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
Bill 10 in a Nutshell
1. Maximum of 5 ChildrenAn 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 YearsA 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 ChildrenYour 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 EffectAlthough 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).