowed expressed as a decimal. So in this example, the calculation of younger children allowed is 20% of 13 which is 0.2 x 13 = 2.6

The counting of children needs to be done as a whole number without decimals. This is why the following rounding rules must be followed:

  • if the calculation of younger children allowedresults in a number that is X.5 or higher, the number is rounded up
    • in this example, 2.6 is rounded up to 3. this means that 3 infants can be in the toddler room that is licensed for 13 children (so 10 of the children would be toddlers)
  • if the calculation of younger children allowed results in a number that is X.4 or lower, the number is rounded down
    • for example, if the calculation of younger children results in 2.2, the number of younger children allowed in the older age group would be 2

There may be situations where older children are in rooms with younger children because of the allowance for mixed-age grouping (where approved by a ministry director). Licensees need to ensure that all requirements under the CCEYA that are tied to the age of children (for example, around nutrition and rest) are met for all children in a room. Staff also need to consider each individual child’s abilities and interests.

How Does Learning Happen? Ontario’s Pedagogy for the Early Years helps educators to plan for and create environments and experiences that respond to the varied abilities and each child’s unique characteristics of children enrolled.

Best practices

When considering transitioning a younger child to an older age category as part of a mixed-age grouping, licensees should:

  • have an agreed-upon plan with the child’s parent(s) to do the transition
  • talk to the parent and child (where developmentally appropriate) about how to make the transition as smooth and easy as possible for the child
  • think about and plan for how to keep the younger child safe in the older age group, how to meet the child’s developmental needs and how to help build the child’s skills. Things to consider include:
    • whether the play materials and environment in the older age group’s room are safe for younger children. For example, no potential choking hazards should be present in mixed-age groupings with very young children
    • how a child’s individual physical needs for diapering, meals or rest time will be met
    • how well the child understands and uses language
    • how the child reacts to major changes
  • prepare the children in the older room for the arrival of the younger child by talking about the transition and how the child can be welcomed and made to feel safe and secure
  • slowly and gradually introduce the child moving to another age group to the staff and children.

Compliance indicators

  • Where 20 per cent or less of the total capacity a toddler or preschool group is from a younger age category, the ratio, maximum group size and proportion of qualified employees for the licensed age group are observed. 
    Or  
    Where more than 20 per cent of a toddler or preschool group is from a younger age category, the ratio, maximum group size and proportion of qualified employees for the youngest child in the group are observed.
  • Where a kindergarten group includes no more than 25 per cent of children who are between 2.8 years of age (if care is provided after first day of school in a calendar year) and 44 months and all children are younger than 7 years of age, the ratio, maximum group size and proportion of qualified employees for the licensed age group are observed. 
    Or  
    Where more than 25 per cent of a kindergarten group is from a younger age category, the ratio, maximum group size and proportion of qualified employees for the youngest child in the group are observed.
  • Where a primary/junior school age group includes no more than 25 per cent of children who are between 44 months and 7 years of age and all children are younger than 13 years of age, the ratio, maximum group size and proportion of qualified employees for the licensed age group are observed. 
    Or  
    Where more than 25 per cent of a primary/junior school age group is from a younger age category, the ratio, maximum group size and proportion of qualified employees for the youngest child in the group are observed.
  • Where a junior school age group includes no more than 25 per cent of children who are between 7 years of age and 9 years of age and all children are younger than 13 years of age, the ratio, maximum group size and proportion of qualified employees for the licensed age group are observed. 
    Or  
    Where more than 25 per cent of a junior school age group is from a younger age category, the ratio, maximum group size and proportion of qualified employees for the youngest child in the group are observed.

Part 3.4 Reduced Ratios

Ontario Regulation 137/15 ss. 8(4)

Intent

In a child care centre, there are periods of time during the day where not all children are there at the same time or the children are sleeping/resting so fewer adults than required (by subsection 8(1)) at other times of the day are enough to adequately care for and supervise children.

Being able to have reduced ratios during some short parts of the day for certain age groups (namely those older than infants) gives staff a chance to take a break or come to/leave work at different times.

