C-8.2 - Act respecting childcare centres and childcare services

Updated to 1 January 2004

This document has official status.

chapter C-8.2

Act respecting childcare centres and childcare services

This Act was formerly entitled “An Act respecting child day care”. The title was replaced by section 58 of chapter 58 of the statutes of 1997.

1997, c. 58, s. 58.

CHAPTER I INTERPRETATION AND APPLICATION

1. In this Act, unless otherwise required by the context,

“childcare centre” means an establishment that provides educational childcare, primarily for children from birth to kindergarten age, in a facility where seven or more children are received for periods not exceeding 48 consecutive hours, and that coordinates, oversees and monitors, in a given territory, educational home childcare provided to children in the same age range. Subsidiarily, such childcare may be offered to kindergarten and elementary school age children who cannot be provided childcare at school within the meaning of the Education Act (chapter I-13.3) and the Act respecting private education (chapter E-9.1);

“day care centre” means an establishment that provides educational childcare in a facility where seven or more children are received on a regular basis for periods not exceeding 24 consecutive hours;

“home childcare” means childcare provided for a consideration in a private residence by a natural person, for periods which may exceed 24 consecutive hours,

(1)  to up to six children including the person’s children under nine years of age and the children under nine years of age who ordinarily live with the person, among whom not more than two may be under the age of 18 months; or

(2)  if the person is assisted by another adult, to up to nine children including their children under nine years of age and the children under nine years of age who ordinarily live with either of them, among whom not more than four may be under the age of 18 months;

“nursery school” means an establishment that provides educational childcare in a facility where seven or more children from two to five years of age are received, in a stable group, on a regular basis for periods not exceeding four hours a day and are offered activities conducted over a fixed period;

“parent” means the person having parental authority or the person who has de facto custody of the child, except if the person having parental authority objects;

“stop over centre” means an establishment that provides childcare in a facility where seven or more children are received on a casual basis, as defined by regulation, for periods not exceeding 24 consecutive hours.

1979, c. 85, s. 1; 1988, c. 84, s. 678; 1989, c. 59, s. 1, s. 29; 1989, c. 36, s. 279; 1990, c. 35, s. 16; 1989, c. 59, s. 1; 1996, c. 16, s. 1; 1997, c. 58, s. 59; 1999, c. 23, s. 1.

1.1. The object of this Act is to enhance the quality of educational childcare provided by childcare centres, day care centres, nursery schools and home childcare providers and of childcare provided by stop over centres so as to ensure the health and safety and foster the development and well-being of the children to whom childcare is provided.

A further object of this Act is to foster the harmonious development of childcare by facilitating the development of childcare centres, having regard to the rules relating to grants.

1989, c. 59, s. 2; 1996, c. 16, s. 2; 1997, c. 58, s. 60.

2. Every child is entitled to receive good, continuous, personal childcare until the end of primary school.

The parent is entitled to choose the childcare most convenient for him.

Such rights shall be exercised having regard to the organization and resources of the bodies and persons providing day care, the rules relating to grants, the priority that must be given, in childcare centres, to children from birth to kindergarten age, as well as the right of a person holding a permit and a person responsible for home day care to receive or to refuse to receive a child.

1979, c. 85, s. 2; 1988, c. 84, s. 671; 1992, c. 36, s. 1; 1996, c. 16, s. 3; 1997, c. 58, s. 61.

CHAPTER II ORGANIZATION OF CHILDCARE

1997, c. 58, s. 62.

DIVISION I PERMITS

1997, c. 58, s. 63.

3. No person,

(1)  except the holder of a childcare centre permit issued by the Minister, may provide or offer to provide childcare in a facility where seven or more children are received for periods that may exceed 24 without exceeding 48 consecutive hours;

(2)  except the holder of a childcare centre permit issued by the Minister, may coordinate or claim to coordinate home childcare or recognize persons as home childcare providers within the meaning of section 8;

(3)  except the holder of a childcare centre or day care centre permit issued by the Minister, may provide or offer to provide childcare in a facility where seven or more children are received on a regular basis for periods not exceeding 24 consecutive hours;

(4)  except the holder of a childcare centre or nursery school permit issued by the Minister, may provide or offer to provide childcare in a facility where seven or more children from two to five years of age are received, in a stable group, on a regular basis for periods not exceeding four hours a day;

(5)  except the holder of a childcare centre or stop over centre permit issued by the Minister, may provide or offer to provide childcare in a facility where seven or more children are received on a casual basis, as defined by regulation, for periods not exceeding 24 consecutive hours, unless the parents of the children are on the premises and available to respond to the needs of their children.

Subject to the provisions of the second paragraph of section 8, no person, except the holder of a permit issued by the Minister, may provide or offer to provide childcare for remuneration in a private residence to more than six children.

If the childcare is provided by a natural person, the person’s own children and those of any assisting adult as well as the children who ordinarily live with either of them must, if they are under nine years of age, be included in computing the number of children.

1979, c. 85, s. 3; 1980, c. 11, s. 135; 1984, c. 39, s. 605; 1988, c. 84, s. 592; 1996, c. 16, s. 5; 1997, c. 58, s. 65; 1999, c. 23, s. 2.

This section, to the extent that it relates to nursery schools, comes into force on the date fixed by the Government and, to the extent that it relates to stop over centres, comes into force on the date fixed by the Government (1996, c. 16, s. 82; 1997, c. 58, s. 141).

4. No person, except a person holding a permit issued for that purpose by the Minister, may

(1)  operate a childcare centre, a day care centre or a nursery school, or operate a stop over centre on a permanent basis in the cases and on the conditions determined by regulation;

(2)  offer to provide childcare in a childcare centre, a day care centre or a nursery school, or offer to provide childcare in a stop over centre on a permanent basis in the cases and on the conditions determined by regulation;

(3)  (subparagraph repealed);

(4)  use a name that includes the term “childcare centre”, “nursery school”, “stop over centre” or “day care centre”.

Subparagraphs 1 and 2 of the first paragraph do not apply to a person who provides or offers to provide childcare in a stop over centre where the parents of the children to whom the person provides childcare are on the premises and available to respond to the need of their children.

Notwithstanding subparagraph 4 of the first paragraph, a person or body that on 14 May 1997 uses a name which includes the term “childcare centre” and which appears in its declaration of registration filed under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45) may continue to use that name, provided that the name is not used in such a manner as to lead to believe that the centre is a childcare centre within the meaning of this Act.

1979, c. 85, s. 4; 1982, c. 26, s. 317; 1988, c. 84, s. 678; 1989, c. 59, s. 3; 1992, c. 36, s. 2; 1996, c. 2, s. 898; 1996, c. 16, s. 5; 1997, c. 58, s. 66, s. 134.

This section, to the extent that it relates to nursery schools, comes into force on the date fixed by the Government and, to the extent that it relates to stop over centres, comes into force on the date fixed by the Government (1996, c. 16, s. 82; 1997, c. 58, s. 141).

5. The Minister may issue a day care centre permit or a nursery school permit to any person who

(1)  applies therefor in writing to the Minister and provides the information and documents required by regulation;

(2)  undertakes to provide educational childcare which promotes the physical, intellectual, emotional, social and moral development of children in accordance with the program prescribed by regulation;

(3)  (subparagraph repealed);

(4)  pays the fees fixed by regulation; and

(5)  fulfils the other conditions prescribed by this Act and the regulations.

However, the Minister may not issue a day care centre permit or a nursery school permit to a school board.

1979, c. 85, s. 5; 1982, c. 26, s. 318; 1992, c. 36, s. 3; 1996, c. 16, s. 5; 1997, c. 58, s. 67, s. 134.

This section, to the extent that it relates to nursery schools, comes into force on the date fixed by the Government and, to the extent that it relates to stop over centres, comes into force on the date fixed by the Government (1996, c. 16, s. 82; 1997, c. 58, s. 141).

6. The Minister may issue a stop over centre permit to any person that satisfies the requirements of subparagraphs 1, 4 and 5 of the first paragraph of section 5 and undertakes to provide childcare and to operate the establishment on a regular basis in keeping with the conditions determined by regulation.

However, the Minister may not issue a stop over centre permit to a school board.

1979, c. 85, s. 6; 1996, c. 16, s. 5; 1997, c. 58, s. 68.

This section, to the extent that it relates to nursery schools, comes into force on the date fixed by the Government and, to the extent that it relates to stop over centres, comes into force on the date fixed by the Government (1996, c. 16, s. 82; 1997, c. 58, s. 141).

7. The Minister may issue a childcare centre permit to a non-profit legal person or a cooperative two-thirds or more of the members of whose board of directors of not fewer than seven members are parents who are future users of the educational childcare coordinated or provided by the childcare centre but are neither members of its staff, nor home childcare providers or their assistants.

