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B.C. Reg. 332/2007
O.C. 728/2007
Deposited November 8, 2007

Community Care and Assisted Living Act

Child Care Licensing Regulation

Note: Check the Cumulative Regulation Bulletin 2014
for any non-consolidated amendments to this regulation that may be in effect.

[includes amendments up to B.C. Reg. 205/2013, December 1, 2013]

Point in Time

Contents
Part 1 — Definitions, Exemptions and Other Matters
 Division 1 — Definitions
 1 Definitions
 2 Care programs
 Division 2 — Exemptions from the Act
 3 Certain programs exempted
 4 Use of terms prohibited if this regulation does not apply
 5 Exemptions by medical health officer
 6 Variations from prior approvals
 Division 3 — Other Matters
 7 Applications under this regulation
 8 Others may act
Part 2 — Licensing and Facility Requirements
 Division 1 — Licensing
 9 Applying for a licence
 10 Continuing duty to inform
 11 Posting and advertising of licence and certificates
 12 Investigation or inspection
 Division 2 — Facility Requirements
 13 Environment
 14 Physical requirements of facility
 15 Furniture, equipment and fixtures
 16 Play area, materials and equipment
 17 Hazardous objects and substances
Part 3 — Manager and Employee Requirements
 Division 1 — General Requirements
 18 Requirements of manager
 19 Character and skill requirements
 20 Additional criminal record checks
 21 Continuing health of licensees and employees
 22 Emergency training and equipment
 23 First aid
 Division 2 — Employee Qualifications
 24 Director of the early childhood educator registry
 25 Early childhood educator certificate
 26 Special needs early childhood educator certificate and infant and toddler educator certificate
 27 Early childhood educator assistant certificate
 28 Equivalent programs and courses
 29 Responsible adults
 Division 3 — Certificates
 30 Expiry and renewal of certificates
 31 One year early childhood educator certificate
 32 Suspending, cancelling or varying certificates
 33 Hearing
 Division 4 — Supervision of Children
 34 Group sizes and employee to children ratios
 35 Conducting other business prohibited
 36 Absent licensees
 37 Absent employees
 38 Discontinued employment
 39 Continuous supervision required
Part 4 — Operations
 Division 1 — General Care Requirements
 40 Maximum hours of care
 41 Overnight care
 42 Positioning for sleep
 43 Opportunities for growth
 44 Program of activities
 45 Transportation
 46 Health and hygiene
 47 Heated water
 48 Nutrition
 49 Parental access
 50 Access by others
 Division 2 — Guidance and Treatment of Children
 51 Behavioural guidance
 52 Harmful actions not permitted
 Division 3 — Illnesses
 53 Medication
 54 Child who becomes ill
 55 Notification of illness or injury
 Division 4 — Records
 56 Community care facility records
 56.1 Repayment agreements
 57 Records for each child
 58 Care plans
 59 Records must be available
 60 How long records must be kept
Part 5
 61-73 Repealed
Part 6 — Transition
 74 Repealed
 75 Repealed
 76 Repealed
 77 Repealed
Schedule A
Schedule B
Schedule C
Schedule D
Schedule E
Schedule F
Schedule G
Schedule H

Part 1 — Definitions, Exemptions and Other Matters

Division 1 — Definitions

Definitions

1  In this regulation:

"Act" means the Community Care and Assisted Living Act;

"assistant" means a person holding an early childhood assistant certificate;

"care plan" means a record under section 58 [care plans];

"care program" means supervision that is provided to a child under a program described in section 2 [care programs];

"certificate" means an early childhood educator certificate, a special needs early childhood educator certificate, an infant and toddler educator certificate or an early childhood educator assistant certificate, issued under Division 2 of Part 3;

"child" means a person in care who is a child, except in

(a) section 3 [certain programs exempted],

(b) Division 2 [Employee Qualifications] of Part 3, and

(c) Schedule C [first aid];

"child requiring extra support" means a child who, for physical, intellectual, emotional, communicative or behavioural reasons, requires support or services that are additional to, or distinct from, those provided to other children;

"criminal record check" means,

(a) in the case of an employee who is not a volunteer, a criminal record check under the Criminal Records Review Act, and

(b) in the case of an employee who is a volunteer, including a parent, a criminal record check

(i)   under the Criminal Records Review Act, or

(ii)   performed by a member of a local department of the provincial police force, a municipal police department or a designated policing unit within the meaning of the Police Act;

"director" means the person responsible for issuing, varying, suspending and cancelling certificates under Divisions 2 and 3 of Part 3;

"educator" means a person holding a certificate, other than an assistant;

"emergency contact" means a person who is to be contacted in place of a parent if a parent cannot be reached, as set out in a record under section 57 (2) [records for each child];

"licensee" means a person licensed to provide a care program;

"parent" means the parent of a child and includes, if applicable,

(a) the child's guardian,

(b) the person legally entitled to custody of the child, or

(c) the person who usually has the care and control of the child;

"period of school closure" means any period during which school is closed to students, including during the summer, spring and winter vacations, statutory holidays, and any days set aside in the school calendar for administrative days or other days when students are not in attendance;

"personal residence" means the place where a person usually makes his or her home;

"preschool child" means a child who is at least 30 months old but has not yet entered grade 1;

"responsible adult" means a person who is qualified to act as a responsible adult under section 29 [responsible adults].

[am. B.C. Regs. 202/2011, s. 1; 354/2012.]

Care programs

2  (1) For the purpose of paragraph (a) of the definition of "care" in section 1 of the Act, the following programs are prescribed:

(a) Group Child Care (Under 36 Months), being a program that provides care to children who are younger than 36 months old;

(b) Group Child Care (30 Months to School Age), being a program that provides care to preschool children;

(c) Preschool (30 Months to School Age), being a program that provides care to preschool children who are at least

(i)   30 months old on entrance to the program, and

(ii)   36 months old by December 31 of the year of entrance;

(d) Group Child Care (School Age), being a program that provides, before or after school hours or during periods of school closure, care to children who attend school, including kindergarten;

(e) Family Child Care, being a program in which the licensee

(i)   is a responsible adult, and

(ii)   personally provides care, within the licensee's personal residence, to no more than 7 children;

(f) Occasional Child Care, being a program that provides, on an occasional or short-term basis, care

(i)   to preschool children who are at least 18 months old, and

(ii)   Repealed. [B.C. Reg. 202/2011, s. 2 (b).]

(g) Multi-Age Child Care, being a program that provides, within each group, care to children of various ages;

(h) In-Home Multi-Age Child Care, being a program in which the licensee personally provides care, within the licensee's personal residence, to no more than 8 children of various ages.

(2) For the purpose of paragraph (a) of the definition of "care" in section 1 of the Act, Child-minding is a prescribed program if all of the following conditions are met:

(a) child-minding services are provided by a person who, with funds provided for this purpose under a funding agreement with the government of Canada or the government of British Columbia, operates a program that provides services to immigrants in respect of English as a Second Language, settlement or labour market integration;

(b) operation of the child-minding service is included within the terms of the funding agreement referred to in paragraph (a);

(c) the child-minding service provides care to children who are younger than 13 years old;

(d) a parent of each child

(i)   is engaged in a program referred to in paragraph (a) on the same premises as where the child-minding service operates,

(ii)   is present on the premises while the child is in care, and

(iii)   is immediately accessible at all times to attend to the child's needs.

[am. B.C. Regs. 202/2011, s. 2; 121/2013.]

Division 2 — Exemptions from the Act

Certain programs exempted

3  (1) Subject to subsection (2), the following are exempt from the Act:

(a) an early learning program within the meaning of the School Act;

(b) a course of activity or study for children that has the promotion of specific recreational, artistic, musical or athletic skills, or religious instruction, as its only purpose;

(c) tutoring for children that has the promotion of specific academic skills as its only purpose;

(d) a program commonly known as a summer camp or day camp that

(i)   is provided only to children aged

(A)  6 years or older, or

(B)  5 years or older, if each child who is 5 years old is entitled to enrol in grade 1,

(ii)   operates for no more than 13 weeks in each calendar year, and

(iii)   operates only during periods of school closure;

(e) a child-minding service, if each child's parent is

(i)   engaged in a recreational activity, or a parenting or life-skills class, on the same premises as where the service operates,

(ii)   engaged in activities or classes for a total of less than 2 hours each day, and

(iii)   immediately accessible at all times to attend to the child's needs;

(f) a program for children that is

(i)   operated, in respect of each group of children who attend the program, for 2 hours or less each day, and

(ii)   directly operated and funded by a municipality.

