Early Learning and Child Care Act

(1) The Director shall inspect each early learning and child care facility at least once a year.

(2) The Director may, at all reasonable times, inspect an early learning and child care facility including the equipment, the services provided and books or records relating to the operation of the early learning and child care facility.

(3) Where an operator refuses to allow the Director to enter an early learning and child care facility for the purpose of an inspection, the Director may make an application ex parte to a justice for an order to enter the early learning and child care facility.

(4) A justice, on application by the Director under subsection (3), may make an order ex parte permitting the Director to enter the early learning and child care facility specified in the order to carry out an inspection of the early learning and child care facility. SNWT 2023,c.2,s.7.

(1) Where the Director, on reasonable and probable grounds, believes that a premises is being used as an early learning and child care facility, the Director may apply to a justice for an order to enter the premises to investigate whether the premises is being used as an early learning and child care facility.

(2) An application made under subsection (1) may be made ex parte.

(3) A justice, on application by the Director under subsection (1), may make an order ex parte permitting the Director to enter and inspect the premises specified in the order. SNWT 1997,c.8,s.3; SNWT 2023, c.2,s.7(2).

(1) Where the Director, after conducting an investigation under section 8, is of the opinion that a premises is being used as an early learning and child care facility without a licence, the Director may apply to the Supreme Court in accordance with the Rules of the Supreme Court for an order prohibiting the owner or person in charge of the premises from acting in contravention of this Act.

(2) The Supreme Court, on application by the Director under subsection (1), may make an order prohibiting any person from acting in contravention of this Act, whether or not any punishment has been imposed for the contravention and, on application by any person, may vary or discharge the order. SNWT 2012,c.18,s.3(4),(5); SNWT 2023,c.2,s.7(2).

SNWT 2023,c.2,s.8.

(1) Subject to subsection (2), a licence is required to operate an establishment for the care, instruction or supervision of children in the absence of their parents,

(2) A licence is not required under subsection (1) if care, instruction or supervision is provided without cost by a person who is a relative of all of the children.

(3) For greater certainty, any of an operator’s children receiving care, instruction or supervision at the establishment are to be counted toward the number of children under subsection (1). SNWT 2023,c.2,s.8.

(1) Where the Director believes on reasonable and probable grounds that the health, safety or well-being of a child attending an early learning and child care facility is endangered, the Director may suspend the licence of the operator of that early learning and child care facility.

(2) Where the Director believes on reasonable and probable grounds that the operator of an early learning and child care facility or an employee or agent of the operator has contravened this Act or the regulations, the Director may

(3) The Director may suspend the licence of an operator who does not comply with an order made under subsection (2).

(4) The Director shall notify, in writing, an operator of the suspension of the licence of the operator and specify in the notice

(5) Where a licence is suspended under subsection (1), the Director shall, unless the Director considers it inappropriate in the circumstances, specify in the notice given under subsection (4) the measures to be taken by the operator to ensure that the health, safety or well-being of a child attending the early learning and child care facility is not endangered.

(6) Where a licence is suspended under subsection (3), the Director shall specify in the notice given under subsection (4) the measures to be taken by the operator to remedy the non-compliance. 1991-92,c.17,s.2; SNWT 2012,c.18,s.3(6); SNWT 2023,c.2,s.11.

(1) Where the licence of an operator has been suspended, the operator may apply to the Director to have the licence reinstated within the time stated in the notice of suspension.

(2) On receipt of an application under subsection (1), the Director may reinstate the licence

(3) Notwithstanding subsection (2), the Director may reinstate a licence suspended pursuant to subsection 16(1), without an application in that regard, where the Director is of the opinion that the grounds for the suspension no longer exist and that it is appropriate in the circumstances to do so. 1991-92,c.17,s.3; SNWT 2023,c.2,s.12.

(1) The Director may revoke the licence of an operator where the operator

(2) The Director shall

(1) A parent of a child who attends an early learning and child care facility may file a complaint with the Director against the operator if the parent believes that the operator has violated any prescribed rules pertaining to an operator’s conduct with respect to parents.

(2) On receiving a complaint under subsection (1), the Director may

(3) If, under paragraph (2)(b), the Director refuses to investigate a complaint, the Director shall provide the complainant with written reasons for the refusal within 30 days after the day the complaint was received.

(4) If the Director investigates a complaint, the Director shall

(5) The Director may take steps to protect the identity of the complainant from an operator if the Director considers it necessary to prevent retaliation. SNWT 2023,c.2,s.13.

