S-4.1.1, r. 2 - Educational Childcare Regulation

À jour au 28 octobre 2016

Ce document a valeur officielle.

chapter S-4.1.1, r. 2

Educational Childcare Regulation

Educational Childcare Act

(chapter S-4.1.1, s. 106).

The fees prescribed in the Regulation have been indexed as of 1 April 2016 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 26 March 2016, page 307. (ss. 13, 15)

CHAPTER I GENERAL

1. In this Regulation,

“attestation establishing that no impediment exists” means the document issued by a police force in Québec confirming that the data banks accessible to the force do not contain any information needed to verify the existence of an impediment; (attestation d’absence d’empêchement)

“attestation of information that may establish an impediment” means the document issued by a police force in Québec setting out information contained in the data banks accessible to the force that is needed to verify the existence of an impediment; (déclaration de renseignements pouvant révéler un empêchement)

“facility” means an integral group of premises including all play, service and traffic areas, and an outdoor play space if it is not situated in a public park, reserved exclusively for childcare provided by a permit holder and, where applicable, for the operations of a home childcare coordinating office during operating hours; (installation)

“impediment” means grounds for permit refusal set out in paragraphs 2 and 3 of section 26 and in the second paragraph of section 27 of the Act. (empêchement)

O.C. 582-2006, s. 1; O.C. 1314-2013, s. 1.

2. An applicant for a childcare centre permit or day care centre permit must have an investigation of information needed to verify the existence of an impediment carried out in respect of its directors and its shareholders, in the case of a legal person or in respect of himself or herself in the case of a natural person, and provide the Minister with a copy of the consent to investigation and the attestation establishing that no impediment exists or, as the case may be, an attestation of information that may establish an impediment, for the Minister’s assessment.

Every director or shareholder must consent in writing to an investigation of the information and communication of the consent to investigation and of the attestation establishing that no impediment exists or, after examining the attestation and if he or she maintains his or her candidacy or interest, to the attestation of information that may establish an impediment being provided to the permit applicant and to the Minister for the Minister’s assessment.

O.C. 582-2006, s. 2; S.Q. 2010, c. 39, s. 24; O.C. 249-2016, s. 1.

3. A person applying for recognition as a home childcare provider must have an investigation of the information needed to verify the existence of an impediment carried out in respect of himself or herself and every person of full age residing in the private residence where the childcare is to be provided.

The applicant must give to the accredited home childcare coordinating office for the territory in which the residence where the person proposes to provide the childcare is situated, for each person, a copy of the consent to investigation and an attestation establishing that no impediment exists or, as the case may be, after examining the attestation and if the applicant maintains his or her application, an attestation of information that may establish an impediment for its assessment.

The coordinating office must ensure that the consent allows investigation of all the information provided for in the second paragraph of section 27 of the Act.

O.C. 582-2006, s. 3; O.C. 1314-2013, s. 2.

4. A permit applicant or permit holder must ensure that no person of full age working in the applicant’s or holder’s facility during the hours when childcare services are provided, including a trainee or volunteer who is present on a regular basis, has an impediment related to the abilities and conduct required to hold a position in a childcare centre or a day care centre, unless the impediment relates to an indictable or criminal offence other than an offence listed in Schedule 2 to the Criminal Records Act (R.S.C. 1985, c. C-47) for which a pardon has been granted.

The same applies, with the necessary modifications, to the home childcare coordinating office staff members assigned to manage the office, to recognize or to monitor or provide technical and pedagogical support to the home childcare providers the office has recognized.

Before being hired, those persons must consent in writing to an investigation of the information needed to verify the existence of such an impediment and provide to the permit applicant or permit holder or coordinating office, as the case may be, a copy of the consent to investigation to allow the applicant, holder or coordinating office to ensure that the consent allows investigation of all the information listed in the second paragraph of section 27 of the Act. Those persons must also, if applicable, consent to communication of the attestation establishing that no impediment exists to the permit applicant, permit holder or coordinating office, as the case may be, or submit the attestation of information that may establish an impediment to the applicant, holder or office for assessment, after examining the attestation and if they maintain their application.

This section also applies to a person who regularly transports children on behalf of a permit holder.

O.C. 582-2006, s. 4; O.C. 1314-2013, s. 3.

4.1. A permit holder must ensure that, when a minor works in the facility, the minor is at all times accompanied by a person of full age when in the presence of children receiving childcare.

O.C. 1314-2013, s. 3.

4.2. A permit holder who has recourse to an organization or enterprise providing replacement childcare staff members must ensure that the organization or enterprise that dispatched the replacement staff members has carried out the investigations provided for in section 4, in the manner provided for in that section, before allowing the replacement staff members to work in the facility.

In the case of a replacement staff member, the permit holder must ensure that the replacement staff member has in his or her possession a copy of the consent and attestation, not older than 3 years, referred to in the third paragraph of section 4.

O.C. 1314-2013, s. 3.

5. The first paragraph of section 4 applies, with the necessary modifications, to a person assisting or occasionally replacing a home childcare provider, and to a trainee or a volunteer who is present on a regular basis in the residence where the childcare is provided.

Before taking up the position, those persons must consent in writing to an investigation of the information needed to verify the existence of such an impediment and provide to the coordinating office a copy of the consent to investigation to allow the coordinating office to ensure that the consent allows investigation of all the information listed in the second paragraph of section 27 of the Act. Those persons must also consent to communication of the attestation establishing that no impediment exists to the person applying for recognition as a home childcare provider and to the coordinating office, or submit the attestation of information that may establish an impediment to that person or office for assessment, after examining the attestation and if they maintain their application.

O.C. 582-2006, s. 5; O.C. 1314-2013, s. 4.

6. A permit holder or home childcare provider must ensure that a new consent to investigation and a new attestation are provided if

(1)  the last attestation dates back 3 years or more;

(2)  the person who provided the attestation or the childcare provider is made aware that the information it contains has changed; or

(3)  the person to whom it must be provided or the Minister, on being made aware that the information it contains has changed, requires a new attestation.

In the case of a change of director or shareholder, a permit holder must, within 60 days of the change, provide a consent to investigation and one of the attestations referred to in section 2 in respect of the new director or the new shareholder.

Sections 2, 3, 4 and 5 apply, as the case may be and with the necessary modifications, to the obtaining of the attestation referred to in this section.

O.C. 582-2006, s. 6; S.Q. 2010, c. 39, s. 25; O.C. 1314-2013, s. 5; O.C. 249-2016, s. 2.

CHAPTER II CHILDCARE CENTRE AND DAY CARE CENTRE PERMITS

DIVISION I PERMIT

§ 1 . — Capacity

7. A holder of a childcare centre permit or day care centre permit is authorized to provide childcare to not more than 80 children in a facility as per the following age class groups:

(1)  from birth to under 18 months of age;

(2)  from 18 months of age to under 4 years of age;

(3)  from 4 years of age to under 5 years of age on 30 September; and

(4)  from 5 years of age and older on 30 September.

O.C. 582-2006, s. 7.

8. The maximum number of children that may receive childcare in a facility is determined according to the net area and layout of the permit holder’s play areas and outdoor play space as well as the layout of the service and traffic areas.

O.C. 582-2006, s. 8.

9. A building may not house more than 2 facilities.

O.C. 582-2006, s. 9.

§ 2 . — Application

10. A permit applicant must send an application in writing to the Minister together with the following information and documents, as applicable:

(1)  the applicant’s name and address;

(2)  the name and address of the childcare centre or day care centre;

(3)  a certified true copy of its incorporating act;

(4)  a copy of the registration declaration or initial declaration entered in the enterprise register under the Act respecting the legal publicity of enterprises (chapter P-44.1) and of any declaration amending the declaration;

(5)  a certified true copy of the resolution authorizing the application;

(6)  the name and address of the residence of each member of the board of directors and each shareholder and, where applicable, their position as an officer of the legal person;

(7)  for the applicant or for each director or shareholder, consent to an investigation of the information needed to verify the existence of an impediment along with the attestation establishing that no impediment exists or the attestation of information that may establish an impediment, current to the date of the application;

(8)  the name and the address of the residence of each related person who is a permit holder;

(9)  the name and address of each facility where the children will receive childcare;

(10)  for each facility,

(a)  the age classes and maximum number of children to be accommodated in each class;

(b)  a copy of a duly registered title of ownership, a lease whose term is at least 5 years, or an authorization to occupy the premises without charge for at least 5 years, including the outdoor play space;

(c)  a plan of the layout of the premises signed and sealed by an architect; and

(d)  a true plan, to scale, of the outdoor play space referred to in section 39 together with a site plan for the play space showing its location in relation to the facility;

(11)  proof that the childcare staff meets the qualification requirements referred to in sections 20 and 22;

(12)  the educational program that will be applied, including the activities to achieve the objectives set out in section 5 of the Act;

(13)  the operating hours of the childcare centre or day care centre;

(14)  the general orientations and the policies governing the admission and expelling of children that will be applied;

(15)  the typical schedule of the activities to implement the educational program, including all outings and the meal and snack times;

(16)  the applicant’s procedure for processing complaints; and

(17)  where applicable, mention that the applicant already holds a permit issued under the Act or the Act respecting private education (chapter E-9.1).

O.C. 582-2006, s. 10; S.Q. 2010, c. 39, s. 26; O.C. 1314-2013, s. 6.

11. The applicant must, once the layout of the premises is complete, provide a certificate attesting to its compliance with the plans approved by the Minister in accordance with section 19 of the Act. The certificate must be issued by an architect or any other professional accredited by law to issue it.

O.C. 582-2006, s. 11; S.Q. 2010, c. 39, s. 27; O.C. 1314-2013, s. 6.

12. An applicant for a childcare centre permit must in addition provide

(1)  a certified true copy of a resolution certifying that the composition of the board of directors meets the requirements of section 7 of the Act, and stating the position of each member; and

(2)  a certified true copy of the general by-laws or, as the case may be, of the internal by-laws.

O.C. 582-2006, s. 12.

§ 3 . — Fees

13. A non-refundable fee of $1,562 is payable on the filing of a permit application.

That amount is adjusted on 1 April of each year based on a rate corresponding to the annual change in the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period ending on 31 December of the preceding year, as determined by Statistics Canada.

The adjusted amount is reduced to the nearest dollar if it contains a fraction of a dollar less than $0.50; it is increased to the nearest dollar if it contains a fraction of a dollar equal to or greater than $0.50.

The Minister is to publish the results of the adjustment in the Gazette officielle du Québec or give notice by such other means as the Minister considers appropriate.

O.C. 582-2006, s. 13; O.C. 1314-2013, s. 7; O.C. 249-2016, s. 3.

§ 4 . — Permit modification and renewal

14. A permit renewal application must be made at least 90 days prior to the expiry date of the permit. It must be accompanied by the information and documents required under sections 10 and 12 if the information and documents previously submitted are no longer accurate or are incomplete or outdated.

O.C. 582-2006, s. 14; O.C. 1314-2013, s. 8.

15. A non-refundable fee of $500 is payable on the filing of a renewal application.

That amount is adjusted as provided in section 13.

O.C. 582-2006, s. 15; O.C. 1314-2013, s. 9.

16. A permit holder must apply in writing to the Minister before increasing the number of children beyond the maximum stated on the permit and submit with the application an attestation from an architect or other professional authorized to do so establishing that the proposed capacity is not restricted by reason of an applicable Act or regulation and, if the increase entails an alteration of the facility, the plans required by section 18 of the Act.

O.C. 582-2006, s. 16.

16.1. A permit holder who, in accordance with sections 18 and 21 of the Act, wishes to alter a facility or add a new facility must apply in writing to the Minister and include the plans provided for under section 18.

The permit holder must, within 10 days after the layout of the premises is completed, provide a certificate attesting that they comply with the plans approved by the Minister in accordance with section 19 of the Act. The certificate must be issued by an architect or any other professional accredited by law to issue a certificate.

O.C. 1314-2013, s. 10.

§ 5 . — Cessation of operations

17. A permit holder must, at least 90 days before ceasing to operate, send written notice thereof to the Minister and the parents of the children attending the childcare centre or day care centre.

O.C. 582-2006, s. 17.

DIVISION II ADMINISTRATION OF A CHILDCARE CENTRE OR DAY CARE CENTRE

18. A permit holder must have the qualified staff necessary to ensure sound management and see to the operation of the childcare centre or day care centre in compliance with the obligations and responsibilities assigned to the permit holder by the Act and its regulations.