Subsection 8(4) is in place to limit when reduced ratios can happen.  Reduced ratios are only allowed during three different periods of time during the day:

  • arrival periods: reduced ratios are allowed because in most centres, children arrive at the child care centre at different times so attendance can fluctuate
  • departure periods: reduced ratios are allowed because in most centres, children leave the child care centre at different times so attendance can fluctuate
  • rest periods: reduced ratios are allowed because the children are not very active during rest period, so they need less supervision than during other times of the day

Offence

It is an offence under the CCEYA to contravene or fail to comply with section 8 of the regulation per section 88.1(3) of the regulation.

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)).

Administrative Penalty

Contravention of section 8 of the regulation may lead to an administrative penalty of $2,000 times the number of children that exceed the number specified in section 8; see section 78 of Ontario Regulation 137/15 and item 17 of Table 1 under that section.

The amount of the administrative penalty increases if the contravention is repeated in the next three years or if the contravention has been going on for two or more days in a row.

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

The regulation defines how long an arrival period is and a departure period is. The length of time depends on how many hours a day a program operates and there is a maximum length of time for both. See the quick reference chart below for details.

The regulation also defines the maximum length of a rest period for some programs. The following chart explains this and the maximum arrival and departure periods as well:

Program that operates for 6 hours or more per day:

  • arrival period* (counted from the time the program opens that day):
    • no more than 90 minutes
  • departure period* (counted from the time before the program closes for the day):
    • no more than 60 minutes
  • rest period:
    • no more than 2 hours for the licensed preschool or toddler groups or family groups with children age 2 to 5 years

Program operates for less than 6 hours per day:

  • arrival period* (counted from the time the program opens that day):
    • no more than 30 minutes
  • departure period* (counted from the time before the program closes for the day):
    • no more than 30 minutes
  • rest period:
    • not applicable. No length of rest period prescribed for any age/age group that operates for less than 6 hours per day

* child care centres that operate 24 hours/day do not have defined arrival or departure periods so the allowance for reduced ratios only applies to the rest period.

There are five situations where reduced ratios are never permitted:

  • during outdoor play periods, regardless of the age of the children
  • for infant groups: children under 18 months need more care and supervision than older children and may not yet be walking. All adults need to be present to look after infants, and, in the case of an emergency, to evacuate infants
  • for family age groups: because the way the required staff to child ratios are calculated is different than how ratios are calculated for child care centres operating under Schedule 1
  • for junior school age groups: as the staff to child ratio for these groups set out in Column 3 of Schedule 1 only requires one staff per group
  • at any time, other than a rest period in a child care centre that operates 24 hours a day. While reduced ratios can be in place during rest periods, reduced ratios are not permitted at any other time because 24 hour/day programs do not have distinct arrival or departure periods of time as part of the centre’s schedule

Licensees are responsible for ensuring that the numbers of adults required by the regulation are on-site, available and accessible to each room operating at a reduced ratio – even if those adults are not required to be counted in ratio. This is important in case of an emergency.

Cross-reference: a certain number of adults are required to be on the premises of the child care centre at all times. See subsection 8(6)of the regulation

There is a requirement in the regulation that requires people who are counted in staff to child ratios to have their first aid certification, including infant and child CPR. Newly hired staff have up to three months to get this certification. Because of this, some staff may not have their first aid certification when they start working at the centre.

To keep children safe and make sure there are staff who can respond to an emergency, the regulation requires that where there is a person who does not yet have their first aid certification and is supervising children, another staff person who is first aid certified must be available and close enough to the children so that the certified person can respond if there is an emergency.

Cross-reference: the regulation has requirements around staff training, including around first aid certification. See section 58.

Quick reference

This chart illustrates the relationship between staff ratios and the number of employees needed in various scenarios. It highlights how reduced ratios impact staffing requirements.
Name of age categoryRatio per Column 3 of Schedule 1Number of Children in RoomNumber of Staff Required During Periods when Reduced Ratios are Permitted
Infant3:101 to 10reduced ratios
never permitted
Toddler1:51 to 81
Toddler1:59 to 152
Preschool1:81 to 121
Preschool1:813 to 242
Kindergarten1:131 to 201
Kindergarten1:1321 to 262
Primary/Junior School Age1:151 to 231
Primary/Junior School Age1:1524 to 302
Junior School Age1:2020reduced ratios
never permitted

Best Practices

Licensees should let parents know what the program’s departure and arrival periods are, and where applicable, when the rest period is, so they know when there may be fewer staff present during the day. It is best practice for all licensees to:

  • let parents know when these time periods are when they are enrolling their child and
  • include the times of these periods in the parent handbook, which is required by section 45 of the regulation.

