| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | Licence Disclaimer |
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B.C. Reg. 319/89 |
Deposited October 13, 1989 |
| This archived regulation consolidation is current to December 1, 2003 and includes changes enacted and in force by that date. For the most current information, click here. |
Community Care Facility Act
[includes amendments up to B.C. Reg. 390/99]
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Contents |
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Schedule A — Repealed |
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Schedule B — Basic Early Childhood Education Programs |
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Schedule C — First Aid Courses |
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Schedule D — Program Standards |
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Schedule E — Standards for Overnight Care |
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1 (1) In this regulation:
"Act" means the Community Care Facility Act;
"assistant" means a person who has the qualifications required by section 9;
"certificate" means a certificate issued under section 9 of the Act;
"educator" means a preschool supervisor and includes an early childhood educator, an infant and toddler educator and a special needs early childhood educator;
"group day care" means the provision, in a group setting, of care to children and of opportunities for their social, emotional, physical and intellectual growth;
"letter of permission" means a letter issued under section 11;
"licence" means a licence issued under section 4 (1) of the Act;
"licensee" includes a manager and a person who operates a facility under a permit;
"local assistant to the fire commissioner" has the same meaning as "local assistant" in the Fire Services Act;
"manager" means a person appointed in accordance with section 4 (1) (a) (ii) (B) of the Act and includes a person designated as manager in a notice posted under section 13;
"medical health officer" means a medical health officer appointed under the Health Act;
"parent", in respect of a child, means
(a) the guardian of the person of the child,
(b) the person legally entitled to custody of the child, or
(c) the person who usually has the care and control of the child;
"permit" means an interim permit issued under section 4 (2) of the Act;
"responsible adult" means a person who has the qualifications required by section 10;
"special needs children" means children who, because of physical, mental or emotional handicaps, require additional support and services;
"substitute parent" means a person designated, in writing, by the parent of a child as a substitute parent of the child.
(2) In Parts 1 and 2 "facility" means a facility as defined in section 37, 42, 47, 52, 57, 61, 71 or 76 or a residential care facility as defined in section 66.
[am. B.C. Regs. 387/92, s. 1; 461/98, s. 1.]
2 (1) An application for a licence to operate a facility under this regulation must be submitted in the form specified by the director.
(2) A licensee must notify the medical health officer within 30 days of any change in the information recorded on the form referred to in subsection (1).
(3) An application referred to in subsection (1) must be accompanied by
(a) a statement of the qualifications, relevant work experience and suitability of the person who is to be the manager of the facility,
(b) three references for and criminal record check authorization under the Criminal Records Review Act for
(i) the applicant, if the applicant is not a corporation, or
(ii) the manager, if the applicant is a corporation,
(c) a statement of the number of staff, excluding the manager, the applicant proposes to employ and their qualifications,
(d) a brief description of the program to be offered at the facility,
(e) a floor plan of the proposed facility drawn to scale and showing
(i) the inside dimensions of each room and the width of each corridor and stair,
(ii) the size and location of the fixed equipment in each room,
(iii) the location and size of windows and the height of windowsills from the floor, and
(iv) the location of accommodation reserved for family or staff,
(f) a site plan of the proposed facility drawn to scale and showing
(i) the boundaries of the property on which the facility is located,
(ii) the location of the facility, and
(iii) the location and dimensions of the play area,
(g) a statement of projected monthly revenue and expenditures, including the estimated cost of staff salaries, food, utilities, maintenance, housing and programs,
(h) if the play area is not within the boundaries of the property on which the facility is located, a sketch map showing the location of the play area in relation to the facility and its distance from the facility, and
(i) if the applicant is a society, a copy of the constitution and bylaws of the society.
[en. B.C. Reg. 199/96, s. 2 (a); am. B.C. Reg. 264/96, Sch. A.]
3 The licensee shall promptly inform the medical health officer of any change in the name of a facility or of the manager of the facility.
