Early Learning and Child Care Regulations

made under Section 15 of the

Early Learning and Child Care Act

R.S.N.S. 1989, c. 120

O.I.C. 2010-456 (effective April 1, 2011), N.S. Reg. 193/2010

amended to O.I.C. 2020-296 (effective October 27, 2020), N.S. Reg. 165/2020

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

Citation

Definitions for Act and regulations

Exempted services

Licensing

Form of licence

Licence must be displayed

Licence proposal

Applying for licence

Applying for licence renewal

Applying for change to licence

Approval for alteration

No commitment to fund

Cancellation, suspension, refusal to renew

Inspections

Agency’s duties

Family home consultant’s duties

Agency may approve care provider and family child-care home

Maximum number of children for care provider

Compliance and enforcement standards

Building and space requirements

Exemptions from building and space requirements

Equipment requirements

Outdoor play equipment and space requirements for facilities

Outdoor play space requirements for family child-care homes

Nutrition

Infant feeding safety

Health, safety and communicable disease control

Administering medicine to child

Child abuse

Notable situations

Serious incidents

File required for each child

Daily record of attendance

Family communications plan

Daily log book requirement

Supervision

Staff-to-children ratios

Facility must be administered by director

Facility staffing requirements

Orientation training

Application for classification or school-age training approval

Entry level classification

Level 1 classification

Level 2 classification

Level 3 classification

School-age training approval

Continuing professional development for facility staff

Cancellation of classification or school-age training approval

Qualifications for facility directors and designates

Qualifications for family home consultants

Requirements for care providers

Record checks

Parent handbook

Information required to be posted

Notice to parents of significant changes

Parent committee

Fire Code defined

Emergency rules and procedures for facilities and family child-care homes

Emergency and fire safety procedures for play groups

Transportation

Minister may make payments

Minister may approve demonstration projects

Minister may enter into agreement

Child care fee subsidies

Advisory committees

Form 1: Licence for Full-day Program, Part-day Program or School-age Program

Form 2: Family Home Child-Care Agency

Citation

1 These regulations may be cited as the Early Learning and Child Care Regulations.

Definitions for Act and regulations

2 (1) In these regulations,

“Act” means the Early Learning and Child Care Act;

“accessible”, in relation to a building or outdoor play space, means able to accommodate persons with disabilities;

“agency director” means a person who provides daily onsite supervision of an agency;

“attending school” means attending a public or private school under the Education Act and does not include attending a pre-primary program;

“Department” means the Department of Education and Early Childhood Development;

“facility director” means a person who provides daily onsite supervision of a facility;

“family communications plan” means the communications plan required for a licensee or care provider by Section 32A;

“family home consultant” means a person hired by an agency to provide services and support to care providers as required by Section 7A of the Act;

“former regulations” means either of the following, as applicable:

(i) the regulations respecting day care, N.S. Reg. 195/79, made by the Governor in Council by Order in Council 79-1556 dated November 27, 1979,

(ii) the Family Home Day Care Program Regulations, N.S. Reg. 241/2007, made by the Governor in Council by Order in Council 2007-241 dated April 24, 2007;

“full-day program” means a child-care program that is not a family home child-care program and that

(i) provides child care for children who are not attending school, and

(ii) is operated for more than 4 consecutive hours per day or more than 30 hours per week;

“infant” means a child who is younger than 18 months old;

“inspection” means an examination or inspection in accordance with Section 8 of the Act;

“level 1 classification” means a staff classification issued by the Minister under Section 37C;

“level 2 classification” means a staff classification issued by the Minister under Section 37D;

“level 3 classification” means a staff classification issued by the Minister under Section 37E;

“operate” includes manage;

“orientation training” means orientation training for facility staff that is approved by the Minister;

“parent handbook” means the parent handbook required by Section 44;

“part-day program” means a child-care program that is not a family home child-care program and that

(i) provides child care for children who are older than 30 months old and are not attending school, and

(ii) is operated for fewer than 4 consecutive hours per day and fewer than 30 hours per week;

“play group” means a play group provided by an agency for children enrolled in the family child-care homes managed by the agency;

“pre-primary child” means a child who is attending a pre-primary program;

“preschooler” means a child who is 36 months old or older and is not attending school;

“private school” means a private school as defined in the Education Act;

“public school” means a public school as defined in the Education Act;

“recognition of prior learning program” means the assessment process approved by the Minister for a person to demonstrate the professional competencies required to obtain level 2 classification;

“school-age child” means a child who is attending school and is not older than 12 on December 31 of the school year;

“school-age program” means a child-care program that provides child care for children attending school or a pre-primary program;

“school-age training approval” means the staff training granted by the Minister under Section 37F;

“staff” means paid employees of a licensee and does not include care providers;

“staff-to-children ratio” means the ratio representing the minimum number of staff required by these regulations;

“toddler” means a child who is between 18 months old and 35 months old, inclusive.

(2) In Section 8 of the Act and in these regulations, “examine” includes photograph, copy or reproduce by any means and temporarily remove books and records for that purpose.

Exempted services

3 (1) [repealed]

(2) All of the following services are exempt from the definition of “child care” in the Act and do not require a licence:

(a) care for 6 or fewer children of any age on a regular basis, including any children of the person providing the care;

(b) care for 8 or fewer school-age children on a regular basis, including any children of the person providing the care;

(i) in the child’s home,

(ii) in the home of the person providing the care and supervision, or

(iii) when the parents are on the premises and readily available;

(d) care and supervision of children provided under the Children and Family Services Act;

(e) a program provided for children that has the promotion of specific recreational, athletic, artistic or musical skills as its only purpose;

(f) a camp for school-age children operated during school holiday periods by persons who are not at the same time and same location working for a licensee as staff or care providers;

(g) a program provided in a public school by an education entity for children who will be at least 4 years old on December 31 of the school year in which they are enrolled in the program;

(h) a program provided by a private school that serves 2 or more grades for children who will be at least 4 years old on December 31 of the school year in which they are enrolled in the program;

(i) a pre-primary program under the Pre-primary Education Act;

(j) an organized recreation program offered by a recognized community recreation provider;

(k) an organized religious activity.

(3) The prohibition in Section 11 of the Act against advertising or holding out an unlicensed place to be a facility, or implying or leading the public to believe that an unlicensed place is a facility, applies to an exempted service.

(4) The presence of more than 1 person providing care does not permit an increase in the maximum number of children allowed for a service to be exempted under clause (2)(a) or (b).

Licensing

4 (1) The following are the programs for which a licence may be issued:

(a) a full-day program;

(b) a part-day program;

(d) if the licensee is an agency, a family home child-care program.

(2) A school-age program may be operated at any of the following times:

(a) before school begins in the morning and after school ends in the afternoon;

(b) during school lunch periods;

(d) if the program includes any pre-primary children,

(i) before the pre-primary program begins in the morning and after the pre-primary program ends in the afternoon,

(ii) during pre-primary program closures, holidays or in-service days.

(3) A term, condition or restriction attached to a licence under subsection 5(3) of the Act may include

(a) a term or condition permitting extended hours of operation, including on weekends, in accordance with standards established by the Minister; or

(b) a stipulation that the licensee is on probation.

(4) Except as provided in subsection (5), a licence issued in accordance with the former regulations is deemed to have been issued under these regulations, and the holder of the licence must comply with these regulations.

(5) A licence for a part-day program for children younger than 30 months old issued under the former regulations remains valid as long as the licensee complies with the conditions under which the licence was issued, and the licence may be renewed under those same conditions.

Form of licence

5 (1) A licence for a full-day program, part-day program or school-age program must be in Form 1.

(2) A licence for a family home child-care agency must be in Form 2.

