S-4.1.1, r. 1 - Reduced Contribution Regulation

À jour au 17 mars 2020

Ce document a valeur officielle.

chapter S-4.1.1, r. 1

Reduced Contribution Regulation

Educational Childcare Act

(chapter S-4.1.1, s. 106).

The amounts prescribed in the Regulation have been indexed as of 1 January 2020 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 28 December 2019, page 861. (ss. 2.1, 5)

DIVISION I INTERPRETATION

1. In this Regulation, the period between 1 September of a year and 31 August of the following year is established as the reference year.

Under this Regulation, the modes of childcare for children under 5 years of age on 30 September of the reference year are one day of childcare equivalent to a continuous period of more than 4 hours per day, and one half-day of childcare equivalent to a continuous period of at least 2 hours and 30 minutes but not more than 4 hours per day.

Under this Regulation, the mode of childcare for children at least 5 years of age on 30 September of the reference year is one day of childcare equivalent to a continuous period or discontinuous periods totalling at least 2 hours and 30 minutes per day.

O.C. 583-2006, s. 1.

2. This Regulation applies to a parent whose child is receiving subsidized educational childcare referred to in the first paragraph of section 82 of the Act.

O.C. 583-2006, s. 2.

DIVISION I.1

(Revoked)

S.Q. 2015, c. 8, s. 176; S.Q. 2020, c. 5, s. 12.

2.1. (Revoked).

S.Q. 2015, c. 8, s. 176; S.Q. 2020, c. 5, s. 12.

DIVISION II PARENT’S ELIGIBILITY FOR AND SETTING OF THE REDUCED CONTRIBUTION

O.C. 583-2006, div. II; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

§ 1 . — Eligibility

3. A parent residing in Québec who meets any of the following conditions is eligible for the reduced contribution:

(1)  the parent is a Canadian citizen;

(2)  the parent is a permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

(3)  the parent is staying in Québec primarily for work purposes and holds a work permit issued under the Immigration and Refugee Protection Act or is exempted from holding such a permit under that Act;

(4)  the parent is a foreign student holding a certificate of acceptance issued under the Québec Immigration Act (chapter I-0.2.1) and is receiving a scholarship from the Government of Québec pursuant to the policy applying to foreign students in Québec colleges and universities;

(5)  the parent is recognized by a court in Canada of competent jurisdiction as a refugee or protected person within the meaning of the Immigration and Refugee Protection Act and holds a selection certificate issued under section 3.1 of the Québec Immigration Act;

(6)  the Minister of Citizenship and Immigration has granted protection to the parent under the Immigration and Refugee Protection Act and the parent holds the selection certificate referred to in paragraph 5;

(7)  the parent holds a temporary resident permit issued under section 24 of the Immigration and Refugee Protection Act in view of the granting of permanent residence and holds the selection certificate referred to in paragraph 5; or

(8)  the parent is authorized to file in Canada an application for permanent residence under the Immigration and Refugee Protection Act or the Immigration and Refugee Protection Regulations (SOR/02-227) and holds the selection certificate referred to in paragraph 5.

O.C. 583-2006, s. 3; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

4. In addition, the parent of a child who is at least 5 years of age on 30 September of the reference year must establish that the child cannot receive childcare services provided at school within the meaning of the Education Act (chapter I-13.3) or the Act respecting private education (chapter E-9.1) because of the absence of such services or a lack of availability.

O.C. 583-2006, s. 4.

§ 2 . — Setting of the reduced contribution and services

O.C. 583-2006, sd. 2; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

5. The reduced contribution is set at $8.35 per day. The contribution is to be paid monthly or at fixed intervals of less than 1 month, in approximately equal instalments.

This amount is indexed on 1 January of each year according to the higher of the following rates:

(1)  the rate corresponding to the annual variation in the average all-items Consumer Price Index for Québec excluding alcoholic beverages, tobacco products and recreational cannabis for the 12-month period that ended on 31 March of the second last fiscal year, as determined by Statistics Canada; or

(2)  the average annual growth rate of the cost of subsidized educational childcare spaces, determined by the Minister for 4 fiscal years, the most recent ending on 31 March of the second last fiscal year.

The result is 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 publishes the result of the indexation by a notice in the Gazette officielle du Québec.

O.C. 583-2006, s. 5; O.C. 850-2008, s. 1; O.C. 781-2014, s. 1; S.Q. 2015, c. 8, ss. 177 and 178; S.Q. 2020, c. 5, ss. 13 and 214.

6. As consideration for the reduced contribution, the childcare provider must provide a child under 5 years of age on 30 September of the reference year with

(1)  educational childcare for a continuous period of a maximum of 10 hours per day;

(2)  snacks if the child is receiving childcare at the time scheduled for snacks;

(3)  a noon meal or an evening meal if the child is receiving childcare during the hours scheduled for those meals, or breakfast in any other case; and

(4)  subject to section 10, all the educational material used and any other good or service put at the disposal of or offered or provided by any person to the children received by the childcare provider, while the childcare is provided.