O.C. 582-2006, s. 18.

18.1. The permit holder is required to apply the educational program and to comply with the policy governing the admission and expelling of children and the procedure for processing complaints provided to the Minister.

Despite the provisions of section 14, any change to the elements described in the first paragraph must be sent to the Minister within 30 days after being adopted.

O.C. 1314-2013, s. 11.

§ 1 . — Childcare staff members

19. In this subdivision, “childcare staff member” means a staff member of a childcare centre or day care centre assigned to the implementation of the educational program for the children receiving childcare in the facility.

O.C. 582-2006, s. 19.

20. A permit holder must ensure that each childcare staff member holds a certificate not older than 3 years attesting that the member has successfully completed a minimum 8-hour early childhood first aid course including a component on the management of severe allergic reactions or a minimum 6-hour refresher course updating the knowledge acquired as part of the early childhood first aid course.

O.C. 582-2006, s. 20; O.C. 1314-2013, s. 12.

20.1. A permit holder who has recourse to an organization or enterprise providing replacement childcare staff members must ensure that the replacement staff member has in his or her possession the certificate provided for in section 20 and, where applicable, proof that the replacement staff member holds the qualification provided for in section 22 before allowing the replacement staff member to work in the facility.

O.C. 249-2016, s. 4.

21. A permit holder must ensure that the minimum number of childcare staff members present to look after the children receiving childcare in the holder’s facility respects the ratio of

(1)  one member for 5 or fewer children present under 18 months of age;

(2)  one member for 8 or fewer children present from 18 months of age to under 4 years of age;

(3)  one member for 10 or fewer children present from 4 years of age to under 5 years of age on 30 September; and

(4)  one member for 20 or fewer children present from 5 years of age and older on 30 September.

O.C. 582-2006, s. 21.

22. A childcare staff member holding a diploma of college studies in early childhood education or any other equivalent training recognized by the Minister, is qualified.

In assessing the equivalency, the Minister may take into consideration any of the following facts:

(1)  the applicant holds one or more diplomas obtained in Québec or elsewhere;

(2)  the applicant has successfully completed continuous training or refresher training activities; and

(3)  the applicant has acquired relevant experience.

O.C. 582-2006, s. 22.

23. A permit holder must ensure that at least 2 childcare staff members out of 3 are qualified and present each day with the children while childcare is being provided.

If the number of childcare staff members is less than 3, at least 1 of the members must be qualified.

O.C. 582-2006, s. 23.

23.1. A permit holder has until the fifth anniversary of the date of issue of the permit to comply with the provisions of section 23.

During this period, the permit holder must ensure that at least 1 childcare staff member out of 3 is qualified and present each day with the children while childcare is being provided.

If the number of childcare staff members is less than 3, at least 1 of the members must be qualified.

O.C. 1314-2013, s. 13; O.C. 249-2016, s. 5.

23.2. A permit holder whose permit has been modified to increase, by 8 or more, the maximum number of children that may be provided with childcare in the permit holder’s facility has until the fifth anniversary of the date of the modification to comply with the provisions of section 23.

During this period, the permit holder must ensure that at least 1 childcare staff member out of 3 is qualified and present each day with the children while childcare is being provided.

If the number of childcare staff members is less than 3, at least 1 of the members must be qualified.

O.C. 1314-2013, s. 13; O.C. 249-2016, s. 6.

24. When only one childcare staff member is present in a facility, the permit holder must ensure that an adult is available to replace the member if the member is required to leave owing to an emergency.

O.C. 582-2006, s. 24.

§ 2 . — Staff member records

25. A permit holder must keep the following up-to-date documents at the address where the holder operates a childcare centre or, in the case of a day care centre, at the address where childcare is provided,:

(1)  proof that the childcare staff members meet the requirements of sections 20 and 22; and

(2)  for persons working in the facilities who must provide them, including a trainee and a volunteer who are present on a regular basis, a copy of the consent and attestation establishing that no impediment exists, not older than 3 years, and the attestation of information that may establish an impediment, not older than 3 years, accompanied, if applicable, by a certified true copy of the board of directors’ resolution certifying that the person covered by the attestation has no impediment. However, if the attestation does not reveal any new impediment, the previous resolution is sufficient.

However, the permit holder is not bound by the obligations provided for in the first paragraph with respect to a replacement who holds in his or her possession the documents required under sections 4.2 and 20.1.

O.C. 582-2006, s. 25; O.C. 1314-2013, s. 14; O.C. 249-2016, s. 7.

26. The documents must be kept for 3 years after a staff member has left.

O.C. 582-2006, s. 26.

§ 3 . — Special provisions relating to the administration of a childcare centre

27. The members of the board of directors of a childcare centre permit holder elect from among their number a chair who must be a parent of a child receiving childcare.

O.C. 582-2006, s. 27.

28. A decision of the board of directors is validly made only if it is made by a majority of directors forming the majority required of parents of children receiving childcare.

O.C. 582-2006, s. 28.

DIVISION III LAYOUT OF A CHILDCARE CENTRE OR DAY CARE CENTRE FACILITY

29. In this Division,

“outdoor play area” means the outdoor play space with play equipment intended for the children; (aire extérieure de jeu)

“play area” means the dining room, rest room and spaces, other than service or traffic areas, intended solely for the games and activities of the children during the hours of childcare; (aire de jeu)e, staff room, kitchen, laundry room, storage spaces and other common utility spaces; (aire de service).

“traffic area” means corridors and hallways, halls, entrances and other clearly delimited spaces that link the rooms or that lead outside. (aire de circulation)

O.C. 582-2006, s. 29.

30. A permit holder must ensure that

(1)  the facility is provided with a mechanism for controlling access at all times during the hours of childcare;

(2)  room temperature is constant at not less than 20 °C; and

(3)  the relative humidity in a basement is not greater than 50% in any season.

O.C. 582-2006, s. 30.

§ 1 . — Play areas

31. A permit holder must have play areas in the facility that have a minimum net area determined as follows:

(1)  if the children are under 18 months of age, the minimum net area required is 4 m2 per child and for each group of 15 or fewer children, the space must be divided into at least 2 rooms, one for playing and the other for resting. The rooms must be separate, adjacent and closed, and must allow a direct view of the children, through a glass opening, from the play area to the rest room. Not more than 15 children at a time may be accommodated in each room; and

(2)  if the children are 18 months of age and older, the minimum net area required is 2.75 m2 per child. The space may be divided into a number of rooms and not more than 30 children at a time may be accommodated in each room, except for special activities.

O.C. 582-2006, s. 31.

32. The permit holder must ensure that the play area

(1)  have a window that remains unobstructed at all times through which the children may be viewed;

(2)  have, on the average, at least half of its floor/ceiling height above ground level, or have windows referred to in paragraph 6 that are entirely above ground level and whose bases are not more than 1.2 m from the floor;

(3)  have a minimum floor/ceiling clearance of 2.30 m over at least 75% of its net area and a minimum floor/ceiling clearance of at least 2.10 m at any given point in that area;

(4)  have walls covered with smooth, washable materials;

(5)  have floors covered with a washable material other than carpeting and that are not concrete, ceramic, terrazzo or other similar material;

(6)  have windows opening directly to the outside with a glass area that is never less than 10% of the floor area of a room. A windowless room is considered to be part of an adjoining room with windows provided that 60% of the common wall is entirely open; if any part of one of those rooms is more than 6 m from a source of natural light, the minimum glass area lighting the room must be equal to at least 15% of the total floor area;

(7)  be equipped with an artificial lighting system providing a minimum light level of 320 lux measured 1 m above the floor; and

(8)  be maintained at a relative humidity of at least 30% in the winter.

O.C. 582-2006, s. 32; O.C. 1314-2013, s. 15.

§ 2 . — Service area

33. A permit holder must have service areas in the facility that consist of

(1)  a kitchen if the meals are prepared by the staff, or a kitchenette; the kitchen or kitchenette must be closed or isolated by a door, a dutch door or a half-wall preventing the children from entering the kitchen or kitchenette;

(2)  a cloakroom for the children, unless the facility has a cloakroom in a traffic area that is not an exit;

(3)  one toilet and washbasin per group of 15 children for exclusive use by the childcare centre or day care centre during the hours of childcare, including at least one toilet and washbasin on each storey to which children have access if the facility has more than one storey. For the purposes of this paragraph, a mezzanine is considered to be a storey if it occupies more than 40% of the floor area of the storey on which it is located;

(4)  separate closed storage spaces for

(a)  food; and

(b)  cleaning accessories and products; and

(5)  (paragraph revoked);

(6)  an administration office if more than 20 children may receive childcare.

O.C. 582-2006, s. 33; O.C. 1314-2013, s. 16.

§ 3 . — Equipment and furnishings

34. A permit holder must equip the premises of every facility operated by the permit holder with

(1)  a refrigerator, a stove or hot plate and a sink installed in the kitchen or kitchenette;

(2)  a wired telephone accessible at all times to staff members;

(3)  a first aid kit that contains the items listed in Schedule I, is unlocked, kept out of the reach of the children, accessible at all times to staff members, and suitable in terms of quantities to the number of the children provided with childcare; and

(4)  at least one carbon monoxide detector on each storey, complying with the “CAN/CSA-6.19-Residential Carbon monoxide Alarming Devices” standard, installed and replaced in accordance with the manufacturer’s instructions.

O.C. 582-2006, s. 34; O.C. 1314-2013, s. 17; O.C. 249-2016, s. 8.

35. A permit holder must have, for the children receiving childcare,

(1)  games and educational material relevant to the educational program and suitable to the age and number of the children;

(2)  a sufficient number of seats and tables of a suitable size for the children;

(3)  a sufficient quantity of bedding, facecloths and towels; and

(4)  storage within the reach of the children for games and material.

On the premises where children under 18 months of age receive childcare, a permit holder must have a washable diaper changing table installed at a suitable height near a washbasin, and a closed container for soiled diapers. The same applies to premises where children 18 to 35 months of age receive childcare.

O.C. 582-2006, s. 35.

36. A permit holder must have, for each child under 18 months of age, a crib with posts and slats as described in section 37 and for each of the other children, a cot or a mattress having a washable cover.

The use of bunk beds, bassinets or cradles is prohibited.

O.C. 582-2006, s. 36; O.C. 1314-2013, s. 18.

37. When providing a crib with posts and slats or a playpen, a permit holder must ensure that the crib or playpen complies with the standards in the relevant regulations made under the Canada Consumer Product Safety Act (S.C. 2010, c. 21).

A modified crib or playpen must comply with those regulations and meet the requirements set out therein. In addition, the permit holder must be able to show that the crib or playpen has been tested according to the standards established in the regulations.

O.C. 1314-2013, s. 19.

38. A permit holder must ensure that circulation areas, play areas and service areas are safe, clean, well maintained and free of all obstacles that may block circulation or limit their use.

O.C. 582-2006, s. 38; O.C. 1314-2013, s. 20.

38.1. A permit holder must ensure that all equipment, furnishings and play materials on the premises are kept clean, in good condition or repaired so that they may be used as originally intended and disinfected regularly when the children are absent. The permit holder must also ensure that they are used safely and do not present any potential dangers by reason of their nature, the place where they are used and the presence of children.

O.C. 1314-2013, s. 20.

§ 4 . — Outdoor play spaces and outdoor play areas

39. A permit holder must provide the children with

(1)  an outdoor play space, enclosed by a safety fence at least 1.20 m in height, situated less than 500 m from the facility to which the permit holder has access during the hours childcare is provided and whose minimum area must be 4 m2 per child, allowing for at least one third of the maximum number of children stated on the permit to be accommodated at a time; or

(2)  an outdoor children’s play space in a public park within 500 m of the facility, delimited by a fence and accessible during the hours of childcare.

The play space must be suitably and safely laid out and, if it has an outdoor play area, that area must be adapted to the age of the children.

The distance of 500 m is measured by the shortest route taken to walk the distance safely.

O.C. 582-2006, s. 39.

39.1. A permit holder must ensure, where the outdoor play space is that referred to in subparagraph 1 of the first paragraph of section 39, that all the elements located therein are in good condition, kept clean and used safely and do not present any potential dangers by reason of their nature, the place where they are used and the presence of children.

O.C. 249-2016, s. 9.

40. A permit holder must ensure that an outdoor play space and the play equipment it contains comply with the “CAN/CSA-Z614-Children’s Playspaces and Equipment” standard of the Canadian Standards Association, as it reads on the day on which they are laid out.

