S-4.1.1 - Educational Childcare Act

À jour au 1^er septembre 2022

Ce document a valeur officielle.

chapter S-4.1.1

Educational Childcare Act

CHAPTER I GENERAL PROVISIONS

DIVISION I SCOPE AND INTERPRETATION

1. The object of this Act is to enhance the quality of the educational services intended for children before their admission to school so as to ensure the health and safety of the children to whom childcare services are provided, particularly those with special needs or who live in a precarious socio-economic situation, foster their development, educational success and well-being and provide them with equality of opportunity.

A further object of this Act is to foster the harmonious development of an educational childcare service supply that is sustainable and that takes into account the needs of parents, in order to facilitate the reconciliation of their parental responsibilities with their professional or student responsibilities, as well as their right to choose the educational childcare provider.

2005, c. 47, s. 1; 2017, c. 31, s. 1; 2022, c. 9, s. 97; 2022, c. 9, s. 1.

2. Every child has a right to quality personalized educational childcare services from birth until the child’s admission to preschool or elementary school education or, failing that, until the first day of the school calendar of the school year, within the meaning of the Education Act (chapter I-13.3), following the that in which the child reaches six years of age. A child who ceases to attend school after being admitted also has a right to educational childcare services until the first day of the school calendar of the school year following that in which the child reaches six years of age.

The above right must be exercised taking into account the availability, organization and resources of educational childcare providers. It must also be exercised having regard to the rules set out in this Act relating to access to educational childcare services, including the obligation for those providers to fill their service supply using exclusively the registrations entered in the single window for access to educational childcare services, and the rules relating to subsidies, including those concerning the allocation of subsidized childcare spaces.

The implementation of that right is reinforced by the obligation imposed on the Minister to take the measures referred to in section 93.0.3 so that the educational childcare service supply in each territory meets the demand for such services.

2005, c. 47, s. 2; 2020, c. 1, s. 312; 2022, c. 9, s. 97; 2022, c. 9, s. 2.

2.1. Educational childcare centres, day care centres and recognized home educational childcare providers, with the support, in the latter’s case, of home educational childcare coordinating offices that this Act allows to be accredited, are the educational childcare providers that contribute to the fulfilment of the objectives of this Act.

2022, c. 9, s. 2.

2.2. Educational childcare providers covered by this Act may provide childcare only to the children referred to in the first paragraph of section 2.

2022, c. 9, s. 2.

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

(1)  the person who has de facto custody of a child is considered to be a parent of the child, except if the person having parental authority objects;

(2)  a person is related to another person if that other person is

(a)  subject to section 93.3, the person’s spouse or child, the child of the person’s spouse, or the person’s mother, father or parent, aunt, uncle, brother or sister or their spouse;

(b)  the person’s partner or the partnership in which the person is a partner;

(c)  a legal person controlled by the person or by a person referred to in subparagraph a;

(d)  a legal person in which the person, directly or indirectly, holds 10% or more of all voting rights attached to issued shares or 10% or more of all issued shares;

(e)  a legal person of which the person is a director or officer; or

(f)  a person, other than a financial institution, who directly or indirectly grants the person a security, a loan or any other economic benefit in relation to the establishment of a day care centre delivering subsidized childcare or the funding of its activities;

(3)  a natural person who, directly or indirectly, holds voting shares of a legal person not listed on a Canadian stock exchange is a shareholder.

2005, c. 47, s. 3; 2010, c. 39, s. 1; 2014, c. 8, s. 1; 2022, c. 22, s. 279.

DIVISION II CHILDCARE SERVICES

4. (Repealed).

2005, c. 47, s. 4; 2022, c. 9, s. 97; 2022, c. 9, s. 3.

5. In order to ensure the provision of educational childcare services, the educational program applied by an educational childcare provider must be aimed at

(1)  fostering children’s overall development, enabling them to develop, at their own pace, all facets of their person, particularly their emotional, social, cognitive, language, physical and motor development;

(2)  helping children gradually adapt to life in society and integrate a group harmoniously; and

(3)  fostering children’s educational success, particularly by facilitating their transition into the school system.

The educational program must also include promotional and preventive elements aimed at providing an environment conducive to the acquisition of healthy lifestyle habits, healthy eating habits and behaviours that have a positive effect on the children’s health and well-being.

In applying the program, educational childcare providers must take into account the children’s environment.

The Government determines, by regulation, any other element or service to be included in the educational program. It may, in the same way, prescribe a single program applicable in whole or in part to the educational childcare providers it determines and provide for program equivalencies.

2005, c. 47, s. 5; 2017, c. 31, s. 2; 2022, c. 9, ss. 4 and 97.

5.1. Educational childcare providers must, at the Minister’s request and in the manner determined by the Minister, participate in the process to assess and improve the educational quality of childcare.

The Minister determines the measurement tools to be used in this process and may require educational childcare providers and their participating staff to provide the Minister with the information and documents required and to complete a questionnaire assessing childcare quality.

The Minister may designate a person or body with the required expertise in the field of early childhood to develop measurement tools and collect and process the information, documents and questionnaire.

The Minister follows up on the results of the childcare educational quality assessment and improvement process with the educational childcare providers concerned.

2017, c. 31, s. 3; 2022, c. 9, s. 97.

5.2. Educational childcare providers must ensure the health, safety and well-being of the children to whom they provide childcare.

Among other things, educational childcare providers may not apply degrading or abusive measures, use exaggerated punishment, denigration or threats, or employ abusive or disparaging language that could humiliate or frighten a child or undermine the child’s dignity or self-esteem. Nor may they tolerate such behaviour from their employees.

2017, c. 31, s. 3; 2022, c. 9, s. 97.

6. No person may, personally or through another, provide or offer to provide childcare services to a child referred to in the first paragraph of section 2, in return for a contribution, unless the person holds a childcare centre or day care centre permit or is a home educational childcare provider recognized by an accredited home educational childcare coordinating office.

The prohibition set out in the first paragraph does not apply to

(1)  natural persons who are own-account workers and who, in a private residence where childcare is not already being provided,

(a)  look after up to two children; or

(b)  look after only children who ordinarily live together;

(2)  day camp or vacation camp operators;

(3)  non-profit community organizations whose overall mission is financed by a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and that, incidentally to their main mission, provide occasional childcare in a place other than an educational institution;

(4)  non-profit legal persons that, in an educational institution, provide occasional childcare exclusively to children of students attending that institution while the latter are pursuing their studies and where the latter can make themselves available if needed; or

(5)  persons who provide occasional childcare to children whose parents are on site and can be reached if needed at one of the following locations:

(a)  a health and social services institution;

(b)  a commercial establishment;

(c)  a fair, an exhibition or a place where a one-time event is held; and

(d)  a place where a deliberative assembly is held.

2005, c. 47, s. 6; 2010, c. 39, s. 2; 2017, c. 31, s. 4; 2022, c. 9, s. 97; 2022, c. 9, s. 6.

6.0.1. For the purposes of the first paragraph of section 6, childcare services offered or provided to a child as a benefit to a parent as an employee or client or as a person attending or frequenting an institution or establishment are deemed to be offered or provided in return for a contribution, even if no monetary consideration is required for those services.

2022, c. 9, s. 7.

6.1. Section 6 does not apply to a natural person who

(1)  is an own-account worker;

(2)  provides childcare in a private residence where such childcare is not already being provided;

(3)  provides childcare to up to six children of whom not more than two are under the age of 18 months, including the person’s own children under nine years of age and any other children under nine who ordinarily live with the person and are present while the childcare is provided;

(4)  holds an attestation issued by a police force or the Minister for himself or herself and for each person of full age living in the residence, establishing that none of them has an impediment under paragraph 2 or 3 of section 26;

(5)  holds a certificate attesting that he or she has successfully completed a first aid course determined by government regulation;

(6)  is covered by a civil liability insurance policy whose amount and coverage are determined by government regulation;

(7)  notifies the parent using his or her services in writing that, as regards childcare services, he or she is subject only to the conditions provided for in this section, that he or she offers unrecognized home childcare, that he or she is not subject to monitoring by a home educational childcare coordinating office and that the quality of his or her childcare service is not assessed by the Minister; and

(8)  has not been convicted of an offence under section 6.2, or more than two years have elapsed since the conviction.

For the purposes of subparagraph 4 of the first paragraph, the Government determines, by regulation, the terms and conditions a person must fulfil to obtain an attestation establishing that no impediment exists.

The notice provided for in subparagraph 7 of the first paragraph, in the form prescribed by the Minister, must be signed by the parent and kept by the person offering the childcare for as long as the child receives the services. The notice must also contain any other element provided for by government regulation.

2017, c. 31, s. 5; 2022, c. 9, s. 97.

6.2. The person referred to in section 6.1 may not apply degrading or abusive measures, use exaggerated punishment, denigration or threats, or employ abusive or disparaging language that could humiliate or frighten a child to whom he or she provides childcare or undermine the child’s dignity or self-esteem.

2017, c. 31, s. 5.

CHAPTER II CHILDCARE CENTRES AND DAY CARE CENTRES

DIVISION I PERMITS

7. The Minister may issue a childcare centre permit to a non-profit legal person or a cooperative whose board of directors is as follows:

(1)  it is made up of at least seven members;

(2)  at least two thirds of its members are parents who are clients or future clients of the childcare centre;

(3)  at least one of its members is from the business sector or the institutional, social, education or community sector;

(4)  no more than two of its members are staff members of the centre; and

(5)  none of its members is related to another.

No board member referred to in subparagraph 2 or 3 may be a staff member of the centre or a person related to a staff member of the centre.

The prohibition concerning related persons does not apply to an Aboriginal board of directors formed for the establishment or operation of a centre on Aboriginal territory.

The Government may make rules concerning the election of the members of the board of directors, its operation and the content of its internal by-laws.

2005, c. 47, s. 7.

8. An applicant for a childcare centre permit must also

(1)  undertake to provide educational childcare in one or more facilities;

(1.1)  undertake to ensure the health, safety and well-being of the children to whom childcare is provided;

(1.2)  undertake to provide childcare only to children referred to in the first paragraph of section 2;

(2)  be granted subsidies by the Minister;

(3)  hold no other permit under this Act; and

(4)  pay the fees and meet the other conditions determined by regulation.

2005, c. 47, s. 8; 2009, c. 36, s. 73; 2010, c. 39, s. 3; 2022, c. 9, s. 9.

9. (Repealed).

2005, c. 47, s. 9; 2009, c. 36, s. 74.

10. The Minister may, except in the case of a project selected under section 93.0.1, refuse to issue a childcare centre permit given the subsidies available or the relevance of subsidizing a permit applicant for the proposed territory or if the educational childcare service supply necessary to meet the demand for such services, determined under section 11.2, is achieved in the proposed territory.

No childcare centre permit may be issued to a private education institution within the meaning of the Act respecting private education (chapter E-9.1).

In order to provide for the implementation of an agreement between the Government and a Mohawk community, the Minister may issue a childcare centre permit to a non-profit organization that does not meet the requirements of section 7, on the condition that the organization is governed as provided for in that section.

2005, c. 47, s. 10; 2022, c. 9, s. 10.

11. The Minister may issue a day care centre permit to a person provided

(1)  the person undertakes to provide educational childcare to children in a single facility;

(1.1)  undertakes to ensure the health, safety and well-being of the children to whom childcare is provided;

(1.1.1)  the person undertakes to provide childcare only to children referred to in the first paragraph of section 2;

(1.2)  the person shows the feasibility, relevance and quality of his or her project to the Minister’s satisfaction;

(2)  the person meets the other conditions prescribed by regulation; and

(3)  the person pays the fees determined by regulation.

A permit applicant is deemed to meet the condition set out in subparagraph 1.2 of the first paragraph if the Minister, in allocating new subsidized childcare spaces under section 93.0.1, granted the applicant such spaces. The same is true of a permit applicant who acquires the assets of a permit holder, provided the applicant continues to provide childcare in accordance with the same conditions as those stated on the permit holder’s permit under paragraphs 2 and 3 of section 12, and of a permit applicant or permit holder who has obtained the authorization referred to in section 16.1 to maintain the provision of childcare services to children who would otherwise not have any.

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

For the purposes of this section, a Native band council is considered a legal person.

2005, c. 47, s. 11; 2009, c. 36, s. 75; 2017, c. 31, s. 6; 2020, c. 1, s. 309; 2022, c. 9, s. 11.

11.1. In assessing the criteria set out in subparagraph 1.2 of the first paragraph of section 11, the Minister considers, in particular,

(1)  as regards feasibility: the applicant’s ability to complete his or her project according to realistic funding and deadlines;

(2)  as regards relevance: whether the project meets the necessary educational childcare service supply determined under section 11.2 in the territory where the applicant wishes to set up operations; and

(3)  as regards quality: the correlation between the childcare services offered and the means used to carry out the project, the choice of the facility’s location and the means implemented to ensure sound, efficient management of the day care centre’s human, material, financial and information resources.

If the application concerns a Native community, the Minister consults that community only.

2017, c. 31, s. 7; 2022, c. 9, s. 12.

11.2. The Minister assesses, at least once a year and for all of Québec, the educational childcare service needs in each territory the Minister determines, and identifies, if necessary, the priorities for developing such services. For those purposes, the Minister considers, among other factors, the permits already issued, the permit applications and other applications for authorization under section 21 or section 21.1 awaiting a decision, demographic variations, the recognitions granted to home educational childcare providers, the registrations entered in the single window for access to educational childcare services, and how well childcare service needs are already being met.

Subsequently, the Minister consults the regional advisory committee established under section 103.5 that is responsible for the territory concerned. The Minister requests, within the time determined by the Minister, the opinion of the committee on the assessment of needs and on the development priorities identified under the first paragraph.

The committee may then recommend that the Minister consider certain elements, specific to that territory, with respect to the childcare service needs, the development priorities, the allocation of subsidized childcare spaces or the issue of a day care centre permit.

At the conclusion of that exercise, the Minister determines, for each territory, the educational childcare service supply necessary to meet the demand for such services. The Minister then establishes whether the supply meets the demand and makes a projection of those findings for any period determined by the Minister. The Minister may also adjust the development priorities the Minister has identified.

The Minister publishes on the Minister’s department’s website, for the benefit of permit applicants and permit holders, the necessary information on the educational childcare service needs and priorities for developing such services specific to each territory and makes public his or her assessment, the determination made under the fourth paragraph and the opinions and recommendations given by the committees under this section.