Compliance indicators

Schedule 1

  • Reduced ratios are not observed to be less than two-thirds of the required ratio.
  • Reduced ratios are not observed to be used for infant groups.
  • Reduced ratios are not observed to be used during outdoor play periods.

  • For programs that operate for six hours or more, during periods of arrival (that is, first 90 minutes), departure (that is, 60 minutes) and the rest period (that is, up to two hours):

    • toddler ratios are no less than 1:8
    • preschool ratios are no less than 1:12
    • kindergarten ratios are no less than 1:20
    • primary/junior school age ratios are no less than 1:23


    Or  
    For programs that operate for less than six hours, during periods of arrival (that is, first 30 minutes of a morning program) and departure (that is, last 30 minutes of an afternoon program):

    • toddler ratios are no less than 1:8
    • preschool ratios are no less than 1:12
    • kindergarten ratios are no less than 1:20
    • primary/junior school age ratios are no less than 1:23

Part 3.5 Supervisor Counted as Part of Ratios

Ontario Regulation 137/15 ss. 8(5)

Intent

A supervisor in a child care centre must direct the program, be in charge of the children, and manage the staff. This is a requirement in subsection 6(4) of the regulation.

Subsection 8(5) is in place to limit when a supervisor can be counted towards staff to child ratios because, in a large child care centre, it is not possible for the centre’s supervisor to do everything that is required of them by subsection 6(4) while at the same time doing what is required of staff who are counted in staff to child ratios.

Offence

It is an offence under the CCEYA to contravene or fail to comply with section 8 of the regulation per section 88.1(3) of the regulation.

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)).

Administrative Penalty

Contravention of section 8 of the regulation may lead to an administrative penalty of $2,000 times the number of children that exceed the number specified in section 8. See section 78 of Ontario Regulation 137/15 and item 17 of Table 1 under that section.

The amount of the administrative penalty increases if the contravention is repeated in the next three years or if the contravention has been going on for two or more days in a row.

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

Supervisors may be counted towards staff to child ratio requirements under certain circumstances, which are set out in subsection 8(5) and summarized below:

  • if 1 to 4 full-time employees (FTEs) are required to meet the ratios, the supervisor can be counted as a FTE with respect to ratios the whole time
  • if 5 or 6 FTEs are required to meet the ratios, the supervisor can only be counted as a FTE for up to 50% of the time a FTE is required to meet the ratio
  • if 7 or more FTEs are required to meet the ratios, the supervisor can not be counted as a FTE

Best practices

Whenever possible, supervisors should arrange their shifts in order to be available to parents during times of arrival and departure to discuss any questions or concerns.

Compliance indicators

  • Where the program requires fewer than five full-time employees to meet the required ratios (based on the current enrolment), the supervisor may be counted in staff-child ratios for up to the full day. 
    Or  
    Where the program requires five or six full-time employees to meet the required ratios (based on the current enrolment), the supervisor may be counted in staff-child ratios for no more than half of the day. 
    Or  
    When the program requires seven or more full-time employees to meet the required ratios (based on the current enrolment), the supervisor is not counted in staff-child ratios at any time.

Part 3.6 Minimum Number of Adults on the Premises

Ontario Regulation 137/15 ss. 8(6)

Intent

The younger children are, the more care and supervision they need and the more help they need to evacuate when there is an emergency, especially if the children are not walking yet. Subsection 8(6) is in place to make sure that there are enough people at the centre to help if there is an emergency.

The use of the word adult (which is a person 18 years of age or older) in this requirement (rather than staff) or employee is intentional because it can refer to people in the child care centre other than the staff required to be in the child to staff ratio. These other people can fulfill the requirement in this subsection (in addition to the staff who are counted in ratio).