(g) Repealed. [B.C. Reg. 332/2007, s. 3 (3).]

(2) For greater certainty, a program that is described in subsection (1) is not exempt if the program is delivered in a place that is regulated under the Act as a program of residential care.

(3) Subsection (1) (g) is repealed December 1, 2011.

[am. B.C. Regs. 102/2011; 202/2011, s. 3.]

Use of terms prohibited if this regulation does not apply

4  A program for children to which this regulation or the School Act does not apply must not, in any part of the title or advertising of the program,

(a) use the words "care" or "school", or

(b) imply, directly or indirectly, that the primary purpose of the program is to provide care, regulated under this or another enactment, for children.

Exemptions by medical health officer

5  (1) An applicant for a licence or a licensee may apply for an exemption under section 16 [exemptions] of the Act by submitting an application to a medical health officer.

(2) A licensee who is applying to temporarily place or retain in a care program a child who would not otherwise be eligible for the care program must show that

(a) the temporary placement or retention is in the best interests of the child, and

(b) the limits or ratios specified for the facility in respect of group size, the number of children cared for in the facility at one time and the ratio of employees to children are not exceeded.

(3) A medical health officer may grant an exemption to any section of the Act or regulation except the provisions listed in Schedule A.

(4) A medical health officer who rejects a request for an exemption, or who does not grant the requested exemption in full, must provide the applicant with written reasons for the rejection or for not granting part of the exemption.

Variations from prior approvals

6  In determining whether to grant an application made under section 5 (1) [exemptions by medical health officer] that would affect

(a) an exemption that was granted under section 5 (3) of the Community Care Facility Act, R.S.B.C. 1996, c. 60, before that provision was repealed,

(b) a substitute requirement that was imposed under section 5 (4) of the Community Care Facility Act before that provision was repealed,

(c) an alternative arrangement approved under sections 15 (3), 30 (1.1), 30.1, 33.1, 36.1 (1), 67.1 (1) or section 10 of Schedule E of B.C. Reg. 319/89 before those provisions were repealed,

(d) an authorization granted under section 51 (2) (a) of B.C. Reg. 319/89 before that provision was amended by B.C. Reg. 217/2004, or

(e) an exemption that was granted under section 16 [exemptions] of the Act before November 1, 2007,

the medical health officer must accept the exemption, substitute requirement, alternative arrangement or authorization on its face and consider only the merits of the application.

Division 3 — Other Matters

Applications under this regulation

7  A person who makes an application under this regulation must, in addition to any other requirement set out in the Act or this regulation,

(a) make the application in writing to, and in the form required by, the person to whom the application must be made, and

(b) provide any records or other information requested for the purposes of evaluating the application by the person to whom the application must be made.

Others may act

8  (1) Anything that may be done under this regulation by an assistant may be done by an educator.

(2) Anything that may be done under this regulation by a responsible adult may be done by an educator or an assistant.

Part 2 — Licensing and Facility Requirements

Division 1 — Licensing

Applying for a licence

9  (1) A person who is 19 years old or older may apply for a licence by submitting to a medical health officer both

(a) an application, and

(b) records respecting all of the matters set out in Schedule B.

(2) A medical health officer must not issue a licence in respect of a community care facility in which 8 or fewer persons in care will receive care unless the medical health officer is satisfied that, in the event of a fire or other emergency, each person in care can either

(a) exit the community care facility unaided, or

(b) be removed safely from the community care facility by employees.

[am. B.C. Reg. 95/2009, s. 1.]

Continuing duty to inform

10  (1) Applicants for licences and licensees must notify a medical health officer immediately of any change in the information provided under section 9 [applying for a licence].

(2) Licensees must not make any structural change to a community care facility unless the licensee first

(a) submits plans for the change to a medical health officer, and

(b) receives written approval from the medical health officer.

Posting and advertising of licence and certificates

11  (1) A licensee must display in a prominent place in the community care facility both the licence, including any terms or conditions of the licence, and the name of the manager.

(2) Subsection (1) does not apply to a licensee who provides a care program described as Family Child Care or In-Home Multi-Age Child Care, unless a medical health officer directs otherwise.

(3) When advertising or otherwise offering services to the public, a licensee must identify the care program being offered.

(4) A licensee must display in a prominent place in the community care facility the certificate of any educator or assistant employed to work in the community care facility.

Investigation or inspection

12  (1) During an investigation or inspection, a person must not do either of the following:

(a) obstruct a medical health officer;

(b) withhold, conceal or destroy any records or information relevant to the investigation or inspection or required by the medical health officer.

(2) If requested by a medical health officer, a licensee who is being investigated must provide to the medical health officer a plan to ensure the health and safety of children during the investigation.

Division 2 — Facility Requirements

Environment

13  (1) A licensee must ensure that a healthy and safe environment is provided at all times while children are under the supervision of employees.

(2) A licensee must ensure that the community care facility and the furniture, equipment and fixtures within it are clean and in good repair while children are in attendance.

(3) A licensee must ensure that, while children are under the supervision of employees, no one smokes on the premises of a community care facility or in any vehicle used by employees to transport children.

(4) If a child who requires extra support is attending the community care facility, the licensee must ensure that the physical structure of the community care facility is modified to meet the needs of the child while the child is in attendance.

Physical requirements of facility

14  (1) A licensee, other than a licensee who provides a care program described as Family Child Care or Child-minding, must have for each child at least 3.7 m2 of usable floor area in the community care facility, excluding

(a) hallways,

(b) built in storage areas,

(c) bathrooms, and

(d) fixed appliances, or, if not fixed, large appliances that are not normally moved from one area to another.

(2) A licensee must have one toilet and wash basin for every 10 children or fewer.

(3) A licensee, other than a licensee who provides a care program described as Family Child Care or In-Home Multi-Age Child Care, must ensure that the toilets and wash basins referred to in subsection (2) are on the same floor as the community care facility.

(4) A licensee, other than a licensee who provides a care program described as either Preschool (30 Months to School Age) or Group Child Care (School Age), must have in a community care facility a sturdy surface for changing diapers, located outside the food preparation area, next to both

(a) a covered container for soiled clothing, and

(b) a wash basin.

[am. B.C. Reg. 202/2011, s. 4.]

Furniture, equipment and fixtures

15  (1) A licensee must supply equipment, furniture and supplies that are

(a) of sturdy and safe construction, easy to clean and free from hazards, and

(b) located so as not to block or hamper an exit in the case of fire or other emergency.

(2) A licensee must ensure that each piece of furniture or equipment for sleeping

(a) is used by only one child at a time,

(b) is clean and comfortable, and

(c) is appropriate for the size, age and development of the children intended to use it.

(3) A licensee providing a care program to any child younger than 36 months of age must provide a separate sleeping area located away from any activity area.

Play area, materials and equipment

16  (1) A licensee, other than a licensee who provides a care program described as Occasional Child Care or Child-minding, must have for each child at least 7 m2 of outdoor play area.

(2) Subsection (1) does not apply to a licensee who provides a care program described as Family Child Care, but the licensee must provide an indoor and outdoor play area for children.

(3) A licensee must ensure that the entire outdoor play area is

(a) enclosed in a manner that is suitable for the age and development of children, and will ensure that children are free of harm, and

(b) constructed in a manner, and using materials, that are suitable for the age and development of the children intended to use it.

(4) A licensee must ensure that all indoor and outdoor play materials and equipment accessible to children are

(a) suitable for the age and development of the children, and

(b) safely constructed, free from hazards and in good repair.

[am. B.C. Reg. 202/2011, s. 5.]

Hazardous objects and substances

17  A licensee must ensure that children do not have access to any object or substance that may be hazardous to the health or safety of a child.

Part 3 — Manager and Employee Requirements

Division 1 — General Requirements

Requirements of manager

18  A licensee must not employ as a manager a person who, at the time that the person is managing the licensee's community care facility, is also managing another community care facility.

Character and skill requirements

19  (1) A licensee must not employ a person in a community care facility unless the licensee or, in the case of a person who is not the manager, the manager has first met with the person and obtained all of the following:

(a) a criminal record check for the person;

(b) character references in respect of the person;

(c) a record of the person's work history;

(d) copies of any diplomas, certificates or other evidence of the person's training and skills;

(e) a statement signed by a medical practitioner indicating that the person is physically and psychologically capable of working with children and carrying out assigned duties in a community care facility;

(f) evidence that the person has complied with the Province's immunization and tuberculosis control programs.