Licence must be displayed

6 A licence must be displayed at all times in a conspicuous place near the entrance of the facility or agency.

Licence proposal

7 (1) Before applying for a licence, a person must submit a proposal for the licence to the Department and obtain the Department’s approval of the proposal.

(2) A proposal for a licence must be made on a form approved by the Minister and must be accompanied by any items specified on the proposal form.

Applying for licence

8 (1) An application for a licence must be made to the Department on a form approved by the Minister.

(2) An application for a licence must be accompanied by

(a) proof that the applicant has obtained approval of their licence proposal as required by Section 7; and

(b) any additional item specified on the application form.

(3) In addition to the requirements of subsection (2), an applicant for a licence must submit proof that the proposed facility or, in the case of an agency, the play group space to be used for its family home child-care program complies with

(a) the regulations, orders and directions of the appropriate authorities respecting fire prevention, safety, health and sanitary requirements; and

(b) any applicable municipal bylaws.

(4) If an applicant has previously submitted the proof of compliance required by subsection (3), the Minister may waive the requirement to submit the proof with the current application if the applicant can establish that there have been no changes to the facility or play group space or to the applicable regulations, orders, directions and bylaws referred to in subsection (3).

(5) An application, including all of the accompanying documentation, must be approved by the Department before a licence is issued.

Applying for licence renewal

9 (1) An application to renew a licence must be made to the Department on a renewal application form approved by the Minister, and must include the information and documentation specified in the renewal application form.

(2) If an applicant has previously submitted any item required by the renewal application form, and the item has not changed since it was last provided, the Minister may waive the requirement to submit the item with the current renewal application.

Applying for change to licence

9A (1) A licensee may request a change to the age range, maximum number of children or program type identified on the licence.

(2) A licensee must provide the information requested by the Minister in support of a request under this Section.

(3) The Minister may make conditions, qualifications, restrictions or requirements in respect of, or as a prerequisite to, the approval of a change to a licence requested under this Section.

Approval for alteration

10 (1) In Section 10 of the Act, “significantly affect the care of children”, in relation to a proposed alteration to a facility for which Ministerial approval is required, includes changing the physical dimensions of the outdoor or indoor space.

(2) The Minister may make conditions, qualifications, restrictions or requirements in respect of, or as a prerequisite to, the approval of a proposal for alterations.

(3) In a submission to the Minister for approval to alter the physical dimensions of the indoor space of a facility, a licensee with an exemption under subsection 20A(1) may request that the exemption also apply to the altered space.

No commitment to fund

11 Issuance of a licence or approval of an alteration must not be construed as a commitment by the Minister to provide funds to the licensee.

Cancellation, suspension, refusal to renew

12 (1) On cancelling, suspending or refusing to renew a licence, the Minister must post a notice of closure on each entrance to and exit from the licensee’s facility or, in the case of an agency, the agency and any family child-care home managed by the agency.

(2) A notice of closure must set out the effective date of and reasons for the cancellation, suspension or refusal to renew the licence.

Inspections

13 (1) A facility, an agency and a family child-care home must be inspected regularly and in accordance with these regulations and the policy and procedures established by the Minister.

(2) During an inspection, a licensee must, on request, make available proof that the following comply with the regulations, orders and directions of the appropriate authorities respecting fire prevention, safety, health and sanitary requirements and all applicable municipal bylaws:

(a) a facility used by the licensee;

(b) a space used by the licensee for a play group;

Agency’s duties

14 In exercising its duties under Section 7A of the Act, an agency must do all of the following:

(a) ensure that each care provider and family child-care home under the agency’s management operates in accordance with all of the following, as applicable:

(i) the Act and its regulations,

(ii) any funding agreements between the agency and the Minister,

(iii) the service agreements between the care provider and the agency,

(iv) the policies and procedures established by the Minister;

(b) regularly assess care providers and family child-care homes under the agency’s management;

(d) ensure that its family home consultant makes regular visits to its family child-care homes.

Family home consultant’s duties

14A A family home consultant’s duties include all of the following:

(a) assisting parents and care providers in matching the parents’ requirements with services;

(b) providing administrative support and record-keeping;

(d) providing a lending library;

(e) providing regular play groups;

(f) coordinating the delivery of professional development courses for care providers and for agency staff associated with the management of family child-care homes;

(g) providing or organizing transportation for care providers and children enrolled in the agency’s approved family child-care homes to attend agency functions.

Agency may approve care provider and family child-care home

15 (1) An agency may approve a person who is at least 18 years old as a care provider and the person’s home as a family child-care home if the agency is satisfied that all of the following requirements are met:

(a) [repealed]

(b) [repealed]

(d) the person has personal qualities that promote positive healthy development in children;

(e) the person is capable of providing the agency’s family home child-care program;

(f) the person has signed a service agreement with the agency;

(g) the person and the person’s home meet and will continue to meet the requirements of all of the following:

(i) the Act and its regulations,

(ii) the service agreement made between the person and the agency,

(iii) standards established by the Minister.

(2) On approving a care provider and a family child-care home, an agency must submit any information required by the Minister to the Department.

Maximum number of children for care provider

15A (1) Subject to the restriction in subsection (2) respecting the permitted numbers of toddlers and infants, and except as provided in subsections (3) and (4), a care provider may care for a maximum of 7 children at a time, including their own children.

(2) If a care provider is caring for 4 to 7 children, no more than 3 children may be under 3 years of age and of those 3 children no more than 2 children may be infants.

(3) A care provider for school-age children only may care for a maximum of 9 school-age children at a time, including their own children.

(4) A care provider may care for a maximum of 3 infants at a time, including their own infants, and if caring for the maximum 3 infants must not have any other children in their care.

16 [repealed]

Compliance and enforcement standards

17 (1) A licensee must adhere to the licence compliance and enforcement standards established by the Minister.

(2) If a licensee fails to meet the licence compliance and enforcement standards, the Minister may decline to do any of the following until the licensee remedies the violation or deficiency:

(a) issue any other licence to the licensee;

(b) approve a change under Section 9A to a licence held by the licensee;

(c) approve an alteration to the licensee’s physical space proposed in a submission to the Minister referred to in Section 10.

Liability insurance

17A Each facility and agency must be adequately insured under a commercial general liability insurance policy or its equivalent.

Daily programs

18 (1) A daily program for children enrolled at a facility or family child-care home must be developmentally appropriate and promote the participation of all children.

(2) Children enrolled in a full-day program at a facility or in a family home child-care program must be provided with all of the following at least daily:

(a) a rest time;

(b) a developmentally appropriate period of outdoor activity, except when extreme weather conditions exist;

(3) Children enrolled in a school-age program at a facility or family child-care home must be provided with the requirements in clauses (3)[(2)](b) and (3)[(2)](c).

(4) Every licensee and care provider must comply with any additional daily program requirements established by the Minister.

(5) A program at [a] facility or family child-care home that offers extended hours of operation for a child-care program must comply with any requirements for programs offering extended hours established by the Minister.

Agency play group

18A A play group must be developmentally appropriate and promote the participation of all children enrolled in the agency’s approved family child-care homes.

Behaviour guidance

19 (1) Each licensee, facility director, agency director, family home consultant, care provider, staff member and volunteer of a licensee must behave in a manner that does not harm any child who is attending the child-care program, and in particular must not do or permit any of the following:

(a) use corporal punishment, including

(i) striking a child directly or with any physical object, and

(ii) shaking, shoving, spanking and other forms of aggressive physical conduct;

(b) require or force a child to repeat physical movements;

(d) confine or isolate a child;

(e) deprive a child of basic needs, including food, shelter, clothing and bedding.

