CHILD CARE LICENSING REGULATION - Alberta

1 Published by Alberta Queen s Printer E-mail: Shop on-line at Alberta Queen s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Alberta REGULATION 143/2008 With amendments up to and including Alberta REGULATION 152/2016 CHILD care LICENSING ACT CHILD care LICENSING REGULATION Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20__.* *The year of first publication of the legal materials is to be completed.

2 Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and regulations should be consulted for all purposes of interpreting and applying the law. (Consolidated up to 152/2016) Alberta REGULATION 143/2008 CHILD care LICENSING Act CHILD care LICENSING REGULATION Table of Contents 1 Definitions Part 1 Application Process 2 Information to accompany application for licence 3 Information to accompany renewal application 4 Fees 5 Conditions precedent to issuing licence 6 Notice of changes Part 2 CHILD care Programs 7 Categories of CHILD care programs 8 Day care program 9 Group family CHILD care program 10 Innovative CHILD care program 11 Out of school care program 12 Pre-school program Part 3 CHILD care Certification 13 Levels of CHILD care certification 14 Application for certification 15 CHILD development supervisor 16 CHILD development worker 17 CHILD development assistant 18 Cancellation of certification Part 4 Administrative Matters 19 Forms 20 Repeal 21 Expiry Section 1 AR 143/2008 CHILD care LICENSING

3 REGULATION 2 22 Coming into force Schedules Definitions 1(1) In this REGULATION , (a) Act means the CHILD care LICENSING Act; (b) day care program means a CHILD care program provided to infants, pre-school children and kindergarten children for 4 or more consecutive hours in each day the program is provided; (c) group family CHILD care program means a CHILD care program provided in the private residence of the licence holder to infants, pre-school children, kindergarten children and school-aged children; (d) infant means a CHILD under 19 months of age; (e) innovative CHILD care program means a CHILD care program approved by the director that is designed to meet the unique CHILD care needs of the community in which the program is provided; (f) kindergarten CHILD means a CHILD who is years of age or older and is attending an early childhood services program as defined in the School Act; (g) licensed capacity means the maximum number of children who, pursuant to a licence issued under the Act, may receive CHILD care in a CHILD care program; (h) out of school care program means a CHILD care program provided to kindergarten children and school-aged children in any or all of the following periods: (i) before and after school; (ii) during the lunch hour; (iii) when schools are closed; (i) parent means, in relation to a CHILD , the CHILD s parent or guardian; (j) pre-school CHILD means a CHILD who is (i) 19 months of age or older, and Section 2 AR 143/2008 CHILD care LICENSING REGULATION 3 (ii) not a student as defined in the School Act; (k) pre-school program means a CHILD care program provided to pre-school children and kindergarten children for less than 4 hours per CHILD in each day the program is provided.

4 (l) primary staff member means a staff member of a CHILD care program whose primary duty is CHILD care and who is actively engaged in the supervision of children; (m) private vocational school means a location or premises in which the holder of a licence issued under the Private Vocational Training Act is authorized to provide vocational training; (n) program premises means the premises, as indicated on a licence issued under the Act, where a CHILD care program authorized by the licence is provided; (o) program supervisor means a staff member of a CHILD care program whose duty is to provide, at the program premises, supervision of the daily provision of the CHILD care program; (p) public college means a public college as defined in the Post-secondary Learning Act; (q) school-aged CHILD means a CHILD who is a student as defined in the School Act, but does not include a kindergarten CHILD ; (r) transitional licence holder means a licence holder who held a licence under the Social care Facilities LICENSING Act that (i) was in respect of a day care facility, and (ii) was in existence immediately before the coming into force of the Act.

5 (2) In the Schedules to this REGULATION , this REGULATION means this section and sections 2 to 22 preceding Schedule 1. Part 1 Application Process Information to accompany application for licence 2 An application under section 4(1) of the Act for a licence must be accompanied with the following: Section 2 AR 143/2008 CHILD care LICENSING REGULATION 4 (a) a program plan that describes the applicant s proposed CHILD care program, including (i) the CHILD care philosophy on which the CHILD care program is to be based, (ii) how the CHILD care program will meet the developmental needs of children, (iii) utilization of the premises where the CHILD care program is to be provided, including utilization of outdoor play space, (iv) utilization of community resources, (v) emergency procedures, (vi) the nature and scope of parental involvement in the CHILD care program, and (vii) a process for ongoing evaluation and improvement of the CHILD care program.