In order to provide for the implementation of an agreement concluded between the Government and a Mohawk community, the Minister may also issue a childcare centre permit to a non-profit organization other than an organization referred to in the first paragraph, on the condition that the organization is directed as provided for in that paragraph.

However, the Minister may not issue a childcare centre permit to a private educational institution within the meaning of the Act respecting private education (chapter E‐9.1).

The Government may make regulations establishing rules for the election of the directors of a cooperative or non-profit legal person referred to in the first paragraph, and for the operation of its board of directors.

1979, c. 85, s. 7; 1982, c. 26, s. 319; 1988, c. 84, s. 678; 1989, c. 59, s. 5; 1992, c. 21, s. 336, s. 375; 1994, c. 23, s. 23; 1996, c. 2, s. 898; 1996, c. 16, s. 5; 1997, c. 58, s. 69; 1999, c. 53, s. 1.

7.1. To obtain a childcare centre permit, an applicant must satisfy the requirements of the first paragraph of section 5 and undertake to coordinate, monitor and supervise the educational childcare provided by the home childcare providers it recognizes.

Furthermore, the applicant must have been allotted places giving entitlement to grants and hold no other permit issued under this Act.

1996, c. 16, s. 5; 1997, c. 58, s. 70.

7.2. (Repealed).

1996, c. 16, s. 5; 1997, c. 58, s. 71.

8. A natural person who provides childcare for a consideration in a private residence, for periods which may exceed 24 consecutive hours,

(1)  to up to six children including the person’s children under nine years of age and the children under nine years of age who ordinarily live with the person, among whom not more than two may be under the age of 18 months; or

(2)  if the person is assisted by another adult, to up to six children including their children under nine years of age and the children under nine years of age who ordinarily live with either of them, among whom not more than four may be under the age of 18 months,

may be recognized as a person responsible for home childcare by the holder of a childcare centre permit, in the manner determined by regulation.

A natural person who provides childcare for remuneration in a private residence for periods that may exceed 24 consecutive hours to not less than seven nor more than nine children must be assisted by another adult and be recognized, in the manner determined by regulation as a home childcare provider, by the holder of a childcare centre permit. The person may not receive more than four children under 18 months of age and must include, in computing the number of children received, the person’s own children and those of the assisting adult and the children who ordinarily live with either of them if they are under nine years of age.

The person must undertake to provide educational childcare which promotes the physical, intellectual, emotional, social and moral development of children in accordance with the program prescribed by regulation and agree to monitoring and supervision by the holder of the childcare centre permit having recognized the person as a home childcare provider. As well, the person must, on request, furnish to the permit holder the names and addresses of the parents of the children received by the person and any document or information required for obtaining grants under this Act, including the attendance card referred to in section 22, in keeping with the conditions prescribed by regulation.

A recognized home childcare provider may assist another home childcare provider recognized for the same childcare operation.

1979, c. 85, s. 8; 1989, c. 59, s. 6; 1996, c. 16, s. 6; 1997, c. 58, s. 72; 1999, c. 23, s. 3.

8.1. A recognized home childcare provider is, with respect to the services the person provides as such to parents, a provider of services within the meaning of the Civil Code.

Notwithstanding any provision inconsistent herewith, the recognized home childcare provider, when acting within the home childcare operation, is deemed not to be in the employ of or an employee of the childcare centre permit holder that has recognized the childcare provider. The same applies to the adult assisting and any person in the employ of the childcare provider.

2003, c. 13, s. 1.

9. The holder of a childcare centre permit shall coordinate, monitor and supervise the educational childcare provided by home childcare providers recognized by the permit holder and, for that purpose, shall

(1)  promote the development of home childcare;

(2)  recognize home childcare providers according to the needs identified by the permit holder;

(3)  maintain an information service concerning available home childcare;

(4)  promote the implementation of a professional training and development course for home childcare providers;

(5)  offer technical and professional support to home childcare providers;

(6)  implement the monitoring and supervision measures, including suspension or withdrawal of recognition, determined by regulation applicable in respect of home childcare providers recognized by the permit holder.

1979, c. 85, s. 9; 1997, c. 58, s. 73; 1999, c. 23, s. 4.

10. The holder of a day care centre permit or a nursery school permit shall form a parents committee composed of five persons elected by and from among the parents of children received in the day care centre or nursery school.

In no case may the permit holder or, where applicable, a member of its board of directors, or a member of the staff of the day care centre or nursery school, be a member of the parents committee.

The permit holder must consult the parents committee on all aspects of the life of the children in the day care centre or nursery school and, in particular, on

(1)  the application of the educational childcare program prescribed by regulation;

(2)  the acquisition and use of the educational materials and equipment to be used in the facility;

(3)  the location or the change of location of the facility;

(4)  the arrangement and furnishings of the facility; and

(5)  the services to be provided.

However, the permit holder is not required to form a parents committee if the majority of the members of the permit holder’s board of directors are parents who are not members of the staff of the day care centre or nursery school and whose children are received in the day care centre or nursery school.

1979, c. 85, s. 10; 1989, c. 59, s. 7; 1992, c. 36, s. 4; 1996, c. 16, s. 7; 1997, c. 58, s. 74.

10.0.1. (Repealed).

1996, c. 16, s. 7; 1997, c. 58, s. 75.

10.1. A permit holder that is required under section 10 to form a parents committee shall, by way of written notice, call a meeting of all the parents of children who are received in the day care centre or nursery school so that they may elect their representatives on the parents committee. The meeting must be held within three months after the issue of the permit and, subsequently, every year before 15 October.

1989, c. 59, s. 8; 1996, c. 16, s. 8; 1997, c. 58, s. 76.

10.2. The permit holder shall call meetings of the committee as often as the functions of the committee require but not less than four times a year.

The permit holder shall give not less than five days’ notice in writing to all the committee members of the date, time and place of every meeting.

1989, c. 59, s. 8; 1997, c. 58, s. 77.

10.3. If a vacancy occurs on the parents committee, the permit holder shall call a meeting of the committee so that it may fill the vacancy by appointing a person who satisfies the requirements of section 10.

1989, c. 59, s. 8; 1996, c. 16, s. 9; 1997, c. 58, s. 78.

10.4. The committee shall choose a chairman and a secretary from among its members.

The chairman shall preside the meetings of the committee and the secretary shall keep the minutes.

Three members are a quorum at meetings of the committee.

The permit holder shall comply with any other rule governing the operation of the committee which the Government may determine by regulation.

1989, c. 59, s. 8; 1997, c. 58, s. 79.

10.5. The permit holder shall inform in writing all the parents of children who are received in the day care centre or nursery school of the names of the committee members and, before every meeting of the committee, of the date, time and place of the meeting and the matters on the agenda, in particular, any matter referred to in the third paragraph of section 10.

1989, c. 59, s. 8; 1997, c. 58, s. 80.

10.6. The permit holder shall keep on the premises of the day care centre or nursery school, every document relating to the committee and permitting to ascertain compliance with sections 10 to 10.5, including the notices and minutes of meetings.

1989, c. 59, s. 8; 1997, c. 58, s. 81.

10.7. (Repealed).

1989, c. 59, s. 8; 1992, c. 36, s. 5; 1996, c. 16, s. 10.

10.8. No member of a parents committee may be sued for any act done in good faith in the performance of his duties.

1989, c. 59, s. 8.

11. A day care centre, nursery school or stop over centre permit must indicate the name and address of the permit holder, the name and address of the facility where the childcare is provided and the maximum number of children that may be received in the facility.

A day care centre permit must, in addition, indicate the maximum number of children per age class or per grouping of age classes.

1979, c. 85, s. 11; 1984, c. 47, s. 162; 1989, c. 59, s. 9; 1992, c. 36, s. 6; 1996, c. 16, s. 11; 1997, c. 58, s. 82.

11.0.1. A childcare centre permit shall indicate

(1)  the name and address of the permit holder;

(2)  the name and address of the childcare centre and of each of the facilities where children are received;

(3)  the maximum number of children that may be received in each of the facilities;

(4)  the maximum number of children per age class or per grouping of age classes that may be received in each of the facilities;

(5)  the maximum total number of children that may be received by all the home childcare providers recognized by the permit holder;

(6)  the maximum total number of children to whom the educational childcare coordinated or provided by the centre may be provided;

(7)  the territory in which the permit holder is authorized to operate.

The Minister shall fix the territory referred to in subparagraph 7 of the first paragraph according to the criteria determined by regulation.

1997, c. 58, s. 83.

11.1. The holder of a day care centre, nursery school or stop over centre permit may not receive more children in the facility than the maximum number appearing on the permit.

