Education Act

ONTARIO REGULATION 221/11

Extended Day and third party Programs

Historical version for the period July 1, 2017 to August 1, 2019.

Last amendment: 250/17.

Legislative History: 341/11, 343/11, 246/12, 304/12, 288/13, 138/14, 363/15, 129/16, 436/16, 250/17.

This is the English version of a bilingual regulation.

CONTENTS

 

Part I
GENERAL

Application

1. (1) The obligations under this Regulation with respect to a school terminate upon the closure of the school. O. Reg. 129/16, s. 1.

(2) This Regulation applies only to district school boards, The Protestant Separate School Board of the Town of Penetanguishene, The Moosonee District School Area Board and The Moose Factory Island District School Area Board. O. Reg. 129/16, s. 1.

Part II
SCHOOLS SUBJECT TO SECTION 259 or 259.1 OF THE ACT

Schools subject to s. 259 (1) of the Act

2. (1) Every board shall, in every elementary school of the board in which instruction is given in any part of the primary division or junior division, operate an extended day program or ensure the operation of a third party program under subsection 259 (1) of the Act for pupils of the board who are enrolled in junior kindergarten or kindergarten. O. Reg. 129/16, s. 3 (1).

(1.1) Every board shall, beginning in the 2017-18 school year in every elementary school of the board in which instruction is given in any part of the primary division or junior division, operate an extended day program or ensure the operation of a third party program under subsection 259.1 (1) of the Act for pupils of the board who are enrolled in grades 1 to 6. O. Reg. 129/16, s. 3 (2).

(2) A board shall operate the program or ensure that the program is operated both before the start of the school day and after the end of the school day. O. Reg. 129/16, s. 3 (1).

2.1 Revoked: O. Reg. 129/16, s. 4.

Exceptions

3. (1) Despite section 2, a board is not required in a school year to operate or ensure the operation of the before school portion, the after school portion or both portions of an extended day program or a third party program in a school of the board if there is an agreement that such operation is not needed for the school year in the school between,

(a) the board;

(b) any First Nation that has an agreement, under section 188 of the Act, with the board relating to one or more pupils in the school; and

(c) the service system manager designated under the Child Care and Early Years Act, 2014 for the service area where the school is located. O. Reg. 129/16, s. 5 (4).

(2) Before coming to an agreement described in subsection (1), the board shall carry out consultations in accordance with section 4 in order to assess the viability of and demand for the portion or portions that would be affected by such an agreement. O. Reg. 129/16, s. 5 (4).

(3) Despite subsection (1), if a board is not able to enter into an agreement described in subsection (1) by the last day of April in each year, the board shall operate or ensure the operation of the before school portion, the after school portion or both portions of an extended day program or a third party program in the next school year. O. Reg. 129/16, s. 5 (4).

(4) Despite subsections (1) and (2), sections 3 and 3.1, as they read on March 30, 2017, continue to apply to a board that is not operating an extended day program or ensuring the operation of a third party program in the 2016-17 school year until the end of that school year. O. Reg. 129/16, s. 5 (4).

3.1 Revoked: O. Reg. 129/16, s. 6 (3).

Part III
Determinations re Extended day and third party programs

Plans for provision of extended day or third party program

4. (1) Before the last day of April in each year, every board shall undertake a planning process for each school of the board described in subsection 2 (1) or (1.1) in order to plan for the provision in the school, in the next school year, of,

(a) a before school portion, an after school portion or both portions of an extended day program or a third party program; or

(b) an extended day program or third party program operated in the school on non-instructional days. O. Reg. 129/16, s. 7 (1, 2).

(2) As part of the planning process referred to in subsection (1), a board shall consult with,

(a) the service system managers designated under the Child Care and Early Years Act, 2014 for the service areas of the school board;

(b) any First Nation that has an agreement, under section 188 of the Act, with the board;

(c) operators of existing third party programs selected by the board;

(d) parents whose children are enrolled in junior kindergarten to grade 6 or who intend to enrol their children in junior kindergarten to grade 6 in the next school year, and who have provided their contact information to the board; and

(e) Aboriginal organizations that provide culturally appropriate programs and services to urban aboriginal communities. O. Reg. 129/16, s. 7 (1, 3).