(2) A licensee must have a behaviour guidance policy and must do all of the following:

(a) provide training in the policy for the licensee’s directors, staff, care providers and volunteers before they begin their employment or volunteering;

(b) ensure that the policy is reviewed with the parents of a child at the time of the child’s enrolment in a program operated by the licensee;

(c) ensure that the policy is reviewed with all of the licensee’s directors, staff, care providers and volunteers on an annual basis, or more often if needed;

(d) have a written record of the licensee’s compliance with clauses (a), (b) and (c);

(e) ensure that each of the licensee’s directors, staff, care providers and volunteers comply with the policy.

Building and space requirements

20 (1) [repealed]

(2) An indoor play space in a facility must have at least 2.753 m² (30 ft.²) of unobstructed floor space for each child occupying the space.

(3) Space in a facility that is used for hallways, entryways, exits, staff purposes, facility administration, diapering areas, washrooms, kitchen, laundry, shelving or storage must not

(a) be included when calculating the unobstructed indoor floor space per child for the purposes of subsection (2); or

(b) infringe on the children’s unobstructed indoor floor space or on space used for the children’s routine activities.

(4) Except as provided in clause 20A(1)(b) and subsection 20A(3), an indoor play space in a facility must provide natural lighting through a window or windows with a glass area of at least the following size:

(a) for a facility located in a building or a new addition to a building constructed on or after February 1, 2015, 10% of the total floor area;

(b) for a facility located in an existing building, the same area as required by clause (a), except that the total floor area to be used in calculating the minimum glass area required is the actual total floor area of the indoor play space minus 2%.

(5) Each area within a facility that is used for the care of infants must meet all of the following requirements:

(a) [repealed]

(b) it must include an infant play space;

(i) in a room separated from the infant play space, and

(ii) large enough to accommodate 1 crib for each infant, with a 46-cm (18-in.) space or a divider between each crib.

(6) A facility that is licensed to operate a full-day program for the care of infants or toddlers must contain a diapering area that meets all of the following requirements:

(a) it must be equipped with a counter that has a smooth, non-porous surface that is easily cleaned;

(b) it must be located next to a hand-washing sink.

(7) A diapering area must not be used for other purposes.

(8) A facility must have washroom and toilet facilities suitable for toddlers, preschoolers and school-age children that meet all of the following requirements:

(a) they must be either

(i) inside the facility, or

(ii) at the same location as the facility and available for use by the facility;

(b) they must be in the ratio of 1 toilet and 1 sink per 10 toddlers, preschoolers and school-age children.

(9) Except as provided in clause 20A(1)(c), a facility must have a separate washroom for staff.

Exemptions from building and space requirements

20A (1) An exemption included on a licence issued under the former regulations from a requirement corresponding to any of the following continues to apply to the licence under these regulations:

(a) [repealed]

(b) the minimum lighting requirement in clause 20(4)(a) for a newly constructed building or a new addition;

(2) An exemption that applies to a licence under subsection (1) continues to apply in any of the following circumstances:

(a) on renewal of the licence, if the licensee requests a continuation of the exemption and the Minister approves the continuation;

(b) on the issuance of a new licence to a person who purchases the facility or agency, if the purchaser requests a continuation of the exemption and the Minister approves the continuation;

(c) on an alteration of the physical dimensions of the indoor space of a facility approved by the Minister under Section 10 of the Act, if the licensee’s submission to the Minister includes a request in accordance with subsection 10(3) that the exemption apply to the altered space and the Minister approves that request.

(3) A licensee operating a facility located in a school or providing a part-day or school-age program may request an exemption from the minimum lighting requirement in subsection 20(4) and the Minister may approve the request.

Equipment requirements

21 (1) A facility or a family child-care home must be equipped with indoor play equipment and toys that are

(a) developmentally appropriate, safe and sanitary;

(b) accessible for independent selection; and

(2) Each child who is in attendance at a facility or family child-care home must be provided with all of the following:

(a) furnishings of a suitable size;

(b) individual utensils and personal hygiene items;

(c) except in a family child-care home, an individual storage space that is easily accessible to the child and keeps the child’s personal effects separate from those of other children.

(3) Each toddler and preschool child who is in attendance at a facility or family child-care home during the daily rest period must be provided with

(a) an assigned cot or rest mat with a washable and moisture-resistant cover; and

(b) a sheet and blanket that are clean and of sufficient warmth.

(4) Each infant who is in attendance at a facility or family child-care home must be provided with a crib or portable crib that meets the standards of the federal or Provincial legislation respecting cribs, cradles and bassinets.

(5) [repealed]

(6) [repealed]

(7) [repealed]

Outdoor play equipment and space requirements for facilities

22 (1) An outdoor play space used by a facility must be accessible to all enrolled children, including those with diverse abilities.

(2) Children enrolled in a full-day program or a school-age program must be provided with either of the following:

(a) 1 or more outdoor play spaces located at the facility that are safe and suitable for the age range of the children enrolled in the program; or

(b) access to a safe and suitable outdoor play space that is within a reasonable distance of the facility and that is suitable for the age range of the children enrolled in the program.

(3) Except for outdoor play spaces located at a public school or a private school, for the purpose of clause (2)(a) an outdoor play space located at a facility must meet all of the following requirements:

(a) it must provide at least 7 m² (75 ft.²) of play space per child using the play space;

(b) it must be large enough to accommodate the largest group category of children who regularly attend the child-care program, other than infants;

(4) If any infants are enrolled in a full-day program, there must be a separate outdoor play space for the infants at the facility or in the immediate vicinity that meets all of the following requirements:

(a) it must provide at least 7 m² (75 ft.²) of play space per infant using the play space;

(b) it must be large enough to accommodate the number of infants who regularly attend the program;

(5) Any outdoor play space provided for children enrolled in a part-day program must comply with the requirements of subsections (2) and (3).

(6) The Minister may waive or alter any of the requirements of subsection (3) or (4) and apply other requirements if there are special circumstances and the Minister is satisfied that the waiver or alteration will not adversely affect the children’s safety or the services and programs provided.

(7) Any outdoor play structure for gross motor activity that is provided for children enrolled at a facility must comply with the health and safety requirements for outdoor play established by the Minister.

(8) [repealed]

23 [repealed]

Outdoor play space requirements for family child-care homes

24 (1) An outdoor play space used by a family home child-care program must be accessible to all enrolled children, including those with diverse abilities.

(2) Children enrolled in a family home child-care program must be provided with an outdoor play area that is

(a) on the premises of the family child-care home and enclosed by a fence that is at least 1.2 m (4 ft.) high; or

(b) within a reasonable distance of the family child-care home and that has been determined by the agency to be safe and appropriate.

(3) An outdoor play space used by children enrolled in a family home child-care program must be supervised in accordance with the staff-to-children ratios and group sizes set out in Section 34 for a family home child-care program.

Nutrition

25 (1) A licensee and care provider must adhere to the food and nutrition standards established by the Minister.

(2) Except as provided in subsection (3), a licensee or, in the case of a family home child-care program, a care provider must ensure that each child in attendance at a child-care program is provided with a meal during regular meal times and a snack if the child attends before or after a regular meal period.

(3) Each child enrolled in a school-age program may bring a lunch from home or be provided with a lunch.

(4) [repealed]

(5) [repealed]

(7) [repealed]

(8) [repealed]

26 [repealed]

Infant feeding safety

27 (1) [repealed]

(2) [repealed]

(3) An infant who cannot hold a bottle must be held by a staff member or care provider during bottle feeding.

(4) An infant must not be fed in a crib or by bottle propping.

Health, safety and communicable disease control

28 (1) Each facility director, agency director, care provider, family home consultant and staff member who works directly with children must have a valid first aid certificate that includes infant CPR training from a recognized program.

(2) A facility director or, in the case of a family home child-care program, a care provider is responsible for recognizing and responding to symptoms of ill health in children attending the facility or the family child-care home.

