Early Learning and Child Care Regulations

Regulation

Registration: R-098-2024
Source: Unofficial consolidation PDF (justice.gov.nt.ca) consolidation downloaded Jun 6, 2026
Under: Early Learning and Child Care Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

Cites

Cited by

None.

Contents

1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 25. 25 26. 26 27. 27 28. 28 29. 29 30. 30 31. 31 32. 32 33. 33 34. 34 35. 35 36. 36 37. 37 38. 38 39. 39 40. 40 41. 41 42. 42 43. 43 44. 44 45. 45 46. 46 47. 47 48. 48 49. 49 50. 50 51. 51 52. 52 53. 53 54. 54 55. 55 56. 56 57. 57 58. 58 59. 59 60. 60 61. 61 62. 62 63. 63 64. 64 65. 65 66. 66 67. 67 68. 68 69. 69 70. 70 71. 71 72. 72 73. 73 74. 74 75. 75 76. 76 77. 77 78. 78 79. 79 80. 80 81. 81 82. 82 83. 83 84. 84 85. 85 86. 86 87. 87 88. 88 89. 89 90. 90 91. 91 92. 92 93. 93 94. 94 95. 95 96. 96 97. 97 98. 98 99. 99 100. 100 101. 101 102. 102 103. 103 104. 104 105. 105 106. 106 107. 107 108. 108 109. 109 110. 110 111. 111 112. 112 113. 113 114. 114 115. 115 116. 116 117. 117 118. 118 119. 119 120. 120 121. 121 122. 122 123. 123 124. 124 125. 125 126. 126 127. 127 128. 128 SCHEDULE A ANNEXE SCHEDULE B SCHEDULE C (Subsection 72(2)) SCHEDULE D (Subsection 79(1)) SCHEDULE ANNEXE SCHEDULE F

The Commissioner, on the recommendation of the Minister, under section 47 of the Early Learning and Child Care Act and every enabling power, makes the Early Learning and Child Care Regulations.

INTERPRETATION

Interpretation

In these regulations,

"administrator" means an individual who

(a) operates an early learning and child care facility,

(b) sets strategic direction for the early learning and child care facility,

(d) is not a supervisor; (administrateur)

"centre-based facility" means a centre-based facility as defined in subsection 32(1) of the Act; (garderie en établissement)

"Child Protection Worker" means a Child Protection Worker as defined in section 1 of the Child and Family Services Act; (préposé à la protection de l’enfance)

"communicable disease" means a communicable disease as defined in subsection 1(1) of the Public Health Act; (maladie transmissible)

"daily program" means a daily program referred to in section 44; (programme d’activités quotidiennes)

"ELCC assistant" means an individual employed at a centre-based facility who

(a) has direct contact with children at the centre-based facility,

(b) does not have primary responsibility for the provision of care, instruction and supervision of children at the centre-based facility, and

(c) has a valid recognition of qualifications or provisional recognition of qualifications for an ELCC assistant under section 73 or 74; (aide-éducateur AGJE)

"ELCC educator" means an individual employed at a centre-based facility who

(a) has direct contact with children at the centre-based facility,

(b) has primary responsibility for the provision of care, instruction and supervision of children at the centre-based facility, and

(c) has a valid recognition of qualifications or provisional recognition of qualifications for an ELCC educator under section 73 or 74; (éducateur AGJE)

"ELCC staff person" means

(a) an ELCC assistant, or

(b) an ELCC educator; (employé AGJE)

"fiscal year" means the period beginning on April 1 in one year and ending on March 31 in the next year; (exercice)

"full-time early learning and child care" means full-time early learning and child care as described in section 2; (service d’apprentissage et de garde des jeunes enfants à temps plein)

"health care professional" means a person who

(a) is entitled to practise medicine in the Northwest Territories under the Medical Profession Act, or

(b) is a nurse practitioner or a registered nurse as defined in subsection 1(1) of the Nursing Profession Act; (professionnel de la santé)

"home-based facility" means an early learning and child care facility that is located in the private residence of an operator; (garderie à domicile)

"infant" means a child who is less than two years of age; (enfant en bas âge)

"NWT Early Childhood Essentials Course" means the NWT Early Childhood Essentials Course established under section 4; (cours d’orientation sur la garde d’enfants aux TNO) "out-of-school child" means a school-aged child who is in regular attendance at a school operated under the Education Act, but who is outside of regular school hours; (enfant à l’extérieur des heures d’école)

"out-of-school child early learning and child care" means out-of-school child early learning and child care as described in section 2; (service d’apprentissage et de garde des jeunes enfants parascolaire)

"part-time early learning and child care" means part-time early learning and child care as described in section 2; (service d’apprentissage et de garde des jeunes enfants à temps partiel)

"preschool child" means a child who is

(a) at least two years of age but not more than six years of age, and

(b) not registered in a school operated under the Education Act; (enfant d’âge préscolaire)

"primary staff person" means an individual employed at an early learning and child care facility who

(a) is responsible for the operation of the early learning and child care facility, and

(b) is the operator or is employed at the early learning and child care facility by the operator as

(i) an administrator,

(ii) an ELCC assistant,

(iii) an ELCC educator, or

(iv) a supervisor; (employé principal)

"provisional recognition of qualifications" means a provisional recognition of qualifications deemed or issued under section 74; (reconnaissance des qualifications provisoire)

"public health official" means a public health official as defined in subsection 1(1) of the Public Health Act; (administrateur de la santé publique)

"recognition of qualifications" means a recognition of qualifications recognized and issued under section 73; (reconnaissance des qualifications)

"registry" means the registry referred to in section 3; (registre)

"school-aged child" means a child who is at least three years of age but less than 12 years of age; (enfant d’âge scolaire) "staff person" includes

(a) an administrator,

(b) an ELCC assistant,

(d) a primary staff person,

(e) a supervisor, and

(f) a support staff person; (employé)

"substitute" means a home-based facility substitute described in section 63; (remplaçant)

"supervisor" means an individual at a centre-based facility who

(a) has responsibilities that include supervising ELCC assistants and ELCC educators at the centre-based facility, and

(b) is not an administrator; (superviseur)

"support staff person" means an individual employed at a centre-based facility who does not have contact, other than incidental contact, with children at the centre-based facility as part of the individual’s employment; (employé de soutien)

"volunteer" means an adult other than the parent of a child enrolled at the early learning and child care facility who

(a) attends an early learning and child care facility without receiving remuneration, and

(b) participates in the daily program at the early learning and child care facility. (bénévole)

PART 1 ADMINISTRATION

Classes of Early Learning and

Child Care

(1) The following classes of early learning and child care are established:

(a) full-time early learning and child care;

(b) out-of-school early learning and child care;

(2) Where early learning and child care lasts for more than five consecutive hours per day, the early learning and child care is full-time early learning child care.

(3) Where early learning and child care is provided to an out-of-school child, the early learning and child care is out-of-school early learning and child care.

(4) Where early learning and child care is provided for not more than five consecutive hours per day, the early learning and child care is part-time early learning and child care.

Registry of Facilities

The registry established by the Director under section 6 of the Act must include

(a) for each early learning and child care facility, the name of the operator if the operator is an individual, or the names of the principals or members of the board of directors if the operator is an association or a corporation;

(b) for each centre-based facility,

(i) the name and address of the primary staff person as the contact person for communications between the facility and the Director, and

(ii) the name of the primary staff person as the person in charge of the day to day operation of the facility;

(d) a copy of each notice of suspension or revocation of a licence made under the Act and these regulations;

(e) the record of any appeal made with respect to the issuing, suspension or revocation of a licence under the Act or these regulations;

(f) a copy of all orders issued under subsection 47(5) of the Act; and

(g) any other information that the Director considers relevant.

NWT Early Childhood Essentials Course

(1) The Director shall establish the NWT Early Childhood Essentials Course.

(2) The NWT Early Childhood Essentials Course is a non-credit course, primarily for operators and staff persons, that reviews aspects of early childhood and the role of caregivers.

(3) The NWT Early Childhood Essentials Course must cover applicable topics, including

(a) child development;

(b) effective communication;

(d) learning through play; and

(e) appropriate behaviour.

PART 2 OPERATION OF EARLY LEARNING AND

CHILD CARE FACILITY

DIVISION A - LICENCE TO OPERATE

Classes of Licence

The following classes of licence are established:

(a) centre-based facility licence;

(b) home-based facility licence.

Eligibility for Licence

An individual is eligible to apply for a licence to operate an early learning and child care facility under this Division if the individual is at least 19 years of age.

Applying for Licence

(1) A person may apply for a licence to operate an early learning and child care facility by submitting to the Director

(a) an application in a form approved by the Director;

(b) the applicable application fee as set out in Schedule A; and

(2) The following must be submitted with an application for a licence under subsection (1):

(a) a statement of goals and objectives of the early learning and child care facility;

(b) proof, satisfactory to the Director, that the proposed early learning and child care facility meets the requirements set out in the Act and these regulations;

(c) a report from the office of the Fire Marshal respecting compliance with the National Fire Code of Canada, published by the National Research Council of Canada, as adopted under section 2 of the Fire Prevention Regulations made under the Fire Prevention Act;

(d) a report from a public health official respecting compliance with the Public Health Act;

(e) a statement, satisfactory to the Director, of compliance with applicable zoning bylaws;

(f) proof, satisfactory to the Director, of a minimum of $2,000,000 public liability insurance coverage;

(g) a statement describing the proposed means of involving the parents of children attending the facility, in accordance with subsection 19(1);

(h) an emergency plan in accordance with subsection 20(1).

Issue of Licence

(1) The Director may issue a licence to a person if the Director is satisfied that

(a) the proposed early learning and child care facility meets the requirements set out in these regulations; and

(b) the person will operate the early learning and child care facility in accordance with these regulations and any terms and conditions of the licence.

(2) The Director shall specify in a centre-based facility licence the maximum number of children authorized to attend the facility.

(3) A licence issued under this section is valid for one calendar year from its date of issue unless it is suspended or revoked. Terms and Conditions and Requirements of Licence

(1) Where the Director issues a licence, the Director may impose any terms and conditions on the licence that the Director considers reasonable.

(2) Where the Director issues a licence, the Director shall notify the operator of

(a) any terms and conditions imposed on the licence under subsection (1); and

(b) the reasons why the terms and conditions were imposed.

(3) It is a requirement of a centre-based facility licence that the operator shall not operate the centre-based facility from the operator's private residence.

(4) It is a requirement of a centre-based facility licence that the operator allow not more than the maximum number of children to attend the facility as specified under subsection 8(2).

(5) It is a requirement of a licence that the operator

(a) provide, without delay, notice to the Director of any material change to the information submitted in the application under paragraph 7(1)(c) or subsection 7(2); and

(b) comply with these regulations.

(6) It is a requirement of a home-based facility licence that

(a) the operator complete the NWT Early Childhood Essentials Course;

(b) the maximum number of children authorized to attend the facility must not be more than eight; and

(i) six of the children cared for at the facility are under six years of age, and

(ii) two of the children cared for at the facility are under two years of age.

(7) It is a term and condition of a home-based facility licence that the operator complete the NWT Early Childhood Essentials Course by September 1, 2025, if they have not completed the course on the date these regulations come into force under section 128.

(8) An operator shall comply with any terms and conditions of a licence.

(9) Notwithstanding subsections (6) and (7), if an operator of a home-based facility has, in the opinion of the Director, sufficient post-secondary education in early childhood education, the operator is not required to complete the NWT Early Childhood Essentials Course.

Applying for Renewal of Licence

10.

An operator may apply to renew a licence to operate an early learning and child care facility by submitting to the Director

(a) an application in a form approved by the Director;

(b) the applicable application fee as set out in Schedule A; and

Issue of Renewal

11.