A child referred to in the first paragraph may receive a maximum of 261 days of childcare, with any combination of days and half-days being possible, spread over the reference year.

A parent may not use, for his or her child, more than 20 days of childcare services per 4 weeks unless the parent demonstrates such a need because of seasonal employment or because of the parent’s work or study schedule.

O.C. 583-2006, s. 6; O.C. 850-2008, s. 2; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

7. As consideration for the reduced contribution, the childcare provider must provide a child who is at least 5 years of age on 30 September of the reference year with

(1)  educational childcare for a period of a maximum of 5 hours per day between 6 :30 a.m. and 6 :30 p.m.; and

(2)  subject to section 10, all the educational material used and any other good or service put at the disposal of or offered or provided by any person to the children received by the childcare provider, while the childcare is provided.

Despite the foregoing, on a pedagogical day provided for in the school calendar, and up to a maximum of 20 pedagogical days, the childcare provider must provide a child with educational childcare for a continuous period of a maximum of 10 hours per day, between 6 :30 a.m. and 6 :30 p.m.

A child referred to in the first paragraph may not receive more than 20 days of childcare per 4 weeks up to a maximum of 200 days of childcare in the school calendar spread over the reference year.

O.C. 583-2006, s. 7; O.C. 850-2008, s. 3; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

8. A childcare provider must fulfil the obligations in sections 6, 7 and 12 by taking into account the organization of the services and the days of attendance required for the child and by providing the parent with hours of childcare corresponding to the parent’s childcare needs and apportioned over all the operating hours of the provider.

However, the holder of a childcare centre permit or day care centre permit must ensure that services are provided at least from 7:00 a.m. to 6:00 p.m.

O.C. 583-2006, s. 8; O.C. 850-2008, s. 4.

8.1. The Minister may, on application by a permit holder, agree with the permit holder on a schedule different from the schedule prescribed under the second paragraph of section 8. The Minister is to take the following criteria into account in assessing such an application:

(1)  the needs of the parents concerned; and

(2)  the childcare services offered by other permit holders in the territory served by the applicant.

The applicant must, on request, provide the Minister with the information and documents required to assess the application.

O.C. 850-2008, s. 5.

9. A parent must agree with the childcare provider, in a written agreement, on the childcare services required for the child, on whether they are to be provided on a day or half-day basis, on the days of attendance required and, within the limits set in sections 6 to 8.1, on the hours of childcare that meet the parent’s childcare needs.

A child attends a childcare centre or a day care centre or receives home childcare according to the terms of the childcare services agreement entered into between the parent and the childcare provider.

O.C. 583-2006, s. 9; O.C. 850-2008, s. 6.

§ 3 . — Restrictions

10. No childcare provider may, directly or indirectly, require or receive costs or a contribution from a parent in addition to those set by this Regulation for any activity organized, item furnished or service offered during the hours in which the childcare referred to in sections 6, 7 and 12 is provided.

That prohibition does not apply to

(1)  occasional outings organized in connection with an educational activity in which the child may participate and for which costs are incurred by the childcare provider;

(2)  outings in which the child may participate that are intended to allow children to attend sport or recreational facilities unavailable in the childcare provider’s facility and put at their disposal by a person other than the childcare provider, a person to whom the provider is related within the meaning of section 3 of the Act or one of the childcare provider’s employees, and for which costs are incurred by the childcare provider;

(3)  personal hygiene items furnished to a child for which costs are incurred by the childcare provider; or

(4)  a meal other than a meal provided pursuant to section 6.

In the above cases, the childcare provider must give the parent, with the childcare services agreement referred to in section 9,

(1)  a detailed description of the outings, if they are known at the time the childcare services agreement is signed, otherwise as soon as they become known, and the amount of the related costs; and

(2)  a detailed description of the personal hygiene items and meals for which the childcare provider requires costs, and the amount of those costs.

If the parent accepts, the parties are to agree in a special agreement. If the parent refuses, the childcare provider must provide the child with the educational services to which the child is entitled. However, the latter obligation does not apply to a home childcare provider who organizes occasional outings.

O.C. 583-2006, s. 10; O.C. 850-2008, s. 7.

DIVISION III EXEMPTION FROM THE REDUCED CONTRIBUTION

O.C. 583-2006, div. III; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

11. A parent who receives a benefit pursuant to the Aim for Employment Program, the Social Assistance Program or the Social Solidarity Program under the Individual and Family Assistance Act (chapter A-13.1.1) and the Income Security Program for Cree Hunters and Trappers referred to in Section 30 of the James Bay and Northern Québec Agreement, appearing in Schedule 1 to Complementary Agreement No. 15 entered into by the Gouvernement du Québec and the Cree Regional Authority, approved by Order in Council 605-2002 dated 24 May 2002 and published in the Gazette officielle du Québec of 6 November 2002 is eligible for exemption from the reduced contribution for childcare received by a child under 5 years of age on 30 September of the reference year.