(3) The consultation mentioned in subsection (2) shall be for the purpose of assisting the board in determining,

(a) the demand and viability in each school for the programs or portions of programs mentioned in clauses (1) (a) and (b); and

(b) the projected enrolment for an extended day program or a third party program in respect of each school. O. Reg. 129/16, s. 7 (1).

(4) As part of the consultation mentioned in subsection (2), a board shall provide information to the persons or entities described in subsection (2) regarding the estimated daily fee and the estimated non-instructional day fee for each extended day program or third party program that the board expects will be operating in the next school year. O. Reg. 129/16, s. 7 (1).

Determinations

5. (1) Before the last day of April in each year, a board shall, using information, including the information received during the consultations, determine the following:

1. The schools in which the board will operate extended day programs in the next school year for pupils enrolled in junior kindergarten to grade 6.

2. The schools in which the board will ensure that a third party program will be operated in the next school year for pupils enrolled in junior kindergarten to grade 6.

3. For each school in which the board will operate an extended day program in the next school year,

i. the actual number of minutes of operation of the program,

ii. the times in the day during which the board will operate the before and after school portions of the program,

iii. the features that the board anticipates the before and after school portions of the program will include, and

iv. any non-instructional days on which the board anticipates it will operate the program for pupils enrolled in junior kindergarten to grade 6. O. Reg. 129/16, s. 8 (1-3).

(2) A board shall confirm the following with the operator of a third party program for each school in which a third party program will be operated in the next school year:

1. The actual number of minutes of operation of the program.

2. The times in the day during which the operator will operate the before and after school portions of the program.

3. Any non-instructional days on which the operator anticipates it will operate the program for pupils enrolled in junior kindergarten to grade 6. O. Reg. 129/16, s. 8 (1, 4).

Determination of fees, extended day

6. (1) Every board that determines that it will operate an extended day program in a school of the board in the next school year shall determine the daily fee and the non-instructional day fee, if any, to be charged by it to parents of pupils enrolled in the program. O. Reg. 129/16, s. 9 (1).

(2) The determination of the fees described in subsection (1) shall be made no later than the last day of April in each year. O. Reg. 129/16, s. 9 (1).

(3) The daily fee and the non-instructional day fee shall bear a reasonable relationship to the operating costs incurred by the board. O. Reg. 129/16, s. 9 (1).

(4) In determining the fees under subsection (1), the board shall take into account the cost of providing access to pupils with special education needs. O. Reg. 129/16, s. 9 (1).

Posting of fees and other information

7. (1) Before the last day of April in each year, every board shall, with respect to each school in which the board is required to operate an extended day program or ensure the operation of a third party program in the next school year, do the following:

1. Post the fees described in subsection (2) or (3) and the information described in subsection (4) on the board’s website.

2. Provide the fees described in subsection (2) or (3) and the information described in subsection (4) in writing to the parents described in clause 4 (2) (d). O. Reg. 129/16, s. 9 (1).

(2) If a board has determined under section 5 with respect to a school that it will operate an extended day program in the next school year, the fees to be posted and provided under subsection (1) are the board’s daily fees and non-instructional day fees for the next school year. O. Reg. 129/16, s. 9 (1).

(3) If a board has determined under section 5 with respect to a school that it will ensure that a third party program is operated in the next school year, the fees to be posted and provided under subsection (1) are the fees that the operator of the third party program has advised the board it will charge in the next school year. O. Reg. 129/16, s. 9 (1).

(4) The information to be posted and provided under subsection (1) is the following, if relevant:

1. The information determined or confirmed under section 5.

2. Financial assistance that may be available to persons who are charged fees for extended day programs or third party programs, or where to obtain that information.