(3) A licensee must follow Provincial guidelines for promoting and maintaining health and safety and preventing and controlling communicable diseases.

(4) A facility director or, in the case of a family home child-care program, the care provider or agency director, as applicable, must follow the Provincial guidelines referred to in subsection (3) and, in particular, must ensure that the following requirements are met:

(a) each facility, family child-care home and play group space must be kept in a clean and sanitary condition at all times;

(b) each indoor play space must be suitably ventilated and free from odours;

(c) staff, care providers and volunteers must wash their hands before and after diapering or toileting a child and before and after food preparation;

(d) toys used by children must be cleaned and sanitized in accordance with the Provincial guidelines referred to in subsection (3);

(e) toys used by infants and toddlers must be checked daily for broken pieces and other hazards;

(f) each highchair, cot, crib and mat must be sanitized on a regular basis and before being used by another child;

(g) the counter of the diapering area must be disinfected after each diapering;

(h) at least 2 first aid kits must be available within each facility, family child-care home and agency;

(i) a first aid kit, a list of children in attendance and the children’s emergency contact information must all be taken on outings with children;

(j) if a high chair, infant seat or stroller is equipped with a safety belt, the safety belt must be used;

(ja) strollers must be equipped with sunshades;

(jb) playpens, jolly jumpers and baby walkers must not be used for children of any age;

(k) medical supplies, drugs, medications and dangerous or noxious materials must be properly labelled and safely stored.

Administering medicine to child

29 A facility director or, in the case of a family home child-care program, a care provider who agrees to administer medicine to a child must do all of the following:

(a) obtain prior written instructions signed by the child’s parent;

(b) keep a written record of each dose, including all of the following:

(i) the date and time the dose was administered,

(ii) the amount of the dose administered,

(iii) the child’s name,

(iv) the initials of the staff member or care provider who administered the dose, to be entered after the dose is administered;

(c) accept only medicine that is brought to the facility or family child-care home by the parent and that is supplied in the original container, in the case of patent medicine, or in a container supplied for the purpose by a pharmacist, in the case of prescribed medicine.

Child abuse

30 When there is a reasonable belief that a child enrolled in a child-care program has been abused within the meaning of the Children and Family Services Act, the licensee and each staff member, care provider and volunteer of the licensee must, in addition to the requirements of that Act, follow the Department’s child abuse protocol for regulated child care.

Notable situations

30A (1) In this Section, “notable situation” means an accident, communicable disease or other situation that affects or could affect the health, safety or well-being of a child in attendance at a child-care program, but that does not meet the criteria set out in Section 30B for a serious incident.

(2) If a notable situation arises, the facility director or, in a family home child-care program, the care provider must do all of the following:

(a) immediately secure any necessary medical assistance and make every effort to notify the parents of any child directly affected;

(b) prepare a summary report, which must include all of the following:

(i) a summary of the situation and the action taken,

(ii) the signature of each staff person or care provider involved,

(iii) a place for the signature of the parent of each affected child;

Serious incidents

30B (1) In this Section, “serious incident” means any of the following:

(a) the death of a child while the child is attending a child-care program;

(b) any injury to a child that occurs while the child is attending a child-care program and that requires emergency medical attention;

(d) a concern or an occurrence relating to an element of the physical environment or an operational or safety practice in a facility or a family child-care home that poses a risk to the children’s health, safety or well-being;

(e) a child is not accounted for during any period of time, as required by Section 33A.

(2) All of the following must be done when a serious incident occurs:

(a) any necessary medical assistance must be immediately secured and all possible efforts made to notify the parents of any child affected;

(b) the licensee must be notified no later than 24 hours after the time the serious incident occurs;

(c) a summary report that meets the requirements of clause 30A(2)(b) must be prepared and a copy placed in the file of each affected child no later than 7 days after the date the serious incident occurs;

(d) except as provided in subsection (4), the Department must be advised of the serious incident no later than 24 hours after the time the serious incident occurs.

(3) The person responsible for the serious incident procedures required by subsection (2) is

(a) for a serious incident that occurs at a facility or in respect of a child-care program at a facility, the facility director;

(b) for a serious incident that occurs at a family child-care home,

(i) except for the requirement in clause (2)(d), the care provider for the home,

(ii) for the requirement in clause (2)(d), the agency director.

(4) An agency must ensure that the Department is advised of any serious incident in a family home child-care program no later than 24 hours after the time the agency becomes aware of the serious incident.

File required for each child

31 (1) For each child enrolled in a child-care program, the licensee or, in the case of a family home child-care program, the care provider must keep a file that includes all of the following documentation and information:

(a) an application for enrollment that is signed by the child’s parent and sets out all of the following:

(i) the child’s name and date of birth,

(ii) the names, home addresses and phone numbers of the child’s parents, together with e-mail contact information for the parents, if available,

(iii) the name, address and phone number of the child’s physician,

(iv) the name and contact information of the person to be notified in case of an emergency if a parent is not available,

(v) the names of persons to whom the child may be released;

(b) the date the child was admitted to the program;

(c) written confirmation as required by subsection 44(5) that the child’s parent has been provided with the parent handbook;

(d) a health questionnaire for the child completed by the child’s parent, including immunization dates;

(e) if applicable, information about any medication to be administered to the child during the hours the child is attending the child-care program, including

(i) the written instructions from the child’s parent as required by clause 29(a), and

(ii) the written record required by clause 29(b) of each dose of medicine administered;

(f) if applicable, written instructions signed by the child’s parent concerning any special requirements for feeding, diet, rest or exercise;

(g) written consent from the child’s parent for the child to

(i) receive emergency medical treatment,

(ii) participate in off-site outings and field trips, and

(iii) if applicable, walk between school and the facility or family child-care home;

(h) a copy of a report required by clause 30A(2)(b) or 30B(2)(c) of any incident affecting the health, safety or well-being of the child while attending the child-care program;

(i) for an infant, toddler or preschool child, semi-annual reports respecting the child’s development.

(2) If a child withdraws from enrollment in a child-care program, the licensee or care provider must include the date of the withdrawal in its file for the child.

(3) A licensee or care provider must keep each child’s file confidential, complete and organized.

(4) A licensee or care provider must store a child’s file in a safe and secure manner at the facility or, in the case of a family home child-care program, at the family child-care home, and must keep it for at least 2 years after the date of the child’s withdrawal from enrollment.

Daily record of attendance

32 (1) A daily record of attendance for each child enrolled in a child-care program must be kept by the facility director or care provider.

(2) A daily record of attendance must include the child’s arrival and departure times and reasons for any absence.

Family communications plan

32A (1) Each licensee and care provider must establish a family communications plan that complies with any requirements established by the Minister to facilitate communication and engagement between

(a) for a licensee, the licensee and the parents and families of children enrolled in the child-care programs operated or managed by the licensee;

(b) for a care provider, the care provider, agency and the parents and families of children enrolled in the care provider’s family home child-care program.

(2) A family communications plan established under clause (1)(b) must also comply with any requirements set by the agency managing the care provider’s family child-care home.

Daily log book requirement

33 Each facility director and a care provider must keep a daily logbook to record information about any unusual or special events in the facility or family child-care home.

Supervision

33A A facility director, agency director or care provider must ensure that every child is accounted for at all times during operating hours, including during outings and field trips, and that no child leaves the indoor or outdoor play space or the facility or, in the case of a family home child-care program, the play group space or family home without the knowledge of the staff or care provider.