(1) The Director may renew a licence if the Director is satisfied that

(a) the early learning and child care facility meets the requirements set out in these regulations; and

(b) the operator will operate the early learning and child care facility in accordance with these regulations and any terms and conditions of the licence.

(2) A licence renewed under this section is valid for one calendar year from its date of renewal unless suspended or revoked.

(3) Where the Director refuses to renew a licence, the Director shall, without delay, give notice of the refusal to the applicant and specify the reasons for the refusal.

Terms and Conditions of Renewal

12.

(1) Where the Director renews a licence, the Director may modify existing terms and conditions of the licence or impose additional terms and conditions on the licence, as the Director considers reasonable.

(2) Where the Director renews a licence, the Director shall notify the operator of

(a) any terms and conditions modified or imposed under subsection (1); and

(b) the reasons why the terms and conditions were imposed or modified.

Appeal

13.

(1) A hearing of an appeal under section 20 of the Act must, where possible, be held in the community where the early learning and child care facility is, or is intended to be located.

(2) An appeal hearing must be open to the public unless the designated person who hears the appeal has excluded the public under subsection (3)(b).

(3) On hearing an appeal, a designated person may

(a) exercise the same powers as a justice with respect to

(i) compelling the attendance of witnesses,

(ii) examining witnesses under oath, and

(iii) compelling the production and inspection of books, papers, documents and other items; and

(b) exclude the public from the appeal hearing or a portion of the appeal hearing where

(i) the appellant has requested that the public be excluded, and

(ii) in the opinion of the designated person, such an exclusion is in the public interest.

(4) Where a designated person is satisfied that a person has an interest in an appeal, the designated person shall allow the person to give evidence.

(5) Where a designated person notifies the appellant of the time and place of the hearing of the appeal hearing under paragraph 22(1)(b) of the Act, and the appellant fails to appear, the designated person may hear the appeal in the appellant’s absence.

DIVISION B - OPERATIONS

Enrolment

14.

(1) A parent may apply to enrol a child in an early learning and child care facility by submitting to the operator an application for enrolment in a form approved by the Director.

(2) The application for enrolment referred to in subsection (1) must include

(a) the child’s

(i) name,

(ii) address,

(iii) birth date,

(iv) sex assigned at birth, and

(v) ethnicity;

(b) the name, home address, work address, telephone numbers and, if applicable, the e-mail address of the child’s parent;

(c) the name, home address, work address, telephone numbers and, if applicable, the e-mail address of a person who may be contacted in case of an emergency if an attempt to contact the child’s parent is not successful;

(d) the names of individuals to whom the child may be released;

(e) the name of any parent or other person who, by court order or agreement, is restricted in or prohibited from exercising parenting time with the child or picking up the child, and a copy of the applicable court order or agreement;

(f) the name of a health care professional providing health care to the child;

(g) the child’s health care number;

(h) a copy of the child’s immunization record;

(i) a record of any medical, physical, developmental or emotional condition of the child relevant to their care;

(j) any exceptional needs of the child that have been identified;

(k) a waiver signed by the child’s parent allowing the operator to obtain medical treatment for the child in the case of an emergency, accident or illness;

(l) if the child has food allergies or special food requirements, or requires special feeding arrangements, information on the allergies, food requirements or feeding arrangements;

(m) if the child’s parent allows the child to be taken on excursions by staff, permission to that effect;

(n) if the early learning and child care facility provides or arranges for transportation in a vehicle for excursions, and the child’s parent allows the child to be transported in a vehicle, permission to that effect; and

(o) if the child’s parent allows the child to be photographed or visually recorded, permission to that effect.

Contact Information

15.

An operator shall ensure that contact information for each of the following, in respect of each child, is readily available to all staff persons:

(a) a parent;

(b) a person who may be contacted in the case of an emergency, should an attempt to contact the child’s parent not be successful;

Child Records

16.

(1) An operator shall maintain a file for each child that is enrolled in the facility.

(2) The file maintained under this section for each child must include

(a) the application for enrolment of the child submitted under section 14;

(b) the date of enrolment of the child at the facility;

(d) the date the child ceases to be enrolled at the facility;

(e) any occurrence reports referred to in section 21 respecting the child; and

(f) any other documents that the operator is required to keep or maintain under the Act or these regulations.

(3) An operator shall retain the file for each child for a period of at least six years after the date the child ceases to be enrolled at the facility.

(4) An operator shall require the child’s parent to provide an annual update of the information provided in the application for enrolment to maintain the file for the child.

Attendance

17.

(1) An operator shall maintain a daily attendance record for each child attending the early learning and child care facility, including the time of arrival and the time of departure of the child.

(2) An operator shall retain the daily attendance record under subsection (1) for a period of at least six years from the most recent entry.

Reporting: Enrolment and Attendance

18.

(1) An operator of a centre-based facility shall, not later than April 5, July 5, October 5 and January 5 of each year, submit to the Director an enrolment and attendance report for the preceding three-month period at the centre-based facility in a form approved by the Director.

(2) An operator of a home-based facility shall, not later than the 5th day of each month, submit to the Director an enrolment and attendance report for the preceding month at the early learning and child care facility in a form approved by the Director.

(3) An operator shall, not later than April 5 of each year, submit to the Director an enrolment and attendance report for the preceding fiscal year at the early learning and child care facility in a form approved by the Director.

Parental Involvement

19.

(1) An operator shall establish and confirm in writing to the Director, a means of involving parents who have enrolled a child in the daily program.

(2) Subject to subsections (3) and (4), an operator shall allow and encourage parents who have enrolled a child at the early learning and child care facility to visit the facility, and to participate in the delivery of the daily program.

(3) Subsection (2) does not apply to the extent that it conflicts with a court order or agreement that restricts or prohibits parenting time or contact.

(4) Subsection (2) does not apply in respect of a parent where

(a) the operator has concerns, arising from a past visit, regarding the behaviour of the parent;

(b) the operator has notified the Director of the concerns; and

Emergency Procedures

20.

(1) An operator shall make readily available to staff persons, volunteers and substitutes, an emergency plan for the early learning and childcare facility that includes

(a) emergency evacuation and fire drill procedures;

(b) arrangements for alternate emergency accommodations; and

(2) An operator shall ensure that the emergency plan under subsection (1) includes the following information:

(a) the nearest nursing station or public health unit;

(b) the nearest hospital emergency room;

(d) emergency contact information for

(i) a poison information centre,

(ii) an ambulance service for the area,

(iii) a taxi service for the area,

(iv) the local fire department,

(v) the Royal Canadian Mounted Police, and

(vi) a Child Protection Worker for the area.

(3) An operator shall ensure that the emergency evacuation and fire drill procedures under subsection (1) are practised at least once a month.

(4) An operator shall ensure that a record is prepared of each practice conducted under subsection (3), indicating the date and time of the practice and the number of children, staff persons, volunteers, substitutes and other persons who participated.

(5) Records prepared under subsection (4) must be retained for at least one year from the date that the records were prepared.

Reporting: Occurrences

21.

(1) An operator shall, in accordance with any guidelines issued by the Director, prepare a report after any of the following occurrences at the early learning and child care facility:

(a) a child becomes injured;

(b) a child becomes ill;

(d) an event occurs that renders the facility unable to operate, such as a flood or fire that damages the facility;

(e) a parent present at the facility engages in inappropriate behaviour;

(f) a child witnesses or observes violence or another serious incident;

(g) any other event occurs that the operator reasonably believes should be brought to the Director’s attention.

(2) An operator shall provide a copy of the report prepared under subsection (1) to the Director not later than the next business day after the occurrence.

(3) After an occurrence described in subsection (1), the operator shall take measures

(a) to prevent a similar occurrence from happening; or

(b) to mitigate a similar occurrence that might happen in the future.

(4) For greater certainty, nothing in this section affects the requirements to report an occurrence under any other laws.

(5) An operator shall retain the report prepared under subsection (1) for at least two years after the date of the occurrence as indicated in the report.

Designated Contact Person

22.

An operator shall ensure that the name and employment contact information of any staff person designated as the facility contact person is communicated in writing to the Director.

Personnel Records

23.

(1) An operator shall keep a file for each staff person, substitute or volunteer, as applicable.

(2) The file for each staff person, substitute or volunteer must include

(a) the job description referred to in subsection 56(1);

(b) documentation respecting the recognition of qualifications or the provisional recognition of qualifications;

(i) copies of records respecting training under section 58, and

(ii) proof of certification under subsection 60(1) or of exemption under subsection 60(2);

(d) the vulnerable sector and criminal record checks under sections 65, 66 and 69;

(e) the immunization record and evidence of tuberculosis screening provided under subsection 71(2); and

(f) in the case of an ELCC assistant, proof of age.

(3) An operator of a home-based facility shall keep a file with the following information:

(a) proof of certification under subsection 60(1) or of exemption under subsection 60(2);

(b) the vulnerable sector and criminal record checks under sections 65 and 66 for any substitutes approved by the Director under section 63;

(c) the vulnerable sector and criminal record checks under sections 67 and 68 for any adult who ordinarily resides in the private residence within which the early learning and child care facility operates;

(d) the immunization record and evidence of tuberculosis screening required under subsection 71(2);

(e) the name and contact information for each substitute.

(4) An operator shall retain the files required in subsections (1) or (2) for a period of at least six years from the most recent entry.

Financial Records

24.

(1) An operator shall maintain financial records of the early learning and child care facility in accordance with Canadian Generally Accepted Accounting Principles or International Financial Reporting Standards.

(2) Where an operator receives financial assistance for the operation of the early learning and childcare facility under these regulations, the Director may inspect the financial records of the facility in accordance with section 7 of the Act.

DIVISION C - EARLY LEARNING AND

CHILD CARE FACILITY

Rooms

25.

An operator shall ensure that a room that is used as part of the early learning and child care facility is dry, ventilated, lighted, sanitary, heated, in good repair and suitable for the care of children.

Indoor Play Space

26.

(1) An operator of a centre-based facility shall ensure that the facility has a minimum of 2.75 m² of free and usable indoor floor area per child, based on the maximum number of children regularly attending the facility for early learning and child care purposes.

(2) An operator of a home-based facility shall provide indoor play space with an area suitable for the number, ages and development of the children attending the facility.

Outdoor Play Space

27.

(1) An operator shall provide safe outdoor play space.

(2) Where the outdoor play space is not adjacent to the early learning and child care facility, the operator shall

(a) ensure that the space is within walking distance of the facility;

(b) ensure that the space is suitable for the number, ages and development of the children attending the facility; and

(3) Subject to subsection (5), where the outdoor play space is adjacent to a centre-based facility, the operator shall ensure that

(a) a minimum of 5 m² of play space is provided for each child; and

(b) the space is enclosed by a fence that is at least 1.5 m high, if the surrounding environment is hazardous to children.

(4) Subject to subsection (5), where the outdoor play space is adjacent to a home-based facility, the operator shall ensure that

(a) the space is suitable for the number, ages and development of the children attending the facility; and

(b) the space is enclosed by a fence that is at least 1.5 m high, if the surrounding environment is hazardous to children.

(5) If paragraph (3)(b) or (4)(b) can not be complied with because a bylaw, the operator shall

(a) erect a fence that is the maximum permissible height under the bylaw; and

(b) ensure that other precautions are taken to mitigate any risk to the children.

No Ladder or Underground Room or Space

28.

An operator shall ensure that the following are not used for the early learning and child care facility:

(a) a room or space that is accessible only by a ladder or folding stairs or through a trap door;

(b) a room or space that is more than one storey below ground level.

Locked Doors

29.

An operator shall ensure that a door that can be locked without the use of a key is not used in an area of the early learning and child care facility accessible to children, unless the door can be unlocked from either side.