3. Notice that if a third party program that the board indicates will be operated in a school is not operated, an extended day program or third party program will be operated in the school but the fees, days and times of operation may change.

4. Any other information that the board considers relevant. O. Reg. 129/16, s. 9 (1).

(5) If a board will not operate an extended day program or ensure the operation of a third party program in a school of the board in the next school year due to an agreement described in subsection 3 (1), the board shall, before the last day of April, do the following:

1. Post that information on the board’s website.

2. Provide that information in writing to those parents described in clause 4 (2) (d) who have enrolled or intend to enrol their children in the school. O. Reg. 129/16, s. 9 (1, 2); O. Reg. 250/17, s. 1.

8.-13. Revoked: O. Reg. 129/16, s. 9 (1).

14. Revoked:  O. Reg. 343/11, s. 6.

15. Revoked:  O. Reg. 343/11, s. 7.

Part IV (ss. 16-20.1) Revoked: O. Reg. 129/16, s. 10 (2).

Part V
Extended Day Programs — Miscellaneous

Deposits and registration fees

21. (1) A board may require a deposit or a registration fee to be paid to enrol a pupil in an extended day program.  O. Reg. 221/11, s. 21 (1).

(2) The amount of a deposit required under subsection (1) shall not exceed the amount of fees charged by the board for two weeks’ enrolment in an extended day program and shall be deducted from the amount of fees payable to the board in respect of the pupil’s enrolment.  O. Reg. 221/11, s. 21 (2).

(3) The amount of a registration fee required under subsection (1) shall not exceed $50.  O. Reg. 221/11, s. 21 (3).

(4) A board shall refund a deposit, less a maximum of $50 for administrative fees, if, before the first day that the pupil is enrolled to attend the program the parent advises the board or a school of the board that the pupil will not be attending.  O. Reg. 221/11, s. 21 (4).

Board approval of delegation by principal

22. (1) A board may by resolution give approval to a principal to delegate some or all of his or her duties related to the operation of extended day programs to persons other than a vice-principal if the delegation is in accordance with the following:

1. The delegation is to,

i. a person appointed by a board under paragraph 5.1 of subsection 171 (1) of the Act to supervise persons in positions designated by the board as requiring an early childhood educator,

ii. a person appointed by a board under subsection 260 (2) of the Act to an early childhood educator position in an extended day program unit that is designated as requiring an early childhood educator, or

iii. a person who the principal considers able to fulfil the duties responsibly.

2. The duties delegated to a person described in subparagraph 1 iii may only be exercised in the event of an emergency and if,

i. no person described in subparagraph 1 i or ii is available, and

ii. there is no vice-principal employed in the principal’s school or there is a vice-principal employed in the principal’s school and the principal has already delegated the duties to be delegated to the vice-principal but he or she is not available.

3. A delegation under subparagraph 1 iii shall be for a temporary period that the principal considers appropriate in the circumstances.

4. A delegation under subparagraph 1 iii shall comply with guidelines, if any, established by the board under subsection (2).  O. Reg. 221/11, s. 22 (1).

(2) A board may establish guidelines respecting the categories of persons who may be delegates under subparagraph 1 iii of subsection (1).  O. Reg. 221/11, s. 22 (2).

(3) The board’s approval shall require that a delegation by a principal be in writing and include the following:

1. The name of the individual appointed as a delegate.

2. The scope of a delegation, including the duties being delegated and any conditions on the exercise of those duties.

3. The duration of the delegation.

4. Any other matter that the board considers should be included in writing in the delegation.  O. Reg. 221/11, s. 22 (3).

(4) Despite subsection (3), in the case of a delegation under subparagraph 1 iii of subsection (1), the matters referred to in paragraphs 1 to 4 of subsection (3) may be specified orally at the time of the delegation and confirmed in writing by the principal within such time period as the board may specify.  O. Reg. 221/11, s. 22 (4).

(5) A board’s approval shall include directions respecting a principal’s duty to monitor the manner in which delegates fulfil their duties.  O. Reg. 221/11, s. 22 (5).