The holder of a day care permit may not receive children in age classes other than those indicated on his permit or receive more children for each class or for several classes grouped together than the maximum number indicated on the permit.

The holder of a nursery school permit may not receive children for periods exceeding four hours a day.

1984, c. 47, s. 162; 1989, c. 59, s. 10; 1996, c. 16, s. 12; 1997, c. 58, s. 84.

11.1.1. The holder of a childcare centre permit may not receive more children in the facilities of the centre than the maximum number indicated on the permit, or receive more children in a given facility than the maximum number indicated on the permit for that facility.

Nor may the permit holder receive children in age classes other than those indicated on the permit, or receive more children per age class or per grouping of age classes than the maximum number indicated on the permit.

Nor may the permit holder allow the recognized home childcare providers to receive more children than the total maximum number indicated on the permit, or act outside the territory indicated on the permit.

1997, c. 58, s. 85.

11.1.2. The maximum number of children indicated on the permit of a childcare centre or a day care centre operated by a permit holder referred to in section 39.1 is the number of places giving entitlement to grants allotted to the centre pursuant to section 41.7.

2003, c. 27, s. 1.

11.2. The permit holder shall also comply with the norms established by law and by regulation.

1984, c. 47, s. 162.

12. A permit is issued or renewed for three years, unless the Minister issues or renews it for a shorter period if he considers it necessary.

A permit shall be renewed, on the conditions prescribed by this Act or the regulations, upon a written application submitted by the permit holder together with the information, documents and fees prescribed by regulation. Notwithstanding section 5, the same applies to a day care centre permit in force on 7 June 2002 the renewal of which was obtained by a school board pursuant to section 159 of the Act respecting the Ministère de la Famille et de l’Enfance (chapter M-17.2).

Where an application for renewal has been made by the permit holder and the Minister has yet to decide the application on the date of expiry of the permit, the permit remains in force until the decision is made.

In no case described in the third paragraph may the permit remain in force for more than 120 days.

1979, c. 85, s. 12; 1984, c. 47, s. 163; 1996, c. 16, s. 13; 1997, c. 58, s. 86; 2002, c. 17, s. 2.

13. Every permit holder, other than a municipality or a school board, and every home childcare provider recognized by the holder of a childcare centre permit that receives a grant shall keep and preserve the books, accounts and registers determined by regulation in the manner and form prescribed by regulation.

Moreover, the Government may, by regulation, determine among such documents those which a home childcare provider is required to transmit to the permit holder by which the home childcare provider was recognized.

1979, c. 85, s. 13; 1988, c. 84, s. 672; 1996, c. 2, s. 898; 1996, c. 16, s. 14; 1997, c. 58, s. 87; 2002, c. 17, s. 3.

13.1. The fiscal year of a permit holder shall end on 31 March. However, in the case of a municipality or a school board, its fiscal year as a permit holder shall end on the same date as its fiscal year as a municipality or a school board.

1996, c. 16, s. 14; 1997, c. 58, s. 87; 2002, c. 17, s. 4.

13.2. Not later than 30 June each year, every permit holder that receives a grant under this Act shall submit a financial report for the preceding fiscal year to the Minister. In the case of a municipality, the report must be submitted not later than 31 March each year and, in the case of a school board, not later than 30 September each year.

The financial report must be audited if the permit holder received from the Minister, during the preceding fiscal year, one or more grants totalling $25,000 or more.

The first and second paragraphs also apply to a person that has ceased to operate or whose permit has been revoked or has not been renewed. The person must, in addition, submit a financial report to the Minister covering the period, if any, extending from the beginning of the following fiscal year to the date of cessation of operations or the date of expiry of the permit ; the second paragraph applies to such a report and the report must be submitted not later than three months after cessation of operations or notification of the Minister’s decision to revoke or not renew the permit.

The Government may, by regulation, determine the form of the report and the information it must contain.

1996, c. 16, s. 14; 1997, c. 58, s. 87; 2002, c. 17, s. 5.

13.3. (Repealed).

1996, c. 16, s. 14; 1997, c. 58, s. 87; 2002, c. 17, s. 6.

13.4. Not later than 30 June each year, every permit holder shall submit an activity report to the Minister. In the case of a municipality, the activity report must be submitted not later than 31 March each year and, in the case of a school board, not later than 30 September each year.

The Government may, by regulation, determine the information which the activity report must contain.

1997, c. 58, s. 87; 2002, c. 17, s. 7.

14. A permit holder shall notify the Minister, by registered or certified mail, within 15 days, of a change of address or of name.

A permit holder that is a legal person shall, in the same manner, notify the Minister of any change of director.

1979, c. 85, s. 14; 1996, c. 16, s. 15; 1997, c. 58, s. 134.

15. No permit may be assigned.

1979, c. 85, s. 15; 1989, c. 59, s. 11; 1996, c. 16, s. 16.

16. A permit holder must post the permit in each facility, in a place that is accessible to all and visible at all times of the day.

1979, c. 85, s. 16; 1997, c. 58, s. 88.

17. A permit holder may not operate elsewhere than at the address of the establishment appearing on the permit.

However, in exceptional circumstances, the Minister may, in writing, authorize the permit holder to operate temporarily elsewhere than at that address, provided the permit holder applies therefor in writing and fulfills the other requirements prescribed by regulation.

The authorization, which may be renewed, shall indicate the period for which it is granted, which period must not extend beyond the date of expiry of the permit.

The first paragraph does not prevent organized outings as part of the activities offered to the children by the permit holder.

1979, c. 85, s. 17; 1989, c. 59, s. 12; 1996, c. 16, s. 17; 1997, c. 58, s. 89, s. 134.

17.0.1. The holder of a childcare centre permit must obtain the written authorization of the Minister before acquiring or leasing premises for the permanent relocation of a facility operated under the permit. The written authorization of the Minister must also be obtained by a permit holder to increase the number of children beyond the maximum indicated on the permit or to modify or increase the permit holder’s territory of operation.

Every other permit holder that receives a grant under this Act must obtain the same authorization to increase the number of children beyond the maximum indicated on the permit.

The permit holder shall apply for authorization in writing and the Minister shall make his decision within 90 days of receipt of the application.

The Minister may refuse to grant authorization, in particular, if all places giving entitlement to financial assistance have been allotted in the territory concerned or where the Minister considers that the proposed change does not address the needs and priorities identified by the Minister considering, among other factors, the permit applications and other applications for authorization under the first paragraph in respect of which the Minister has yet to make a decision.

1997, c. 58, s. 90.

17.1. A permit holder must submit to the Minister for approval

(1)  the plans of any premises the permit holder proposes to acquire or lease for the purpose of relocating permanently the facility in which the childcare is provided;

(2)  the plans of any alterations to the premises affecting an element prescribed by the arrangement, heating or lighting standards determined by regulation which are rendered necessary by a projected increase in the maximum number of children the permit holder may receive;

(3)  the plans of any other projected alterations to the premises affecting any element prescribed by the said standards and which involve architectural work.

Such plans must be signed and sealed by an architect.

1989, c. 59, s. 12; 1992, c. 36, s. 7; 1996, c. 16, s. 18; 1997, c. 58, s. 91, s. 134.

17.2. The Minister shall render his decision within 60 days of receiving the plans. He may refuse to approve the plans if the premises or alterations, as the case may be, do not conform to the standards.

1989, c. 59, s. 12; 1992, c. 36, s. 7; 1997, c. 58, s. 134.

17.3. The premises acquired or leased and the alterations carried out must conform to the plans approved.

1989, c. 59, s. 12; 1992, c. 36, s. 7.

18. A permit holder who intends to cease to operate shall notify the Minister in writing and cease to operate in accordance with the conditions determined by regulation.

The Minister shall revoke the permit as of the date indicated in the notice if the permit holder has complied with the conditions determined by regulation.

1979, c. 85, s. 18; 1996, c. 16, s. 19; 1997, c. 58, s. 134.

18.1. The Minister may refuse to issue a permit where

(1)  the health, safety or well-being of the children to whom the applicant proposes to provide childcare in a childcare centre, a day care centre, nursery school or stop over centre would be endangered;

(2)  the applicant or an officer of the applicant has been convicted of an indictable offence or of an offence punishable on summary conviction

(a)  under Part V of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), except sections 175(1) (a) and (c) and 176 to 178,

(b)  under Part VIII of the Criminal Code, except sections 216, 217, 247 to 263, 264.1(1) (b) and (c) and 287 to 320,

(c)  under section 210, 212, 213, 343, 346, 362, 366, 368, 380, 397, 398, 423, 430, or any of sections 433 to 436.1 or 463 to 465 of the Criminal Code,

(d)  under section 39 or 48 of the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27),

(e)  under section 4, 5 or 6 of the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1), or

(f)  under section 50 of the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1),

which is connected with the aptitudes and conduct required to operate under the permit applied for, unless the applicant or officer has been pardoned;

(3)  the applicant or an officer of the applicant has been convicted of an offence under section 135 of the Youth Protection Act (chapter P-34.1), unless the applicant or officer has been pardoned;

(4)  the applicant or an officer of the applicant has been convicted, in the two years preceding the application, of an offence under section 3 or 4, unless the applicant or officer has been pardoned;

(5)  the applicant or an officer of the applicant held a permit that was revoked or not renewed under paragraph 3, 4 or 5 of section 19 in the three years preceding the application;

(6)  the applicant made a statement containing false or misleading information or distorted a material fact when applying for the permit.