Staff-to-children ratios

34 (1) Except as provided in subsections (2) and (2A), the number of staff present and working directly with the children in a child-care program must meet the staff-to-children ratios set out in the following table at all times when children are in attendance:

Table of Staff-to-Children Ratios
Category of Children in Group	Staff-to-Children Ratio
Full-Day Program
Infant	1 to 4
Toddler	1 to 6
Preschooler and toddler older than 30 months old	1 to 7
Preschooler	1 to 8
Other mixed ages	ratio applying to youngest child
Part-Day Program
Toddler older than 30 months old	1 to 12
Preschooler	1 to 12
School-Age Program
School-age only	1 to 15
School-age and fewer than 8 pre-primary children	1 to 15
School-age and 8 or more pre-primary children	1 to 12
Pre-primary children only	1 to 12
Family home child-care program
Any age* (*subject to the restrictions in subsection 15A(2))	1 to 7
Infants	1 to 3
School-age and pre-primary children	1 to 9

(2) The staff-to-children ratio for children in a particular group in a full-day program may be reduced during the children’s rest period, if the total number of staff on site in the facility is sufficient to meet the staff-to-children ratio for all children in the facility and the children’s health and safety is not compromised by the reduction.

(2A) If there are any pre-primary children in attendance in a school-age program being offered during a school or pre-primary program closure, holiday or in-service day, the staff-to-children ratio for the school-age program must be 1 to 10.

(3) The number of children in a children’s indoor play space at any time must not exceed the maximum group sizes specified in the following table:

Table of Maximum Group Sizes for Indoor Play Spaces
Category of Children in Group	Maximum in Play Space
Full-Day Program
Infant	10
Toddler	18
Preschooler and toddler older than 30 months old	24
Preschooler	24
Other mixed ages	maximum group size applying to youngest child
Part-Day Program
Toddler older than 30 months old	24
Preschooler	24
School-Age Program
School-age only	30
School-age and pre-primary children	30
Pre-primary children only	30

(4) If there are groups of children from more than 1 category set out in the tables in subsections (1) and (3) in a single room in a facility, then the ratio and group size for all children in the room must not exceed the staff-to-children ratio and maximum group size applicable to the youngest child in the room.

(5) [repealed]

(6) [repealed]

Facility must be administered by director

35 (1) Each full-day program, part-day program and school-age program must be administered by a facility director who supervises and manages the facility.

(2) A facility director must designate a staff member who is qualified in accordance with Section 40 to serve as an acting facility director at times when the facility director is absent from the facility.

(3) A facility director or acting facility director must be present at the facility at all times during its operating hours.

Facility staffing requirements

36 (1) Facility staff must be at least 16 years old to be included in the staff-to-children ratios for the facility.

(2) [repealed]

(3) [repealed]

(4) Except as provided in subsection (6), a facility must be staffed in accordance with the following requirements:

(a) at least 2/3 of the staff working directly with children in a full-day program or a part-day program must have a level 1, level 2 or level 3 classification;

(b) at least 2/3 of the staff working directly with children in a school-age program must have a level 1, level 2 or level 3 classification or school-age training approval.

(5) Despite subsection (4), in a facility with only 2 staff working directly with children, 1 staff member must have a level 1, level 2 or level 3 classification or school-age training approval.

(6) The Minister may approve temporary facility staffing that is different to the requirements in subsection (4) on the condition that the licensee demonstrates all of the following to the satisfaction of the Minister:

(a) the licensee is unable to hire staff who have the qualifications needed for the licensee to meet the requirements of subsection (4);

(b) the licensee has hired staff who are working towards completing the required training or qualifications and the licensee has established, in a form approved by the Minister, a temporary staffing plan that includes a timeline and conditions for the staff to complete the training or qualifications;

(c) the facility staffing approved will not adversely affect the safety of children in the program or the quality of the services and program.

(7) The Minister may amend or revoke an approval made under subsection (6) if, in the Minister’s opinion, any of the conditions set out in subsection (6) are not being met.

Orientation training

37 (1) A facility staff person who works directly with children must complete 1 of the following and provide proof of completion to the Minister:

(a) the orientation training;

(b) post-secondary courses in early childhood education that, in the opinion of the Minister, are comparable to the orientation training.

(2) A facility staff person who has not met the requirements of subsection (1) on their date of employment must complete, and provide proof of completion of, the orientation training by the following applicable date:

(a) for staff hired on or before August 31, 2018, no later than 1 year from their date of employment;

(b) for staff hired on or after September 1, 2018, no later than 6 months after their date of employment.

Application for classification or school-age training approval

37A A person seeking an entry level, level 1, level 2 or level 3 classification or school-age training approval must apply to the Minister.

Entry level classification

37B The Minister may issue an entry level classification to a facility staff person who meets the requirements of subsection 37(1).

Level 1 classification

37C The Minister may issue a level 1 classification to an applicant who meets 1 of the following qualifications:

(a) they meet the requirements in subsection 37(1) and have completed any course work and workplace training specified in standards set by the Minister;

(b) they hold a 1-year certificate in early childhood development or early childhood education from a training program recognized by the Director.

Level 2 classification

37D The Minister may issue a level 2 classification to an applicant who meets 1 of the following qualifications:

(a) they hold a diploma in early childhood education from a program approved by the Director;

(b) they hold a 1-year early childhood education certificate obtained before May 31, 2000, on completion of a training program in early childhood education, as defined in the former regulations;

Level 3 classification

37E The Minister may issue a level 3 classification to an applicant who meets 1 of the following qualifications:

(a) they hold a bachelor’s degree from a post-secondary institution approved by the Director in any of the following:

(i) early childhood education,

(ii) an area of study that qualifies a person to plan and deliver early childhood education programming for children from birth to 12 years of age;

(b) they meet the qualifications in clause 37D(a) and hold a bachelor’s degree in any discipline from a post-secondary institution recognized by the Director.

School-age training approval

37F (1) The Minister may grant approval of school-age training to a person who meets all of the following qualifications:

(a) they have completed 1 of the following:

(i) a bachelor’s degree in early [childhood] elementary education from a post-secondary institution recognized by the Director,

(ii) a program at a post-secondary institution recognized by the Director, that qualifies a person to plan and deliver developmentally appropriate programming for school-age children;

(b) they meet the requirements in subsection 37(1).

(2) Despite subsection (1) the Minister may grant a 6-month conditional approval of school-age training to a person if the Minister determines that the person meets the requirements in clause (1)(a), on the condition that they meet the requirements in clause (1)(b) no later than 6 months after the date the conditional approval is granted.

(3) A conditional approval granted under subsection (2) expires the earlier of the following dates:

(a) 6 months after the date the conditional approval is granted;

(b) the date the person is granted approval of school-age training, having met the qualifications in clause (1)(b).

(4) A person granted a conditional approval under subsection (2) may reapply to the Minister for a further 6-month conditional approval if they are not able to meet the qualifications in clause (1)(b) within 6 months from the date the conditional approval was granted.

(5) The Minister may, at the Minister’s sole discretion, grant a further 6-month conditional approval to a person who reapplies under subsection (4).

(6) For the purposes of the facility staffing requirement in clause 36(4)(b), a person granted a conditional approval under this Section is deemed to hold school-age training approval for the duration of their conditional approval.

Continuing professional development for facility staff

38 A person who is issued a classification or granted school-age training approval under these regulations must

(a) complete at least 30 hours of professional development to enhance skills and knowledge specific to early childhood care and education in every 3-year period following the date their classification was issued or approval was granted; and

(b) provide the Minister with proof of completion of the required hours of professional development.

Cancellation of classification or school-age training approval

39 (1) The Minister may cancel a person’s classification or a school-age training approval in any of the following circumstances:

(a) the classification was issued or the school-age training approved based on false or inaccurate information;

(b) the person has been found guilty of a criminal offence by a court of law;

(2) On cancelling a person’s classification or school-age training approval, the Minister must provide written notice to the person, including the reasons for the cancellation.

Qualifications for facility directors and designates

40 (1) Except as otherwise provided in this Section, a facility director must have the following qualifications:

(a) for a facility that offers programming for all ages, a level 2 or level 3 classification;

(b) for a facility that offers only school-age programming, a level 2 or level 3 classification or school-age training approval.

