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Past version: as posted on Apr 4, 2018
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Citation to this version:
Day Care Regulation, NB Reg 83-85, <https://canlii.ca/t/5343g> retrieved on 2024-05-01
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This regulation is current to 2024-04-23 according to the New Brunswick Acts and Regulations Web site
Enabled Regulations
Family Services Act, SNB 1980, c F-2.2
Amendments to this statute since 2006
Volume, chapter
SNB 2010, c E-0.5
Early Learning and Childcare Act (Bill 49, assented to 2010-04-16)
SNB 2008, c 6
An Act to Amend the Executive Council Act (Bill 54, assented to 2008-04-30)
SNB 2006, c 16
An Act to Amend the Executive Council Act (Bill 33, assented to 2006-06-22)
NEW BRUNSWICK
REGULATION 83-85
under the
Family Services Act
(O.C. 83-457)Under section 143 of the Family Services Act, the Lieutenant-Governor in Council makes the following Regulation:
99-51Repealed: 2010, c.E-0.5, s.71
“administrator” means a person appointed by an operator to supervise the day-to-day activities of a day care center;(administrateur)
“child” means a person twelve years of age or under, and a child with special needs;(enfant)
“child with special needs” means a person under the age of majority who suffers from a developmental handicap or has been recognized as a person requiring a specialized program or specialized supervision;(enfant ayant des besoins spéciaux)
“community day care home” means a home in which day care services are provided for a maximum of(foyer-garderie de type communautaire)
including those of the operator;
“day care center” means a facility in which day care services are provided for(garderie)
including those of the operator;
“day care facility” means a day care center, community day care home or a family day care home;(installation de garderie)
“day care services” means the care and supervision of a child for a period of less than twenty-four hours in a day care facility;(services de garderie)
“family day care home” means a home(foyer-garderie de type familial)
(a)
in which day care services are provided for a maximum of
(i)
two infants,
(ii)
four children of the age of two to five,
(iii)
five children of the age of six and over, or
(iv)
four children where the children are of the age five and under and six and over,
including those of the operator, and
“infant” means a person under the age of two;(enfant en bas âge)
“Minister” means the Minister of Education and Early Childhood Development;(ministre)
“primary staff member” means(membre du personnel d’encadrement)
who spends seventy-five per cent or more of the time at a day care center providing day care services directly to children and who is responsible for the safety, well-being and development of children.
“staff member” means a person who is employed in a day care facility and includes an operator who is a primary staff member and volunteers.(membre du personnel)
99-51; 2016, c.37, s.68
2.2The fee for the renewal of an approval issued in respect of a day care facility shall be as follows:
(b)
if the day care facility has been approved for day care services for 26 to 60 children,
(i)
from April 1, 2012, to March 31, 2013, inclusive - $90,
(ii)
from April 1, 2013, to March 31, 2014, inclusive - $100, and
(iii)
on and after April 1, 2014 - $112.50; and
(c)
if the day care facility has been approved for day care services for more than 60 children,
(i)
from April 1, 2012, to March 31, 2013, inclusive - $120,
(ii)
from April 1, 2013, to March 31, 2014, inclusive - $135, and
(iii)
on and after April 1, 2014 - $150.
2012-38
3(1)A person who intends to operate a day care center may apply for the approval of the day care center, or an operator of an approved day care center may apply for the renewal of the approval by filing with the Minister an application on the form provided by the Minister.
3(2)Subject to subsection (3) and section 4, the Minister shall issue an approval or renew the approval of a day care center where
(b)
the public health inspector for the health region in which the day care center is located or any public health inspector appointed under the Public Health Act has given a written statement of compliance stating that the sanitation, lighting, ventilation and other general health standards in the day care center meet the standards established by the Minister of Health under the Public Health Act;
(c)
the fire marshal, the deputy fire marshal, a fire prevention officer, a special assistant or a local assistant appointed under the Fire Prevention Act has given a written statement of compliance stating that the day care center meets fire prevention standards and building standards
(i)
approved by the fire marshal, or
(ii)
prescribed by or incorporated by reference into regulations under the Fire Prevention Act;
(d)
the Minister is satisfied that the day care center complies with the standards and criteria prescribed by this Regulation and any criteria and standards prescribed by the Minister;
(e)
upon the Minister’s request, the applicant demonstrates to the satisfaction of the Minister that the day care center will meet the needs of the community; and
(f)
the Minister is satisfied that the operator of the day care center
(i)
will operate the day care center in a manner that will maintain a spirit that is conducive to the development of a child;
(ii)
will be willing to participate in training programs or workshops that are determined by the Minister to be advantageous;
(iii)
will provide an atmosphere that is safe but non-restrictive to a child’s development;
(iv)
is aware of local community services that may be used to enhance the quality of programs and services available in the day care center;
(v)
will maintain a working relationship with the officials of the department who provide consultation to day care centers; and
(vi)
meets any other requirements respecting qualifications of an operator which the Minister may prescribe.