When the Minister assesses the childcare service needs and establishes the priorities for developing such services within an Aboriginal community, the Minister consults only the community concerned or, if applicable, the person or body designated by the community to represent it in such matters.

For the purposes of this section, the territories are determined by the Minister in such a way as to ensure, for all of Québec, optimal measurement of educational childcare service needs. The Minister publishes, on the Minister’s department’s website, his or her method for determining territories as well as the territories determined, which must be of at least the same size as the territories of the home educational childcare coordinating offices.

2017, c. 31, s. 7; 2022, c. 9, s. 13.

11.3. Each year, the Minister consults the Minister of Education, Recreation and Sports to ensure consistency between the development of educational childcare services and preschool educational services where those services are intended for children who may use either type of services.

2022, c. 9, s. 14.

12. A permit must state

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

(2)  the address of each of the facilities where childcare is provided;

(3)  the maximum number of children in each of the facilities;

(4)  the maximum number of children per age class or per age class group in each of the facilities; and

(5)  the number of subsidized childcare spaces, if any.

2005, c. 47, s. 12; 2009, c. 36, s. 76; 2022, c. 9, s. 15.

13. A permit holder may not provide childcare in a facility to more children than the number stated on the permit or provide childcare to children for periods exceeding 48 consecutive hours.

A permit holder may not provide childcare to children in age classes other than those stated on the permit or to more children in each age class or age class group than the number stated on the permit.

2005, c. 47, s. 13.

14. A permit holder must comply with the standards established by this Act and, if so required by regulation, file a certificate with the Minister establishing compliance with those standards.

The Government may make regulations determining the standards with respect to which a certificate is required, the form and contents of the certificate and the time when it must be filed.

2005, c. 47, s. 14.

15. Only the holder of a permit issued by the Minister may use a name that includes the term “childcare centre” or “day care centre”.

2005, c. 47, s. 15.

16. Childcare services must be provided by a permit holder at the address appearing on the permit, except during outings organized for the children.

However, with the Minister’s authorization, childcare services may be provided elsewhere than at that address for a specified period, provided the permit holder shows

(1)  that childcare services cannot be provided in the facility whose address appears on the permit for reasons beyond the permit holder’s control;

(2)  that the situation is temporary; and

(3)  that the alternate facility is suitable for the children’s health and safety.

2005, c. 47, s. 16.

16.1. The Minister may, in exceptional circumstances and temporarily, where a permit holder ceases operations in one or more facilities or is about to do so, authorize a childcare centre permit applicant or permit holder to maintain the provision of childcare services to the children who would otherwise not have any, at the address of the facility appearing on the permit of the holder ceasing operations or at any other address determined by the Minister.

Where no childcare centre permit applicant or permit holder is able to ensure that services are maintained to the Minister’s satisfaction, the authorization may be granted to a day care permit applicant or permit holder.

Where the Minister authorizes a permit applicant, the Minister issues a temporary permit to the applicant for the purposes of this section.

2022, c. 9, s. 17.

16.2. In the cases provided for in section 16.1, the Minister may authorize, for a specified period, a permit holder to provide childcare services according to standards that depart from those established by or under this Act or may exempt the permit holder from the application of certain standards, except a standard established under subparagraph 13 or 13.1 of the first paragraph of section 106.

The Minister establishes the period and applicable standards by issuing a directive.

2022, c. 9, s. 17.

16.3. The Minister makes public, on the Minister’s department’s website, the names of the permit applicants or permit holders to whom the Minister has granted an authorization under section 16.1 as well as any directive issued under section 16.2.

2022, c. 9, s. 17.

16.4. The Minister may, for the period the Minister determines, authorize a childcare centre permit holder and a person that already holds a day care centre permit to whom subsidized childcare spaces have been allocated and whose project involves work to construct or develop a facility to provide childcare to children in a temporary facility.

Sections 18 to 20 of the Act do not apply to the temporary facility.

The Government establishes, by regulation, the conditions and standards applicable in such circumstances and determines the standards from which the holder is exempt.

2022, c. 9, s. 17.

17. A permit holder must notify the Minister in writing, within 15 days, of a change of name or address and, in the case of a legal person, of a change of director or shareholder.

A permit holder must provide, with respect to a new director or new shareholder, the information required by regulation.

2005, c. 47, s. 17; 2010, c. 39, s. 4.

18. A permit applicant must submit to the Minister for approval the plans of any facility in which the permit applicant proposes to provide childcare services.

The same applies if a permit holder is planning to alter a facility, add a new facility or relocate a facility permanently.

Such plans must be signed and sealed by an architect or any other professional authorized to do so.

2005, c. 47, s. 18.

19. The Minister must make a decision within 60 days after receiving the plans. The Minister may refuse to approve the plans if the proposed premises or alterations do not appear to comply with the standards established by regulation.

2005, c. 47, s. 19.

20. The permit holder must ensure that the premises and alterations comply at all times with the approved plans and the standards established by regulation.

2005, c. 47, s. 20.

21. The childcare centre permit holder must obtain the Minister’s written authorization before increasing the number of children beyond the maximum stated on the permit, altering a facility, adding a new facility or relocating a facility permanently.

The Minister may, except in the case of a project selected under section 93.0.1, refuse to grant the authorization given the subsidies available and the relevance of subsidizing a permit holder for the proposed territory or if the educational childcare service supply necessary to meet the demand for such services, determined under section 11.2, is achieved in the proposed territory.

2005, c. 47, s. 21; 2022, c. 9, s. 18.

21.1. A day care centre permit holder must obtain the Minister’s written authorization before increasing the number of children beyond the maximum stated on the permit.

The same is true if the permit holder wishes to permanently relocate his or her facility to offer childcare services in another territory.

The Minister grants the authorization if the Minister judges that the change requested meets the criteria set out in subparagraph 1.2 of the first paragraph of section 11, taking section 11.1 into account.

2017, c. 31, s. 8.

22. A permit holder must display the permit in each facility, in a place readily visible and accessible to the public at all times.

2005, c. 47, s. 22.

DIVISION II TERM, MODIFICATION AND RENEWAL OF PERMITS

2005, c. 47, Div. II; 2022, c. 9, s. 19.

23. A permit is issued or renewed for five years, or for a shorter period if the Minister considers it appropriate.

If the Minister has yet to decide the application for renewal of a permit on the date of expiry, the permit remains in force until the decision is made, but for no more than 120 days.

2005, c. 47, s. 23.

24. The Minister may modify a permit where a change is made to one of the elements listed in section 12.

The requirements of sections 7, 8, 11 and 40.2 apply to the modification or renewal of a permit.

However, the requirement of subparagraph 1.2 of the first paragraph of section 11 does not apply to the modification or renewal of a day care centre permit, except in the cases provided for in section 21.1.

2005, c. 47, s. 24; 2017, c. 31, s. 9; 2022, c. 9, s. 20.

25. A permit is not transferable.

2005, c. 47, s. 25.

25.1. A permit holder may not entrust the administration or management of the permit holder’s facility to a third party who is a legal person.

2010, c. 39, s. 5.

DIVISION III REFUSAL TO ISSUE OR RENEW A PERMIT, SUSPENSION OR REVOCATION OF A PERMIT

26. The Minister may refuse to issue a permit if

(1)  the applicant is unable to ensure the health, safety or well-being of the children to whom the applicant proposes to provide childcare;

(2)  the applicant or a director or a shareholder of the applicant exhibits or has exhibited behaviour that could reasonably pose a threat for the physical or emotional safety of the children to whom the applicant proposes to provide childcare;

(3)  the applicant or a director or a shareholder of the applicant is charged with or has been convicted of an indictable or criminal offence related to the abilities and conduct required to operate a childcare centre or a day care centre;

(4)  the applicant or a director or a shareholder of the applicant was convicted of an offence under section 6 in the two years preceding the application or, in the case of a second or subsequent offence, in the five years preceding the application;

(5)  the applicant or a director or a shareholder of the applicant held a permit that was revoked or not renewed under paragraph 4 or 5 of section 28 in the five years preceding the application;

(5.1)  the applicant or a director or a shareholder of the applicant was convicted of an offence under section 108.2 in the five years preceding the application;

(6)  the applicant made a false declaration or distorted a material fact in the application.

2005, c. 47, s. 26; 2010, c. 39, s. 6.

27. Police forces in Québec are required to communicate any information required by regulation that is needed to verify the existence of an impediment under paragraph 2 or 3 of section 26.

The investigation to that end must be concerned with any sexual misconduct, failure to provide necessities of life, criminal operation of a motor vehicle, violent behaviour, criminal negligence, fraud, theft, arson and drug or narcotic-related offence.

For the purpose of assessing impediments, an advisory committee composed of persons who have a marked interest in child protection or expertise and experience in that field is established by the Minister.

2005, c. 47, s. 27.

28. The Minister may suspend, revoke or refuse to renew a permit if

(1)  the permit holder commits or authorizes, consents to or participates in the commission of an offence under this Act;

(2)  the permit holder no longer meets the requirements for the issue of a permit;

(3)  the permit holder fails to show that no impediment exists under paragraph 2 or 3 of section 26;

(4)  the permit holder makes a false declaration or distorts a material fact in the application for the issue or renewal of the permit, or in a document or information required by the Minister;

(5)  the permit holder contravenes section 5.2;

(6)  the permit holder ceases to operate;

(7)  the permit holder refuses or neglects to comply with a notice of non-compliance issued under section 65; or

(8)  the permit holder refuses or neglects to pay a sum owed to the Minister.

2005, c. 47, s. 28; 2017, c. 31, s. 10; 2022, c. 9, s. 21.

28.1. When shares that carry 10% or more of the voting rights in a legal person holding a day care centre permit are transferred, the Minister may suspend, revoke or refuse to renew the permit of the permit holder if the new shareholder

(1)  meets the description of paragraph 4, 5 or 5.1 of section 26;

(2)  is the holder of another day care centre permit in relation to which the Minister has cancelled or reduced the subsidy or suspended payment in whole or in part under section 97; or

(3)  already holds shares that carry 10% or more of the voting rights in another legal person holding a day care centre permit in relation to which the Minister has cancelled or reduced the subsidy or suspended payment in whole or in part under section 97.

The Minister must suspend, revoke or refuse to renew the permit for any of the reasons set out in subparagraphs 1 to 3 of the first paragraph if a transfer of shares by the shareholder was effected through two or more transactions which resulted in the evasion of this section.

2010, c. 39, s. 7.

29. Before refusing to issue or renew a permit or suspending or revoking a permit, the Minister must notify the applicant or permit holder in writing and give the applicant or permit holder at least 15 days to submit observations.

The Minister’s decision, with reasons, is communicated to the applicant or permit holder in writing.

2005, c. 47, s. 29; 2022, c. 9, s. 76.

30. A permit holder must, at least 90 days before ceasing to operate in one or more facilities, notify in writing the Minister and the parents of the children attending the childcare centre or day care centre, inform the Minister of the number and age of the children receiving childcare, and comply with any other condition determined by regulation.

The permit is then modified or revoked, for any facility concerned, as of the date set out in the notice.

2005, c. 47, s. 30; 2022, c. 9, s. 22.

DIVISION IV DAY CARE CENTRE PARENTS ADVISORY COMMITTEE

2005, c. 47, Div. IV; 2022, c. 9, s. 23.

31. The day care centre permit holder must form, in the permit holder’s facility, a parents committee composed of five parents elected by and from among the parents who are clients of the centre, other than the permit holder, the members of the board of directors, the members of the staff and persons related to them.

However, the permit holder is not required to form a parents committee if a majority of the board members are parents who are clients of the day care centre and meet the requirements of the first paragraph.

2005, c. 47, s. 31; 2009, c. 36, s. 77.

32. The permit holder must consult the parents committee on all aspects of the childcare provided in the day care centre, including

(1)  the application of the educational program;

(2)  the acquisition and use of educational materials and equipment;

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

(4)  the physical layout and furnishings of the facility;

(5)  the services provided; and

(6)  the processing of complaints.

2005, c. 47, s. 32.

33. The permit holder must, by means of a written notice, call a meeting of all the parents who are clients of the day care centre so that they may elect their representatives to the parents committee.

The meeting must be held within three months after the issue of the permit and, subsequently, every year before 15 October.

2005, c. 47, s. 33.

34. The parents committee chooses a chair and a secretary from among its members. The chair presides over the meetings of the committee and the secretary keeps the minutes.

The permit holder must see to it that the parents committee meets at least four times a year. Three members constitute the quorum.

If a vacancy occurs on the parents committee, the permit holder calls a meeting so that the vacancy may be filled.

2005, c. 47, s. 34.

35. The parents committee adopts by-laws.

The Government may, by regulation, determine rules governing the operation of a parents committee.

2005, c. 47, s. 35.

36. The permit holder communicates the names of the parents committee members in writing to all parents who are clients of the day care centre.

2005, c. 47, s. 36.

37. The permit holder must call a meeting of the parents committee in writing at least ten days in advance, by a notice informing the members of the date, time and place of the meeting and the matters on the agenda. The notice is also sent to all parents.

2005, c. 47, s. 37.

38. All documents relating to the parents committee must be kept by the permit holder on the premises of the facility for at least five years.

2005, c. 47, s. 38.

39. A member of a parents committee may not be prosecuted for any act done in good faith in the exercise of committee functions.

2005, c. 47, s. 39.

CHAPTER III HOME CHILDCARE SERVICES

DIVISION I HOME EDUCATIONAL CHILDCARE COORDINATING OFFICES

2005, c. 47, Div. I; 2022, c. 9, s. 97.

§ 1 . — Functions of a coordinating office

40. A home educational childcare coordinating office is a childcare centre permit holder or a non-profit legal person other than a day care centre permit holder, accredited by the Minister to exercise the functions described in section 42.

In exercising its functions, a coordinating office must act in a manner that is respectful of the self-employed-worker status of the home educational childcare providers it recognizes, in accordance with the directives and instructions of the Minister.

It must also, in collaboration with the home educational childcare providers in its territory and the associations representing them, strive to enhance the quality of home childcare services and promote the training and professional development of home educational childcare providers.

2005, c. 47, s. 40; 2009, c. 36, s. 78; 2022, c. 9, s. 97.

40.0.1. The Minister must ensure that the actions and practices of the coordinating offices accredited by the Minister are coherent.

To that end, the Minister may, by instruction, prescribe any procedure that a coordinating office must follow, any document it must use or any information it must provide.

2022, c. 9, s. 24.

