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"Point in Time" Regulation Content

Community Care and Assisted Living Act

Child Care Licensing Regulation

B.C. Reg. 319/89

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Regulation November 8, 2007

 Regulation BEFORE repealed by BC Reg 332/2007, effective November 8, 2007.

B.C. Reg. 319/89
O.C. 1476/89
Deposited October 13, 1989
effective November 1, 1990 (section 4);
effective March 1, 1990 (section 22 (c));
effective November 1, 1989 (remainder)

Community Care and Assisted Living Act

Child Care Licensing Regulation

Contents
Part 1 — Definitions and Exemptions
 Definitions
 Exemptions under section 16 of the Act
Part 1.1 — Licensee and Employees
 Application for licence
 Duty to inform
 Criminal record checks
 Employee standards
 Manager
 Director of the early childhood educator registry
 Qualifications for an early childhood educator certificate
10  Qualifications for other certificates
11  Qualifications for assistants
12  Qualifications for responsible adults
13  Expiry and renewal of a certificate
14  Variation, suspension or cancellation of a certificate
15  Posting of licence
16  Health of employees
Part 2 — General
17  Staffing
18  Supervision of persons in care
19  Release of a person in care from a community care facility
20  Parental access
21  Records and consents
22  Medication
23  Notification of illness or injury
24  Person in care who becomes ill
25  Health and hygiene program
26  First aid
27  Medications, poisons, etc.
28  Emergency procedures and fire drills
29  Telephone
30  Furniture, equipment and fixtures
31  Discipline and abuse
32  Program of activities
33  Play area
34  Play materials and equipment
35  Nutrition
36  Overnight care
36.1  Smoking
Part 3 — Group Day Care, under 36 Months
37  Definitions
38  Requirements for community care facility
39  Maximum number of hours of care
40  Size of group
41  Staff to children ratio
Part 4 — Group Day Care, 30 Months to School Age
42  Definitions
43  Requirements for community care facility
44  Maximum number of hours of care
45  Size of group and maximum number of children under 3
46  Staff to children ratio
Part 5 — Preschool, 30 Months to School Age
47  Definitions
48  Requirements for community care facility
49  Maximum number of hours of care
50  Size of group
51  Staff to children ratio
Part 6 — Special Needs Day Care
52  Definitions
53  Requirements for community care facility
54  Maximum number of hours of care
55  Size of group
56  Staff to children ratio
Part 7 — Family Child Care
57  Definitions
58  Requirements for community care facility
59  Maximum number of hours of care
60  Maximum number of children
Part 8 — Out of School Care
61  Definitions
62  Requirements for community care facility
63  Maximum number of hours of care
64  Size of group
65  Staff to children ratio
Part 9 — Residential Care
66  Repealed
66.1  Age of persons in care
67  Requirements for facility
67.1  Repealed
68  Disabled persons in care
69  Sleeping accommodation
70  Staff to persons in care ratio
Part 10 — Emergency Care
71  Definitions
72  Requirements for community care facility
73  Maximum number of hours of care
74  Size of group
75  Staff to children ratio
Part 11 — Child Minding, 18 Months to School Age
76  Definitions
77  Requirements for community care facility
78  Maximum number of hours of care
79  Size of group
80  Staff to children ratio
Part 11.1 — Occasional Child Care at Ski Hill or Resort
80.1  Definitions
80.2  Maximum number of hours of care
80.3  Size of group
80.4  Staff to child ratio
80.5  Requirements for use of a community care facility
80.6  Requirements for community care facility
80.7  Special requirements for children less than 36 months old
Part 12 — Transitional and Commencement
81  Transitional
82  Repealed
83  Transitional — letters of permission
Schedule A— Repealed
Schedule B— Early Childhood Education Programs
Schedule C— First Aid Training Programs
Schedule D— Program Standards
Schedule E— Standards for Overnight Care
Schedule F —Reportable Incidents
Schedule G —Exemptions

Part 1 - Definitions and Exemptions

 Definitions

1  (1)  In this regulation:

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

"assistant" means a person who has the qualifications required by section 11;

"certificate" means a certificate issued under section 8 of the Act or section 9 of the Community Care Facility Act before its repeal;

"director of the early childhood educator registry" means the person responsible for

(a) issuing certificates to educators under sections 9, 10 and 13, and

(b) varying, suspending, or cancelling certificates under section 14,

that being the person described in section 8;

"educator" means an early childhood educator certified under section 9, and a special needs early childhood educator and an infant and toddler educator certified under section 10;

"group day care" means the provision, in a group setting, of care to children and of opportunities for their social, emotional, physical and intellectual growth;

"local assistant to the fire commissioner" means "local assistant" as defined in the Fire Services Act;

"parent", in respect of a person in care, means

(a) the guardian of the person in care,

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

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

"reportable incident" means a reportable incident described in Schedule F;

"residential care facility" means a community care facility in which care and opportunities for social, emotional, physical and intellectual growth are provided to persons in care who are placed in the community care facility to receive 24 hours of care and supervision each day, but does not include a community care facility referred to in section 36;

"responsible adult" means a person who has the qualifications required by section 12;

"special needs children" means children who, because of physical, mental or emotional handicaps, require additional support and services;

"substitute parent" means a person designated, in writing, by the parent of a person in care as a substitute parent of the person in care.

(2)  For the purpose of paragraph (a) of the definition of "care" in section 1 of the Act, the prescribed programs are those regulated by the following Parts of this regulation:

Part 3 [Group Day Care, under 36 Months];

Part 4 [Group Day Care, 30 Months to School Age];

Part 5 [Preschool, 30 Months to School Age];

Part 6 [Special Needs Day Care];

Part 7 [Family Child Care];

Part 8 [Out of School Care];

Part 10 [Emergency Care];

Part 11 [Child Minding, 18 Months to School Age];

Part 11.1 [Occasional Child Care at Ski Hill or Resort].

(3)  For the purposes of paragraph (b) of the definition of "care" in section 1 of the Act, the prescribed program is that regulated by Part 9 [Residential Care] of this regulation.

[en. B.C. Reg. 217/2004, App. 2, s. 1; am. B.C. Reg. 457/2004, Sch. 2, s. 1.]

 Exemptions under section 16 of the Act

2  (1)  An applicant for an exemption under section 16 of the Act must provide, in writing and in a form acceptable to the medical health officer, the information requested by the medical health officer.

(2)  If the exemption requested under subsection (1) is not granted, or is not granted in full, the medical health officer must provide to the applicant for the exemption written reasons for not granting the exemption or for not granting part of the exemption.

(3)  The medical health officer may grant an exemption to any section of the Act or regulation, except those listed in Schedule G.

(4)  In determining whether to grant an application under subsection (1) for a variation to

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

(b) a substitute requirement that was imposed on a licensee or applicant for a licence under section 5 (4) of the Community Care Facility Act before that section was repealed,

(c) an alternative arrangement approved by the medical health officer under sections 15 (3), 30 (1.1), 30.1, 33.1, 36.1 (1), 67.1 (1), or section 10 of Schedule E of this regulation before those provisions were repealed, or

(d) an authorization granted under section 51 (2) (a) before that provision was amended,

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 under subsection (1).