(2) A licensee must not employ a person in a community care facility unless the licensee is satisfied, based on the information available to the licensee under subsection (1) and the licensee's or, in the case of an employee who is not the manager, the manager's own observations on meeting the person, that the person

(a) is of good character,

(b) has the personality, ability and temperament necessary to manage or work with children, and

(c) has the training and experience and demonstrates the skills necessary to carry out the duties assigned to the manager or employee.

(3) Without limiting subsection (2), if the duties of an employee include care for a child who requires extra support, a licensee must ensure that the employee has the training and experience and demonstrates the skills necessary to care for that child.

(4) A licensee must not employ a person in a community care facility as

(a) an educator or an assistant unless the person holds a certificate issued under Division 2 [Employee Qualifications], or

(b) a responsible adult unless the person has the qualifications required under Division 2.

Additional criminal record checks

20  (1) The licensee must not permit a person over the age of 12 to be ordinarily present on the premises of a community care facility while children are present, unless the person is of good character and the licensee has obtained a criminal record check for that person.

(2) For the purposes of subsection (1), a parent who is only picking up or dropping off a child at a community care facility is not "ordinarily present".

Continuing health of licensees and employees

21  (1) A licensee must not continue to employ a person in a community care facility unless the licensee has evidence that the person continues to comply with the Province's immunization and tuberculosis control programs.

(2) If a medical health officer reasonably believes that a licensee or an employee may present a risk to children, the medical health officer may request a licensee to produce a statement, signed by a medical practitioner within a specified time, stating that the licensee or employee is physically and psychologically capable of carrying out assigned duties.

Emergency training and equipment

22  (1) A licensee must have all of the following:

(a) emergency exits and a fire drill system approved by a local assistant within the meaning of the Fire Services Act;

(b) an emergency plan that sets out procedures to prepare for, mitigate, respond to and recover from any emergency.

(2) A licensee must ensure that each employee

(a) is trained in the implementation of the fire drill system and emergency plan described in subsection (1), including the use of any equipment noted in the fire drill system and emergency plan,

(b) practises implementing the fire drill system at least once each month, and

(c) practises implementing the emergency plan at least once each year.

(3) A licensee must display a copy of the fire drill system in a prominent place in the community care facility.

(4) A licensee must ensure that all employees have access, in an emergency, to reliable communications equipment.

First aid

23  (1) A licensee must ensure that children have at all times immediate access to an employee who

(a) holds a valid first aid and CPR certificate, provided on completion of a course that meets the requirements of Schedule C,

(b) is knowledgeable respecting each child's medical condition, if any, and

(c) is capable of effectively communicating with emergency personnel.

(2) A licensee must have first aid kits that are readily accessible to all employees, including while care is provided off the community care facility premises.

Division 2 — Employee Qualifications

Director of the early childhood educator registry

24  (1) The director of the early childhood educator registry is the person who holds the position of "Director" of the office responsible for child care programs and services in the ministry of the minister responsible for the Child, Family and Community Services Act.

(2) If the Director described in subsection (1) is unable or unavailable to act, and has no deputy or person appointed to act for the director, the director of licensing must perform the duties and functions of the director of the early childhood educator registry.

Early childhood educator certificate

25  (1) The director may issue an early childhood educator certificate to a person who does all of the following:

(a) submits an application to the director;

(b) has successfully completed, through an educational institution recognized for the purposes of this section in Schedule D, a basic early childhood education training program;

(c) provides a written reference from the educator who supervised the work experience referred to in paragraph (d) stating that the person is personally satisfied, from his or her own observations of the applicant, that the applicant is competent

(i)   in the areas of child development, guidance, health and safety and nutrition,

(ii)   to develop and implement an early childhood education curriculum, and

(iii)   with respect to the fostering of positive relationships with children under the care of the applicant, the families of children and with co-workers;

(d) provides proof of

(i)   having completed, within the previous 5 years, at least 500 hours of work experience relevant to early childhood education, or

(ii)   sufficient child care experience, completed within the previous 5 years, that the director is satisfied that the applicant has become competent in the matters set out in paragraph (c);

(e) demonstrates to the satisfaction of the director that the applicant

(i)   is of good character,

(ii)   has the personality, ability and temperament necessary to manage or work with children, and

(iii)   has the training and experience and demonstrates the skills necessary to be an educator.

(2) For the purposes of subsection (1) (c), the director may accept a reference from a person who holds qualifications recognized in another jurisdiction of Canada that the director considers to be at least equivalent to that of an educator.

[am. B.C. Reg. 202/2011, s. 6.]

Special needs early childhood educator certificate and infant and toddler educator certificate

26  The director may issue a special needs early childhood educator certificate or an infant and toddler educator certificate to an applicant who

(a) submits an application to the director,

(b) holds an early childhood educator certificate issued under section 25,

(b.1) demonstrates to the satisfaction of the director that the applicant

(i)   is of good character,

(ii)   has the personality, ability and temperament necessary to manage or work with children with special needs or with infants and toddlers, as applicable, and

(iii)   has the training and experience and demonstrates the skills necessary to be an educator, and

(c) has successfully completed, through an educational institution recognized for the purposes of this section in Schedule D, a special needs early childhood educator training program or an infant and toddler educator training program, as applicable.

[am. B.C. Reg. 202/2011, s. 7.]

Early childhood educator assistant certificate

27  The director may issue an early childhood educator assistant certificate to an applicant who has never before held an early childhood educator assistant certificate and who does all of the following:

(a) submits an application to the director;

(b) has successfully completed, through an educational institution recognized for the purposes of this section in Schedule D, at least one course of a basic early childhood education training program in

(i)   child development,

(ii)   child guidance, or

(iii)   child health, safety and nutrition;

(c) demonstrates to the satisfaction of the director that the applicant

(i)   is of good character,

(ii)   has the personality, ability and temperament necessary to manage or work with children,

(iii)   has the training and experience, completed within the previous 5 years, to be an early childhood educator assistant, and

(iv)   demonstrates the skills necessary to be an early childhood educator assistant.

[en. B.C. Reg. 202/2011, s. 8.]

Equivalent programs and courses

28  (1) Despite sections 25 to 27 [requirements for certificates], the director may exempt an applicant for a certificate from a requirement under any of those sections to complete a program or course if

(a) the applicant has completed a program or course

(i)   in qualifying for another profession, or

(ii)   through an educational institution that is not recognized for the purposes of section 25 (1) (b), 26 (c) (i) or (ii) or 27 (b), as applicable, in Schedule D, and

(b) the director considers the completed program or course to be at least equivalent to the required program or course.

(2) For the purposes of subsection (1), the director may determine that a program or course is not equivalent to a required program or course solely on the basis that the institution through which the applicant completed the program or course is not approved by a provincial, state, national or other government body.

[am. B.C. Reg. 202/2011, s. 9.]

Responsible adults

29  To qualify for employment in a community care facility as a responsible adult, a person must

(a) be at least 19 years of age,

(b) be able to provide care and mature guidance to children,

(c) have completed a course, or a combination of courses, of at least 20 hours duration in child development, guidance, health and safety, or nutrition, and

(d) have relevant work experience.

Division 3 — Certificates

Expiry and renewal of certificates

30  (1) A certificate expires on the 5th anniversary after its date of issue.

(2) Subject to subsections (4), (5) and (6), an application to renew a certificate must be submitted to the director before the certificate expires.

(3) The director may renew under section 25 or 26, as applicable, an early childhood educator certificate, a special needs early childhood educator certificate or an infant and toddler educator certificate if satisfied that the applicant

(a) is of good character and,

(b) during the term of the current certificate, has completed at least 40 hours of professional development and 400 hours of work experience, both relevant to early childhood education.

(4) The director may renew an early childhood educator assistant certificate, including an early childhood assistant certificate that has expired, if satisfied that the applicant

(a) is of good character and,

(b) has completed, within 5 years before the application is made,

(i)   400 hours of work experience relevant to early childhood education, and

(ii)   one additional course of a basic early childhood education training program through an educational institution listed in item 1 of Schedule D.

(5) The director may accept an application to renew an early childhood educator certificate, a special needs early childhood educator certificate or an infant and toddler educator certificate that expired within 5 years before the application to renew, and issue a new certificate, if the director is satisfied of all of the following:

(a) that the applicant's late application was due to circumstances beyond the applicant's control;

(b) that the applicant is of good character;

(c) that the applicant has completed, within 5 years before the application is made, at least 40 hours of professional development and 400 hours of work experience, both relevant to early childhood education.