The permit holder must, in addition, comply with the standard in connection with inspections and maintenance, draft the annual report mentioned and keep all the registers provided for therein.

A permit holder who modifies a play area or the play equipment it contains must apply the “CAN/CSA-Z614-Children’s Playspaces and Equipment” standard to the modification, as it reads on the day of the modification.

O.C. 582-2006, s. 40; O.C. 1314-2013, s. 21.

41. A permit holder who equips the outdoor play space with an outdoor play area and play equipment must, within 30 days of laying out the area, provide the Minister with a current layout certificate certifying that the outdoor play area and its play equipment comply with the requirements of the second paragraph of section 39 and the first paragraph of section 40. The certificate must be issued by an architect, engineer or technologist who is a member of his or her respective professional order or by a landscape architect who is a member of the Association des architectes paysagistes du Québec under which the landscape architect is authorized for that purpose.

O.C. 582-2006, s. 41.

42. A permit holder must, not later than 31 December of the third year following the year in which the certificate was issued, provide the Minister with a new certificate not older than 4 months.

O.C. 582-2006, s. 42; O.C. 1314-2013, s. 22.

43. A permit holder must notify the Minister in writing within 10 days of any change affecting the outdoor play area or play equipment. The permit holder must, on request, provide the Minister with a new certificate.

O.C. 582-2006, s. 43.

44. Sections 40 to 43 do not apply to an outdoor play area located in a public park.

O.C. 582-2006, s. 44.

CHAPTER III HOME CHILDCARE

DIVISION I HOME CHILDCARE COORDINATING OFFICE

45. A home childcare coordinating office must send to the Minister

(1)  within 30 days of accreditation, the contact information for each of its establishments and the business hours of the office;

(2)  within 6 months of accreditation, a certified true copy of a resolution certifying that the members of its board of directors meet the requirements of section 40.1 or 40.2 of the Act, as applicable; and

(3)  within 10 days of the Minister’s request, a description of the means the office takes to fulfil the obligations under section 42 of the Act.

The office must also notify the Minister of any change regarding the documents and information within 10 days of the change.

O.C. 582-2006, s. 45; S.Q. 2009, c. 36, s. 102.

46. A coordinating office must have the qualified personnel necessary to ensure the sound management of the office and fulfil the obligations and responsibilities assigned to the office by the Act and its regulations, in particular in relation to the monitoring and technical and pedagogical support offered to the providers it has recognized.

O.C. 582-2006, s. 46.

47. A person assigned to the monitoring of home childcare providers may not be assigned to the technical and pedagogical support offered to the providers.

O.C. 582-2006, s. 47.

48. A coordinating office must keep the following up-to-date information and documents at its principal establishment:

(1)  the register required under section 59 of the Act;

(2)  the documents certifying that the persons referred to in sections 46 and 47 meet the requirements of section 4;

(3)  a list of the persons the coordinating office has refused to recognize and the persons whose recognition has not been renewed or has been suspended or revoked or who have ceased their operations, and the reasons for the refusal, non-renewal, suspension or revocation;

(4)  a record of the complaints received regarding the home childcare providers it has recognized and the documents relating to the follow-up of the complaints;

(5)  a record for each home childcare provider it has recognized containing

(a)  the documents required under section 60 and, if applicable, the documents certifying that the person designated pursuant to section 81 to occasionally replace the childcare provider meets the requirements of section 5;

(b)  the documents certifying the coordinating office’s decision following the assessment of an attestation of information that may establish an impediment;

(c)  a copy of the notices, decisions, applications and replies the home childcare provider must send to the coordinating office or that the office must send to the provider under the Act or under sections 61, 62, 64, 65, 67, 68, 71, 72, 74, 76 to 79, 84, 86 and 97.1;

(d)  the reports referred to in sections 53, 66, 70, 73, 80 and 86; and

(e)  the documents certifying that the office meets the requirements of sections 57 and 59; and

(6)  a copy of the record of any person recognized as a home childcare provider who has ceased his or her operations in the territory of the office but has established a home childcare service in another territory.

O.C. 582-2006, s. 48; S.Q. 2007, c. 30, s. 20; O.C. 1314-2013, s. 23; O.C. 249-2016, s. 10.

48.1. A coordinating office must keep the record of a recognized home childcare provider or a copy of the record kept under paragraphs 5 and 6 of section 48 for 6 years following the date on which the home childcare provider ceases his or her operations.

O.C. 1314-2013, s. 24.

49. A coordinating office must, at least 90 days before ceasing to operate, send notice thereof to the Minister and the home childcare providers it has recognized.

The coordinating office must send the register referred to in section 59 of the Act to the Minister along with the notice.

Within 10 days of the Minister’s request, the coordinating office must send the records established under the Act or its regulations to the Minister or to any person designated by the Minister.

O.C. 582-2006, s. 49; S.Q. 2009, c. 36, s. 103.

50. The second and third paragraphs of section 49 apply, with the necessary modifications, to a coordinating office whose accreditation is not renewed or is revoked by the Minister.

O.C. 582-2006, s. 50.

DIVISION II RECOGNITION OF A PERSON AS A HOME CHILDCARE PROVIDER

§ 1 . — Conditions for recognition

§§ 1.  — Qualities required

51. To be recognized, a natural person must

(1)  be at least 18 years of age and authorized to work in Canada;

(2)  be able to be present at the home childcare service for all the hours of childcare, except in the cases provided for in section 81 and 81.1;

(3)  show the ability to communicate and establish a friendly relationship with the children and to collaborate with the parents and the coordinating office;

(4)  have the physical and mental health necessary to provide childcare;

(5)  be capable of offering a childcare environment that ensures the health, safety and well-being of the children to whom the person proposes to provide childcare;

(6)  have, in the private residence where the person proposes to provide childcare, sufficient space for the number and age of the children;

(6.1)  provide childcare services in a private residence where childcare services are not already provided;

(7)  be capable of leading and supervising children’s activities to implement the educational program;

(8)  hold a certificate not older than 3 years attesting successful completion of a minimum 8-hour early childhood first aid course including a component on the management of severe allergic reactions or a minimum 6-hour refresher course updating the knowledge acquired as part of the early childhood first aid course;

(8.1)  have successfully completed the training program specified in section 57 and, where applicable, the refresher training specified in section 59;

(9)  be covered by a civil liability insurance policy for an amount of at least $1,000,000 per claim with coverage extending to the person’s activities as a childcare provider and, where applicable, the activities of any adult assistant and the replacement staff members listed in section 81;

(10)  show that the natural person and the persons residing in the residence where the natural person proposes to provide childcare do not have an impediment related to the abilities and the conduct required for home childcare and that they will not impede the carrying out of the natural person’s responsibilities or constitute a moral or physical danger for the children to whom the person proposes to provide childcare; and

(11)  show that the natural person was not convicted of an offence under section 108.2 of the Act during the 2 years preceding the application.

O.C. 582-2006, s. 51; S.Q. 2010, c. 39, s. 28; O.C. 1314-2013, s. 25; I.N. 2014-05-01.

52. A natural person whose recognition has been revoked under section 75 or whose permit has been revoked under section 28 of the Act or has not been renewed pursuant to paragraphs 4 and 5 of that section in the 3 years preceding the application for recognition may not be recognized.

The same applies to a person who is a member of the board of directors of a permit holder whose permit has been revoked under section 28 of the Act or has not been renewed pursuant to paragraphs 4 and 5 of that section in the 3 years preceding the application for recognition.

O.C. 582-2006, s. 52.

53. Before a person is recognized as a home childcare provider, a coordinating office must first interview that person and each person over 14 years of age residing in the residence where the person proposes to provide childcare.

The coordinating office must, in addition, after making an appointment, visit the entire residence where the childcare will be provided and, where applicable, any outdoor yard that is to be used for the provision of childcare services and any outbuildings in the yard to ensure that they are safe and suitable in light, in particular, of the number and age of the children.

A report on the visit and interviews must be drawn up.

O.C. 582-2006, s. 53; O.C. 1314-2013, s. 26.

54. If the person applying for recognition intends to be assisted by another person, that person must

(1)  be at least 18 years of age;

(2)  have the ability to establish a friendly relationship with the children and adequately meet their needs;

(3)  have the physical and mental health necessary to provide childcare; and

(4)  hold a certificate not older than 3 years attesting successful completion of a minimum 8-hour early childhood first aid course including a component on the management of severe allergic reactions or a minimum 6-hour refresher course updating the knowledge acquired as part of the early childhood first aid course.

O.C. 582-2006, s. 54; O.C. 1314-2013, s. 27.

54.1. The home childcare provider must keep the following documents and information concerning any assistant:

(1)  a copy of the assistant’s act of birth or of any other document establishing the assistant’s identity and date of birth;

(2)  a description of the assistant’s work experience and education;

(3)  a physician’s certificate attesting that the assistant has the physical and mental health necessary to provide childcare;

(4)  the names, addresses and telephone numbers of 2 persons other than relatives who have known the assistant for at least 2 years and who are able to attest to the assistant’s ability to assist the home childcare provider; and

(5)  the documents showing that the assistant meets the requirements of paragraph 4 of section 54 and of section 58.

The home childcare provider must, on request, allow the coordinating office to consult and make copies of the documents. The home childcare provider must keep the documents for 3 years after the end of the employment relationship with the assistant.

O.C. 1314-2013, s. 28; O.C. 249-2016, s. 11.

55. A coordinating office may refuse to grant recognition if the person applying for recognition, a person who is of full age residing in the residence where the childcare is to be provided or the person who is to assist or occasionally replace the person, if applicable, has an impediment.

O.C. 582-2006, s. 55.

56. The home childcare provider must submit proof of insurance coverage once a year to the recognizing coordinating office.

O.C. 582-2006, s. 56.

§§ 2.  — Training

57. A home childcare provider, unless qualified as provided for in section 22, must have completed, in the 3 years preceding the application for recognition, a training program of at least 45 hours pertaining to

(1)  the role of a home childcare provider;

(2)  child development;

(3)  safety, health and diet; and

(4)  the educational program provided for in the Act.

At least 30 of the 45 hours of training must pertain to child development and the educational program.

O.C. 582-2006, s. 57; O.C. 1314-2013, s. 29.

58. The home childcare provider must ensure that any assistant, unless holding the qualification mentioned in section 22, has completed, within 6 months after beginning work, child development training of at least 12 hours.

If at the beginning of work, the assistant has already completed the training, it must not be older than 3 years.

O.C. 582-2006, s. 58; O.C. 1314-2013, s. 30.

59. The home childcare provider must take 6 hours of refresher training every year on the topics listed in subparagraphs 1 to 4 of the first paragraph of section 57, including at least 3 hours on child development and the educational program provided for in the Act.

A first aid course, or the training on food hygiene and safety required by the Regulation respecting food (chapter P-29, r. 1), may not be considered as refresher training.

O.C. 582-2006, s. 59; O.C. 1314-2013, s. 31.

§ 2 . — Terms and conditions of recognition

§§ 1.  — Granting of recognition

60. To be recognized, a natural person must submit a written application to the coordinating office accredited for the territory in which the residence where the person proposes to provide the childcare is situated, together with

(1)  a copy of the act of birth, Canadian citizenship certificate, permanent resident card or any other document establishing the applicant’s identity, date of birth and right to work in Canada;

(2)  a copy of the act of birth or any other document establishing the identity and date of birth of each child under 18 years of age who ordinarily lives with the applicant and an indication of the hours during which the child is present at the residence where the applicant proposes to provide the childcare;

(3)  a description of the applicant’s work experience and education;

(4)  a physician’s certificate attesting that the applicant has the physical and mental health necessary to provide childcare;

(5)  the names, addresses and telephone numbers of 2 persons other than relatives who have known the applicant for at least 2 years and who are able to attest to the applicant’s ability to act as a home childcare provider;

(6)  the address of the residence where the applicant proposes to provide the childcare;

(7)  the total number of children and, where applicable, the number of children under 18 months of age to whom the person proposes to provide childcare;

(8)  the days and hours of the childcare service including meal and snack times for the children and the scheduled closing days;

(9)  the educational program the applicant proposes to apply and a description of the educational activities and interventions to achieve the objectives set out in section 5 of the Act;

(10)  the documents certifying that the applicant meets the requirements of paragraphs 8, 8.1, 9 and 10 of section 51;

(11)  the emergency evacuation procedure established under section 90;

(12)  if the applicant is assisted by another person, the assistant’s name, address of the residence and telephone number;

(13)  for the applicant and, if applicable, the person who is to assist the applicant, and for each person of full age residing in the residence where the applicant proposes to provide the childcare, the attestation establishing that no impediment exists or, as the case may be, a copy of the consent to investigation of the information required to establish that no impediment exists and the attestation of information that may establish an impediment, current to the date of the application; and

(14)  a copy of the registration certificate for any firearm kept in the residence where the childcare is to be provided.