(5)  In addition to any information required by the medical health officer under subsection (1), a licensee who is applying to temporarily place or retain in a facility a child who does not meet the requirements specified in the definition of "child" in sections 37, 42, 47, 52, 57, 61, 71, 76 or 80.1, as applicable, must show that

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

(b) none of the following limits or ratios specified for the facility, as applicable, are exceeded:

(i)  the maximum size of a group, however determined;

(ii)  the maximum number of children cared for or living in a facility at one time, however determined;

(iii)  the ratio of employees to children.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

Part 1.1 - Licensee and Employees

 Application for licence

3  (1)  An applicant for a licence to operate a community care facility must

(a) submit an application to the medical health officer, and

(b) provide, in the form specified by the medical health officer, the information set out in subsection (3).

(2)  An applicant for a licence must immediately notify the medical health officer of any change in the information provided under subsection (1) (b).

(3)  An application referred to in subsection (1) must be accompanied by

(a) a statement of the qualifications, relevant work experience and suitability of the person who is proposed to be the manager of the community care facility,

(b) 3 references and a criminal record check under the Criminal Records Review Act for

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

(ii)  the proposed manager, if the manager is different than the applicant,

(c) a statement of the number of employees, excluding the manager, the applicant proposes to employ and their qualifications,

(d) a brief description of the program to be offered at the community care facility,

(e) a floor plan of the proposed community care facility drawn to scale and showing

(i)  the inside dimensions of each room and the width of each corridor and stair,

(ii)  the size and location of the fixed equipment in each room,

(iii)  the location and size of windows and the height of windowsills from the floor, and

(iv)  the location of accommodation reserved for family or staff,

(f) a site plan of the proposed community care facility drawn to scale and showing

(i)  the boundaries of the property on which the community care facility is located,

(ii)  the location of the community care facility, and

(iii)  the location and dimensions of the play area,

(g) a statement of projected monthly revenue and expenditures, including the estimated cost of employee salaries, food, utilities, maintenance, housing and programs,

(h) if the play area is not within the boundaries of the property on which the community care facility is located, a sketch map showing the location of the play area in relation to the community care facility and its distance from the community care facility, and

(i) if the applicant is a society, a copy of the constitution and bylaws of the society.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Duty to inform

4  A licensee must notify the medical health officer

(a) immediately of any change in the information provided under section 3, and

(b) before any structural alteration is made to a community care facility.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Criminal record checks

5  (1)  A licensee must not employ a person in a community care facility unless the licensee is satisfied of the person's good character and suitability for employment in the community care facility after the licensee

(a) obtains a criminal record check under the Criminal Records Review Act for the person, and

(b) examines character references for the person.

(2)  The licensee must not permit a person over the age of 12, other than a person in care or a parent of a person in care enrolled at the community care facility, to be ordinarily present on the premises of a community care facility during the time that persons in care are present, unless the person is of good character and the licensee has obtained a criminal record check under the Criminal Records Review Act for that person.

(3)  If the licensee is not a corporation, the licensee must be of good character and must submit to the registrar under the Criminal Records Review Act an authorization to obtain a criminal record check under that Act for the licensee.

(4)  The licensee must retain all results of the criminal record check referred to in this section as long as the subject of the criminal record check remains an employee of the community care facility.

(5)  The licensee must retain records of all character references done under subsection (1) (b) for at least one year, after which the records must be returned to the person who was the subject of the check or be destroyed.

(6)  The licensee must retain all signed original authorization forms for a minimum of 5 years.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Employee standards

6  (1)  The licensee must not employ a person in a community care facility as

(a) an educator, unless the person has the appropriate certificate, or

(b) an assistant or responsible adult, unless the person has the qualifications required by section 11 or 12, as applicable.

(2)  A licensee must ensure that each of its employees who works in or about a community care facility, at all times,

(a) possesses the personality, ability and temperament necessary to maintain the spirit, dignity and individuality of the persons being cared for,

(b) possesses the training and experience and demonstrates the skills necessary to carry out the duties assigned to the employee, and

(c) is physically and mentally competent to carry out the duties assigned to the employee.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Manager

7  (1)  A licensee who is not the manager of the community care facility must ensure that the manager

(a) is a person of good character,

(b) has the personality, ability and temperament necessary to manage a community care facility in a manner that will maintain the spirit, dignity and individuality of the persons being cared for, and

(c) is physically and mentally competent to carry out assigned duties.

(2)  A manager must not manage more than one community care facility.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Director of the early childhood educator registry

8  (1)  The director of the early childhood educator registry is the person who occupies the position of Executive Director of the Child Care Programs and Services Branch of the Ministry of Children and Family Development.

(2)  The director of licensing must perform the duties and functions of the director of the early childhood educator registry if all of the following apply:

(a) there is no person described in subsection (1) or that person is unable to act;

(b) there is no person acting for a person described in subsection (1) or that person is unable to act;

(c) there is no deputy to a person described in subsection (1) or that person is unable to act.

[en. B.C. Reg. 457/2004, Sch. 2, s. 2.]

 Qualifications for an early childhood educator certificate

9  (1)  The director of the early childhood educator registry may issue an early childhood educator certificate to an applicant who

(a) has successfully completed a basic early childhood education training program

(i)  through an educational institution listed in item 1 of Schedule B, or

(ii)  that is equivalent, in the opinion of the director of the early childhood educator registry, to a program offered by an educational institution described under subparagraph (i),

(b) has completed 500 hours of work experience in Canada

(i)  within 5 years after completion of a training program described in paragraph (a),

(ii)  in not more than 2 community care facilities as defined in section 37, 42, 47, 52, 57, 71 or 76, and

(iii)  under the direction of

(A)  an educator, if the work experience is completed in the Province, or

(B)  an individual acting in a position equivalent to an educator in a child care setting outside the Province, in any other case,

(c) is recommended by the person or persons under whose direction the work experience was completed and who can attest to the applicant's suitability to act as an educator, and

(d) is of good character.

(2)  If an applicant has, in qualifying for another profession, completed a course that the director of the early childhood educator registry considers is at least equivalent to a course forming part of a training program referred to in subsection (1) (a) (i), the director of the early childhood educator registry may exempt the applicant from the requirement to complete that course.

(3)  For the purpose of subsection (1) (a) (ii), the director of the early childhood educator registry may refuse to issue a certificate to a person solely on the basis that the educational institution from which the person received training is not approved by a provincial, state, national or other government body.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Qualifications for other certificates

10  (1)  The director of the early childhood educator registry may issue a special needs early childhood educator certificate or an infant and toddler educator certificate to an applicant who

(a) qualifies for an early childhood educator certificate under section 9, and

(b) has successfully completed, as applicable,

(i)  a special needs early childhood educator training program through an educational institution listed in item 2 (a) of Schedule B,

(ii)  an infant and toddler educator training program through an educational institution listed in item 2 (b) of Schedule B, or

(iii)  a program that is equivalent, in the opinion of the director of the early childhood educator registry, to a program offered by an educational institution described under subparagraph (b) (i) or (ii).

(2)  For the purpose of subsection (1) (b) (iii), the director of the early childhood educator registry may refuse to issue a certificate to a person solely on the basis that the educational institution from which the person received training is not approved by a provincial, state, national or other government body.

[en. B.C. Reg. 217/2004, App. 2, s. 1; am. B.C. Reg. 457/2004, Sch. 2, s. 3.]

 Qualifications for assistants

11  To qualify for employment in a community care facility as an assistant, a person must

(a) be of good character,

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

(c) either

(i)  be in the process of qualifying for a certificate under section 9, or

(ii)  have completed a training program that is equivalent, in the opinion of the director of the early childhood educator registry, to one course of a basic early childhood education program referred to in section 9 (1) (a) (i).