1989, c. 59, s. 13; 1992, c. 36, s. 8; 1996, c. 16, s. 20; 1997, c. 58, s. 92, s. 134.

19. The Minister may suspend, revoke or refuse to renew a permit, where

(1)  the permit holder has committed, authorized the commission of, consented to or participated in the commission of an offence against this Act or the regulations;

(2)  the permit holder has ceased to fulfil the conditions provided by this Act or the regulations for the issue of a permit;

(3)  the health, safety or well-being of children to whom childcare is being provided in a childcare centre, day care centre, nursery school or stop over centre or to whom home childcare is being provided is endangered;

(4)  the holder of a permit made a false declaration or distorted a material fact upon applying for the issue or the renewal of a permit, or in a report, a document or information required by the Minister under this Act or the regulations;

(5)  the permit holder ceased to operate without first complying with section 18;

(6)  the permit holder has refused or neglected to comply with a notice issued under section 36.1;

(7)  the permit holder has refused or neglected to pay a sum owed to the Minister under this Act or the regulations.

1979, c. 85, s. 19; 1989, c. 59, s. 14; 1996, c. 16, s. 21; 1997, c. 58, s. 93, s. 134.

20. Before refusing to issue, suspending, revoking or refusing to renew a permit, the Minister shall notify the applicant or permit holder in writing and give the applicant or permit holder at least 10 days to present observations.

1979, c. 85, s. 20; 1989, c. 59, s. 15; 1992, c. 36, s. 9; 1996, c. 16, s. 22; 1997, c. 58, s. 94.

21. The decision of the Minister shall be communicated in writing to the applicant or permit holder.

1979, c. 85, s. 21; 1996, c. 16, s. 23; 1997, c. 58, s. 94.

22. A permit holder or a home childcare provider shall keep and preserve, in accordance with the regulations, a registration card and an attendance card for each child and must, at the request of the child’s parent, give written or verbal communication of the card to the parent and allow, in accordance with the regulations, the parent to examine and copy the card.

Subject to the provisions of sections 34.1 and 35 or where a home childcare provider or a permit holder is required, under this Act or the regulations, to transmit information recorded on the attendance card is necessary for obtaining a grant under section 41.6, the information referred to in the first paragraph is confidential and no person may give or receive a written or verbal communication of it or otherwise have access to it, even for the purposes of an inquiry, except with the express authorization of the parent of the child concerned, or upon the order of a tribunal.

Nevertheless, the Minister may, for the purposes of an inquiry, studies or research, examine the cards referred to in the first paragraph and make copies of them, provided that the anonymity of the persons concerned is preserved.

1979, c. 85, s. 22; 1988, c. 84, s. 677; 1996, c. 16, s. 24; 1997, c. 58, s. 95, s. 134.

DIVISION II PROVISIONAL ADMINISTRATION

1997, c. 58, s. 96.

23. The Minister may designate a person to assume, for a period of not over 90 days, provisional administration of a childcare centre, a day care centre, a nursery school or a stop over centre

(1)  if the permit under which it is operated has been suspended or revoked in accordance with this Act;

(2)  if the permit holder engages in practices or tolerates a situation which could endanger the health, safety or well-being of the children;

(3)  if the permit holder acts or has acted contrary to the rules of sound management applicable to an organization receiving grants out of public funds;

(4)  if there has been malfeasance or breach of trust on the part of the permit holder;

(5)  if the Minister has reasonable grounds to believe that the permit holder is using grants under section 41.6 for purposes other than those for which the grants were made.

1979, c. 85, s. 23; 1992, c. 36, s. 10; 1996, c. 16, s. 25; 1997, c. 58, s. 97.

23.1. A provisional administrator exercising powers and functions assigned to him under this division may not be sued for any act done in good faith in the exercise of those powers and functions.

1997, c. 58, s. 97.

24. The period of 90 days provided by section 23 may be extended by the Minister for such period as he may determine provided that the additional period does not exceed 90 days.

1979, c. 85, s. 24; 1997, c. 58, s. 98.

25. From the date on which the administrator designated by the Minister assumes provisional administration of a childcare centre, a day care centre, a nursery school or a stop over centre, the powers of the permit holder are suspended.

1979, c. 85, s. 25; 1996, c. 16, s. 26; 1997, c. 58, s. 99.

26. As soon as possible after he assumes provisional administration of a childcare centre, a day care centre, a nursery school or a stop over centre, the administrator shall submit his findings and recommendations to the Minister in a provisional report.

1979, c. 85, s. 26; 1996, c. 16, s. 27; 1997, c. 58, s. 99.

27. Before the administrator submits his provisional report, the Minister must give the permit holder at least 10 days to present observations.

1979, c. 85, s. 27; 1997, c. 58, s. 100.

28. If the provisional report confirms the existence of one of the situations described in section 23, the Minister may

(1)  attach such restrictions to the childcare centre, day care centre, nursery school or stop over centre permit as the Minister sees fit;

(2)  fix a time within which the permit holder must remedy any situation described in section 23;

(3)  direct the administrator to continue to administer the childcare centre, day care centre, nursery school or stop over centre or to discontinue the administration and not resume it unless the permit holder fails to comply with the conditions imposed by the Minister pursuant to paragraph 1 or 2.

1979, c. 85, s. 28; 1996, c. 16, s. 28; 1997, c. 58, s. 100.

29. The administrator must make a final report to the Minister upon ascertaining that the situation contemplated in section 23 has been corrected or cannot be corrected.

1979, c. 85, s. 29; 1997, c. 58, s. 101.

30. The Minister may entrust a person with making an inquiry into any matter in connection with the administration or operation of a childcare centre, a day care centre, a nursery school or a stop over centre.

The person designated under this section has, for the purposes of inquiry, the powers and immunity of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

When an inquiry is ordered under this section, the Minister may suspend the powers of the permit holder and appoint an administrator to exercise them for the duration of the inquiry.

1979, c. 85, s. 30; 1996, c. 16, s. 29; 1997, c. 58, s. 102.

31. (Repealed).

1979, c. 85, s. 31; 1989, c. 59, s. 16; 1992, c. 36, s. 11.

32. (Repealed).

1979, c. 85, s. 32; 1988, c. 84, s. 673; 1989, c. 59, s. 17; 1997, c. 58, s. 103.

33. (Repealed).

1979, c. 85, s. 33; 1988, c. 84, s. 678; 1997, c. 58, s. 103.

33.1. (Repealed).

1989, c. 59, s. 18; 1992, c. 36, s. 12.

DIVISION III INSPECTION

34. The Minister may authorize a person to act as an inspector for the purposes of this Act.

1979, c. 85, s. 34; 1996, c. 16, s. 30; 1997, c. 58, s. 104.

34.1. An inspector may, in the performance of his duties,

(1)  at any reasonable time, enter any premises where he has reasonable grounds to believe that activities for which a permit is required under this Act are carried on, to verify whether this Act and the regulations are complied with;

(1.1)  at any reasonable time, enter any premises where home childcare governed by this Act is provided to verify whether the provisions of Division IV of Chapter II and the regulations thereunder are complied with;

(2)  photograph the premises and equipment;

(3)  require that extracts from any book, file, account, register, attendance card, registration card, recording, record or document be communicated for examination or reproduction, if he has reasonable grounds to believe that they contain information relating to the application of this Act or the regulations. However, in the case of a municipality or a school board, access is limited to entries respecting the day care services provided in accordance with this Act or the regulations.

Any information obtained by an inspector in the performance of his duties is confidential; it shall not be communicated or made available to any person not lawfully entitled to it, except with the written authorization of the person concerned.

1996, c. 16, s. 30; 1997, c. 58, s. 105; 2002, c. 17, s. 12.

35. The person in charge of the premises being inspected, and any person who works there, is required to assist an inspector in the performance of his duties. In addition, the person having custody, possession or control of the documents referred to in subparagraph 3 of the first paragraph of section 34.1 must communicate them to the inspector and facilitate his examination thereof.

No person may, in any manner whatsoever, hinder an inspector in the performance of his duties, deceive him by misleading statements or refuse to provide him with any information he is entitled to obtain under this Act or the regulations.