O.C. 582-2006, s. 60; S.Q. 2007, c. 30, s. 21; O.C. 1314-2013, s. 32; O.C. 249-2016, s. 12.

61. The coordinating office must notify the applicant in writing of its decision.

O.C. 582-2006, s. 61.

62. The notice of acceptance must contain

(1)  the effective date and expiry date of the recognition;

(2)  the number of children under 18 months of age and the maximum number of children to whom the applicant may provide childcare; and

(3)  the address of the residence where the childcare will be provided.

The coordinating office must send with the notice of acceptance the information referred to in subparagraph 1 of the first paragraph of section 45 and a description of the means the coordinating office proposes to take to satisfy the requirements of section 42 of the Act, and a copy of its accreditation.

The coordinating office must notify the recognized home childcare provider of any change regarding the information within 10 days of the change.

O.C. 582-2006, s. 62.

63. Subject to sections 68 to 71, a home childcare provider must operate in the territory of the recognizing coordinating office.

O.C. 582-2006, s. 63.

§§ 2.  — Changes affecting recognition

64. A home childcare provider must notify the recognizing coordinating office in writing of any change that may affect the terms and conditions of the recognition, within 10 days of the change.

The home childcare provider must within that same period send to the coordinating office the information and documents required under sections 51 and 60 if the information and documents previously submitted are no longer accurate or are incomplete or outdated.

In the case of a change of address, the home childcare provider must so notify the coordinating office and the parents of the children at least 30 days in advance.

O.C. 582-2006, s. 64.

64.1. A coordinating office that has reasonable grounds to believe that a recognized home childcare provider no longer meets the condition set out in paragraph 4 of section 51 may request that a new physician’s certificate meeting the requirements of paragraph 4 of section 60 be provided.

O.C. 1314-2013, s. 33.

65. A home childcare provider wishing to increase the number of children to whom childcare is to be provided must so notify the coordinating office.

O.C. 582-2006, s. 65.

66. On receiving notification of a change pursuant to section 64 or 65, the coordinating office may interview the home childcare provider or any other person concerned or, after making an appointment, verify the elements listed in section 53 concerning the change, in the manner provided for therein.

The coordinating office may require the home childcare provider to submit any information and document required under the Act and its regulations relating to the changes.

A report must be drawn up on the visit and interviews.

O.C. 582-2006, s. 66; O.C. 1314-2013, s. 34.

67. A home childcare provider who permanently ceases to provide childcare to a child must immediately so notify the recognizing coordinating office.

O.C. 582-2006, s. 67.

68. A home childcare provider who plans to cease to operate in the territory of the recognizing coordinating office and to establish a childcare service in another territory served by another coordinating office must so notify the coordinating offices at least 30 days in advance. The notice must state the coordinating office to which the record established under paragraph 5 of section 48 must be transferred, the address at which the home childcare provider intends to establish the new childcare service, and the date on which services will resume.

The home childcare provider must resume services not later than 60 days after the date on which operations cease in the territory of the coordinating office the home childcare provider is leaving.

O.C. 582-2006, s. 68; O.C. 1314-2013, s. 35.

69. The coordinating office must, within 10 days following receipt of the home childcare provider’s notice of cessation of operations, send, to the coordinating office in the territory where the home childcare provider proposes to operate, the original of the record established under paragraph 5 of section 48, and keep a copy of the record.

O.C. 582-2006, s. 69; O.C. 1314-2013, s. 36.

70. Not later than 15 days preceding the date scheduled for resumption of the home childcare provider’s operations, the coordinating office must interview the person concerned, visit the residence where the person proposes to provide childcare and, after making an appointment, verify for the same purposes the elements listed in section 53 in the manner provided for in that section.

The coordinating office may request that any information and document required under the Act and its regulations be submitted if the information and documents in the record are no longer accurate or are incomplete or outdated.

A report must be drawn up on the visit and interview.

O.C. 582-2006, s. 70; O.C. 1314-2013, s. 37.

71. The coordinating office must notify the home childcare provider that the recognition is maintained, unless it establishes the existence of a circumstance described in section 75, in which case sections 76 and 77 apply with the necessary modifications.

O.C. 582-2006, s. 71.

§§ 3.  — Renewal of recognition

72. The coordinating office must notify the home childcare provider that the recognition is to expire at least 150 days before the recognition expires.

A home childcare provider wishing to renew recognition must apply in writing not later than 120 days before the expiry of the recognition.

The application must contain the information and documents listed in section 60 if the documents previously submitted are no longer accurate or are incomplete or outdated.

O.C. 582-2006, s. 72.

73. The coordinating office must, before renewing recognition, interview the home childcare provider, each person over 14 years of age residing in the residence where the childcare is provided.

The coordinating office must also, after making an appointment, visit the residence while childcare is being provided to verify for the same purposes the elements listed in section 53 in the manner provided for in that section. It must also ensure compliance with the Act and the regulations, in particular concerning compliance with the conditions of recognition.

The coordinating office may require that any information and document required under the Act and its regulations be submitted if the documents in the record are no longer accurate or are incomplete or outdated.

A report must be drawn up on the visit and interviews.

O.C. 582-2006, s. 73; O.C. 1314-2013, s. 38.

74. On receiving a renewal application, the coordinating office must, not later than 30 days before the expiry of the recognition, render its decision and notify the home childcare provider in writing.

The coordinating office is to renew recognition if the home childcare provider meets the requirements and satisfies the terms and conditions of the Act and this Regulation for recognition. The coordinating office must so notify the home childcare provider as provided in section 62.

O.C. 582-2006, s. 74.

§§ 4.  — Non-renewal, suspension and revocation of recognition

75. The coordinating office may refuse to renew recognition or suspend or revoke the recognition of a home childcare provider if any of the following circumstances exist:

(1)  the provider has committed or authorized, consented to or participated in the commission of an offence under any of sections 53, 54, 58, 86 and 95 of the Act;

(2)  the provider refuses or neglects to comply with a notice of non-compliance issued by the Minister under section 65 of the Act;

(3)  the provider has committed or authorized, consented to or participated in the commission of an offence under any of sections 6, 54.1, 64, 65, 67, 78, 81 to 84, 87 to 108, 110 to 116 and 118 to 123;

(4)  the provider no longer meets the conditions or terms for recognition under the Act or this Regulation;

(5)  the health, safety or well-being of the children is endangered;

(6)  the provider made a false declaration or distorted a material fact in the application for recognition or in a document or information required under the Act or its regulations; or

(7)  the provider failed to remedy non-compliance with the Act or this Regulation observed during a visit made under section 86.

O.C. 582-2006, s. 75; O.C. 1314-2013, s. 39.

76. Before refusing to renew recognition or suspending or revoking the recognition of a home childcare provider, the coordinating office must notify the provider in writing of the reasons and give the provider an opportunity to submit observations within 15 days following receipt of the notice.

Despite the first paragraph, the coordinating office must immediately suspend the recognition of a home childcare provider if the provider or a person residing with the provider is accepted for evaluation by the director of youth protection. In that case, the coordinating office must immediately notify the provider and the parents of the children in writing and give the provider an opportunity to submit observations as soon as possible but, in all cases, within 10 days.

A person whose recognition is suspended under the second paragraph may not, on penalty of revocation of recognition, provide childcare during the suspension.

O.C. 582-2006, s. 76; O.C. 1314-2013, s. 40.

77. A certified true copy of the coordinating office’s decision with reasons must be sent to the home childcare provider. The decision must, where applicable, inform the provider of the right to contest the decision before the Administrative Tribunal of Québec and of the time limit set under section 104 of the Act.

O.C. 582-2006, s. 77.

78. A home childcare provider wishing to give up the recognition must so notify the recognizing coordinating office and the parents of the children, in writing, at least 30 days in advance.

The coordinating office is to revoke the recognition as of the day indicated by the provider.

O.C. 582-2006, s. 78.

79. A home childcare provider wishing to interrupt operations by reason of an illness, a pregnancy or the birth or adoption of a child may apply to the recognizing coordinating office to have the recognition suspended.

Except in the case of a preventive withdrawal of a pregnant home childcare provider, the application must be made at least 30 days before the scheduled date of the interruption and the parents of the children must be informed thereof within that period. In an emergency, the home childcare provider must apply to the coordinating office and inform the parents as soon as possible.

The coordinating office suspends recognition from the date indicated in the application for the period determined in the application or, in a case of illness, for the period determined by a physician’s attestation.

In the case of the preventive withdrawal of a pregnant home childcare provider, the coordinating office suspends recognition from the date of receipt of the certificate provided for in section 40 of the Act respecting occupational health and safety (chapter S-2.1) confirming the home childcare provider’s condition, and informs her of the suspension in writing. The home childcare provider must notify the parents of the children without delay.

O.C. 582-2006, s. 79; O.C. 1314-2013, s. 41.

79.1. In the cases provided for in section 79, the suspension of recognition cannot exceed 24 months, except in the case of a preventive withdrawal.

O.C. 1314-2013, s. 41.

79.2. A home childcare provider wishing to interrupt operations to take part in the negotiations or association activities provided for in the Act respecting the representation of certain home childcare providers and the negotiation process for their group agreements (chapter R-24.0.1) may apply to the recognizing coordinating office for a suspension of recognition.

The coordinating office, on instructions from the Minister, suspends recognition from the date indicated and for the period determined by the Minister. The Minister notifies the home childcare provider and the recognizing coordinating office, in writing. The home childcare provider must notify the parents of the children without delay of the interruption of operations.

O.C. 1314-2013, s. 41.

79.3. A home childcare provider whose recognition has been suspended pursuant to sections 79 and 79.2 and whose recognition expires during the suspension must, at least 60 days before the date scheduled for resumption of operations, submit an application for the renewal of recognition to the recognizing coordinating office, along with the information and documents listed in section 60, when those previously submitted are no longer accurate or are incomplete or outdated.

O.C. 1314-2013, s. 41.

80. Within 30 days of the date scheduled for resumption of the home childcare provider’s operations whose recognition has been suspended pursuant to sections 79 and 79.2, the coordinating office must interview the provider and each person over 14 years of age residing in the residence where the childcare is to be provided. The coordinating office must also visit, by appointment, the residence and verify the elements listed in section 53 in the manner provided therein.

The coordinating office may require any document required under the Act and its regulations if the available documents are no longer accurate or are incomplete or outdated.

A report must be drawn up on the visit and interviews.

O.C. 582-2006, s. 80; O.C. 1314-2013, s. 42.

§ 3 . — Replacement of provider

81. A home childcare provider must be able to rely on a person of full age available to replace the provider or the person assisting the provider if either person is required to leave owing to an emergency.

The provider may also designate a person of full age to occasionally replace the provider, or to replace an assistant.

O.C. 582-2006, s. 81; O.C. 1314-2013, s. 43.

81.1. A home childcare provider may only be replaced by an occasional replacement for a number of days representing 20% of the total number of days during which the home childcare service is open, calculated annually from the date of recognition of the home childcare provider.

O.C. 1314-2013, s. 44.

81.2. A home childcare provider must keep a register of replacements, indicating the name of the replacement staff member, the number of days of replacement and the number of hours per day of replacement.

The information in the register must be kept for a period of 3 years.

O.C. 1314-2013, s. 44.

81.3. A home childcare provider must, on request, allow the coordinating office to consult and make copies of the register.

O.C. 1314-2013, s. 44.

82. The occasional replacement must

(1)  be at least 18 years of age;

(2)  have the ability to establish a friendly relationship with the children and adequately meet their needs;

(3)  have the physical and mental health necessary to provide childcare; and

(4)  hold a certificate not older than 3 years attesting successful completion of a minimum 8-hour early childhood first aid course including a component on the management of severe allergic reactions or a minimum 6-hour refresher course updating the knowledge acquired as part of the early childhood first aid course.

O.C. 582-2006, s. 82; O.C. 1314-2013, s. 45.