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Qualifications for responsible adults

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

(a) be of good character,

(b) have reached 19 years of age,

(c) be able to provide care and mature guidance to persons in care,

(d) either have completed a course on the care of young children or have relevant work experience, and

(e) if persons in care in a residential care facility are

(i)  less than 6 years of age, have completed a course on the care of young children or have relevant work experience, or

(ii)  from 6 to less than 19 years of age, have completed a course in the care of children or youths or have relevant work experience.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Expiry and renewal of a certificate

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

(2)  On application before a certificate expires, the director of the early childhood educator registry may renew a certificate if satisfied that

(a) the applicant is of good character, and

(b) during the term of the current certificate, the applicant

(i)  has completed 300 hours of work experience in the field of early childhood education, and

(ii)  has

(A)  attended at least 2 seminars, conferences or workshops on early childhood education, lasting a total of at least 12 hours, or

(B)  completed a course relating to early childhood education.

(3)  On application after a certificate expires, the director of the early childhood educator registry may issue a new certificate if satisfied that

(a) the applicant is of good character,

(b) during the term of the expired certificate, the applicant completed the requirements set out in subsection (2) (b) (i) and (ii), and

(c) the applicant's failure to apply before the expiry of the certificate was due to circumstances beyond the control of the applicant.

[en. B.C. Reg. 217/2004, App. 2, s. 1; am. B.C. Reg. 457/2004, Sch. 2, s. 4.]

 Variation, suspension or cancellation of a certificate

14  (1)  In this section:

"action", in relation to a certificate, means a decision by the director of the early childhood educator registry

(a) to attach or vary terms or conditions of a certificate, or to suspend or cancel a certificate, under subsection (2), or

(b) not to issue a new certificate under section 13;

"written response" means a written response referred to in subsection (3) (b).

(2)  The director of the early childhood educator registry may attach or vary terms or conditions of a certificate, or suspend or cancel a certificate, if, in the opinion of the director of the early childhood educator registry, the certificate holder

(a) no longer meets the requirements in section 6 (2) of this regulation, or

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

(3)  Thirty days before taking an action, the director of the early childhood educator registry must give the certificate holder

(a) written reasons for the action, and

(b) written notice that the certificate holder may give a written response to the director of the early childhood educator registry setting out the reasons why the director of the early childhood educator registry should make a decision under subsection (4) respecting the action.

(4)  If the director of the early childhood educator registry considers that this would be appropriate in the circumstances, the director of the early childhood educator registry may, on receipt of a written response,

(a) delay or suspend the implementation of the action if

(i)  the director of the early childhood educator registry requires further time to consider the written response or for an investigation under section 4 (1) (d) or 15 (1) (b) or (d) of the Act to be completed, and

(ii)  it is reasonable to conclude that, if the delay or suspension is granted, the health or safety of no person in care will be placed at risk, or

(b) take the action.

(5)  The director of the early childhood educator registry must give written reasons to the certificate holder on acting or declining to act under subsection (4).

(6)  A certificate holder may not give the director of the early childhood educator registry a further written response concerning an action on or after receipt of written reasons under subsection (5) concerning the action.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Posting of licence

15  (1)  The licensee must display the following in a prominent place in the community care facility:

(a) the licence, including any terms or conditions of the licence;

(b) the name of the manager;

(c) a copy of the current certificate of each educator employed at the community care facility.

(2)  Subsection (1) does not apply if the community care facility is located in a private single family dwelling as defined in section 9 (7) of the Act.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Health of employees

16  The licensee must

(a) ensure that, before a person is employed in a community care facility, the person provides the licensee with the written opinion of a medical practitioner that the mental and physical health of the person is adequate for the duties to be assigned,

(b) require each employee, as a condition of employment, to comply with the Province's immunization and tuberculosis control programs, and

(c) keep records respecting each employee's compliance with and participation in the programs referred to in paragraph (b) and, on request, make the records available to the medical health officer.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

Part 2 - General

 Staffing

17  (1)  The licensee must ensure that the applicable ratio of employees to persons in care, as set out in this regulation, is maintained in a community care facility at all times.

(2)  If an educator is absent from a community care facility, the licensee must appoint another educator or an assistant to assume the responsibilities of the absentee.

(3)  If an assistant is absent from a community care facility, the licensee must appoint an educator, another assistant or a responsible adult to assume the responsibilities of the absentee.

(4)  If a responsible adult is absent from a community care facility, the licensee must appoint an educator, an assistant or another responsible adult to assume the responsibilities of the absentee.

(5)  If an employee absence exceeds one month, a person who is less qualified than the absentee must not be appointed under subsection (2), (3) or (4) without the approval of the medical health officer.

(6)  The licensee must immediately notify the medical health officer if the manager resigns or is expected to be absent from duty for more than 21 consecutive days.

(7)  The licensee must immediately notify the medical health officer of any changes in the permanent personnel.

(8)  The licensee must ensure that persons in care, while at the community care facility or on an outing organized by employees, are under the supervision of an employee who is capable of ensuring that effective communication will take place during an emergency.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Supervision of persons in care

18  The licensee must ensure that persons in care are supervised at all times by a responsible adult, an educator or an assistant, and that a second adult is readily available.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Release of a person in care from a community care facility

19  (1)  The licensee must obtain in writing from a parent of a person in care, and maintain at the community care facility, the name of each person authorized to remove the person in care from the community care facility.

(2)  The licensee must ensure that a person in care is not released from a community care facility to anyone except

(a) a parent of the person in care, or

(b) a person authorized under subsection (1).

(3)  The licensee must have written policies and procedures to guide employee actions when

(a) a person referred to in subsection (2)

(i)  appears to be incapable of providing safe care, or

(ii)  does not arrive to pick up the person in care, or

(b) a person not authorized under subsection (1) requests the release of the person in care from the community care facility.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Parental access

20  The licensee must ensure that a parent of a person in care has reasonable access to a person in care while that person in care is in the community care facility.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Records and consents

21  (1)  The licensee must maintain at the community care facility current records showing the following information in respect of each person in care:

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

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

(c) daily attendance record;

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

(e) any therapeutic diet or special instruction that is recommended or given by a medical practitioner and of which a parent or the medical practitioner has notified the licensee in writing;

(f) any medication that is prescribed by a medical practitioner or provided by a parent that the licensee has agreed to administer, and any instruction on administering that medication;

(g) the times any diet referred to in paragraph (e) is given or medication referred to in paragraph (f) is administered;

(h) any other instruction given by a parent;

(i) any illness or medical disability disclosed to the licensee by the person in care or their parent or medical practitioner.

(2)  The licensee must obtain in writing from a parent of a person in care, and maintain at the community care facility, consent for employees to call a medical practitioner or ambulance for the person in care in case of accident or illness, if the parent of the person in care cannot immediately be reached.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Medication

22  (1)  If a licensee has agreed with a parent to give a person in care any medication prescribed by a medical practitioner or provided by the parent, the licensee must ensure that the medication is administered to the person in care in the amount and at the times specified in the person in care's record.

(2)  A licensee must ensure that medication is not given to a person in care while under the care or supervision of the licensee, except in accordance with subsection (1).

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Notification of illness or injury

23  (1)  A licensee must immediately notify a parent of a person in care or the person named for that purpose in the person in care's record under section 21 (1) (d) if, while under the care or supervision of the licensee,

(a) the person in care becomes ill or is injured, or

(b) the person in care is involved in a reportable incident.