4(1)A valid and existing licence issued to a day care center under Regulation 74-119 under the Day Care Act shall be deemed to be an approval by the Minister under the Act issued in accordance with section 3.
4(2)The maximum number of children which may be in attendance at any one time in a day care center licensed under Regulation 74-119 under the Day Care Act at the time of the coming into force of this Regulation shall be that number which has been authorized for the day care center at the time of the coming into force of this Regulation.
4(3)Subject to subsection (4), where a day care center is licensed under the Day Care Act at the time of the coming into force of this Regulation and the licence is deemed to be an approval in accordance with subsection (1), the operator of the day care center may continue to operate the facility notwithstanding that the facility does not comply with the standards and criteria prescribed by this Regulation and any standards and criteria prescribed by the Minister.
4(4)The approval of a day care center deemed to have been issued by the Minister shall expire one year from the date of the coming into force of this Regulation unless
5(1)A person who intends to operate a community day care home may apply for the approval of the community day care home, or an operator of an approved community day care home may apply for a renewal of the approval of that home by filing with the Minister an application on the form provided by the Minister.
(b)
the Minister is satisfied that the community day care home complies with any standards and criteria prescribed by this Regulation and any criteria and standards prescribed by the Minister for a community day care home;
92-138; 2012-38; 2016, c.37, s.68
6(1)A parent who meets the financial criteria fixed under the Day Care Contribution Schedule prescribed by the Minister may recommend to the Minister that a facility which his child is attending be approved as a family day care home.
(a)
the operator and the parent of a child attending the home have completed an application on the form provided by the Minister;
(b)
the Minister is satisfied that the family day care home complies with any criteria and standards prescribed by this Regulation and any criteria and standards prescribed by the Minister for a family day care home;
(b)
inform the applicant of the right of review of the Minister’s decision pursuant to section 15 of the Act.
(b)
inform the applicant and the parent of the right of review of the Minister’s decision pursuant to section 15 of the Act.
9Where the Minister has ordered the operation of a day care center, a community day care home or a family day care home to be terminated in accordance with section 27 of the Act, he shall revoke an approval issued or renewed under section 3, 5 or 6 or deemed to have been issued under this Regulation.
15(1)Fire safety and building standards in a day care center shall be maintained in accordance with
(a)
the standards prescribed by or incorporated by reference into regulations under the Fire Prevention Act,
(b)
the standards approved by the fire marshal, deputy fire marshal, a fire prevention officer, a special assistant or a local assistant in accordance with the Fire Prevention Act, and
19Every day care center shall be equipped with a fire alarm system or smoke detectors as prescribed by the Fire Prevention Act or as required by the fire marshal, the deputy fire marshal, a fire prevention officer, a special assistant or a local assistant in accordance with that Act.
23.1(0.1)In this section, “staff member” includes an operator no matter what percentage of time he or she spends providing day care services directly to children.
(a)
a court order based on a finding by the court that a person has endangered a child’s security or development as described in paragraphs 31(1)(a) to (g) of the Act or a person’s security as described in paragraphs 37.1(1)(a) to (g) of the Act,
(b)
a finding by the Minister of Families and Children, as the result of an investigation by him or her, that a person has endangered the security or development of a child as described in paragraphs 31(1)(a) to (g) of the Act, where the person has been informed of the finding of the Minister of Families and Children, and
(c)
a finding by the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be, as the result of an investigation by him or her, that a person has endangered the security of another person as described in paragraphs 37.1(1)(a) to (g) of the Act, where the person has been informed of the finding of the Minister of Families and Children or the Minister of Seniors and Long-Term Care, as the case may be.
23.1(4.2)An operator of a day care center may employ or otherwise engage a person as a staff member if the person has been convicted of an offence under section 253 of the Criminal Code (Canada) but that staff member shall not transport any child in a motor vehicle while acting in the course of his or her employment for five years after the date of his or her conviction.
23.1(5)An operator of a day care center shall not employ or otherwise engage a person as a staff member if the person has been convicted of an offence under any section of the Criminal Code (Canada) listed in Schedule C or has been identified by a check with the Department as falling within the scope of paragraphs (2)(a) to (c).
(a)
have the personality, ability and temperament to provide services in a day care center in a manner that will maintain a spirit that is conducive to the development of a child;
(b)
participate in training programs or workshops that are determined by the Minister to be advantageous;
(d)
be aware of local community services that may be used to enhance the quality of programs and services available in the day care center;
99-51; 2016, c.37, s.68