(6) The director may accept an application to renew an early childhood educator certificate, a special needs early childhood educator certificate or an infant and toddler educator certificate that expired more than 5 years before the application to renew, and issue a new certificate, if the director is satisfied of all of the following:

(a) that the applicant meets the criteria set out in section 25 (1) (c), (d) and (e);

(b) that the applicant has completed, within 5 years before the application to renew, at least 40 hours of professional development relevant to early childhood education.

[am. B.C. Reg. 202/2011, s. 10.]

One year early childhood educator certificate

31  (1) Despite sections 25 [early childhood educator certificate] and 30 [expiry and renewal of certificates], the director may issue, for a term of one year, an early childhood educator certificate to a person who meets all of the requirements of section 25 except those set out in paragraphs (c) and (d) of that section.

(2) A person holding a certificate issued under subsection (1) may, before the certificate expires, submit to the director an application for a certificate described in subsection (3) (a) or (b).

(3) The director must not issue a certificate to a person who submits an application under subsection (2) unless the director is satisfied that the applicant

(a) has completed all of the requirements set out in section 25 [early childhood educator certificates], in which case the director may issue a certificate under that section for a term of 5 years, or

(b) could not reasonably have met the requirements of paragraphs (c) and (d) of section 25 within the term of the certificate, in which case the director may issue a certificate under subsection (1) of this section.

(4) A renewal of a one year certificate under subsection (3) (b) may be made only once.

(5) Section 30 (5) applies to an application under subsection (2).

Suspending, cancelling or varying certificates

32  The director may suspend or cancel, attach terms or conditions to or vary terms or conditions of a certificate if, in the opinion of the director, the certificate holder

(a) does not meet the requirements described in section 19 [character and skill requirements], or

(b) has engaged or is engaging in conduct that detrimentally affected, or may detrimentally affect, the health, safety or well being of a child.

Hearing

33  (1) In this section, "action", in relation to a certificate, means any of the following:

(a) a refusal to issue a certificate under Division 2 [Employee Qualifications];

(b) a rejection of an application to renew a certificate or issue a new certificate under section 30 [expiry and renewal of certificates] or 31 [one year early childhood educator certificate];

(c) a suspension or cancellation of, an attachment of terms or conditions to or a variation of terms or conditions of a certificate under section 32 [suspending, cancelling or varying certificates].

(2) Subject to subsection (5), at least 30 days before taking an action, the director must give to the applicant or certificate holder

(a) a written notice stating

(i)   the action the director intends to take,

(ii)   the reason for doing so,

(iii)   the date the action is to take effect, and

(iv)   details of the manner in which the applicant or certificate holder may dispute the action, and

(b) a reasonable opportunity to provide evidence or submissions disputing the action.

(3) If the applicant or certificate holder disputes the intended action, the director may do either or both of the following:

(a) delay or suspend the date the action is to take effect, if satisfied that doing so would not be detrimental to the health, safety or well being of a child;

(b) after considering the evidence or submissions presented by or on behalf of the applicant or certificate holder,

(i)   take the intended action,

(ii)   take an action that is less restrictive, or

(iii)   in the case of an action described under subsection (1) (c), rescind the notice and take no action.

(4) The director must provide written reasons for the decision made under subsection (3) (b) (i) and (ii), and no further dispute may be made to the director.

(5) If the director has reasonable grounds to believe that there is an immediate risk to the health, safety or well being of a child, the director may

(a) suspend a certificate, attach terms or conditions to a certificate or vary terms or conditions of a certificate without 30 days' notice, but the remainder of this section applies, and

(b) if the certificate holder is currently employed by a licensee, notify that licensee of the action taken under this subsection.

Division 4 — Supervision of Children

Group sizes and employee to children ratios

34  (1) A licensee must ensure that children are adequately supervised by qualified employees in sufficient numbers to meet the needs of each child.

(2) Without limiting subsection (1), a licensee must ensure that

(a) children attending a community care facility are divided into groups, with each group having no more children than that permitted in Schedule E, and

(b) the ratio of employees to children attending a community care facility is no less than that permitted in Schedule E.

(3) Subsection (2) (a) does not apply to a licensee who provides

(a) a care program described as Family Child Care or In-Home Multi-Age Child Care, or

(b) care to fewer than the number of children permitted in a group under Schedule E.

(4) Despite this section, during the half hour before a care program begins and the half hour after a care program ends, a licensee may permit children who would otherwise be grouped in different care programs, and who are arriving at or leaving the community care facility, to be grouped together and supervised other than as required under Schedule E if

(a) the care program is described as Multi-Age Child Care, Group Child Care (Under 36 Months), Group Child Care (30 Months to School Age) or Group Child Care (School Age),

(b) a total of 8 or fewer children are present at the community care facility, of whom no more than 3 are younger than 36 months old, and

(c) there is at least one educator or assistant supervising the children.

Conducting other business prohibited

35  (1) This section applies to a licensee who provides a care program described as Family Child Care or In-Home Multi-Age Child Care.

(2) A licensee must not, while providing a care program, conduct any business or other activity within or from the licensee's personal residence that may

(a) interfere with the supervision of children or the space used for the care of children, or

(b) threaten the health or safety of children.

Absent licensees

36  (1) This section applies to a licensee who provides a care program described as Family Child Care or In-Home Multi-Age Child Care.

(2) If a licensee is absent because of illness, emergency, vacation or other temporary leave, the licensee must notify each child's parent or emergency contact of the absence and identify the person who will be acting as the licensee's temporary replacement.

(3) If a licensee is absent for more than 30 consecutive days, the licensee's temporary replacement must be approved by a medical health officer and

(a) in the case of a care program described as Family Child Care, hold the same qualifications as a manager, and

(b) in the case of a care program described as In-Home Multi-Age Child Care, be an educator.

(4) A licensee may be absent for the purposes of attending an educational program relevant to the care of children if the licensee gives notice of the intended absence to the medical health officer.

Absent employees

37  (1) In this section, "absent employee" means an employee described in Column 1 who is

(a) absent because of illness, emergency, vacation or other temporary leave, and

(b) expected to return to regular duties.

(2) A licensee must replace an absent employee.

(3) Despite the employee qualifications required by Column 4 of the table in section 1 of Schedule E [group sizes and employee to children ratios], a licensee must replace an absent employee described in Column 1 of the following table who is absent

(a) for fewer than 30 consecutive days with a person described in Column 3 opposite that employee and the row in Column 2 labelled as "< 30 days", and

(b) for 30 consecutive days or more with a person described in Column 3 opposite that employee and the row in Column 2 labelled as "≥ 30 days":

Column 1

Employee
Column 2

Period of absence
Column 3

Replacement
educator < 30 days educator or assistant
  ≥ 30 days educator holding at least the same certificate
assistant < 30 days educator, assistant or responsible adult
  ≥ 30 days educator or assistant
responsible adult any period educator, assistant or responsible adult
manager < 30 days a person qualified to be a manager under this regulation
≥ 30 days a person qualified to be a manager under this regulation,

with notice of the appointment given to the medical health officer

Discontinued employment

38  If for any reason an employee described in Column 1 of the table in section 37 [absent employees] ceases employment,

(a) section 37 applies, for up to 30 days from the date the employee ceases employment, as if the employee were absent, and

(b) the licensee must ensure that, within 30 days of the date the employee ceases employment, the licensee has sufficient staff to meet the requirements of section 34 [group sizes and employee to children ratios].

Continuous supervision required

39  (1) A licensee must ensure that children are supervised at all times by a person who is an educator, an assistant or a responsible adult.

(2) A licensee must ensure that a second adult is immediately available to supervise children in case the person responsible for supervising children needs a replacement because of urgent and unforeseen circumstances.

Part 4 — Operations

Division 1 — General Care Requirements

Maximum hours of care

40  (1) Subject to subsections (2) to (4), a licensee must not provide care for more than 13 hours each day to each child.

(2) A licensee providing a care program described as Preschool (30 Months to School Age) must not provide care for more than 4 hours each day to each child.

(3) A licensee providing a care program described as Occasional Child Care must not provide care for more than

(a) 8 hours each day to each child, and

(b) 40 hours within each 30 day period to each child.

(4) A licensee providing a care program described as Child-minding must not provide care for more than 5 hours each day to each child.

[am. B.C. Reg. 202/2011, s. 11.]

Overnight care

41  (1) Subject to subsection (3), a licensee may provide overnight care only if the licensee first gives written notification to a medical health officer.

