S-4.1.1 - Educational Childcare Act

Updated to 16 December 2005

This document has official status.

chapter S-4.1.1

Educational Childcare Act

CHAPTER III HOME CHILDCARE SERVICES

DIVISION I HOME CHILDCARE COORDINATING OFFICES

§ 1 . — Functions of a coordinating office

40. A home childcare coordinating office is a childcare centre permit holder accredited by the Minister to coordinate, in a specifically defined territory, the educational childcare services to be provided by the home childcare providers it has recognized, and to monitor the application of the standards established by regulation for such childcare providers.

A coordinating office may also be a non-profit legal person that has as its main purpose to act as a coordinating office and is formed by childcare centre permit holders having an establishment in the specifically defined territory. The board of directors of the legal person must be in compliance with the requirements of subparagraphs 3 and 5 of the first paragraph and the second, third and fourth paragraphs of section 7 and the requirements of section 9, with the necessary modifications. The board must be composed of at least nine members a majority of whom are parents whose children are provided home childcare coordinated by the office. Board members must also include a home childcare provider whose operation is coordinated by the office, and representatives of childcare centres that are members of the legal person.

However, if no organization meets the criteria set out in section 43 or agrees to be accredited as a coordinating office, the Minister may accredit a non-profit legal person having an establishment in the territory.

The Minister may accredit a coordinating office following an application or after solicitation.

2005, c. 47, s. 40.

In force: 2006-06-01

41. Only a home childcare coordinating office accredited by the Minister may recognize a person as a home childcare provider or coordinate the home childcare services of a person it has recognized.

Only the holder of accreditation from the Minister may use a name that includes the term “home childcare coordinating office”.

2005, c. 47, s. 41.

42. A home childcare coordinating office has the following functions:

(1)  to grant recognition within the territory assigned to it;

(2)  to apply monitoring measures determined by regulation for the home childcare providers it has recognized;

(3)  to distribute subsidized childcare spaces according to parents’ childcare needs;

(4)  to determine, according to the cases and conditions determined by regulation, a parent’s eligibility for payment of the contribution set by the Government under section 82;

(5)  to administer, according to the Minister’s instructions, the granting, payment, maintenance, suspension, reduction or withdrawal of subsidies to the home childcare providers it has recognized and to manage the agreements, documents and information necessary for the administration of the subsidies;

(6)  to maintain a centralized information service for home childcare services; and

(7)  to foster ongoing training and development for home childcare providers and provide technical and pedagogical support on request;

(8)  to deal with parents’ complaints concerning the home childcare providers it has recognized.

2005, c. 47, s. 42.

§ 2 . — Terms and conditions of accreditation

43. In granting accreditation, the Minister is to consider, among other things, the following criteria with regard to a childcare centre permit holder or a legal person:

(1)  its objectives and priorities, the integrity and quality of its organization, its ability to coordinate home childcare in accordance with the geographical and cultural context, and its viability;

(2)  its contribution to childcare services in terms of enrichment, complementarity and diversity;

(3)  its resources;

(4)  its presence in the territory defined by the Minister and its ability to collaborate with existing institutional, social, educational and community bodies; and

(5)  the participation of parents, the users of the services it coordinates, in its activities.

The Minister may make accreditation subject to conditions determined by the Minister.

2005, c. 47, s. 43.

44. The accreditation determines the number of subsidized childcare spaces to be distributed by the coordinating office in the territory assigned to it.

2005, c. 47, s. 44.

45. Accreditation is granted for a renewable period of three years.

2005, c. 47, s. 45.

46. Notice of each accreditation, renewal or revocation is published in the Gazette officielle du Québec.

2005, c. 47, s. 46.

47. The Minister may, at the request of a coordinating office, modify its accreditation according to the criteria set out in section 43.

2005, c. 47, s. 47.

48. A coordinating office must obtain the Minister’s authorization before changing the address of its head office, disposing of or transferring a significant asset that is necessary for its operations and was acquired by means of a subsidy, or making a change in its organization.

2005, c. 47, s. 48.