Sleeping Areas

30.

(1) An operator shall ensure that a sleeping area in the early learning and child care facility is not used for meals or play activities while a child is sleeping in the area.

(2) Where a sleeping area is provided within an early learning and child care facility, the operator shall ensure that the sleeping area for children under 18 months of age is separate from older children to ensure quiet sleeping accommodation.

Cots, Beds, Cribs and Mats

31.

(1) Subject to subsection (3), an operator shall provide each child who rests or sleeps at the early learning and child care facility with a cot, bed, crib or sleeping mat.

(2) Subsection (1) does not apply in respect of a child whose parent

(a) has provided the operator with permission allowing the child to rest or sleep in a manner consistent with a traditional Indigenous practice that does not require a cot, bed, crib or sleeping mat;

(b) has provided the operator with any furnishings or equipment required for the child to rest or sleep in a manner under paragraph (a); and

(c) has agreed to be responsible for the cleanliness and sanitation of the furnishings or equipment referred to in paragraph (b).

(3) An operator shall ensure that a cot, bed, crib or sleeping mat provided under subsection (1), or any furnishings or equipment provided under paragraph (2)(b), are placed in a clean area with adequate space between them and other cots, beds, cribs, sleeping mats or furnishings or equipment provided under paragraph (2)(b).

(4) A cot, bed, crib or sleeping mat referred to in subsection (1) must

(a) meet any requirements of the Fire Marshal; and

(b) be covered with moisture-resistant, washable material.

(5) A cot, bed, crib or sleeping mat referred to in subsection (1),

(a) if used by only one child, must be clearly labelled with the name of the child and must be washed and sanitized once a week, or more frequently as required; or

(b) if used by more than one child, must be washed and sanitized between uses.

(6) An operator shall provide a clean, dry sheet and blanket for each child who rests or sleeps at the early learning and child care facility.

(7) A sheet and blanket referred to in subsection (6),

(a) if used by only one child, must be

(i) clearly labelled with the name of the child, and

(ii) washed once a week, or more frequently as required; and

(b) if used by more than one child, must be washed between uses.

Storage

32.

(1) An operator shall ensure that each child at the early learning and child care facility is provided with a locker, cubbyhole or hook that is

(a) easily accessible to the child;

(b) in a lighted area; and

(2) An operator shall ensure that cupboards or other means of storage are made available and easily accessible to children, to store indoor and outdoor play materials, equipment, clothing and supplies.

Animals

33.

(1) An operator shall ensure that no animals are kept in the early learning and child care facility unless

(a) a public health official has approved of the keeping of the animal;

(b) the operator has set aside a specific area for the animal; and

(2) Subsection (1) does not apply to an animal that is being trained or used for the purpose of providing assistance to persons with a disability.

Furnishings and Equipment

34.

(1) An operator shall provide furnishings and equipment, including play equipment, for children attending the early learning and child care facility that are

(a) consistent with the developmental capabilities of the children; and

(b) available in sufficient quantity and variety for all the children.

(2) Furnishings and equipment provided for children must be

(a) in good repair and free from sharp, loose or pointed parts;

(b) assembled, installed and used in accordance with the manufacturer’s instructions; and

(3) An operator shall provide

(a) sufficient tables and chairs of a suitable size; and

(b) a high chair or an infant seat with safety harness for each child attending who is not able to sit independently on a chair.

Garbage and Refuse

35.

(1) An operator shall ensure that

(a) in the case of a centre-based facility, garbage and refuse is removed daily from the facility; and

(b) in the case of a home-based facility, garbage and refuse is removed weekly from the facility.

(2) For greater certainty, the Public Health Act and its regulations apply.

Toilets and Washing

36.

(1) An operator shall ensure that the early learning and child care facility has water closets and lavatories that meet the requirements set out in the National Building Code of Canada, issued by the National Research Council of Canada, as amended from time to time.

(2) An operator shall ensure that water closets and lavatories in the early learning and child care facility have adequate supplies of

(a) hot and cold running water;

(b) liquid hand soap in dispensers; and

Drinking Water

37.

An operator shall ensure that children at the early learning and child care facility have ready access to drinking water from a water supply system as defined in subsection 1(1) of the Public Health Act.

Hazards

38.

(1) An operator shall ensure that children attending the early learning and child care facility are protected from hazards, including radiators, water pipes, water tanks, fuel tanks, electrical outlets and wood stoves.

(2) An operator shall ensure that any toxic plants kept in the early learning and child care facility are located in an area that is inaccessible to children.

(3) An operator shall ensure that any medical supplies and medication kept in the early learning and child care facility are stored

(a) in their original containers and in accordance with any directions on the packaging or directions from a pharmacist; and

(b) in a locked cabinet.

(4) An operator shall ensure that any poisonous substances and similar products kept in the early learning and child care facility are stored

(a) in their original containers and in accordance with any directions on the packaging; and

(b) in a locked cabinet or in a room that is inaccessible to children.

(5) An operator shall ensure that knives, kitchen tools and cleaning supplies kept in the early learning and child care facility are stored in an area that is inaccessible to children.

Firearms and Ammunition

39.

(1) An operator of a centre-based facility shall not bring or allow a person to bring a firearm into the facility unless

(a) the firearm is unloaded, cleared and made safe;

(b) the firearm is to be used for demonstration in an educational program for the children attending the facility; and

(2) An operator of a centre-based facility shall not

(a) bring or permit a person to bring ammunition into the facility; or

(b) store firearms or ammunition, or permit firearms or ammunition to be stored, in the facility.

(3) An operator of a home-based facility shall ensure that

(a) any firearms in the facility are kept unloaded, cleared and safe, in a locked cabinet;

(b) any ammunition in the facility is kept in a locked cabinet, separate from any firearms; and

Smoking

40.

(1) In this section, "smoke" means to smoke as defined in section 1 of the Smoking Control and Reduction Act.

(2) An operator shall ensure that persons at the early learning and child care facility comply with the Smoking Control and Reduction Act.

(3) An operator of a home-based facility shall notify the parents of the children attending the facility if smoking is permitted in the facility during periods when early learning and child care is not being provided.

(4) An operator of a home-based facility shall not smoke while preparing food for use in the facility.

Emergency Equipment

41.

(1) An operator shall ensure that smoke detectors, fire extinguishers and carbon monoxide detectors are located in the early learning and child care facility in compliance with any codes and standards adopted under section 2 of the Fire Prevention Regulations, made under the Fire Prevention Act, and any applicable bylaws in the community in which the facility is located.

(2) An operator shall ensure that the early learning and child care facility has

(a) a telephone in working order; and

(b) a first aid kit and manual that conform to guidelines for the facility provided by a first aid trainer or organization.

DIVISION D -

EARLY LEARNING AND

CHILD CARE

Behavioural Policies

42.

(1) An operator shall establish policies and practices for the early learning and child care facility that

(a) promote a respectful environment for children attending the facility;

(b) promote a co-operative approach to solving problems; and

(2) An operator shall ensure that the policies and practices established under subsection (1) are implemented at the facility.

(3) The policies under subsection (1) must outline the expectations in respect of a child’s behaviour and the consequences that arise from a child not complying with the expectations.

(4) An operator shall

(a) post the policies established under subsection (1) in a conspicuous place in the early learning and child care facility; and

(b) circulate the policies

(i) to the parents of the children enrolled at the early learning and child care facility, and

(ii) to each staff person at the early learning and child care facility.

Safe Environment for Children

43.

An operator shall ensure that a child attending the early learning and child care facility is not

(a) subjected to any form of physical, verbal or emotional abuse or harm by another child, staff person, substitute, parent or volunteer, as applicable; or

(b) denied or deprived of any physical necessity by another child, staff person, substitute, parent or volunteer, as applicable.

Daily Program

44.

(1) An operator shall establish a daily program for children attending the early learning and child care facility that

(a) facilitates and stimulates intellectual, physical, emotional and social development of the children;

(b) is appropriate to the developmental level of the children;

(d) to the extent possible, reflects the cultural and ethnic backgrounds of the children.

(2) An operator shall, as part of the daily program, provide daily outdoor play activities for each child, except on days when

(a) the weather is inclement;

(b) there are wildlife warnings in effect for the area; or

(3) An operator shall, as part of the daily program, ensure that each child attending the early learning and child care facility is provided with the opportunity to participate in activities that promote physical fitness for at least 30 minutes each day.

(4) Where a child with exceptional needs attends an early learning and child care facility, the operator shall

(a) to the extent possible, modify the daily program to ensure that the child is able to participate; and

(b) either

(i) provide any specialized equipment required for the child to participate in the daily program, or

(ii) request that the child’s parent provide any specialized equipment required for the child to participate in the daily program.

(5) An operator shall ensure that, to the extent possible, local community facilities and services are used to enhance the quality of the daily program at the early learning and child care facility.

(6) An operator shall post the daily program in a conspicuous place in the early learning and child care facility.

(7) An operator shall ensure that regular communications occur with each parent who enrolled their child early learning and child care facility about the child’s well-being and participation in the daily program.

Rest Periods

45.

(1) An operator shall ensure, to the extent possible, that each child attending the early learning and child care facility who is under 18 months of age is provided with periods of rest during the day in accordance with a schedule provided to the operator by the child’s parent.

(2) An operator shall ensure that each child attending the early learning and child care facility who is between 18 months and five years of age is provided, each day in the early afternoon, with a period during which the child may sleep, rest or engage in quiet activities.

Supervision

46.

(1) Subject to this section, an operator of a centre-based facility shall ensure that each child attending the facility is supervised at all times by a staff person other than a support staff person who has obtained a recognition of qualifications or a provisional recognition of qualifications.

(2) The operator of a centre-based facility shall ensure that

(a) at least one ELCC educator works at the facility at all times; and

(b) for each ELCC assistant working at the facility, there is at least one ELCC educator working at the facility.

(3) The operator of a home-based facility shall ensure that children attending the facility are supervised

(a) at all times, by the operator; or

(b) by a substitute in accordance with section 63.

Food

47.

(1) An operator shall ensure that each child attending the early learning and child care facility is provided with nutritious food that is selected in a manner consistent with the guidelines set out in

(a) Healthy Foods in Facilities: Food and Beverage Guidelines for Health and Social Services (October 2006), published by the Department of Health and Social Services, Government of the Northwest Territories, as amended from time to time; or

(b) Eating Well with Canada’s Food Guide: A Resource for Educators and Communicators (2011), published by Health Canada, as amended from time to time.

(2) An operator shall ensure that staff persons comply with the laws of the Northwest Territories respecting the storage, handling and serving of food.

(3) An operator shall ensure that a child under 18 months of age is

(a) attended to by an adult while eating; and

(b) given only foods of low-choking potential

(4) Where a child attending an early learning and child care facility is bottle-fed, an adult must hold the child and the bottle at all times during the feeding.

(5) An operator shall ensure that the frequency of meals and snacks is as follows:

(a) not more than three hours between meals or snacks, for children more than 10 years of age;

(b) not more than 2.5 hours between meals or snacks for children 10 years of age or under.

(6) An operator shall ensure that menus are prepared and posted, one week in advance of a meal, in a conspicuous place in the early learning and child care facility.

(7) An operator shall ensure that any changes to a menu are posted at least one day before the meal is served.

(8) An operator shall, in respect of children attending the early learning and child care facility, ensure that

(a) information about any food allergies, special dietary requirements or requirements for special feeding arrangements are posted in a conspicuous place in food preparation areas and serving areas; and

(b) all staff persons and substitutes, as applicable, are informed of the food allergies, special dietary requirements or requirements for special feeding arrangements.

Drinking Cups

48.

An operator shall ensure that disposable or separate drinking cups are maintained for each child.