6 (b) a staffing plan, including (i) a list of staff positions and responsibilities, (ii) an orientation process for staff with respect to the policies and procedures of the proposed CHILD care program, (iii) a description of how the applicant will screen staff and volunteers, and (iv) in the case of an application for a licence to provide a group family CHILD care program, a description of the applicant s back-up staffing plan; (c) the administrative policies and procedures relating to the proposed CHILD care program; (d) the results of a criminal record check, including a vulnerable sector search, dated not earlier than 6 months prior to the date of the application, with respect to the following: (i) if the applicant is an individual, the applicant; (ii) if the application is in respect of a group family CHILD care program, all adults residing in the applicant s private residence; Section 3 AR 143/2008 CHILD care LICENSING REGULATION 5 (e) if the applicant is a corporation, evidence of the applicant s corporate status; (f) any other information the director considers necessary to enable the director to assess the capability of the applicant to provide the proposed CHILD care program or the suitability of any person associated with the proposed program to provide CHILD care .

7 Information to accompany renewal application 3 An application under section 4(3) of the Act for the renewal of a licence must be accompanied with the following: (a) if there has been a change in any of the information referred to in section 2(a), (b), (c) or (e) since that information was last provided by the applicant, a description of the changes; (b) if a criminal record check referred to in section 2(d) was carried out more than 3 years prior to the date of the renewal application, the results of a new criminal record check, including a vulnerable sector search, with respect to the relevant persons listed in section 2(d); (c) any other information the director considers necessary to enable the director to assess the capability of the applicant to continue to provide the CHILD care program or the suitability of any person associated with the program to provide CHILD care . Fees 4(1) The fee payable with an application under section 4(3) of the Act is (a) $200 for an initial licence, or (b) $100 for a renewal of a licence.

8 (2) A fee referred to in subsection (1) is non-refundable. Conditions precedent to issuing licence 5 Before issuing or renewing a licence, the director may (a) examine or cause to be examined the premises in which the applicant proposes to provide the CHILD care program, Section 6 AR 143/2008 CHILD care LICENSING REGULATION 6 (b) require the applicant to make changes to the program plan, staffing plan or administrative policies and procedures provided under section 2, (c) require the applicant to provide evidence that the premises in which the applicant proposes to provide the CHILD care program are in compliance with applicable zoning, health and safety legislation, (d) require the applicant to provide evidence of general liability insurance coverage for staff and children, and (e) require the applicant to attend an information session, provided by the director, with respect to the provision of a CHILD care program.

9 Notice of changes 6(1) A licence holder (a) must comply with the program plan referred to in section 2, and (b) must not make changes to the program plan without the prior approval of the director. (2) In the case of a licence to provide a group family CHILD care program, a licence holder must notify the director forthwith of any change in the adult residents of the private residence of the licence holder. (3) Where the director has been notified of a change under subsection (2), the director may require the licence holder to provide the director with the results of a criminal record check, including a vulnerable sector search, dated not more than 6 months previously, with respect to any new adult resident. Part 2 CHILD care Programs Categories of CHILD care programs 7 For the purposes of section 6(1)(b) of the Act and this REGULATION , the following categories of CHILD care programs are established: (a) day care program; (b) group family CHILD care program; (c) innovative CHILD care program; Section 8 AR 143/2008 CHILD care LICENSING REGULATION 7 (d) out of school care program; (e) pre-school program.

10 Day care program 8 A day care program must be operated in accordance with the requirements of Schedule 1. Group family CHILD care program 9 A group family CHILD care program must be operated in accordance with the requirements of Schedule 2. Innovative CHILD care program 10 An innovative CHILD care program must be operated in accordance with the requirements of Schedule 3. Out of school care program 11 An out of school care program must be operated in accordance with the requirements of Schedule 4. Pre-school program 12 A pre-school program must be operated in accordance with the requirements of Schedule 5. Part 3 CHILD care Certification Levels of CHILD care certification 13 For the purposes of this REGULATION , the following levels of CHILD care certification are established: (a) CHILD development supervisor; (b) CHILD development worker; (c) CHILD development assistant.