O.C. 583-2006, s. 11; O.C. 850-2008, s. 8; S.Q. 2015, c. 8, s. 178; O.C. 821-2018, s. 1; S.Q. 2020, c. 5, s. 13.

12. The childcare provider must provide a child whose parent is exempted from the reduced contribution with the goods and services provided for in section 6 according to the terms and conditions provided for in this Regulation.

O.C. 583-2006, s. 12; O.C. 850-2008, s. 9; S.Q. 2015, c. 8, s. 178; O.C. 821-2018, s. 2; S.Q. 2020, c. 5, s. 13.

13. (Revoked).

O.C. 583-2006, s. 13; S.Q. 2015, c. 8, s. 178; O.C. 821-2018, s. 3.

DIVISION IV ADMINISTRATION OF THE CONTRIBUTION

§ 1 . — Application

14. A parent who wishes to take advantage of or be exempted from the reduced contribution must complete the application form furnished by the Minister for that purpose.

The parent must submit the following particulars and documents:

(1)  the parent’s name, address and telephone number;

(2)  the child’s name;

(3)  the parent’s birth certificate or act of birth, or any other document establishing Canadian citizenship;

(4)  the child’s birth certificate or act of birth, except if the child is at least 5 years of age on 30 September of the reference year and has been admitted to preschool or elementary school education;

(5)  a copy of the agreement signed with the home childcare provider, if applicable; and

(6)  if the child has received childcare from another childcare provider, the number of days for which the parent paid the reduced contribution from 1 September of the reference year to the date of the application, as well as the document given to the parent pursuant to section 20 attesting that childcare was received.

In addition to those documents, the parent of a child who is 5 years of age or older on 30 September of the reference year must submit a document, signed by the principal of the school attended by the child, attesting to the absence of childcare services or, if the services exist, lack of availability.

A parent applying to be exempted from the reduced contribution must also submit proof of receipt of benefits under the Aim for Employment Program, the Social Assistance Program or the Social Solidarity Program under the Individual and Family Assistance Act or the Income Security Program for Cree Hunters and Trappers, and a written authorization allowing the Minister to verify the information with the Minister of Employment and Social Solidarity or the Cree Hunters and Trappers Income Security Board.

O.C. 583-2006, s. 14; O.C. 850-2008, s. 10; S.Q. 2015, c. 8, s. 178; O.C. 821-2018, s. 4; S.Q. 2020, c. 5, s. 13.

15. A foreign national referred to in paragraphs 2 to 8 of section 3 must, in addition, depending on the foreign national’s status, submit

(1)  a copy of the landing card, the permanent resident card or the confirmation of permanent residence issued by the Canadian immigration authorities;

(2)  a copy of the work permit issued by the Canadian immigration authorities stating the place of work and the employer’s name or, if the foreign national is exempted from holding such a permit, a copy of the document attesting to the foreign national’s right to legally be in Canada;

(3)  a copy of the letter from the Minister of Higher Education, Research, Science and Technology attesting that the foreign national is receiving a scholarship referred to in paragraph 4 of section 3, and a copy of the certificate of acceptance issued pursuant to section 3.2 of the Québec Immigration Act (chapter I-0.2.1);

(4)  a copy of the letter from the competent authority in Canada establishing that the foreign national is a refugee or a protected person within the meaning of the Immigration and Refugee Protection Act, and a copy of the selection certificate issued pursuant to section 3.1 of the Québec Immigration Act;

(5)  a copy of the letter from the Minister confirming that the person has obtained the Minister’s protection under the Immigration and Refugee Protection Act, and a copy of the selection certificate referred to in subparagraph 4;

(6)  a copy of the temporary resident permit issued in view of the granting of permanent residence, and a copy of the selection certificate referred to in subparagraph 4; or

(7)  a copy of the letter from the Canadian immigration authorities establishing that the person is authorized to apply in Canada for permanent residence, and a copy of the selection certificate referred to in subparagraph 4.

A foreign national who cannot provide his or her birth certificate or act of birth, or that of his or her child, must explain the reasons in a declaration under oath in which, if applicable, the date of birth of the child is stated.

O.C. 583-2006, s. 15; S.Q. 2013, c. 28, s. 204.

16. The documents forming the parent’s application are to be filed with the childcare centre, day care centre or home childcare provider.

The home childcare provider receiving the documents must immediately forward them to the home childcare coordinating office that granted the provider’s recognition.