(1) An operator shall not, without lawful justification or excuse, refuse to comply with an investigation under section 19.1.

(2) An operator shall not

(3) Notwithstanding paragraph (2)(b), an operator may disclose the identity of a complainant

SNWT 2023,c.2,s.13.

(1) If the Director determines as a result of an investigation that an operator has contravened any prescribed rules pertaining to an operator’s conduct with respect to parents, the Director may order the operator to take any action that the Director considers necessary to correct the contravention.

(2) The Director may suspend the licence of an operator who does not comply with an order made under subsection (1). SNWT 2023,c.2,s.13.

(1) A person who has been refused a licence or an operator whose licence has been suspended or revoked may appeal the decision of the Director to a person or persons designated by the Minister under section 21.

(2) A person or operator may, within 30 days after the receipt of the notice of the refusal of a licence or the suspension or revocation of their licence, file with the Minister a notice of appeal and state in the notice the reasons for the appeal. SNWT 2023, c.2,s.14.

(1) On being notified of the designation referred to in section 21, a designated person shall, without delay,

(2) A designated person is bound by the rules of natural justice when hearing the appeal.

(3) The hearing of an appeal must be in accordance with the regulations.

(1) Within 15 days after the hearing of an appeal, a designated person may

(2) A designated person shall notify, in writing, the appellant and the Director of the decision under subsection (1) and specify the reasons for the decision. SNWT 2023,c.2,s.15.

(1) An appellant or the Director may appeal the decision of a designated person to the Minister.

(2) An appellant or the Director may, within 30 days after the receipt of the decision of a designated person, file with the Minister a notice of appeal and state in the notice the reasons for the appeal.

(1) Within 14 days after the receipt of the appeal file and after review of the appeal file, the Minister may confirm, vary or quash the decision of the designated person and direct the Director accordingly.

(2) The Minister shall give notice of the decision under subsection (1), in writing, to the appellant and Director.

(3) The decision of the Minister is final.

(1) An operator shall not charge any amounts to parents of children attending the early learning and child care facility other than child care fees.

(2) An operator shall not charge child care fees that exceed the maximum prescribed amounts. SNWT 2023,c.2,s.16.

(1) The Director may require an operator to use an approved form for the purpose of entering into a contract for the provision of care, instruction or supervision of a child.

(2) Failure to use any form approved under subsection (1) does not invalidate a contract for the provision of care, instruction or supervision of a child.

(3) Nothing in this Act prevents an operator from terminating a contract for the provision of care, instruction or supervision of a child in accordance with the terms of that contract. SNWT 2023,c.2,s.16.

(1) In this section, "centre-based facility" means an early learning and child care facility that is located in a place other than a private residence.

(2) An operator of a centre-based facility shall pay an employee not less than the prescribed minimum rate of pay for the employee’s qualification level. SNWT 2023,c.2,s.16.

(1) The Director may require an operator

(2) The Director may examine any records that an operator must keep under paragraph (1)(a) or under the regulations. SNWT 2023,c.2,s.16.

(1) An operator shall ensure that a parent of a child attending the early learning and child care facility

(2) An operator shall ensure that a parent of a child or a person who is entitled to access to a child has access to the records of the child kept by the early learning and child care facility, unless a court otherwise orders. SNWT 2023,c.2,s.16.

(1) The Minister may, by regulation, establish programs in accordance with the Financial Administration Act to provide funding to operators for the purpose of ensuring access to child care.

(2) In establishing programs under subsection (1), the Minister shall consider

(3) The Minister may require an operator who receives funding from a program established under subsection (1)

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(2) Before recommending regulations to the Commissioner under subsection (1), the Minister shall

(3) Where a code of rules or standards respecting a matter referred to in this Act has been established by an association, person or body of persons and is publicly available, the Commissioner, on the recommendation of the Minister, may by regulation adopt the code of rules or standards, in whole or in part or with such variations as may be set out in the regulations.

(4) Where a code of rules or standards are adopted under subsection (1), the code or standard has the same legal effect as a regulation.

(5) The Minister may, by order, exempt any person or group of persons in a community from compliance with provisions of this Act or the regulations where an exemption does not endanger the health, safety and well-being of the children attending or that will be attending an early learning and child care facility.

(6) Before recommending regulations to the Commissioner under paragraphs (1)(p) to (t), the Minister shall ensure that section 42.1 of the Access to Information and Protection of Privacy Act has been complied with. SNWT 2023,c.2,s.16.