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O. Reg. 565/22: GENERAL
filed December 14, 2022 under Child Care and Early Years Act, 2014, S.O. 2014, c. 11, Sched. 1
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made under the
Child Care and Early Years Act, 2014
Made: December 8, 2022
Filed: December 14, 2022
Published on e-Laws: December 14, 2022
Printed in The Ontario Gazette: December 31, 2022
Amending O. Reg. 137/15
(GENERAL)
1. Ontario Regulation 137/15 is amended by adding the following section:
Eligibility for Canada-Wide Early Learning and Child Care System
13.1 (1) Every person who applies for a licence to operate a child care centre under section 20 of the Act shall, at the time of application, file the following with a director:
1. If the person intends to apply for enrolment in the Canada-Wide Early Learning and Child Care System, advice provided by a service system manager to the person within the preceding six months regarding whether the person would be enrolled in the Canada-Wide Early Learning and Child Care System under subsection 77.3 (2) based on the information provided by the person to the service system manager.
2. If the person does not intend to apply for enrolment in the Canada-Wide Early Learning and Child Care System, evidence that the person has notified the service system manager of their intent to apply for a licence and that they will not be applying for enrolment in the Canada-Wide Early Learning and Child Care System.
(2) Every person who applies for a licence to operate a home child care agency under section 20 of the Act shall, at the time of application, file with a director the advice or evidence described in subsection (1).
(3) Every licensee who applies for the renewal or revision of a licence to operate a child care centre or home child care agency shall file with a director the advice or evidence described in subsection (1) if the director so requires.
(4) Any advice provided by a service system manager for the purposes of this section shall be based on the information the service system manager has at the time the advice is provided and does not constitute a decision or promise made for the purposes of subsection 77.1 (4).
2. Subsections 77.1 (4) and (4.1) of the Regulation are revoked and the following substituted:
(4) If a licensee or applicant for a licence notifies the local service system manager in writing that it will not be applying for enrolment in the Canada-Wide Early Learning and Child Care System the caps on fees established under subsections (2) and (3) cease to apply to the licensee or applicant.
3. Subsection 77.3 (2) of the Regulation is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:
(c) if the application for enrolment is submitted on or after January 1, 2023, the operation of the child care centre or home child care agency in the service area is inconsistent with the service system manager’s child care and early years programs and services plan with respect to,
(i) the demand for child care, and
(ii) the capacity and locations of existing child care centres and premises where home child care is provided.
4. Section 77.6 of the Regulation is amended by striking out “77.1 to 77.5” and substituting “13.1 and 77.1 to 77.5”.
Commencement
5. This Regulation comes into force on the later of January 1, 2023 and the day this Regulation is filed.