82.1. The occasional replacement must, unless holding the qualification mentioned in section 22, have completed child development training of a duration of at least 12 hours not later than 6 months after beginning work.

O.C. 1314-2013, s. 45.

82.2. A home childcare provider must keep the following documents and information concerning an occasional replacement:

(1)  a copy of the occasional replacement’s act of birth or of any other document establishing the occasional replacement’s identity and date of birth;

(2)  a description of the occasional replacement’s work experience and education;

(3)  a physician’s certificate attesting that the occasional replacement has the physical and mental health necessary to provide childcare;

(4)  the names, addresses and telephone numbers of 2 persons other than relatives who have known the occasional replacement for at least 2 years and who are able to attest to the occasional replacement’s ability to replace the home childcare provider; and

(5)  the documents showing that the occasional replacement meets the requirements of paragraph 4 of section 82 and of section 82.1.

The home childcare provider must, on request, allow the coordinating office to consult and make copies of the documents. The home childcare provider must keep the documents for 3 years after the end of the employment relationship with the occasional replacement.

O.C. 1314-2013, s. 45; O.C. 249-2016, s. 13.

83. A home childcare provider who designates an occasional replacement must, prior to being replaced for the first time, submit proof to the coordinating office that the person meets the requirements of section 5.

O.C. 582-2006, s. 83.

84. A home childcare provider must notify the coordinating office of any change concerning the occasional replacement that relates to the requirements of this Regulation; if the change affects the information needed to verify the existence of an impediment, the coordinating office must require a new attestation.

O.C. 582-2006, s. 84.

85. A home childcare provider being replaced must take all reasonable means to inform the parents of the children as soon as possible.

O.C. 582-2006, s. 85.

§ 4 . — Monitoring

86. The coordinating office must make 3 unannounced visits per year to the residence while the childcare services are being provided to verify compliance with the Act and the regulations, including compliance with the conditions for recognition. The first visit must take place within 3 months after recognition is granted.

During each visit, the coordinating office verifies the premises and equipment used to provide childcare services, wherever they are located. It may also verify the compliance of the other elements provided for in the Act and regulations.

Unless it is acting in response to a complaint, the coordinating office does not verify any other rooms.

If the coordinating office finds that the Act or regulations are not being complied with, it must notify the home childcare provider in writing so that the provider remedies the non-compliance as soon as possible. The coordinating office must follow up on the situation.

The coordinating office may also make an unannounced visit to a home childcare provider following a complaint to verify the object and validity of the complaint. It must at that time inform the provider of the nature of the complaint during the visit.

A report must be drawn up on the visits and follow-up to a complaint.

O.C. 582-2006, s. 86; O.C. 1314-2013, s. 46.

DIVISION III HOME CHILDCARE RESIDENCE, EQUIPMENT AND FURNISHINGS

O.C. 582-2006, Div. III; O.C. 1314-2013, s. 47.

87. A home childcare provider must ensure that the residence include a kitchen, an area designated for eating, a room with sanitary facilities and a room for children’s games and activities with a window to the outside.

Any room the use of which is reserved solely to members of the home childcare provider’s family and that is not part of the residence’s common spaces must be equipped with a door that is closed at all times or an expansion gate that complies with section 105 while childcare is being provided, unless an adult is in the room.

O.C. 582-2006, s. 87; O.C. 1314-2013, s. 48.

88. A home childcare provider must ensure that the rooms and shared spaces are safe clean, properly maintained, well ventilated and at a temperature of at least 20 °C.

O.C. 582-2006, s. 88; O.C. 1314-2013, s. 49.

89. If children in diapers are accommodated, the residence must include at least one area designated for diaper changing.

O.C. 582-2006, s. 89; O.C. 1314-2013, s. 50.

90. A home childcare provider must establish emergency evacuation procedures and organize drills for that purpose each time a new child is accepted or at least once every 6 months.

O.C. 582-2006, s. 90.

91. A home childcare provider must equip the residence where the childcare is provided with

(1)  a telephone, other than a cellphone;

(2)  a first aid kit that contains the items listed in Schedule I, is unlocked, kept out of the reach of the children, accessible to the home childcare provider and any replacement or assistant, and is suitable in terms of quantities to the number of the children receiving childcare;

(3)  at least 1 smoke detector on each storey;

(3.1)  at least 1 carbon monoxide detector on each storey, complying with the “CAN/CSA-6.19-Residential Carbon monoxide Alarming Devices” standard, installed and replaced in accordance with the manufacturer’s instructions;

(4)  at least 1 easily accessible fire extinguisher; and

(5)  games and educational material suitable for the age and number of children and relevant to the implementation of the educational program.

O.C. 582-2006, s. 91; O.C. 1314-2013, s. 51; O.C. 249-2016, s. 14.

92. A home childcare provider must ensure that the equipment, furnishings and play material used are kept clean. The provider must also keep them in good condition or repair them so that they may be used as originally intended.

O.C. 582-2006, s. 92.

93. A home childcare provider must provide a crib with posts and slats or a playpen to each child under 18 months of age. Despite the foregoing, if a child is regularly accommodated for the night, the provider must provide a crib with posts and slats for the child to sleep in.

The provider must provide a bed, a cot or a mattress with a washable cover suitable for the child’s size to each child 18 months of age or older.

The provider must also provide the bedding to cover each child that must be used only by that child until the bedding is washed.

O.C. 582-2006, s. 93.

94. Cribs with posts and slats, cradles and playpens used by a home childcare provider must comply with the standards enacted by the relevant regulations made under the Canada Consumer Product Safety Act (S.C. 2010, c. 21).

A modified crib or playpen must comply with those Regulations, be tested according to the standards and meet all the requirements set out therein.

O.C. 582-2006, s. 94; O.C. 1314-2013, s. 52.

95. A home childcare provider who uses a playpen at times other than during the child’s sleep periods may do so only for short periods.

O.C. 582-2006, s. 95.

96. A home childcare provider must not place a child for a sleep or rest period in a room with a person over 14 years of age.

O.C. 582-2006, s. 96.

97. A home childcare provider must ensure that any climbing apparatus, swing, slide or similar equipment installed outdoors has smooth surfaces with no sharp edges, is safe and is installed according to the manufacturer’s instructions.

O.C. 582-2006, s. 97.

97.1. If a firearm is kept in the residence where childcare is provided, the home childcare provider must ensure that it is stored out of the sight and reach of the children. In addition, the home childcare provider must notify the parents of this in writing, and send a copy of the notice, duly signed by the parents, to the coordinating office that recognized the provider.

S.Q. 2007, c. 30, s. 22.

CHAPTER IV PROVISIONS APPLICABLE TO ALL CHILDCARE PROVIDERS

98. A childcare provider must allow the parent of a child to have access at all times to the childcare premises or residence, as the case may be, when the child is present.

O.C. 582-2006, s. 98; O.C. 1314-2013, s. 53.

99. A childcare provider must ensure that no alcoholic beverage is drunk on the premises or in the residence where childcare is provided, during the hours when childcare is provided.

O.C. 582-2006, s. 99; O.C. 1314-2013, s. 54.

DIVISION I SAFETY AND SALUBRITY

100. A childcare provider must ensure that the children to whom childcare is provided are constantly supervised and that special attention is given to the children when they are using play equipment.

O.C. 582-2006, s. 100.

101. A childcare provider must post near the telephone provided for in section 34 or 91, as the case may be, a list of the telephone numbers for

(1)  the Centre antipoison du Québec;

(2)  the person designated as the emergency replacement person under section 24 or the first paragraph of section 81; and

(3)  the nearest health and social services centre, or the health and social services centre serving the territory.

The childcare provider must also ensure that the following lists are kept close to the telephone:

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

(2)  a list of the telephone numbers of the parent of each child.

O.C. 582-2006, s. 101; O.C. 1314-2013, s. 55.

102. In the case of an illness or serious accident, the necessary medical assistance must immediately be called and, if possible, the child must be isolated from the group and placed under the supervision of an adult.

The childcare provider must notify the parent or any other person designated by the parent as soon as possible.

O.C. 582-2006, s. 102.

103. A childcare provider must ensure that toys are safe, non toxic, washable, robust, suitable for the age of the children and in proper operating condition, and comply with the safety standards prescribed by the relevant regulation under the Canada Consumer Product Safety Act (S.C. 2010, c. 21).

O.C. 582-2006, s. 103; O.C. 1314-2013, s. 56.

103.1. A childcare provider must ensure that the bedding used by each child is identified and stored separately and does not come into contact with the bedding of another child.

O.C. 1314-2013, s. 56.

104. A childcare provider must ensure and be able to demonstrate at all times that any climbing apparatus, swing, slide or similar equipment installed indoors has smooth surfaces with no sharp edges, is safe and is installed and used according to the manufacturer’s instructions and conditions of use.

O.C. 582-2006, s. 104; O.C. 1314-2013, s. 57.

105. A childcare provider must ensure that any expansion gates, expandable enclosures, carriages and strollers for babies and children used comply with the relevant regulations made under the Canada Consumer Product Safety Act (S.C. 2010, c. 21).

O.C. 582-2006, s. 105; O.C. 1314-2013, s. 58.

106. A childcare provider who uses a portable wading pool must disinfect the pool prior to use and ensure that it is emptied when not in use.

O.C. 582-2006, s. 106; O.C. 1314-2013, s. 59.

107. A childcare provider must ensure that no child is left in a bed or on a mattress at times other than the scheduled sleep and rest periods, unless the child is ill or has had an accident.

O.C. 582-2006, s. 107.

108. A childcare provider must ensure that no child placed in a bed is restrained.

O.C. 582-2006, s. 108.

109. A childcare provider other than a home childcare provider must not allow animals on the premises.

O.C. 582-2006, s. 109.

110. A childcare provider must, when providing meals and snacks to children, ensure that the meals and snacks comply with Canada’s Food Guide published by Health Canada.

O.C. 582-2006, s. 110.

111. If a child is on a special diet prescribed by a member of the Collège des médecins du Québec, the childcare provider must follow the parent’s written instructions for the meals and snacks to be served to that child.

O.C. 582-2006, s. 111.

112. A childcare provider other than a home childcare provider must post the weekly menu for consultation by the staff and parents and ensure that the meals and snacks served to the children conform to the menu.

A home childcare provider must inform parents of the contents of the meals and snacks served to the children.

O.C. 582-2006, s. 112.

113. All food prepared on or brought onto the premises must be kept and served by the childcare provider under sanitary conditions at the appropriate temperature.

O.C. 582-2006, s. 113.

114. Unless prevented from doing so by inclement weather, a childcare provider must ensure that the children are taken outdoors every day to a safe place where they can be supervised.

O.C. 582-2006, s. 114.

114.1. The childcare provider must ensure that access to the facility or residence where childcare is provided is controlled during the hours when childcare is provided.

O.C. 1314-2013, s. 61.

115. A childcare provider may use a television or other audiovisual equipment only if such use is part of the educational program.

O.C. 582-2006, s. 115.

DIVISION II MEDICATION, INSECT REPELLANT, TOXIC PRODUCTS AND CLEANING PRODUCTS

O.C. 582-2006, Div. II; O.C. 1314-2013, s. 62.

§ 1 . — Keeping, administration and labelling of medication

O.C. 582-2006 sd. 1; O.C. 1314-2013, s. 62.

116. A childcare provider may not keep any medication that is not in its original container or packaging, as the case may be, clearly labelled and marked with the name of the person for whom it is intended.

However, a home childcare provider is only subject to the provisions of the first paragraph with regard to medication for the children receiving childcare.

O.C. 582-2006, s. 116; O.C. 1314-2013, s. 62.

117. Subject to the provisions of section 120, the childcare provider must ensure that only medication provided by a parent of the child for whom it is intended is administered to that child.

The label on the container must clearly state the child’s name, the name of the medication, the expiry date, the dose and the duration of the treatment.

O.C. 582-2006, s. 117; O.C. 1314-2013, s. 62.

118. The childcare provider must ensure that medication intended for a child receiving childcare is only kept and administered if its administration is authorized in writing by the parent and by a health care professional authorized by law to prescribe the medication. The information recorded by the pharmacist on the label identifying the medication is proof of the authorization by the health care professional.

A childcare provider may not keep medication for children that has expired. If the medication was provided by a parent, it must be returned to the parent.

O.C. 582-2006, s. 118; O.C. 1314-2013, s. 62.