Bathing for Infants

49.

(1) An operator shall make available infant bathing facilities where infants are present.

(2) An operator shall ensure that an ELCC staff person attends to, in accordance with these regulations, any infant who is bathed at the early learning and child care facility.

Diapering

50.

(1) An operator shall provide a diapering area in the early learning and child care facility that is separated from eating, sleeping and teaching areas, for all children who require diapering.

(2) An operator shall develop procedures respecting the use of the diapering area.

Administration of Medication

51.

An operator who agrees to administer prescription or non-prescription medication to a child shall

(a) obtain prior permission from the child’s parent;

(b) accept only medication brought to the early learning and child care facility by the parent

(i) in the case of non-prescription medication, in the original container, or

(ii) in the case of prescription medication, in a container supplied by a pharmacist;

(i) a home-based facility, administer the medication, and

(ii) a centre-based facility, designate one ELCC educator as having the responsibility to administer the medication;

(d) ensure that the medication is labelled with the child’s name, the expiry date, dosage and time and method of administration;

(e) ensure that the medication is stored

(i) in a locked cabinet, and

(ii) in accordance with any directions on the packaging or directions from a pharmacist;

(f) keep records of each dose administered to the child, including the type of medication, time of administration and amount of the dose; and

(g) in the case of a centre-based facility, require that the ELCC educator who administers medication under paragraph (c) sign the record referred to in paragraph (f).

Illness of Child

52.

(1) Where a child attending an early learning and child care facility is ill, the operator shall

(a) notify the child’s parent and request that the child be picked up as soon as possible;

(b) provide supervised care of the child in an area separate from other children until the child’s parent, or a person authorized by the parent, picks up the child; and

(2) Where an operator reasonably believes that a child attending the early learning and child care facility may be infected with a communicable disease, the operator shall

(a) notify the child’s parent and request that the child be picked up without delay;

(b) provide supervised care of the child in an area separate from other children until the child’s parent, or a person authorized by the parent, picks up the child; and

(3) An operator of a home-based facility, in consultation with a public health official, may permit a child with a communicable disease to attend the facility if the parents of all children attending the facility consent.

Injury Procedures

53.

Where a child becomes injured while attending an early learning and child care facility, the operator shall

(a) ensure the child receives any required medical assistance;

(b) notify the parent; and

Transport of Children

54.

(1) In this section, "vehicle" includes

(a) an all-terrain vehicle as defined in section 1 of the All-terrain Vehicles Act; and

(b) a motor vehicle as defined in section 1 of the Motor Vehicles Act.

(2) An operator shall develop and post in a conspicuous place at the early learning and child care facility a transportation policy that includes the following information:

(a) the amount of liability coverage in respect of bodily injury or death in the vehicle liability policy carried on each vehicle regularly used by the operator for the transportation of children attending the facility;

(b) the safety policies developed by the operator for the use of vehicles for the transportation of children attending the facility.

(3) An operator shall circulate the transportation policy developed under subsection (2)

(a) to the parents of the children attending the early learning and child care facility; and

(b) to each ELCC staff person.

(4) An operator shall ensure that each ELCC staff person, substitute and volunteer, as applicable, complies with the All-terrain Vehicles Act and Motor Vehicles Act while transporting children to and from the early learning and child care facility.

(5) An operator shall, in advance of the transport of a child, inform the parent of each child whether or not the child will be secured in a child restraint system or a seat belt assembly in the vehicle.

PART 3 PERSONNEL AND QUALIFICATIONS

DIVISION A - PERSONNEL

Operators

55.

(1) An operator shall post a copy of the Act and these regulations in a location, within the early learning and child care facility, that is readily accessible to all adults in the facility.

(2) An operator shall ensure that each staff person, substitute or volunteer, as applicable, is reminded of, and understands, their duties under section 8 of the Child and Family Services Act to report to a Child Protection Worker if the staff person, substitute or volunteer has information of a child in need of protection.

Operators of Centre-Based Facilities

56.

(1) An operator of a centre-based facility shall ensure that a job description is provided for each staff person.

(2) Each job description must

(a) identify the staff person as

(i) an administrator,

(ii) an ELCC assistant,

(iii) an ELCC educator,

(iv) a primary staff person,

(v) a supervisor, or

(vi) a support staff person; and

(b) indicate, in the case of a primary staff person, administrator or supervisor, whether or not they will have contact with children at the facility.

(3) An operator of a centre-based facility shall ensure that each ELCC staff person

(a) has

(i) an understanding of developmentally appropriate practices in respect of children, and

(ii) the ability to apply that understanding to the daily program provided at the facility;

(b) has an understanding of the role, responsibilities and ethics required of a provider; and

(c) fulfills the role, responsibilities and ethical requirements of a professional early learning and child care provider in accordance with any guidelines approved by the Director.

(4) An operator shall, when employing a staff person, inform

(a) the Director of the employment, if the staff person is a new employee; and

(b) the staff person that, prior to starting work at the early learning and child care facility, they are required to apply for and obtain

(i) a vulnerable sector and criminal record check under section 65, and

(ii) a recognition of qualifications or a provisional recognition of qualifications under Part 3, if they are intending to work as an ELCC assistant or ELCC educator.

(5) An operator shall not allow a staff person to work at a centre-based facility until the staff person has obtained a recognition of qualifications or a provisional recognition of qualifications, if subparagraph (4)(b)(ii) is applicable.

(6) An operator of a centre-based facility shall undertake training in early childhood and care on an annual basis, through courses, seminars or workshops.

(7) An operator of a centre-based facility shall retain records of attendance at training under subsection (6) for at least six years after the training.

Operators at Home-Based Facilities

57.

(1) For the purposes of these regulations, where a person is an operator of a home-based facility,

(a) the operator has all of the duties of a primary staff person and an ELCC educator, as set out in these regulations;

(b) the prohibitions set out in these regulations that apply to a primary staff person or ELCC educator apply to the operator; and

(c) where these regulations impose a duty on an operator in respect of a primary staff person or ELCC educator, the provision must be applied, with any necessary modifications, as if the operator is both the operator and the primary staff person or ELCC educator.

(2) A person who operates a home-based facility is the operator and the primary staff person of the home-based facility.

(3) An operator of a home-based facility shall

(a) demonstrate, to the satisfaction of the Director, an understanding of developmentally appropriate practices in respect of children and the ability to apply that understanding to the operator’s daily program;

(b) demonstrate, to the satisfaction of the Director, an understanding of the role, responsibilities and ethics required of a professional early learning and child care provider; and

(c) fulfill the role, responsibilities and ethical requirements of a professional early learning and child care provider in accordance with any guidelines approved by the Director.

(4) An operator of a home-based facility shall undertake training in early childhood and care on an annual basis through courses, seminars or workshops.

(5) An operator of a home-based facility shall retain records of attendance at training undertaken under subsection (4).

(6) An operator of a home-based facility shall not employ any staff persons other than support staff persons.

Staff Persons

58.

(1) An operator of a centre-based facility shall ensure that each staff person has the ability

(a) to interact effectively with children; and

(b) to build healthy relationships with children.

(2) An operator of a centre-based facility shall ensure that each staff person

(a) understands their role in fulfilling the goals and objectives of the early learning and child care facility; and

(b) has an understanding of the operations of the facility.

(3) An operator of a centre-based facility shall ensure that each ELCC staff person undertakes training in early childhood and care, other than the NWT Early Childhood Essentials Course, on an annual basis.

(4) An operator of a centre-based facility shall retain records of the attendance of each ELCC staff person who undertakes training under subsection (3).

(5) A staff person shall fulfill the role, responsibilities and ethical requirements of a professional child care provider in accordance with any guidelines approved by the Director.

ELCC Staff Person to Child

Ratios for Centre-Based Facilities

59.

(1) An operator of a centre-based facility shall apply the minimum ELCC staff person to child ratio and maximum group size for

(a) the age of each child as set out in Part 1 of Schedule B, where the children are cared for in separate age groups; and

(b) the ranges of the age of each child as set out in Part 2 of Schedule B, where the children are cared for in mixed age groups.

(2) The maximum group size required under subsection (1) does not apply when children are having meals, taking naps or taking part in special activities.

(3) Notwithstanding subsection (1), an operator of a centre-based facility shall ensure that at least two ELCC staff persons are on duty when more than six children are present at the facility.

(4) One of the ELCC staff persons referred to in subsection (3) must have no responsibilities other than care of the children attending the centre-based facility.

ELCC Assistants and ELCC Educators

60.

(1) An operator shall, subject to subsection (2), ensure that each ELCC staff person holds

(a) certification in infant and child cardiopulmonary resuscitation from a program approved by the Director; and

(b) certification in first aid from a program approved by the Director.

(2) The Director may exempt a person from holding a certification referred to in subsection (1) for a specified period of time after the date the person starts work as an ELCC staff person, in order to allow the person to obtain the certification.

(3) An operator shall ensure that

(a) each ELCC assistant working at the early learning and child care facility is at least 16 years of age; and

(b) each ELCC educator working at the early learning and child care facility is at least 19 years of age.

Reporting: ELCC Staff Person Reports

61.

(1) An operator of a centre-based facility shall, not later than April 5, July 5, October 5 and January 5 of each year, submit to the Director a report of the details of ELCC staff persons employed at the centre-based facility for the preceding three-month period in a form approved by the Director.

(2) The operator of a centre-based facility shall, not later than April 5 of each year, submit to the Director a report, in a form approved by the Director, of

(a) the details of ELCC staff persons employed at the facility for the preceding fiscal year; and

(b) any updates to previous reports submitted.

Support Staff Persons

62.

(1) A support staff person at a centre-based facility shall not have contact with children unless the support staff person is under the direct supervision of an ELCC educator.

(2) A support staff person at a home-based facility shall not have contact with children unless the support staff person is under the direct supervision of the operator.

Home-Based Facility Substitutes

63.

(1) Subject to this section, the operator of a home-based facility may authorize a substitute to provide care and supervision for a child where

(a) the operator needs to attend a scheduled appointment of not longer than two hours’ duration, including travel to and from the appointment;

(b) an emergency occurs and the substitute supervises the child until a parent can collect the child; or

(2) A person shall not act as a substitute under subsection (1) unless

(a) the person has undergone a vulnerable sector and criminal record check under section 65; and

(b) the operator has received an approval from the Director for the person to act as a substitute.

(3) An operator shall not authorize a substitute to provide care and supervision for a child until the requirements of subsection (2) have been met.

(4) Where the Director requests a meeting with the substitute, the operator shall arrange the meeting of the substitute with the Director.

(5) For greater certainty, a substitute is not a staff person.

Volunteers

64.

(1) Subject to this section, an operator may permit a volunteer to have contact with children at the early learning and child care facility.

(2) An operator shall not permit a volunteer, other than a parent, to have contact with children under subsection (1) until the volunteer has undergone a vulnerable sector and criminal record check under section 65.

(3) An operator may allow volunteers to have contact with children at an early learning and child care facility only

(a) on a temporary basis; or

(b) for short periods of time on a regular basis.

(4) An operator of a centre-based facility shall ensure that a volunteer who has contact with children is, at all times, in the presence of an ELCC educator during the contact.

(5) An operator of a home-based facility shall ensure that a volunteer who has contact with children is, at all times, under the direct supervision of the operator or substitute.

(6) For greater certainty, an operator shall not make use of volunteers to avoid hiring staff persons.

Vulnerable Sector and

Criminal Records Checks

65.

(1) In these regulations, a conviction for a criminal offence respecting a child or a conviction for a criminal offence of a violent nature does not include a conviction that is subject to a pardon or record suspension as described in subsection 5(1) of the Human Rights Act.