Offence

It is an offence under the CCEYA to contravene or fail to comply with section 8 of the regulation per section 88.1(3) of the regulation.

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)).

Administrative Penalty

Contravention of section 8 of the regulation may lead to an administrative penalty of $2,000 times the number of children that exceed the number specified in section 8; see section 79 of Ontario Regulation 137/15 and item 17 of Table 1 under that section.

The amount of the administrative penalty increases if the contravention is repeated in the next three years or if the contravention has been going on for two or more days in a row.

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

Quick Reference

  • when 1 to 3 infants or 1 to 5 toddlers are receiving care in the centre, 1 adult needs to be at the child care centre
  • when 4 or more infants or 6 or more children who are older than toddlers are receiving care in the centre, 2 adults need to be at the child care centre.

Licensed infant groups need their own adult (1 or 2 adults, depending on the number if infants. If there are:

  • 1 infant and 6 toddlers, 3 adults would be needed
  • 4 infants and 6 toddlers, 4 adults would be needed

The requirements in section 8(6) must be met even when reduced ratios are being used. Even if only one adult is required to maintain the reduced staff to child ratio, an additional adult must be on site and readily available in case of emergency.

Example

45 minutes before a full-day child care centre closes (this is within the departure period), there are 8 toddlers left in the child care centre. Because of reduced ratio rules in subsections 8(2) and 8(3), only 1 staff needs to be counted in staff to child ratio and must be in the room with the toddlers.

But, because of subsection 8(6), there must be 2 adults at the centre.

The second adult who needs to be in the centre does not have to be counted in the staff to child ratio because the requirement to have 1 staff for every 8 toddlers during the departure period has already been met. This means that the other person required to be at the centre because of subsection 8(6) can be a support staff person (for example, a cook).

If there were 9 toddlers in the centre 45 minutes before it closes, 2 staff need to be there to meet the required staff to child ratio per subsections 8(2) and 8(3). No additional persons need to be at the centre because the requirement in 8(6) to have 2 adults present if there are more than 6 toddlers has already been met.

Compliance indicators

  • Where there are five or fewer children who are not in a licensed infant group, there is at least one adult on the premises. 
    Or  
    Where there are six or more children who are not in a licensed infant group, there are at least two adults on the premises.
  • Where there are three or less children in a licensed infant group, there is at least one adult on the premises. 
    Or  
    Where there are four or more children in a licensed infant group, there are at least two adults on the premises.

Part 3.7 Family Age Groups

Ontario Regulation 137/15 ss. 8.1 (1), (2) and (3)

Requirements re Licensed Family Age Groups Schedule 4 of the regulation.

Intent

Family age groups allow the placement of children of a broad range of ages in the same group in the same play activity room.

Family age groups are designed to increase access to licensed child care for families, particularly in areas of the province with dispersed and/or small populations where child care options are limited or in areas where there is a need for child care during non-standard hours of operation.

There are many benefits to grouping children in family age groups, including:

  • educators can encourage relationships and interactions between children of different ages
  • older children have opportunities to mentor, assist and show empathy for younger children, building their own sense of competence and leadership
  • younger children can learn from older peers as role models and supports in fostering complex play, creative thinking and problem-solving.

In recognizing that children develop and learn at different paces, the family age group creates opportunities to consider each individual child's abilities and interests. How Does Learning Happen? Ontario’s Pedagogy for the Early Years helps educators to plan for and create environments and experiences that respond to the varied abilities and each child's unique characteristics of children enrolled, while maintaining safety.

Clarifying Guidance

Each family age group must not exceed 15 children and no more than six children under two years of age. For more information on family age groups refer to the fact sheet.

Ministry program advisors can help applicants/licensees with calculations related to family age groups.

Offense

Contravention of section 8.1 of the regulation may lead to an administrative penalty of $2,000 times the number of children that exceed the number specified in section 8.1. See section 78 of Ontario Regulation 137/15 and item 18 of Table 1 under that section.

Administrative Penalty

The amount of the administrative penalty increases if the contravention is repeated in the next three years or if the contravention has been going on for two or more days in a row.