119. The written authorization from the parent must include the child’s name, the name of the medication to be administered, the instructions for administration, the duration of the authorization and the parent’s signature.

O.C. 582-2006, s. 119; O.C. 1314-2013, s. 62.

120. Despite section 118, the childcare provider may administer saline nasal drops, an oral hydration solution, diaper rash cream, lubricant jelly in single-dose packs for taking a child’s temperature, moisturizing cream, lip balm, calamine lotion or sunscreen cream to a child without the authorization of an accredited health care professional.

With the exception of a saline nasal drops, moisturizing cream and lip balm, the childcare provider may supply the medication referred to in the first paragraph. However, if the medication is provided by the parent, the container must be clearly marked with the name of the child concerned.

Despite the provisions of the second paragraph of section 117, the information on the original container or packaging for the lubricant jelly, lip balm and moisturizing cream is sufficient.

O.C. 1314-2013, s. 62.

121. Despite sections 116 and 118, a childcare provider may supply, keep and administer acetaminophen to any child without the authorization of a accredited health care professional, but only in accordance with the protocol in Schedule II duly signed by the parent.

However, if the acetaminophen is supplied by the parent, its container must be clearly marked with the name of the child concerned.

O.C. 582-2006, s. 121; O.C. 1314-2013, s. 62.

121.1. A permit holder must designate one or more persons, in writing, to administer medication in each facility.

The permit holder must ensure that only a designated person administers medication to a child.

A home childcare provider or, in the absence of the home childcare provider, a replacement provided for in section 81 may also administer medication to a child receiving childcare.

O.C. 1314-2013, s. 62.

121.2. The childcare provider must keep a medication administration sheet for each child receiving childcare.

The medication administration sheet must contain the name of the child, the name of the parent, the name of the medication for which the parent authorizes administration, the date and hour of administration to the child, the dose administered, the name of the person who administered the medication, and that person’s signature.

However, the childcare provider is not required to record information, on the sheet, concerning the administration of a medication provided for in section 120, except calamine lotion and oral hydration solution.

The childcare provider must ensure that a person who administers medication records that fact on the sheet.

O.C. 1314-2013, s. 62.

121.3. The childcare provider must keep the medication administration sheet, the administration protocols and the authorizations, if required, in a file reserved for that purpose, kept on the premises and available for consultation by a person administering medication.

The original copy of the file and the documents it contains must be given to the parent when childcare services are no longer required for the child. A copy of the file and of the documents it contains must be kept for 3 years after the childcare ceases.

O.C. 1314-2013, s. 62.

§ 2 . — Storage of medication

O.C. 1314-2013, s. 62.

121.4. A childcare provider must ensure that medication is stored in a storage space out of the reach of children and away from food, toxic products and cleaning products. The permit holder must keep the storage space locked.

However, oral hydration solutions need not be stored away from food or under lock and key.

Similarly, saline nasal drops, diaper rash cream, lubricant jelly, moisturizing cream, lip balm and sunscreen cream need not be stored under lock and key.

Epinephrine auto-injectors need not be stored under lock and key and must be accessible to staff members and the home childcare provider, a replacement or an assistant.

O.C. 1314-2013, s. 62.

121.5. A home childcare provider must store the medication intended for children receiving care separately from other medication used in the residence where childcare is provided.

O.C. 1314-2013, s. 62.

§ 3 . — Keeping, administration and storage of insect repellents

O.C. 1314-2013, s. 62.

121.6. The childcare provider must ensure that no insect repellent is kept or administered to a child receiving childcare except in accordance with the protocol in Schedule II, duly signed by the parent.

The childcare provider must ensure that the insect repellent is clearly labelled, kept in its original container, and stored in a storage space out of the reach of children and away from food and medication. The permit holder must keep the storage space locked.

O.C. 1314-2013, s. 62.

121.7. The permit holder must designate, in writing, one or more persons to apply insect repellent in each facility.

The permit holder must ensure that only a designated person applies insect repellent.

A home childcare provider or, if the home childcare provider is absent, a replacement provided for in section 81, may also apply insect repellent to a child receiving childcare.

O.C. 1314-2013, s. 62.

121.8. The childcare provider must ensure that a person who applies insect repellent records that fact on the sheet provided for in section 121.2.

O.C. 1314-2013, s. 62.

§ 4 . — Labelling and storage of toxic products and cleaning products

O.C. 1314-2013, s. 62.

121.9. The childcare provider must ensure that toxic products and cleaning products are clearly labelled and stored out of the reach of children in a locked storage space reserved for that purpose.

For the purposes of the first paragraph, a product stored in a locked storage space, in a room that is not accessible to the children receiving care and is locked at all times when the staff are not present, is considered to be out of the reach of children.

Similarly, a product stored under lock and key in the residence where home childcare is provided is considered to be out of the reach of children.

Despite le first paragraph, an alcohol-based hand sanitizer dispenser, provided it is out of the reach of children, need not be stored under lock and key.

O.C. 1314-2013, s. 62.

DIVISION III REGISTRATION AND ATTENDANCE CARDS

122. A childcare provider must keep for each child, in accordance with section 58 of the Act, a registration card recording

(1)  the name, date of birth, address and telephone number of the child and the language understood and spoken by the child;

(2)  the names, addresses and telephone numbers of the parent, a person authorized to pick up the child and a person designated as an emergency contact;

(3)  the date of admission of the child and the days or half-days of attendance per week;

(4)  the parent’s instructions concerning the measures to be taken for the child’s health in an emergency and any conditions for authorizing the participation of the child in organized outings while the childcare is being provided; and

(5)  information on the health and diet of a child who requires special care and, where applicable, the name, address and telephone number of the child’s physician.

The card must be signed by the parent and kept on the premises where the childcare is provided and given to the parent when childcare is no longer required.

O.C. 582-2006, s. 122; O.C. 1314-2013, s. 63.

123. A childcare provider must keep, in accordance with section 58 of the Act, an attendance card recording

(1)  the names of the parent and child;

(2)  the dates and days or half-days of the child’s attendance; and

(3)  the date as of which childcare is no longer required.

The attendance card must be updated daily and signed by the parent every 4 weeks. The card must be accessible on the premises where the childcare is provided and kept for 6 years after termination of childcare.

O.C. 582-2006, s. 123; O.C. 249-2016, s. 15.

CHAPTER IV.1 ADMINISTRATIVE PENALTIES

S.Q. 2010, c. 39, s. 29.

123.1. A person designated by the Minister for that purpose may impose an administrative penalty after ascertaining that a permit holder has failed to comply with a non-compliance notice issued under section 65 of the Act for a contravention of any of sections 4, 4.1, 6, 16.1, 18.1, 20, 21, 23 to 23.2, 25, 30 to 43 and 100 to 123.

The amount of the administrative penalty is $250.

S.Q. 2010, c. 39, s. 29; O.C. 1314-2013, s. 64.

123.2. A person who owes a recoverable amount is required to pay the following fees:

(1)  $50 for a certificate issued under section 101.15 of the Act;

(2)  $175 for each measure taken to secure a debt pursuant to Title III of Book VI of the Civil Code and for each measure taken pursuant to Chapter IV of Title 1 of Book VIII of the Code of Civil Procedure (chapter C-25.01).

O.C. 1314-2013, s. 65; I.N. 2016-01-01 (NCCP).

CHAPTER V OFFENCES

124. A permit holder that contravenes any of the provisions of sections 4, 4.1, 6, 17, 20, 21, 23 to 26, 30, 34, 38 to 38.1, 40 to 43 and 98 to 123 commits an offence under section 117 of the Act.

O.C. 582-2006, s. 124; O.C. 1314-2013, s. 66.

125. The holder of an accreditation as a home childcare coordinating office that contravenes any of sections 45 and 47 to 49 commits an offence under section 117 of the Act.

O.C. 582-2006, s. 125.

CHAPTER VI TRANSITIONAL AND FINAL

126. A permit holder who, on 30 August 2006, is authorized to provide childcare in a facility that does not meet the requirements of the definition of the word “facility” in section 1, may continue to provide the childcare in that facility and apply for renewal of the permit on the same conditions if the other requirements of the Act and its regulations are met.

O.C. 582-2006, s. 126.

127. Despite section 7, a permit holder who, on 30 August 2006, is authorized under the permit to provide childcare to more than 80 children in a facility may apply for renewal of the permit for the same number of children if the other requirements of the Act and its regulations are met.

O.C. 582-2006, s. 127.

128. The prohibition in section 9 respecting the number of facilities in the same building does not apply to the facilities operated by a permit holder on 30 August 2006.

O.C. 582-2006, s. 128.

129. The following persons are deemed to be qualified as provided by section 22:

(1)  a member of the childcare staff who, on 30 August 2006, has the qualifications required by sections 17, 18 and 18.1 of the Regulation respecting childcare centres (O.C. 1069-97, 97-08-20) or sections 9, 9.0.1 and 9.0.2 of the Regulation respecting day care centres (O.C. 1971-83, 83-09-28) as they read on that date;

(2)  a person who, since 31 May 2004, has been enrolled in a program of studies leading to one of the qualification requirements set out in section 17 of the Regulation respecting childcare centres or section 9 of the Regulation respecting day care centres as they read on that date, as of the date the person completes the program; and

(3)  a person who, since 31 May 2004, has been enrolled in any of the courses leading to the qualification requirement set out in subparagraph 4 of the first paragraph of section 17 of the Regulation respecting childcare centres or subparagraph 4 of the first paragraph of section 9 of the Regulation respecting day care centres as they read on that date, as of the date on which the person completes the course.

O.C. 582-2006, s. 129.

130. Every person who, since 31 May 2004, has obtained an attestation in childcare studies or family studies or is in the process of acquiring the experience leading to the qualification requirement set out referred to in subparagraph 5 of the first paragraph of section 17 of the Regulation respecting childcare centres (O.C. 1069-97, 97-08-20) or subparagraph 4 of the first paragraph of section 9 of the Regulation respecting day care centres (O.C. 1971-83, 83-09-28) as they read on that date is deemed to have the qualifications required on the date the person acquires the 3 years of experience required therein.

O.C. 582-2006, s. 130.

131. A person who, on 30 August 2006, holds a day care permit has until 31 August 2011 to comply with the requirements of section 23.

During that time, at least 1 of the permit holder’s childcare staff members out of 3 must have one of the qualifications required by that section.

O.C. 582-2006, s. 131.

132. (Revoked).

O.C. 582-2006, s. 132; O.C. 1314-2013, s. 67.

133. (Revoked).

O.C. 582-2006, s. 133; O.C. 1314-2013, s. 68.

134. Sections 31 and 32 apply to a person holding a permit on 30 August 2006, subject to the vested rights recognized and any waiver granted by the Minister under the Act respecting childcare centres and childcare services (chapter C-8.2), the Regulation respecting childcare centres (O.C. 1069-97, 97-08-20) or the Regulation respecting day care centres (O.C. 1971-83, 83-09-28).

O.C. 582-2006, s. 134.

135. Two permit holders who, on 30 August 2006, occupy the same outdoor play space described in subparagraph 1 of the first paragraph of section 39 may continue to occupy the space provided that the surface area of the space is at least 4 m2 per child, allowing for at least one third of the sum of the maximum number of children stated on each permit to be accommodated.

O.C. 582-2006, s. 135.

136. (Obsolete).

O.C. 582-2006, s. 136.

137. This Regulation replaces the Regulation respecting childcare centres made by (O.C. 1069-97, 97-08-20), and the Regulation respecting day care centres (O.C. 1971-83, 83-09-28).

O.C. 582-2006, s. 137.

138. (Omitted).

O.C. 582-2006, s. 138.

SCHEDULE I

(ss. 34 and 91)

FIRST AID KIT CONTENTS

A basic first-aid manual

At least 1 pair of bandage scissors

At least 1 pair of splinter forceps

Several pairs of disposable gloves

A disposable protective device used for cardiopulmonary resuscitation

Individually wrapped sterile adhesive bandages of various shapes and sizes

Sterile gauze compresses (102 mm × 102 mm)

Individually wrapped sterile bandage compresses

Roll of hypoallergenic adhesive tape (25 mm × 9 m)

Rolls of sterile gauze bandage (50 mm × 9 m and 102 mm × 9 m)

Eye bandages

Individually wrapped antiseptic swabs to disinfect hands

Alcohol swabs to disinfect instruments

At least one digital thermometer with disposable tips to take axillary temperature

Triangular bandages

Safety pins

Sealable plastic bags to hold contaminated objects

O.C. 582-2006, Sch. I; O.C. 1314-2013, s. 69.