(2) An operator shall ensure that, before a staff person, substitute or volunteer, as applicable, starts working in or attending the early learning and child care facility or a substitute provides care and supervision at the facility, the staff person, substitute or volunteer provides to the operator a copy of the following obtained through the Royal Canadian Mounted Police:

(3) On receipt of the copies required by subsection (2), the operator shall provide the copies to the Director.

(4) On receipt of the copies provided under subsection (3), the Director shall

(a) determine if the staff person, substitute or volunteer has been convicted of or charged with

(i) a criminal offence respecting a child, or

(ii) a criminal offence of a violent nature; and

(b) determine if it is reasonable to believe that the employment or attendance of the staff person, substitute or volunteer would endanger the health, safety or well-being of a child attending the early learning and child care facility.

(5) Where the Director makes the two determinations under subsection (4), the Director shall advise the operator that the operator’s licence may be suspended or revoked if the operator continues to employ the staff person at, or allow the substitute or volunteer to attend the early learning and child care facility.

(6) The Director may, after advising the operator under subsection (5), suspend or revoke the licence of the operator if the staff person, substitute or volunteer continues to be employed at or to attend the early learning and child care facility.

(7) An operator shall not allow a person into an early learning and child care facility if the operator reasonably believes that the person

(a) has been convicted of or charged with

(i) a criminal offence respecting a child, or

(ii) a criminal offence of a violent nature; or

(b) would endanger the health, safety or well-being of a child.

Updates

66.

(1) An operator shall ensure that a staff person, substitute or volunteer, as applicable, provides to the operator, through the Royal Canadian Mounted Police,

(a) an updated vulnerable sector check every two years; and

(b) an updated criminal record check every two years.

(2) On receipt of the copies required by subsection (1), the operator shall provide the copies to the Director.

(3) On receipt of the copies provided under subsection (2), the Director shall

(a) determine if the staff person, substitute or volunteer has been convicted of or charged with

(i) a criminal offence respecting a child, or

(ii) a criminal offence of a violent nature; and

(4) Where the Director makes the two determinations under subsection (3), the Director shall advise the operator that the operator’s licence may be suspended or revoked if the operator continues to employ the staff person at, or allow the substitute or volunteer to attend the early learning and child care facility.

(5) The Director may, after advising the operator under subsection (4), suspend or revoke the licence of the operator if the staff person, substitute or volunteer continues to be employed at or to attend the early learning and child care facility.

Adult Residents in Home-Based Facility

67.

(1) An operator of a home-based facility shall ensure, before starting operations at the facility, that each adult who ordinarily resides in the private residence within which the facility will operate, provides a copy of the following to the operator, through the Royal Canadian Mounted Police:

(a) a vulnerable sector check;

(b) a criminal record check.

(2) On receipt of the copies required by subsection (1), the operator shall provide the copies to the Director.

(3) On receipt of the copies provided under subsection (2), the Director shall

(a) determine if the adult resident has been convicted of or charged with

(i) a criminal offence respecting a child, or

(ii) a criminal offence of a violent nature; and

(b) determine if it is reasonable to believe that the presence of the adult resident would endanger the health, safety or well-being of a child attending the early learning and child care facility.

(4) Where the Director makes the two determinations under subsection (3), the Director shall advise the operator that the operator’s licence may be suspended or revoked if the operator continues to allow the adult resident to reside at the early learning and child care facility.

(5) The Director may, after advising the operator under subsection (4), suspend or revoke the licence of the operator if the operator continues to allow the adult resident to reside at the early learning and child care facility.

Updates for Adult Residents

68.

(1) An operator of a home-based facility shall ensure that each adult, who ordinarily resides in the private residence within which the facility operates, provides to the operator, through the Royal Canadian Mounted Police, copies of

(a) an updated vulnerable sector check every two years; and

(b) an updated criminal record check every two years.

(2) On receipt of the copies required by subsection (1), the operator shall provide the copies to the Director.

(3) On receipt of the copies provided under subsection (2), the Director shall

(a) determine if the adult resident has been convicted of or charged with

(i) a criminal offence respecting a child, or

(ii) a criminal offence of a violent nature; and

(b) determine if it is reasonable to believe that the presence of the adult resident would endanger the health, safety or well-being of a child attending the early learning and child care facility.

(4) Where the Director makes the two determinations under subsection (3), the Director shall advise the operator that the operator’s licence may be suspended or revoked if the operator continues to allow the adult resident to reside at the early learning and child care facility.

Criminal Conviction or Charge

69.

(1) Where a staff person, substitute, volunteer or adult resident, as applicable, is convicted of or charged with a criminal offence, that person shall report the information to the operator without delay.

(2) An operator shall, when they become aware that a staff person, substitute, volunteer or adult resident has been convicted of or charged with criminal offence, report the information to the Director without delay.

(3) The Director may require an operator to provide updated information respecting the criminal record of or outstanding charges against the staff person, substitute, volunteer or adult resident referred to in subsection (1).

Illness of Staff Persons or Volunteers

70.

(1) An operator shall ensure that a staff person, substitute or volunteer does not work at the early learning and child care facility while their health may affect

(a) the quality of early learning and child care; or

(b) the health of children attending the facility.

(2) Where an operator reasonably believes that subsection (1) cannot be met, the operator may require the staff person, substitute or volunteer to undergo a medical examination and testing as recommended by a health care professional.

(3) Where an operator reasonably believes that a staff person, substitute or volunteer may be infected with a communicable disease, the operator shall

(a) ensure the staff person, substitute or volunteer is isolated from contact with children attending the early learning and child care facility and other staff persons, substitutes and volunteers;

(b) notify a public health official;

(d) if the person who may be infected is a substitute or volunteer, prohibit the substitute or volunteer from attending the early learning and child care facility until they have consulted with a health care professional ; and

(e) prohibit the staff person, substitute or volunteer from attending the early learning and child care facility during any period of time specified by a public health official or a health care professional.

Immunization

71.

(1) An operator shall ensure that each staff person or substitute submits to

(a) an immunization program that complies with the NWT Immunization Schedule, published by the Department of Health and Social Services, as amended from time to time; and

(b) a tuberculosis screening.

(2) An operator shall require each staff person or substitute to provide the operator with a copy of the staff person or substitute’s immunization record showing proof of compliance with the immunization program and screening required under subsection (1).

(3) An operator shall ensure that the information required under this section is provided by each staff person or substitute before they start working at the early learning and child care facility.

DIVISION B -

QUALIFICATIONS AND RECOGNITION

Early Learning and Child Care

Qualifications

72.

(1) The following classes of early learning and child care qualifications are established:

(a) Level 4;

(b) Level 3;

(d) Level 1;

(e) Level A.

(2) The requirements for each class of early learning and child care qualification are set out in Schedule C.

(3) A person who is less than 16 years of age is not eligible to apply to be recognized as having an early learning and child care qualification.

Applying for Recognition

73.

(1) A person is eligible to apply to be recognized as having an early learning and child care qualification where the person

(a) is an individual;

(b) meets the requirements set out in Schedule C for a specific class of qualification; and

(i) the person

(A) has been a resident of the Northwest Territories for at least six months prior to the date of application,

(B) is a student of a post-secondary institution in the Northwest Territories recognized by the Director, and

(ii) the person is currently employed in an early learning and child care facility or has an offer of employment from an early learning and child care facility.

(2) A person who is eligible under subsection (1) may apply to the Director to be recognized as having an early learning and child care qualification by submitting

(a) an application in a form approved by the Director;

(b) the applicable application fee as set out in Schedule A; and

(3) Where the Director approves of an application, the Director shall issue a recognition of qualifications.

(4) Where the Director issues a recognition of qualifications, the Director

(a) may impose any terms and conditions on the recognition that the Director considers reasonable; and

(b) shall notify the person of the recognition of qualifications and

(i) any terms and conditions imposed on the recognition under paragraph (a),

(ii) the reasons why the terms and conditions were imposed, and

(iii) how the person may request a review of the terms and conditions under section 77.

(5) A recognition of qualifications is valid for three years from its date of issue unless revoked.

(6) Where the Director rejects an application, the Director shall, without delay, give notice of the rejection to the applicant and specify the reasons for the rejection.

Provisional Recognition

74.

(1) On the date these regulations come into force under section 128, the Director shall issue every ELCC assistant and ELCC educator with a provisional recognition of qualifications.

(2) A provisional recognition of qualifications issued under subsection (1) expires 4 months after the date these regulations come into force.

(3) The Director may issue to a person who starts working as an ELCC assistant or ELCC educator a provisional recognition of qualifications.

(4) A provisional recognition of qualifications issued under subsection (3) expires 4 months after the date the ELCC assistant or ELCC educator started working as an ELCC assistant or ELCC educator.

(5) A provisional recognition of qualification issued under subsection (2) or (3) must not be renewed.

Revocation of Recognition

75.

(1) The Director may revoke a recognition of qualifications or a provisional recognition of qualifications where

(a) the ELCC assistant or ELCC educator has made a misleading representation on any application under the Act or these regulations;

(b) the ELCC assistant or ELCC educator has been convicted of a criminal offence respecting a child or a criminal offence of a violent nature; or

(c) the Director reasonably believes that the continued employment of the ELCC assistant or ELCC educator would endanger the health, safety or well-being of children attending the early learning and child care facility.

(2) Where a recognition of qualifications or provisional recognition of qualifications of an ELCC assistant or ELCC educator has been revoked, the ELCC assistant or ELCC educator shall not work as an ELCC assistant or ELCC educator until a new recognition of qualifications or provisional recognition of qualifications has been issued to them.

(3) Where the Director intends to revoke a recognition of qualifications or provisional recognition of qualifications, the Director shall provide the individual with 15-days’ advance notice of the intended revocation.

(4) Notice under subsection (3)

(a) must include the reasons why the recognition of qualifications or provisional recognition of qualifications is to be revoked; and

(b) may include steps that the ELCC assistant or ELCC educator may take to prevent the revocation.

(5) Notwithstanding subsection (3), where the Director reasonably believes that an ELCC assistant or ELCC educator would endanger the health, safety or well-being of a child attending the early learning and child care facility, the Director shall revoke the recognition of qualifications or provisional recognition of qualifications without advance notice.

(6) Where a revocation under this section occurs, the Director shall notify the ELCC assistant or ELCC educator of

(a) the revocation;

(b) the reasons for the revocation;

Prohibition from Employment of Staff Person

76.

(1) The Director may prohibit an individual from being employed as a staff person at an early learning and child care facility where the Director determines that

(a) the individual made a false representation on any application under the Act or these regulations; or

(b) the employment of the individual at an early learning and child care facility would endanger the health, safety or well-being of a child attending the facility.

(2) Where an individual has been prohibited from being employed as a staff person at an early learning and child care facility under subsection (1),

(a) the individual shall not work at any early learning and child care facility; and

(b) an operator shall not allow the individual to work at any early learning and child care facility.

(3) Where the Director intends to prohibit the employment of an individual under paragraph (1)(a) or (b), the Director shall notify the individual at least 15 days in advance of the intended prohibition.

(4) The notice in subsection (3)

(a) must include reasons for the prohibition; and

(b) may include steps that the individual may take to prevent the prohibition.

(5) Where the Director reasonably believes that the employment of an individual at an early learning and child care facility would endanger the health, safety or well-being of a child, the Director shall prohibit the employment without advance notice.

(6) Where a prohibition under this section occurs, the Director shall notify the individual of

(a) the prohibition;

(b) the reasons for the prohibition; and

Review

77.

(1) This section applies to an individual who

(a) disagrees with the revocation by the Director of a recognition of qualifications or provisional recognition of qualifications issued to them under these regulations;

(b) disagrees with terms and conditions imposed by the Director on a recognition of qualifications or a provisional recognition of qualifications issued to them under these regulations; or

(2) An individual may request that a decision described in subsection (1) be reviewed by the Assistant Deputy Minister within 30 days of receiving notice of the decision.