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

(a) a person in care is involved in a reportable incident while under the care or supervision of the licensee, or

(b) it comes to the attention of the licensee that a person in care enrolled in the community care facility has a reportable communicable disease as defined in section 1 of the Health Act Communicable Disease Regulation, B.C. Reg. 4/83.

(3)  A licensee must maintain a log of

(a) minor accidents and illnesses that do not require medical attention and are not reportable incidents, and

(b) unexpected events involving a person in care.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Person in care who becomes ill

24  The licensee must

(a) provide in the community care facility a quiet, clean resting area for persons in care who become ill while under the care or supervision of the licensee, and

(b) ensure that a person in care who becomes ill is under the close supervision of an adult.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Health and hygiene program

25  The licensee must establish a program for persons in care enrolled in a community care facility to instruct them in, and to practise the rules of, health and hygiene.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 First aid

26  The licensee must

(a) provide and maintain first aid kits approved by the medical health officer,

(b) ensure that first aid kits are readily accessible to the employees of a community care facility at all times, both on and off the premises, and

(c) ensure that persons in care have immediate access to an employee who holds a valid first aid certificate awarded to the employee after completion of a course listed in Schedule C.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Medications, poisons, etc.

27  The licensee and the employees of a community care facility must ensure that

(a) all medications are kept in a locked container, and

(b) no poisonous substance or potentially hazardous object is accessible to a person in care.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Emergency procedures and fire drills

28  The licensee must

(a) establish emergency procedures before the opening of the community care facility and ensure that all employees are thoroughly trained in the procedures, and

(b) post and practise a system of fire drills approved by the local assistant to the fire commissioner.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Telephone

29  The licensee must ensure that there is an operating telephone within the community care facility and that the telephone is readily accessible to all employees.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Furniture, equipment and fixtures

30  (1)  The licensee must supply appropriate equipment, furniture and supplies and must ensure that any equipment, furniture or fixture in the community care facility

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

(b) is placed so that it will not interfere with exits.

(2)  The licensee must ensure that the community care facility is cleaned on a regular basis and that a reasonable level of cleanliness is maintained at all times.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Discipline and abuse

31  (1)  The licensee must

(a) provide employees and parents with a written statement of the community care facility's policy on discipline, and

(b) ensure that no person in care is, while under the care or supervision of the licensee, subjected to any of the following, including as a form of punishment:

(i)  shoving, hitting, shaking, spanking or any other form of corporal punishment;

(ii)  harsh, belittling or degrading treatment, whether verbal, emotional or physical, that would humiliate the person in care or undermine the person in care's self respect;

(iii)  confinement, physical restraint or separation, without adult supervision, from other persons in care;

(iv)  deprivation of meals, snacks, rest or necessary use of a toilet.

(2)  The licensee must ensure that a person in care 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 F.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Program of activities

32  The licensee must provide to persons in care a comprehensive and coordinated program of activities that

(a) is designed for the development, care and protection of persons in care,

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

(c) meets the standards set out in Schedule D.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Play area

33  (1)  The licensee must ensure that, weather permitting, persons in care enrolled in a community care facility, other than in a residential care facility or a community care facility defined in section 76, have regular daily play periods in an outdoor play area that complies with the requirements of this regulation.

(2)  The licensee of a residential care facility must ensure that, weather permitting, persons in care have an opportunity for outdoor activities each day.

(3)  The licensee must ensure that an outdoor play area in a community care facility is enclosed by a fence.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Play materials and equipment

34  The licensee must ensure that

(a) all play materials and all indoor and outdoor play equipment in a community care facility are suitable for the age and development of the persons in care enrolled in the community care facility, and

(b) all play materials are safe and all play equipment is safely constructed, free from hazards and in good repair.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Nutrition

35  (1)  The licensee must ensure that

(a) a person in care who is present in a community care facility for 2 or more hours in a day is provided with a nutritious snack,

(b) in addition to the snack provided in paragraph (a), a person in care who is present in a community care facility for 4 or more hours in a day is provided with a midday or evening meal or both,

(c) in addition to food provided under paragraphs (a) and (b), a person in care who is present in a community care facility for 6 or more hours in a day is provided with a second nutritious snack,

(d) in addition to the food provided under paragraphs (a) to (c), a person in care to whom overnight care is provided in a community care facility is provided with an evening nutritious snack and a morning meal, and

(e) the food provided to a person in care is sufficient, in quantity and kind, to supply the person in care with all or part of the nutrient intake per day that is recommended by Health Canada for children and youths in the relevant age group, taking into consideration the number of hours the person in care is present in the community care facility and the person in care's food preferences and cultural background.

(2)  The licensee must ensure that a person in care is not fed by means of a propped bottle.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Overnight care

36  The licensee of a community care facility as defined in section 37, 42, 52 or 57 may provide overnight care to a person in care as long as the licensee, in addition to complying with the provisions of this regulation applicable in respect of the facility,

(a) complies with the standards of care set out in Schedule E, and

(b) has, if overnight sleeping accommodation is provided, a satisfactory method of fire detection and second means of exit to the ground level from each floor on which a sleeping room is located.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

 Smoking

36.1  (1)  A person must not smoke in a community care facility except in an area designated as a smoking area by the licensee.

(2)  The licensee must not designate as a smoking area an area to which persons in care have access.

[en. B.C. Reg. 217/2004, App. 2, s. 1.]

Part 3 - Group Day Care, under 36 Months

 Definitions

37  In this Part:

"child" means a person who is under 36 months of age;

"community care facility" means a community care facility in which group day care is provided to children.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Requirements for community care facility

38  The licensee shall provide in a community care facility

(a) 3.7 m2 of floor area per child, excluding hallways, built in storage areas and bathrooms,

(b) for each child, a sleeping arrangement that is not located in an activity area and consists of,

(i)  a crib, where the child is shorter than 90 cm (35.43") and is unable to climb out of the crib unaided, or

(ii)  a mattress not less than 7.5 cm in thickness or a cot or equivalent sleeping arrangement, in any other case

with a clean washable mattress cover and clean washable covers,

(c) for every 12 children, one toilet and one wash basin on the same floor as the community care facility,

(d) a container for soiled clothing and a changing table that is not in the food preparation area,

(e) in addition to the wash basins required under paragraph (c), a wash basin convenient to the changing table, and

(f) an outdoor play area that is large enough to provide 7 m2 of play area per child.

[am. B.C. Regs. 395/95, s. 6; 217/2004, App. 2, s. 10 (b).]

 Maximum number of hours of care

39  The licensee shall provide a child enrolled in a community care facility with not more than 13 hours of care per day.

[am. B.C. Reg. 217/2004, App. 2, ss. 2 and 10 (b).]

