BILL 7

An Act Respecting the Early Childhood Services Act

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

Early Childhood Services Act

1( 1) The second provision of the preamble of the English version of the Early Childhood Services Act, chapter E-0.5 of the Acts of New Brunswick, 2010, is amended by striking out “childcare” and substituting “child care”.

1( 2) Section 1 of the Act is amended

(a)  in the English version by repealing the following definitions:

“early learning and childcare home”;

“full-time early learning and childcare centre”;

“part-time early learning and childcare centre”;

(b)  by repealing the definition “facility” and substituting the following:

“facility” means a distinct operational entity through which an operator provides services at a premises. (établissement)

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

“premises” means a house or building and its land and outbuildings at which one or more facilities are operated. (lieu)

(d)  in the English version by adding the following definitions in alphabetical order:

“early learning and child care home” means an early learning and child care home as defined in the regulations. (garderie éducative en milieu familial)

“full-time early learning and child care centre” means a full-time early learning and child care centre as defined in the regulations. (garderie éducative à temps plein)

“part-time early learning and child care centre” means a part-time early learning and child care centre as defined in the regulations. (garderie éducative à temps partiel)

1( 3) The heading “On-line registry” preceding section 2.02 of the Act is repealed and the following is substituted:

Portal

1( 4) Section 2.02 of the Act is amended

(a)  in subsection (1) by striking out “an on-line registry” and substituting “a portal”;

(b)  in subsection (2) by striking out “on-line registry” and substituting “portal”;

(c)  in subsection (2.1) by striking out “on-line registry” and substituting “portal”;

(d)  in subsection (3) by striking out “an on-line registry” and substituting “a portal”;

(e)  in subsection (4) by striking out “on-line registry” and substituting “portal”;

(f)  in subsection (5) in the portion preceding paragraph (a) by striking out “on-line registry” and substituting “portal”;

(g)  in subsection (6) by striking out “on-line registry” and substituting “portal”;

(h)  in subsection (8) in the portion preceding paragraph (a) by striking out “on-line registry” and substituting “portal”.

1( 5) The Act is amended by adding after section 2.02 the following:

Pilot projects

2.03 The Minister may approve pilot projects for services provided by operators.

1( 6) Paragraph 2.2(2)(a) of the English version of the Act is amended by striking out “any premises” and substituting “any location”.

1( 7) The heading “EARLY LEARNING AND CHILDCARE FACILITIES” preceding section 2.4 of the English version of the Act is amended by striking out “CHILDCARE” and substituting “CHILD CARE”.

1( 8) Paragraph 2.4(b) of the Act is amended by striking out “ten” and substituting “13”.

1( 9) The heading “Licensing of early learning and childcare facilities” preceding section 4 of the English version of the Act is amended by striking out “childcare” and substituting “child care”.

1( 10) Subsection 4(2) of the English version of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

4( 2) A licence is not required for a person who provides services to one of the following groups of children:

1( 11) Section 6 of the Act is amended

(a)  in paragraph (1)(b) of the English version by striking out “comply” and substituting “complies”;

(b)  in subsection (3) by striking out “one year” and substituting “no more than three years”.

1( 12) Paragraph 12(1)(b) of the English version of the Act is amended by striking out “comply” and substituting “complies”.

1( 13) The heading “Designation of early learning and childcare facilities” preceding section 15.1 of the English version of the Act is amended by striking out “childcare” and substituting “child care”.

1( 14) Subsection 15.3(1) of the English version of the Act is amended

(a)  in paragraph (a) by striking out “childcare” wherever it appears and substituting “child care”;

(b)  in paragraph (b) by striking out “childcare” and substituting “child care”.

1( 15) Subsection 15.4(1) of the Act is amended by striking out “the facility” and substituting “the licensed facility”.

1( 16) The heading “Designation on or before October 31, 2022” preceding section 15.6 of the Act is repealed.

1( 17) Section 15.6 of the Act is repealed.

1( 18) The heading “Requirements of early learning and childcare facilities” preceding section 16 of the English version of the Act is amended by striking out “childcare” and substituting “child care”.

1( 19) Section 17 of the Act is amended by striking out “the facility” and substituting “the licensed facility”.