(3) On receipt of a request for review, the Director shall, without delay, provide the request to an Assistant Deputy Minister.

(4) After reviewing the request for review, the Assistant Deputy Minister may affirm, reverse or vary the decision of the Director being reviewed.

(5) The results of the review by the Assistant Deputy Minister must be provided to the individual, with written reasons, within 15 days after the review is complete.

(6) The individual may, within 30 days of receiving the results of the review under subsection (5), apply to the Deputy Minister to have the results of the review by the Assistant Deputy Minister reviewed by the Deputy Minister.

(7) On receipt of a request for review under subsection (6), the Deputy Minister

(a) may request additional information in respect of the results of the review;

(b) shall review the results and information, as applicable; and

(c) may affirm, reverse or vary the results of the review by the Assistant Deputy Minister or the decision of the Director.

Reporting: Qualifications

78.

(1) An operator of a centre-based facility shall, not later than April 5, July 5, October 5 and January 5 of each year, submit to the Director a report of staff person qualifications and provisional qualifications for the preceding three-month period in a form approved by the Director.

(2) An operator of a home-based facility shall, not later than the 5th day of each month, submit to the Director a report of staff person qualifications and provisional qualifications for the preceding month in a form approved by the Director.

(3) An operator shall, not later than April 5 of each year, submit to the Director a report of staff person qualifications and provisional qualifications for the preceding fiscal year in a form approved by the Director.

(4) An operator shall submit with a report under subsection (1), (2) or (3), any updates to previous reports in a form approved by the Director.

PART 4 CHILD CARE FEES

Maximum Child Care Fees

79.

(1) The maximum amounts for child care fees for enrolment in an early learning and child care facility are

(a) those fees set in Schedule D; and

(b) any allowable increases authorized under section 80.

(2) Where a child attends a combination of different classes of early learning and child care in any day, as referred to in subsection 2(1), the maximum fee is the highest fee applicable to the classes for that day.

Child Care Fee Increases

80.

(1) Where an operator intends to increase child care fees, the operator shall, in a form approved by the Director, notify the Director of the proposed increase not later than two weeks before the effective date of the proposed increase.

(2) Where an operator increases child care fees, the operator shall not charge child care fees greater than the sum of

(a) the maximum amount for child care fees under paragraph 79(1); and

(b) the maximum allowable increase authorized under subsection (3).

(3) The Director may, on or before March 15 of the current fiscal year, authorize the maximum allowable amount that an operator may increase their child care fees by for the following fiscal year.

(4) An operator shall not increase child care fees more than once per fiscal year.

Reporting: Child Care Fees Charged

81.

(1) An operator of a centre-based facility shall, not later than April 5, July 5, October 5 and January 5 of each year, submit to the Director a report of child care fees charged for the preceding three-month period at the early learning and child care facility in a form approved by the Director.

(2) An operator of a home-based facility shall, not later than the 5th day of each month, submit to the Director a report of child care fees charged for the preceding month in a form approved by the Director.

(3) An operator shall, not later than April 5 of each year, submit to the Director a report of child care fees charged for the preceding fiscal year at the centre-based facility in a form approved by the Director.

(4) An operator shall submit, with a report under subsection (1), (2) or (3), any updates to previous reports in a form approved by the Director.

PART 5 ALLOWANCES, STEP INCREMENTS AND

BONUSES FOR STAFF PERSONS

Interpretation

82.

(1) In this Part,

"geographic zone" means a geographic zone referred to in subsection 83(1); (zone géographique)

"Indigenous" means an individual who is a member of an Indigenous peoples, as defined in section 1 of the United Nations Declaration on the Rights of Indigenous Peoples Implementation Act; (Autochtone)

"northern experience" means experience obtained, for at least one year, in a prescribed northern zone under subsection 7303.1(1) of the Income Tax Regulations, CRC, c.945, made under the Income Tax Act (Canada); (expérience nordique)

"years of experience" means, in respect of a staff person, the number of full, cumulative, calendar years that the staff person was employed at an early learning and child care facility. (années d’expérience)

(2) For the purposes of section 32 of the Act, the prescribed minimum rate of pay is the sum of

(a) the step increment minimum rate of pay the staff person is entitled to under this Division;

(b) any allowances that the staff person is entitled to under this Division; and

(3) For greater certainty, this Part applies to centre-based facilities.

Allowances, Step Increments and Bonuses

83.

(1) Geographic zones are set out in Part 1 of Schedule E.

(2) Geographical zone allowances are set out in Part 2 of Schedule E.

(3) Step increments for minimum rates of pay to which staff persons are entitled, rates by class of staff person and years of experience are set out in Part 3 of Schedule E.

(4) Education allowances to which staff persons are entitled are set out in Part 4 of Schedule E.

(5) Bonuses to which Indigenous staff persons are entitled are set out in Part 5 of Schedule E.

(6) Bonuses to which staff persons with northern experience are entitled are set out in Part 6 of Schedule E.

Rules

84.

(1) An operator shall pay any staff person at the early learning and child care facility those step increments, allowances and bonuses to which the staff person is entitled under section 83.

(2) Where a staff person is the administrator of more than one early learning and child care facility, step increments, allowances and bonuses must be paid for not more than 40 hours per week between all facilities.

(3) Where an ELCC assistant or ELCC educator improves their early learning and child care qualifications and those qualifications are recognized under Division B of Part 3, the education allowance set out in Part 4 of Schedule E is effective on the earlier of

(a) the date of the achievement of the higher qualification; and

(b) the start of the fiscal year in which the ELCC assistant or ELCC educator submitted proof of the achievement to the operator.

(4) For greater certainty, where an ELCC assistant or ELCC educator can be classified under this section as falling into multiple categories, the category with the greater monetary allowance or bonus applies.

Prohibitions

85.

(1) For greater certainty, an operator shall not attempt, make or be a party to an agreement that purports to undermine this Part.

(2) Any agreement that purports to undermine this Part is void at law.

Reporting: Wages, Allowances and Bonuses

86.

(1) An operator shall, not later than April 5, July 5, October 5 and January 5 of each year, submit to the Director a report of wages, allowances and bonuses paid for the preceding three-month period at the early learning and child care facility in a form approved by the Director.

(2) An operator shall, not later than April 5 of each year, submit to the Director a report of wages, allowances and bonuses paid for the preceding fiscal year at the early learning and child care facility in a form approved by the Director.

(3) An operator shall submit, with a report under subsection (1) or (2), any updates to previous reports in a form approved by the Director.

PART 6 PROGRAM FUND

Interpretation

87.

In this Part,

"funds" means funds from the Program Fund; (sommes)

"Program Fund" means the Program Fund established under section 88. (Fonds de programme)

DIVISION A - GENERAL

Establishment of Program Fund

88.

The Program Fund is established as a program to provide funding to operators for the purpose of ensuring access to child care under section 41 of the Act.

Purpose

89.

(1) The purpose of the Program Fund is to ensure access to child care by facilitating the reduction of child care fees, through the provision of funding to operators.

(2) The Program Fund is available to operators of

(a) centre-based facilities; and

(b) home-based facilities that charge child care fees.

Administration

90.

The Director shall administer the Program Fund.

DIVISION B - CENTRE-BASED FACILITY

FUNDING

Interpretation and Application

91.

(1) In this Division, "contingency fund" means a contingency fund as described in section 101.

(2) This Division applies to centre-based facilities.

Eligibility

92.

An operator of a centre-based facility is eligible for funding from the Program Fund under this Division.

Funding Types

93.

(1) The following classes of funding are established, as part of the Program Fund, for operators of centre-based facilities:

(a) initial funding;

(b) dedicated funding;

(d) additional funding;

(e) inclusion and support funding.

(2) The Director may, on or before March 15 of the current fiscal year, for each class of funding under subsection (1), authorize the maximum allowable funding from the Program Fund that may be paid to operators, individually or collectively, for the following fiscal year.

(3) Notwithstanding any other provision in this Division, no amount may be paid under this Division that exceeds an applicable maximum allowable funding authorized under subsection (2).

Determination of Funding

94.

(1) Subject to subsection 96(1), the Director may determine the amount of funding to pay to an operator of a centre-based facility under this Division.

(2) When determining the amount of funding under subsection (1), the Director shall consider all documents contained in the registry for the centre-based facility and any other information that the Director considers relevant.

(3) Where the Director determines the amount of funding to allocate under subsection (1), the Director shall provide to the operator

(a) notice of the determination; and

(b) reasons for the determination.

(4) Where a determination of early learning child care enrolment space or attendance is necessary to determine the amount of funding under subsection (1), the determination of the space or attendance must be made using

(a) the months of October, November and December for the payment on April 1 under paragraph 103(a);

(b) the months of January, February and March for the payment on May 1 under paragraph 103(b);

(d) the months of July, August and September for the payment on November 1 under paragraph 103(d); or

(e) the months of October, November and December for the payment on February 1 under paragraph 103(e).

Reconsideration

95.

(1) An operator of a centre-based facility may, within 30 days after receiving notice of a determination under subsection 94(2), apply for a reconsideration of the determination to the Deputy Minister, by submitting

(a) an application for reconsideration of the determination in a form approved by the director;

(b) the applicable reconsideration fee as set out in Schedule A; and

(2) An application for reconsideration under paragraph (1) must be accompanied by the operator’s representations in support of the application.

(3) The Deputy Minister may, on reviewing the determination that is the subject of the application, confirm, vary or set aside the determination.

(4) Where the Deputy Minister confirms, varies or sets aside a determination under subsection (3), the Deputy Minister shall provide to the operator and to the Director

(a) notice of the decision; and

(b) reasons for the decision.

Initial Funding

96.

(1) Where a centre-based facility licence is issued to an operator, the Director shall, in consultation with the operator, determine the initial amount and payment of funding from the Program Fund to be paid to the operator to address the immediate operational needs of the facility for the period from the start of operations to the date the first report is due under section 106.

(2) Any payment of the initial amount must be made within 14 days of the approval.

Dedicated Funding

97.

(1) An operator of a centre-based facility is authorized to receive funding for annual wages and any allowances or bonuses for each ELCC staff person required to maintain the minimum ELCC staff person to child ratio and maximum group size in section 59.

(2) An operator is authorized to receive additional funding for annual wages and any allowances or bonuses for one additional ELCC staff person not funded under subsection (1), for every three ELCC staff persons, subject to subsection (3), who are funded under subsection (1).

(3) Where the number of ELCC staff persons funded under subsection (1) is not evenly divisible by three, the operator is authorized to receive additional funding for annual wages and any allowances or bonuses for one additional ELCC staff person for the fractional remainder under subsection (2).

(4) An operator is authorized to receive additional funding for annual wages and any allowances or bonuses for one a supervisor, for every six ELCC staff persons who are funded under subsection (1).

(5) Where the number of ELCC staff persons funded under subsection (1) is less than six, the operator is authorized to receive additional funding for annual wages and any allowances or bonuses for one supervisor.

(6) Where the number of ELCC staff persons funded under subsection (1) is less than four, the funding for the supervisor replaces the funding for one of the ELCC staff persons funded under subsection (1).

(7) For the purposes of subsections (2) to (4), where an ELCC assistant or ELCC educator provides out-of-school early learning and child care, the staff person must only be considered as one-third of a staff person.

(8) An operator is authorized to receive additional funding for annual wages and any allowances or bonuses paid to an administrator, where the combined number of ELCC staff persons funded under subsection (1) and supervisors funded under subsection (4) exceeds eight.

(9) An operator is authorized to receive an additional 11.4% of the total funding determined under this section to cover mandatory employment-related costs.

