I-13.3, r. 11 - Regulation respecting childcare services provided at school

À jour au 1^er juillet 2023

Ce document a valeur officielle.

chapter I-13.3, r. 11

Regulation respecting childcare services provided at school

Education Act

(chapter I-13.3, s. 454.1).

On 10 August 2020, the Superior Court ordered a stay of the application of the Act to amend mainly the Education Act with regard to school organization and governance (S.Q. 2020, c. 1) to English language school boards until a judgment is rendered on the merits of the application for judicical review challenging the validity of certain provisions of the Act.

The amounts prescribed in the Regulation have been indexed as of 1 July 2023 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 30 June 2023, page 428. (ss. 17.1 and 17.2)

CHAPTER I NATURE AND OBJECTIVES OF CHILDCARE SERVICES

1. Childcare services provided at school shall be offered to children at the preschool and elementary level of a school service centre, outside the periods where educational services are provided to them.

They shall be part of the children’s environment and contribute, in accordance with the educational project of the school, to their global development.

O.C. 1316-98, s. 1; O.C. 1053-2022, s. 1.

2. The following are the objectives pursued by childcare services provided at school:

(1)  looking after the children’s well-being and offering an atmosphere conducive to their development;

(2)  providing support to children’s families, particularly by offering to those who wish, an adequate place and, where possible, the necessary support to allow them to do their homework after class;

(3)  providing health and safety to children in keeping with the rules of conduct and safety measures approved by the governing board of the school, in accordance with section 76 of the Education Act (chapter I-13.3).

O.C. 1316-98, s. 2; O.C. 1053-2022, s. 2.

CHAPTER II GENERAL ORGANIZATIONAL FRAMEWORK

DIVISION I GENERAL

O.C. 1316-98, Div. I; O.C. 1053-2022, s. 3.

2.1. The principal shall take the measures necessary to ensure that the provisions of this Regulation are complied with.

O.C. 1053-2022, s. 4.

3. Childcare services shall be offered every day of the school year devoted to educational services, but outside the periods devoted to those services, in the manner, such as the schedule, agreed with the school service centre and the governing board in accordance with section 256 of the Education Act (chapter I-13.3).

That school service centre and the governing board may also agree to offer services outside the days of the school year devoted to educational services, particularly during pedagogical days and school break week.

O.C. 1316-98, s. 3.

4. A document in which the rules of operation of the childcare service are clearly set out shall be sent to the parent of a child registered for the service. The document shall be sent at the time of registration and each time a change is made to the document.

The document shall include

(1)  the terms and conditions for the arrival and departure of children;

(2)  the days and hours the service is open;

(3)  the dates of the pedagogical days and days outside the school year during which childcare services are scheduled, and the manner in which the parents are to be informed of the addition of such days;

(4)  the various terms and conditions for attending the childcare service that are possible and for changing the attendance established;

(5)  the financial contributions payable and the terms of payment;

(6)  the special rules of conduct or behaviour of the childcare service;

(7)  the cases and conditions of suspension or exclusion of a child;

(8)  the terms for closing childcare services in the event of bad weather or superior force.

O.C. 1316-98, s. 4; O.C. 1053-2022, s. 5.

4.1. The principal shall ensure that a program of activities is established and implemented.

The program of activities shall be coherent with the school’s educational project. It shall take into account the characteristics of the children and allow their global physical and motor, emotional, social, language and cognitive development.

The program of activities shall first be submitted for an opinion to the childcare parents’ committee, where a committee is established, as well as to the governing board. It shall be updated periodically and made public, particularly by sending it to the parents of children registered in the childcare service and to school staff members.

O.C. 1053-2022, s. 5.

DIVISION II STAFF

5. Childcare staff members must hold a document, dating back not more than 3 years, attesting that the person has successfully completed:

(1)  a general first aid course lasting at least 8 hours, including training on the management of severe allergic reactions; or

(2)  a refresher course lasting at least 6 hours intended to update the knowledge acquired in the course mentioned in paragraph 1.

O.C. 1316-98, s. 5; O.C. 1053-2022, s. 6.

