Bill-49-e.htm

BILL 49

Early Learning and Childcare Act

WHEREAS the Government of New Brunswick recognizes the importance of ensuring the safety, well-being and healthy development of all young children receiving early learning and childcare services;

WHEREAS the Government of New Brunswick is committed to supporting the early learning and childcare sector in its efforts to build a network of high-quality, accessible and affordable early learning and childcare services;

WHEREAS the Government of New Brunswick recognizes that a high-quality early learning and childcare sector serves the dual roles of fostering the early development of young children so they become healthy, self-sufficient and productive adults and supporting the labour force attachment and training efforts of parents;

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

INTERPRETATION AND APPLICATION

Definitions

1 The following definitions apply in this Act.

“administrator” means an individual appointed by an operator to provide on-site supervision of the day-to-day activities of a facility, and includes an operator who carries out these duties. (administrateur)

“associated person” means a person prescribed by regulation to be associated with a facility. (personne associée)

“child” means a person who is 12 years of age or under. (enfant)

“facility” means an early learning and childcare facility at which services are provided. (établissement)

“infant” means a child who is under 2 years of age. (enfant en bas âge)

“licence” means a licence issued under section 6 or renewed under section 12. (permis)

“licensed facility” means a facility for which its operator holds a licence or a probationary licence. (établissement agréé)

“Minister” means the Minister of Social Development, and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“operator” means an individual or corporation that operates a facility. (exploitant)

“preschool child” means a child who is 2 years of age or over and who is not yet attending school. (enfant d’âge préscolaire)

“school-age child” means a child who is attending school. (enfant d’âge scolaire)

“services” means services related to the care, supervision or development of a child which are provided by a person other than the child’s parent or guardian. (services)

“staff member” means a person who is employed in a facility, and includes an administrator and a volunteer. (membre du personnel)

Application

2 This Act does not apply to

(a) services which are provided in circumstances in which the parent or guardian of a child is on the premises and available at all times to attend to the needs of the child,

(b) services which are provided on a seasonal basis or for not more than 10 weeks in a calendar year,

(d) educational programs and educational services provided by the Minister of Education under the Education Act.

PART 2

EARLY LEARNING AND CHILDCARE FACILITIES

General prohibition

3 No person shall operate a facility except in accordance with this Act and the regulations.

Licensing of early learning and childcare facilities

Licence required

4(1) Subject to subsection (2), no person shall operate a facility unless that person holds a licence.

4(2) A person who does not hold a licence may operate a facility if that person provides services to one of the following groups of children:

(a) no more than 2 infants, including the children of the operator;

(b) no more than 4 preschool children, including the children of the operator;

(d) no more than 5 children, including those of the operator, if the children are from more than one of the groups described in paragraphs (a) to (c).

Application for licence

5(1) A person may apply to the Minister in the prescribed form for a licence to operate a facility.

5(2) An application for a licence shall be accompanied by the documents and the fee prescribed by regulation.

5(3) No individual who is under 19 years of age may apply for a licence.

Issuance of licence

6(1) On receiving a completed application for a licence, the Minister shall issue a licence to the applicant if the Minister is satisfied that

(a) the applicant complies with this Act and the regulations,

(b) the premises where the facility will operate comply with this Act and the regulations, and

6(2) On issuing a licence, the Minister may impose on the licence any term or condition that the Minister considers appropriate.

6(3) A licence shall be issued for a term of one year.

6(4) A licence shall indicate the following information:

(a) the name of the operator to whom it is issued;

(b) the location of the premises at which the facility shall operate under the licence;

(d) the maximum number of children who may receive services at the facility;

(e) the ages of the children who may receive services at the facility;

(f) the expiry date of the licence; and

(g) any terms or conditions imposed on the licence by the Minister.

Terms and conditions

7 A licence is subject to the following:

(a) this Act and the regulations that apply to the licence; and

(b) the terms and conditions imposed on the licence under subsection 6(2).

Licence not transferable

8 A licensee may not transfer or assign a licence to another person.

Expiry

9 A licence expires at the end of the term of the licence unless it is renewed.

Refusal to issue licence

10(1) The Minister may refuse to issue a licence in the following circumstances:

(a) the Minister is not satisfied that the applicant is capable of operating the facility in accordance with this Act and the regulations;

(b) the Minister has reasonable grounds to believe that the applicant has knowingly made a false statement in the application or the accompanying documents; or

(c) the Minister has reasonable grounds to believe that an associated person is not suitable to have contact with children receiving services at the facility.

10(2) An associated person is not suitable to have contact with children receiving services at a facility in the following circumstances:

(a) a court has made an order based on a finding that the person has endangered the security or development of a child as described in paragraphs 31(1)(a) to (g) of the Family Services Act;

(b) a court has made an order based on a finding that the person has endangered the security of another person as described in paragraphs 37.1(1)(a) to (g) of the Family Services Act;

(c) as the result of an investigation under the Family Services Act, the Minister has made a finding that the person has endangered the security or development of a child as described in paragraphs 31(1)(a) to (g) of that Act;

(d) as the result of an investigation under the Family Services Act, the Minister has made a finding that the person has endangered the security of another person as described in paragraphs 37.1(1)(a) to (g) of that Act; or

(e) the person has been convicted of an offence under the Criminal Code (Canada) that is prescribed by regulation.

