Bill 46 - An Act to Amend the Early Learning and Childcare Act

BILL 46

An Act to Amend the Early Learning and Childcare Act

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

1(1) The title of the Early Learning and Childcare Act, chapter E-0.5 of the Acts of New Brunswick, 2010, is repealed and the following is substituted:

Early Childhood Services Act

1(2) If in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Early Learning and Childcare Act, it shall be read, unless the context otherwise requires, as a reference to the Early Childhood Services Act.

2 The preamble of the Act is repealed and the following is substituted:

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

WHEREAS the Government of New Brunswick recognizes that high-quality early childhood services serve 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;

3 Section 1 of the Act is amended by adding the following definitions in alphabetical order:

“agency” means an agency that has entered into a contract with the Minister to provide programs. (agence)

“programs” means early childhood programs related to the development of a child that are provided by a person other than the child’s parent or guardian but exclude services provided by an operator. (programmes)

“resources” includes financial support, personnel, equipment and facilities. (ressources)

4 Section 2 of the Act is repealed and the following is substituted:

Application

2 This Act does not apply to educational programs and educational services provided by the Minister under the Education Act.

5 The Act is amended by adding after section 2 the following:

PART 1.1

EARLY CHILDHOOD PROGRAMS

Powers of the Minister

2.1 With respect to programs, the Minister may

(a) establish programs,

(b) provide programs,

(d) enter into contracts to provide resources for the provision of programs, and

(e) provide for research to be undertaken to determine the needs for programs within the Province.

Investigations

2.2(1) If the Minister has reason to believe that a program provided by an agency may be of inadequate quality or may be dangerous, destructive or damaging to a recipient of the program, the Minister may conduct such investigation of the agency as he or she considers necessary.

2.2(2) During an investigation, the Minister may

(a) at any reasonable hour enter any premises from which an agency provides the program or keeps its records relating to the program,

(b) examine any record or document of the agency, and

2.2(3) No person shall obstruct or interfere with the Minister who is carrying out or attempting to carry out an investigation under this section.

2.2(4) After an investigation has been conducted, the Minister may order the agency in writing to do any of the following:

(a) take corrective action recommended by the Minister;

(b) suspend the provision of the program until the corrective action is complied with; or

2.2(5) The Minister shall serve an order under subsection (4) by personal service on the owner or person in charge of the agency.

2.2(6) The Minister may, without notice and without compensation to the agency, terminate any contract entered into with an agency and may cancel resources provided or undertaken to be provided if an owner or person in charge of an agency

(a) commits an offence under subsection (3),

(b) fails or refuses to comply with an order issued under paragraph (4)(a) or (b), or

2.2(7) If the Minister terminates a contract under subsection (6), the Minister is entitled to compensation from the agency in an amount equal to the value of any resources provided to the agency under paragraph 2.1(d) during the year before the committal of an offence under subsection (3) or the issuing of an order under subsection (4).

2.2(8) If default has been made in payment of the amount referred to in subsection (7), 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.

2.2(9) A certificate issued under subsection (8) may be filed in The Court of Queen’s Bench of New Brunswick and when filed, 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.

2.2(10) All reasonable costs and charges respecting the filing, entering and recording of a certificate under subsection (9) shall be recovered in the same manner as if the amount had been included in the certificate.

Policies and guidelines

2.3(1) The Minister may establish provincial policies and guidelines related to programs.

2.3(2) A policy or guideline made under subsection (1) shall be published by the Minister as soon as practicable on the Department of Education and Early Childhood Development website.

2.3(3) The Regulations Act does not apply to provincial policies and guidelines established under subsection (1).

6 The Act is amended by adding before section 3 the following:

Excluded services

2.4 Services provided by an operator exclude the following:

(a) services that 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 that are provided on a seasonal basis or for not more than ten weeks in a calendar year; and

7 Section 18 of the Act is amended

(a) in subsection (1) by striking out “in its or their entirety, one or both” and substituting “in its entirety, one”;

(b) in subsection (2) by striking out “only by the Minister” and substituting “only by the Minister in consultation with stakeholders”;

(d) in subsection (4) by striking out “in a curriculum” and substituting “in the curriculum”.

8 The Act is amended by adding before section 41 the following:

Non-application of Part

40.1 This Part does not apply to a program.

9 Paragraph 41(1)(d) of the Act is amended by striking out “programs” and substituting “initiatives”.

10 Subsection 53(2) of the Act is amended by striking out “and shall be entered and recorded in the court and, when it is entered and recorded” and substituting “and when filed”.

11 Section 55 of the Act is amended

(a) in subsection (1) of the French version by striking out “Malgré” and substituting “Par dérogation à”;

(b) in subsection (6) by striking out “neither an operator nor a staff member of a facility shall release” and substituting “an operator, an owner of an agency, a person in charge of an agency, a staff member of a facility and an employee of an agency shall not release”.

12 Subsection 57(2) of the Act is amended by striking out “to a person or organization that is prescribed by regulation” and substituting “to a person or organization that is prescribed by regulation or to an agency”.

13 Subsection 58(1) of the Act is amended by adding after paragraph (b) the following:

(b.1) that a person refused to permit the Minister to conduct an investigation under this Act or obstructed or interfered with an investigation;

14 Subsection 60(2) of the Act is amended by striking out “fails to comply with” and substituting “fails to comply with subsection 2.2(3),”.

15 Section 63 of the Act is amended

(a) by adding after paragraph (a) the following:

(a.1) establishing eligibility criteria for programs concerning children with autism spectrum disorder;

(b) by repealing paragraph (m).

16 Subsection 66(1) of the Act is repealed and the following is substituted:

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”

(a) by repealing paragraph (j); and

(b) by repealing paragraph (u).

17 Section 68 of the Act is repealed and the following is substituted:

Public Health Act

68(1) The heading “Community placement resources” preceding section 25 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is repealed and the following is substituted:

Community placement resources and early learning and childcare facilities

68(2) Subsection 25(2) of the Act is repealed and the following is substituted:

25(2) A person who operates a community placement resource or an early learning and childcare facility shall comply with the lighting, sanitation, ventilation and other general health standards prescribed by regulation.

68(3) Section 29 of the Act 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”.

68(4) Paragraph 68(aa) of the Act is amended by striking out “community placement resources” and substituting “community placement resources and early learning and childcare facilities”.

18 Paragraph 69(1)(b) of the Act is repealed and the following is substituted:

(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 Education and Early Childhood Development under the Early Childhood Services Act. (établissement de garderie éducative)

19 Section 70 of the Act is repealed and the following is substituted:

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 Education and Early Childhood Development under the Early Childhood Services Act or a community placement residential facility”.

20 The Act is amended by adding after section 71 the following:

New Brunswick Regulation 2005-19 under the Family Services Act

71.1 New Brunswick Regulation 2005-19 under the Family Services Act is repealed.