S-4.1.1 - Educational Childcare Act

Section 81.2.12 Disposition versions

2024-09-27

81.2.12. Subject to section 81.2.16, an attestation establishing that no impediment exists is valid only so that the attestation holder may, as applicable,

(1)  hold a permit or be recognized as a home educational childcare provider following an application made, as applicable, under subparagraph 1 or 3 of the third paragraph of section 81.2.2;

(2)  carry out a role, a function or work for the same permit applicant, the same educational childcare provider or the same coordinating office, following an application for an investigation concerning the attestation holder made under subparagraphs 2 and 3 of the third paragraph of section 81.2.2;

(3)  be in the presence of the children received in the residence of the home educational childcare provider in which the attestation holder lives following an application for an investigation concerning the attestation holder made under subparagraph 3 of the third paragraph of section 81.2.2; or

(4)  act as staff member in any permit holder’s centre within the scope of a relationship between the latter and a legal person providing replacement childcare staff members that has made an application for an investigation concerning the attestation holder under subparagraph 4 of the third paragraph of section 81.2.2.

Despite subparagraph 2 of the first paragraph, if the holder of an attestation establishing that no impediment exists is selected for the office of chief officer of a childcare centre, a day care centre whose childcare services are subsidized or a coordinating office that does not hold a childcare centre permit, but the attestation holder’s attestation was issued for the exercise of a role, a function or work other than that of chief officer, that attestation remains valid only if the attestation holder provides a sworn statement indicating that, since the attestation was issued, the attestation holder has not been charged with or found guilty of a criminal offence related to the elements referred to in the second paragraph of section 81.2.4 and if the conditions set out in either of the following paragraphs are met:

(1)  the attestation that the attestation holder already holds was issued by a police force; or

(2)  the attestation that the attestation holder already holds was issued under section 81.2.9 and the attestation of a potential impediment whose content assessment led to the issue of that attestation has been sent to the third person designated, according to section 81.2.8, as being responsible for assessing the content of an attestation of a potential impediment concerning a person who is selected for the office of chief officer, and that third person has determined that no impediment exists.

2024, c. 6, s. 17.