DIVISION III HEALTH AND SAFETY

O.C. 1316-98, Div. III; O.C. 1053-2022, s. 7.

6. The number of children per childcare staff member in a childcare service provided at school shall not exceed 20 children present.

Only the childcare staff members present with the children may be taken into account for calculating the ratio provided for in the first paragraph.

O.C. 1316-98, s. 6; O.C. 1053-2022, s. 8.

7. Where only one childcare staff member is present in a childcare service, the principal shall ensure that someone is available to replace that member if he is obliged to leave due to an emergency.

O.C. 1316-98, s. 7.

8. If an illness or a serious accident occurs, a childcare staff member shall immediately call for medical assistance, in particular, by contacting the emergency services or Info-Santé.

As soon as possible, the person shall notify the parent of the child or any other person the parent has designated in the registration card.

O.C. 1316-98, s. 8; O.C. 1053-2022, s. 9.

9. Medication, toxic products and household cleaning products shall be locked in a storage area intended specifically for that purpose, out of reach of children and away from food.

O.C. 1316-98, s. 9; O.C. 1053-2022, s. 10.

10. A list of the following telephone numbers shall be posted near the telephone:

(1)  the Centre anti-poison du Québec;

(2)  the emergency services;

(3)  the Info-Santé service;

(4)  the nearest health services and social services centre or the centre serving the territory;

(5)  (subparagraph replaced);

(6)  (subparagraph replaced).

The following must also be kept close to the telephone:

(1)  a list of the telephone numbers of the regular staff members and their replacements, if any; and

(2)  a list of the telephone numbers of the parent of each child and those, according to registration cards, of other persons to contact in case of emergency.

O.C. 1316-98, s. 10; O.C. 1053-2022, s. 11.

11. During outings outside the premises of the childcare service, the principal shall take particular measures to ensure the safety of children, in compliance with the rules of conduct and safety measures approved by the governing board, in accordance with section 76 of the Education Act (chapter I-13.3).

O.C. 1316-98, s. 11.

12. The principal shall ensure that the premises, equipment, furnishings and playthings used by the childcare service are in good condition, safe and adapted to the needs of the children.

As part of the proposition concerning the use of premises or immovables made available to the school submitted by the principal to the governing board in accordance with section 93 of the Education Act (chapter I-13.3), the principal shall provide for a sufficient number of premises for childcare services. The principal may, to that end, resort to the sharing of premises.

O.C. 1316-98, s. 12; O.C. 1053-2022, s. 12.

13. The principal shall ensure that childcare staff members have a first-aid kit that is kept out of reach of children.

O.C. 1316-98, s. 13.

14. Childcare staff members shall ensure that each child leaves the centre with his parent or any other person authorized to pick up the child, unless the parent has agreed, in writing, to allow the child to return home by himself.

Every departure of a child shall comply with the terms and conditions provided for that purpose in the rules of operation determined under section 4.

O.C. 1316-98, s. 14; O.C. 1053-2022, s. 13.

DIVISION IV REGISTRATION AND ATTENDANCE CARDS

15. The principal shall ensure that a registration card of each child attending childcare services is kept and put at the disposal of childcare staff members at all times.

A registration card of all the children attending childcare services shall also be kept and updated daily.

A parent has a right of access, on request, to the cards, as it concerns the parent’s child, or a right to receive written or verbal communication thereof.

O.C. 1316-98, s. 15; O.C. 1053-2022, s. 14.

16. The registration card shall contain the following information:

(1)  the name, address and telephone number of the child;

(2)  the name, address and telephone number of the parent, and that of a person authorized to pick up the child and those of another person to contact in case of emergency;

(3)  the child’s grade for the school year concerned;

(4)  the date of admission of the child and the periods of attendance planned per week; and

(5)  data respecting the health and feeding of the child that may require special care and, where applicable, the name, address and telephone number of the physician and of the establishment where the child generally receives care.

O.C. 1316-98, s. 16; O.C. 1053-2022, s. 15.

17. The attendance card of each child shall contain the following information:

(1)  the name of each child;

(2)  his periods of attendance planned per week; and

(3)  his dates and hours of attendance.