 Size of group

40  The licensee shall ensure that

(a) the children present in a community care facility are divided into groups of not more than 12, and

(b) a separate area is available for each group of children.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Staff to children ratio

41  The licensee shall ensure that the ratio of staff to children present in a community care facility is maintained as follows:

(a) for each group of 4 or fewer children, one infant and toddler educator;

(b) for each group of 5 to 8 children, one infant and toddler educator and one early childhood educator;

(c) for each group of 9 to 12 children,

(i)  one infant and toddler educator,

(ii)  one early childhood educator, and

(iii)  one assistant.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

Part 4 - Group Day Care, 30 Months to School Age

 Definitions

42  In this Part:

"child" means a person who is at least 30 months of age on the date of entrance to the community care facility and has not entered grade 1;

"community care facility" means a community care facility in which group day care is provided to children.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Requirements for community care facility

43  The licensee shall provide in a community care facility

(a) 3.7 m2 of floor area per child, excluding hallways, built in storage areas and bathrooms,

(b) a sleeping arrangement for each child, consisting of

(i)  a mattress at least 7.5 cm in thickness, or

(ii)  a cot or equivalent arrangement

with a clean washable mattress cover and clean washable covers,

(c) for every 10 children, one toilet and one wash basin,

(d) a container for soiled clothing, and

(e) an outdoor play area that is large enough to provide 7 m2 of play area for each child.

[am. B.C. Regs. 395/95, s. 7; 217/2004, App. 2, s. 10 (b).]

 Maximum number of hours of care

44  The licensee shall provide a child enrolled in a community care facility with not more than 13 hours of care per day.

[am. B.C. Reg. 217/2004, App. 2, ss. 2 and 10 (b).]

 Size of group and maximum number of children under 3

45  The licensee shall ensure that

(a) the children present in any one group are divided into groups of not more than 25, and

(b) not more than 2 children under 36 months of age are provided with care in any one group at any one time.

[am. B.C. Reg. 387/92, s. 10.]

 Staff to children ratio

46  The licensee shall ensure that the ratio of staff to children present in a community care facility is maintained as follows:

(a) for each group of 8 or fewer children, one early childhood educator;

(b) for each group of 9 to 16 children, one early childhood educator and one assistant;

(c) for each group of 17 to 25 children,

(i)  one early childhood educator, and

(ii)  2 assistants.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

Part 5 - Preschool, 30 Months to School Age

 Definitions

47  In this Part:

"child" means a person who

(a) is at least

(i)  30 months of age on the date of entrance to the community care facility, and

(ii)  36 months of age on December 31 of the year of entrance to the community care facility, and

(b) has not entered grade 1;

"community care facility" means a preschool in which children are provided with opportunities for social, emotional, physical and intellectual growth.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Requirements for community care facility

48  The licensee shall provide in a community care facility

(a) 3.7 m2 of floor area per child, excluding hallways, built in storage and bathrooms,

(b) for every 10 children, one toilet and one wash basin, and

(c) an outdoor play area.

[am. B.C. Regs. 395/95, s. 8; 217/2004, App. 2, s. 10 (b).]

 Maximum number of hours of care

49  The licensee shall provide a child enrolled in a community care facility with not more than 4 hours of care per day.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Size of group

50  The licensee shall ensure that the children present in a community care facility are divided into groups of not more than 20.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Staff to children ratio

51  (1)  The licensee shall ensure that the ratio of staff to children present in a community care facility is maintained as follows:

(a) for each group of 15 or fewer children, one early childhood educator;

(b) for each group of 16 to 20 children, one early childhood educator and one assistant.

(2)  Despite subsection (1) (b), if

(a) a community care facility has a parent education program approved by the medical health officer, and

(b) a parent or substitute parent who has taken the program is present in the community care facility to assist the early childhood educator with a group of 16 to 20 children,

the licensee is not required to ensure that there is one assistant for that group.

[am. B.C. Regs. 387/92, s. 11; 217/2004, App. 2, ss. 3 and 10 (b).]

Part 6 - Special Needs Day Care

 Definitions

52  In this Part:

"child" means a person who has not entered grade 1;

"community care facility" means a community care facility in which group day care is provided to children at least 25% of whom are special needs children.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Requirements for community care facility

53  The licensee shall provide in a community care facility

(a) 4 m2 of floor area per child, excluding hallways, built in storage areas and bathrooms,

(b) for each child who is provided with more than 4 hours of care per day, a sleeping arrangement consisting of

(i)  if the child is shorter than 90 cm and unable to climb out of a crib unaided, a crib, and

(ii)  in any other case, a mattress at least 7.5 cm in thickness or a cot or equivalent arrangement

with a clean washable mattress cover and clean washable covers,

(c) for every 8 children, one toilet and one wash basin that are readily accessible to the children,

(d) a container for soiled clothing and a changing table that is not in the food preparation area,

(e) in addition to the wash basin required under paragraph (c), a wash basin convenient to the changing table,

(f) if a child requiring mechanical aid for mobility is enrolled in the community care facility,

(i)  a conveniently located and securely attached grab bar beside at least one toilet, and

(ii)  a ramp for access to the community care facility, and

(g) an outdoor play area that is large enough to provide 7 m2 of play area for each child.

[am. B.C. Regs. 395/95, s. 9; 217/2004, App. 2, s. 10 (b).]

 Maximum number of hours of care

54  The licensee shall provide a child enrolled in a community care facility with not more than 13 hours of care per day.

[am. B.C. Reg. 217/2004, App. 2, ss. 2 and 10 (b).]

 Size of group

55  The licensee shall ensure that

(a) the children present in a community care facility are divided into groups,

(b) subject to paragraphs (c) and (d), each child is placed in the group that is most appropriate for the child's needs,

(c) not more than 16 children are in one group, and

(d) not more than 12 children under 36 months of age are in one group.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Staff to children ratio

56  The licensee shall ensure that the ratio of staff to children present in a community care facility is maintained as follows:

(a) for each group of 4 or fewer children, one special needs early childhood educator;

(b) for each group of 5 to 8 children, one special needs early childhood educator and one early childhood educator;

(c) for each group of 9 to 12 children, one special needs early childhood educator and 2 early childhood educators;

(d) for each group of 13 to 16 children,

(i)  one special needs early childhood educator,

(ii)  2 early childhood educators, and

(iii)  one assistant.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

Part 7 - Family Child Care

 Definitions

57  In this Part:

"child" means a person under 13 years of age;

"community care facility" means a community care facility in which family child care is provided, if the community care facility is the licensee's primary place of residence;

"family child care" means the provision, primarily by the licensee, of

(a) care to children, and

(b) opportunities for the social, emotional, physical and intellectual growth of children.

[am. B.C. Regs. 395/95, ss. 10 and 11; 217/2004, App. 2, s. 4.]

 Requirements for community care facility

58  The licensee shall provide in a community care facility

(a) a sleeping arrangement for each child consisting of

(i)  where the child is shorter than 90 cm and unable to climb out of a crib unaided, a crib, and

(ii)  in any other case, a mattress at least 7.5 cm in thickness or a cot or equivalent arrangement

with a clean washable mattress cover and clean washable covers,

(b) a container for soiled clothing and a changing table that is not in the food preparation area,

(c) an indoor play area, and

(d) an outdoor play area.

[am. B.C. Regs. 395/95, s. 12; 217/2004, App. 2, s. 10 (b).]

 Maximum number of hours of care

59  The licensee shall provide a child enrolled in a community care facility with not more than 13 hours of care per day.

[am. B.C. Reg. 217/2004, App. 2, ss. 2 and 10 (b).]

 Maximum number of children

60  (1)  The licensee must ensure that not more than a total of 7 children are cared for or live in a community care facility at one time, and, within this total number, the licensee must ensure that

(a) not more than 5 children are preschool age;

(b) not more than 3 children are under 3 years of age;

(c) not more than 1 child is under the age of 12 months.

(2)  For the purposes of this section "child" does not include a person who is 12 years of age or older and who is related by blood or marriage to the licensee or care provider.