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

Compliance Indicators

  • It is observed that the maximum family age group size as set out in licence is being followed. 
    Or  
    Staff verbally confirm that the maximum family age grouping size, as set out on the licence is being followed.
  • It is observed that the family age grouping does not include more than six children younger than 24 months. 
    Or  
    Staff verbally confirm that the family age grouping does not include more than six children younger than 24 months.

Staffing

  • It is observed that there is sufficient staff required to provide care based on the number and age of children in the program. 
    And/Or  
    Staff verbally confirm that there are sufficient staff required to provide care based on children enrolled in the program.
  • It is observed that where six or more children are in attendance, there is at least 2 staff providing care. 
    Or  
    Staff verbally confirm that where six or more children are in attendance, there is at least 2 staff providing care. 
    And  
    It is observed that where there are more than ten children in attendance, and one or more are younger than 12 months there is at least 3 staff providing care. 
    Or  
    Staff verbally confirm that where there are more than ten children in attendance, and one or more are younger than 12 months there is at least 3 staff providing care 
    And  
    It is observed that where there are six or fewer children in attendance, and no more than three children are younger than 24 months, there is at least 1 staff providing care. 
    Or  
    Staff verbally confirm that where there are six or fewer children in attendance, and not more than three children are younger than 24 months, there is at least 1 staff providing care.

Qualified Staff

Proportion of qualified employees is observed as follows:

  • Where fewer than 3 staff are required to provide care, there is at least 1 staff are qualified or otherwise approved by the Ministry director. 
    Or  
    Where 3 or more staff are required to provide care, there is at least 2 staff are qualified or otherwise approved by the Ministry director.

Part 3.8 Resource Consultants

Ontario Regulation 137/15 s. 10

Intent

Resource consultants provide extra support related to children with special needs in child care centres. Section 10 is in place to prohibit these professionals from being counted in the required staff to child ratios because resource consultants’ roles and responsibilities in the centre do not include providing care and supervision (in other words, child care) to children.

Clarifying Guidance

Most resource consultants are employees of an agency such as a community centre or they are employees of a service system manager. These employers set out the qualification requirements for their own staff.

If child care staff are concerned about a child’s development and are thinking about requesting the services of a resource consultant, they must obtain consent from the child’s parent to make a request for or referral to the services of a resource consultant (and/or any other community-based services or supports).

Cross references

For resource consultants who are employees of a licensee, the qualification requirements for these professionals in Ontario Regulation 137/15 apply. See section 55 in the regulation.

The regulation defines a child with special needs as a child whose cognitive, physical, social, emotional or communicative needs, or whose needs relating to overall development, are of such a nature that additional supports are required for the child. See subsection 1(1) of the regulation.

Compliance Indicators

  • Resource consultants are not observed to be counted in staff: child ratios. 
    Or  
    Staff verbally confirm that resource consultants are not counted in staff: child ratios.

Part 3.9 Supervision by an Adult

Ontario Regulation 137/15 s. 11

Intent

Adult supervision of children is necessary to maintain a safe child care environment, to prevent or minimize the risk of injuries and to maintain a high level of quality in a child care program. This provision is in place to protect the safety and well-being of children by requiring that they be always supervised by an adult while receiving child care in a child care centre.

Clarifying Guidance

Offense

It is an offense under the CCEYA to contravene or fail to comply with section 11 of the regulation as per subsection section 88.1(4) of the regulation.

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).

Administrative Penalty

Contravention of section 11 of the regulation may lead to an administrative penalty of $2,000. See section 78 of Ontario Regulation 137/15 and item 20 of Table 1 under that section.

The amount of the administrative penalty increases if the contravention is repeated in the next three years or if the contravention has been going on for two or more days in a row.

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

Children must be actively supervised by an adult at all times including:

  • throughout the whole period that child care is being provided
  • when children are either on or off the premises of the child care centre (such as when they are at a community playground, travelling as part of a field trip, and more)
  • when children are in a vehicle, even if the children are in car seats or have their seatbelts on

If children are coming into the centre at different times from being outside for the required outdoor play period, to make sure there is no break in the supervision of children, an available adult who works at the centre should meet children at the door.