1979, c. 85, s. 35; 1986, c. 95, s. 305; 1988, c. 84, s. 674; 1996, c. 2, s. 898; 1996, c. 16, s. 30.

36. An inspector who exercises the powers provided by sections 34.1 and 35 does not cease to act as an agent of the department.

On request, an inspector shall identify himself and produce a certificate signed by the Minister, attesting his capacity.

An inspector may not be sued for any act done in good faith in the exercise of his functions.

1979, c. 85, s. 36; 1996, c. 16, s. 31; 1997, c. 58, s. 106.

36.1. The Minister may issue a remedial notice

(1)  to advise a person of the person’s non-compliance with this Act or the regulations;

(2)  to advise a permit holder that the permit holder is acting or has acted contrary to the rules of sound management applicable to an organization receiving grants out of public funds;

(3)  to advise the holder of a childcare centre permit that the financial situation of the childcare centre must be redressed;

(4)  to advise a home childcare provider recognized by the holder of a childcare centre permit of the provider’s non-compliance with the provisions of Division IV of Chapter II or the regulations thereunder.

The notice must be in writing and must indicate what steps should be taken to remedy the situation and fix a time within which those steps must be taken.

1997, c. 58, s. 107; 2002, c. 17, s. 15.

37. (Repealed).

1979, c. 85, s. 37; 1996, c. 16, s. 32.

DIVISION IV CONTRIBUTION AND GRANTS

1992, c. 36, s. 13; 1997, c. 58, s. 108.

§ 1 . — Contribution

1992, c. 36, s. 14.

38. The permit holder or the home childcare provider shall fix the amount of the contribution to be paid for each child they receive.

1979, c. 85, s. 38; 1988, c. 84, s. 677; 1996, c. 16, s. 33; 1997, c. 58, s. 109.

39. The Government may, by regulation, fix an amount of contribution other than the amount payable under section 38 for certain services determined in the regulation which may be indexed at the time and according to the method prescribed by regulation. Subject to the provisions of the third paragraph, the amount of the contribution shall apply according to the age class, determined in the regulation, of the children to whom the services are provided and shall be payable by the parent or any other person determined in the regulation to the childcare centre permit holder or the home childcare provider.

The Government may, by regulation, determine the conditions subject to which a parent may pay the contribution fixed under the first paragraph or, in certain cases, be fully or partially exempted from payment of the contribution for all or some of the services it determines.

The parent may pay the contribution fixed under the first paragraph or may be fully or partially exempted from payment thereof, provided that a grant has been made for that purpose under section 41.6 in respect of the place to be occupied by the child.

However, a place referred to in the preceding paragraph cannot be granted in a home childcare operation in respect of any child of, or any child who ordinarily lives with, the home childcare provider or a home childcare provider referred to in the last paragraph of section 8; the same applies in respect of any child of, or any child who ordinarily lives with, the adult assisting the home childcare provider where the home childcare is provided at the child’s residence.

The holder of a childcare centre permit or a home childcare provider may not require payment of a contribution if the parent is fully exempted from payment of a contribution, require the whole contribution if the parent has been partially exempted from payment of the contribution, or require payment of an amount other than the fixed amount of contribution if the parent is entitled, in accordance with the third paragraph, to pay the fixed amount.

Where the contribution fixed under the first paragraph is revised, the revised amount is payable as of the coming into force of the amendment. For the purposes of paragraphs e and f of section 190 and section 191 of the Consumer Protection Act (chapter P‐40.1), the total amount to be paid by a parent and the rate stated in the contract between a parent and a childcare centre permit holder or a home childcare provider are revised accordingly as of the coming into force of the amendment.

1979, c. 85, s. 39; 1992, c. 36, s. 15; 1996, c. 16, s. 34; 1997, c. 58, s. 109; 1999, c. 23, s. 5; 2003, c. 27, s. 2.

39.1. The Minister may, on the conditions he determines, enter into an agreement with a person that is the holder of a day care centre permit, in order to make it possible for that permit holder to be allotted places under section 39 for a given year, provided that grants have been made for that purpose under the provisions of section 41.6.

The regulations made under section 39 and the provisions of that section, adapted as required, apply to a permit holder that enters into such an agreement.

1997, c. 58, s. 109; 2003, c. 27, s. 3.

§ 2 . —

Heading struck out, 1997, c. 58, s. 110.

1992, c. 36, s. 16; 1997, c. 58, s. 110.

40. (Repealed).

1979, c. 85, s. 40; 1988, c. 84, s. 678; 1992, c. 36, s. 17; 1996, c. 16, s. 35; 1997, c. 58, s. 111.

41. (Repealed).

1979, c. 85, s. 41; 1988, c. 84, s. 678; 1992, c. 36, s. 18; 1996, c. 16, s. 35; 1997, c. 58, s. 111.

41.1. (Repealed).

1984, c. 39, s. 615; 1988, c. 84, s. 592.

41.1.1. (Repealed).

1996, c. 16, s. 36; 1997, c. 58, s. 112.

41.2. (Repealed).

1989, c. 59, s. 19; 1992, c. 36, s. 19; 1997, c. 58, s. 112.

41.3. A parent who feels aggrieved by a decision made by the holder of a childcare centre permit or day care centre permit referred to in section 39.1 regarding the parent’s eligibility for the contribution or exemption referred to in section 39 may apply to the Minister for a review of the decision.

1989, c. 59, s. 19; 1992, c. 36, s. 20; 1997, c. 58, s. 113; 2002, c. 17, s. 16.

41.4. An application for review of a decision must be made in writing within 90 days after the day on which the parent applying for the review was notified of the decision.

The Minister may grant an extension upon proof that the parent was prevented by circumstances from acting sooner.

Every application for review shall contain a brief statement of the grounds invoked.

1989, c. 59, s. 19; 1997, c. 58, s. 114, s. 134.

41.5. On receipt of the application for review, the Minister shall verify the facts and circumstances of the case and examine the grounds invoked, and shall render a decision in writing, accompanied with reasons, within 30 days after receipt of the application.

The decision shall be transmitted to the parent who applied for the review and to the person who made the reviewed decision.

1989, c. 59, s. 19; 1997, c. 58, s. 115, s. 134.

§ 3 . — Grants

1992, c. 36, s. 21.

41.6. Subject to section 41.7, the Minister may make grants, in keeping with the conditions determined by regulation, to an applicant for or holder of a childcare centre permit for the benefit of the applicant or permit holder or for the benefit of a home childcare provider recognized by the applicant or permit holder. The Minister may also, in keeping with the conditions determined by regulation, make grants to a municipality that, on 19 June 1997, was the holder of a day care centre permit and was eligible for grants, and to the holder of a day care centre permit referred to in section 39.1.

The Minister may also make grants to any person or organization in order to facilitate or support the development or improvement of childcare, responses to specific childcare needs, or experimentation or innovation in the field of childcare.

1992, c. 36, s. 21; 1994, c. 23, s. 19; 1996, c. 16, s. 37; 1997, c. 58, s. 116.

41.6.1. Any grant received without entitlement must be repaid to the Minister, on the terms and conditions determined by regulation, by the person or organization to whom or which or for whose benefit the grant was paid.

The Government may determine, by regulation, the conditions subject to which a sum that is due may be deducted from any future grants.

1997, c. 58, s. 116.

41.6.2. The Minister may contact parents to verify whether the services referred to in section 39 have actually been provided.

1997, c. 58, s. 116.

41.6.3. For the purpose of assessing the effect of the accessibility to the educational childcare referred to in section 39 on the development of children and equal opportunity for children, and making sure that educational childcare meets parents’ needs, the Minister may require parents who have a child occupying a place giving entitlement to grants to send, at the time determined by the Minister and on the appropriate form made available to them, the documents and information prescribed by regulation concerning their employment situation, the class of annual income to which they belong, the family make-up and their childcare needs.

The documents and information must be kept and used in accordance with the conditions prescribed by the Commission d’accès à l’information under section 124 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1).

2003, c. 27, s. 4.

§ 4 . — Restriction

1992, c. 36, s. 21.

41.7. The Minister shall establish, where appropriations are granted for that purpose and according to those appropriations, the number of new places giving entitlement to grants which are to be opened in childcare centres and in day care centres operated by a permit holder referred to in section 39.1; the Minister shall allot such places according to the needs and priorities he has identified.

The Minister may reallocate all or part of the places allotted to a childcare centre pursuant to the first paragraph if the Minister considers that the permit applicant or the permit holder cannot open the places within the time determined by the Minister. The Minister may also reallocate places allotted to a childcare centre or a day care centre if those places remain unoccupied.