Flexible Funding

98.

An operator of a centre-based facility is authorized to receive funding as follows:

(a) $2,500 per year for each full-time early learning child care or part-time early learning child care enrolment space for a child at the centre-based facility authorized on the licence;

(b) $833.33 per year for each early learning child care enrolment space for an out-of-school child at the centre-based facility authorized on the licence.

Additional Funding

99.

(1) The Director may provide additional funding to an operator of a centre-based facility.

(2) The Director may attach terms and conditions to the additional funding provided under subsection (1).

(3) An operator who receives additional funding under subsection (1) shall comply with any terms and conditions attached under subsection (2).

Inclusion and Support Funding

100.

(1)In this section, "non-capital modifications" include the examples of modifications that should not be capitalized set out in item 19 of Government of Canada, "Directive on Accounting Standards: GC 3150 Tangible Capital Assets, Appendix A" (April 1, 2017), issued pursuant to section 7, subsection 9(1) and section 37.1 of the Financial Administration Act (Canada).

(2) The purpose of inclusion and support funding is to promote inclusion and support for children who have exceptional needs and require enhanced or individual assistance to participate safely and fully in a daily program at a centre-based facility.

(3) An operator of a centre-based facility may apply for inclusion and support funding by submitting to the Director

(a) an application in a form approved by the Director;

(b) the applicable application fee as set out in Schedule A; and

(4) Where the Director approves an application submitted under subsection (3), an operator of a centre-based facility may be authorized to receive inclusion and support funding under this section as follows:

(a) an amount approved by the Director for training of ELCC assistants and ELCC educators other than to meet the requirements of subsection 60(1);

(b) an amount approved by the Director for learning materials and non-capital modifications;

(c) an amount approved by the Director for the retention of health care professionals, specialized educators or individuals with specialized knowledge.

(5) An operator who receives inclusion and support funding under this section shall use that funding, in respect of each staff person who provides inclusion and support for children, to pay the annual wages and any allowances or bonuses paid to a staff person who is necessary for a child who has exceptional needs and requires enhanced or individual assistance to participate safely and fully in the daily program at the centre-based facility.

Contingency Fund

101.

(1)An operator of a centre-based facility may maintain a contingency fund into which may be paid, subject to this section, any unused funds provided under Division.

(2) A contingency fund maintained under this section must not contain more than the total amount of funding that the operator is authorized to receive for three months under sections 97 and 98.

(3) When determining the value of a contingency fund for the purposes of subsection (2), all money that the operator holds for the purposes of the operation of the centre-based facility must be included in the determination.

Terms and Conditions

102.

(1)Where a centre-based facility has an average annual attendance of less than 50% of children enrolled, the Director shall reduce the total amount of funding authorized under sections 97 and 98, for the next fiscal year, by 50%.

(2) Where a centre-based facility has a contingency fund exceeding the total amount under subsection 101(2), the Director shall reduce the total amount of funding authorized under section 98, for the next fiscal year, by an amount up to the amount that the facility exceeded the total amount under subsection 101(2).

(3) Any excess fund contained in a contingency fund beyond what is authorized under this Division must be remitted to the Director.

(4) Subsection (3) does not apply to any money in a contingency fund that originates from a source other than funding under this Division.

Payment

103.

Payment of funding to an operator of a centre-based facility under this Division must be made five times annually on

(a) April 1;

(b) May 1;

(d) November 1; and

(e) February 1.

Use of Funds

104.

(1)Subject to this Division, an operator of a centre-based facility shall use funds received under this Division as follows:

(a) for funds received April 1, for expenses arising in April of the year in which the funds are received;

(b) for funds received May 1, for expenses arising in May, June and July of the year in which the funds are received;

(c) for funds received August 1, for expenses arising in August, September and October of the year in which the funds are received;

(d) for funds received November 1, for expenses arising in November and December of the year in which the funds are received and January of the following year;

(e) for funds received February 1, for expenses arising in February and March of the year in which the funds are received.

(2) An operator shall, at the request of the Director, provide any information respecting how funds received under this Division have been used that the Director may require.

Discontinuing Funding

105.

(1)The Director may discontinue funding to an operator of a centre-based facility under this Division where the operator

(a) has provided false information under the Act or these regulations;

(b) has failed to comply with a provision of the Act or these regulations; or

(2) The Director shall, before discontinuing funding under this section, give the operator

(a) at least 14-days’ notice of the Director’s intention to discontinue the funding, and the reasons for the intended discontinuance; and

(b) a reasonable opportunity to respond.

(3) An operator whose funding is discontinued under this section shall remit any unused funding to the Director without delay.

Reporting: Estimates and Summaries of Operations

106.

(1) An operator of a centre-based facility shall, not later than April 5, July 5, October 5 and January 5 of each year, submit to the Director

(a) a report estimating operations and expenses for the upcoming three-month period in a form approved by the Director; and

(b) a summary report of actual operations and expenses for the preceding three-month period in a form approved by the Director.

(2) An operator shall not later than April 5 of each fiscal year, submit to the Director a summary report of operations for the preceding fiscal year in a form approved by the Director.

(3) An operator shall submit, with a summary report under subsection (1) or (2), any updates to previous summary reports in a form approved by the Director.

Annual Financial Statements

107.

(1) Subject to subsection (2), an operator shall, not later than 120 days after April 5, submit to the Director the following in respect of the operations of the centre-based facility for the previous fiscal year, if applicable:

(a) audited financial statements;

(b) a letter from the auditor who prepared the financial statements

(i) verifying the accuracy of the audited financial statements, and

(ii) noting any accounting irregularities or concerns detected.

(2) An operator is not required to make a submission under subsection (1) if the total funding under this Division is less than $250,000 for the previous fiscal year, unless the Director otherwise directs.

Debt Due

108.

Any funds that are to be remitted to the Director under this Division constitute a debt due to the Government of the Northwest Territories.

DIVISION C - HOME-BASED FACILITY

FUNDING

Application

109.

This Division applies to home-based facilities.

Eligibility

110.

An operator of a home-based facility is eligible for funding from the Program Fund under this Division.

Funding Types

111.

(1)The following classes of funding are established as part of the Program Fund for operators home-based facilities:

(a) funding for early learning child care enrolment spaces;

(b) funding for continuous operations of the facility and daily program at the home-based facility;

(d) funding for reducing the administrative costs of the home-based facility.

(2) The Director may, on or before March 15 of the current fiscal year, for each class of funding under subsection (1), authorize the maximum allowable funding from the Program Fund that may be paid to operators of home-based facilities, individually or collectively, for the following fiscal year.

(3) Notwithstanding any other provision in this Division, no amount may be paid under this Division that exceeds an applicable maximum allowable funding amount authorized under subsection (2).

Determination of Funding

112.

(1)The Director may determine the amount of funding to pay to an operator of a home-based facility under this Division.

(2) When determining the amount of funding to pay under subsection (1), the Director shall consider all documents contained in the registry for the home-based facility and any other information that the Director considers relevant.

(3) Where the Director determines the amount of funding to pay under subsection (1), the Director shall provide to the operator

(a) notice of the determination; and

(b) reasons for the determination.

(4) Where a determination of early learning and child care enrolment space is necessary to determine the amount of funding under subsection (1), the determination of the space must be made using

(a) the month of November for the payment on January 1 under paragraph 118(a);

(b) the month of December for the payment on February 1 under 118(b);

(d) the month of February for the payment on April 1 under 118(d);

(e) the month of March for the payment on May 1 under paragraph 118(e);

(f) the month of April for the payment on June 1 under 118(f);

(g) the month of May for the payment on July 1 under paragraph 118(g);

(h) the month of June for the payment on August 1 under 118(h);

(i) the month of July for the payment on September 1 under paragraph 118(i);

(j) the month of August for the payment on October 1 under 118(j);

(k) the month of September for the payment on November 1 under paragraph 118(k); and

(l) the month of October for the payment on December 1 under 118(l).

Reconsideration

113.

(1)An operator of a home-based facility may, within 30 days after receiving notice of a determination under subsection 120(2), apply for a reconsideration of the determination to the Deputy Minister, by submitting

(a) an application for reconsideration of the determination in a form approved by the Director;

(b) the applicable reconsideration fee as set out in Schedule A; and

(2) An application for reconsideration under paragraph (1) must be accompanied by the operator’s representations in support of the application.

(3) The Deputy Minister may, on reviewing the determination that is the subject of the application, confirm, vary or set aside the determination.

(4) Where the Deputy Minister confirms, varies or sets aside a determination under subsection (3), the Deputy Minister shall provide to the operator and Director

(a) notice of the decision; and

(b) reasons for the decision.

Funding for Enrolment Spaces

114.

(1)An operator of a home-based facility is authorized to receive annual funding for early learning and child care enrolment spaces at the home-based facility as set out in Part 1 of Schedule F.

(2) Where a child was enrolled at a home-based facility and the child is no longer enrolled, for the purposes of this section, the child is deemed to continue to be enrolled for the next five days that the home-based facility operates.

(3) Where an operator provides enrolment spaces for children in the custody of the Director of Child and Family Services, the spaces are deemed to be filled while

(a) the spaces remain available to those children; and

(b) the operator remains in good standing with the Director of Child and Family Services.

(4) Where an operator refuses to enrol or terminates the enrolment of a child for whom an enrolment space has been provided under subsection (3), for the purposes this section, the child is deemed to continue to be enrolled for the next five days at the home-based facility.

(5) The Director may authorize an operator to be provided with funding under this section for not more than 20 days in a fiscal year where

(a) the operator has designated the days as non-operating days for the purpose of taking a period of leave; and

(b) the home-based facility would otherwise operate on those days.

Funding for Continuous Operations

115.

(1)An operator of a home-based facility is authorized to receive annual funding under this section where they have operated the home-based facility for at least five continuous years.

(2) An operator of a home-based facility is authorized to receive funding for continuous operations as set out in Part 2 of Schedule F.

(3) When determining whether an operator of a home-based facility has operated the home-based facility for at least five continuous years, the following applies:

(a) if the operator of the home-based facility has taken parental leave due to the birth or adoption of a child by the operator, the period of the parental leave

(i) does not amount to a break in the continuity of the five years, and

(ii) does not count towards the five continuous years;

(b) if the operator of the home-based facility has taken educational leave in the pursuit of full-time education focussed on early childhood at a recognized post-secondary institution, the period of educational leave

(i) does not amount to a break in the continuity of the five years, and

(ii) does not count towards the five continuous years.

Funding for Reducing

Child Care Fees

116.

(1)This section applies only in respect of early learning and child care for preschool children or infants at a home-based facility.

(2) An operator of a home-based facility is authorized to receive funding under this section for the purposes of reducing child care fees payable by parents in respect of early learning and child care at the home-based facility.

(3) Notwithstanding section 119, the operator of a home-based facility shall use any funding received under this section exclusively for the purposes of reducing child care fees payable by parents in respect of early learning and child care at the home-based facility.

Funding for Reducing Administrative Costs

117.

An operator of a home-based facility is authorized to receive funding under this section for the purposes of reducing administrative costs incurred in operating the home-based facility.

Payment

118.

Payment of funding to an operator of a home-based facility under this Division must be made twelve times annually on

(a) January 1;

(b) February 1;

(d) April 1;

(e) May 1;

(f) June 1;

(g) July 1;

(h) August 1;

(i) September 1;

(j) October 1;

(k) November 1; and

(l) December 1.

Use of Funds

119.

(1)Subject to this Division, an operator of a home-based facility shall use funds received under this Division for expenses arising during the month the payment is received.

(2) An operator shall, at the request of the Director, provide any information respecting how funds received under this Division have been used that the Director may require.

Discontinuing Funding

120.