(2) A licensee who provides overnight care must

(a) ensure that each floor of premises where sleeping rooms are located is equipped with fire detection devices and a second means of exit to the ground level, and

(b) comply with the requirements of care set out in Schedule F.

(3) A licensee providing a care program described as Preschool (30 Months to School Age), Occasional Child Care or Child-minding must not provide overnight care.

[am. B.C. Reg. 202/2011, s. 12.]

Positioning for sleep

42  A licensee must ensure that each child is positioned for sleep only on his or her back, unless the child can roll over without assistance.

Opportunities for growth

43  A licensee must, in addition to care, provide children with opportunities for social, emotional, physical and intellectual growth.

Program of activities

44  (1) A licensee must provide to children a comprehensive and coordinated program of indoor and outdoor activities that

(a) is designed for the development and care of children,

(b) is appropriate for the age and development of children in each group in the community care facility, and

(c) complies with the program standards set out in Schedule G.

(2) If a child who requires extra support is attending the community care facility, the licensee must

(a) ensure that the program of activities is modified to address the needs of the child, with reference to the child's care plan, and

(b) record in the child's care plan the manner in which the program of activities was modified.

(3) A licensee, other than a licensee providing a care program described as Occasional Child Care, must provide each child with daily outdoor play periods unless weather conditions would make it unreasonable to do so.

(4) Despite subsection (1), a licensee who provides a care program described as Occasional Child Care need not provide a program of outdoor activities.

(5) Despite subsection (3), that subsection applies to a licensee who provides a care program described as Child-minding only if the program provides care for 3.5 hours or more each day.

[am. B.C. Reg. 202/2011, s. 13.]

Transportation

45  (1) If children are to be transported by vehicle by a licensee or a licensee's employees, the licensee must ensure that the driver of the vehicle

(a) is 19 years old or older, and

(b) holds a driver's license that permits the driver to operate the type of vehicle being used.

(2) If more than 7 children are transported in a single vehicle, a licensee must ensure that at least one responsible adult, not including the driver, is in the vehicle.

(3) Subsection (2) does not apply to a licensee who provides a care program described as Group Child Care (School Age), Family Child Care or In-Home Multi-Age Child Care.

(4) A licensee who provides a care program described as Child-minding must not transport children for the purpose of activities located off the premises of the community care facility unless each child is accompanied by the child's parent.

[am. B.C. Reg. 202/2011, s. 14.]

Health and hygiene

46  (1) A licensee must establish a program to instruct children in, and to practise the rules of, health and hygiene.

(2) A licensee must ensure that any surface used for food preparation, storage or consumption is not used for changing diapers.

Heated water

47  A licensee must ensure that any heated water accessible to children is heated to no more than 49° Celsius.

Nutrition

48  (1) A licensee must

(a) ensure that each child has healthy food and drink according to the Canada's Food Guide, and

(b) promote healthy eating and nutritional habits.

(2) If a child's record includes, or the child has a care plan that includes, instructions respecting food and drink for the child,

(a) the requirements of subsection (1) (a) do not apply to the extent that they are inconsistent with those instructions, and

(b) the licensee must comply with those instructions.

(3) A licensee must ensure that the food and drink given to a child is sufficient in quantity and quality to meet the developmental needs of the child, having regard to

(a) the child's age,

(b) the number of hours the child is under the care of the licensee, and

(c) the child's food preferences and cultural background.

(4) A licensee must ensure that children are not

(a) fed by means of a propped bottle,

(b) forced to consume any food or drink, or

(c) left unsupervised while consuming food or drink.

(5) A licensee must ensure that safe drinking water is available to children.

(6) A licensee must make available to parents information on the food and drink given to children.

(7) A licensee must ensure that food and drink are not used as a form of reward or punishment for children.

Parental access

49  (1) A licensee must ensure that a parent has reasonable access to his or her child while the child is in the community care facility.

(2) A licensee must not provide care to a child unless the licensee has first ensured that the child's parent or emergency contact can be readily contacted while the child is in care.

Access by others

50  If a person is identified under section 57 [records for each child] as a person who is not permitted access to a child, a licensee must take reasonable steps to prevent that person from accessing the child.

Division 2 — Guidance and Treatment of Children

Behavioural guidance

51  (1) A licensee must

(a) ensure that behavioural guidance is appropriate to the age and development of the child who is receiving the guidance, and

(b) provide to employees and parents a written statement of the licensee's policy on behavioural guidance.

(2) If the child has a care plan that includes instructions respecting behavioural guidance, the licensee must ensure that

(a) any behavioural guidance given to the child is consistent with those instructions, and

(b) if the behavioural guidance includes the use of restraints, that the restraints are administered only by a person who is trained in the use of, and alternatives to the use of, restraints.

Harmful actions not permitted

52  (1) A licensee must ensure that a child, while under the care or supervision of the licensee, is not subjected to any of the following:

(a) shoving, hitting or shaking by an employee or another child, or confinement or physical restraint by another child;

(b) confinement or physical restraint by an employee, except as authorized in a child care's plan if the care plan includes instructions respecting behavioural guidance;

(c) harsh, belittling or degrading treatment by an employee or another child, whether verbal, emotional or physical, that could humiliate the child or undermine the child's self respect;

(d) spanking or any other form of corporal punishment;

(e) separation, without supervision by a responsible adult, from other children;

(f) as a form of punishment, deprivation of meals, snacks, rest or necessary use of a toilet.

(2) A licensee must ensure that a child is not, while under the care or supervision of the licensee, subjected to emotional abuse, physical abuse, sexual abuse or neglect as those terms are defined in Schedule H.

Division 3 — Illnesses

Medication

53  (1) Subject to subsection (1.1), if a licensee has agreed with a parent to give a child any medication prescribed by a medical practitioner or provided by the parent, the licensee and his or her employees must ensure that the medication is

(a) administered to the child in the amount and at the times specified by the child's parent or in the child's record or care plan, and

(b) readily accessible to employees.

(1.1) A licensee who provides a care program described as Child-minding must not

(a) agree to give a child any medication as described in subsection (1), and

(b) give, or permit an employee to give, a child any medication unless the medication is immediately necessary to address a significant risk to the child's health.

(2) A licensee must ensure that a child's medication is not accessible to any child, except that a child may have access to his or her own medication if

(a) the child's parent has instructed the licensee to permit this, and

(b) the nature of the child's medication is such that, without immediate access to the medication by the child, the child's health will be significantly at risk.

(3) A licensee must ensure that at all times an employee is available who is competent to either

(a) administer a child's medication as instructed by the child's parent or required by the child's record or care plan, or

(b) if, by the parent's instructions or under the child's care plan, the child is permitted to self-administer the medication, supervise the administration of a child's medication.

(4) A licensee must ensure that an employee who supervises a child who self-administers medication documents the administration of the medication in the child's care plan.

[am. B.C. Reg. 202/2011, s. 15.]

Child who becomes ill

54  If a child becomes ill while under the care of the licensee, a licensee must

(a) provide in the community care facility a quiet and clean resting area for the child, and

(b) ensure that the child is under the close supervision of,

(i)   if the licensee provides a care program described as Child-minding, the child's parent, or

(ii)   in any other case, a responsible adult.

[am. B.C. Reg. 202/2011, s. 16.]

Notification of illness or injury

55  (1) A licensee must immediately notify a parent or emergency contact if, while under the care or supervision of the licensee, the child

(a) becomes ill or is injured, or

(b) is involved in, or may have been involved in, a reportable incident described in Schedule H.

(1.1) In the case of a licensee who provides a care program described as Child-minding, the parent to be notified under subsection (1) is the parent who is on the premises on which the child-minding service operates.

(2) A licensee must notify the medical health officer within 24 hours after

(a) a child is involved in, or may have been involved in, a reportable incident described in Schedule H while under the care or supervision of the licensee, or

(b) it comes to the attention of the licensee that a child enrolled in the community care facility has a reportable communicable disease as listed in Schedule A or B of the Health Act Communicable Disease Regulation, B.C. Reg. 4/83.

[am. B.C. Reg. 202/2011, s. 17.]