(6) A board’s approval shall require the principal to ensure that any board policy governing emergency procedures, including emergency notifications, is readily available to every person to whom the principal delegates duties.  O. Reg. 221/11, s. 22 (6).

(7) A board’s approval shall require principals to provide copies of delegations and confirmations to such persons as the board may specify.  O. Reg. 221/11, s. 22 (7).

Designation of early childhood educator position, exception

23. A board is not required to designate a position in an extended day program unit in a school as requiring an early childhood educator or to appoint an early childhood educator to such a position if all of the pupils in the unit are nine years or older.  O. Reg. 221/11, s. 23.

Appointment to early childhood educator positions, urgent situations

24. (1) Subject to section 25, where no early childhood educator is available, a board may appoint, to an extended day program position designated by the board as requiring an early childhood educator, a person who is not,

(a) an early childhood educator; or

(b) a person authorized by a letter of permission to be appointed to a position designated by the board as requiring an early childhood educator.  O. Reg. 221/11, s. 24 (1).

(2) A person appointed under subsection (1) shall be 18 years of age or older and hold an Ontario secondary school diploma, a secondary school graduation diploma or a secondary school honour graduation diploma, or an equivalent to any of them.  O. Reg. 221/11, s. 24 (2).

(3) An appointment under this section is valid for 10 school days commencing with the day on which the person is appointed.  O. Reg. 221/11, s. 24 (3).

(4) A board shall submit an annual report to the Minister, and any additional reports that the Minister may require, about appointments made under this section.  O. Reg. 221/11, s. 24 (4).

(5) A report shall address such matters as the Minister may specify and shall be submitted within the time and in the form that the Minister may specify.  O. Reg. 221/11, s. 24 (5).

Appointment to early childhood educator positions, urgent or letter of permission

25. (1) A board shall not appoint a person to an extended day program position designated by the board as requiring an early childhood educator under section 24, or in accordance with a letter of permission, if the person is or has ever been a member of the College of Early Childhood Educators.  O. Reg. 221/11, s. 25 (1).

(2) A board shall not appoint a person to an extended day program position designated by the board as requiring an early childhood educator under section 24, or in accordance with a letter of permission, unless the person has provided to the board a written statement that any early childhood education certificate or licence granted to him or her by another jurisdiction is not cancelled, suspended or revoked for any reason other than failure to pay fees or levies to the governing body.  O. Reg. 221/11, s. 25 (2).

Certificate cancelled, revoked or suspended

26. A person whose early childhood education certificate of registration is cancelled, revoked or suspended by the College of Early Childhood Educators shall not be appointed to an extended day program position designated by a board as requiring an early childhood educator.  O. Reg. 221/11, s. 26.

Part VI
Third Party ProgramS — Miscellaneous

Criteria re third party programs

27. (1) For the purposes of section 259.1 of the Act, a board shall ensure that a third party program operated in a school of the board meets the criteria prescribed by this section.  O. Reg. 221/11, s. 27 (1); O. Reg. 129/16, s. 11 (1).

(2) The operator of a third party program in the school must meet one of the following criteria:

1. The operator has an agreement with a service system manager designated under the Child Care and Early Years Act, 2014 for the provision of child care.

2. The operator provides an authorized recreational and skill building program which offers only an after school program which does not exceed three hours in duration each day. O. Reg. 129/16, s. 11 (2).

(3) The operator of a third party program in the school must be a not-for-profit entity or a municipality, unless the board is exempt from this requirement in respect of a school year under one of the following paragraphs:

1. For the 2011/2012 school year, the board affirms to the Minister, in a form specified by the Minister, no later than July 15, 2011, that the board has taken reasonable steps to find a not-for-profit entity or municipality to operate a third party program in the school but was not able to do so because,

i. there were no not-for-profit entities or municipalities that expressed an interest in operating the program, or

ii. none of the not-for-profit entities or municipalities that expressed an interest in operating the program would meet the third party program requirements under the Act.