1992, c. 36, s. 21; 1996, c. 16, s. 37; 1997, c. 58, s. 117; 2003, c. 27, s. 5.

41.8. The acquirer of a childcare centre shall retain the grants under section 41.6, subject to the other provisions of this Act and the regulations, if the acquirer obtains a childcare centre permit to operate at the same location or in the same territory.

The same applies to the acquirer of a day care centre operated by a permit holder referred to in section 39.1, if the acquirer obtains a day care centre permit to operate at the same location.

Home childcare providers recognized by a permit holder are deemed to have been recognized by the acquirer of the childcare centre upon the issue of a permit to the acquirer, subject to the other provisions of this Act and the regulations.

1996, c. 16, s. 37; 1997, c. 58, s. 117.

DIVISION V PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 718.

42. Any applicant whose application for a permit is refused, any permit holder whose permit is suspended, revoked or not renewed or any home childcare provider whose recognition is suspended or withdrawn by the holder of a childcare centre permit having recognized the home childcare provider may, within 60 days of notification of the decision of the Minister or the holder of a childcare centre permit, as the case may be, contest the decision before the Administrative Tribunal of Québec.

1979, c. 85, s. 42; 1989, c. 59, s. 20; 1992, c. 36, s. 22; 1996, c. 16, s. 38; 1997, c. 43, s. 719; 1999, c. 23, s. 6.

43. (Repealed).

1979, c. 85, s. 43; 1997, c. 43, s. 720.

44. A parent to whom a permit holder or a home childcare provider refuses to give access to his child’s registration and attendance card or refuses to give written or verbal communication of that card may, within 60 days of notification of the refusal, apply to the Administrative Tribunal of Québec to obtain access to that card or to obtain communication of it, as the case may be.

The parent may also apply to the Commission d’accès à l’information in accordance with section 135 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), where the refusal mentioned in the first paragraph is related to a written application made to a body contemplated in the said Act.

1979, c. 85, s. 44; 1987, c. 68, s. 111; 1988, c. 84, s. 678; 1996, c. 16, s. 40; 1997, c. 58, s. 118; 1997, c. 43, s. 721.

45. Every parent who feels aggrieved by a decision made under section 41.5 may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec.

1979, c. 85, s. 45; 1989, c. 59, s. 21; 1997, c. 58, s. 119; 1997, c. 43, s. 722.

45.0.1. A permit holder or a home childcare provider whose decision is contested before the Administrative Tribunal of Québec pursuant to section 42 or 44 is a party to the proceeding within the meaning of section 101 of the Act respecting administrative justice (chapter J-3) and must, among other things, send the documents and information referred to in the first paragraph of section 114 of that Act to the secretary of the Tribunal within 30 days of receipt of a copy of the motion.

2002, c. 17, s. 17.

DIVISION VI REPRESENTATION AND DELEGATION

1997, c. 58, s. 120.

45.1. The Minister may designate regional representatives and determine their functions.

The Minister may also authorize, in writing, a person, department, body or a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or of the Act respecting health services and social services for Cree Native persons (chapter S-5) to exercise some or all of the powers conferred on the Minister by this Act and the regulations.

Such a person, body or public institution may not be sued for any act done in good faith in the exercise of those powers.

1997, c. 58, s. 120.

CHAPTER III

Repealed, 1997, c. 58, s. 121.

1997, c. 58, s. 121.

DIVISION I

Repealed, 1997, c. 58, s. 121.

1997, c. 58, s. 121.

46. (Repealed).

1979, c. 85, s. 46; 1997, c. 58, s. 121.

47. (Repealed).

1979, c. 85, s. 47; 1996, c. 16, s. 41; 1997, c. 58, s. 121.

48. (Repealed).

1979, c. 85, s. 48; 1997, c. 58, s. 121.

49. (Repealed).

1979, c. 85, s. 49; 1996, c. 16, s. 43; 1997, c. 58, s. 121.

50. (Repealed).

1979, c. 85, s. 50; 1988, c. 84, s. 675; 1996, c. 2, s. 896; 1996, c. 16, s. 44; 1997, c. 58, s. 121.

51. (Repealed).

1979, c. 85, s. 51; 1985, c. 23, s. 24; 1993, c. 51, s. 72; 1994, c. 16, s. 50; 1996, c. 16, s. 45; 1997, c. 58, s. 121.

52. (Repealed).

1979, c. 85, s. 52; 1997, c. 58, s. 121.

53. (Repealed).

1979, c. 85, s. 53; 1997, c. 58, s. 121.

54. (Repealed).

1979, c. 85, s. 54; 1997, c. 58, s. 121.

55. (Repealed).

1979, c. 85, s. 55; 1997, c. 58, s. 121.

56. (Repealed).

1979, c. 85, s. 56; 1997, c. 58, s. 121.

57. (Repealed).

1979, c. 85, s. 57; 1996, c. 16, s. 46; 1997, c. 58, s. 121.

58. (Repealed).

1979, c. 85, s. 58; 1997, c. 58, s. 121.

59. (Repealed).

1979, c. 85, s. 59; 1997, c. 58, s. 121.

60. (Repealed).

1979, c. 85, s. 60; 1997, c. 58, s. 121.

61. (Repealed).

1979, c. 85, s. 61; 1997, c. 58, s. 121.

62. (Repealed).

1979, c. 85, s. 62; 1983, c. 55, s. 161; 1997, c. 58, s. 121.

62.1. (Repealed).

1992, c. 36, s. 23; 1992, c. 21, s. 375; 1997, c. 58, s. 121.

63. (Repealed).

1979, c. 85, s. 63; 1997, c. 58, s. 121.

64. (Repealed).

1979, c. 85, s. 64; 1997, c. 58, s. 121.

65. (Repealed).

1979, c. 85, s. 65; 1985, c. 23, s. 24; 1997, c. 58, s. 121.

66. (Repealed).

1979, c. 85, s. 66; 1997, c. 58, s. 121.

67. (Repealed).

1979, c. 85, s. 67; 1997, c. 58, s. 121.

DIVISION II

Repealed, 1997, c. 58, s. 121.

1997, c. 58, s. 121.

68. (Repealed).

1979, c. 85, s. 68; 1989, c. 59, s. 22; 1992, c. 36, s. 24; 1996, c. 16, s. 47; 1997, c. 58, s. 121.

68.1. (Repealed).

1989, c. 59, s. 23; 1992, c. 36, s. 25.

68.2. (Repealed).

1990, c. 24, s. 1; 1996, c. 16, s. 48; 1997, c. 58, s. 121.

69. (Repealed).

1979, c. 85, s. 69; 1992, c. 21, s. 337, s. 375; 1994, c. 23, s. 23; 1996, c. 16, s. 49; 1997, c. 58, s. 121.

70. (Repealed).

1979, c. 85, s. 70; 1996, c. 16, s. 50; 1997, c. 58, s. 121.

71. (Repealed).

1979, c. 85, s. 71; 1997, c. 58, s. 121.

72. (Repealed).

1979, c. 85, s. 72; 1997, c. 58, s. 121.

CHAPTER IV REGULATIONS

72.1. (Repealed).

1992, c. 36, s. 26; 1996, c. 16, s. 51.

73. The Government may make regulations, for the whole or part of the Québec territory,

(1)  determining the form and tenor of an application for the issue or renewal of a permit, the qualifications of a person soliciting a permit or its renewal, the requirements to be fulfilled, the information and documents to be furnished and the duties to be paid;

(2)  establishing standards for the arrangement, equipment, furnishing, maintenance, heating and lighting of the premises where childcare is provided and prescribing an outdoor play area and standards for the arrangement, equipment and maintenance of that area;

(3)  determining the conditions that a permit holder that ceases to operate must fulfil;

(4)  establishing classes according to the age of the children received and the services to be provided in a childcare centre or a day care centre;

(5)  determining the maximum number of children who may be received in premises of a childcare centre, day care centre, nursery school or stop over centre or in the premises used for home childcare or in the prescribed outdoor play area, according to the dimensions and arrangement of the premises or area, the age class of the children and the services to be provided, where applicable;

(5.1)  determining the maximum number of children that may be received by all the home childcare providers recognized by the holder of a childcare centre permit;

(6)  establishing standards of hygiene, salubrity and safety that must be observed in childcare centres, day care centres, nursery schools, stop over centres or homes where childcare is provided;

(6.1)  prescribing the requirements that must be satisfied by the holder of a childcare centre, day care centre, nursery school or stop over centre permit applying for authorization to operate temporarily under the permit elsewhere than at the address of the facility appearing on the permit;

(7)  prescribing the educational childcare program that must be offered to children by a childcare centre, a day care centre, a nursery school or a home childcare provider;