(1)The Director may discontinue funding under this Division to an operator of a home-based facility where the operator

(a) has provided false information under the Act or these regulations;

(b) has failed to comply with a provision of the Act or these regulations; or

(2) The Director shall, before discontinuing funding under this section, give the operator

(a) at least 14-days’ notice of the Director’s intention to discontinue the funding, and the reasons for the intended discontinuance; and

(b) a reasonable opportunity to respond.

Reporting: Estimates and

Summaries of Operations

121.

(1) An operator of a home-based facility shall, not later than the 5th day of each month, submit to the Director

(a) a report estimating operations and expenses for the month in a form approved by the Director; and

(b) a summary report of actual operations and expenses for the preceding month in a form approved by the Director.

(2) An operator of a home-based facility shall, not later than April 5 of each fiscal year, submit to the Director a summary report of operations for the previous fiscal year in a form approved by the Director.

(3) An operator of a home-based facility shall submit, with the reports under subsection (1) or the summary report of operations under subsection (2), any updates to previous reports or summary reports in a form approved by the Director.

Annual Financial Statements

122.

(1)The Director may require an operator of a home-based facility, not later than 120 days after April 5, submit to the Director the following in respect of the operations of the home-based facility for the previous fiscal year:

(a) audited financial statements;

(b) a letter from the auditor who prepared the financial statements

(i) verifying the accuracy of the audited financial statements, and

(ii) noting any accounting irregularities or concerns detected.

(2) An operator who submits the documents referred to in subsection (1) shall submit those documents in accordance with that subsection.

Debt Due

123.

(1)Where the Director requests that any unused funds provided under this Division be remitted to the Director, those funds must be remitted not later than six months after the end of the fiscal year in which the funding was received.

(2) Any funds that are to be remitted to the Director under this Division constitute a debt due to the Government of the Northwest Territories.

PART 7 GENERAL

Authorization, Notice or Permission in Writing

124.

An authorization, notice or permission given under these regulations must be in writing.

Confidentiality of Information

125.

An operator shall keep information about a child or the child’s family confidential, unless ordered otherwise by a court.

Directions

126.

(1)The Director may give directions to a person who does not comply with these regulations.

(2) A person to whom directions are given under subsection (1) shall comply with those directions.

REPEAL

127.

(1)The Early Learning and Child Care Standards Regulations, established by regulation numbered R-019-2023, are repealed.

(2) The Early Learning and Child Care Funding Regulations, established by regulation numbered R-018-2023, are repealed.

COMMENCEMENT

128.

These regulations come into force November 15, 2024.

SCHEDULE A

APPLICATION FEES

Item Description Reference Amount

1. Application for licence to operate early learning and child care facility s. 7(1)(b) $0

2. Application to renew licence to operate early learning and child care s. 10(1)(b) $0 facility

3. Application to be recognized as having an early learning and child care s. 73(2)(b) $0 qualification

4. Application for reconsideration of determination of funding s. 95(1)(b) $0

5. Application for inclusion and support funding s. 100(2)(b) $0

6. Application for reconsideration of determination of funding s. 113(1)(b) $0

ANNEXE

DROITS RELATIFS

No Description

1. Demande de permis d’exploitation de garderie éducative

2. Demande de renouvellement de permis d’exploitation éducative

3. Demande de reconnaissance de compétences en services et de garde des jeunes enfants

4. Demande de réexamen de décision sur le financement

5. Demande de financement d’inclusion et de soutien

6. Demande de réexamen de décision sur le financement

SCHEDULE B

(Paragraphs 59(1)(a) and (b))

ELCC STAFF PERSON TO CHILD RATIOS FOR CENTRE-BASED FACILITIES

PART 1

MINIMUM RATIO AND MAXIMUM GROUP SIZE

WHERE CHILDREN ARE CARED FOR IN SEPARATE AGE GROUPS

Item Age of Child Minimum ELCC Staff Maximum Group Size Person to Child Ratio

1. Less than or equal to 12 months 1:3 6

2. Greater than 12 months and less than 1:4 8 or equal to 24 months

3. Greater than 24 months and less than 1:6 12 or equal to 35 months

4. Greater than 35 months and less than 1:8 16 or equal to 4 years

5. Greater than 4 years and less than or 1:9 18 equal to 5 years

6. Greater than 5 years and less than 1:10 30 12 years

PART 2

MINIMUM RATIO AND MAXIMUM GROUP SIZE

WHERE CHILDREN CARED FOR IN GROUPS OF MIXED AGES

Item Mixed Age Group Minimum ELCC Staff Maximum Group Size Person to Child Ratio

1. Children less than or equal 1:4 8 to 24 months

2. Children greater than 24 months and less than 5 years,

(a) where child not enrolled in 1:8 16 school for full day

(b) where child enrolled in 1:10 30 school for full day

3. Children greater than 5 years and less 1:10 30 than 12 years

SCHEDULE C (Subsection 72(2))

ELCC STAFF PERSON QUALIFICATIONS

Item Qualification Requirements

1. Level 4 1. four-year bachelor degree program from an approved institution as defined in subsection 1(1) of the Student Financial Assistance Regulations; and

2. educational materials of degree program primarily deal with issues of early childhood

2. Level 3 3. two-year diploma program from an approved institution as defined in subsection 1(1) of the Student Financial Assistance Regulations; and

4. educational materials of diploma program primarily deal with issues of early childhood

3. Level 2 5. one-year certificate in early learning and child care from an approved institution as defined in subsection 1(1) of the Student Financial Assistance Regulations

4. Level 1 6. NWT Early Childhood Essentials Course and sufficient experience in a licensed early learning and child care facility as determined by the Director; or

7. suitable relevant professional learning and experience in a licensed early learning and child care facility as determined by the Director

5. Level A 8. unrecognized experience or education;

SCHEDULE D (Subsection 79(1))

MAXIMUM AMOUNTS FOR CHILD CARE FEES

Item Description Class of Early Maximum Monthly Early Learning and Child Care Fee Learning and Child Care New Early Learning and Child Care Facility Other than New Early Learning and Child Care Facility

1. infant Full-time Lesser of Lesser of ($44.78 per day) × (number of days) ($44.78 per day) × (number of days) and and

$1,030 $1,030

Part-time Lesser of Lesser of ($44.78 per day) × (number of days) ($44.78 per day) × (number of days) and and

$1,030 $1,030

Out-of-school N/A N/A

2. preschool child Full-time Lesser of Lesser of ($44.38 per day) ×(number of days) ($44.38 per day) × (number of days) and and

$1,020 $1,020

Part-time Lesser of Lesser of ($44.38 per day) × (number of days) ($44.38 per day) × (number of days) and and

$1,020 $1,020

Out-of-school N/A N/A

3. school-aged child Full-time Lesser of Lesser of ($44.38 per day) × (number of days) ($44.38 per day) × (number of days) and and

$1,020 $1,020

Part-time Lesser of Lesser of ($44.78 per day) × (number of days) ($44.78 per day) × (number of days) and and

$340 $340

Out-of-school Lesser of Lesser of ($44.38 per day) × (number of days) ($44.78 per day) × (number of days) and and

$340 $340

Note: A new early learning and child care facility is an early learning and child care facility that

(a) is operating for the first time and has been operating for less than one year; or

(b) has been operating for less than one year and had not been operating in the six-month period preceding the start of operations.

SCHEDULE

ALLOWANCES AND BONUSES

PART

GEOGRAPHICAL

Item Zone

1. Zone A Behchokö, Dettah, Enterprise, K’àtå’odeeche, Ndilô and

2. Zone B Fort Providence, Fort Resolution, River, Kakisa and Whatì;

3. Zone C Aklavik, Fort McPherson, Wells, Tsiigehtchic, Tuktoyaktuk,

4. Zone D Colville Lake, Délįnê, Sambaa K'e, Tulita and

PART

GEOGRAPHICAL ZONE ALLOWANCE

Item Zone

1. Zone A

2. Zone B

3. Zone C

4. Zone D

ANNEXE

INDEMNITÉS ET PRIMES

PARTIE

ZONES GÉOGRAPHIQUES

No Zone

1. Zone A Behchokö, Dettah, Enterprise, K’àtå’odeeche, Ndilô et

2. Zone B Fort Providence, Fort Resolution, River, Kakisa et Whatì;

3. Zone C Aklavik, Fort McPherson, Wells, Tsiigehtchic, Tuktoyaktuk,

4. Zone D Colville Lake, Délįnê, Sambaa K'e, Tulita et Ulukhaktok

PARTIE

INDEMNITÉ DES EMPLOYÉS SELON

No Zone

1. Zone A

2. Zone B

3. Zone C

4. Zone D

PART

STEP INCREMENTS TO MINIMUM RATES OF PAY

Item Class of Staff Hourly Person Step 1 Step 2 (Less than (1 or more 1 year of years but less experience) than 4 years of experience)

1. Administrator $27.50 /h $28.50 /h

2. ELCC $25.00 /h $25.75 /h assistant

3. ELCC $26.00 /h $27.00 /h educator

4. Supervisor $26.75 /h $27.75 /h

PART

EDUCATION ALLOWANCE FOR

Item Qualification

1. Certificate

2. Degree

3. Diploma

PARTIE

AUGMENTATION D’ÉCHELON DES TAUX DE RÉMUNÉRATION

SELON LEURS ANNÉES

No Catégorie Taux horaire d’employé Échelon 1 Échelon 2 (Moins (1 année d’1 année d’expérience d’expérience) ou plus, mais moins de 4 années)

1. Administra- 27,50 $/h 28,50 $/h teur

2. Aide- 25,00 $/h 25,75 $/h éducateur

AGJE

3. Éducateur 26,00 $/h 27,00 $/h

AGJE

4. Superviseur 26,75 $ /h 27,75 $/h

PARTIE

INDEMNITÉ DE FORMATION

No Qualification

1. Certificat

2. Grade

3. Diplôme

PART

BONUSES FOR INDIGENOUS

Item Staff Person

Less worked

1. Indigenous staff person $2,500(num_hrs_worked) (with more than one year of experience)

Note: In the formula, "num_hrs_worked" is the number of hours

PART

BONUSES FOR STAFF PERSONS WITH

Item Staff Person Amount

Less than 5 years northern experience

1. Staff person with northern - experience

Note: In the formula, "num_hrs_worked" is the number of hours

PARTIE

PRIMES DES EMPLOYÉS

No Employé

Moins de travail

1. Employé autochtone 2500$(no_hrs_trav) (avec plus d’une année d’expérience)

Note: Dans la formule, «no_hrs_trav» constitue le nombre d’heures

PARTIE

PRIMES DES EMPLOYÉS AVEC

No Employé

Moins de 5 années d’expérience nordique

1. Employé avec une - expérience nordique

Note: Dans la formule, «no_hrs_trav» constitue le nombre d’heures

SCHEDULE F

PROGRAM FUND FOR HOME-BASED FACILITIES (Subsections 114(1) and 115(2))

PART 1 AMOUNTS FOR EARLY LEARNING AND CHILD CARE SPACES AT HOME-BASED FACILITIES

Annual Amount Item Geographic Zone Infant Preschool Child Out-of-school Child

1. Zone A $8,615.75 $3,414.97 $1,137.52

2. Zone B $11,968.06 $4,774.21 $1,207.41

3. Zone C $11,968.06 $4,774.21 $1,207.41

4. Zone D $11,968.06 $4,774.21 $1,207.41

Note: A "geographic zone" means a geographic zone as defined in subsection 82(1).

PART 2

AMOUNT FOR FACILITIES OPERATING FOR AT LEAST FIVE CONTINUOUS YEARS

Item Description Annual Amount

1. Amount available where facility has operated for at least 5 continuous years $2,500