2. The board affirms to the Minister, in a form specified by the Minister, that,

i. after the first day of the preceding school year, notice of the board’s request for expressions of interest in operating a third party program in the school by not-for-profit entities or municipalities,

A. was published on the board’s website for at least 45 days,

B. was published in a newspaper having provincial circulation in Ontario on at least five of the days on which the notice was published on the board’s website, with at least one of those days being within the first 10 days on which the notice was published on the board’s website,

C. was published on a publicly accessible website approved by the Minister on at least 10 of the days on which the notice was published on the board’s website, and

D. was provided in writing, on the day the board first published the notice on its website, to the service system manager designated under the Child Care and Early Years Act, 2014 for the municipality in which the school is located, and

ii. the board was not able to find a not-for-profit entity or a municipality to operate a third party program in the school because,

A. there were no not-for-profit entities or municipalities that expressed an interest in operating the program, or

B. none of the not-for-profit entities or municipalities that expressed an interest in operating the program would meet the third party program requirements under the Act.

3. The board affirms to the Minister, in a form specified by the Minister, that,

i. the board was previously exempt under paragraph 1 or 2 from the requirement that an operator of a third party program in the school must be a not-for-profit entity or a municipality,

ii. based on that exemption, the board entered into an agreement with a third party that was neither a not-for-profit entity nor a municipality to operate a third party program in the school,

iii. the agreement or a successor agreement between the board and that third party has been in effect every school year since the board was exempt under paragraph 1 or 2 from the requirement, and

iv. by agreement between the board and that third party, the third party will operate the third party program in the school year.

4. The board affirms to the Minister, in a form specified by the Minister, that,

i. at the time this Regulation came into force, regardless of whether the board was required at that time to operate an extended day program or ensure the operation of a third party program in the school, the board had a written agreement with a third party that is neither a not-for-profit entity nor a municipality respecting the operation by the third party of a before school program, an after school program or both, on the school site, for pupils in junior kindergarten and kindergarten, outside the time when junior kindergarten and kindergarten are operated in the school,

ii. the agreement or a successor agreement between the board and that third party has been in effect every school year since this Regulation came into force, and

iii. by agreement between the board and that third party, the third party will operate the third party program in the school year.  O. Reg. 221/11, s. 27 (3); O. Reg. 343/11, s. 8; O. Reg. 363/15, s. 2 (2); O. Reg. 129/16, s. 11 (3).

(4) In this section,

“authorized recreational and skill building programs” means authorized recreational and skill building programs as defined in subsection 2 (1) of the Child Care and Early Years Act, 2014. O. Reg. 129/16, s. 11 (4).

Conditions in agreement between board and operator

28. An agreement between a board and an operator of a third party program must include the following conditions:

1. The operator shall include in the third party program the content that boards are required to include in an extended day program.

2. The operator shall ensure that employees or contractors of the operator who become aware that a pupil of the board may have engaged in an activity described in subsection 306 (1) or 310 (1) of the Act report to the principal of the school about the matter, as soon as reasonably possible.  This requirement applies to employees or contractors of the operator who, in the normal course of providing the program, regularly come into direct contact with children enrolled in the third party program.  O. Reg. 221/11, s. 28.

Third party program ceasing operation during a school year

29. For the purposes of subparagraph 2 ii of subsection 259.3 (1) and subparagraph 2 ii of subsection 259.3 (2) of the Act, a board is required to ensure that in the circumstances described in those subsections a program operated under subsection 259 (1) is operated,

(a) on the professional activity days and any other day during the school year on which the program that was terminated or ceased to operate would have operated under the agreement that governed it; and

(b) during at least the same hours of operation on the days described in clause (a) that the program that was terminated or ceased to operate would have operated under the agreement that governed it.  O. Reg. 221/11, s. 29.

30. Omitted (revokes other Regulations).  O. Reg. 221/11, s. 30.

31. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 221/11, s. 31.

Schedule 1 Revoked:  O. Reg. 343/11, s. 9.