SCHEDULE II

(s. 121 and 121.6)

PROTOCOLS

(1) PROTOCOL FOR ADMINISTERING ACETAMINOPHEN TO TREAT FEVER

Acetaminophen is the generic name of the medication that is commercially available under the following brand names: Atasol, Tempra, Tylenol and other house brand names. Acetaminophen has analgesic (pain-reducing) and antipyretic (fever-reducing) properties, but does not have anti-inflammatory properties. Although it is an over-the-counter medication, its use should not be taken lightly.

Under the Educational Childcare Regulation (chapter S-4.1.1, r. 2), acetaminophen may be administered without medical authorization to a child receiving childcare, provided it is administered in accordance with this Protocol and that a parent has given written consent. The parent must declare any known allergy to acetaminophen. If a child is allergic to it, acetaminophen must not be administered by the childcare service. The child’s weight must be stipulated in kilograms on the authorization form, and must be verified by the parents (a parent’s initials are required) at least every 3 months.

A parent is not required to consent to the application of this Protocol. However, if a parent does not sign the authorization form, the medication may not be administered to the child unless the parent and a member of the Collège des médecins du Québec give written authorization.

BASIC RULES

Under this Protocol, acetaminophen may be administered solely to reduce fever. It may not be administered:

— to children under 3 months of age (a child under 3 months of age who has a fever should be taken to see a physician);

— to relieve pain (a child who is in pain should be taken to see a physician);

— for more than 48 consecutive hours (2 days);

— to children who have received medication containing acetaminophen in the preceding 4 hours.

In those 4 cases, the Protocol does not apply and written authorizations from a physician and the parent are required to administer the medication.

Acetaminophen must never be administered before taking the child’s temperature using a thermometer.

Childcare providers may have their own acetaminophen container, in which case the brand name, the dosage form (e.g. liquid suspension) and the concentration (80 mg/ml, 80 mg/5 ml or 160 mg/5 ml) must be indicated on the authorization form.

Childcare providers who purchase acetaminophen at the pharmacy must be careful to buy products containing only acetaminophen. Products that combine acetaminophen with other medications (decongestants, cough-relieving agents, expectorants) are strictly prohibited. Childcare providers should not hesitate to ask the pharmacist for advice, so as to purchase a product with the correct concentration of acetaminophen and at the best price. House brand names of acetaminophen sold in pharmacies are all as effective as brandmarks and are often less expensive.

To minimize the risk of mistakes, childcare providers should keep only the liquid form of acetaminophen, at one concentration (80 mg/ml, 80 mg/5 ml or 160 mg/5 ml). If they provide care only for children under 18 months of age, it is recommended that they use a concentration of 80 mg/ml. If they provide care only for children over 18 months of age, it is recommended that they use a concentration of 80 mg/5 ml or of 160 mg/5 ml. Childcare providers who provide care for children of all ages should select and keep to hand only one of the three available concentrations (80 mg/ml, 80 mg/5 ml or 160 mg/5 ml).

Liquid acetaminophen should be used. With tablets, it is not possible to give an accurate dose, especially to children under 5 years of age. Tablets should therefore be avoided.

Childcare providers must ensure that all the acetaminophen in their possession has a valid expiry date. Acetaminophen that is outdated must be returned to the pharmacy, where it will be destroyed.

All forms of acetaminophen must be kept under lock and key, out of the reach of children.

It is strictly forbidden to use acetaminophen formulated for adults (500 mg and 325 mg tablets).

Any administration of acetaminophen must be recorded on the medication administration sheet. The parent must be informed of the number of daily administrations and times of administration.

WHAT YOU SHOULD KNOW

What is fever?

Fever is defined as a body temperature that is higher than normal. Normal temperature may vary somewhat depending on the child, the time of day, the outdoor temperature and the level of activity. The cause of the fever is more important than the temperature itself.

It is generally considered that there is fever if the temperature is above the normal temperature range when measured with a thermometer. Normal temperature varies depending on where the measurement is taken.

Levels above which fever is present, depending on the measurement method

  
Measurement method                         Level in degree Celsius   
                                           (°C) above which a child is
                                           considered to have a fever                               

Oral (mouth)                               38 °C and over

Rectal (rectum)                            38.5 °C and over

Tympanic (ear)                             38.5 °C and over

Axillary (underarm)                        37.5 °C and over

  

How to take a child’s temperature

The only sure way to measure fever is to take the child’s temperature. A child’s temperature must be checked whenever the child’s general condition (frantic crying, loss of energy, change in general condition, loss of appetite, irritability, etc.) or physical symptoms (flushed cheeks, excessively warm skin, sweating) could be signs of fever. Rectal measurement is the most reliable method, and underarm measurement is the least reliable.

The following measures are recommended:

— take the rectal temperature of children under 2 years of age. At that age, to know if they have a fever, the axillary temperature may also be taken (underarm). If it is equal to or greater than 37.5 °C, a second reading should be taken rectally to confirm that the child does in fact have a fever;

— take the axillary (underarm) or tympanic (ear) temperature of children between 2 and 5 years of age;

— take the oral (mouth) temperature of children over 5 years of age only. The tympanic (ear) temperature may also be taken;

— use the appropriate thermometer. Glass and mercury thermometers should not be used because of the risk of accidental exposure to mercury if they break. Fever strips (strips placed on the forehead or cheeks) are not recommended because they do not give accurate readings. Digital thermometers are recommended;

— always use disposable plastic tips because they are more hygienic. In addition, always disinfect the thermometer properly between uses, in accordance with the manufacturer’s recommendations;

— apply a water-based lubricant jelly or petroleum jelly from a single-dose sachet to the disposable plastic tip before taking a child’s temperature rectally;

— if the child has just been physically active or has drunk a cold or hot liquid, wait for 20 minutes before taking his or her temperature;

— always comply with the time requirements for the thermometer being used, since it will vary from one thermometer to the next.

WHAT YOU SHOULD DO

Children under 3 months of age

If a child under 3 months of age has a fever, that is, if the rectal temperature is 38.5 °C or above:

— dress the child comfortably, in lightweight clothing;

— have the child drink at more frequent intervals;

— keep an eye on the child and take the child’s temperature again after 60 minutes, or sooner if the child’s condition seems to be worsening;

— notify the parent immediately, ask the parent to come and pick up the child and, in the meantime, apply the measures listed above;

— if the parent cannot come to pick up the child, call the persons designated by the parent as emergency contacts, and if they cannot be reached, take the child to a medical service, to the local community service centre or to a hospital emergency department; do not administer acetaminophen without a written medical authorization for the child.

Children 3 months of age or older

If a child 3 months of age or older has a fever, that is, if the rectal temperature is 38.5 °C or above or if the axillary temperature is 37.5 °C or above if a child is over 2 years of age:

— dress the child comfortably, in lightweight clothing;

— have the child drink at more frequent intervals;

— keep an eye on the child and take the child’s temperature again after 60 minutes, or sooner if the child’s condition seems to be worsening;

— inform the parent of the child’s condition;

— if the childcare provider considers it necessary, acetaminophen may be administered to relieve the child, according to the dosage guidelines in the table included in this Protocol, or the dosage instructions on the medication container, in accordance with the rules in this Protocol;

— one hour after administering acetaminophen, take the child’s temperature again; if the temperature has not fallen or if the child’s general condition has not improved, ask the parent to come and pick up the child. If the parent cannot be reached, call the persons designated by the parent as emergency contacts, and if they cannot be reached, take the child to a medical service, to the local community service centre or to a hospital emergency department.

Calculating and administering a dose of acetaminophen

It is not always necessary to administer medication to reduce fever if the child has no other symptoms.

When you administer acetaminophen:

— Check the child’s weight in the file. For the treatment to be effective, weight and not age should be used to determine the dose. If in doubt, contact the parent to check the child’s weight.

— Always use simple words, appropriate to the child’s age, to explain the relationship between his or her condition, the medication being taken and the expected results.

— Wash your hands before handling the medication.

— Always check:

— the name of the product on the container, to make sure it really is acetaminophen;

— the acetaminophen concentration (80 mg/ml, 80 mg/5 ml or 160 mg/5 ml) shown on the medication container, before deciding on the dose to be administered;

— the product’s expiry date;

— Use the table in this Protocol or follow the manufacturer’s instructions to decide the dose that will be administered.

— Never exceed the dose shown in the table in this Protocol or that shown on the medication container.

— When administering acetaminophen in liquid form, always measure the dose accurately, using an oral syringe or medicine dropper calibrated in milliliter; never use a kitchen spoon. An oral syringe graduated in milliliter is particularly recommended because it produces a more accurate measurement.

— If the acetaminophen is a liquid suspension, shake the container before removing the dose.

— Once the dose has been measured using the calibrated oral syringe or medicine dropper, pour the medication into a medicine spoon or goblet calibrated in milliliter, and administer it to the child; never put a medicine dropper or syringe directly into a child’s mouth, unless it is disposable. If the spoon or goblet is to be used again, it must be washed in very hot water after use.

— Wash your hands after administering the medication.

Acetaminophen doses based on the child’s weight

Child’s               Volume of medication to be administered, by acetaminophen
weight                                      concentration                      

Kilograms (kg)             80 mg/ml          80 mg/5 ml          160 mg/5 ml   

 4.3 -  5.3                 0.8 ml              4 ml               2.0 ml   

 5.4 -  6.3                 1.0 ml              5 ml               2.5 ml

 6.4 -  7.4                 1.2 ml              6 ml               3.0 ml

 7.5 -  8.5                 1.4 ml              7 ml               3.5 ml

 8.6 -  9.5                 1.6 ml              8 ml               4.0 ml

 9.6 - 10.6                 1.8 ml              9 ml               4.5 ml

10.7 - 11.7                 2.0 ml             10 ml               5.0 ml

11.8 - 12.7                 2.2 ml             11 ml               5.5 ml

12.8 - 13.8                 2.4 ml             12 ml               6.0 ml

13.9 - 14.9                 2.6 ml             13 ml               6.5 ml

15.0 - 15.9                 2.8 ml             14 ml               7.0 ml

16.0 - 17.0                 3.0 ml             15 ml               7.5 ml

17.1 - 18.1                 3.2 ml             16 ml               8.0 ml

18.2 - 19.1                 3.4 ml             17 ml               8.5 ml

19.2 - 20.2                 3.6 ml             18 ml               9.0 ml

20.3 - 21.3                 3.8 ml             19 ml               9.5 ml

21.4 - 22.3                 4.0 ml             20 ml              10.0 ml

22.4 - 23.4                 4.2 ml             21 ml              10.5 ml

23.5 - 24.5                 4.4 ml             22 ml              11.0 ml

24.6 - 25.5                 4.6 ml             23 ml              11.5 ml

25.6 - 26.6                 4.8 ml             24 ml              12.0 ml

26.7 - 27.7                 5.0 ml             25 ml              12.5 ml

27.8 - 28.7                 5.2 ml             26 ml              13.0 ml

28.8 - 29.8                 5.4 ml             27 ml              13.5 ml

29.9 - 30.9                 5.6 ml             28 ml              14.0 ml

31.0 - 31.9                 5.8 ml             29 ml              14.5 ml

32.0 - 33.0                 6.0 ml             30 ml              15.0 ml

33.1 - 34.1                 6.2 ml             31 ml              15.5 ml

34.2 - 35.1                 6.4 ml             32 ml              16.0 ml

  

— The dosages shown in the chart above are based on a maximum dose of 15 mg/kg.

— The dosage unit may be repeated every 4 to 6 hours.

— Do not exceed 5 doses in a 24-hour period.

Mistakes when administering doses

If, after administering the medication, you find that the dose was too high, it is important to react immediately by contacting the Centre antipoison du Québec (1 800 463-5060) and following the instructions given. The child’s parent must be informed.

WARNING

Ibuprofen (Advil, Motrin and other brands)

A clear distinction must be made between acetaminophen and ibuprofen. Ibuprofen must never be given to a child under 6 months of age.

Although both medications have fever-reducing properties, they must not be confused because they belong to different classes of medications and work differently. Ibuprofen must not, under any circumstances, be substituted for acetaminophen for the purposes of this Protocol. Care must be taken never to confuse ibuprofen and acetaminophen or substitute one for the other.

