Bill 10 in a Nutshell

Bill 10 received Royal Assent and was passed as law by the Ontario Provincial Government on December 4th, 2014. It is also referred to as the Child Care and Early Years Act, 2014 (CCEYA).  There are many parents and providers who don’t even know new rules exist about childcare in Ontario, let alone what the new rules are. Then there are providers who have been fighting Bill 10 for what seems like forever. They know the rules, but there is still confusion over some of the details and how they affect people in Ontario who are paid to care for children. The Act and regulations are very lengthy and have been written by politicians and lawyers. They are definitely not easy to understand. Some have asked “Where can I find some ‘dummy’ notes of the rules ’Plain English’ LOL” and “Can anyone give a ‘Coles Notes Version’ of what Bill 10 is?” So I decided to try to let people know about the rules for child care providers, and clear up some of the confusion.
What are the rules for home daycare?
How many children can I legally care for in my daycare in Ontario?
Do I have to count my own children in my daycare numbers?
So many questions. I hope to provide you with some answers! The new rules affect Independent Childcare Providers (ICPs), providers who are affiliated with a licensed agency, and licensed childcare centers. The following is taken directly from a government document and states those who are exempt from the Act:
  • Nannies or babysitters that provide care to children in the children’s home
  • Care by relatives
  • Camps that only care for children aged 4 and over
  • Programs with a primary purpose of academic or skill-based recreation
  • Private schools that only care for children aged 4 and over
Today, I will focus solely on the rules as they affect ICPs.  If you work in a Licensed Childcare Center, a private school or camp who also cares for children under 4, or are a provider who works with an Agency, the Bill does have regulations that affect you, but I recommend you look elsewhere for the information you require. I have provided links below for the Act and Regulations if you are interested in viewing the rules for yourself.

Bill 10 in a Nutshell

1. Maximum of 5 Children

An ICP may care for a maximum of 5 children under the age of 13 years including their own children under the age of 6 (See #3 for details of when your own must be counted. See #5 re when daycare children 10-12 years old must be counted).

2. Two under two Years

A maximum of 2 children may be under 2 years of age (24 months or younger). This includes your own children as well as daycare children. You are not allowed an overlap with 3 even for short periods of time. (See #4 re exception if you had more than 2 prior to December 4, 2014 and they are not over 2 years yet).

3. Provider’s own Children

Your own children never count in your daycare numbers if they are 6 years or older, or when they are not on the premises (e.g. if they are at school, at a friend’s house etc.) Your own children, who are 3 to 5 years old and attending a publicly funded full-day JK, SK or grade one program, will not count in your numbers on week days between 7am & 6pm during the school year, IF you only have one or no children in your care who are less than 24 months (i.e. less than 2 under 2 years present any time your child is on the premises), AND you have no convictions under the DNA (Day Nurseries Act) or the Child Care and Early Years Act, 2014 (CCEYA). NOTE: For greater clarity, you must count your own child(ren) under 6 years of age who attend JK/SK or grade 1 any time they are on your premises if any of the following apply …
  • you have 2 children under 2 years old in your care
  • it is during summer break
  • your child is home schooled or attends a private school (not a publicly funded school)
  • it is after 6pm and before 7am
  • it is on the weekend (after 6pm Friday and before 7am Monday)
  • you have a conviction under the DNA (Day Nurseries Act) or the Child Care and Early Years Act, 2014 (CCEYA)

4. When the new daycare rules in Ontario take Effect

Although Bill 10 received Royal Assent, and was passed as law on December 4th, 2014, it took effect on August 31st, 2015. In fact, the following two rules for ICPs will not apply until January 1, 2016 as long as the children were in care on or prior to December 4th, 2014:
  • Providers must count their own children under the age of 6 (see #3 for details)
  • Providers can only care for a maximum of 2 children under the age of 2 years (See #2).
For example, if a provider was caring for three 12 month olds on December 4, 2014 (or earlier), then they may continue to care for those children until January 1, 2016. If the provider gave birth to children or took in new daycare childcare after December 4, 2014, they had to be in compliance to the new rules by August 31, 2015. If all children were in care before December 4, 2014, the provider has until January 1, 2016 to meet the new regulations.

5. Ten to twelve year olds

Providers must include 10, 11, and 12 year old daycare children in the total count of children they care for as of August 31st, 2017 (i.e. Not for two years). Note: Those who are 10 years of age or older on August 31, 2015 will never have to be counted in a provider’s numbers.

6. First Aid Training and Police Checks

The Ontario government states the new regulations are implemented to increase safety of children. However, they did not make it mandatory for ICPs to have First Aid/CPR training. Nor did they make it mandatory to have a criminal record check (Vulnerable Sector Screening Check) showing parents they do not have a criminal record. While these are NOT part of the new regulations, if you are going to care for children, I highly recommend you have First Aid/CPR training, and have a Vulnerable Sector Screening Check done. I would definitely recommend parents ask about these two issues and to see proof or documentation. See my post that discusses this issue in detail.

7. Disclosure that your program is not Licensed

All ICPs must provide written notice to clients that they are not licensed with the Ontario Government and keep a record of the disclosure for at least 2 years. It must say: “This child care program is not licensed by the Government of Ontario.” The record may be in electronic or hard-copy format.

8. Subcontracting Childcare if not a Licensed Agency

A person must not sign on clients and subcontract the care to another provider such as an Agency would do, unless they are a licensed agency. This does NOT prohibit an ICP to have a spouse or another person come into their home to temporarily provide care for the children with the consent of the parents (e.g. For an appointment or an emergency). It may be best to have the clients sign a separate contract to show they have made arrangements directly with that individual, and you are not entering into an agreement to provide for a third person to provide care for the child.

9. More than one location

An ICP (unlicensed provider) cannot operate in more than one location (e.g. two town houses with 5 children in each and another adult caring for the children in the other location). Note: This rule does not prohibit you from taking your daycare children to another location such as the park or drop in centers, or even renting a location other than your home to provide care, as long as you are not doing so in a second location.

10. Use of words such as Licensed

An ICP (unlicensed provider) must not use the words “licensed”, “Child care center” or “Home child care agency” to describe their program or services.

11. Receipts

All providers, both licensed and unlicensed, are required to provide receipts for payment of services upon request.

12. Parental access

With specific exceptions, all providers, both licensed and unlicensed, are required to allow parental access to the premises and their child. I encourage you to read the Child Care and Early Years Act, 2014 (CCEYA) for yourself, as well as the regulations regarding the CCEYA. The Ontario Government has also published a helpful pamphlet called “What Parents and Providers need to know”. If you have questions regarding your specific situation, or to gain further information or discuss the rules, you may wish to check out the Open FB group - Parents and Providers Concerned about Bill 10. I also encourage you to comment below. How have the new rules affected you as a parent looking for daycare, or as a provider? What items above were new information to you? All of them? None of them? How did you find out about the Child Care and Early Years Act? Are there any points mentioned above that you would like me to deal with specifically in a future blog post (quoting the regulations and showing the reasons I believe this is what the government requires)? I look forward to your feedback. If this has been helpful to you, please share with others.facebooktwittergoogle_plusredditpinterestlinkedinmail

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