1( 20) Subsection 18.1(3) of the Act is amended

(a)  in paragraph (a) of the English version by striking out “the facility” and substituting “the licensed facility”;

(b)  in paragraph (b) by striking out “a facility” and substituting “a licensed facility”.

1( 21) Subsection 19.1(2) of the Act is amended by striking out “the facility” and substituting “the licensed facility”.

1( 22) Section 21 of the Act is amended in the portion preceding paragraph (a) by striking out “the facility associated with the licence” and substituting “the licensed facility”.

1( 23) Section 22 of the Act is amended

(a)  in subsection (1) by striking out “the facility” and substituting “the licensed facility”;

(b)  in paragraph (4)(b) by striking out “the facility” and substituting “the licensed facility”.

1( 24) Subsection 28.2(1) of the English version of the Act is amended by striking out “that facility” wherever it appears and substituting “the licensed facility”.

1( 25) Subsection 28.3(3) of the Act is amended by striking out “the facility” and substituting “the licensed facility”.

1( 26) Paragraph 29(1)(a) of the Act is amended by striking out “the facility” and substituting “the licensed facility”.

1( 27) The heading “Unlicensed early learning and childcare facilities” preceding section 37 of the English version of the Act is amended by striking out “childcare” and substituting “child care”.

1( 28) The heading “CHILDCARE GRANTS” preceding section 40.01 of the English version of the Act is amended by striking out “CHILDCARE” and substituting “CHILD CARE”.

1( 29) Section 40.011 of the Act is amended

(a)  in subsection (1)

( i) in paragraph (a) by striking out “the facility” and substituting “the licensed facility”;

( ii) in paragraph (c) by striking out “the facility” and substituting “the licensed facility”;

(b)  in subsection (3) by striking out “a facility” and substituting “a licensed facility”.

1( 30) The heading “CHILDCARE SUBSIDIES” preceding section 45 of the English version of the Act is amended by striking out “CHILDCARE” and substituting “CHILD CARE”.

1( 31) Section 55 of the Act is amended

(a)  in paragraph (2.1)(a.1) by striking out “on-line registry” and substituting “portal”;

(b)  in subsection (6) by striking out “of a facility”.

1( 32) Subsection 63(1) of the Act is amended

(a)  subparagraph (f.2)(iii) by striking out “market fee threshold of the maximum daily cost of services” and substituting “maximum daily rate for services”;

(b)  in paragraph (f.4) by striking out “market fee threshold of the maximum daily cost of” and substituting “maximum daily rate for”;

(c)  in paragraph (t) of the English version by striking out “the premises” and substituting “the premises of the facility”.

Regulations under the Early Childhood Services Act

2( 1) New Brunswick Regulation 2018-11 under the Early Childhood Services Act is amended

(a)  in section 2 of the English version

( i) by repealing the following definitions:

“early learning and childcare home”;

“full-time early learning and childcare centre”;

“part-time early learning and childcare centre”;

( ii) in the definition “educator” by striking out “childcare” and substituting “child care”;

( iii) by adding the following definitions in alphabetical order:

“early learning and child care home” means a licensed facility at which services are provided in a home setting for more than four consecutive hours per day and three or more days per week to a group of children under subsection 7(4). (garderie éducative en milieu familial)

“full-time early learning and child care centre” means a licensed facility at which services are provided for more than four consecutive hours per day and three or more days per week to a group of children under subsection 7(2). (garderie éducative à temps plein)

“part-time early learning and child care centre” means a licensed facility at which services are provided to one of the following groups: (garderie éducative à temps partiel)

(a)  a group of children under paragraph 7(3)(a) for four consecutive hours per day or fewer or for fewer than three days per week; or

(b)  a group of children under paragraph 7(3)(b).