O.C. 583-2006, s. 16.

17. If the parent fulfils all the conditions required by the Act and this Regulation, the childcare centre, home childcare coordinating office or day care centre is to grant the application.

If the application is rejected, the decision must be in writing, contain reasons and be communicated to the parent. The decision must inform the parent of the right to apply to the Minister for a review of the decision, in accordance with section 87 of the Act.

In the case of a home childcare provider, the coordinating office that granted the provider’s recognition must notify the provider, within 5 working days, of the decision concerning the parent’s application.

O.C. 583-2006, s. 17.

18. A parent whose application has been granted is eligible for or exempted from the reduced contribution, as the case may be, as of the date on which the childcare begins, which cannot be prior to the date of the decision.

However, if the childcare provider is a home childcare provider, the decision takes effect on the date on which the childcare is provided, which cannot be more than 10 days prior to the date of the decision.

O.C. 583-2006, s. 18; O.C. 850-2008, s. 11; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

19. A parent must immediately notify the childcare provider of any change affecting the information or documents that were used to establish the parent’s eligibility for or exemption from the reduced contribution.

A home childcare provider must immediately notify the home childcare coordinating office that granted the provider’s recognition of those changes and of any modification to the childcare services agreement.

O.C. 583-2006, s. 19; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

20. If the childcare services agreement is terminated or the child ceases to receive childcare for more than 90 consecutive days, the childcare provider must give the parent a document attesting to the childcare provided and specifying

(1)  the dates on which attendance at the childcare centre, day care centre or home childcare facility began and terminated; and

(2)  the total number of days or half-days of childcare provided in the current reference year as consideration for the reduced contribution or for which the parent was exempted from the reduced contribution.

A home childcare provider must immediately forward a copy of the document to the home childcare coordinating office that granted the provider’s recognition.

O.C. 583-2006, s. 20; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

§ 2 . — Parent record

21. A centre and the coordinating office must keep, at its principal establishment, a record for each parent applying for the reduced contribution or for an exemption from it.

The record must contain

(1)  the duly completed application form;

(2)  a copy of the decision concerning the parent’s application;

(3)  for a parent who is eligible for the reduced contribution, the documents establishing that the parent has complied with the requirements of sections 14 and 15;

(4)  a copy of all correspondence between the centre or the coordinating office and the parent concerning the reduced contribution and, if applicable, between the home childcare provider and the coordinating office that granted the provider’s recognition; and

(5)  a copy of the childcare services agreement referred to in section 9 and of any special agreement entered into pursuant to section 10 between the parent and the childcare provider and any amendment to those agreements.

For the purposes of subparagraph 3, a photocopy certified to be true to the original by the childcare provider is considered to be a valid document.

O.C. 583-2006, s. 21; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

22. Each record must be maintained up-to-date and kept for 6 years after termination of the childcare.

O.C. 583-2006, s. 22.

§ 3 . — Additional information

23. If a parent pays or is exempted from the reduced contribution, the childcare provider must indicate the child’s attendance, for each day or half-day of childcare, as applicable, on the attendance card provided for in the Educational Childcare Regulation (chapter S-4.1.1, r. 2).

O.C. 583-2006, s. 23; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

24. The childcare provider must at all times be able to demonstrate to the Minister that the reduced contribution has been collected from the parent.

The childcare provider must be able to demonstrate the date and method of payment of the contribution and the number of days or half-days of childcare for which the contribution was paid, and keep books to enable that information to be verified.

O.C. 583-2006, s. 24; S.Q. 2015, c. 8, s. 178; S.Q. 2020, c. 5, s. 13.

DIVISION V OFFENCE AND FINAL

25. A childcare provider that contravenes any of the provisions of sections 6, 7, 10, 12 and 20 to 24 commits an offence under section 117 of the Act.

O.C. 583-2006, s. 25.

26. This Regulation replaces the Regulation respecting reduced contributions (O.C. 1071-97, 97-08-20).

O.C. 583-2006, s. 26.

27. (Omitted).

O.C. 583-2006, s. 27.

TRANSITIONAL

2014

(O.C. 781-2014) SECTION 2. The indexation of $0.30 is calculated on the basis of the average annual growth rate of subsidies for educational childcare services between 2010-2011 and 2013-2014. The amount is rounded to the nearest $0.10.

REFERENCES

O.C. 583-2006, 2006 G.O. 2, 2185

O.C. 850-2008, 2008 G.O. 2, 4581

S.Q. 2013, c. 28, s. 204

O.C. 781-2014, 2014 G.O. 2, 1823

S.Q. 2015, c. 8, ss. 176 to 178

O.C. 821-2018, 2018 G.O. 2, 2759

S.Q. 2016, c. 3, s. 128

S.Q. 2020, c. 5, ss. 12, 13 and 214