O.C. 1316-98, s. 17.

DIVISION IV.1 FINANCIAL CONTRIBUTIONS

O.C. 1053-2022, s. 16.

17.1. The financial contribution required for children registered for childcare services for a period during a day of the school year devoted to educational services may not exceed the amount obtained by multiplying $3.05 by the total number of hours of that period.

The financial contribution required for children registered for childcare services for more than 1 period during such a day, among the usual before-class, lunch and after-class periods, may not exceed $9.20.

The amount referred to in the second paragraph does not include the financial contribution that may be required where the childcare services are offered for more than 5 hours during such a day. The additional financial contribution may not exceed the amount obtained by multiplying $3.05 by the total number of hours offered beyond 5 hours on the same day.

O.C. 1053-2022, s. 16.

17.2. The financial contribution required for children registered for childcare services on a pedagogical day may not exceed $15.75.

The amount does not include the financial contribution that may be required where the childcare services are offered for more than 10 hours during such a day. The additional financial contribution may not exceed the amount obtained by multiplying $3.05 by the total number of hours offered beyond 10 hours on the same day.

The amount also does not include the financial contribution that may be required for outings, for activities similar to an outing conducted with the participation of a person who is not a childcare staff member or for a special activity organized by the childcare staff and involving additional costs. The additional financial contributions required for such outings or activities must comply with the policy on financial contributions provided for in section 212.1 of the Education Act (chapter I-13.3) and may not exceed the actual cost.

O.C. 1053-2022, s. 16.

17.3. The financial contribution required for children attending childcare services during the school break week or any other day not referred to in section 17.1 or 17.2 may not exceed the actual cost of the service, including any outing or activity.

O.C. 1053-2022, s. 16.

17.4. An additional financial contribution not exceeding the actual cost may be required where a child is attending the childcare services beyond the hours the service is open.

O.C. 1053-2022, s. 16.

17.5. The governing board must consult the childcare parents’ committee, where a committee is established, before requiring any financial contribution for

(1)  an outing or activity during a pedagogical day; or

(2)  a period of childcare services offered during a day devoted to educational services outside the usual before-class, lunch and after-class periods.

O.C. 1053-2022, s. 16.

17.6. No financial contribution may be required for services of an administrative nature related to childcare, in particular those relating to registration or the opening of a file, or for using technological means of communication.

The first paragraph does not prevent charging fees for failure to pay or a late payment.

O.C. 1053-2022, s. 16.

17.7. The amounts referred to in this Division shall be indexed on 1 July of each year by a rate corresponding to the annual change in the overall average Québec consumer price index, excluding alcoholic beverages, tobacco products and recreational cannabis, for the 12-month period ending on 31 March of the preceding year. The result shall be rounded to the nearest multiple of $0.05 or, if it is equidistant from two such multiples, to the higher of the two. The Minister shall publish the result of the indexation in the Gazette officielle du Québec.

O.C. 1053-2022, s. 16.

DIVISION V

(Revoked)

O.C. 1316-98, Div. V; S.Q. 2019, c. 9, s. 15.

18. (Revoked).

O.C. 1316-98, s. 18; S.Q. 2019, c. 9, s. 15.

DIVISION VI TRANSITIONAL AND FINAL

19. (Obsolete).

O.C. 1316-98, s. 19.

20. (Omitted).

O.C. 1316-98, s. 20.

TRANSITIONAL

2022

(O.C. 1053-2022) SECTION 17. Section 5 of the Regulation respecting childcare services provided at school, as amended by section 6 of this Regulation, applies to the holder of an attestation valid on 1 July 2023 only as of the obtaining of a new attestation in accordance with the time period provided for therein.

Section 17.7 of the Regulation respecting childcare services provided at school, made by section 16 of this Regulation, applies from the school year 2023-2024.

REFERENCES

O.C. 1316-98, 1998 G.O. 2, 4288

S.Q. 2019, c. 9, s. 15

S.Q. 2020, c. 1, s. 312

O.C. 1053-2022, 2022 G.O. 2, 1972