(8)  establishing rules for the election of the directors of the cooperative or legal person referred to in the first paragraph of section 7, and for the operation of its board of directors;

(9)  determining the rules of operation of the parents committee referred to in section 10;

(10)  determining the books, accounts and registers that must be kept by every permit holder, other than a municipality or a school board, and every home childcare provider recognized by the holder of a childcare centre permit that receives a grant and prescribing the form and manner in which they must be kept and preserved;

(10.1)  determining, for the purposes of sections 13.1 to 13.4, the form of the financial report and the activity report as well as the information they must contain;

(10.2)  determining the form and tenor of the registration and attendance card that must be kept for each child by the holder of a childcare centre, day care centre, nursery school or stop over centre permit or a home childcare provider and prescribing standards for the preservation, consultation and reproduction of such cards;

(11)  determining the cases and conditions in or on which a stop over centre is operated on a permanent basis;

(11.1)  determining the conditions under which children are received on a casual basis in a stop over centre;

(12)  (subparagraph repealed);

(12.1)  determining the criteria and methods according to which the territory of a childcare centre permit shall be fixed;

(13)  determining the conditions that a natural person soliciting recognition as a home childcare provider must fulfil;

(13.1)  determining the monitoring and supervision measures, including suspension and withdrawal of recognition, applicable in respect of home childcare providers;

(14)  establishing the terms and conditions of recognition of a natural person as home childcare provider;

(15)  determining the conditions subject to which grants may be made under section 41.6 and determining for such purpose the documents or information that a home childcare provider must transmit to the holder of a childcare centre permit by which the home childcare provider was recognized;

(16)  (subparagraph repealed);

(16.1)  requiring that a permit holder have in his employ a person responsible for the management of the childcare centre, day care centre, nursery school or stop over centre and prescribing the standards of qualification and requirements the person must satisfy and the tasks the person must perform;

(17)  establishing standards of qualification for persons working in a childcare centre, a day care centre, a nursery school or a stop over centre or providing home childcare and prescribing the requirements they must satisfy;

(18)  determining the ratio between the number of staff members and the number of children who are received in a childcare centre, a day care centre, a nursery school or a stop over centre or to whom home childcare is being provided;

(19)  determining the child registration, admission and discharge formalities for childcare centres, day care centres, nursery schools or stop over centres and for home childcare;

(20)  determining the persons, other than the parent, from whom the amount of a contribution fixed under section 39 may be required;

(20.1)  fixing, for the services it determines, the contribution referred to in section 39 and prescribing the indexation method and schedule applicable to the contribution;

(20.2)  determining terms and conditions for payment of the contribution fixed under section 39 and the cases in which a parent may be fully or partially exempted from payment of that contribution for all or some services, as specified;

(21)  determining the age class to which the contribution referred to in section 39 applies;

(21.1)  determining the documents and information that must be sent to the Minister by the parents referred to in section 41.6.3 concerning their employment situation, the class of annual income to which they belong, the family make-up and their childcare needs;

(22)  determining the terms and conditions of repayment of a grant received without entitlement and determining the conditions subject to which such a debt may be deducted from any future grants;

(22.1)  (subparagraph repealed);

(23)  (subparagraph repealed);

(24)  determining, from among the provisions of a regulation made under section, those the infringement of which constitutes an offence punishable under section 74.9.

1979, c. 85, s. 73; 1988, c. 84, s. 676; 1989, c. 59, s. 24; 1992, c. 36, s. 27; 1996, c. 2, s. 898; 1996, c. 16, s. 52; 1997, c. 58, s. 122; 1999, c. 23, s. 7; 2002, c. 17, s. 18; 2003, c. 27, s. 6.

CHAPTER IV.1 DEPARTURE

1999, c. 23, s. 8.

73.1. In an exceptional case and where the Minister considers it warranted in the public interest, the Minister may authorize the application of a measure that departs from a standard established by this Act or the regulations other than a standard established under any of paragraphs 13, 13.1, 14, 15 and 18 to 24 of section 73.

However, before the Minister may authorize the application of a measure that departs from a standard established under paragraph 2, 5, 6, 6.1, 10.2, 16.1 or 17 of section 73, the applicant or the permit holder must prove to the Minister that the proposed measure is appropriate and would, to the same degree, protect the health, ensure the safety and foster the development and well-being of the children.

1996, c. 16, s. 53; 1997, c. 58, s. 134; 1999, c. 23, s. 8.

73.1.1. The Minister may, by way of exception, dispense an applicant or a permit holder from providing childcare in a facility or from coordinating, overseeing and monitoring home childcare if the Minister considers that such form of childcare does not correspond to the needs and priorities determined by the Minister, if places giving entitlement to grants are not available in sufficient number to allow for a diversification of childcare services or if the applicant or permit holder proves to the Minister that it would hardly be feasible.

2002, c. 17, s. 19.

CHAPTER IV.2 PILOT PROJECTS

1999, c. 23, s. 8.

73.2. The Minister may establish pilot projects for the purpose of experimenting or innovating in the field of childcare or of studying, improving or developing childcare standards ; the Minister may authorize a person or organization to provide childcare within such pilot projects according to standards that are different from those established by this Act and the regulations.

Pilot projects shall be established for a maximum duration of one year and may, if the Minister considers it necessary, be extended for a maximum of six months.

The Minister shall issue directives establishing the standards applicable to pilot projects. The Minister may, at any time, make changes to or terminate a pilot project after advising the authorized person or organization.

1999, c. 23, s. 8.

CHAPTER IV.3 CONSULTATION AND AGREEMENT

2003, c. 13, s. 2.

73.3. The Minister may make an agreement with one or more associations representative of home childcare providers concerning the provision and financing of home childcare and the implementation and maintenance of programs and services that meet the needs of all home childcare providers.

Before making such an agreement, the Minister shall consult with associations representative of home childcare providers and of childcare centre permit holders that have informed the Minister of their constitution and shall submit the draft agreement to the Government for approval.

2003, c. 13, s. 2.

73.4. The provisions of the agreement shall be binding on all home childcare providers, whether or not they are members of an association party to the agreement, and on all childcare centre permit holders.

2003, c. 13, s. 2.

73.5. A representative association is an association consisting solely of home childcare providers and comprising at least 350 members or an alliance whose membership includes associations that consist solely of home childcare providers and, together, represent at least 350 home childcare providers.

The same applies to an association of childcare centre permit holders that has at least 150 members, and an alliance of associations of childcare centre permit holders whose member associations, together, represent at least 150 childcare centre permit holders.

A representative association must provide the Minister, on request, with up-to-date documents establishing its constitution, and the name and address of each of its members and, in the case of an association representative of home childcare providers, the name of the childcare centre permit holder having recognized each home childcare provider.

An alliance must also provide up-to-date documents establishing its constitution, the names and addresses of its member associations of home childcare providers or childcare centre permit holders, the names and addresses of the members of each association and, in the case of associations of home childcare providers, the name of the childcare centre permit holders having recognized each home childcare provider.

Where a representative association is an alliance of associations, the representative association alone is authorized to represent each of the member associations.

For the purposes of section 73.3, a home childcare provider may not be a member of more than one representative association other than an alliance. The same applies to childcare centre permit holders.

2003, c. 13, s. 2.

73.6. In no case may a childcare centre permit holder, an association of childcare centre permit holders, an alliance of such associations or a person acting in their name represent or play a role in forming or administering an association representative of home childcare providers.

2003, c. 13, s. 2.

73.7. Where, during the process that is to lead to an agreement, the parties consider that it may be expedient to bring in a third party to advise them on any matter that may be covered by the agreement or to facilitate the making of the agreement, they may agree on the appointment and the terms of appointment of the third party.

2003, c. 13, s. 2.

CHAPTER V PENAL PROVISIONS

1992, c. 61, s. 561.

74. Every person that contravenes any provision of section 3, section 4 or the second paragraph of section 8 is liable to a fine ot $500 to $5,000 and, in the case of a second or subsequent conviction, to a fine of $1,000 to $10,000.

1979, c. 85, s. 74; 1986, c. 58, s. 106; 1990, c. 4, s. 818; 1991, c. 33, s. 135; 1996, c. 16, s. 54; 1997, c. 58, s. 123.

74.1. Every holder of a day care centre permit that contravenes any provision of the first or second paragraph of section 11.1 or holder of a nursery school permit that contravenes any provision of the first or third paragraph of section 11.1 is liable to a fine of $500 to $5,000 and, in the case of a second or subsequent conviction, to a fine of $1,000 to $10,000.

Furthermore, every holder of a stop over centre permit that contravenes any provision of the first paragraph of section 11.1 or holder of a childcare centre permit that contravenes any provision of section 11.1.1 is liable to a fine of $500 to $5,000 and, in the case of a second or subsequent conviction, to a fine of $1,000 to $10,000.