(b)  in section 4 of the English version

( i) in subsection (1)

( A) in paragraph (g) in the portion preceding subparagraph (i) by striking out “childcare” and substituting “child care”;

( B) in paragraph (h)

( I) in the portion preceding subparagraph (i) by striking out “childcare” and substituting “child care”;

( II) in subparagraph (i) by striking out “premises” and substituting “premises of the facility”;

( ii) in subsection (2)

( A) in paragraph (a) by striking out “childcare” and substituting “child care”;

( B) in paragraph (b) by striking out “childcare” and substituting “child care”;

(c)  in section 5 of the English version in the portion preceding paragraph (a) by striking out “childcare” and substituting “child care”;

(d)  in subsection 6(2) of the English version

( i) in paragraph (b) in the portion preceding subparagraph (i) by striking out “childcare” and substituting “child care”;

( ii) in paragraph (c) by striking out “childcare” and substituting “child care”;

(e)  in section 6.1 of the English version by striking out “childcare” wherever it appears and substituting “child care”;

(f)  in section 7 of the English version

( i) in subsection (1)

( A) in paragraph (a) by striking out “childcare” and substituting “child care”;

( B) in paragraph (b) by striking out “childcare” and substituting “child care”;

( C) in paragraph (c) by striking out “childcare” and substituting “child care”;

( ii) in subsection (2) in the portion preceding paragraph (a) by striking out “childcare” and substituting “child care”;

( iii) in subsection (3) in the portion preceding paragraph (a) by striking out “childcare” and substituting “child care”;

( iv) in subsection (4) in the portion preceding paragraph (a) by striking out “childcare” and substituting “child care”;

(g)  in section 8 of the English version

( i) in subsection (2) by striking out “childcare” and substituting “child care”;

( ii) in subsection (3) by striking out “childcare” and substituting “child care”;

(h)  in section 9 of the English version

( i) in subsection (1) in the portion preceding paragraph (a) by striking out “childcare” and substituting “child care”;

( ii) in subsection (5) by striking out “childcare” and substituting “child care”;

( iii) in subsection (6) by striking out “childcare” and substituting “child care”;

(i)  in section 10 of the English version

( i) in subsection (1) in the portion preceding paragraph (a) by striking out “childcare” and substituting “child care”;

( ii) in subsection (6) by striking out “childcare” and substituting “child care”;

( iii) in subsection (7) by striking out “childcare” and substituting “child care”;

(j)  in paragraph 11(c) of the English version in the portion preceding subparagraph (i) by striking out “childcare” and substituting “child care”;

(k)  in paragraph 12(0.1)(b)

( i) in subparagraph (i) by striking out “facility” wherever it appears and substituting “licensed facility”;

( ii) in subparagraph (ii) by striking out “facility” wherever it appears and substituting “licensed facility”;

( iii) in subparagraph (iii) by striking out “facility” wherever it appears and substituting “licensed facility”;

(l)  in section 16 of the English version

( i) in subsection (1) by striking out “childcare” and substituting “child care”;

( ii) in subsection (2) by striking out “childcare” and substituting “child care”;

(m)  in subsection 17(2) of the English version

( i) in paragraph (a) by striking out “childcare” and substituting “child care”;

( ii) in paragraph (c) by striking out “childcare” and substituting “child care”;

(n)  in section 18 of the English version

( i) in subsection (1) by striking out “childcare” wherever it appears and substituting “child care”;

( ii) in subsection (2) by striking out “childcare” and substituting “child care”;

(o)  in section 25 of the English version in the portion preceding paragraph (a) by striking out “on the premises” and substituting “on the premises where the facility is operated”;

(p)  in paragraph 26(1)(q) of the English version by striking out “childcare” and substituting “child care”;

(q)  in subsection 28(1) by striking out “building or facility or any part of them” and substituting “premises of the facility”;

(r)  in section 30 of the English version

( i) in subsection (1) by striking out “childcare” and substituting “child care”;

( ii) in subsection (2) by striking out “childcare” and substituting “child care”;

( iii) in subsection (4) by striking out “childcare” and substituting “child care”;

( iv) in subsection (5) by striking out “childcare” and substituting “child care”;

( v) in subsection (6) by striking out “childcare” wherever it appears and substituting “child care”;

( vi) in subsection (7) by striking out “childcare” and substituting “child care”;

( vii) in subsection (8) by striking out “childcare” and substituting “child care”;

(s)  in section 31 of the English version

( i) in subsection (2) by striking out “childcare” and substituting “child care”;