Application to renew licence

11(1) A licensee may apply to the Minister in the prescribed form to renew a licence.

11(2) An application for the renewal of a licence shall be accompanied by the documents and the fee prescribed by regulation.

Renewal of licence

12(1) On receiving a completed application for the renewal of a licence, the Minister shall renew the licence if the Minister is satisfied that

(a) the licensee complies with this Act and the regulations,

(b) the premises where the facility operates comply with this Act and the regulations, and

12(2) Subsections 6(2) to (4) apply with the necessary modifications to the renewal of a licence.

Refusal to renew licence

13(1) The Minister may refuse to renew a licence in the following circumstances:

(a) the Minister is not satisfied that the licensee is capable of operating the facility in accordance with this Act and the regulations;

(b) the Minister has reasonable grounds to believe that the licensee has knowingly made a false statement in the application or the accompanying documents or in any other record or document required to be maintained under this Act or the regulations;

(c) the Minister has reasonable grounds to believe that an associated person is not suitable to have contact with children receiving services at the facility; or

(d) after an inspection under section 22 and reasonable inquiry, the Minister is satisfied that the licensee has violated or failed to comply with a term or condition of the licence, a provision of this Act or the regulations or a provision of another Act that is prescribed by regulation.

13(2) Subsection 10(2) applies to an associated person referred to in paragraph (1)(c).

Continuation of licence

14(1) When a licensee applies to renew a licence before the licence expires, the licence shall be deemed to continue until

(a) the Minister renews the licence, or

(b) the Minister refuses to renew the licence.

14(2) If a licensee makes a request under section 33 for the Minister to review a decision not to renew a licence, the licence shall be deemed to continue until the Minister makes a determination under section 36.

Waiting period after refusal or revocation

15(1) The following definitions apply in this section.

“affiliate” means an affiliate as defined in the Business Corporations Act. (affilié)

“associate” means an associate as defined in the Business Corporations Act. (associé)

“director” means a director as defined in the Business Corporations Act. (administrateur)

“incorporator” means an individual or body corporate that signs articles of incorporation under section 3 of the Business Corporations Act. (fondateur)

15(2) A person who is refused a licence, who is refused renewal of a licence or whose licence is revoked shall not apply for a licence for the period of time prescribed by regulation.

15(3) The prohibition in subsection (2) also applies to the the following persons:

(a) an associate of the person referred to in subsection (2);

(b) if the person referred to in subsection (2) is a corporation,

(i) a director of the corporation, and

(ii) an affiliate of the corporation; and

Requirements of early learning and childcare facilities

Location of operation

16 A licensed facility may be operated only at the premises specified in the licence issued to its operator.

Transportation of children

17 An operator of a licensed facility who transports or provides for the transportation of children receiving services at the facility shall ensure that it is done in accordance with the requirements prescribed by regulation.

Curriculum framework

18(1) When providing services to infants or preschool children, the operator of a licensed facility shall use, in its or their entirety, one or both of the curriculum frameworks provided by the Minister.

18(2) The curriculum frameworks provided by the Minister may be modified only by the Minister.

18(3) An operator who uses both curriculum frameworks to provide services at a single facility shall do so in accordance with the requirements prescribed by regulation.

18(4) A staff member of a licensed facility who works directly with infants or preschool children shall complete training in a curriculum framework used at the facility.

18(5) A staff member may work only with the curriculum framework for which the staff member has received the prescribed training.

18(6) The training required under subsection (4) shall be prescribed by regulation and shall be completed within the time period prescribed by regulation.

18(7) Despite subsection (1), an operator of a licensed facility that, immediately before the commencement of this section, was using a curriculum approved by the Minister may use that curriculum in providing services to infants and preschool children and shall do so in accordance with the requirements prescribed by regulation.

18(8) Despite subsection (1), on application by an operator, the Minister may permit the operator to use an alternative curriculum or curriculum framework if the Minister is satisfied that the alternative curriculum or curriculum framework meets the requirements prescribed by regulation.

18(9) Subsection (4) does not apply to the following persons:

(a) staff members of a licensed facility whose operator is exempt under subsection (7) or (8) from the requirements of subsection (1); and

(b) volunteers.

Staff training and qualifications

19 The staff members of a licensed facility shall meet the training requirements and other qualifications prescribed by regulation.

Records and other documents

20(1) The operator of a licensed facility shall maintain those records and documents prescribed by regulation.

20(2) The operator of a licensed facility shall file with the Minister those records and documents requested by the Minister within the time specified by the Minister.

Duty to post

21 A licensee shall post the following documents in a clearly visible and prominent place in the facility associated with the licence:

(a) the licence;

(b) a report provided under section 23;

(d) a probationary license issued under section 29.

Inspections of licensed facilities

Inspections

22(1) At any reasonable time, an inspector may enter and inspect a licensed facility for the purpose of ensuring compliance with this Act, the regulations and the licence associated with the facility.

22(2) Before or after attempting to enter a licensed facility under subsection (1), an inspector may apply for an entry warrant under the Entry Warrants Act.