[en. B.C. Reg. 145/95, s. 1; am. B.C. Regs. 395/95, s. 13; 217/2004, App. 2, s. 10 (b).]

Part 8 - Out of School Care

 Definitions

61  In this Part:

"child" means a person who

(a) attends school, and

(b) is under 13 years of age;

"community care facility" means a community care facility for out of school care;

"out of school care" means the provision of care, before and after school hours and during school holidays, for children attending school;

"school" includes kindergarten.

[am. B.C. Regs. 461/98, s. 4; 217/2004, App. 2, s. 10 (b).]

 Requirements for community care facility

62  The licensee shall provide in a community care facility

(a) 3 m2 of floor area per child, excluding hallways, built in storage and bathrooms,

(b) for every 15 children, one toilet and one wash basin, and

(c) an outdoor play area.

[am. B.C. Regs. 395/95, s. 14; 217/2004, App. 2, s. 10 (b).]

 Maximum number of hours of care

63  The licensee shall provide a child enrolled in a community care facility with not more than 13 hours of care per day.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b)]

 Size of group

64  (1)  Where any child present in a community care facility is in kindergarten or grade 1, the licensee shall ensure that the children are divided into groups of not more than 20.

(2)  Where every child present in a community care facility is in a grade higher than grade 1, the licensee shall ensure that the children are divided into groups of not more than 25.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b)]

 Staff to children ratio

65  The licensee shall ensure that the ratio of staff to children present in a community care facility is maintained as follows:

(a) where any child present in a group in the community care facility is in kindergarten or grade 1,

(i)  one responsible adult for every group of 10 or fewer children, and

(ii)  2 responsible adults for every group of 11 to 20 children;

(b) where every child present in a group in the community care facility is in a grade higher than grade 1,

(i)  one responsible adult for every group of 15 or fewer children, and

(ii)  2 responsible adults for every group of 16 to 25 children.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b)]

Part 9 - Residential Care

 Repealed

66  Repealed. [B.C. Reg. 217/2004, App. 2, s. 5.]

 Age of persons in care

66.1  A licensee must ensure that each person in care in a residential care facility is less than 19 years of age.

[en. B.C. Reg. 457/2004, Sch. 2, s. 5.]

 Requirements for facility

67  (1)  The licensee shall provide in a residential care facility

(a) a dining area

(i)  with at least 1 m2 of floor space per person in care, and

(ii)  that allows a person in care requiring a wheelchair to eat at a table while seated in the wheelchair,

(b) a suitably furnished indoor activity room with at least 1 m2 of floor space per person in care for the maximum number of persons in care using the room at any one time,

(c) for every 5 persons in care, one toilet and one wash basin, and

(d) for every 10 persons in care, one bathtub equipped with shower.

(2)  If a building or structure is licensed for residential care under section 4 (1) (b) (ii) of the Act on or after the effective date of this subsection, the licensee must provide in the building or structure

(a) interconnecting smoke alarms, installed in each bedroom and in each corridor leading to a bedroom,

(b) sprinklers which comply with the requirements of NFPA 13D (standard for the installation of sprinkler systems in one- and two-family dwellings and mobile homes) and have had the plans, design and installation approved (to include sprinklers in all washrooms) and a program of routine testing of the system approved,

(c) an approved adequate water supply for fire fighting,

(d) not less than a 45 minute fire separation between each garage attached to the building or structure, and

(e) emergency lighting which will automatically illuminate the corridors and stairs for a minimum of 30 minutes in the event of a power failure.

[am. B.C. Regs. 376/93, Sch. A; 217/2004, App. 2, s. 10 (a).]

 Repealed

67.1  Repealed. [B.C. Reg. 217/2004, App. 2, s. 5.]

 Disabled persons in care

68  Where a person in care requiring mechanical aid for mobility resides in a residential care facility, the licensee shall ensure that

(a) the window sill of the person in care's bedroom is not more than 80 cm above the floor,

(b) the person in care has access to all public areas, entrances and exits, and

(c) the washroom is suitably equipped for the person in care's needs.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (a).]

 Sleeping accommodation

69  (1)  The licensee shall ensure

(a) that

(i)  no person in care is required to share a bedroom except with one other person in care, and

(ii)  no person in care over 6 years of age is required to share a bedroom with another person in care unless both persons in care are of the same sex, and

(b) that each bedroom complies with and is furnished in accordance with the standards set out in subsections (2) to (8).

(2)  The floor area of the bedroom, excluding clothes closets, must be at least

(a) where one person in care is accommodated, 7.4 m2, or

(b) where more than one person in care is accommodated, 5.6 m2 per person in care.

(3)  For each person in care requiring a wheelchair, a floor area of not less than 1 m2 per person in care must be provided in addition to the floor area required under subsection (2).

(4)  The bedroom must be dry, well ventilated and directly accessible from a hall without passing through another room.

(5)  The bedroom must have an exterior window

(a) with a glass area equal to not less than 10% of the floor area of the room, and

(b) that, where air conditioning is not provided, can be opened for ventilation.

(6)  The bedroom must have sufficient artificial lighting to provide a minimum of 300 lx of general lighting and a minimum of 500 lx of lighting at the person in care's bed and chair.

(7)  Each person in care must be provided with

(a) a bed for the exclusive use of the person in care, and

(b) additional furniture, appropriate for the age level of the person in care, for storage of clothing and possessions.

(8)  Where 2 persons in care are accommodated in one bedroom in which personal care is given, screening must be provided.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (a).]

 Staff to persons in care ratio

70  (1)  The licensee shall maintain at all times a ratio of staff to persons in care present appropriate to the needs of the persons in care and the type of care required.

(2)  In this section "staff" means responsible adults.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (a).]

Part 10 - Emergency Care

 Definitions

71  In this Part:

"child" means a person who has not entered grade 1;

"community care facility" means a community care facility for emergency care;

"emergency care" means the provision, on a short term basis, of care, including emotional support and an opportunity for social and intellectual development, in a group setting for children.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Requirements for community care facility

72  (1)  Section 43 (a) to (d) applies in respect of a community care facility.

(2)  The licensee shall provide in a community care facility an outdoor play area that is

(a) readily accessible from the community care facility.

(b) Repealed. [B.C. Reg. 395/95, s. 15.]

[am. B.C. Regs. 395/95, s. 15; 217/2004, App. 2, s. 10 (b).]

 Maximum number of hours of care

73  The licensee shall provide a child enrolled in a community care facility with not more than 72 hours of care per calendar month.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Size of group

74  The licensee shall ensure that

(a) children under 3 years of age who are present in a community care facility are divided into groups of not more than 12, and

(b) children 3 years of age or more who are present in a community care facility are divided into groups of not more than 25.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Staff to children ratio

75  The licensee shall ensure that the ratio of staff to children present in a community care facility is maintained in accordance with

(a) section 41, for children under 3 years of age, and

(b) section 46, for children 3 years of age or more.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

Part 11 - Child Minding, 18 Months to School Age

 Definitions

76  In this Part:

"child" means a person who is at least 18 months of age and has not entered grade 1;

"child minding" means the provision of supervised group care for children;

"community care facility" means a child minding community care facility.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Requirements for community care facility

77  The licensee shall provide in a community care facility

(a) 3 m2 of floor space per child, excluding hallways, built in storage and bathrooms,

(b) for every 10 children, one toilet and one wash basin,

(c) a container for soiled clothing and a changing table, and

(d) in addition to the wash basin required under paragraph (b), a wash basin convenient to the changing table.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Maximum number of hours of care

78  The licensee shall provide a child enrolled in a community care facility with

(a) not more than 3 hours of care per day, and

(b) not more than 2 days of care per week.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Size of group

79  (1)  Where any child present in a group is under 3 years of age, the licensee shall ensure that the children are divided into groups of not more than 16.