40.0.2. At least once a year, the Minister must conduct or commission a study, investigation or survey involving all the persons recognized as home educational childcare providers to establish their level of satisfaction with regard to the practices of their home educational childcare coordinating office. The Minister may require the coordinating offices to participate in the assessment of their services, to provide the required information and documents and to fill out an assessment questionnaire.

2022, c. 9, s. 24.

40.1. Subject to section 40.2, to be accredited as a home educational childcare coordinating office, the legal person must have a board of directors that meets the following requirements:

(1)  it has at least five members;

(2)  the majority of members are parents who are clients of a home educational childcare provider operating in the office’s assigned territory;

(3)  one member is from the business sector or the institutional, social, education or community sector;

(4)  no more than one member is a home educational childcare provider operating in the office’s assigned territory;

(5)  no member is related to another member, to a staff member of the legal person or to a home educational childcare provider operating in the office’s assigned territory.

The following persons may not be members or directors of the legal person: day care centre permit holders and their directors and employees and any persons related to them.

The Minister may accredit as a coordinating office a legal person that meets the requirements of this section and section 43 and makes the proper application, or a legal person solicited by the Minister to assume such a role.

However, if the Minister considers that no legal person under consideration in a given territory meets the requirements of this section and section 43, the Minister may accredit any other non-profit legal person.

2009, c. 36, s. 78; 2022, c. 9, s. 97.

40.2. If a childcare centre permit holder is accredited as a home educational childcare coordinating office, the permit holder must, within six months of being accredited, change the composition of the board of directors so that

(1)  it has at least nine members;

(2)  at least 2/3 of the members are divided equally between parents who use the childcare provided by the childcare centre and parents who use the home childcare coordinated by the childcare centre; and

(3)  no more than one member is a home educational childcare provider recognized by the childcare centre.

2009, c. 36, s. 78; 2022, c. 9, s. 97.

41. Only a home educational childcare coordinating office accredited by the Minister may recognize a person as a home educational 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 educational childcare coordinating office”.

2005, c. 47, s. 41; 2022, c. 9, s. 97.

42. A home educational childcare coordinating office has the following functions in the territory assigned to it, in compliance with the instructions given by the Minister under the second paragraph of section 40.0.1:

(1)  to grant, renew, suspend or revoke the recognition of home educational childcare providers, according to the cases and conditions determined by law;

(2)  to ensure that the home educational childcare providers it has recognized comply with the standards that apply to them by law;

(3)  to distribute subsidized childcare spaces among recognized home educational childcare providers according to the childcare needs of parents and the instructions of the Minister;

(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, withdrawal or recovery of subsidies to recognized home educational childcare providers or of subsidies referred to in the third paragraph of section 96, and see to the signing and management of agreements proposed by the Minister and to the management of the documents and information necessary for the administration of subsidies;

(6)  to make information about home childcare services available to parents;

(6.1)  to conduct prospecting in the territory assigned to it in order to find and guide persons who could be interested in becoming home educational childcare providers;

(6.2)  to promote home childcare as a method of providing educational childcare services;

(7)  to provide technical and pedagogical support on request; and

(8)  to deal with complaints concerning recognized home educational childcare providers.

2005, c. 47, s. 42; 2009, c. 36, s. 79; 2022, c. 9, ss. 25 and 97.

42.1. A coordinating office and its directors and employees may not be prosecuted for an act or omission in good faith in the exercise of their functions.

2009, c. 36, s. 79.

§ 2 . — Terms and conditions of accreditation

43. In granting accreditation, the Minister is to consider, among other things, the following criteria:

(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; 2009, c. 36, s. 80.

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 or renewed for five years, or for a shorter period if the Minister considers it appropriate.

2005, c. 47, s. 45; 2009, c. 36, s. 81; 2022, c. 9, s. 26.

46. The Minister must publish and keep up to date, on the Minister’s department’s website, a list of all the accredited coordinating offices, indicating, for each office, the territory assigned to it and the term of the accreditation granted to it or renewed.

2005, c. 47, s. 46; 2022, c. 9, s. 27.

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

The Minister may also, on the Minister’s initiative, during the term of an accreditation, modify the accreditation to increase or decrease the number of spaces determined under section 44. In the case of a decrease, the terms set out in section 93.0.7 apply.

2005, c. 47, s. 47; 2022, c. 9, s. 28.

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, the terms of its accreditation or an instruction or directive given by the Minister;

(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 15 days to submit observations.

2005, c. 47, s. 49; 2009, c. 36, s. 82; 2022, c. 9, s. 76.

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 educational 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 educational childcare providers are deemed to have been recognized by the new coordinating office.

2005, c. 47, s. 51; 2022, c. 9, s. 97.

§ 4 . — Cessation of operations

2022, c. 9, s. 29.

51.1. A coordinating office must, at least 90 days before ceasing to operate, notify in writing the Minister and the home educational childcare providers recognized by it and comply with any other condition determined by regulation.

It must send a copy of the register referred to in section 59 to the Minister with that notice.

It must also, within 10 days of the Minister’s request, send the records it has established under this Act or the regulations as well as any modification made to the register referred to in the second paragraph to the Minister or to any person designated by the Minister.

The second and third paragraphs apply, with the necessary modifications, to a coordinating office whose accreditation is not renewed or is revoked by the Minister.

2022, c. 9, s. 29.

DIVISION II HOME EDUCATIONAL CHILDCARE PROVIDERS

2005, c. 47, Div. II; 2022, c. 9, s. 97.

52. A natural person who is an own-account self-employed worker who contracts with parents to provide childcare in a private residence, in return for payment,

(1)  to up to six children of whom not more than two are under the age of 18 months, or

(2)  to up to six children of whom not more than four are under the age of 18 months, if the person is assisted by another adult,

may be recognized as a home educational childcare provider by a coordinating office, according to the terms and conditions determined by regulation.

2005, c. 47, s. 52; 2009, c. 36, s. 83; 2021, c. 15, s. 98; 2022, c. 9, s. 97.

53. A natural person, other than a day care centre permit holder, who is an own-account self-employed worker who contracts with parents to provide childcare in a private residence, in return for payment, to at least seven but no more than nine children must be recognized as a home educational childcare provider by a coordinating office in the manner determined by regulation and must be assisted by another adult.

The person may not provide childcare to more than four children under the age of 18 months.

2005, c. 47, s. 53; 2009, c. 36, s. 84; 2021, c. 15, s. 99; 2022, c. 9, s. 97.

53.1. For the purpose of calculating the number of children to whom childcare may be provided according to sections 52 and 53, the home educational childcare provider must count, if they are present while the childcare is provided, the home educational childcare provider’s own children under nine years of age and, if applicable, those of the adult assistant as well as the children under nine who ordinarily live with them, except, during the school calendar, if they are admitted to preschool education services or elementary school instructional services within the meaning of the Education Act (chapter I-13.3) and are present, while the childcare is provided, only in the morning before school, at lunch time and in the afternoon after school.

If the childcare is provided on a day outside the school calendar, those same children must be counted, unless they participate, outside of the residence, in an activity beginning in the morning and continuing in the afternoon and they are present, while the childcare is provided, only during the times specified in the previous paragraph, with the necessary modifications.

2021, c. 15, s. 100; 2022, c. 9, s. 97.

54. A recognized home educational childcare provider makes a commitment toward parents to provide educational childcare services to their children in accordance with the law and to manage his or her business in such a way as to ensure the children’s health, safety and well-being.

A recognized home educational childcare provider who by obligation or choice takes on an adult as an assistant must do so in accordance with the law.

2005, c. 47, s. 54; 2009, c. 36, s. 85; 2022, c. 9, s. 97.

55. Recognition of a home educational childcare provider is granted for a five-year period, and may be renewed, suspended or revoked under the circumstances and conditions determined by regulation.

2005, c. 47, s. 55; 2022, c. 9, ss. 33 and 97.

56. (Repealed).

2005, c. 47, s. 56; 2009, c. 36, s. 86.

CHAPTER IV DOCUMENTS

57. Educational childcare providers and coordinating offices that receive subsidies must keep and preserve the books, accounts and registers required by the Minister, in the manner the Minister prescribes.

2005, c. 47, s. 57; 2022, c. 9, s. 97.

57.1. Educational childcare providers must keep an education record for each child to whom they provide childcare.

Among other things, education records include information concerning the child’s development, information allowing better early detection of any difficulties the child may encounter and information facilitating the child’s transition into the school system.

No information contained in the record may be communicated to a third party without the consent of the parent of the child concerned, except in the case of a home educational childcare coordinating office acting within the scope of its functions or an inspector authorized under section 72. The record is given to the parent when the childcare services are no longer required.

The Government determines, by regulation, the elements comprising the education record, the medium to be used and the standards for keeping, using, storing, reproducing and communicating the information it contains.

2017, c. 31, s. 11; 2022, c. 9, ss. 34 and 97.

58. Educational childcare providers must keep and preserve, in accordance with the regulations, a registration card and an attendance card for each child to whom they provide childcare.

2005, c. 47, s. 58; 2022, c. 9, s. 97.

59. A coordinating office must keep a register of the recognized home educational childcare providers in its territory and send a copy to the Minister.

The register must contain the name, social insurance number and contact information of each recognized home educational childcare provider along with, in each case, the date of recognition, the number of children to whom childcare is to be provided and the number of subsidized childcare spaces assigned.

The coordinating office must inform the Minister without delay of any changes in the information in the register, as they occur.

The Minister may, at any time, require a coordinating office to send an up-to-date copy of the register.

2005, c. 47, s. 59; 2009, c. 36, s. 87; 2015, c. 8, s. 160; 2022, c. 9, s. 97.

CHAPTER IV.1 SINGLE-WINDOW ACCESS TO CHILDCARE SERVICES

2017, c. 31, s. 12.

59.1. All educational childcare providers, other than those established on Aboriginal territory, must register with the single-window access to childcare services designated by the Minister, according to the terms and conditions determined by the Minister.

2017, c. 31, s. 12; 2022, c. 9, s. 97.

59.2. Educational childcare providers must use only the registrations entered in the single-window access to childcare services to fill their childcare service supply.

2017, c. 31, s. 12; 2022, c. 9, s. 97.

CHAPTER V REPORTS

60. The fiscal year of permit holders and coordinating offices ends on 31 March, unless another date is prescribed by another Act.

2005, c. 47, s. 60.

61. A permit holder or coordinating office that receives a subsidy under this Act must send to the Minister, not later than three months after the end of its fiscal year, a financial report for that fiscal year.

The report is to be audited if the subsidies granted during that fiscal year total $25,000 or more.

2005, c. 47, s. 61; 2009, c. 36, s. 88.

62. A permit holder or coordinating office that ceases to operate or whose permit or accreditation is revoked or not renewed must send to the Minister a financial report for the period that begins on the start-date of the current fiscal year and ends on the date operations cease or the permit or accreditation expires.

The report is to be audited if the subsidies granted during this period total $25,000 or more. The report must be submitted not later than three months after the cessation of operations or the notification of the Minister’s decision to revoke or not to renew the permit or accreditation.

2005, c. 47, s. 62; 2009, c. 36, s. 89.

63. Permit holders and coordinating offices must send an activities report to the Minister not later than 30 June of each year.

2005, c. 47, s. 63.

64. The financial report and the activities report must contain the information required by the Minister and must be sent in the prescribed form.

2005, c. 47, s. 64; 2009, c. 36, s. 90.

CHAPTER VI CONTROL MEASURES

DIVISION I NOTICE OF NON-COMPLIANCE

65. The Minister may issue a notice ordering that corrective measures be taken by

(1)  any person that does not comply with this Act;

(2)  a permit holder or coordinating office that acts or has acted contrary to the rules of sound management applicable to an organization receiving subsidies out of public funds; or

(3)  a childcare centre permit holder or coordinating office whose financial situation must be redressed.

This written notice must specify the corrective measures to be taken and the time granted for their implementation.

2005, c. 47, s. 65.

DIVISION II PROVISIONAL ADMINISTRATION

66. The Minister may designate a person to provisionally administer a childcare centre, day care centre or coordinating office

(1)  if its permit is suspended or revoked;

(2)  if the permit holder engages in practices or tolerates a situation likely to compromise the health, safety or well-being of the children to whom childcare is provided;

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

(4)  if the Minister has reasonable grounds to believe that the permit holder or accredited party is using subsidies for purposes other than those for which they were granted;

(5)  if an investigation into the management and operations of the permit holder or accredited party is conducted under section 80; or

(6)  if the board of directors of a childcare centre or coordinating office so requests or is unable to act.

The provisional administration must not last longer than 120 days; the Minister may grant an extension of not more than 90 days.

2005, c. 47, s. 66; 2009, c. 36, s. 91.

67. The provisional administration suspends the powers of the permit holder or accredited party.

2005, c. 47, s. 67.

68. A preliminary report of the provisional administrator’s findings, with recommendations, is filed with the Minister as soon as possible.

The Minister sends a copy of the report to the permit holder or accredited party and gives the permit holder or accredited party at least 15 days to submit observations.

2005, c. 47, s. 68; 2022, c. 9, s. 76.

69. If the preliminary report confirms the existence of a situation described in section 66, the Minister may

(1)  make retention of the permit or accreditation subject to restrictions the Minister judges appropriate, prescribe a time limit for correcting the situation and, if the time limit is not met, impose another period of provisional administration; or

(2)  order the provisional administrator to continue to administer the childcare centre, day care centre or coordinating office.

2005, c. 47, s. 69.

70. The provisional administrator submits a final report to the Minister upon ascertaining that the situation that gave rise to the provisional administration has been, or cannot be, corrected.

The costs, fees and expenses of the provisional administration are payable by the permit holder or accredited party concerned, unless the Minister decides otherwise.

2005, c. 47, s. 70.

71. The provisional administrator may not be prosecuted for any act done in good faith in the exercise of his or her functions.

2005, c. 47, s. 71.

DIVISION III INSPECTION

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

An inspector is an employee of the Minister. Before conducting an inspection, the inspector must identify himself or herself and, on request, show a certificate of authority signed by the Minister.

2005, c. 47, s. 72.

73. An inspector designated by the Minister may

(1)  at any reasonable time, enter any premises where he or she has reasonable grounds to believe that activities are carried on which require a permit, recognition or accreditation under this Act, for the purpose of verifying whether the Act is being complied with;

(2)  at any reasonable time, enter any premises where home childcare is provided, for the purpose of verifying whether the provisions of Chapter VII are being complied with;

(3)  inspect any premises and equipment covered by this Act, and take photographs or make recordings;

(4)  require that any document be communicated for examination or reproduction, if he or she has reasonable grounds to believe that it contains information relating to the application of this Act.