22(3) An inspector shall not enter a private dwelling under subsection (1) unless the inspector is entering in one of the following circumstances:

(a) the inspector is acting in an emergency situation;

(b) the inspector is entering with the consent of a person who appears to be an adult and an occupant of the dwelling; or

22(4) During an inspection, an inspector may do any of the following:

(a) require to be produced for inspection, or for the purpose of obtaining copies or extracts, any record or document prescribed by regulation; and

(b) make those examinations and inquiries of any person that the inspector considers necessary for the purpose of ensuring compliance with this Act, the regulations and the licence associated with the facility.

22(5) Immediately on demand by an inspector, the operator or administrator of a licensed facility shall produce a record or document required by the inspector under subsection (4).

22(6) Every person shall give an inspector all reasonable assistance to enable the inspector to carry out an inspection under this section, including providing the inspector with the information that the inspector reasonably requires.

22(7) An inspector acting under this section may request the assistance of a peace officer.

Inspection report

23 An inspector shall provide an operator with a copy of the inspector’s report.

Removal of records and documents

24(1) For the purposes of section 22, an inspector may remove a record or document from a licensed facility and may make a copy or extract of it or any part of it and shall give a receipt for the record or document to the person who provided it to the inspector.

24(2) When a record or a document is removed from a licensed facility, it shall be returned as soon as possible after the copies or extracts have been made.

24(3) A copy or extract of a record or document related to an inspection and purporting to be certified by the inspector is admissible in evidence in a proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the inspector.

Confidentiality of information

25 A statement, declaration, record or document made or given by a person at the request of an inspector in the course of an inspection is confidential and for the information and use of the Minister only and may not be inspected by any other person without the written authorization of the Minister.

Obstruction of inspectors

26(1) No person shall obstruct or interfere with an inspector who is carrying out or attempting to carry out an inspection under section 22.

26(2) A person is not interfering with or obstructing an inspector if the person refuses to consent to the inspector entering a private dwelling unless an entry warrant has been obtained or the inspector is acting in an emergency situation.

Inspectors

27(1) The Minister may appoint inspectors for the purposes of this Act and the regulations.

27(2) The Minister shall issue to an inspector a certificate of appointment bearing the Minister’s signature or a facsimile of it.

27(3) An inspector who exercises powers under this Act or the regulations shall produce his or her certificate of appointment when requested to do so.

Enforcement

Order for compliance

28(1) If the Minister is of the opinion that a licensed facility is not being operated or maintained in compliance with this Act, the regulations or its licence, the Minister may issue an order to the operator requiring that those measures specified in the order be taken in order to remedy the non-compliance.

28(2) An order under subsection (1) shall be in writing and shall specify the time within which it must be complied with.

Probationary licence

29(1) The Minister may suspend the licence associated with a licensed facility and issue a probationary licence to the operator in the following circumstances:

(a) the Minister is of the opinion the facility is not being operated or maintained in compliance with this Act, the regulations, its licence or a provision of any other Act prescribed by regulation; or

(b) the Minister has reasonable grounds to believe that the operator knowingly made a false statement in an application under section 5 or 11 or in a document or record required to be maintained or filed under this Act or the regulations.

29(2) When a probationary licence has been issued in accordance with paragraph (1)(a), in addition to the information required under subsection 6(4), the licence shall indicate the following information:

(a) the non-compliance that resulted in the issuance of the probationary licence;

(b) the measures the operator must take to remedy the non-compliance; and

29(3) The term of a probationary licence shall be no more than 3 months and shall not exceed the unexpired term of the suspended licence.

29(4) At any time during the term of a probationary licence issued in accordance with paragraph (1)(a), if the Minister is satisfied that the operator has taken the measures indicated in that licence within the specified time, the Minister may reinstate the suspended licence for the remainder of the unexpired term of that licence.

29(5) If an operator fails to complete the measures indicated in a probationary licence issued in accordance with paragraph (1)(a) within the specified time, the Minister may do either of the following:

(a) refuse to reinstate the suspended licence; or

(b) renew the probationary licence if the Minister is satisfied that the operator’s failure to complete the indicated measures within the specified time was due to circumstances beyond the operator’s control.

29(6) The Minister may renew a probationary licence for only one period of no more than 3 months.

29(7) At any time during the term of a probationary licence issued in accordance with paragraph (1)(b), the Minister may do either of the following after an investigation and reasonable inquiry:

(a) reinstate the suspended licence for the remainder of the unexpired term of that licence; or

(b) refuse to reinstate the suspended licence.

29(8) If the Minister refuses to reinstate a suspended licence under subsection (5) or (7), the probationary licence expires at the end of its term.

Revocation of licence - grounds

30(1) If a probationary licence expires in accordance with subsection 29(8), the Minister shall revoke the suspended licence.

30(2) The Minister may revoke a licence if the licensee has been convicted of an offence under

(a) this Act or the regulations, or

(b) an Act prescribed by regulation or the regulations under that Act.

Revocation of licence - procedure

31(1) The revocation of a licence is effective as follows:

(a) immediately on the Minister posting notice of the revocation at the facility if the Minister is of the opinion that there is an imminent danger to the health, safety or well-being of a child; or

(b) on the fifteenth day following the day the Minister serves notice of the revocation on the licensee.