§ 3 . — Revocation of accreditation

49. The Minister may revoke an accreditation in the following circumstances:

(1)  the accredited party requests revocation of the accreditation;

(2)  the accreditation was granted on the basis of false or misleading information;

(3)  the accredited party does not comply with the conditions determined by law;

(4)  the Minister judges that a change in the accredited party’s circumstances makes revocation necessary given the criteria considered in granting the accreditation; or

(5)  the accredited party acts contrary to the rules of sound management applicable to an organization receiving subsidies out of public funds, or there has been malfeasance or breach of trust.

Unless the revocation is at the accredited party’s request, the Minister must notify the accredited party in writing and give the accredited party at least 10 days to submit observations.

2005, c. 47, s. 49.

50. The Minister’s decision, with reasons, is communicated in writing.

2005, c. 47, s. 50.

51. When an accreditation is revoked, the Minister assumes the coordination of services provided by the home childcare providers recognized by the former coordinating office, until a new coordinating office is accredited for the territory concerned. As of that time, the home childcare providers are deemed to have been recognized by the new coordinating office.

2005, c. 47, s. 51.

CHAPTER VII PARENTAL CONTRIBUTION AND SUBSIDIES

DIVISION II SUBSIDIES

94. The Minister may reallocate childcare spaces that a permit applicant or a permit holder fails to make available, or that a coordinating office fails to distribute, within the time determined by the Minister.

Likewise, the Minister may reallocate a childcare space allocated to a permit holder if it becomes unoccupied.

A coordinating office may reallocate a childcare space allocated to a home childcare provider if it becomes unoccupied or if the services offered no longer satisfy the terms of the subsidy agreement.

2005, c. 47, s. 94.

CHAPTER XIV MISCELLANEOUS AND TRANSITIONAL PROVISIONS

158. The Minister may accredit, as a home childcare coordinating office, a legal person that holds a childcare centre permit on 16 December 2005 and that has been dispensed from providing childcare in a facility under section 73.1.1 of the Act respecting childcare centres and childcare services (chapter C-8.2) if it undertakes to bring its board of directors into compliance with the requirements of subparagraphs 3 and 5 of the first paragraph and the second, third and fourth paragraphs of section 7 and the requirements of section 9, with the necessary modifications, within six months after it is accredited.

However, the parent members of the board of directors must be parents whose children are provided childcare coordinated by the office.

2005, c. 47, s. 158.

159. A childcare centre permit holder that coordinates home childcare services on 16 December 2005 must communicate to the Minister, in the manner and according to the conditions determined by the Minister and not later than 20 January 2006, the names of and contact information for each home childcare provider the centre has recognized, the date of recognition and the number of subsidized childcare spaces granted.

2005, c. 47, s. 159.

160. A childcare centre permit holder that has not been accredited by the Minister as a home childcare coordinating office and operates a childcare centre in a territory assigned to a coordinating office must, without delay at the Minister’s request, communicate to the coordinating office the names and addresses of the persons the centre has recognized as home childcare providers, as well as the records drawn up concerning those persons in accordance with the Act respecting childcare centres and childcare services (chapter C-8.2) and the regulations.

Such persons are deemed to be recognized by the coordinating office as of 1 June 2006 unless they notify the coordinating office of their intention to give up the recognition.

2005, c. 47, s. 160.

166. A regulation made under this Act before 1 September 2006 may have a shorter publication period than that provided for in section 11 of the Regulations Act (chapter R-18.1), but not shorter than 20 days. Furthermore, such a regulation is not subject to the requirement of section 17 of that Act as regards its date of coming into force.

2005, c. 47, s. 166.

167. The Government may, by a regulation made before 1 April 2007, enact any other transitional provision or measure needed to carry out this Act.

A regulation made under this section is not subject to the publication requirement set out in section 8 of the Regulations Act (chapter R-18.1) or to the date of coming into force set out in section 17 of that Act.

Such a regulation may, if it so provides, apply from any date not prior to 16 December 2005.

2005, c. 47, s. 167.

168. (Omitted).

2005, c. 47, s. 168.