(2)  Where every child present in a group is 3 years of age or more, the licensee shall ensure that the children are divided into groups of not more than 20.

[am. B.C. Reg. 387/92, s. 12.]

 Staff to children ratio

80  The licensee shall ensure that the ratio of staff to children present in a community care facility is maintained as follows:

(a) where every child in a group is 3 years of age or more,

(i)  one responsible adult for each group of 8 or fewer children,

(ii)  2 responsible adults for each group of 9 to 16 children, and

(iii)  3 responsible adults for each group of 17 to 20 children;

(b) where a child in a group is under 3 years of age,

(i)  one responsible adult for each group of 4 or fewer children,

(ii)  2 responsible adults for each group of 5 to 8 children,

(iii)  3 responsible adults for each group of 9 to 12 children, and

(iv)  4 responsible adults for each group of 13 to 16 children.

[am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

Part 11.1 - Occasional Child Care at Ski Hill or Resort

 Definitions

80.1  In this Part:

"child" means a person who is at least 18 months of age and under 6 years of age;

"community care facility" means a community care facility for the provision of occasional, casual, short term, supervised care for children at a ski hill or a resort;

"place" means a place as described in section 80.3.

[en. B.C. Reg. 395/95, s. 16; am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Maximum number of hours of care

80.2  The licensee must not provide a child enrolled in a community care facility with

(a) more than 40 hours of care during a calendar month, and

(b) more than 8 hours of care a day.

[en. B.C. Reg. 395/95, s. 16; am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Size of group

80.3  (1)  A licensee must include each child in a community care facility in a group that

(a) contains not more than 24 places at any one time,

(b) has the required number of responsible adult staff members specified under section 80.4, and

(c) has a separate area available for use of the children in the group.

(2)  Provided that the requirements of subsection (1) are met for each group, there may be more than one group at a community care facility.

(3)  For the purpose of calculating the number of places in a group,

(a) each child over 36 months of age in the group must be considered to be occupying one of these places, and

(b) each child 36 months of age or younger in the group must be considered to be occupying two of these places.

[en. B.C. Reg. 395/95, s. 16; am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Staff to child ratio

80.4  A licensee must ensure that the ratio of staff to children in a group at the community care facility at any one time is at least

(a) 1 responsible adult staff member for 7 or fewer places,

(b) 2 responsible adult staff members for 8 places to 16 places, and

(c) 3 responsible adult staff members for 17 places to 24 places.

[en. B.C. Reg. 395/95, s. 16; am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Requirements for use of a community care facility

80.5  The licensee must ensure that the parent of a child in the community care facility is actively participating in a recreational activity offered at the resort or ski hill.

[en. B.C. Reg. 395/95, s. 16; am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Requirements for community care facility

80.6  The licensee must provide in a community care facility

(a) 3 m2 of floor space for each child, excluding hallways, bathrooms, food preparation areas, storage areas, staff office, or any other area not used by children as an activity area,

(b) for every 10 children, one toilet and one wash basin,

(c) a container for soiled clothing, and

(d) a sleeping arrangement for each child, consisting of

(i)  a mattress at least 7.5 cm in thickness with clean washable mattress cover and clean washable covers, or

(ii)  a cot with clean washable covers.

[en. B.C. Reg. 395/95, s. 16; am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

 Special requirements for children less than 36 months old

80.7  (1)  The licensee must provide for each child less than 36 months of age who will receive care in the community care facility for more than 4 hours a day, a separate sleeping area located away from an activity area that consists of a crib, if the child is shorter than 90 cm and is unable to climb out of the crib unaided, or

(a) a mattress not less than 7.5 cm in thickness, or

(b) a cot.

(2)  A crib or mattress under subsection (1) must include a clean, waterproof, washable mattress cover and clean washable covers.

(3)  A cot under subsection (1) must include clean washable covers.

(4)  A community care facility for children less than 36 months of age must include

(a) a diaper changing area adjacent to the activity area, but not in the food preparation area,

(b) a diaper changing table with a surface that is padded, non-absorbent and easy to clean, and

(c) in addition to the wash basins required under section 80.6 (b), a wash basin convenient to the changing table.

[en. B.C. Reg. 395/95, s. 16; am. B.C. Reg. 217/2004, App. 2, s. 10 (b).]

Part 12 - Transitional and Commencement

 Transitional

81  (1)  Repealed. [B.C. Reg. 217/2004, App. 2, s. 5.]

(2)  Sections 38 (a), 43 (a) and 48 (a) do not apply in respect of a facility if a licence was issued for the facility before this section comes into force.

[am. B.C. Regs. 387/92, s. 13; 217/2004, App. 2, s. 5.]

 Repealed

82  Repealed. [B.C. Reg. 217/2004, App. 2, s. 5.]

 Transitional — letters of permission

83  (1)  Despite the re-enactment of section 11, a person holding a letter of permission issued before the re-enactment of section 11 may continue to exercise the benefits and privileges acquired under the letter in accordance with any terms or conditions contained in the letter until the earlier of

(a) the expiry of the letter of permission, or

(b) June 1, 2005.

(2)  This section is repealed effective June 1, 2005.

[en. B.C. Reg. 217/2004, App. 2, s. 6.]

Schedule A— Repealed

Repealed. [B.C. Reg. 199/96, s. 2 (b).]

Schedule B— Early Childhood Education Programs

[en. B.C. Reg. 66/2004; am. B.C. Reg. 457/2004, Sch. 2, s. 6.]

(sections 9 to 11)

1 Basic Early Childhood Education Programs
Burnaby College, Vancouver Campus
Burnaby School District No. 41
Camosun College
Capilano College
Century College, Vancouver Campus
College of New Caledonia
College of the Rockies
Columbia Bible College
Delta School Board No. 37
Douglas College
Langara College
Langley College
Lethbridge Community College, Alberta (*One year certificate program plus additional courses for BC)
MTI Community College
Malaspina University College
Metro Training Inc.
Montessori Training Centre of BC
Nicola Valley Institute of Technology
North Island College
North Shore Career Centre
Northern Lights College
Northwest Community College
Okanagan University College
Pacific Rim Early Childhood Institute Inc.
Ridge Meadows College
Selkirk College
University College of the Cariboo
University College of the Fraser Valley
University of Victoria, School of Child and Youth Care
University of Victoria First Nations Partnerships Programs
Vancouver Career College, Coquitlam Campus
Vancouver Community College
Yukon College, Yukon
2 Post-basic Early Childhood Education Programs
(a) Special needs
Burnaby College, Vancouver Campus
Burnaby School District No. 41
Camosun College
Capilano College
College of New Caledonia
College of the Rockies
Columbia Bible College
Delta School Board No. 37
Douglas College
Langara College
Langley College
Malaspina University College
North Island College
Northern Lights College
Northwest Community College
Okanagan University College
Pacific Rim Early Childhood Institute Inc.
Selkirk College
University College of the Cariboo
University College of the Fraser Valley
University of Victoria, School of Child and Youth Care
University of Victoria First Nations Partnerships Programs
Vancouver Community College
(b) Infant and Toddler
Burnaby College, Vancouver Campus
Burnaby School District No. 41
Camosun College
Capilano College
College of New Caledonia
College of the Rockies
Columbia Bible College
Delta School Board No. 37
Douglas College
Langara College
Langley College
Malaspina University College
North Island College
Northern Lights College
Northwest Community College
Okanagan University College
Pacific Rim Early Childhood Institute Inc.
Selkirk College
University College of the Cariboo
University College of the Fraser Valley
University of Victoria First Nations Partnerships Programs
Vancouver Community College

Schedule C— First Aid Training Programs

[en. B.C. Reg. 66/2004; am. B.C. Regs. 217/2004, App. 2, s. 7; 457/2004, Sch. 2, s. 7.]