31(2) Immediately on making a determination to revoke a licence, the Minister shall serve written notice of the revocation on the licensee.

31(3) A notice of revocation shall indicate the following information:

(a) the reason for the revocation; and

(b) the effective date of the revocation.

31(4) A notice of revocation may be served on a licensee by any of the following methods:

(a) by personal service;

(b) by ordinary mail to the licensee’s last address known to the Minister;

(d) by e-mail to the licensee’s last e-mail address known to the Minister.

31(5) The Minister shall post a notice of revocation in a clearly visible and prominent place on the premises where the facility is operated.

31(6) The Minister shall provide a copy of the notice of revocation to the parent or guardian of each child that receives services at the facility.

General duty to notify

32(1) If the Minister refuses to issue or renew a licence or acts under section 28 or 29, the Minister shall provide written notice of the Minister’s decision to the applicant or the licensee, as the case may be.

32(2) A notice under subsection (1) shall indicate the following information:

(a) the decision made by the Minister;

(b) the reasons for the decision; and

32(3) A notice under subsection (1) shall be provided to the applicant or the licensee by any of the following methods:

(a) by ordinary mail to the applicant’s or licensee’s last address known to the Minister;

(b) by fax to the applicant’s or licensee’s last fax number known to the Minister; or

32(4) The Minister may post a notice under this section in a clearly visible and prominent place on the premises where the facility is operated.

Review of decisions

Persons entitled to review

33(1) A person whose application for a licence or the renewal of a licence has been refused may request that the Minister review that decision.

33(2) A licensee may request that the Minister review the following decisions:

(a) a decision to issue a probationary licence under section 29; and

(b) a decision to refuse to reinstate a suspended licence under subsection 29(5) or (7).

Request for review

34 A request for a review under section 33 shall be submitted to the Minister in writing and shall be made within 10 days after the person is provided with notice of the Minister’s decision.

Decision stayed

35 A request for a review under section 33 stays the decision under review.

Review of decision

36(1) On request, the Minister shall review a decision of the Minister and, on completion of the review, may do any of the following:

(a) confirm the decision;

(b) vary the decision; or

36(2) Before the Minister completes the review of a decision, the person who requested the review is entitled to make oral or written representations to the Minister.

36(3) The Minister shall complete the review of a decision within 15 days after the request for the review is received by the Minister.

Unlicensed early learning and childcare facilities

Investigation of unlicensed facility

37(1) Subject to subsection (2), if an inspector has reasonable and probable grounds to believe that a person is operating a facility without a licence in circumstances in which a licence is required, the inspector may

(a) at any reasonable hour enter the premises from which the facility is operating for the purpose of conducting an investigation, and

(b) examine any record or document relevant to the investigation.

37(2) An inspector may enter premises for the purposes of subsection (1) in one of the following circumstances:

(a) the inspector is acting in an emergency situation;

(b) the inspector is entering with the consent of a person who appears to be an adult and in charge of the premises; or

37(3) Before or after attempting to enter premises under subsection (1), an inspector may apply for an entry warrant under the Entry Warrants Act.

37(4) An inspector acting under this section may request the assistance of a peace officer.

37(5) Subsections 22(4) to (6) and sections 24 and 25 apply with the necessary modifications to an investigation under this section.

Obstruction

38(1) No person shall obstruct or interfere with an inspector who is carrying out or attempting to carry out an investigation under section 37.

38(2) A person is not interfering with or obstructing an inspector if the person refuses to consent to the inspector entering the premises unless an entry warrant has been obtained or the inspector is acting in an emergency situation.

Order to cease operations

39(1) After an investigation has been conducted under section 37, if the Minister is satisfied that a person is operating a facility without a licence in circumstances in which a licence is required, the Minister may order the person in writing to cease operating the facility.

39(2) The Minister shall serve an order under subsection (1) by personal service on the person to whom it is directed.

39(3) If the person to whom an order is directed under subsection (1) fails to comply with the order, the Minister may apply to The Court of Queen’s Bench of New Brunswick for an order directing that person to cease operating the facility.

39(4) The Rules of Court apply to an application under subsection (3).

39(5) On application under subsection (3), if the court is satisfied that a person is operating a facility without a licence in circumstances in which a licence is required, the court may make an order directing the person to cease operating the facility.

Interim permit

40(1) Despite any other provision of this Act or the regulations, the Minister may issue an interim permit to the operator of an unlicensed facility that fulfils the following conditions:

(a) the operator has applied to the Minister for a licence;

(b) the operator, the facility’s premises or the services provided at the facility do not comply with all the requirements of this Act and the regulations;

(c) the operator, the facility’s premises and the services provided at the facility meet the requirements prescribed by regulation for receipt of an interim permit; and

(d) the Minister is satisfied that the operator, the facility’s premises and the services provided at the facility will comply with the requirements of this Act and the regulations within 6 months after the permit is issued.

40(2) On issuing an interim permit, the Minister may impose on the permit any term or condition prescribed by regulation.

40(3) The term of an interim permit shall be no more than 6 months and it may not be renewed.

40(4) At any time during the term of an interim permit, if the Minister is satisfied that the operator complies with this Act and the regulations, the Minister may issue a licence to the operator under section 6.