2005, c. 47, s. 73.

74. If an inspector discovers that a permit holder has failed to comply with a safety standard prescribed for a play area, play space or play equipment, he or she may issue a notice of non-compliance indicating the deficiencies observed and the time granted to correct them.

If the permit holder fails to comply with the notice, the Minister may order such work as is necessary at the permit holder’s expense or prohibit access to the premises or equipment until the situation is corrected.

2005, c. 47, s. 74.

75. If an inspector discovers that the state of a play space or area or of play equipment constitutes a hazard for children, he or she must order its immediate evacuation.

The permit holder may submit observations to the Minister within the time specified in the evacuation order.

The Minister may suspend or cancel the inspector’s decision.

2005, c. 47, s. 75.

76. An inspector may affix a seal to play equipment to which he or she has prohibited access.

No person may break a seal affixed by an inspector.

2005, c. 47, s. 76.

77. When the premises or the play equipment are no longer a hazard for children and comply with the standards prescribed by regulation, the Minister authorizes access to the premises or the equipment and the removal of any seals.

2005, c. 47, s. 77.

78. No person may hinder an inspector in the exercise of inspection functions, make misleading representations to an inspector or refuse to provide an inspector with the information or a document he or she has the right to obtain under this Act.

The person in charge of the premises being inspected and any other person present are required to assist the inspector. Likewise, the person holding information or having custody, possession or control of any document relating to the application of this Act must, at the inspector’s request, give the information or document to the inspector within a reasonable time and facilitate its examination.

2005, c. 47, s. 78; 2022, c. 9, s. 36.

78.1. An inspector may, by a formal demand delivered by any means that allows proof of receipt, require any person to communicate, by the same means, within a reasonable time specified by the inspector, information or documents relating to the application of this Act.

The person to whom the demand is made must comply with the demand within the specified time, whether or not the person has already communicated such information or such a document or a reply to a similar demand made under this Act.

2022, c. 9, s. 37.

79. An inspector may not be prosecuted for any act done in good faith in the exercise of inspection functions.

2005, c. 47, s. 79.

DIVISION IV INVESTIGATIONS

80. The Minister or any person designated by the Minister may investigate any matter relating to the application of this Act.

In the context of an investigation, the Minister and investigators are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

An investigator must, on request, identify himself or herself and show a certificate of authority signed by the Minister.

2005, c. 47, s. 80.

81. An investigator may send a summons by any means of communication that allows proof of receipt.

2005, c. 47, s. 81; 2022, c. 9, s. 38.

81.0.1. No person may hinder an investigator in the exercise of investigation functions, make misleading representations to an investigator or refuse to provide an investigator with the information or a document he or she has the right to obtain under this Act.

2022, c. 9, s. 39.

81.0.2. An investigator may not be prosecuted for any act done in good faith in the exercise of investigation functions.

2022, c. 9, s. 39.

DIVISION V ORDERS

2010, c. 39, s. 8.

81.1. If a statement of offence is served on a person who offers or provides childcare services in contravention of section 6, the Minister or a person authorized by the Minister must, if of the opinion that the health or safety of the children may have been or could be compromised, issue an order prohibiting the person concerned from offering or providing childcare under conditions that could compromise the health or safety of the children.

2010, c. 39, s. 8.

81.2. On issuing the order, the Minister or the person authorized by the Minister must notify it to the person concerned and inform the person of his or her right to contest it before the Administrative Tribunal of Québec within 60 days.

2010, c. 39, s. 8.

CHAPTER VII PARENTAL CONTRIBUTION AND SUBSIDIES

DIVISION I CONTRIBUTIONS

§ 1 . —

Repealed, 2020, c. 5, s. 1.

2015, c. 8, s. 161; 2020, c. 5, s. 1.

81.3. (Repealed).

2015, c. 8, s. 161; 2020, c. 5, s. 1.

§ 2 . —

Heading repealed, 2020, c. 5, s. 2.

2015, c. 8, s. 161; 2020, c. 5, s. 2.

82. The Government may, by regulation, set the amount of the contribution to be paid by a parent for childcare services for which the educational childcare provider is subsidized.

The Government may also, by regulation, set the indexing method applicable to the amount of such a contribution.

In all other cases, the educational childcare provider sets the amount of the parental contribution for the childcare services provided.

2005, c. 47, s. 82; 2015, c. 8, s. 162; 2020, c. 5, s. 3; 2022, c. 9, s. 97.

83. A subsidized educational childcare provider must provide educational childcare services according to the age group of the children and in accordance with the type of services and the period, duration and core hours prescribed by regulation.

Childcare services include the services determined by regulation as well as any organized activities, any materials and any other services provided to children while they are in childcare, unless specifically exempted by regulation.

2005, c. 47, s. 83; 2009, c. 36, s. 92; 2015, c. 8, s. 163; 2022, c. 9, s. 97.

83.1. For the purposes of paragraphs e and f of section 190 and section 191 of the Consumer Protection Act (chapter P-40.1), when the amount of the contribution is raised or indexed, the total amount to be paid and the rate stated in the childcare agreement referred to in the second paragraph of section 92 are revised accordingly by operation of law.

2015, c. 8, s. 164; 2020, c. 5, s. 11.

84. The Government may, by regulation, determine conditions of payment of the parental contribution for a day or half day of childcare, and cases in which full or partial exemption from the contribution is granted for the services determined by the Government.

2005, c. 47, s. 84; 2015, c. 8, s. 165; 2020, c. 5, s. 11.

85. A parent pays the contribution or is fully or partially exempted from paying it on condition that a subsidy has been granted to the educational childcare provider for the childcare space requested by the parent.

2005, c. 47, s. 85; 2015, c. 8, s. 166; 2020, c. 5, s. 11; 2022, c. 9, s. 97.

86. A subsidized educational childcare provider may not request or receive, directly or indirectly,

(1)  any contribution from a parent who has been exempted from paying it; or

(2)  any extra contribution or fees other than those determined under sections 82 and 92 for the services that are prescribed by regulation or provided for in a subsidy agreement.

Nor may a subsidized educational childcare provider request or receive, directly or indirectly, any administration, registration or management fees with respect to subsidized services, or any fees for putting a person on a waiting list to obtain a subsidized childcare space.

Moreover, a subsidized educational childcare provider may not make a child’s admission subject to the payment by the parent of a higher contribution than that set by regulation or of any amount in addition to the set contribution. Nor may a subsidized educational childcare provider refuse to admit a child because the parent refuses to pay such a contribution or amount.

Except to the extent provided by regulation, a subsidized educational childcare provider may not tolerate or permit a situation in which a child who occupies a subsidized childcare space is given additional goods or services for which any form of service or contribution is to be required directly or indirectly from the parent.

2005, c. 47, s. 86; 2009, c. 36, s. 93; 2015, c. 8, s. 167; 2020, c. 5, s. 4; 2022, c. 9, s. 97.

86.1. No person may directly or indirectly induce a parent to pay more than the contribution set by regulation or to pay such a contribution the parent is exempted from paying.

2009, c. 36, s. 93; 2015, c. 8, s. 168; 2020, c. 5, s. 5.

87. A parent who believes he or she has been wronged by the decision of a permit holder or home educational childcare coordinating office regarding the parent’s eligibility for payment of the contribution set by regulation or for an exemption may apply to the Minister for a review of the decision.

The application must be made in writing within 90 days after the day on which the parent is notified of the decision, and must contain a brief summary of the grounds for the review.

The Minister may grant an extension if the parent can show that he or she was unable, for serious and valid reasons, to act sooner.

2005, c. 47, s. 87; 2015, c. 8, s. 169; 2020, c. 5, s. 11; 2022, c. 9, s. 97.

88. Within 30 days after receiving the application, the Minister sends a written decision, with reasons, to the parent and educational childcare provider concerned.

2005, c. 47, s. 88; 2022, c. 9, s. 97.

§ 3 . —

Repealed, 2020, c. 5, s. 6.

2015, c. 8, s. 170; 2020, c. 5, s. 6.

I.  — 

Repealed, 2020, c. 5, s. 6.

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.1. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.1.0.1. (Repealed).

2017, c. 1, s. 443; 2020, c. 5, s. 6.

88.1.1. (Repealed).

2015, c. 36, s. 200; 2020, c. 5, s. 6.

II.  — 

Repealed, 2020, c. 5, s. 6.

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.2. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.3. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.4. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.5. (Repealed).

2015, c. 8, s. 170; 2019, c. 14, s. 531; 2020, c. 5, s. 6.

88.6. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.7. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.8. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.9. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.10. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

III.  — 

Repealed, 2020, c. 5, s. 6.

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.11. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.12. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.13. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

88.14. (Repealed).

2015, c. 8, s. 170; 2020, c. 5, s. 6.

DIVISION II SUBSIDIES

89. The Minister may, according to the conditions and priorities the Minister determines, grant a subsidy

(1)  to a childcare centre permit applicant, for the establishment of such a centre;

(1.1)  to an applicant for recognition as a home educational childcare provider, for the establishment of home childcare; or

(2)  to a childcare centre permit holder or a home educational childcare coordinating office, for funding purposes.

2005, c. 47, s. 89; 2022, c. 9, ss. 40 and 97.

90. The Minister may, according to the conditions and priorities the Minister determines, subsidize educational childcare providers for the provision of childcare services for which the contribution payable is set by the Government. The amount of such subsidies may vary depending on whether the educational childcare provider is a childcare centre permit holder, day care centre permit holder or home educational childcare provider.

Such childcare is intended for children referred to in the first paragraph of section 2.

Home educational childcare providers may not receive a subsidy for the childcare they provide, within their childcare operation, to their own children or to children who ordinarily live with them. Nor may they receive a subsidy for childcare provided to their assistants’ children or to children who ordinarily live with their assistants, if the services are provided at the children’s residence.

2005, c. 47, s. 90; 2015, c. 8, s. 171; 2020, c. 5, s. 11; 2022, c. 9, s. 97; 2022, c. 9, s. 41.

90.1. In order to foster social cohesion and facilitate the integration of children without regard to social or ethnic origin or religious affiliation, subsidized educational childcare providers must ensure that

(1)  children’s admission is not related to their learning a specific religious belief, dogma or practice;

(2)  the objective of educational activities and communication is not to teach such a belief, dogma or practice; and

(3)  a repeated activity or practice stemming from a religious precept is not authorized if its aim, through words or actions, is to teach children a specific religious belief, dogma or practice.

However, the purpose of the first paragraph is not to prevent

(1)  a special cultural event linked to a celebration with a religious connotation or a celebration originating from a religious tradition;

(2)  a diet based on a religious precept or a tradition;

(3)  the establishment of a program of activities to reflect the diversity of cultural and religious realities; and

(4)  participation in an activity whose theme is inspired by a custom.

The Minister may, by a directive to subsidized educational childcare providers and home educational childcare coordinating offices, prescribe special terms to govern the application and implementation of this section.

2017, c. 19, s. 20; 2022, c. 9, s. 97.

91. The Minister may, according to the conditions and priorities the Minister determines, grant a subsidy to any person, partnership or association in order to facilitate or support the development or improvement of childcare services, to meet specific childcare needs or to foster experimentation or innovation in the field of childcare.

2005, c. 47, s. 91; 2022, c. 9, s. 42.

92. The Minister may, according to the conditions the Minister determines, enter into a subsidy agreement with a permit applicant or educational childcare provider.

In such a subsidy agreement, the Minister may determine the form, content, required elements and any other mandatory clause of a childcare agreement between the educational childcare provider and the parent of a child who occupies a subsidized childcare space, and may also determine the terms of renewal of such an agreement. However, the childcare agreement may not, when intended for a home educational childcare provider, contravene the provisions of a group agreement under the Act respecting the representation of certain home educational childcare providers and the negotiation process for their group agreements (chapter R-24.0.1).

The Minister may also determine terms for the provision of services and the amount of any fee or any other extra contribution that may be requested or received by a subsidized educational childcare provider for certain specific goods and services exempted by regulation or for any additional childcare services provided to a child who occupies a subsidized childcare space.

2005, c. 47, s. 92; 2009, c. 36, s. 94; 2015, c. 8, s. 172; 2022, c. 9, s. 97.

93. The total number of subsidized childcare spaces corresponds to the total number of spaces authorized under the permits for all childcare centres and daycare centres that have entered into a subsidy agreement with the Minister as well as under the accreditations of all the home educational childcare coordinating offices.

2005, c. 47, s. 93; 2010, c. 39, s. 9; 2017, c. 31, s. 13; 2022, c. 9, s. 97; 2022, c. 9, s. 43.

93.0.1. When the Minister intends to assign new subsidized childcare spaces to permit applicants or permit holders, the Minister issues an invitation to submit a project to create such spaces for part or all of Québec.

Such an invitation is first addressed to childcare centre permit applicants or permit holders. If no project is submitted by them or is selected, the invitation may then be addressed to any other permit applicant or permit holder.

The invitation sets out the terms and conditions the project must comply with and the categories of permit applicants or permit holders for which the invitation is intended, if applicable. It may also specify the participation of the Minister in the financing or planning of the construction project as well as that of any person designated by the Minister, in particular in the planning, management or control of the development or construction project or in the supply of a facility.

Following the invitation, the Minister selects one or more projects from among those that meet the conditions of the invitation and then allocates the places among the permit applicants or permit holders whose project has been selected.

Before allocating spaces within an Aboriginal community, the Minister consults the community concerned or, if applicable, the person or body designated by the community to represent it in such matters.

2022, c. 9, s. 43.

93.0.2. When the Minister intends to assign new subsidized childcare spaces to a home educational childcare coordinating office for it to distribute the spaces, the Minister modifies the coordinating office’s accreditation in accordance with subdivision 2 of Division I of Chapter III of the Act.

2022, c. 9, s. 43.

93.0.3. The Minister must take measures to ensure that the educational childcare service supply in each territory meets the demand for such services. Accordingly, when the Minister finds, at the conclusion of the process set out in section 11.2, that the Minister’s projected service supply in a given territory does not meet the demand, the Minister issues, within six months of that finding, an invitation in accordance with section 93.0.1.

2022, c. 9, s. 43.

93.0.4. Where the subsidized childcare spaces assigned to a permit applicant or a permit holder are not made available within the time determined by the Minister, the Minister may recover the spaces in order to reallocate or cancel them.