(section 22)

1Academy of Emergency Training

• First Aid

2ALT International Inc.

• Emergency First Aid

• Standard First Aid

• Aquatic First Responder

• First Aid Training for Child Day Care Providers

3Botkin's First Care First Aid

• Botkin's First Aid

4Canadian Red Cross

• Emergency First Aid

• Standard First Aid

• Standard First Aid Recertification

• Child Safe

• Child Care First Aid

5University College of the Fraser Valley

• Childhood Emergency Management

6Repealed. [B.C. Reg. 457/2004, Sch. 2, s. 7 (a).]

7Cross Safety Services

• Family First Aid for Children

8Okanagan First Aid Training Ltd.

• First Aid Course

9Care Institute of Safety and Health Inc.

• First Aid Treating Your Children

10EMP Canada

• Pediatric Medic First Aid

11Warren Delaney

• Safety Awareness and First Aid for Childhood Emergencies

12St. John Ambulance — First on the Scene

• Emergency Child Care

• Standard Level — Plus

• Standard Level — Enhanced

• Standard First Aid Safety Oriented for Industry (Option 2)

• Standard First Aid Safety Oriented for Industry (Option 3)

13HeartSafe Emergency Medical Solutions

Schedule D— Program Standards

[am. B.C. Reg. 217/2004, App. 2, s. 10 (a).]

(section 29)

PHYSICAL DEVELOPMENT:

• Provide indoor and outdoor activities that encourage the development of large and small muscle skills appropriate to each person in care's level of development.

• Promote the development of self-help skills.

• Encourage good health and safety habits.

INTELLECTUAL DEVELOPMENT:

• Develop a flexible daily program that responds to the needs and interests of the persons in care.

• Provide an environment that facilitates the development of curiosity, reasoning and problem-solving skills.

• Provide age-appropriate activities which encourage development of the following concept-building skills: classifying, ordering, determining direction and perceiving spatial relationships.

• Provide activities and materials that encourage creative endeavours such as art, music, movement, imaginative play, story-telling and construction.

• Provide activities and materials that foster a greater understanding of the environment.

LANGUAGE DEVELOPMENT:

• Model good language and listening skills.

• Provide opportunities for persons in care to develop receptive and expressive language skills.

• Encourage communication.

EMOTIONAL DEVELOPMENT:

• Help persons in care develop a positive self-concept.

• Help persons in care develop an accurate perception of self.

• Help persons in care express positive and negative feelings in appropriate ways.

• Provide a comfortable atmosphere in which persons in care feel proud of their cultural heritage and cultural sharing is encouraged.

SOCIAL DEVELOPMENT:

• Provide an environment for persons in care to work independently and to share and work cooperatively in small groups.

• Provide an environment that fosters positive behaviour in persons in care.

• Help persons in care appreciate differences and respect the personal feelings and property of others.

• Provide opportunities for social interactions that help persons in care develop appropriate skills for social relationships.

• Provide experiences that facilitate a person in care's feeling of belonging to family, community and the world at large.

Schedule E— Standards for Overnight Care

[am. B.C. Regs. 67/99; 217/2004, App. 2, ss. 8 and 10 (a) and (b).]

(section 33)

1 No more than 4 persons in care may be accommodated in one room.

2 No person in care over 6 years of age may be accommodated in a room shared by another person in care of the opposite sex without direct staff supervision.

3 There must be a minimum of 5 m2 floor space per person in care in the sleeping area.

4 The sleeping area must be

  (a)  directly accessible without passing through another sleeping area,

(b)  dry, well ventilated and free from draughts, and

(c)  clean and free from clutter and other extraneous or unsafe matter.

5Each person in care must be provided

  (a)  with

(i) a crib, if the person in care is shorter than 90 cm (35.43") and is unable to climb out of the crib unaided, or

(ii) a cot or bed, in any other case, and

(b)  with a clean mattress and sufficient sheets and coverings for warmth and comfort.

6 Cribs, cots and beds must be arranged so as to allow easy access to each person in care with a minimum of 90 cm (3') of space on at least 2 sides of each crib, cot or bed.

7 Notwithstanding any other provision of this regulation, one shower or bathtub must be provided for every 10 persons in care and adequate hot water must be provided.

8 No animals may be permitted in the sleeping area.

9 If 3 or more persons in care are sleeping overnight in a community care facility,

  (a)  a responsible adult must at all times

(i) be awake and accessible to the persons in care, or

(ii) be sleeping in the same room as the persons in care, and

(b)  the number of other staff required to maintain the applicable ratio of staff to persons in care must be available in the community care facility.

10 Repealed. [B.C. Reg. 217/2004, App. 2, s. 8 (b).]

Schedule F —Reportable Incidents

[en. B.C. Reg. 217/2004, App. 2, s. 9.]

[section 22]

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

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

"attempted suicide" means an attempt by a person in care to take his or her own life;

"death" means any death of a person in care;

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

"emergency restraint" means any use of a restraint that is not approved and documented in the care plan of a person in care;

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

"fall" means a fall of such seriousness, experienced by a person in care, as to require emergency care by a physician or transfer to a hospital;

"financial abuse" means

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

(b) the obtaining of the property and funds of a person in care by a person not in care without the knowledge and full consent of the person in care or their substitute decision maker;

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

"missing or wandering person" means a person in care who is missing;

"motor vehicle injury" means an injury to a person in care that occurs during transit by motor vehicle while the person is under the care and supervision of the licensee;

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

"other injury" means an injury to a person in care requiring emergency care by a physician or transfer to a hospital;

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

"poisoning" means the ingestion of a poison or toxic substance by a person in care;

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

"sexual abuse" means any sexual behaviour directed towards a person in care 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 persons in care if the difference in age or power between them is so significant that the older or more powerful person in care is clearly taking sexual advantage of the younger or less powerful person in care;

"unexpected illness" means any unexpected illness of such seriousness that it requires a person in care to receive emergency care by a physician or transfer to a hospital.

Schedule G —Exemptions

[en. B.C. Reg. 217/2004, App. 2, s. 9; am. B.C. Reg. 457/2004, Sch. 2, s. 8.]

[Exemptions not permitted — section 2 (3)]

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

1 [definitions];

2 [application];

5 [operating or advertising without a licence];

6 [age of licensee or manager];

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

8 [certification of educators of children];

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

22 [protection for persons who report].

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

1 [definitions];

5 [criminal record checks];

9 [qualifications for an early childhood educator certificate];

10 [qualifications for other certificates];

13 [expiry and renewal of a certificate];

14 [variation, suspension or cancellation of a certificate];

18 [supervision of persons in care];

23 (1) and (2) [notification of illness or injury];

31 [discipline and abuse];

83 [transitional — letters of permission].

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