40(5) If a licence is not issued in accordance with subsection (4), an interim permit expires at the end of the term of the permit.

40(6) The following provisions of the Act apply with the necessary modifications to an interim permit or the holder of an interim permit, as the case may be:

(a) subsection 6(4); and

(b) sections 8, 21, 22, 23, 24, 26 and 28.

PART 3

CHILDCARE GRANTS

Provision of grants

41(1) In accordance with the regulations, the Minister may provide grants to aid and encourage

(a) the establishment, operation and maintenance of licensed facilities in the Province,

(b) the improvement of the quality of services provided in the Province,

(d) the development and operation of programs and services which promote the purposes of this Act.

41(2) Grants shall be provided under subsection (1) in accordance with the terms and conditions prescribed by regulation.

Application for grant

42(1) An operator who seeks a grant under this Act shall apply to the Minister on a from provided by the Minister, and the application shall be accompanied by the documents that the Minister requires.

42(2) If the Minister is of the opinion that the grant sought should not be provided, the Minister may refuse to act under section 41 and shall so notify the applicant.

42(3) The Minister is not required to give reasons for refusing to act on an application for a grant.

Financial and other records

43(1) An operator who receives a grant under section 41 shall maintain those financial and other records that are prescribed by regulation.

43(2) The Minister may require an operator to produce for examination any record required to be maintained under this section.

43(3) After examining financial records under subsection (2), the Minister may require the operator to submit audited financial statements to the Minister within the time specified by the Minister.

Repayment of grant

44(1) If an operator has received a grant or a portion of a grant to which the operator is no longer eligible, the Minister may require the operator to repay all or a portion of the grant.

44(2) Sections 52 and 53 apply with the necessary modifications to the repayment of all or a portion of a grant.

PART 4

CHILDCARE SUBSIDIES

Definitions

45 The following definitions apply in this Part.

“assistance” means financial assistance provided to a parent in accordance with section 46. (assistance)

“parent” means a parent having sole or joint custody of a child or a guardian who has assumed responsibility for a child. (parent)

Provision of assistance

46(1) The Minister may provide financial assistance to an eligible parent for services provided at a licensed facility or a facility that is subject to an interim permit.

46(2) The Minister shall provide assistance in accordance with the regulations.

46(3) A parent’s eligibility to receive assistance shall be determined in accordance with the regulations.

46(4) Despite subsection (1), the Minister may provide assistance to an eligible parent for services provided by an individual who operates a facility described in subsection 4(2) if the parent is unable to access a suitable space for his or her child in a licensed facility or a facility that is subject to an interim permit.

Application for assistance

47 An application for assistance shall be made on a form provided by the Minister and shall be accompanied by the documents prescribed by regulation.

Deemed compliance

48 A parent who applies for or, directly or indirectly, receives assistance is deemed to have agreed to comply with the requirements, terms and conditions that are imposed respecting the receipt of that assistance under this Act and the regulations, in so far as they apply to that parent.

Payment to facility

49(1) When the Minister provides assistance to a parent, the Minister may make payments directly to the operator of a facility on behalf of the parent.

49(2) An operator that is paid assistance under subsection (1) shall maintain the records and documents that are prescribed by regulation.

49(3) Immediately on demand by the Minister, an operator referred to in subsection (2) shall submit to the Minister any record or other documents that the Minister requires.

Minister’s discretion respecting assistance

50 The Minister, in his or her discretion, may

(a) refuse to grant an application for assistance by a parent if the parent is not eligible for assistance or does not meet a requirement, term or condition applicable to the giving of assistance to that parent under this Act or the regulations;

(b) provide assistance at the times, in the manner, to the extent and of a nature considered by the Minister to be appropriate for each parent;

(c) if in the opinion of the Minister it is appropriate to do so in the circumstances, discontinue, suspend or vary any or all assistance to a parent if

(i) in the opinion of the Minister, the parent or his or her child has not met or does not meet all of the requirements, terms and conditions applicable to the giving of assistance under this Act and the regulations or ceases to be eligible to receive assistance or a particular amount of assistance, or

(ii) the parent is convicted of an offence under this Act or the regulations; and

(d) reinstate assistance that has been suspended under paragraph (c), in whole or in part, if in the opinion of the Minister it is appropriate to do so in the circumstances.

Repayment of assistance

51(1) The Minister is entitled to repayment from a parent of all or a portion of assistance to which the parent is not entitled.

51(2) The Minister is entitled to repayment from an operator of all or a portion of assistance that the Minister has paid to the operator under section 49 in the following circumstances:

(a) the parent on whose behalf the assistance was paid is not entitled to the assistance; or

(b) the operator is not entitled to receive payment of the assistance.

Recovery of repayment

52(1) If the Minister is entitled to repayment from a person under section 51, all or a portion of the value of the assistance may be recovered by the Minister

(a) from the person by deduction from subsequent payments to or for the benefit of that person under this Act, or

(b) from the person or, if the person has died, from the person’s personal representative,

(i) as a debt due to Her Majesty in right of the Province, in the manner set out in section 53, or

(ii) in the manner set out in a restitution agreement entered into between the person or personal representative and the Minister under subsection (3).