The same is true where such a childcare space becomes unoccupied otherwise than in the situation provided for in section 93.0.8.

Before recovering or cancelling childcare spaces in accordance with this section, the Minister must notify the permit applicant or permit holder in writing and give the applicant or holder at least 15 days to submit observations. The Minister’s decision, with reasons, is then communicated in writing.

2022, c. 9, s. 43.

93.0.5. Where a permit applicant or permit holder delays or neglects, or experiences significant difficulties in, completing construction or development work for which subsidies have been granted, the Minister may, in addition to any other action the Minister may take or any right the Minister may have, propose the participation of any person designated by the Minister in order to complete the required work.

2022, c. 9, s. 43.

93.0.6. A coordinating office may reallocate a childcare space assigned to a home educational childcare provider if it becomes unoccupied.

2022, c. 9, s. 43.

93.0.7. Where a home coordinating office fails to make available the childcare spaces that have been allocated to it, the Minister may recover those spaces in order to reallocate them in accordance with section 93.0.1 or section 93.0.2 or to cancel them.

Where the Minister intends to decrease the number of spaces granted to a coordinating office without the latter having consented to it, the Minister must notify the coordinating office in writing and give it at least 15 days to submit observations. After the expiry of that period, the Minister renders a decision in writing, with reasons.

2022, c. 9, s. 43.

93.0.8. Where a permit holder ceases to operate in one or more facilities, the Minister recovers, if applicable, the subsidized childcare spaces that were assigned to it. Despite sections 11.2 and 93.0.1, the Minister may then assign such spaces or reallocate the spaces recovered to the childcare centre permit holder or permit applicant best able to ensure the continuity of childcare provided in the territory served, while granting attendance priority to the children affected by the cessation of operations.

Where no childcare centre permit holder or permit applicant is able to ensure that services are maintained to the Minister’s satisfaction, the authorization may be granted to a day care permit applicant or permit holder.

2022, c. 9, s. 43.

93.0.9. When allocating subsidized childcare spaces to permit applicants or permit holders, the Minister makes public, on the Minister’s department’s website, the criteria used to assess the projects and allocate the spaces as well as the decisions rendered concerning the projects accepted.

2022, c. 9, s. 43.

93.1. In no case may a person who holds two or more day care centre permits or related persons who hold two or more day care centre permits be allocated more than 500 subsidized childcare spaces.

2010, c. 39, s. 10; 2022, c. 9, s. 44.

93.2. In no case may the same person, or related persons, hold more than five day care centre permits for the delivery of subsidized childcare.

2010, c. 39, s. 10.

93.3. For the purposes of sections 93.1 and 93.2, the persons referred to in subparagraph a of paragraph 2 of section 3 are considered related to one another if one directly or indirectly participates with the other in the operation or management of a day care centre delivering subsidized childcare.

2014, c. 8, s. 2.

93.4. A day care permit applicant or holder who files an application with the Minister to obtain subsidized childcare spaces or to enter into a subsidy agreement must send the Minister, in the form determined by the Minister, the name and contact information of any permit applicant or holder with whom the day care permit applicant or holder is related within the meaning of paragraph 2 of section 3 or a declaration attesting to the absence of ties described in that paragraph.

2014, c. 8, s. 2.

93.5. A day care permit applicant or holder to whom subsidized childcare spaces have been granted must inform the Minister without delay of any change in the applicant’s or holder’s circumstances that could call into question the applicant’s or holder’s entitlement to a subsidy under the law or the subsidy agreement entered into with the Minister.

2014, c. 8, s. 2.

93.6. The Minister may require from the persons described in section 93.4 or a person with whom the Minister has entered into a subsidy agreement any document or information necessary to ascertain the existence or absence of ties described in paragraph 2 of section 3.

2014, c. 8, s. 2.

93.7. For the purposes of sections 93.1 and 93.2, a day care permit applicant or holder who is dissatisfied with a decision with regard to the concept of related person may, within seven days after notification of the decision, apply in writing for its review.

2014, c. 8, s. 2.

93.8. The Minister designates the persons responsible for reviewing decisions with regard to the concept of related person. The persons designated must not come under the same administrative authority as the person who rendered the decision under review.

2014, c. 8, s. 2.

93.9. After giving the person concerned an opportunity to submit observations and produce documents to complete the record, the person responsible for reviewing the decision renders a decision on the basis of the record. The person may confirm, quash or vary the decision under review.

2014, c. 8, s. 2.

93.10. The application for review must be dealt with promptly. The review decision must be rendered within 15 days after receipt of the application or, as applicable, after the expiry of the time requested by the applicant to submit observations or produce documents.

2014, c. 8, s. 2.

93.11. The review decision must be written in clear and concise terms, with reasons given, and be notified to the applicant.

2014, c. 8, s. 2.

94. (Repealed).

2005, c. 47, s. 94; 2010, c. 39, s. 11; 2017, c. 31, s. 14; 2022, c. 9, s. 97; 2022, c. 9, s. 45.

94.1. A day care permit applicant who is a legal person having obtained the authorization of the Minister to develop subsidized childcare spaces may not, except for exceptional reasons and with the Minister’s authorization, enter into an agreement concerning the sale or transfer of all or some of the legal person’s shares to a new shareholder or concerning the amalgamation, consolidation or merging of the legal person with another legal person before the issue of its permit.

A person who acts for a third party or for a legal person before it is constituted may not obtain the authorization of the Minister to develop subsidized childcare spaces.

2010, c. 39, s. 12.

94.2. (Repealed).

2010, c. 39, s. 13; 2017, c. 31, s. 15; 2022, c. 9, s. 45.

95. An educational childcare provider may not provide childcare to both children benefiting from subsidized childcare spaces and others not occupying subsidized childcare spaces.

2005, c. 47, s. 95; 2022, c. 9, s. 97; 2022, c. 9, s. 46.

96. A subsidy granted to a home educational childcare provider may be paid by the Minister to the coordinating office.

The coordinating office must remit the subsidy to the home educational childcare provider within 15 days following the provision of the childcare services.

The Minister may also pay a subsidy referred to in paragraph 1.1 of section 89 to a coordinating office for it to redistribute according to the terms and conditions determined by the Minister.

2005, c. 47, s. 96; 2022, c. 9, ss. 47 and 97.

97. The Minister may cancel or reduce a subsidy or suspend payment in whole or in part if the recipient

(1)  is not entitled to the subsidy;

(1.1)  makes a false declaration or distorts a material fact when applying for subsidized childcare spaces or entering into a subsidy agreement;

(2)  refuses or neglects to comply with the subsidy agreement;

(2.1)  refuses or neglects to inform the Minister of any change in the recipient’s circumstances that could call into question the recipient’s entitlement to a subsidy under the law or under the subsidy agreement entered into with the Minister;

(2.2)  refuses or neglects to provide any document or information required by the Minister under section 93.6;

(3)  refuses or neglects to comply with sections 57 to 65;

(4)  refuses or neglects to pay an amount due to the Minister under this Act;

(5)  acts contrary to the rules of sound management applicable to an organization receiving subsidies out of public funds, or uses such subsidies for purposes other than those for which they were granted;

(6)  files a financial report containing a qualification or reasons for a denial of opinion, and the Minister judges that corrective measures must be taken;

(7)  contravenes section 86 or 86.1;

(8)  refuses or neglects to establish or comply with a recovery plan under section 98; or

(9)  refuses or neglects to comply with section 90.1 or a directive given by the Minister under that section.

If a non-compliance notice has not already been issued to the subsidy recipient, the Minister, before applying a measure provided for in the first paragraph, gives the recipient at least 15 days to submit observations.

2005, c. 47, s. 97; 2009, c. 36, s. 95; 2014, c. 8, s. 3; 2017, c. 19, s. 21; 2022, c. 9, s. 76.

98. In a case described in subparagraph 5 or 6 of the first paragraph of section 97, the Minister may, before cancelling, reducing or suspending a subsidy, establish, in cooperation with a permit holder or a coordinating office and within the time determined by the Minister, a recovery plan to correct the situation.

The plan may include recommendations regarding the management of human, financial or physical resources and provide for the presence, for a specified time, of a person designated by the Minister to assist in carrying out the plan.

2005, c. 47, s. 98.

99. The recipient of a subsidy must, for a period of six years, keep all supporting documents related to the granting and use of the subsidy, and must allow the Minister to audit such documents at any time.

2005, c. 47, s. 99.

100. Any subsidy received without entitlement must be repaid to the Minister by the recipient.

Any amount due is subject to interest at the rate determined under section 28 of the Tax Administration Act (chapter A-6.002), and may be deducted from any future subsidies.

2005, c. 47, s. 100; 2010, c. 31, s. 175.

101. When a childcare centre permit holder or a home educational childcare coordinating office ceases to operate, is dissolved, or has its permit or accreditation revoked, the assets it acquired out of subsidies are transferred to a non-profit legal person with similar objects designated by the Minister.

2005, c. 47, s. 101; 2022, c. 9, s. 97.

DIVISION III

Repealed, 2017, c. 31, s. 16.

2010, c. 39, s. 14; 2017, c. 31, s. 16.

101.1. (Repealed).

2010, c. 39, s. 14; 2017, c. 31, s. 16.

101.2. (Repealed).

2010, c. 39, s. 14; 2015, c. 8, s. 267; 2017, c. 31, s. 16.

CHAPTER VII.1 ADMINISTRATIVE PENALTIES

2010, c. 39, s. 14.

101.3. A person designated by the Minister for that purpose may impose an administrative penalty on a permit holder or a recognized home educational childcare provider after ascertaining that the permit holder or recognized home educational childcare provider has failed to comply with any of the provisions of sections 78, 81.0.1, 86 and 86.1.

The designated person may also impose an administrative penalty after ascertaining that a permit holder has failed to comply with a non-compliance notice given under section 65 with respect to the contravention of section 2.2, the first and fifth paragraphs of section 5.1 or any of sections 13, 13.1, 14, 16, 20, 59.1, 59.2 and 59.6, the first paragraph of section 59.9 and sections 59.10, 59.12, 95 and 102.

The amount of the administrative penalty is $750 in the case of a natural person and $1,500 in other cases.

2010, c. 39, s. 14; 2017, c. 31, s. 17; 2022, c. 9, s. 97; 2022, c. 9, s. 49.

The addition, in the second paragraph, of “and fifth”, “, 13.1” and “and 59.6, the first paragraph of section 59.9 and sections 59.10, 59.12” and the striking out of “59.1” will come into force on the date to be fixed by order of the Government (See 2022, c. 9, s. 108).

101.4. The Government may provide, in a regulation under this Act, that a failure to comply with a provision of the regulation may result in an administrative penalty being imposed by the person designated by the Minister. Such a regulation may also specify, or give the calculation methods to be used to determine, the amount of the administrative penalty, which may vary according to the degree to which standards have been infringed.

The amount of such an administrative penalty may not exceed the amount set out in section 101.3.

2010, c. 39, s. 14.

101.5. If a failure to comply for which an administrative penalty is imposed continues for more than one day, it constitutes a new failure to comply for each day it continues.

2010, c. 39, s. 14.

101.6. The administrative penalty imposed on a person may not be in addition to penal proceedings instituted against the person for a contravention of the same provision and on the basis of the same facts.

2010, c. 39, s. 14.

101.7. The imposition of an administrative penalty is prescribed one year after the date of the failure to comply.

2010, c. 39, s. 14.

101.8. The person designated by the Minister imposes an administrative penalty on a person by notification of a notice stating the amount of the administrative penalty, the reasons it is imposed, and the right of the party concerned to have the matter reviewed by the Minister and, subsequently, to contest the matter before the Administrative Tribunal of Québec. The notice must also include information on the procedure for recovery of the amount owing, in particular with regard to a possible deduction from any future subsidies in accordance with section 100 or to the issue of a recovery certificate under section 101.15 and its effects.

The amount owing bears interest at the rate determined under section 28 of the Tax Administration Act (chapter A-6.002), from the 30th day after notification of the notice.

Prescription is interrupted as of the date of notification of the notice.

2010, c. 39, s. 14; 2010, c. 31, s. 175.

101.9. The person concerned may apply for a review of the decision, in writing, within 30 days after notification of the notice.

2010, c. 39, s. 14.

101.10. The Minister designates the persons responsible for reviewing decisions with regard to the imposition of administrative penalties. They must not come under the same administrative authority as the person imposing administrative penalties.

2010, c. 39, s. 14.

101.11. After giving the person concerned an opportunity to submit observations and produce documents to complete the record, the person responsible for reviewing the decision renders a decision on the basis of the record. The person may confirm, quash or vary the decision under review.

2010, c. 39, s. 14.

101.12. The application for review must be dealt with promptly. If the review decision is not rendered within 30 days after receipt of the application or, as applicable, of the expiry of the time requested by the applicant to submit observations or produce documents, any interest on the administrative penalty is suspended pending the decision.

2010, c. 39, s. 14.

101.13. The review decision must be written in clear and concise terms, with reasons given, must be notified to the applicant and must state that the applicant may contest the decision before the Administrative Tribunal of Québec.

2010, c. 39, s. 14.

101.14. The Minister may enter into an agreement with the person for payment of the amount owing as an administrative penalty. Such an agreement, or the payment of an amount owing, does not constitute, for the purpose of penal proceedings, a recognition of the facts giving rise to it.

2010, c. 39, s. 14.

101.15. If the administrative penalty is not paid or the agreement entered into for payment of the administrative penalty is not adhered to, the Minister may, at the expiry of the time for applying for a review of the decision, of the time for contesting the review decision before the Administrative Tribunal of Québec or of 30 days after the decision of the Tribunal confirming all or part of the Minister’s decision, either issue a recovery certificate or make a deduction from any future subsidies in accordance with section 100.

However, a recovery certificate may be issued or a deduction made before the expiry of the time referred to in the first paragraph if the Minister believes that the debtor is attempting to evade payment.

A recovery certificate must state the debtor’s name and address and the amount of the debt.

2010, c. 39, s. 14.

101.16. Once a recovery certificate has been issued, any refund owed to a debtor by the Minister of Revenue may, in accordance with section 31 of the Tax Administration Act (chapter A-6.002), be withheld for payment of the amount due shown on the certificate.

The withholding of a refund under the first paragraph interrupts prescription.

2010, c. 39, s. 14; 2010, c. 31, s. 175.

101.17. On the filing of the recovery certificate at the office of the competent court, together with a copy of the final decision stating the amount of the debt, the decision becomes enforceable as if it were a final judgment of that court not subject to appeal, and has all the effects of such a judgment.