( ii) in subsection (5.1) by striking out “childcare” and substituting “child care”;

( iii) in subsection (6) by striking out “childcare” and substituting “child care”;

( iv) in subsection (7) by striking out “childcare” and substituting “child care”;

( v) in subsection (8) in the portion preceding paragraph (a) by striking out “childcare” and substituting “child care”;

(t)  in section 36 of the English version

( i) in subsection (1) by striking out “childcare” wherever it appears and substituting “child care”;

( ii) in subsection (2) by striking out “childcare” and substituting “child care”;

( iii) in subsection (3) in the portion preceding paragraph (a) by striking out “childcare” wherever it appears and substituting “child care”;

( iv) in subsection (4) by striking out “childcare” wherever it appears and substituting “child care”;

( v) in subsection (5) in the portion preceding paragraph (a) by striking out “childcare” and substituting “child care”;

(u)  in paragraph 51(1)(b) by striking out “facility” and substituting “licensed facility”.

2( 2) New Brunswick Regulation 2018-12 under the Early Childhood Services Act is amended

(a)  in section 1 of the English version by striking out “Childcare” and substituting “Child Care”;

(b)  in section 2

( i) in the English version by repealing the following definitions:

“early learning and childcare home”;

“full-time early learning and childcare centre”;

“part-time early learning and childcare centre”;

( ii) in the English version by adding the following definitions in alphabetical order:

“early learning and child care home” means an early learning and child care home as defined in New Brunswick Regulation 2018-11 under the Act. (garderie éducative en milieu familial)

“full-time early learning and child care centre” means a full-time early learning and child care centre as defined in New Brunswick Regulation 2018-11 under the Act. (garderie éducative à temps plein)

“part-time early learning and child care centre” means a part-time early learning and child care centre as defined in New Brunswick Regulation 2018-11 under the Act. (garderie éducative à temps partiel)

(c)  by repealing the heading “Market fee threshold” preceding section 2.1 and substituting the following:

Maximum daily rate

(d)  in section 2.1

( i) in subsection (1) by striking out “market fee threshold of the maximum daily cost of” and “market fee threshold” and substituting “maximum daily rate for” and “maximum daily rate”, respectively;

( ii) in subsection (2) by striking out “market fee threshold” wherever it appears and substituting “maximum daily rate”;

( iii) in subsection (3) by striking out “market fee threshold” and substituting “maximum daily rate”;

( iv) in subsection (4) by striking out “market fee threshold” and substituting “maximum daily rate”;

( v) in subsection (5) by striking out “market fee threshold” and substituting “maximum daily rate”;

(e)  in section 2.3

( i) in subsection (2)

( A) in paragraph (a) by striking out “facility” and substituting “designated facility”;

( B) in paragraph b) of the French version by striking out “l’établissement” and substituting “cet établissement”;

( ii) in subsection (4) by striking out “the facility” and substituting “the designated facility”;

( iii) in paragraph (6)b) of the French version by striking out “l’établissement” and substituting “l’établissement désigné”;

(f)  in section 2.4 of the English version

( i) in subsection (1)

( A) in paragraph (a) by striking out “childcare” wherever it appears and substituting “child care”;

( B) in paragraph (b) by striking out “childcare” and substituting “child care”;

( ii) in subsection (3)

( A) in paragraph (a) by striking out “childcare” wherever it appears and substituting “child care”;

( B) in paragraph (b) by striking out “childcare” and substituting “child care”;

( iii) in subsection (4) by striking out “childcare” and substituting “child care”;

( iv) in subparagraph (7)(a)(iii) by striking out “childcare” wherever it appears and substituting “child care”.