Division 4 — Records

Community care facility records

56  A licensee must keep current records of each of the following:

(a) written policies and procedures for the safe release of children;

(b) for each employee, the records required under section 19 (1) [character and skill requirements];

(c) a record respecting compliance with section 22 (2) (b) and (c) [emergency training and equipment];

(d) written policies and procedures that are intended to guide employees in the care and supervision of children;

(d.1) in the case of a licensee who provides a care program described as Child-minding, written policies and procedures that are intended to guide employees in

(i)   monitoring the premises where the child-minding service operates to ensure that a parent of each child is present and accessible, and

(ii)   responding if a parent is found not to be present or accessible;

(e) written policies and procedures respecting food and drink to be given to children;

(f) a log of minor accidents, illnesses and unexpected events involving children, that did not require medical attention and were not reportable incidents described in Schedule H.

[am. B.C. Reg. 202/2011, s. 18.]

Repayment agreements

56.1  (1) For the purposes of section 19 of the Act,

(a) classes of community care facilities are established, with one class established for each type of care program, and

(b) each class is designated as a class of community care facility to which that section applies.

(2) A licensee must keep

(a) a copy of the written statement, referred to in section 19 of the Act, that the licensee delivers to persons who prepay part of the cost of services, and

(b) a current record of each person to whom the written statement is delivered in accordance with that section.

[en. B.C. Reg. 110/2012, s. 1.]

Records for each child

57  (1) A licensee must keep current records for each child showing

(a) the information set out in subsection (2),

(b) if applicable, the information and agreements set out in subsections (2.1) and (2.2), and

(c) the consents referred to in subsection (3).

(2) A licensee must keep, for each child, a record showing the following information:

(a) name, sex, date of birth, medical insurance plan number and immunization status;

(b) date of enrolment in the community care facility;

(c) daily attendance record, indicating for each day whether the child is absent or, if the child is present, the time of arrival and departure;

(d) name and telephone number of a parent, medical practitioner and emergency contact;

(e) any illness, allergy or medical disability disclosed to the licensee by the child or his or her parent or medical practitioner;

(f) any medication administered to the child, including the amount and the time at which the medication was administered;

(g) any notification of a parent, emergency contact or medical health officer made under section 55 [notification of illness or injury];

(h) any special instruction respecting the child's diet, medication, participation in a program of activities, or other matter relevant to the child's care,

(i)   given by the child's parent to the licensee in writing, and

(ii)   agreed to by the licensee;

(i) a photograph or digital image of the child, and other information that can be used to readily identify the child in an emergency;

(j) a record of any person who is not permitted access to the child;

(k) the date on which the child stops attending the community care facility.

(2.1) Despite subsection (2) (a) and (d), a licensee who provides a care program described as Child-minding must do all of the following:

(a) if applicable, record that a child does not have a medical insurance plan number or medical practitioner;

(b) if a child's immunization status is not reasonably known or available to the child's parent, keep a record detailing as much information as is known respecting the child's immunization status;

(c) update the child's record as soon as is practicable with the information required under subsection (2) (a) and (d).

(2.2) A licensee who provides a care program described as Child-minding must have written agreements with a parent of each child that the parent

(a) is engaged in a program that, under contract to the government, provides services to immigrants in respect of English as a Second Language, settlement or labour market integration on the same premises as where the child-minding service operates,

(b) will be present on the premises while the child is in care,

(c) will be immediately accessible at all times to attend to the child's needs, and

(d) will accompany the child to activities located off the premises of the community care facility.

(2.3) Despite subsection (1), a licensee who provides a care program described as Child-minding must maintain at the community care facility the records referred to in subsections (2) to (2.2).

(3) A licensee must have in writing from a parent, and maintain at the community care facility, consent

(a) to call a medical practitioner or ambulance in case of accident or illness if the parent cannot immediately be reached, and

(b) to release a child to someone other than the parent.

[am. B.C. Reg. 202/2011, s. 19.]

Care plans

58  (1) A licensee must keep, for each child requiring extra support, a current care plan showing the following information:

(a) the diagnoses relevant to the child's requirement for extra support, as made by health care professionals;

(b) the courses of action recommended by health care professionals to address the needs of the child requiring extra support;

(c) the resources to be made available to the child requiring extra support by the licensee, including

(i)   any adaptation of the community care facility necessary to ensure the child's safety or comfort, and

(ii)   any modification to the program of activities necessary to enable the child to participate in or benefit from the program.

(2) The licensee must

(a) develop the care plan in consultation, and

(b) review the care plan at least once each year

with a parent of the child requiring extra support and any person requested by the parent.

(3) The licensee must record compliance with the care plan of a child requiring extra support in respect of each of the following that are applicable to the child:

(a) any therapeutic diet given to the child by the licensee;

(b) any medication administered to the child by the licensee, including the amount and the time at which the medication was administered;

(c) any modification to the program of activities for the child's benefit;

(d) any behavioural guidance provided to the child, and its effect;

(e) any other matter for which the licensee has agreed with the parent of the child to record compliance.

Records must be available

59  In respect of a record referred to in this Division, a licensee must

(a) keep in a single place at the community care facility the records referred to in sections 56 to 58,

(b) keep a record other than one referred to in paragraph (a) in a place from which it can be retrieved within a reasonable time, on request, and

(c) produce records, on demand, to the medical health officer.

How long records must be kept

60  (1) Subject to subsections (2) to (5), a licensee must keep all records referred to in this Division for at least one year.

(2) A licensee must retain for at least 5 years all signed original forms authorizing criminal record checks to be done.

(3) A licensee must keep

(a) in the case of employees, all records required under section 19 (1) [character and skill requirements] for the entire time that the subject of the records is an employee of the community care facility, and

(b) in any other case, all criminal record check results and character references for the entire time that the subject of the criminal record check or character reference is ordinarily present on the premises.

(4) Immediately after a person who was the subject of a character reference is no longer employed by or ordinarily present at the community care facility, a licensee must return all character references to the person, or destroy the character references.

(5) A licensee must keep a record referred to in section 57 [records for each child] for at least 2 years from the date the child who is the subject of the record is discharged from the community care facility.

Part 5

Repealed

61-73  Repealed. [B.C. Reg. 95/2009, s. 2.]

Part 6 — Transition

Repealed

74  (1) Repealed. [B.C. Reg. 332/2007, s. 74 (2).]

(2) Spent.

(3) Repealed. [B.C. Reg. 332/2007, s. 74 (4).]

(4) Spent.

(5) Repealed. [B.C. Reg. 332/2007, s. 74 (6).]

(6) Spent.

Repealed

75  Repealed. [B.C. Reg. 332/2007, s. 75 (4).]

Repealed

76  Repealed. [B.C. Reg. 332/2007, s. 76 (4).]

Repealed

77  Repealed. [B.C. Reg. 332/2007, s. 77 (3).]

Schedule A

[am. B.C. Regs. 26/2008; 202/2011, s. 21.]

(Section 5 [exemptions by medical health officer])

1  (1) For the purposes of section 16 [exemptions] of the Act, a medical health officer may grant an exemption from any but the following provisions of the Act:

section 1 [definitions];

section 2 [application];

section 5 [operating or advertising without a licence];

section 6 [age of licensee or manager];

section 7 (1) (a), (b) and (d) [standards to be maintained];

section 8 [certification of educators of children];

section 18 (2) and (3) [certain advertisements or inducements prohibited];

section 22 [protection for persons who report].

(2) Despite subsection (1), a medical health officer may grant an exemption to section 1 of the Act in respect of the definition of "child" such that a youth who, but for the youth's age, would be a child requiring extra support may be considered a child for the purpose of receiving care in a care program.

2  For the purposes of section 16 of the Act, a medical health officer may grant an exemption from any but the following provisions of the regulation:

section 1 [definitions];

section 2 [care programs];

Section 12 [investigation or inspection];

section 19 [character and skill requirements];

section 20 [additional criminal record checks];

section 25 [early childhood educator certificate];

section 26 [special needs early childhood educator certificate and infant and toddler educator certificate];

section 27 [early childhood educator assistant certificate];

section 30 [expiry and renewal of a certificates];

section 31 [one year early childhood educator certificate];

section 32 [suspending, cancelling or varying certificates];

section 34 (1) and (2) (a) [group sizes and employee to children ratios], except that an exemption may be made in respect of the number of children younger than 36 months old who may be in a single group in a care program described as Group Child Care (30 Months to School Age);

section 39 [continuous supervision required];

section 40 (3) (b) and (4) [maximum hours of care];

section 43 [opportunities for growth];

section 51 [behavioural guidance];

section 52 [harmful actions not permitted];

section 55 [notification of illness or injury].