1996, c. 16, s. 54; 1997, c. 58, s. 124.

74.2. Every holder of a day care centre or nursery school permit that contravenes any provision of section 10, 10.2 or 10.6 is liable to a fine of $250 to $1,000.

1996, c. 16, s. 54; 1997, c. 58, s. 125.

74.3. Every permit holder that contravenes any provision of section 14, 16 or 18 is liable to a fine of $250 to $1,000.

1996, c. 16, s. 54.

74.4. Every holder of a childcare centre permit, holder of a day care centre permit, other than a municipality or a school board, or recognized home childcare provider that receives a grant under section 41.6 and that fails to keep the books, accounts and registers referred to in section 13 or records false or inaccurate information therein is liable to a fine of $500 to $5,000 and, in the case of a second or subsequent conviction, to a fine of $1,000 to $10,000.

1996, c. 16, s. 54; 1997, c. 58, s. 126; 2002, c. 17, s. 21.

74.5. Every permit holder that receives a grant under section 41.6 and that fails to produce the report referred to in section 13.2 within the prescribed time or records false or inaccurate information in the report is liable to a fine of $500 to $5,000 and, in the case of a second or subsequent conviction, to a fine of $1,000 to $10,000.

Every person subject to the third paragraph of section 13.2 that fails to submit a report required under that section within the prescribed time or records false or inaccurate information in such a report is liable to a fine of $500 to $5,000 and, in the case of a second or subsequent offence, to a fine of $1,000 to $10,000.

Furthermore, every permit holder that fails to submit the report referred to in section 13.4 within the prescribed time or records false or inaccurate information therein is liable to a fine of $500 to $5,000 and, in the case of a second or subsequent conviction, to a fine of $1,000 to $10,000.

1996, c. 16, s. 54; 1997, c. 58, s. 126; 2002, c. 17, s. 22.

74.6. Every permit holder or home childcare provider that fails to keep the registration and attendance card referred to in the first paragraph of section 22 or enters false or misleading information on the card is liable to a fine of $250 to $1,000.

1996, c. 16, s. 54; 1997, c. 58, s. 127.

74.7. Every holder of a childcare centre permit, holder of a day care centre permit referred to in section 39.1 or recognized home childcare provider that contravenes any provision of the fifth paragraph of section 39 is liable to a fine of $250 to $1,000 and, in the case of a second or subsequent conviction, to a fine of $500 to $2,000.

1996, c. 16, s. 54; 1997, c. 58, s. 128.

74.8. Every person that contravenes any provision of section 35 is liable to a fine of $250 to $1,000 and, in the case of a second or subsequent conviction, to a fine of $500 to $2,000.

1996, c. 16, s. 54; 1997, c. 58, s. 128.

74.9. Every person that contravenes any regulatory provision determined under paragraph 24 of section 73 is liable to a fine of $250 to $1,000 and, in the case of a second or subsequent conviction, to a fine of $500 to $2,000.

1996, c. 16, s. 54; 1997, c. 58, s. 129.

74.10. Where a legal person contravenes any of sections 74 to 74.9, every director or other officer or representative of the legal person who authorized or permitted the commission of the offence, or who consented thereto, is liable to the fines provided for in the said sections.

1996, c. 16, s. 54; 1997, c. 58, s. 130.

75. (Repealed).

1979, c. 85, s. 75; 1992, c. 61, s. 562.

76. Where, on any premises, activities for which a permit is required under sections 3 and 4 are carried out without a permit, the Minister, after notifying the parents of the children received in these premises, may have the children evacuated or immediately close these premises before proceedings are instituted under section 74.

1979, c. 85, s. 76; 1996, c. 16, s. 55; 1997, c. 58, s. 134.

76.1. The Minister may cancel or suspend, in whole or in part, the payment of grants to the holder of a childcare centre permit or holder of a day care centre permit referred to in section 39.1 that refuses or neglects, when so required, to comply with any provision of sections 13, 13.2 to 13.4, 22 and 36.1 or to pay a sum owed to the Minister under this Act or the regulations.

The Minister may also cancel or suspend the payment of grants to a home childcare provider who refuses or neglects to comply with any provision of sections 8, 13, 22 and 36.1 or to pay a sum owed to the Minister under this Act or the regulations.

The Minister may cancel or suspend, in whole or in part, the payment of grants to an applicant for a childcare centre permit if the applicant acts or has acted contrary to the rules of sound management applicable to an organization receiving grants out of public funds, if the applicant is using grants under section 41.6 for purposes other than those for which the grants were made or if there has been malfeasance or breach of trust on the part of the applicant.

The Minister must, before making such a decision, allow the person concerned to present observations unless a remedial notice has already been issued to that person.

1997, c. 58, s. 131; 2002, c. 17, s. 24.

CHAPTER VI TRANSITIONAL AND FINAL PROVISIONS

77. (Amendment integrated into c. I-14, s. 32.4).

1979, c. 85, s. 77.

78. (Amendment integrated into c. I-14, s. 54.6).

1979, c. 85, s. 78.

79. (Amendment integrated into c. I-14, s. 255.2).

1979, c. 85, s. 79.

80. (Amendment integrated into c. C-19, s. 412).

1979, c. 85, s. 80.

81. (Amendment integrated into c. C-27.1, a. 552).

1979, c. 85, s. 81.

82. (Amendment integrated into c. S-5, s. 1).

1979, c. 85, s. 82.

83. (Amendment integrated into c. S-5, s. 12).

1979, c. 85, s. 83.

84. (Amendment integrated into c. S-5, s. 135.1).

1979, c. 85, s. 84.

85. (Amendment integrated into c. S-5, s. 159).

1979, c. 85, s. 85.

86. (Amendment integrated into c. S-5, ss. 161-162).

1979, c. 85, s. 86.

87. (Amendment integrated into c. R-10, s. 2).

1979, c. 85, s. 87.

88. (Amendment integrated into c. C-34, s. 21).

1979, c. 85, s. 88.

89. (Amendment integrated into c. C-34, s. 26).

1979, c. 85, s. 89.

90. (Amendment integrated into c. C-34, s. 28).

1979, c. 85, s. 90.

91. (Amendment integrated into c. C-34, s. 29).

1979, c. 85, s. 91.

92. (Amendment integrated into c. C-34, s. 32).

1979, c. 85, s. 92.

93. (Amendment integrated into c. C-34, s. 33).

1979, c. 85, s. 93.

94. (Repealed).

1979, c. 85, s. 94; 1992, c. 21, s. 338.

95. (Repealed).

1979, c. 85, s. 95; 1992, c. 21, s. 339; 1996, c. 16, s. 56.

96. (Repealed).

1979, c. 85, s. 96; 1992, c. 21, s. 340.

97. (Repealed).

1979, c. 85, s. 97; 1996, c. 16, s. 57.

98. The council of a local municipality may by regulation, notwithstanding any zoning by-laws and subject to the conditions imposed by the council, authorize the granting of permits for the use of land or the construction, alteration or occupation of buildings for the purposes of childcare centres or day care centres within the meaning of this Act.

No municipal by-law adopted under a general law or special Act may have the effect of preventing

(1)  the implementation or maintenance of day care in a home for the sole reason that it consists of day care in a home; or

(2)  the maintenance of a day care centre operated by a person holding a permit authorizing the operation of a reception centre belonging to the class of day care centres issued by the Minister of Health and Social Services before 29 November 1979;

(3)  the maintenance of a childcare centre operated by a person holding a day care centre permit issued by the Office des services de garde à l’enfance before 1 September 1997.

The second paragraph prevails against any general law or special Act and against any municipal by-law adopted under a general law or special Act.

1979, c. 85, s. 98; 1985, c. 23, s. 24; 1996, c. 2, s. 897; 1996, c. 16, s. 58; 1997, c. 58, s. 132.

99. The sums required for the carrying out of this Act shall be taken, for the fiscal period 1979-1980, out of the consolidated revenue fund and, for subsequent fiscal periods, out of the moneys granted annually for such purpose by Parliament.

1979, c. 85, s. 99; 1996, c. 16, s. 59.

100. The Minister of Child and Family Welfare is responsible for the application of this Act.

1979, c. 85, s. 100; 1985, c. 23, s. 24; 1997, c. 58, s. 133.

The Minister of Families, Seniors and the Status of Women exercises the functions of the Minister of Child and Family Welfare provided for in this Act. Order in Council 742-2005 dated 17 August 2005, (2005) 137 G.O. 2 (French), 5056.

101. (Omitted).

1979, c. 85, s. 101.

102. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter S-4.1 of the Revised Statutes, in force on 1 April 1998, is repealed, effective from the coming into force of chapter C-8.2 of the Revised Statutes.