Where there are repeated incidents of children going unsupervised, the ministry may take additional progressive enforcement action against the licensee. The ministry looks at a number of factors when determining what progressive enforcement action to take including considering whether contraventions of section 11 are associated with complaints and/or serious occurrences and what types of corrective action, if any, the licensee has taken to reduce the likelihood of contraventions of section 11 in their centre (for example, the ministry may consider whether/how the licensee has started to support and train staff). Ministry staff may also provide additional oversight and monitoring in centres with patterns of non-compliances that are not improving in a meaningful and timely manner.

Cross references

The regulation has a set of specific requirements around sleep supervision. See section 33.1.

The regulation has requirements around outdoor play. See section 47(1), 47(1.1).

Age of staff

The Ministry recognizes an individual who is at least 18 years old as an adult for the purposes of Ontario Regulation 137/15. Therefore, staff members who are not yet 18 years of age cannot be left alone to supervise children.

While the CCEYA does not prohibit licensees from hiring individuals who are under 18 years old, licensees may have their own policies about the age of the persons they hire. If making such a policy, licensees are strongly encouraged to speak with a lawyer to ensure that it meets any relevant legal requirements (such as around human rights, labour, truancy).

Best practices

Adults who are supervising children should be actively supervising children which means they should minimize distractions (for example, use of personal electronic devices) that could take their focus/attention off of the children.

Licensees should discuss with supervising adults who will be doing what in terms of supervision (in other words, their roles and responsibilities when it comes to supervision). When there are new staff or when volunteers or parents join activities that they are not normally part of, they must be made aware of who needs to do what in terms of supervision.

To minimize the risk of serious harm/injury or instances of children going missing, supervising adults should:

  • make sure they are familiar with the physical layout of the child care centre premises and the outdoor space used by the children
  • know which children are in attendance at any particular time of the day
  • do frequent head counts of children to ensure that all of those who are at the centre for the day are present during various activities
  • position themselves to be able to see all children
  • anticipate what may happen next to be able to assist children and step in if there’s potential danger or a risk of children getting away from the group
  • be extra vigilant when on field trips, going on a walk, or during times of transition as children may not know what to do or where they should be going when taking part in activities that are not typically part of their day-to-day routines in the centre.

In general, supervising adults need to understand how much supervision needs to be provided to individual children by understanding their skills and abilities. Supervising adults may need to provide greater attention to children who require a higher degree of supervision compared to their peers due to their age/developmental stage or due to special and/or medical needs. Similarly, extra supervision/attention should be given to children who are new to the centre until they become familiar with the centre’s routines, the layout of the premises and outdoor space and more.

Those responsible for supervising children should focus on maintaining children’s physical safety as well as their psychological and emotional safety. Supervising adults need to look out for and address any instances of children teasing, intimidating or bullying other children.

Supervision of school-age children

How Does Learning Happen? Ontario’s Pedagogy for the Early Years sets out that children are to be viewed as capable and competent individuals. There may be situations where it is safe and appropriate for school-age children to be independent for a short period of time with guidance and support from adults.

Example

As children get older, they become more independent and are better able to self-regulate. Two school-aged children use a buddy system to go to the washroom together without direct adult supervision, like what happens during the school day. Licensees should consider an individual child’s competencies and how safe the building/hallways are when making decisions that can appropriately support the school-age child’s independence and learning of new skills.

Supervision around water

The ministry strongly recommends that licensees only bring children under their care and supervision to pools/beaches which have qualified lifeguards present. If visiting a beach, pool or other body of water, a comprehensive supervision plan needs to be in place. Ratio requirements under the regulation must be complied with when children are around bodies of water. Licensees should make efforts to have additional adults present, such as volunteers and parents when children will be swimming.

The use of on-premises splash pads, sprinklers, hoses or water tables, under close supervision of adults always, can be good cooling or sensory activities if going to a swimming pool or beach is not an option. Such play-based learning and sensory exploration opportunities are important to children’s development and should be encouraged. Your local public health unit may have recommendations and/or requirements related to the use of water tables or other water-based activities.