(2) A facility director who began working as a facility director before May 1, 2012, must have at least a level 1 classification.

(3) An acting facility director designated to cover an absence by the facility director of fewer than 3 consecutive weeks must have the following qualifications:

(a) for a facility that offers programming for all ages, a level 1, level 2 or level 3 classification;

(b) for a facility that offers only school-age programming, a level 1, level 2 or level 3 classification or school-age training approval.

(4) An acting facility director designated to cover an absence by the facility director of 3 or more consecutive weeks must meet 1 of the following:

(a) the qualifications required for a facility director in subsection (1);

(b) a level 1 classification obtained before May 1, 2012;

Qualifications for family home consultants

41 (1) [repealed]

(2) Effective May 1, 2012, a family home consultant must have all of the following qualifications:

(a) a level 2 or level 3 classification;

(b) at least 2 years’ experience working in an early learning and child care program.

Requirements for care providers

42 (1) A care provider must be at least 18 years old.

(2) A care provider must do all of the following:

(a) complete a family home child-care training course approved by the Minister no later than 1 year after the date their family child-care home is approved;

(b) complete annual professional development workshops, as specified by the Minister;

(c) permit a family home consultant to visit the family child-care home to provide the services and supports set out in Section 14B;

(d) co-operate with the agency during the annual assessment process.

Record checks

43 (1) In this Section,

“child abuse register check” means a search of the Child Abuse Register conducted in accordance with the Children and Family Services Act;

“criminal record check” means a record prepared by a police agency or other service that contains information on whether an individual has any convictions or outstanding charges awaiting disposition under a federal or provincial enactment;

“police agency” has the same meaning as “agency” in the Police Act;

“record check”, when no specific record or register is referred to, means any of the following:

(i) vulnerable sector check,

(ii) criminal record check,

(iii) child abuse register check;

“vulnerable sector check” means a record check conducted by a police agency and consisting of

(i) a search of the national repository of records of criminal convictions,

(ii) a search of locally imposed convictions, and

(iii) a search of record suspensions related to records for sexual offences;

(2) [repealed]

(3) A vulnerable sector check is required in accordance with this Section for a person who is 18 years or older in any of the following circumstances:

(a) the person has or will have contact with children attending a licensed child-care program or approved family home child-care program, including volunteers;

(b) the person lives in a home where there is a licensed facility or that is a family child-care home.

(4) A child abuse register check is required in accordance with this Section for a person who is 13 years old or older in any of the circumstances set out in clauses (3)(a) and (b).

(5) A person who obtains a record check as required by this Section must provide the results of the record check to the licensee that operates the child-care program or family home child-care program where the person works, volunteers or lives.

(6) A new employee of a licensee must provide the results of a required record check to the licensee before the date that the employee begins work, and the record checks must have been conducted less than 2 years before that date.

(7) A person who requires a vulnerable sector check under this Section must obtain a new vulnerable sector check and provide the updated results to the licensee no later than 5 years after the date of the most recent check, and every 5 years after that.

(8) Despite subsections (3) and (7), a person who is refused a vulnerable records check by an authorized body in accordance with the criteria required by the Criminal Records Act (Canada) must provide all of the following to the licensee:

(a) evidence of the authorized body’s refusal, to the satisfaction of the licensee;

(b) the results of a criminal record check in place of the vulnerable sector check as is required for the vulnerable sector check under this Section.

(9) A person who requires a child abuse register check under this Section must obtain a new child abuse register check and provide the updated results to the licensee no later than 3 years after the date of the most recent check, and every 3 years after that.

(10) A person who is required by this Section to obtain a record check must have no contact with children attending the licensed child-care program or approved family home child-care program until

(a) the licensee has received the results of all required record checks for the person; and

(b) the licensee has determined that the results of the record checks for the person disclose no evidence of any conviction for child abuse or another offence respecting children and generally do not raise any issues concerning the appropriateness of employing the person at a facility or having a family home child-care program in the home where the person lives.

Parent handbook

44 (1) A licensee must have a parent handbook to assist parents in making informed decisions regarding the care of their children that contains the information required under its family communications plan and any additional information required by the Minister.

(2) [repealed]

(3) [repealed]

(4) At the time a child is enrolled in a program, the licensee must provide the child’s parent with access to all of the following:

(a) information about the services provided by the licensee and, in the case of a family home child-care program, the care provider;

(b) the parent handbook.

(5) A licensee must obtain written confirmation that a parent has received the parent handbook.

Information required to be posted

45 Each licensee and care provider must post all of the following in a visible place in their facility, agency or family child-care home:

(a) for a licensee, their licence;

(b) a copy of the report of their most recent inspection;

(d) any notice or additional information required by the Minister.

Notice to parents of significant changes

46 (1) As soon as is practicable, a licensee must notify the parents of each child enrolled in the program operated by the licensee and, if applicable, each care provider in a family home child-care program operated by the licensee, if any of the following occurs:

(a) notice is received of impending suspension, cancellation or non-renewal of a license;

(b) the facility or agency is sold or closed;

(c) written information has been received from the Minister about the licensee’s licence or program for the purpose of sharing the information with parents;

(d) if the licensee is an agency,

(i) a family child-care home managed by the agency is sold or closed,

(ii) the agency cancels the approval of a care provider or a family child-care home managed by the agency;

(e) terms, conditions or restrictions are imposed on the licence under subsection 5(3) of the Act;

(f) the police or an agency established under the Children and Family Services Act have directed the licensee to inform the parents about a matter they are investigating.

(2) [repealed]

(3) A notice given under this Section must be in writing and must be

(a) sent by ordinary mail to the last known address of each person who is required to be notified;

(b) posted in a conspicuous location in the facility or agency and, if applicable, the family child-care home; and

Parent committee

47 (1) A licensee must establish a parent committee to provide a forum in which parents provide input and receive notice of any matters of interest or concern to the parents.

(2) If the licensee is a non-profit organization with a Board of Directors, the parent committee may be a sub-committee of the Board.

(3) A parent committee must be open and accessible to parents of all enrolled children.

(4) [repealed]

(5) [repealed]

(6) [repealed]

(7) [repealed]

(8) The Minister may provide a parent committee chair and, if the Minister considers it necessary, other committee members with a copy of any notice or written information about the status of the licence at the same time that the Minister gives it to the licensee.

48 [repealed]

49 [repealed]

Fire Code defined

50 For the purpose of this Section and Sections 50A to 50B, “Fire Code” means the Fire Code adopted under the Fire Safety Act.

Emergency rules and procedures for facilities and family child-care homes

50A (1) Each facility director and care provider must establish emergency rules and procedures for its facilities or family child-care home, including a fire safety plan established in accordance with the Fire Code.

(2) Each facility director and care provider must post all of the following in a visible location at its facilities or family child-care home:

(a) the fire safety plan;

(b) a current list of emergency telephone numbers including 911, the local hospital emergency department and poison control;

(c) the location of a safe meeting place, which must be outside of the facility or home and known to the children, staff and care providers.

(3) Each facility director and care provider must carry out an emergency evacuation drill at least once per month.

Emergency and fire safety procedures for play groups

50B (1) Each agency director who hosts a play group must establish emergency rules and procedures including, except as provided in subsection (2), a fire safety plan established in accordance with the Fire Code.

(2) For a play group located in a building that is not under an agency’s control, the agency director must follow the fire safety plan for the building where the play group is located.

(3) An agency director must carry out emergency evacuation drills in accordance with the applicable fire safety plan.

Transportation

51 (1) The driver of a vehicle operated by or for a licensee to transport children must deliver each child transported in the vehicle to

(a) a member of licensee’s staff or the care provider;

(b) the parent of the child; or

(2) A licensee that provides transportation for enrolled children is responsible for the safety of the children while in transit.