52(2) For the purposes of paragraph (1)(b), the Minister, as creditor, may obtain letters of administration of the estate of the person and may file a claim against the estate of the person in probate court.

52(3) If the Minister is entitled to repayment from a person under section 51, the Minister may enter into a restitution agreement with that person for the recovery of all or a portion of the value of the assistance.

Certificate of indebtedness

53(1) If default has been made in payment of an amount to be recovered under section 52, the Minister may issue a certificate to that effect, stating the amount due and payable including interest, if any, and the name of the person from whom the amount is due and payable and that amount shall constitute a debt due to Her Majesty in right of the Province.

53(2) A certificate issued under subsection (1) may be filed in The Court of Queen’s Bench of New Brunswick and shall be entered and recorded in the court and, when it is entered and recorded, becomes a judgment of the court and may be enforced as a judgment obtained in the court by Her Majesty in right of the Province against the person named in the certificate for a debt of the amount specified in the certificate.

53(3) All reasonable costs and charges respecting the filing, entering and recording of a certificate under subsection (2) shall be recovered in the same manner as if the amount had been included in the certificate.

Appeal

54 A parent who has applied for or who is receiving assistance may appeal a decision of the Minister under this Part in accordance with the regulations.

PART 5

GENERAL

Confidentiality of information

55(1) Despite the Right to Information and Protection of Privacy Act, all information acquired by the Minister or another person in relation to any person or matter under this Act, whether of a documentary nature or otherwise, is confidential to the extent that its release would tend to reveal personal information about a person identifiable from the release of the information.

55(2) The Minister shall not permit the release of confidential information to any person without the consent of the person from whom the information was obtained and the person to whom the information relates.

55(3) Despite subsection (2), the Minister may permit the release of confidential information without the consent of the person from whom the information was obtained or the person to whom the information relates

(a) to another Minister of the Crown or his or her servant;

(b) to a person or persons appointed by the Minister

(i) to review the circumstances surrounding the death of a child under the age of majority who was in the care of the Minister under Part IV of the Family Services Act or who was known to the child protection system in the 12 months before the child’s death, and

(ii) to make recommendations to the Minister as a result of that review to enable the Minister to improve the manner in which the Minister exercises his or her powers, duties, authority or functions under the Family Services Act and the regulations under that Act in relation to children who are in the care of the Minister under Part IV of that Act or who are known to the child protection system;

(d) if the release is otherwise provided for under this Act or the Family Services Act.

55(4) A person to whom information is released under paragraph (3)(b) shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.

55(5) A person to whom information is released under paragraph (3)(c), other than a person referred to in paragraph (3)(a), shall not release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.

55(6) Except as otherwise provided in this Act or in accordance with section 30 of the Family Services Act, neither an operator nor a staff member of a facility shall release, or permit or cause to be released, confidential information without the consent of the person from whom the information was obtained and the person to whom the information relates.

Exemptions

56(1) On written request by an operator, the Minister may exempt the operator in writing from a requirement of this Act or the regulations if

(a) the Minister is of the opinion that there is an exceptional and extraordinary circumstance that warrants an exemption and that the exemption is in the public interest, or

(b) the exemption is permitted by the regulations.

56(2) In determining whether to grant an exemption under paragraph (1)(b), the Minister shall assess the operator’s request for an exemption against the criteria prescribed by regulation.

Delegation

57(1) The Minister may designate persons to exercise any power, authority or right or carry out any duty or responsibility under this Act.

57(2) Without limiting subsection (1), the Minister may delegate a power, authority, right, duty or responsibility conferred or imposed on the Minister under this Act or the regulations to a person or organization that is prescribed by regulation.

57(3) A delegation under subsection (2) shall be in writing and shall set out the following information:

(a) the manner in which the delegate shall exercise the delegated power, authority or right or carry out the delegated duty or responsibility; and

(b) any limitations, terms or conditions on the manner in which the delegate may exercise the delegated power, authority, right or carry out the delegated duty or responsibility.

57(4) A delegation under subsection (2) may authorize the delegate to subdelegate the power, authority, right, duty or responsibility to an employee of the delegate and to impose on the subdelegate the limitations, terms or conditions that the delegate considers appropriate, in addition to those set out in the Minister’s delegation.

57(5) A delegate or subdelegate shall exercise a delegated power, authority or right or carry out a delegated duty or responsibility in accordance with the limitations, terms or conditions imposed in the Minister’s delegation.

57(6) A subdelegate shall exercise a delegated power, authority or right or carry out a delegated duty or responsibility in accordance with the limitations, terms or conditions imposed on the subdelegate by the delegate.

Certificate as evidence

58(1) The Minister may issue a signed certificate that contains information respecting any of the following matters:

(a) that a person did or did not hold a licence, a probationary licence or an interim permit;

(b) that a person refused to permit an inspector to conduct an inspection or investigation under this Act or obstructed or interfered with an inspection or investigation;

(d) the filing or maintaining, or non-filing or non-maintenance, of a document or a record required to be filed or maintained under this Act or the regulations;

(e) any matter pertaining to anything set out in paragraphs (a) to (d); and

(f) the date the facts on which a proceeding is to be based first came to the knowledge of the Minister.