2010, c. 39, s. 14.

101.18. The debtor is required to pay a recovery charge in the cases, under the conditions and in the amount determined by government regulation.

2010, c. 39, s. 14.

101.19. The Minister may, by agreement, delegate to another department or body all or some of the powers relating to the recovery of administrative penalties owing to the Minister under this Act or the regulations.

2010, c. 39, s. 14.

101.20. The Minister keeps a register concerning the administrative penalties imposed on persons under this Act or the regulations.

The register must contain the following information:

(1)  the date the administrative penalty was imposed;

(2)  the nature of the failure for which the administrative penalty was imposed, and the date and place it occurred and, if applicable, the name of the facility;

(3)  if the offender is a legal person, the person’s name and address;

(4)  if the offender is a natural person, the person’s name and the name of the municipality in whose territory the person resides;

(5)  the amount of the administrative penalty; and

(6)  any other information the Minister considers to be of public interest.

The information contained in the register is public information. However, it may not be made public until the expiry of the time for applying for a review of the decision, of the time for contesting the review decision before the Administrative Tribunal of Québec, or of 30 days after the final decision of the Tribunal confirming all or part of the review decision, as applicable.

2010, c. 39, s. 14.

CHAPTER VII.2 DISCLOSURE OF WRONGDOINGS AND PROTECTION AGAINST REPRISALS

2016, c. 34, s. 48.

DIVISION I DISCLOSURE

2016, c. 34, s. 48.

101.21. Any person may, at any time, contact the Minister to disclose information that could show that a wrongdoing, within the meaning of section 4 of the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1), has been committed or is about to be committed in relation to a permit holder delivering subsidized childcare or a home educational childcare coordinating office.

Wrongdoings include, in particular, acts committed or about to be committed by a staff member, director or shareholder of a day care permit holder delivering subsidized childcare or by a home educational childcare coordinating office in the exercise of his, her or its functions and those committed by any other person, partnership, group or other entity in the course of the tendering or awarding process for, or the performance of, a contract of such a permit holder or coordinating office, including a grant of financial assistance.

A disclosure may be made anonymously or not.

2016, c. 34, s. 48; 2017, c. 27, s. 209; 2022, c. 9, s. 97.

101.22. A person making a disclosure or cooperating in an inspection or investigation conducted on the basis of a disclosure may communicate, in accordance with this Act, any information that could show that a wrongdoing has been committed or is about to be committed.

The first paragraph applies despite the provisions on the communication of information in the Act respecting the protection of personal information in the private sector (chapter P‑39.1). It also applies despite any other communication restrictions under a law and any duty of confidentiality or loyalty that may be binding on the person, including toward an employer or, if applicable, a client.

However, the lifting of professional secrecy authorized under this section does not apply to professional secrecy between a lawyer or a notary and a client.

2016, c. 34, s. 48.

101.23. Any person may contact the Minister to obtain information about the possibility of making a disclosure in accordance with this chapter or to obtain advice on the procedure for making a disclosure.

2016, c. 34, s. 48.

DIVISION II FOLLOW-UP OF DISCLOSURES BY THE MINISTER

2016, c. 34, s. 48.

101.24. A disclosure of wrongdoing is made to the Minister and diligently processed in accordance with the procedure the Minister determines. The procedure must, among other things,

(1)  provide for a written notice of receipt of the disclosed information to be sent to the person who made the disclosure, if that person’s identity is known;

(2)  specify the manner in which a disclosure is to be filed;

(3)  determine the time limits for processing a disclosure;

(4)  state that any person may disclose information to the Public Protector or the Minister;

(5)  subject to section 101.28, include all necessary measures to ensure that the identity of the person who makes a disclosure or cooperates in an inspection or investigation conducted on the basis of a disclosure remains confidential;

(6)  include measures to protect the rights of the persons involved in a disclosure, in particular during an inspection or investigation; and

(7)  state the protection provided for by Division III of this chapter against reprisals and the time limit for exercising a recourse against a practice prohibited by subparagraph 11 of the first paragraph of section 122 of the Act respecting labour standards (chapter N-1.1).

For the purposes of subparagraph 3 of the first paragraph, the procedure must provide that the person who made the disclosure, if that person’s identity is known, is notified as soon as the processing of the disclosure has been completed. The Minister notifies the person who made the disclosure if its processing must continue beyond 60 days after the date on which it was received. The Minister must subsequently notify the person, every 90 days, that the processing of the disclosure is ongoing, until the Minister puts an end to it. The Minister sends such notices in writing.

The Minister sees to the dissemination of the procedure.

2016, c. 34, s. 48.

101.25. If the Minister receives a disclosure or has reasonable grounds to believe that a wrongdoing has been committed or is about to be committed, the Minister designates any person referred to in section 72 or 80 to conduct, as the case may be, the inspections or investigations the Minister considers appropriate.

2016, c. 34, s. 48.

101.26. Any person designated under section 101.25 is bound to confidentiality in exercising the functions of office and must, among other things, take the necessary measures to ensure that any information communicated to him or her, including the identity of the person who made the disclosure, remains confidential.

Despite sections 9, 83 and 89 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no one may have access to or rectify information communicated to the Minister.

2016, c. 34, s. 48.

101.27. At any time, the Minister must put an end to the processing of a disclosure if the alleged wrongdoing is the subject of court proceedings or relates to a decision rendered by a court.

In addition, the Minister puts an end to the examination of a disclosure if of the opinion, in particular,

(1)  that the subject-matter of the disclosure does not fall within the Minister’s mandate;

(2)  that the disclosure is made for personal purposes and not in the public interest;

(3)  that the subject-matter of the disclosure questions the merits of the policies and program objectives of the Government; or

(4)  that the disclosure is frivolous.

When putting an end to the processing or examination of a disclosure, the Minister sends a notice, with reasons, to the person who made the disclosure, if the person’s identity is known.

2016, c. 34, s. 48.

101.28. If the Minister considers that information disclosed to the Minister may be disclosed under section 26 of the Anti-Corruption Act (chapter L‑6.1), the Minister forwards the information, as soon as possible, to the Anti-Corruption Commissioner. The Minister also forwards the information necessary to prosecute an offence under an Act to a body responsible for the prevention, detection or repression of crime or statutory offences, including a police force or a professional order.

The Minister puts an end to the examination or processing of the disclosure, or continues it, according to the terms agreed to with the body to which the Minister has forwarded the information.

If the Minister considers it appropriate, the Minister notifies the person who made the disclosure that the information has been forwarded.

2016, c. 34, s. 48.

101.29. Once the inspection or investigation has been concluded, the Minister may take any measure provided for in this Act that the Minister considers appropriate against the permit holder or home educational childcare coordinating office.

If the Minister considers it appropriate, the Minister may inform the person who made the disclosure of any follow-up given to the disclosure.

2016, c. 34, s. 48; 2022, c. 9, s. 97.

101.30. The Minister includes, in the annual management report referred to in section 11 of the Act respecting the Ministère de la Famille, des Aînés et de la Condition féminine (chapter M-17.2),

(1)  the number of disclosures received;

(2)  the number of disclosures whose processing or examination was ended under section 101.27;

(3)  the number of undertaken, ongoing or concluded investigations;

(4)  the number of well-founded disclosures, including those entailing corrective measures;

(5)  the number of disclosures under section 101.21, broken down according to the categories of wrongdoings set out in section 4 of the Act to facilitate the disclosure of wrongdoings relating to public bodies (chapter D-11.1); and

(6)  the number of times information was forwarded under the first paragraph of section 101.28.

The Minister must also report on whether the time limits for the processing of disclosures were complied with.

2016, c. 34, s. 48.

DIVISION III PROTECTION AGAINST REPRISALS

2016, c. 34, s. 48.

101.31. It is forbidden to take a reprisal against a person on the ground that the person has, in good faith, made a disclosure or cooperated in an inspection or investigation conducted on the basis of a disclosure.

It is also forbidden to threaten to take a reprisal against a person so that the person will abstain from making a disclosure or cooperating in an inspection or investigation conducted on the basis of a disclosure.

2016, c. 34, s. 48.

101.32. The following is presumed to be a reprisal within the meaning of section 101.31:

(1)  the demotion, suspension, dismissal or transfer of a person referred to in that section or any other disciplinary measure or measure that adversely affects such a person’s employment or conditions of employment; or

(2)  if such a person is the parent of a child attending a childcare centre or a day care centre delivering subsidized childcare, depriving the person of any right or subjecting the person to differential treatment or suspending or expelling the person’s child.

2016, c. 34, s. 48.

101.33. Any person who believes a reprisal referred to in section 101.31 has been taken against him or her may file a complaint with the Minister in order to have the Minister examine whether the complaint is well-founded and take, if applicable, any measure provided for by this Act that the Minister considers appropriate in relation to the permit holder or home educational childcare coordinating office concerned. Sections 101.25 to 101.29 apply to the follow-up of such complaints, with the necessary modifications.

However, if the reprisal a person believes has been taken against him or her constitutes a practice prohibited by subparagraph 11 of the first paragraph of section 122 of the Act respecting labour standards (chapter N-1.1), the Minister refers that person to the Commission des normes, de l’équité, de la santé et de la sécurité du travail and puts an end to the examination of the complaint.

2016, c. 34, s. 48; 2022, c. 9, s. 97.

101.34. Any person who, in good faith, makes a disclosure or cooperates in an inspection or investigation conducted on the basis of a disclosure incurs no civil liability for doing so.

2017, c. 27, s. 210.

CHAPTER VIII COMMUNICATION OF INFORMATION

102. A permit holder, a home educational childcare coordinating office or a recognized home educational childcare provider must communicate to the Minister, on request, the personal or other information needed by the Minister for the purposes of this Act, whether to identify its clientele, assess anticipated attendance, assess actual attendance by the children receiving childcare, or manage childcare service supply and demand or for studies, research or the administration of a subsidy.

In the case of a coordinating office, the information referred to in the first paragraph includes that obtained from a home educational childcare provider that it has recognized. A home educational childcare provider must likewise, on request, communicate to the coordinating office the information it needs to exercise its functions related to identifying its clientele, assessing anticipated attendance, assessing actual attendance by the children receiving childcare, managing childcare service supply and demand or to administer a subsidy.

The information concerned may relate to the permit holder, the coordinating office or a home educational childcare provider, their directors or personnel, the childcare services they provide or coordinate, or the children receiving childcare and their parents.

The information requested by the Minister under this section must be sent to the Minister within the time and in the manner determined by the Minister, in particular by Internet, using the computer system and software determined by the Minister.

2005, c. 47, s. 102; 2017, c. 31, s. 18; 2022, c. 9, s. 97.

103. In order to determine whether the objectives of the Act are being achieved, the Minister may require that parents whose child is receiving childcare communicate to the Minister, at the time determined and using the form supplied by the Minister, the documents and information prescribed by regulation concerning their employment, annual income bracket, family make-up and childcare needs.

2005, c. 47, s. 103; 2009, c. 36, s. 96.

CHAPTER VIII.1 EDUCATIONAL CHILDCARE SERVICES FUND

2015, c. 8, s. 173.

103.1. The Educational Childcare Services Fund is established. The Fund is dedicated exclusively to financing subsidized educational childcare services.

The following sums are credited to the Fund:

(1)  the sums collected by the Minister of Revenue as additional contributions under the first paragraph of section 88.2, as it read before being repealed;

(2)  the sums transferred to it by a minister out of the appropriations granted for that purpose by Parliament;

(3)  the sums transferred to it by the Minister of Finance under the first paragraph of section 54 of the Financial Administration Act (chapter A-6.001);

(4)  the interest earned on the sums referred to in subparagraphs 1 to 3.

The sums referred to in subparagraph 1 of the second paragraph must be deposited in trust with the Minister.

2015, c. 8, s. 173; 2020, c. 5, s. 7.

103.2. The money debited from the Fund is paid, in accordance with the conditions and priorities determined by the Minister, to finance subsidized educational childcare services.

However, the sums expended by the Minister for the collection of the additional contribution described in the first paragraph of section 88.2, as it read before being repealed, are debited from the Fund’s trust account.

2015, c. 8, s. 173; 2020, c. 5, s. 8.

103.3. Despite the second paragraph of section 54 of the Financial Administration Act (chapter A-6.001), the Minister of Finance may not advance to the general fund the sums, referred to in subparagraph 1 of the second paragraph of section 103.1, deposited in trust with the Minister.

2015, c. 8, s. 173.

103.4. The management of the sums referred to in subparagraph 1 of the second paragraph of section 103.1, deposited in trust with the Minister and credited to the Fund, is entrusted to the Minister of Finance.

2015, c. 8, s. 173.

CHAPTER VIII.2 REGIONAL ADVISORY COMMITTEE

2017, c. 31, s. 19; 2022, c. 9, s. 50.

DIVISION I ESTABLISHMENT AND FUNCTIONS

2017, c. 31, s. 19.

103.5. The Minister establishes a regional advisory committee for every territory the Minister determines.

The function of each committee is to advise the Minister on the educational childcare service needs and priorities for developing such services in its territory, in accordance with section 11.2.

In addition, a committee must conduct any analysis the Minister requests it to conduct and give its opinion on any matter submitted to it by the Minister, including any matter concerning the development of educational childcare services, the steps leading to the issue of a day care centre permit and the process for assigning, recovering and allocating subsidized childcare spaces.

2017, c. 31, s. 19; 2022, c. 9, s. 51.

DIVISION II COMPOSITION AND ORGANIZATION

2017, c. 31, s. 19.

103.6. Each committee is composed of the following members:

(1)  one person designated by each of the regional county municipalities of the territory concerned;

(2)  one person designated by the director or directors of youth protection acting in the territory concerned;

(3)  one person designated by the integrated health and social services centres of the territory concerned who is not under the authority of a director of youth protection;

(4)  one person designated by the school service centres and school boards of the territory concerned;

(5)  one person designated by a regional economic development agency of the territory concerned;

(6)  one person designated by a community organization with a family-related mandate designated by the Minister; and

(7)  one person designated by the body most representative of the childcare centres of the territory concerned.

For the purposes of subparagraph 1 of the first paragraph, any local municipality whose territory is not included in that of a regional county municipality, with the exception of a local municipality whose territory is included in the urban agglomeration of Ville de Montréal, Ville de Québec, Ville de Longueuil, Ville de La Tuque or Municipalité des Îles-de-la-Madeleine, is considered a regional county municipality. In the case of those municipalities, the urban agglomeration council is considered a regional county municipality. The same is true of a responsible body referred to in section 21.5 of the Act respecting the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire (chapter M-22.1), as regards the territory or community it represents.