Schedule B

(Section 9 [applying for a licence])

1  An applicant for a licence must submit with the application all of the matters set out in this Schedule.

2  An applicant must provide a detailed description of the care program to be offered.

3  An applicant must provide 3 references and a criminal record check for

(a) the applicant, if not a corporation, and

(b) the proposed manager, if not the applicant.

4  An applicant who intends to provide a care program described as Family Child Care or In-Home Multi-Age Child Care must provide a criminal record check for any person over the age of 12 who will be ordinarily present at the community care facility.

5  An applicant must provide an employee plan that includes all of the following:

(a) a statement of the duties, qualifications, relevant work experience and suitability of the proposed manager;

(b) the proposed number of employees, their qualifications and expected duties;

(c) the supervision and staffing plan, including while children are attending or being transported to and from outdoor play areas or activities located outside the property boundaries.

6  An applicant must provide a site plan, drawn to scale, showing all of the following:

(a) the proposed location of the community care facility, including the property boundaries;

(b) subject to section 8, the location and dimensions of the outdoor play area intended for regular or daily outdoor activities;

(c) if children will be attending outdoor play areas or activities located outside the property boundaries on a regular or daily basis,

(i)   the distances from the community care facility to the outdoor play areas and activities,

(ii)   the routes to the outdoor play areas and activities, and

(iii)   any major physical features that may affect the safety of children, including roads and bodies of water, located along the routes to, and in the immediate vicinity of, the outdoor play areas and activities.

7  An applicant must provide a safety plan describing how children will be transported to regular or daily outdoor play areas, or regular or daily activities, located outside the property boundaries.

8  If there is no outdoor play area available for regular or daily outdoor activities, an applicant must provide an activity plan that describes both of the following:

(a) how the program standards set out in section 1 of Schedule G will be met;

(b) any community services that will be used, including visits to parks, pools or recreation centres.

9  An applicant must provide a floor plan showing all of the following:

(a) the inside dimensions of each room and the width of each corridor and stair;

(b) the location and size of windows and the height of windowsills from the floor;

(c) the location of accommodation reserved for family or employees, and for children who are sleeping;

(d) the location of toilets, wash basins and diaper changing surfaces;

(e) the location and size of the fixed equipment in each room;

(f) the location of all exits.

10  An applicant must provide a statement of projected monthly revenues and expenditures, including the estimated cost of employee salaries and benefits, food, utilities, taxes, insurance, maintenance, housing and programs.

11  If the applicant is a society, the applicant must provide, on request of a medical health officer, a copy of its constitution and bylaws.

Schedule C

[am. B.C. Reg. 95/2009, s. 3.]

(Section 23 [first aid])

1  For the purposes of section 23 (1) [first aid], the employee must hold a valid first aid and CPR certificate from a course that meets the following requirements:

(a) the course must offer at least 8 hours of instruction;

(b) the instructor of the course must be a certified first aid specialist;

(c) Repealed. [B.C. Reg. 95/2009, s. 3.]

(d) the first aid certificate

(i)   is issued only after the employee has successfully completed an examination that includes demonstration and evaluation of the skills relevant to the components described in section 2 of this Schedule,

(ii)   is signed by the instructor,

(iii)   expires no more than 3 years from the date of issue, and

(iv)   is not renewable unless the holder, before the expiry date, participates in at least 8 hours of further instruction followed by an examination that includes demonstration and evaluation of the skills relevant to the components described in section 2.

2  A first aid course is not sufficient for the purposes of section 23 [first aid] unless the course provides instruction in, and requires successful completion of, an examination that includes demonstration and evaluation of skills relevant to the following matters in respect of children and infants:

(a) management of an emergency scene;

(b) assessment of a patient;

(c) fainting and unconsciousness;

(d) cardiopulmonary resuscitation skills recognized by the agencies referred to in section 1 (b) of this Schedule as "(CPR) Level B" or a program that is equivalent;

(e) shock;

(f) choking;

(g) wounds and severe bleeding;

(h) insect, animal and human bites;

(i) eye injuries;

(j) spinal and head injuries;

(k) dental emergencies;

(l) fractures of the upper and lower limbs, including bone and joint injuries;

(m) cardiovascular emergencies;

(n) burns;

(o) electric shock;

(p) poisoning;

(q) environmental injuries, including exposure to heat or cold;

(r) common medical conditions, including diabetes, epilepsy, convulsions and allergic reactions.

Schedule D

[en. B.C. Reg. 202/2011, s. 22.]

(sections 25 to 28 [educator and assistant certificates])

Educator and assistant certificates

1  An educational institution listed in Column 2 is recognized for the purposes of

(a) section 25 (1) (b) [early childhood educator certificate] and 27 (b) [early childhood educator assistant certificate] if indicated in Column 3,

(b) section 26 (c) (i) [special needs early childhood educator certificate] if indicated in Column 4, and

(c) section 26 (c) (ii) [infant and toddler educator certificate] if indicated in Column 5.

Column

1

Item
Column

2

Educational Institution
Column

3

ECE,

Assistant
Column

4

Special Needs
Column

5

Infant/ Toddler
1 Burnaby School District No. 41 Yes Yes Yes
2 Camosun College Yes Yes Yes
3 Capilano University (formerly Capilano College) Yes Yes Yes
4 Capital College Yes    
5 College of New Caledonia Yes Yes Yes
6 College of the Rockies Yes Yes Yes
7 Columbia Bible College Yes Yes Yes
8 Delta School Board No. 37 Yes Yes Yes
9 Douglas College Yes Yes Yes
10 Langara College Yes Yes Yes
11 Lethbridge Community College, AB (One year certificate program & additional courses for BC) Yes    
12 MTI Community College (Chilliwack, Coquitlam & Metrotown campuses) Yes Yes Yes
13 MTI Community College (Abbotsford, Surrey & Vancouver campuses) Yes    
14 Montessori Training Centre of BC Yes   Yes
15 Native Education College Yes Yes Yes
16 Nicola Valley Institute of Technology Yes Yes Yes
17 North Island College Yes Yes Yes
18 Northern Lights College Yes Yes Yes
19 Northwest Community College Yes Yes Yes
20 Okanagan College Yes Yes Yes
21 Pacific Rim Early Childhood Institute Inc. Yes Yes Yes
22 Ridge Meadows College Yes    
23 Selkirk College Yes Yes Yes
24 Sprott-Shaw Community College (New Westminster & Victoria campuses) Yes Yes Yes
25 Sprott-Shaw Community College (Kamloops, Penticton & Surrey campuses) Yes    
26 Stenberg College Yes    
27 Surrey College Yes    
28 Thompson Rivers University Yes Yes Yes
29 University of the Fraser Valley (formerly University College of the Fraser Valley) Yes Yes Yes
30 University of Victoria, School of Child and Youth Care, Early Years Specialization Yes    
31 University of Victoria First Nations Partnerships Programs Yes Yes Yes
32 Vancouver Career College (Burnaby & Surrey campuses) Yes Yes Yes
33 Vancouver Career College (Abbotsford, Coquitlam, Kelowna &

Vancouver campuses)
Yes    
34 Vancouver Community College Yes Yes Yes
35 Vancouver Island University (formerly Malaspina University College) Yes Yes Yes
36 Yukon College, YK Yes    

Schedule E

[am. B.C. Regs. 176/2010; 202/2011, s. 23.]

(Section 34 [group sizes and employee to children ratios])

Group sizes and employee to children ratios

1  (1) In Column 3 of the table, "<" signifies a number of children that is less than or equal to the number specified.

(2) Subject to subsections (4) to (5), a licensee providing a care program described in Column 1 must ensure that

(a) children are divided into groups such that the number of children in each group is no more than that set out in Column 2 opposite the care program, and

(b) the ratio of employees to children for each group is no less than that set out in Column 4 opposite

(i)   the care program, and

(ii)   the number of children in the group, as set out in Column 3.

(3) Subject to subsections (4) to (5), if a child is related to the licensee by blood or marriage and is a member of a group, the group size includes that child.

(4) In respect of a licensee providing a care program described as Family Child Care or In-Home Multi-Age Child Care,

(a) the licensee may provide care to only one group of children, and

(b) the group size does not include any person who is 12 years of age or older and related by blood or marriage to the licensee.

(5) A licensee providing a care program described as Preschool (30 Months to School Age) is not required to have an assistant if

(a) the licensee has a parent education program approved by the medical health officer,

(b) a parent, or a person designated in writing by a parent, who has taken the program is present in the community care facility to assist the educator, and

(c) the medical health officer has approved, in writing, the licensee's plan not to have an assistant.