Minister may make payments

52 (1) The Minister may make payments in respect of child care in any amounts that are appropriated annually for this purpose.

(2) The Minister may refuse to make payments in respect of a child-care program for which a licence has expired or has been cancelled, suspended or refused.

(3) The Minister may recover from a licensee payments made by the Minister in error or based on false or misleading information supplied in the licensee’s application, or that otherwise ought not to have been paid according to these regulations or any other law, and is entitled to use any legal recourse to recover these payments from a licensee.

(4) The Minister may determine the terms and conditions for providing, refusing and recovering payments made to a licensee.

Minister may approve demonstration projects

53 (1) The Minister may approve demonstration projects designed to explore alternatives in child care.

(2) Approval for a demonstration project may be on any terms that the Minister considers reasonable.

Minister may enter into agreement

54 (1) The Minister may, on any terms or conditions that the Minister prescribes, enter into an agreement with a person, agency, organization, association, institution or other body in or outside the Province respecting fees, subsidization, capital costs, operating costs, or the establishment of facilities.

(2) The Minister may enter into agreements with the Government of Canada respecting contributions to the cost of operating or providing child care in the Province.

Child care fee subsidies

55 (1) A parent who pays another person for child care in a facility or an approved family child-care home may apply to the Minister for a child care fee subsidy.

(2) An application for a fee subsidy must be in the form approved by the Minister and must include all of the information required by subsection (4).

(3) The Minister may determine the terms and conditions for a fee subsidy.

(4) In order to determine the eligibility of a parent to receive a fee subsidy or to verify information obtained from a parent in respect of their eligibility or ongoing eligibility to receive a fee subsidy, the parent must provide all of the following documentation and information at the time of application and at the request of the Minister at any time during which the parent is in receipt of a fee subsidy:

(a) proof of age;

(b) as applicable,

(i) proof of marriage,

(ii) proof of divorce,

(iii) proof of cohabitation;

(d) proof of citizenship or, if not a citizen, proof of residency;

(e) proof of income;

(f) proof of expenses;

(g) proof of assets;

(h) the social insurance number of each of the parents and, if applicable, the parent’s spouse;

(i) the income tax assessment form of each of the parents and, if applicable, the parent’s spouse; and

(j) an authorization for the release, obtaining or verifying of information about the parents and child, including information or documents

(i) specified in clauses (a) to (i),

(ii) respecting expenses,

(iii) respecting income,

(iv) respecting assets.

(5) If a parent refuses to provide the information, documentation or authorization required by subsection (4), the parent must be refused a fee subsidy or, if the parent is already receiving a fee subsidy, the fee subsidy must be discontinued.

(6) The Minister may determine the terms and conditions for recovering a fee subsidy that was paid in error or based on false or misleading information supplied by a parent or otherwise ought not to have been paid according to these regulations or any other law, and is entitled to use any legal recourse to recover the fee subsidy from a parent.

Advisory committees

56 The Minister may appoint a licensing review committee, a task force or an advisory committee as the Minister considers necessary for the proper administration of the Act and these regulations to carry out any duties that the Minister directs.

________________________________________________________________

Form 1: Licence for Full-day Program, Part-day Program or School-age Program

	Under the Early Learning and Child Care Act and the regulations, and subject to the limitations thereof, this licence is issued to (legal entity) to operate the following program(s): (list the programs to be offered, e.g., full-day and school-age) at the child-care facility under the name of (facility name) located at (facility address) effective (issue date) to and including (expiry date) on the following conditions: Maximum number of children: Age range: Maximum number of children in each program: Other terms, conditions or restrictions: ________________ ________________________________________________ ________________________________________________
Early Learning and Child Care Act Province of Nova Scotia Department of Education and Early Childhood Development
Licence for Child Care

Minister of Education and Early Childhood Development

________________________________________________________________

Form 2: Family Home Child-Care Agency

Early Learning and Child Care Act Province of Nova Scotia Department of Education and Early Childhood Development	Under the Early Learning and Child Care Act and the regulations, and subject to the limitations thereof, this licence is issued to (legal entity) to operate a family home child-care agency under the name of (agency name), located at (agency address), effective (issue date) to and including (expiry date) on the following conditions:
Licence for Family Home Child-Care Agency

Minister of Education and Early Childhood Development

The current consolidation of the Early Learning and Child Care Regulations made under the Early Learning and Child Care Act includes all of the following regulations:

The following regulations are not yet in force and are not included in the current consolidation:

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue
193/2010	Apr 1, 2011	date specified	Dec 31, 2010
155/2011	Apr 1, 2011	date specified	Apr 22, 2011
227/2014	Dec 22, 2014	date specified	Jan 9, 2015
226/2014	Feb 1, 2015	date specified	Jan 9, 2015
36/2017	Mar 14, 2017	date specified	Mar 31, 2017
137/2018	Sep 1, 2018	date specified	Aug 3, 2018
164/2020	Oct 27, 2020	date specified	Nov 6, 2020
165/2020	Oct 27, 2020	date filed	Nov 6, 2020