58(2) Without proof of the appointment, authority or signature of the Minister, a certificate is admissible in evidence in a prosecution or other proceeding under this Act as proof, in the absence of evidence to the contrary, of the facts stated in the certificate.

58(3) When the name of the person referred to in a certificate is that of an accused, the statement, in the absence of evidence to the contrary, is proof that the person named in the certificate is the accused.

Report or document as evidence

59 A report or other document signed by the Minister or the Minister’s delegate is admissible in evidence in a prosecution or other proceeding under this Act as proof, in the absence of evidence to the contrary, of the facts stated in the report or document without proof of the appointment, authority or signature of the Minister or the delegate.

Offences and penalties

60(1) A person commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence who

(a) knowingly furnishes false information in an application under this Act or in a record or a document required to be filed or maintained under this Act or the regulations,

(b) violates or fails to comply with an order made under this Act or the regulations,

(d) violates or fails to comply with a provision of the regulations that is prescribed as an offence by regulation.

60(2) A person who violates or fails to comply with section 3, subsection 4(1), section 16 or subsection 26(1), 38(1) or 55(4), (5) or (6) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

60(3) When an offence under this Act continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

Order of court on conviction

61(1) When an operator is convicted of an offence under this Act, on the request of the Minister and in addition to any other penalty, the court may make an order directing the operator to do any of the following:

(a) allow an inspection or investigation;

(b) close a facility; or

61(2) The court may make an order under this section subject to the terms and conditions set out in the order.

Administration

62 The Minister is responsible for the administration of this Act.

Regulations

63 The Lieutenant-Governor in Council may make regulations

(a) prescribing associated persons for the purposes of the definition “associated person” in section 1;

(b) establishing different classes of facilities;

(d) prescribing requirements with respect to the establishment and operation of licensed facilities, including requirements with respect to the following matters:

(i) administrative procedures and processes, including record keeping and the confidentiality of information;

(ii) insurance requirements;

(iii) site requirements;

(iv) play area requirements, including, size, location, equipment and furnishings;

(v) parental involvement;

(vi) health, fire and safety requirements, including emergency and evacuation procedures;

(vii) programming;

(viii) staffing and child-to-staff ratios; and

(ix) child guidance and behaviour management;

(e) imposing different requirements on facilities based on the class of the facilities;

(f) respecting the procedure to be followed when an operator proposes to change a facility’s class or the services provided at the facility;

(g) prescribing the documents that accompany an application under this Act;

(h) respecting terms and conditions that may be imposed by the Minister on a licence, a probationary licence or an interim permit;

(i) prescribing offences for the purpose of paragraph 10(2)(e);

(j) prescribing requirements with respect to the transportation of children by or on the behalf of the operators of licensed facilities, including requirements with respect to vehicle equipment and maintenance, driver training and qualifications and motor vehicle insurance;

(k) prescribing provisions of other Acts for the purpose of paragraph 13(1)(d);

(l) prescribing, for the purposes of subsection 15(2), the period of time that a person is barred from applying for a licence;

(m) prescribing requirements to be met by an operator who uses both curriculum frameworks provided by the Minister to provide services at a single facility;

(n) prescribing training for the purposes of subsection 18(4) and the time period within which it must be completed;

(o) prescribing requirements for the purposes of subsection 18(7), including training requirements;

(p) prescribing the requirements that alternative curricula or curriculum frameworks must meet in order for the Minister to exempt an operator from the requirements of subsection 18(1);

(q) respecting additional training requirements that may be imposed on the operator, administrator and other staff members of a facility operated by an operator that is exempt from the requirements of subsection 18(1);

(r) respecting qualifications and training requirements of operators, administrators and other staff members;

(s) imposing requirements on the operators of licensed facilities with respect to food preparation and service, nutrition, the immunization of children, lighting, ventilation and other general health standards;

(t) prescribing the maximum number of children to whom services may be provided at a facility based on prescribed criteria, including the class of the facility, the size of the premises and the ages of the children;

(u) respecting the duties and responsibilities of operators, administrators and other staff members;

(v) prescribing the records and documents that shall be maintained by a facility, including financial records and accounts, and the manner and form in which they are to be prepared and maintained;

(w) giving additional powers or duties to inspectors;

(x) prescribing Acts for the purposes of paragraph 30(2)(b);

(y) respecting requirements to be met to receive an interim permit;

(z) respecting the provision of grants under section 41, including

(i) respecting the manner of applying for a grant,

(ii) prescribing eligibility criteria to receive a grant, including establishing classes of operators who are not eligible to receive grants,

(iii) providing for the manner of determining the amount of a grant,

(iv) prescribing the circumstances under which the Minister may or may not provide, vary or rescind a grant,

(v) providing for terms and conditions that may be attached to a grant, and

(vi) prescribing financial and other records that shall be maintained by the recipient of a grant;

(aa) respecting the provision of financial assistance under section 46, including

(i) respecting the manner of applying for financial assistance,

(ii) prescribing eligibility criteria to receive financial assistance, including establishing classes of persons who are not eligible to receive financial assistance,

(iii) providing for the manner of determining the amount of financial assistance,