Column 1

Care program
Column 2

Maximum group size
Column 3

Children per

group
Column 4

Ratio of employees to children

in each group
Group Child Care

(Under 36 Months)
12, with a separate area designated for each group ≤ 4 One infant and toddler educator
5 – 8 One infant and toddler educator

and one other educator
9 – 12 One infant and toddler educator,

one other educator and one assistant
Group Child Care

(30 Months to School Age)
25, with not more than 2 children younger than 36

months old in a single group
≤ 8 One educator
9 – 16 One educator and one assistant
17 – 25 One educator and 2 assistants
Preschool

(30 Months to School Age)
20 ≤ 10 One educator
11 – 20 One educator and one assistant
Group Child Care (School Age), if any preschool child or child in grade 1 is present 24 ≤ 12 One responsible adult
13 – 24 2 responsible adults
Group Child Care (School Age), if no preschool child or child in grade 1 is present 30 ≤ 15 One responsible adult
16 – 30 2 responsible adults
Family Child Care, if any child younger than 12 months old is present 7, having no more than 3 children younger than 48 months old and, of those 3, no more than one child younger than 12 months old ≤ 7 The licensee
Family Child Care, if no child younger than 12 months old is present 7, having no more than 4 children younger than 48 months old and, of those 4, no more than 2 children younger than 24 months old ≤ 7 The licensee
Occasional Child Care, if ny child present is younger than 36 months old 16 ≤ 4 One responsible adult
5 – 8 2 responsible adults
9 – 12 3 responsible adults
13 – 16 4 responsible adults
Occasional Child Care, if no child present is younger than 36 months old 20 ≤ 8 One responsible adult
9 – 16 2 responsible adults
17 – 20 3 responsible adults
Multi-Age Child Care, if any child younger than 12 months old is present 8, having no more than 3 children younger than 36 months old and, of those 3, no more than one child younger than 12 months old ≤ 8 One educator
Multi-Age Child Care, if no child younger than 12 months old is present 8, having no more than 3 children younger than 36 months old ≤ 8 One educator
In-Home Multi-Age Child Care, if any child younger than 12 months old is present 8, having no more than 3 children under 36 months old and, of those 3, no more than one child younger than 12 months old ≤ 8 The licensee, who must be certified as an educator
In-Home Multi-Age Child Care, if no child younger than 12 months old is present 8, having no more than 3 children younger than 36

months old
≤ 8 The licensee, who must be certified as an educator
Child-minding 24, with each child younger than 12 months counted as 2.5 children, each child younger than 36 months but 12 months or older counted as 2 children, and each child 36 months or older counted as 1 child ≤ 8

9 – 17

18 – 24
1 responsible adult 2 responsible adults 3 responsible adults

Schedule F

(Section 41 [overnight care])

Requirements for overnight care

1  A licensee who provides overnight care to children under section 41 [overnight care] must ensure that

(a) no more than 4 children are accommodated in one room,

(b) no child over 6 years old is accommodated in a room shared by another child of the opposite sex without direct employee supervision,

(c) the sleeping area

(i)   has for each child at least 5 m2 of floor space,

(ii)   is directly accessible so that the child need not pass through another sleeping area,

(iii)   is dry, well ventilated and free from draughts, and

(iv)   is clean and free from clutter and other extraneous or unsafe matter,

(d) each child has sufficient bedding for warmth and comfort,

(e) one shower or bathtub is available for every 10 children, with adequate hot water,

(f) no animals are permitted in the sleeping area, and

(g) if 3 or more children are sleeping overnight,

(i)   a responsible adult must at all times be awake and accessible to the children or be sleeping in the same room as the children, and

(ii)   the number of other employees required to maintain the applicable ratio of employees to children must be available in the community care facility.

Schedule G

(Section 44 [program of activities])

1  A licensee must ensure that a program of activities is provided that encourages the physical development of children, including providing

(a) indoor and outdoor activities that encourage the development of large and small muscle skills appropriate to each child's level of development,

(b) activities that promote the development of self-help skills, and

(c) activities that encourage good health and safety habits.

2  A licensee must ensure that a program of activities is provided that encourages the intellectual development of children, including providing

(a) a flexible daily program that responds to the needs and interests of the children,

(b) an environment that facilitates the development of curiosity, reasoning and problem-solving skills,

(c) age-appropriate activities that encourage development of concept-building skills such as classifying, ordering, determining direction and perceiving spatial relationships,

(d) activities and materials that encourage creative endeavours such as art, music, movement, imaginative play, story-telling and construction, and

(e) activities and materials that foster a greater understanding of the environment.

3  A licensee must ensure that a program of activities is provided that encourages the language development of children, including

(a) modelling of good language and listening skills,

(b) providing opportunities for children to develop receptive and expressive language skills, and

(c) providing activities that encourage communication.

4  A licensee must ensure that a program of activities is provided that encourages the emotional development of children, including

(a) helping children develop a positive self-concept and an accurate perception of self,

(b) helping children express positive and negative feelings in appropriate ways, and

(c) providing a comfortable atmosphere in which children feel proud of their cultural heritage and cultural sharing is encouraged.

5  A licensee must ensure that a program of activities is provided that encourages the social development of children, including

(a) providing an environment for children to work independently and to share and work cooperatively in small groups,

(b) providing an environment that fosters positive behaviour in children,

(c) helping children appreciate differences and respect the personal feelings and property of others,

(d) providing opportunities for social interactions that help children develop appropriate skills for social relationships, and

(e) providing experiences that facilitate a child's feeling of belonging to family, community and the world at large.

Schedule H

[am. B.C. Regs. 95/2009, s. 4; 205/2013, Sch. 1.]

(Sections 52 and 55 [harmful actions not permitted; notification of illness or injury])

Reportable incidents

1  For the purpose of this regulation, any of the following is a reportable incident:

"aggressive or unusual behaviour", which means aggressive or unusual behaviour by a child towards other persons, including another child, which has not been appropriately assessed in the child's care plan;

"attempted suicide", which means an attempt by a child to take his or her own life;

"choking" means a choking incident involving a person in care that requires

(a) first aid,

(b) emergency care by a medical practitioner or nurse practitioner, or

(c) transfer to a hospital;

"death", which means any death of a child;

"disease outbreak or occurrence", which means an outbreak or the occurrence of a disease above the incident level that is normally expected;

"emergency restraint", which means any use of a restraint that is not approved and documented in a child's care plan;

"emotional abuse", which means any act, or lack of action, which may diminish the sense of well-being of a child, such as verbal harassment, yelling or confinement, perpetrated by a person not in care;

"fall", which means a fall of such seriousness, experienced by a child, as to require emergency care by a medical practitioner or nurse practitioner, or transfer to a hospital;

"financial abuse", which means

(a) the misuse of the funds and assets of a child by a person not in care, or

(b) the obtaining of the property and funds of a child by a person not in care without the knowledge and full consent of the child or the child's parent;

"food poisoning" means a food borne illness involving a person in care that requires emergency care by a medical practitioner or nurse practitioner, or transfer to a hospital;

"medication error", which means an error in the administration of a medication which adversely affects a child or requires emergency intervention or transfer to a hospital;

"missing or wandering person", which means a child who is missing;

"motor vehicle injury", which means an injury to a child that occurs during transit by motor vehicle while the child is under the care or supervision of the licensee;

"neglect", which means the failure of a care provider to meet the needs of a child, including food, shelter, care or supervision;

"other injury", which means an injury to a child that requires emergency care by a medical practitioner or transfer to a hospital;

"physical abuse", which means any physical force that is excessive for, or is inappropriate to, a situation involving a child and perpetrated by a person not in care;

"poisoning", which means the ingestion of a poison or toxic substance by a child;

"service delivery problem", which means any condition or event which could reasonably be expected to impair the ability of the licensee or his or her employees to provide care, or which affects the health, safety or well-being of children;

"sexual abuse", which means any sexual behaviour directed towards a child by an employee of the licensee, a volunteer or any other person in a position of trust, power or authority, and includes

(a) any sexual exploitation, whether consensual or not, and

(b) sexual activity between children if the difference in age or power between them is so significant that the older or more powerful child is clearly taking sexual advantage of the younger or less powerful child;

"unexpected illness", which means any unexpected illness of such seriousness that it requires a child to receive emergency care by a medical practitioner or transfer to a hospital.

Note: this regulation replaces B.C. Reg. 319/89.

[Provisions relevant to the enactment of this regulation: Community Care and Assisted Living Act, S.B.C. 2002, c. 75, section 34]