Resources around water safety

All licensees, staff, parents, volunteers and students on an educational placement at the centre are strongly encouraged to familiarize themselves with basic water/swimming safety practices and precautions. See the resources list at the end of the manual.

Cross-references

The requirements for staff to child ratios apply to all off-premises activities including field trips to pools, beaches, etc. See section 8 of the regulation.

The regulation requires people who are counted in ratios to have their first aid certification, including infant and child CPR. Newly hired staff have up to three months to get this certification. Because of this, some staff may not have their first aid certification when they start working at the centre. To keep children safe and make sure there are staff available who can respond to an emergency, the regulation also requires that where a person who does not yet have their first aid certification and is supervising children, another staff person who is first aid certified is available and close enough to the children so that the certified person can respond if there is an emergency. This requirement applies when children are off the premises such as when there is a field trip. See section 58 of the regulation.

The regulation has separate requirements around sleep supervision. See section 33.1 of the regulation.

Important information

Early childhood educators are reminded that failing to adequately supervise a child who is under the professional supervision of an early childhood educator is considered professional misconduct under the Early Childhood Educators Act, 2007. Refer to section 2 of Ontario Regulation 223/08 (Professional Misconduct).

Helpful information

The College of Early Childhood Educators has produced resources around supervision. See the College’s Practice Note: Professional supervision and College Talk: Enhancing children’s safety through professional supervision.

Compliance indicators

  • All children are observed to be always supervised by an adult. 
    And  
    Staff who work with kindergarten and school-age children describe the supervision strategies for these groups (e.g., washroom routines).

Part 3.10 Supervision of Students and Volunteers

Ontario Regulation 137/15 ss. 11 (1), (2)

Intent

While volunteers and students play an important role in supporting staff and enriching children’s daily experiences at the child care centre, it is the employees of the centre who are counted in required staff to child ratios and who need to be first aid certified. Additionally, many requirements that licensees are subject to are tied to staff.

To protect the health, safety and well-being of children in the program and ensure licensees are meeting all requirements in the regulation, section 11.1 is in place to prohibit children being left alone with a volunteer or student unless the student is also an employee. As of January 1, 2024, the regulation was amended to clarify that staff who are employed while also enrolled in an educational program and who are completing an educational placement in their current place of work may continue to be counted as a staff member throughout the duration of their placement.

This section also requires that policies and procedures set out the roles and responsibilities for all three types of people who are at the centre:

  • staff, including those staff who are responsible for supervising the students or volunteers in the centre
  • students
  • volunteers

Clarifying Guidance

Contravention of subsection 11.1(1) of the regulation may lead to an administrative penalty of $1,000. See section 78 of Ontario Regulation 137/15 and item 0.1 of Table 2 under that section.

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

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

Cross references

Information about the requirement regarding the supervision of volunteers and students and the related policies and procedures required must be included in the parent handbook. See clause 45(1) (a.1) of the regulation.

Licensees must implement and ensure that the written policies and procedures relating to the supervision of volunteers and students are implemented by staff, volunteers and students and are monitored for compliance and contraventions. See section 6.1 of the regulation.

Important Information

A duty parents who is taking the place of an employee in a cooperative child care program is not considered a volunteer if they are being counted in the required staff to child ratios. In these instances, they must meet all the requirements for staff.

Best Practices

When developing their required written policies and procedures regarding students and volunteers, licensees should consider:

  • who will supervise volunteers and students at the centre
  • which staff member or staff position will be designated to orient and mentor the volunteer or student
  • how staff, volunteers and students are made aware of who is responsible for the implementation of the policy and supervision of volunteers and students

Compliance Indicators

  • It is observed that volunteers and students are always supervised by an employee 
    And  
    No volunteers or students are left alone with children 
    And  
    Staff verbally confirm that no volunteer or student is left unsupervised with children.

  • The licensee has developed a supervision policy and procedures for volunteers and students that includes the following:

    • every volunteer and student are always supervised by an employee
    • no volunteer or student is permitted to be alone with any child
    • roles and responsibilities for the licensees and supervising employees
    • roles and responsibilities of volunteers and students


    Or  
    The licensee has adopted and completed all customizable areas of the standard policy provided by the Ministry.