2( 3) New Brunswick Regulation 2021-42 under the Early Childhood Services Act is amended

(a)  in section 1 by striking out “On-line Registry” and substituting “Portal”;

(b)  in section 2 of the English version in the definition “educator” by striking out “childcare” wherever it appears and substituting “child care”;

(c)  in the heading “Establishment of an on-line registry” preceding section 3 by striking out “an on-line registry” and substituting “a portal”;

(d)  in section 3 by striking out “An on-line registry” and substituting “A portal”;

(e)  in subsection 4(1)

( i) in the portion preceding paragraph (a) by striking out “on-line registry” and substituting “portal”;

( ii) in paragraph (a) by striking out “facility” and substituting “licensed facility”;

( iii) in paragraph (e) by striking out “facility” and substituting “licensed facility”;

( iv) in paragraph (h) by striking out “facility” and substituting “licensed facility”;

(f)  in section 4.1

( i) in the portion preceding paragraph (a) by striking out “on-line registry” and substituting “portal”;

( ii) in paragraph (h) by striking out “facility” and substituting “licensed facility”;

(g)  in subsection 4.2(1)

( i) in the portion preceding paragraph (a) by striking out “on-line registry” and substituting “portal”;

( ii) in paragraph (e) by striking out “facility” and substituting “licensed facility”;

(h)  in section 5 by striking out “on-line registry” and substituting “portal”;

(i)  in section 6

( i) in the portion preceding paragraph (a) by striking out “on-line registry with respect to the child on the enrolment of the child at the facility” and substituting “portal with respect to the child on the enrolment of the child at the licensed facility”;

( ii) in paragraph (p) by striking out “facility” and substituting “licensed facility”.

Child and Youth Well-Being Act

3 Section 33 of the Child and Youth Well-Being Act, chapter 35 of the Acts of New Brunswick, 2022, is amended in paragraph (d) of the definition “person required to report” by striking out “childcare” wherever it appears and substituting “child care”.

Regulation under the Child and Youth Well-Being Act

4 Paragraph 10(3)(c) of the English version of New Brunswick Regulation 2024-5 under the Child and Youth Well-Being Act is amended by striking out “childcare” and substituting “child care”.

Regulation under the Employment Standards Act

5 Paragraph 3(e) of the English version of New Brunswick Regulation 2020-29 under the Employment Standards Act is amended by striking out “childcare” and substituting “child care”.

Regulation under the Local Governance Act

6 The English version of New Brunswick Regulation 2018-72 under the Local Governance Act is amended

(a)  in section 2

( i) by repealing the definition “early learning and childcare home”;

( ii) in the definition “residential property” by striking out “childcare” and substituting “child care”;

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

“early learning and child care home” means an early learning and child care home as defined in the Licensing Regulation – Early Childhood Services Act. (garderie éducative en milieu familial)

(b)  in subsection 5(4) by striking out “childcare” and substituting “child care”.

Regulation under the Occupational Health and Safety Act

7 Subparagraph 374.2(4)(b)(ii) of the English version of New Brunswick Regulation 91-191 under the Occupational Health and Safety Act is amended by striking out “childcare” and substituting “child care”.

Regulation under the Personal Health Information Privacy and Access Act

8 Paragraph 17.1(2)(a) of New Brunswick Regulation 2010-112 under the Personal Health Information Privacy and Access Act is amended by striking out “on-line registry” and substituting “portal”.

Public Health Act

9( 1) The heading “Community placement resources, child and youth care resources and early learning and childcare facilities” preceding section 25 of the English version of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended by striking out “childcare” and substituting “child care”.

9( 2) Subsection 25(2) of the Act is amended by striking out “childcare” and substituting “child care”.

9( 3) Section 29 of the Act is amended by striking out “childcare” and substituting “child care”.

9( 4) Subsection 42.1(2) of the Act is amended by striking out “childcare” and substituting “child care”.

Regulations under the Public Health Act

10( 1) New Brunswick Regulation 2009-136 under the Public Health Act is amended

(a)  in section 2

( i) by repealing the definition “early learning and childcare facility”;

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

“early learning and child care facility” means an early learning and child care facility that is licensed by the Minister of Education and Early Childhood Development under the Early Childhood Services Act. (garderie éducative)

(b)  in the heading “Report by principal of school or operator of an early learning and childcare facility” preceding section 11 by striking out “childcare” and substituting “child care”.

10( 2) New Brunswick Regulation 2009-138 under the Public Health Act is amended in paragraph 7(3)(a) by striking out “childcare” and substituting “child care”.

Commencement

11 This Act comes into force on June 30, 2026.