This Protocol may be applied as indicated, even if the child was given ibuprofen at home before being brought to the childcare service, regardless of the time that has elapsed. There is no reason why acetaminophen should not be given to a child to whom ibuprofen has been administered, since the 2 medications do not work in the same way.

OTHER MEDICATIONS:

Because of the availability of an increasing number of combination medications containing acetaminophen and another pharmaceutical product, greater care is needed when applying this Protocol. For example, a number of cough syrups contain acetaminophen.

Good communication between the parents and the person authorized to administer the medication is important. The person authorized to administer the medication must know what medication the child was given in the 4 hours before arriving at the childcare service and must ask the parent if it contained acetaminophen. At the same time, the parent must be informed of the doses of acetaminophen administered at the childcare centre, and the times of administration. There must be at least 4 hours between 2 doses of acetaminophen.

AUTHORIZATION FORM FOR THE ADMINISTRATION OF ACETAMINOPHEN

A parent is not required to consent to the application of this Protocol. However, if a parent does not sign the authorization form, acetaminophen many not be administered to the child unless the parent and a member of the Collège des médecins du Québec give written authorization. A parent may limit the period of validity of the authorization by indicating the duration of the authorization in the space provided.

I hereby authorize

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(name of childcare centre, day care centre, person recognized as a home childcare provider, as the case may be, or person designated under section 81 of the Educational Childcare Regulation, where applicable) to administer to my child, in accordance with this Protocol, acetaminophen sold under the following brand name:

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Child’s surname and given name

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Child’s weight

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Weight in kilos Date Parent’s initials

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Authorization period.

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Parent’s signature Date

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This Protocol is an adaptation of a protocol prepared by the Ministère de la Famille, reviewed by the Association des pédiatres du Québec, reviewed by representatives of the Ministère de la Santé et des Services sociaux, in 2010 and in 2013 and approved by the Association des pédiatres du Québec in 2013. The information it contains reflects the state of knowledge on the subject in 2013.

(2) PROTOCOL FOR APPLYING INSECT REPELLENT

Under the Educational Childcare Regulation, insect repellent may be applied without medical authorization to a child receiving childcare, provided it is applied in accordance with this Protocol and that a parent has given written consent.

A parent is not required to consent to the application of this Protocol. However, if a parent does not sign the authorization form, the insect repellent may not be applied to a child unless the parent and a member of the Collège des médecins du Québec give written authorization.

BASIC RULES

The insect repellent used must contain DEET with a concentration of no more than 10% (N,N-diethyl-m-toluamide); read the product label carefully because the concentration of DEET varies significantly from product to product. Other insect repellents (e.g. citronella, lavender) are not recommended.

Childcare providers may have their own insect repellent container; the brand name, the form (lotion, cream, gel, liquid, non-aerosol or aerosol spray) and the concentration of the active ingredient DEET must be indicated on the authorization form. When purchasing an insect repellent, care is needed to avoid confusing the product required with insecticides designed to kill insects, which must not, under any circumstances, be applied to the body. Only personal insect repellents bearing a Pest Control Product registration number and labelled for human use by Health Canada should be used. Lastly, it is forbidden to use “2 in 1” products that act as both an insect repellent and a sunscreen. The reason for this is that sunscreen must be applied generously to all exposed skin and under clothing, to protect the child from the harmful effects of the sun, while an insect repellent should be applied in small amounts and never under clothing. It is for this reason that “2 in 1” products are not recommended.

To avoid confusion, it is recommended that childcare providers should keep only one type of insect repellent on hand. The product must be stored under lock and key, out of reach of the children. During outings, it is important to ensure that insect repellent is never within reach of the children.

Repeated or excessive applications of insect repellent are unnecessary for effectiveness; it is recommended that the repellent be applied sparingly to the skin or clothing. The product should not be used for extended periods of time.

Under no circumstances should insect repellent be applied:

— to the eyes or mucous membranes;

— to open wounds or broken skin;

— to irritated or sunburned skin;

— under clothing;

— to the hands;

— to the face; or

— in excessive amounts.

If a person gets insect repellent in his or her eyes, rinse immediately with plenty of water.

Insect repellents may not be used on children under 6 months of age without written authorization from a parent and a physician. Preventive measures must therefore be used to protect children of this age from mosquitoes (see the precautionary measures for children under 6 months of age).

It is recommended that insect repellent be applied only once a day to children between 6 months and 2 years of age, and a maximum of 3 times a day to children over 2 years of age.

Before the period of the year when mosquitoes appear (spring), it is recommended that the DEET-based products used by the childcare service should first be tested on the children to avoid undesirable reactions when they are brought into more general use. To do this, a small amount of insect repellent should be applied to a small area of the child’s skin (the size of a coin), preferably on the inside of the forearm, and left there for 24 hours. It is suggested that testing be done in the morning to see how well the children tolerate the product throughout the day, and then observe the results the following day. It is important to let parents know that the test will be done on that day. If a reaction occurs (e.g. rash, swelling), wash the treated skin immediately, inform the parent and suggest that the child be taken to see a physician. Make sure the parent has a list of the product’s ingredients for the physician. The results of the test should be written in the child’s file. Insect repellent should not be used on a child who reacts to the test, except with a written recommendation from a physician.

An insect repellent and sunscreen can both be used if they are not combined into one product. When a sunscreen and an insect repellent are used, it is recommended that the sunscreen should have a sun protection factor (SPF) of 30, and that the insect repellent be applied at least 20 minutes after the sunscreen. Sunscreens lose approximately 30% of their effectiveness when DEET is applied.

Insect repellent must be applied in well-ventilated areas away from food.

Any application of insect repellent must be recorded in the register of medications prescribed by the Regulation and the parent must be informed of the number of daily applications.

PRECAUTIONARY MEASURES

Insect repellent should be used only during periods when mosquitoes are abundant or if the area around the childcare service serves as a breeding ground for mosquitoes, and only after the precautionary measures below have been taken.

To avoid insect bites when outside, the children must

— wear a long-sleeved sweater and long pants that ideally fit tightly at the wrists and ankles;

— wear loose-fitting, light-coloured clothes made of a tightly-woven fabric;

— wear shoes and socks;

— avoid using perfumed products; and

— avoid going outside at times of the day when mosquitoes are most abundant, such as early morning or late afternoon.

To prevent mosquitoes from breeding in the area around the childcare service:

— eliminate any source of standing water, which is conducive to mosquito breeding;

— turn over any objects that are not stored indoors, such as boats, wading pools, gardening containers and children’s toys;

— cover outdoor garbage cans and any other container that may collect water;

— replace pool or wading pool water or make sure it is treated daily;

— use insect screens in the areas where younger children play; and

— repair damaged insect screens as quickly as possible.

Prevent children under 6 months of age from coming into contact with mosquitoes by using mosquito netting on strollers and by using screened-in verandas.

WHAT YOU SHOULD KNOW

DEET-based products remain the preferred and most effective insect repellents against a wide variety of insects; insect repellents with a DEET concentration of less than 10% provide 2 to 3 hours of protection.

Although the safety of these products has been proven, they may pose certain risks, especially to children, if they are misused. DEET is partially absorbed through the skin and may make its way into the bloodstream. It may also accumulate in the body fat, brain and heart. A few cases of poisoning have been cited in the literature. However, there is little risk to human health if insect repellents are used with discretion and only occasionally.

Applying insect repellent to clothing (except synthetics or plastic material) may be a way of decreasing the risk of poisoning. However it is important to ensure that the children do not put clothing treated with DEET in their mouths, or touch it and accidentally get repellent in their eyes. DEET-based products can cause severe eye irritation.

In choosing a product, the following benefits and inconveniences should be considered:

— Insect repellents in the form of a lotion, gel or cream are generally easy to apply, but heavy application should be avoided.

— Insect repellents in non-aerosol or aerosol spray form require additional caution. They should not be applied in closed or poorly-ventilated areas to avoid breathing in the harmful fumes, and care must be taken to avoid getting repellent on children’s faces or hands. In addition, it is preferable for the person applying the insect repellent to first spray it onto his or her own hands before applying the product to the child.

WHAT YOU SHOULD DO

Insect repellent must always be applied by a person authorized to do so. Under no circumstances should children be allowed to apply insect repellent themselves, regardless of their age.

When you go outdoors with the children, you must:

— apply the precautionary measures; and

— follow the steps below to apply the insect repellent:

— use simple words to explain to the child the relationship between the situation, the insect repellent being applied and the expected results;

— ask the children in a way that they understand not to touch with their hands the parts of their body or clothing on which insect repellent has been applied, not to put their fingers in their mouth or eyes, and not to chew clothing on which repellent has been applied;

— wash your hands before handling the product;

— read the product label carefully before applying, and make sure that the DEET concentration is less than 10% and that the product does not contain sunscreen;

— preferably, wear gloves to apply the product;

— put a small amount of the product in your hand, and apply it sparingly to exposed areas of skin or to clothing;

— make sure the children do not touch the areas to which the insect repellent has been applied. If they do so, they should wash their hands with soapy water;

— wash your hands after applying the insect repellent to all the children in the group, even if you wore gloves to apply it.

Wash the treated skin with soap and water when the children come inside or when protection is no longer needed. This is particularly important if insect repellent is applied several times in the same day or on several consecutive days. This recommendation should also be passed on to the parents.

AUTHORIZATION FORM FOR THE APPLICATION OF INSECT REPELLENT

A parent is not required to consent to the application of this Protocol. However, if a parent does not sign the authorization form, insect repellent may not be applied to a child unless the parent and a member of the Collège des médecins du Québec give written authorization. A parent may limit the period of validity of the authorization by indicating the duration of the authorization in the space provided.

I hereby authorize

---

(name of childcare centre, day care centre, person recognized as a home childcare provider, as the case may be, or person designated under section 81 of the Educational Childcare Regulation, where applicable) to use on my child, in accordance with this Protocol, insect repellent sold under the following brand name:

---

Brand name, form (lotion, cream, gel, liquid, non-aerosol or aerosol spray) and concentration of the active ingredient DEET

---

Child’s surname and given name

---

Authorization period

Parent’s signature Date

This Protocol, originally prepared by the Ministère de la Famille, was reviewed by representatives of the Ministère de la Santé et des Services sociaux, in 2010 and in 2013 and approved by the Association des pédiatres du Québec in 2013. The information it contains reflects the state of knowledge on the subject in 2013.

O.C. 582-2006, Sch. II; O.C. 1314-2013, s. 69.

TRANSITIONAL

2013

(O.C. 1314-2013) SECTION 70. Despite section 15 of the Educational Childcare Regulation as amended by section 9 of this Regulation, a fee of $88 is payable on the filing of an application for a permit renewal application between 1 April 2013 and 31 March 2014. The fee increases to $225 for an application filed between 1 April 2014 and 31 March 2015 and to $365 for an application filed between 1 April 2015 and 31 March 2016.

SECTION 71. The provisions of section 57 of the Educational Childcare Regulation as it read before the amendment made by section 29 of this Regulation apply to a person who, on 1 April 2014, is a recognized home childcare provider, for as long as that person remains a recognized home childcare provider.

SECTION 72. The provisions of section 58 of the Educational Childcare Regulation as it read before the amendment made by section 30 of this Regulation apply to a person who, on 1 April 2014, assists a recognized home childcare provider, for as long as that person remains an assistant.

SECTION 73. A home childcare coordinating office that, in accordance with the provisions of paragraph 12 of section 60 of the Educational Childcare Regulation as it read before the amendment made by section 32 of this Regulation, holds the documents listed in that paragraph has until 30 June 2014 to transfer them to a recognized home childcare provider.

SECTION 74. A person who, on 1 April 2014, acts as an occasional replacement has until 30 September 2014 to comply with section 82.1 of the Educational Childcare Regulation, as introduced by section 45 of this Regulation.

SECTION 75. A home childcare provider who designated an occasional replacement on or before 1 April 2014 has until 30 September 2014 to comply with the provisions of section 82.2 of the Educational Childcare Regulation, as introduced by section 45 of this Regulation.

REFERENCES

O.C. 582-2006, 2006 G.O. 2, 2161

S.Q. 2007, c. 30, ss. 20 to 22

S.Q. 2009, c. 36, ss. 102 and 103

S.Q. 2010, c. 39, ss. 24 to 29

S.Q. 2010, c. 7, s. 282

S.Q. 2010, c. 40, s. 92

O.C. 1314-2013, 2014 G.O. 2, 15

O.C. 249-2016, 2016 G.O. 2, 1435