All regional advisory committee members designated under the first paragraph must work or reside in the territory of their committee.

A person designated under the first paragraph who, due to an impediment or a temporary inability to act, is unable to attend a committee meeting may be replaced by a person mandated for that purpose by the body or bodies that designated the person.

The Minister may also ask other bodies to designate other committee members, for instance, if a person referred to in the first paragraph cannot be designated.

2017, c. 31, s. 19; 2020, c. 1, s. 311; 2022, c. 9, s. 97; 2022, c. 9, s. 52.

103.7. Members are designated for a term not exceeding five years.

When their term expires, members remain in office until replaced or until their term is renewed.

2017, c. 31, s. 19; 2022, c. 9, s. 53.

103.8. The dates of each committee’s meetings are determined by the Minister.

The quorum at meetings of a committee is a majority of its members. If a quorum cannot be obtained, the Minister may, if the Minister considers it appropriate or at the request of the committee, designate one or more ad hoc members.

2017, c. 31, s. 19; 2022, c. 9, s. 54.

103.8.1. The Minister may issue a directive establishing any of the committee’s operating rules, including those relating to conflicts of interest, their disclosure and ethics.

2022, c. 9, s. 55.

103.9. Members or ad hoc members of a regional advisory committee may not be prosecuted for acts performed in good faith in exercising their committee functions.

2017, c. 31, s. 19; 2022, c. 9, s. 56.

CHAPTER IX PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

104. A person whose permit application or application for recognition as a home educational childcare provider is denied or whose permit or recognition is suspended, revoked or not renewed or a parent who believes he or she has been wronged by a decision under section 88 may contest the decision of the Minister or the home educational childcare coordinating office, as applicable, before the Administrative Tribunal of Québec within 60 days after being notified of the decision.

2005, c. 47, s. 104; 2022, c. 9, s. 57.

105. A home educational childcare coordinating office whose decision is contested 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 after receiving a copy of the motion.

2005, c. 47, s. 105; 2022, c. 9, s. 97.

105.1. An order made under section 81.1 by the Minister or a person authorized by the Minister may be contested by the person concerned before the Administrative Tribunal of Québec within 60 days after notification of the order.

2010, c. 39, s. 15.

105.2. A review decision rendered by a person designated by the Minister which confirms the imposition of an administrative penalty under this Act or the regulations may be contested by the person concerned before the Administrative Tribunal of Québec within 60 days after notification of the review decision.

When rendering its decision, the Administrative Tribunal of Québec may make a ruling with respect to interest accrued on the administrative penalty while the matter was pending before the Tribunal.

2010, c. 39, s. 15.

CHAPTER X REGULATIONS

106. The Government may, by regulation, for part or all of Québec,

(1)  determine the content of an application for the issuance or renewal of a permit, the qualifications required of the applicant, the conditions to be met, the information and documents to be provided and the fees to be paid;

(2)  define classes according to the age of the children and the childcare services provided by the permit holder;

(3)  set the maximum number of children permitted in an educational childcare provider’s premises or play space, according to the dimensions and lay-out of the premises or play space, the age of the children and the services to be provided;

(3.1)  prescribe standards aimed at ensuring the health of children that are applicable to educational childcare providers, their facilities or their residence, as applicable, and require educational childcare providers to send the Minister the results of any analysis that may be required by the Minister regarding such matters;

(4)  establish the standards of hygiene, salubrity and safety to be met by educational childcare providers;

(4.1)  determine the persons required to take a first aid course and the persons qualified to offer the course, identify the course that must be taken or prescribe its content, its duration and the manner in which it must be offered, and the terms for maintaining the training of the persons having taken it;

(5)  establish standards for the lay-out, equipment, furnishing, maintenance, heating and lighting of premises where childcare is provided, require that there be a play space, delimit areas within that space for specific uses and establish standards for the lay-out, equipment, maintenance and safety of the play space or play areas;

(5.1)  establish the conditions and standards applicable when a permit holder is authorized, under section 16.4, to provide childcare services in a temporary facility and determine, from among the standards that would otherwise be applicable, those from which the holder is exempt in those circumstances;

(6)  establish rules for the election of the directors of a legal person or cooperative holding a childcare centre permit and for the operation of its board of directors, and determine the content of its by-laws;

(7)  establish the requirements to be met by the staff members of a coordinating office or the holder of a childcare or day care centre permit according to the responsibilities and the type of job held, in particular with regard to safety and moral character, and determine which of the impediments or criminal or indictable offences referred to in paragraphs 2 and 3 of section 26 are to be retained;

(8)  establish qualification standards, including standards of equivalency with regard to training and experience acquired outside Québec, and other requirements to be met by persons working for an educational childcare provider;

(8.1)  establish the time limit for issuing, and the content and form of, the attestation setting out the experience accumulated for qualification purposes that a permit holder must issue to a member of its childcare staff when the staff member’s employment is terminated or when the permit holder ceases to operate in a facility;

(8.2)  establish the time limit for issuing, and the content and form of, the attestation setting out the experience accumulated for qualification purposes that a coordinating office must issue to a home educational childcare provider it has recognized when the home educational childcare provider’s recognition is terminated;

(8.3)  determine the conditions for the issue or renewal of a certificate of recognition of qualification by the Minister, prescribe the certificate’s content and prescribe the information that a permit holder, home educational childcare coordinating office, recognized home educational childcare provider or childcare staff member must provide for that purpose;

(9)  establish qualification standards, including standards of equivalency with regard to training and experience acquired outside Québec, and other requirements to be met by a person responsible for managing a childcare centre, day care centre or home educational childcare coordinating office, and define the duties of this person;

(10)  establish qualification standards, including standards of equivalency with regard to training and experience acquired outside Québec, and other requirements to be met by a person responsible for granting recognition to home educational childcare providers, and define the duties of this person;

(11)  identify the records that must be kept by a permit holder or a home educational childcare coordinating office as well as the information and documents these records must contain, and define rules for their preservation;

(12)  determine the information and documents that an educational childcare provider or home educational childcare coordinating office must update and communicate;

(13)  set the ratio of staff to children to be respected by an educational childcare provider;

(13.1)  set the ratio of staff to qualified staff present during the provision of childcare services to be respected by an educational childcare provider;

(14)  determine the formalities to be followed when registering and admitting children and when taking them on an outing;

(14.1)  determine the elements comprising the education records of the children to whom the educational childcare provider provides childcare, the medium to be used and the standards for keeping, using, storing, reproducing and communicating the information the records contain;

(15)  determine the content of registration cards and attendance cards, and establish standards for their preservation, consultation and reproduction;

(16)  determine the standards with respect to which a permit holder must file a certificate, the form and contents of the certificate and the time it must be filed;

(17)  determine the information and documents to be provided by a permit holder upon changing one of its directors;

(18)  determine the information and documents needed to verify the existence of an impediment that a police force in Québec is required to communicate to the Minister, to an educational childcare provider or to the person referred to in section 6.1;

(18.1)  determine the terms and conditions the person referred to in section 6.1 must fulfil to obtain an attestation from a police force or the Minister establishing that no impediment exists;

(19)  determine the conditions to be met by a permit holder or home educational childcare coordinating office that ceases to operate in one or more facilities;

(20)  determine rules governing the operation of the parents committee of a day care centre;

(21)  determine the requirements to be met by a person seeking recognition as a home educational childcare provider or renewal of such recognition;

(22)  determine terms and conditions for recognition of a home educational childcare provider;

(23)  determine the monitoring measures applicable to a home educational childcare provider and the situations that can lead to non-renewal, suspension or revocation of recognition;

(23.1)  establish the number, nature and terms of visits that a home educational childcare coordinating office is required to make to a home educational childcare provider;

(24)  determine the information and documents a home educational childcare provider must communicate to the coordinating office that granted its recognition;

(24.1)  determine the goods and services that must be provided by a subsidized educational childcare provider in return for the parental contribution set by the Government;

(24.2)  determine the goods, activities and services for which the subsidized educational childcare provider may request or receive a payment beyond the set parental contribution;

(25)  set the parental contribution for the services determined by the Government and prescribe the indexing method for that amount;

(25.1)  (subparagraph repealed);

(26)  determine the terms and conditions for payment of the parental contribution set by the Government and define the cases in which a parent may be fully or partially exempted from paying that contribution for all or some services, as specified;

(27)  determine the persons, other than the parent, from whom payment of the parental contribution set by the Government may be required;

(27.1)  determine the terms and conditions to be complied with by an educational childcare provider in the delivery of subsidized childcare;

(28)  determine the age class and the type of services, and the period, duration and core hours to which the parental contribution set by the Government applies;

(29)  determine the documents and information that parents whose child is receiving subsidized childcare must communicate to the Minister concerning their employment, annual income bracket, family make-up and childcare needs;

(29.1)  determine the other elements and services all educational programs must include;

(29.2)  establish a single educational program and determine which educational childcare providers are required to apply it in whole or in part;

(29.3)  determine equivalencies for the single educational program;

(29.4)  determine the amount of insurance and insurance coverage the person referred to in section 6.1 must have;

(29.5)  determine the first aid course the person referred to in section 6.1 must take, its content and duration and how it is to be updated;

(29.6)  determine the elements to be included in the notice the person referred to in section 6.1 must give the parent;

(29.7)  determine the documents and information the person referred to in section 6.1 must give the parents of the children to whom he or she provides childcare;

(30)  determine, from among the provisions of a regulation made under this section, those whose infringement constitutes an offence punishable under section 117;

(31)  specify which provisions of a regulation give rise to the imposition of an administrative penalty, and specify, or give the calculation methods to be used to determine, the amount of the penalty; and

(32)  determine the cases in which and the conditions under which a debtor is required to pay a recovery charge for an administrative penalty and prescribe the amount of the charge.

A government regulation made under subparagraph 25 of the first paragraph may prescribe that the indexing method for the amount concerned is determined by the Minister.

2005, c. 47, s. 106; 2009, c. 36, s. 97; 2010, c. 39, s. 16; 2015, c. 8, s. 174; 2017, c. 31, s. 20; 2020, c. 5, s. 9; 2022, c. 9, ss. 58 and 97.

107. The Minister may, by regulation, for part or all of Québec,

(1)  (paragraph repealed);

(2)  determine conditions under which accreditation is to be granted by the Minister.

2005, c. 47, s. 107; 2017, c. 31, s. 21.

108. In an exceptional case and if the Minister considers it warranted and in the public interest, the Minister may authorize the application of a measure that departs from a standard established by or under this Act other than a standard established under any of paragraphs 13, 14, 16 and 21 to 30 of section 106.

The Minister may also, in a subsidy agreement under section 92, set core hours other than those determined under paragraph 28 of section 106, if the Minister believes that such core hours are preferable given the childcare needs of the parents and the childcare services offered by other educational childcare providers in the territory served by the applicant for a permit or the educational childcare provider.

However, before the Minister may authorize the application of a measure that departs from a standard established under paragraph 3 to 5.1, 8, 9 or 15 of section 106, the permit holder or applicant must prove to the Minister that the proposed measure is appropriate and would, to the same degree, ensure the health and safety and foster the development and well-being of the children.

2005, c. 47, s. 108; 2009, c. 36, s. 98; 2022, c. 9, ss.59 and 97.

CHAPTER XI PENAL PROVISIONS

108.1. A person that contravenes section 6 is guilty of an offence and is liable to a fine of $2,500 to $12,500.

2010, c. 39, s. 17; 2022, c. 9, s. 60.

108.2. A person named in an order issued under section 81.1 that, at any time in the two years following notification of the order or a conviction under this section, refuses or fails to comply with the order or in any way prevents or hinders its execution is guilty of an offence and is liable to a fine of $5,000 to $50,000.

2010, c. 39, s. 17.

109. A person that contravenes section 15, 41, 53 or 53.1, the second paragraph of section 76, section 86.1 or section 99 or allows access to a play space, play area or play equipment access to which has been prohibited or the evacuation of which has been ordered under section 74 or 75 is guilty of an offence and is liable to a fine of $500 to $5,000.

2005, c. 47, s. 109; 2009, c. 36, s. 99; 2010, c. 39, s. 18; 2016, c. 34, s. 49; 2021, c. 15, s. 101.

110. A permit holder that contravenes section 13, 13.1, 14, 16, 17, 20, 22 or 25 is guilty of an offence and is liable to a fine of $500 to $5,000.

2005, c. 47, s. 110; 2022, c. 9, s. 62.

The addition of “13.1” will come into force on the date to be fixed by order of the Government (See 2022, c. 9, s. 108).

110.1. A permit holder that contravenes a provision of the first paragraph of section 30 is guilty of an offence and is liable to a fine of $2,500 to $12,500.

2022, c. 9, s. 63.

111. A day care centre permit holder that contravenes section 31 or 33, the second paragraph of section 34, section 37 or 38 is guilty of an offence and is liable to a fine of $500 to $2,500.

2005, c. 47, s. 111; 2022, c. 9, s. 64.

112. An accredited home educational childcare coordinating office that contravenes section 48 or 59 is guilty of an offence and is liable to a fine of $250 to $1,000.

2005, c. 47, s. 112; 2022, c. 9, s. 97.

112.1. An accredited home educational childcare coordinating office that contravenes section 51.1 is guilty of an offence and is liable to a fine of $2,500 to $12,500.

2022, c. 9, s. 65.

113. An educational childcare provider or an accredited home educational childcare coordinating office receiving a subsidy under this Act that fails to keep, or records false or inaccurate information in, the books, accounts and registers referred to in section 57 is guilty of an offence and is liable to a fine of $500 to $5,000.

2005, c. 47, s. 113; 2022, c. 9, s. 97.

113.1. An educational childcare provider or an accredited home educational childcare coordinating office that refuses or fails to send the information requested by the Minister under section 102, within the time and in the manner determined by the Minister, is guilty of an offence and is liable to a fine of $500 to $5,000.

2017, c. 31, s. 22; 2022, c. 9, s. 97.

113.2. An educational childcare provider that contravenes section 5.2 is guilty of an offence and is liable to a fine of $5,000 to $75,000.

2017, c. 31, s. 22; 2022, c. 9, s. 97.

113.3. An educational childcare provider that contravenes the first or third paragraph of section 57.1 is guilty of an offence and is liable to a fine of $500 to $5,000.

2017, c. 31, s. 22; 2022, c. 9, s. 97.