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

ad. = added am. = amended	fc. = fee change ra. = reassigned	rep. = repealed rs. = repealed and substituted
1 ........................................................	am. 164/2020⁷
2(1), defn. of “agency”.....................	rep. 164/2020
2(1), defn. of “attending school”......	am. 137/2018
2(1), defn. of “care provider”...........	rep. 164/2020
2(1), defn. of “Competency Based Assessment Program”....................	ad. 36/2017; rep. 137/2018
2(1), defn. of “Department”.............	am. 137/2018
2(1), defn. of “family communications plan”...............................................	ad. 164/2020
2(1), defn. of “family day care home”........................................................	rep. 164/2020
2(1), defn. of “family home consultant”........................................................	am. 164/2020
2(1), defn. of “family home day care program”........................................	rep. 164/2020
2(1), defn. of “inspection”................	ad. 164/2020
2(1), defn. of “level 1 classification”	am. 137/2018
2(1), defn. of “level 2 classification”	am. 137/2018
2(1), defn. of “level 3 classification”	am. 137/2018
2(1), defn. of “licensee”...................	rep. 164/2020
2(1), defn. of “orientation training”.	ad. 137/2018
2(1), defn. of “parent”......................	rep. 164/2020
2(1), defn. of “part-day program”....	am. 226/2014
2(1), defn. of “play group”...............	ad. 164/2020
2(1), defn. of “pre-primary child”....	ad. 137/2018
2(1), defn. of “recognition of prior learning program”..........................	ad. 137/2018
2(1), defn. of “school-age program”	am. 137/2018⁴
2(1), defn. of “school-age training approval”........................................	am. 137/2018
3(1)...................................................	rep. 164/2020
3(2)...................................................	am. 164/2020
3(2)(g)..........................................	am. 137/2018
3(2)(j)-(k).....................................	ad. 164/2020
4(2)(c)...............................................	am. 137/2018
4(2)(d)...............................................	ad. 137/2018
4(4)...................................................	rs. 155/2011
5(2)...................................................	am. 164/2020
9A.....................................................	ad. 226/2014
10(1).................................................	rs. 226/2014
10(3).................................................	ad. 226/2014
13......................................................	rs. 164/2020
13(3)..............................................	ad. 226/2014
14......................................................	rs. 164/2020
14(e)..............................................	rep. 226/2014
14A...................................................	ad. 164/2020
15(1)(a)-(b).......................................	rep. 226/2014
15A...................................................	ad. 226/2014
15A(1)-(2)...................................	am. 36/2017
15A(3).........................................	am. 36/2017, 137/2018
16.....................................................	rep. 164/2020
17(2).................................................	rs. 226/2014
17A...................................................	ad. 226/2014; am. 164/2020
18......................................................	rs. 164/2020
18(1).............................................	am. 226/2014
18(2).............................................	rs. 226/2014
18A...................................................	ad. 164/2020
20......................................................	rs. 226/2014
20(1)..............................................	rep. 164/2020
20(3)..............................................	am. 164/2020
20(5)(a)..........................................	rep. 164/2020
20A...................................................	ad. 226/2014
20A(1)(a).....................................	rep. 164/2020
21(2).................................................	am. 164/2020
21(4).................................................	am. 226/2014, 164/2020
21(5)-(7)...........................................	rep. 226/2014
22(3)(b).............................................	am. 226/2014, 137/2018
22(4)(b).............................................	am. 226/2014
22(7).................................................	rs. 226/2014, 164/2020
22(8).................................................	rep. 226/2014
23......................................................	rep. 226/2014
25(1).................................................	am. 164/2020
25(2).................................................	rs. 226/2014
25(3).................................................	rep. 226/2014
25(3).................................................	ra. from 25(6) and am. 226/2014
25(4)-(5)...........................................	rep. 226/2014
25(6).................................................	ra. as 25(3) 226/2014
25(7)-(8)...........................................	rep. 226/2014
26......................................................	rep. 226/2014
27(1)-(2)...........................................	rep. 226/2014
27(3).................................................	am. 164/2020
28(1).................................................	am. 226/2014
28(4)(b).............................................	am. 226/2014
28(4)(d)-(e).......................................	rs. 226/2014
28(4)(j).............................................	rs. 226/2014
28(4)(ja)-(jb).....................................	ad. 226/2014
30......................................................	rs. 226/2014; am. 164/2020
30A...................................................	ad. 226/2014
30B...................................................	ad. 226/2014
30B(1)(e)......................................	ad. 164/2020
30B(2)-(3)....................................	rs. 164/2020
30B(4)..........................................	ad. 164/2020
31(1)(h).............................................	am. 226/2014
31(2).................................................	am. 164/2020
32......................................................	rs. 164/2020
32A...................................................	ad. 164/2020
33......................................................	am. 164/2020
33A...................................................	ad. 36/2017
34(1).................................................	rs. 226/2014; am. 36/2017, 137/2018, 164/2020
34(2).................................................	rs. 226/2014; am. 137/2018
34(2A)..............................................	ad. 137/2018
34(3).................................................	rs. 226/2014; am. 137/2018, 164/2020
34(4).................................................	rs. 137/2018
34(5)-(6)...........................................	rep. 226/2014
35(2)-(3)...........................................	am. 137/2018
36(2).................................................	rep. 226/2014
36(3).................................................	rep. 137/2018
36(4).................................................	am. 226/2014, 137/2018
36(4)(a)-(b)..................................	am. 36/2017, 137/2018
36(5).................................................	am. 226/2014
36(6)-(7)...........................................	ad. 137/2018
37......................................................	rs. 137/2018
37(1)............................................	am. 226/2014
37(1A).........................................	ad. 226/2014
37(3)............................................	am. 36/2017
37(3)(c)........................................	ad. 36/2017
37(6)-(7)......................................	rs. 226/2014
37A-E...............................................	ad. 137/2018
37F....................................................	ad. 137/2018
37F(1)(a)(i)..................................	am. 164/2020
38......................................................	am. 226/2014, 137/2018
40......................................................	rs. 226/2014; am. 137/2018
40(2)............................................	am. 137/2018
40(3)-(4)......................................	rs. 137/2018
41(1).................................................	rep. 164/2020
42(2)(a) and (c).................................	am. 164/2020
43......................................................	rs. 227/2014
43(1), defn. of “criminal record check”......................................	rep. 137/2018 ad. 164/2020
43(1), defn. of “record check”....	am. 137/2018; rs. 164/2020
43(2)............................................	rep. 137/2018
43(3)............................................	rs. 137/2018
43(4)............................................	am. 137/2018, 164/2020
43(5)-(7)......................................	am. 137/2018
43(8)............................................	rep. 137/2018 ad. 164/2020
43(10)..........................................	am. 137/2018
44(1)................................................	am. 164/2020
44(2)-(3)..........................................	rep. 164/2020
44(4)................................................	am. 164/2020
44(4)(a)........................................	am. 164/2020
45.....................................................	rs. 164/2020
46(2).................................................	rep. 226/2014
47(1).................................................	am. 226/2014
47(3).................................................	rs. 164/2020
47(4)-(5)...........................................	rep. 164/2020
47(6)-(7)...........................................	am. 226/2014; rep. 164/2020
48-49.................................................	rep. 164/2020
50......................................................	rs. 164/2020
50A-50B...........................................	ad. 164/2020
53......................................................	am. 164/2020
55(1).................................................	rs. 226/2014
56......................................................	ad. 155/2011
Forms
Forms 1-2.........................................	am. 226/2014, 164/2020
“Day Care Act” replaced throughout with “Early Learning and Child Care Act”........................................................	am. 164/2020
“family home day care program” replaced throughout, except in defn. of “former regulations,” with “family home child-care program”.............	am. 164/2020
“family day care homes” replaced throughout with “family child-care homes”...........................................	am. 164/2020
“family day care home” replaced throughout with “family child-care home”.............................................	am. 164/2020
“day care program” replaced throughout, except in defn. of “former regulations,” with “child-care program”.............	am. 164/2020
“day care” replaced throughout, except in defn. of “former regulations,” with “child care”....................................	am. 164/2020
“license” replaced throughout with “licence”.........................................	am. 164/2020

	Note	Effective date
1	The reference to the Department of Education in s. 36(3)(a) should be read as a reference to the Department of Education and Early Childhood Development in accordance with Order in Council 2013-128 under the Public Service Act, R.S.N.S. 1989, c. 376. (corrected by N.S. Reg 137/2018)	Apr 4, 2013
2	The reference to a school board in s. 3(2)(g) should be read as a reference to an education entity as defined in the Education Act in accordance with amendments made by S.N.S. 2018, c. 1 (the Education Reform (2018) Act), s. 52. (corrected by N.S. Reg 137/2018)	Apr 1, 2018
3	Definition of “pre-primary child” added by N.S. Reg. 137/2018 moved to correct place in alphabetical order for the purposes of this consolidation.
4	The amendment to the definition of “school-age program” made by N.S. Reg. 137/2018 cannot be made as instructed because the definition does not include the specified text; amendment applied to the definition of “school-age child” for the purpose of this consolidation. (Corrected by N.S. Reg 165/2020, which amends N.S. Reg. 137/2018 to correct an error in the amending language by striking out “who is” in amending clause 1(j). Amendment applied to definition of “school-age program” in consolidation.)
5	Amending instructions in N.S. Reg. 164/2020 specify amendments to s. 42(2)(c)(b) and (c), which do not exist. Amendment also cannot be made to the clauses as instructed because clause (b) does not include the specified text. Amendments made to s. 42(2)(a) and (c) for the purposes of this consolidation.
6	The title of the Act is changed from the Day Care Act to the Early Learning and Child Care Act by S.N.S. 2018, c. 33, proclaimed in force by N.S. Reg. 163/2020.	Oct 27, 2020
7	Title of regulations amended from Day Care Regulations by N.S. Reg. 164/2020.

N.S. Regulation	Title	In force date	Repealed date
19/1969	Day Nurseries Regulations	Mar 1, 1969	Jan 1, 1980
195/1979	Day Care Regulations	Jan 1, 1980	Apr 1, 2011
241/2007	Family Home Day Care Program Regulations	Apr 24, 2007	Apr 1, 2011

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.

Early Learning and Child Care Regulations	N.S. Reg. 193/2010
Early Learning and Child Care Act
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.