(iv) establishing different classes and levels of financial assistance,

(v) prescribing the circumstances under which the Minister may or may not provide, vary or rescind financial assistance,

(vi) providing for terms and conditions that may be attached to financial assistance, and

(vii) prescribing financial and other records that shall be maintained by an operator who is paid financial assistance on behalf of a recipient;

(bb) respecting appeals under section 54, including

(i) providing for the establishment, composition and administration of a body to hear appeals,

(ii) providing for the remuneration and compensation of the members of the body established to hear appeals,

(iii) respecting procedures to be followed by, the conduct of hearings by and the rendering of decisions by the body established to hear appeals,

(iv) respecting the grounds for appealing a decision,

(v) respecting the form, manner and procedures with respect to an appeal, and

(vi) prescribing fees with respect to an appeal;

(cc) respecting circumstances in which the Minister may grant an exemption under paragraph 56(1)(b);

(dd) prescribing criteria to be met in order for the Minister to grant an exemption under paragraph 56(1)(b);

(ee) prescribing persons or organizations to whom the Minister may delegate a power, authority, right, duty or responsibility, including persons or organizations that are external to government;

(ff) prescribing provisions of the regulations that the violation of which or the failure to comply with constitute an offence;

(gg) with respect to offences under the regulations, prescribing the categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

(hh) prescribing fees for the purposes of this Act and the regulations;

(ii) prescribing forms for the purposes of this Act and the regulations;

(jj) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;

(kk) prescribing anything required to be prescribed by this Act;

(ll) respecting any other matter that may be necessary for the proper administration of this Act.

PART 6

MISCELLANEOUS

Transitional Provisions

Transitional

64(1) On the commencement of this section, an approval issued under section 26 of the Family Services Act for a day care center or a community day care home that is in force immediately before the commencement of this section shall be deemed to be a licence issued under this Act and shall continue in force until

(a) the term of the approval expires,

(b) the Minister suspends the approval under section 29, or

64(2) On the commencement of this section, assistance which the Minister has granted to a person for day care services in accordance with section 18 of New Brunswick Regulation 95-61 under the Family Income Security Act shall be deemed to be assistance provided by the Minister under section 41 of this Act.

64(3) An appeal with respect to assistance referred to in subsection (2) that is before a Family Income Security Appeal Board under the Family Income Security Act on the commencement of this section shall be concluded under the Family Income Security Act as if this Act had not come into force.

Consequential Amendments

Family Income Security Act

65(1) Paragraph 4(2)(a) of New Brunswick Regulation 95-61 under the Family Income Security Act is repealed and the following is substituted:

(a) determine the eligibility of all persons in the unit to which the application relates by considering assets and income, using the budget deficit method, and

65(2) The heading “DAY CARE ASSISTANCE” preceding section 18 of the Regulation is repealed.

65(3) Section 18 of the Regulation is repealed.

65(4) Paragraph 33(2)(c) of the English version of the Regulation is repealed and the following is substituted:

Family Services Act

66(1) Section 1 of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended in the definition “community social services” or “social services” by repealing paragraph (j).

66(2) Section 23 of the Act is amended in the definition “community placement resource” by striking out “, a home in which family day care services are provided, a day care center,”

66(3) Subsection 30(10) of the Act is amended by striking out “any day care center” and substituting “any early learning and childcare facility”.

67 Paragraph 19(2)(c) of New Brunswick Regulation 81-132 under the Family Services Act is repealed and the following is substituted:

Public Health Act

68 Section 29 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended by striking out “the operator of a day care centre who believes, on reasonable and probable grounds, that a pupil in the school or a child in the day care centre” and substituting “the operator of an early learning and childcare facility who believes, on reasonable and probable grounds, that a pupil in the school or a child in the facility”.

69(1) Section 2 of New Brunswick Regulation 2009-136 under the Public Health Act is amended

(a) by repealing the definition “day care center”;

(b) by adding the following definition in alphabetical order:

“early learning and childcare facility” means an early learning and childcare facility that is licensed by the Minister of Social Development under the Early Learning and Childcare Act. (établissement de garderie éducative)

69(2) The heading “Report by principal of school or operator of a day care center” preceding section 11 of the Regulation is amended by striking out “a day care center” and substituting “an early learning and childcare facility”.

69(3) Section 11 of the Regulation is amended by striking out “a day care center believes, on reasonable and probable grounds, that a pupil in the school or child in the day care center” and substituting “an early learning and childcare facility believes, on reasonable and probable grounds, that a pupil in the school or child in the facility”.

69(4) Subsection 12(2) of the Regulation is amended by striking out the portion preceding paragraph (a) and substituting the following:

12(2) The operator of an early learning and childcare facility shall ensure that proof of immunization for the following diseases is provided to him or her for each child who attends that facility:

70 Subsection 7(3) of New Brunswick Regulation 2009-138 under the Public Health Act is amended by striking out “a day care center or community placement residential facility” and substituting “an early learning and childcare facility licensed by the Minister of Social Development under the Early Learning and Childcare Act or a community placement residential facility”.

Repeal

New Brunswick Regulation 83-85 under the Family Services Act

71 New Brunswick Regulation 83-85 under the Family Services Act is repealed.

Commencement

72 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.