113.4. The person referred to in section 6.1 that contravenes a provision of section 6.2 is guilty of an offence and is liable to a fine of $5,000 to $75,000.

2017, c. 31, s. 22.

114. An educational childcare provider that fails to keep, or enters false or misleading information on, the registration card or attendance card referred to in section 58 is guilty of an offence and is liable to a fine of $500 to $2,500.

2005, c. 47, s. 114; 2022, c. 9, ss. 67 and 97.

115. A permit holder or an accredited home educational childcare coordinating office receiving a subsidy under this Act that fails to produce within the time prescribed, or records false or inaccurate information in, the report referred to in section 61, 62 or 63 is guilty of an offence and is liable to a fine of $500 to $5,000.

2005, c. 47, s. 115; 2022, c. 9, s. 97.

115.1. A person that contravenes a provision of section 78 or 81.0.1 is guilty of an offence and is liable to a fine of $4,000 to $20,000.

2016, c. 34, s. 50; 2022, c. 9, s. 68.

116. An educational childcare provider that contravenes section 2.2, 59.1, 59.2, 86 or 95 is guilty of an offence and is liable to a fine of $500 to $5,000.

2005, c. 47, s. 116; 2017, c. 31, s. 23; 2022, c. 9, s. 97; 2022, c. 9, s. 69.

117. A person that contravenes a regulatory provision made under paragraph 30 of section 106 is guilty of an offence and is liable to a fine of $500 to $2,500.

2005, c. 47, s. 117; 2022, c. 9, s. 70.

117.1. A person that

(1)  discloses information under section 101.21 that the person knows to be false or misleading, or

(2)  contravenes section 101.31,

is guilty of an offence and is liable to a fine of $2,000 to $20,000 in the case of a natural person and $10,000 to $250,000 in other cases.

2016, c. 34, s. 51; 2017, c. 27, s. 211.

117.2. A person, including a director or a shareholder of a permit holder delivering subsidized childcare or a home educational childcare coordinating office, that, by an act or omission, helps a person to commit an offence under section 115.1 or 117.1 or that, by encouragement, advice or consent or by an authorization or order, induces another person to commit such an offence is guilty of the same offence.

2016, c. 34, s. 51; 2022, c. 9, s. 97.

118. If a legal person contravenes any of sections 108.1 to 117.2, any director or representative of the legal person who authorized, permitted or consented to the commission of the offence is party to the offence and is liable to the fines provided for in those sections.

2005, c. 47, s. 118; 2010, c. 39, s. 19; 2016, c. 34, s. 52.

119. In the case of a second or subsequent conviction, the fines provided for in sections 108.1 to 117.2 are doubled.

2005, c. 47, s. 119; 2010, c. 39, s. 19; 2016, c. 34, s. 52.

119.1. The prescription period for a penal proceeding for an offence under this Act or the regulations is the longer of

(1)  three years from the date the offence was committed; and

(2)  two years from the date on which the inspection or investigation that led to the discovery of the offence was begun if false representations were made to the Minister or to one of the Minister’s public servants.

In the cases referred to in subparagraph 2 of the first paragraph, the Minister’s, inspector’s or investigator’s attestation indicating the date on which the investigation record was opened constitutes conclusive proof of that date, in the absence of evidence to the contrary. However, in such cases, no proceedings may be instituted if more than five years have passed since the date of the commission of the offence.

2022, c. 9, s. 71.

120. If, in a facility, activities requiring a permit or recognition under section 6 are carried on without a permit, the Minister may, after notifying the parents of the children to whom childcare is provided, have the children evacuated and close the facility immediately at the expense of the person in charge of the facility, even before proceedings are instituted under section 108.1.

The Minister must, in the same manner, have the children evacuated if the Minister considers that their health and safety may have been or could be compromised.

2005, c. 47, s. 120; 2010, c. 39, s. 20.

CHAPTER XII MISCELLANEOUS PROVISIONS

DIVISION I REPRESENTATION AND DELEGATION

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

The Minister may also authorize, in writing, a person, government department or body or a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or 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.

A person, government department, body or public institution so authorized may not be prosecuted for any act done in good faith in the exercise of those functions.

2005, c. 47, s. 121.

121.1. To enable the application of measures ensuring that Aboriginal realities are taken into account, the Government may enter into an agreement on any matter within the scope of this Act or the regulations with an Aboriginal nation represented by all the band councils or northern village councils of the communities forming the nation, by the Makivik Corporation or by the Cree Nation Government, with an Aboriginal community represented by its band council, by its northern village council or by a group of communities so represented or, in the absence of such councils, with any other Aboriginal group.

Such an agreement has precedence over this Act and the regulations. However, a person covered by an agreement is exempt from the incompatible provisions of this Act or the regulations only to the extent that the person complies with the agreement.

An agreement entered into under this section must be tabled in the National Assembly within 30 days after it is signed or, if the Assembly is not sitting, within 30 days after resumption. It must also be published in the Gazette officielle du Québec.

2022, c. 9, s. 72.

DIVISION II PILOT PROJECTS

122. The Minister may, on the Minister’s initiative or at the request of a third party, establish or authorize a pilot project for the purpose of experimenting or innovating in the field of childcare services, or for the purpose of studying, improving or defining childcare standards.

The Minister may also authorize a person, partnership or association to provide childcare services within such a pilot project according to standards that depart from those established by or under this Act.

2005, c. 47, s. 122; 2022, c. 9, s. 73.

123. The Minister may issue directives establishing the standards applicable to a pilot project.

The Minister may, at any time, make changes or put an end to a pilot project after advising the person, partnership or association concerned.

2005, c. 47, s. 123.

124. The maximum duration of a pilot project is three years. The Minister may extend the duration by up to two years if the Minister considers it necessary.

The results of a pilot project must be published by the Minister, on the Minister’s department’s website, not later than one year after it ends.

2005, c. 47, s. 124; 2022, c. 9, s. 74.

DIVISION II.1 ADVISORY COMMITTEE

2009, c. 36, s. 100.

124.1. The Minister may form an advisory committee to provide advice on all aspects of home childcare, gather pertinent information and report its observations and recommendations to the Minister.

Such a committee must be composed of representatives of the coordinating offices accredited by the Minister or representatives of associations of such coordinating offices.

2009, c. 36, s. 100.

DIVISION III

Repealed, 2009, c. 36, s. 101.

2009, c. 36, s. 101.

125. (Repealed).

2005, c. 47, s. 125; 2009, c. 36, s. 101.

126. (Repealed).

2005, c. 47, s. 126; 2009, c. 36, s. 101.

127. (Repealed).

2005, c. 47, s. 127; 2009, c. 36, s. 101.

128. (Repealed).

2005, c. 47, s. 128; 2009, c. 36, s. 101.

129. (Repealed).

2005, c. 47, s. 129; 2009, c. 36, s. 101.

130. (Repealed).

2005, c. 47, s. 130; 2009, c. 36, s. 101.

131. (Repealed).

2005, c. 47, s. 131; 2009, c. 36, s. 101.

132. (Repealed).

2005, c. 47, s. 132; 2009, c. 36, s. 101.

DIVISION IV RECOGNITION OF EQUIVALENCY

133. In the exercise of ministerial responsibilities, the Minister may take the necessary measures, in collaboration with the government departments concerned or the competent bodies, to facilitate the recognition in Québec of training and experience acquired outside Québec and the awarding of an equivalency.

2005, c. 47, s. 133.

DIVISION V LAND USE PLANNING AND DEVELOPMENT

134. Despite any existing zoning by-laws, the council of a local municipality may, by by-law 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 a childcare centre or day care centre within the meaning of this Act.

No municipal by-law made under a general law or special Act may operate to prevent

(1)  the opening or maintenance of a home childcare operation for the sole reason that it is a home childcare operation;

(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 that was issued by the Minister of Health and Social Services before 29 November 1979; or

(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 overrides any general law or special Act and any municipal by-law made under a general law or special Act.

2005, c. 47, s. 134.

DIVISION VI MINISTER RESPONSIBLE

135. The Minister of Families, Seniors and the Status of Women is responsible for the administration of this Act.

2005, c. 47, s. 135; 2015, c. 8, s. 175; 2020, c. 5, s. 10.

The Minister Responsible for Government Administration and Chair of the Conseil du trésor assumes responsibility for developing and coordinating a global collective negotiation strategy for the government administration. Order in Council 1638-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6513.

The Minister of Finance exercises the functions of the Minister of Revenue provided for in this Act. Order in Council 1689-2022 dated 26 October 2022, (2022) 154 G.O. 2 (French), 6581.

CHAPTER XIII AMENDING PROVISIONS

CITIES AND TOWNS ACT

136. (Amendment integrated into c. C-19, s. 29).

2005, c. 47, s. 136.

MUNICIPAL CODE OF QUÉBEC

137. (Amendment integrated into c. C-27.1, a. 7).

2005, c. 47, s. 137.

ACT TO FACILITATE THE ESTABLISHMENT OF A PENSION PLAN FOR EMPLOYEES WORKING IN CHILDCARE SERVICES

138. (Amendment integrated into c. E-12.011, s. 1).

2005, c. 47, s. 138.

139. (Amendment integrated into c. E-12.011, s. 2).

2005, c. 47, s. 139.

ACT RESPECTING MUNICIPAL TAXATION

140. (Amendment integrated into c. F-2.1, s. 204).

2005, c. 47, s. 140.

141. (Amendment integrated into c. F-2.1, s. 236).

2005, c. 47, s. 141.

EDUCATION ACT FOR CREE, INUIT AND NASKAPI NATIVE PERSONS

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

2005, c. 47, s. 142.

ACT RESPECTING ADMINISTRATIVE JUSTICE

143. (Amendment integrated into c. J-3, Schedule I).

2005, c. 47, s. 143.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES

144. (Amendment integrated into c. S-4.2, s. 114).

2005, c. 47, s. 144.

ACT RESPECTING HEALTH SERVICES AND SOCIAL SERVICES FOR CREE NATIVE PERSONS

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

2005, c. 47, s. 145.

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

2005, c. 47, s. 146.

TOBACCO ACT

147. (Amendment integrated into c. T-0.01, s. 2).

2005, c. 47, s. 147.

148. (Amendment integrated into c. T-0.01, s. 2.1).

2005, c. 47, s. 148.

149. (Amendment integrated into c. T-0.01, s. 17).

2005, c. 47, s. 149.

CHAPTER XIV MISCELLANEOUS AND TRANSITIONAL PROVISIONS

150. (Omitted).

2005, c. 47, s. 150.

151. A regulation made under the Act respecting childcare centres and childcare services (chapter C-8.2) remains in force until it is replaced or repealed by a regulation made under this Act.

2005, c. 47, s. 151.

152. Rights and obligations relating to home childcare services conferred on childcare centre permit holders by the Regulation respecting childcare centres, made by Order in Council 1069-97 (1997, G.O. 2, 4368), and the Regulation respecting reduced contributions, made by Order in Council 1071-97 (1997, G.O. 2, 4393), are conferred on accredited home childcare coordinating offices, with the necessary modifications.

2005, c. 47, s. 152.

153. Section 6 does not apply to a person operating a nursery school that establishes that the person was operating that nursery school on 25 October 2005.

“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.

2005, c. 47, s. 153.

153.1. A non-profit community organization that establishes that, on 21 October 2021, it met all the conditions set out in subparagraph 3 of the second paragraph of section 6 of this Act, as it reads as of 1 September 2022, other than the condition that a public body referred to in that paragraph finance its overall mission, may apply to the Minister, not later than 11 July 2022, for recognition as such. An application for recognition may not be made after that date.

When the Minister recognizes such an organization under the first paragraph, the Minister issues it recognition that allows it to avail itself of the exception under subparagraph 3 of the second paragraph of section 6 of the Act as of 1 September 2022, to the extent and as long as the organization complies with all the other conditions.

2022, c. 9, s. 75.

154. A legal person or cooperative that holds a childcare centre permit on 1 June 2006 has until 1 June 2007 to bring the composition of its board of directors into compliance with the requirements of section 7.

2005, c. 47, s. 154.

155. Despite the second paragraph of section 11, a school board that holds a day care centre permit on 1 June 2006 may obtain a permit renewal from the Minister on the conditions prescribed by law.

2005, c. 47, s. 155.

156. Section 12 applies to a permit in force on 1 June 2006 only as of its renewal unless the permit holder requests a modification of the permit before its renewal.

2005, c. 47, s. 156.

157. Section 15 does not apply to a person, partnership or association which, on 14 May 1997, was using a name that includes the term “childcare centre” and appears in the declaration of registration filed under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45). The person, partnership or association may continue to use that name, provided that it is not used in such a manner as to lead to the belief that the centre is a childcare centre within the meaning of this Act.

2005, c. 47, s. 157.

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.

161. A person who, on 1 June 2006, is a recognized home childcare provider must undergo an assessment not later than 31 March 2007 for the renewal of the person’s recognition by the competent accredited coordinating office in accordance with section 55.

2005, c. 47, s. 161.

162. Section 59 applies with respect to the year 2006 from 30 September 2006.

2005, c. 47, s. 162.

163. Sections 61 and 63 apply to coordinating offices from the fiscal year 2006-2007.

2005, c. 47, s. 163.

164. The second paragraph of section 97 does not apply to a childcare centre permit holder whose subsidies have been cancelled or reduced because the permit holder no longer coordinates home childcare services.

2005, c. 47, s. 164.

165. Any case pending on 1 June 2006 before the Administrative Tribunal of Québec concerning the suspension or revocation of the recognition of a home childcare provider by a childcare centre permit holder is continued, without continuance of suit, by the territorially competent home childcare coordinating office. The same applies to any application for judicial review of a decision rendered by the Tribunal in such a matter pending on that date.

The childcare centre permit holder must, without delay, send the coordinating office a copy of the file prepared for that purpose. The coordinating office notifies the tribunal or court concerned.

However, the childcare centre permit holder may remain a party to the proceedings if it proves its interest.

2005, c. 47, s. 165.

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.

REPEAL SCHEDULES

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 47 of the statutes of 2005, in force on 1 March 2006, is repealed, except section 168, effective from the coming into force of chapter S-4.1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 39, the first paragraph of section 41, sections 52 to 93, 95 to 157 and 161 to 165 of chapter 47 of the statutes of 2005, to the extent in force on 1 January 2007, are repealed effective from the coming into force of the updating to 1 January 2007 of chapter S-4.1.1 of the Revised Statutes.