4 (1) The licensee must not employ a person in a facility unless the licensee is satisfied of the person's good character and suitability for employment in the facility after the licensee
(a) obtains a criminal record check under the Criminal Records Review Act for the person, and
(b) examines character references for the person from individuals who are able to provide such references.
(2) The licensee must not permit a person over the age of 12, other than a child or a parent of a child enrolled at the facility, to be ordinarily present on the premises where a facility is located, during the time that children enrolled in the facility are present, unless the person is of good character and the licensee has obtained a criminal record check under the Criminal Records Review Act for that person.
(3) If the licensee is not a corporation, the licensee must be of good character and must submit, to the registrar under the Criminal Records Review Act, an authorization to obtain a criminal record check under that Act for himself or herself.
(4) The licensee must retain all results of the criminal record check referred to in this section as long as the subject of the criminal record check remains employed or is ordinarily present at the child care facility.
(5) The licensee must retain records of all checks done under subsection (1) (b) for not less than one year, after which they must be returned to the person who was subject of the check or be destroyed.
(6) The licensee must retain all signed original authorization forms for a minimum of 5 years.
(7) In this section "employ" includes to use the services of a voluntary worker, other than a parent of a child enrolled at the facility who provides only voluntary services on a basis other than full time.
[en. B.C. Reg. 502/95, s. 1.]
5 The licensee shall not employ a person in a facility
(a) as an early childhood educator, special needs early childhood educator or infant and toddler educator unless
(i) the person has the appropriate certificate, or
(ii) the licensee has a letter of permission, or
(b) as an assistant or responsible adult, unless the person has the qualifications required by section 9 or 10, as the case may be.
6 (1) To qualify for a certificate to act as an early childhood educator, an applicant must
(a) have completed
(i) a basic early childhood education training program offered by an institution listed in item 1 of Schedule B, or
(ii) a program the director considers to be an equivalent training program,
(b) have completed 500 hours of work experience in Canada
(i) within 5 years after completion of a training program described in paragraph (a),
(ii) in not more than 2 facilities as defined in section 37, 42, 47, 52, 57, 71 or 76, and
(iii) under the direction of
(A) an early childhood educator, if the work experience is completed in the Province, or
(B) an individual acting in a position equivalent to an early childhood educator in a child care facility outside the Province, in any other case,
(c) be recommended by the person or persons under whose direction the work experience was completed and who can attest to the applicant's suitability to act as an early childhood educator, and
(d) be of good character.
(2) If an applicant has, in qualifying for another profession, completed a course that the director considers is at least equivalent to a course forming part of a training program referred to in subsection (1) (a) (i), the director may exempt the applicant from the requirement to complete that course.
[am. B.C. Reg. 387/92, s. 2.]
7 To qualify for a certificate to act as a special needs early childhood educator, an applicant must
(a) have the qualifications required by section 6, and
(b) have completed
(i) a post basic early childhood education special needs training program offered by an institution listed in item 2 (a) of Schedule B, or
(ii) a program the director considers an equivalent training program.
[am. B.C. Reg. 387/92, s. 3.]
8 To qualify for a certificate to act as an infant and toddler educator, an applicant must
(a) have the qualifications required by section 6, and
(b) have completed
(i) a post basic early childhood education infant and toddler training program offered by an institution listed in item 2 (b) of Schedule B, or
(ii) a program the director considers an equivalent training program.
[am. B.C. Reg. 387/92, s. 3.]
9 To qualify for employment in a facility as an assistant, a person must
(a) be of good character,
(b) be able to provide care and mature guidance to children, and
(c) either be in the process of qualifying under section 6 for a certificate or have completed a training program that the director recognizes as at least equivalent to one course of a basic early childhood education program referred to in section 6 (1) (a) (i).
[am. B.C. Reg. 387/92, s. 3.]
10 To qualify for employment in a facility as a responsible adult, a person must
(a) be of good character,
(b) have reached 19 years of age,
(c) be able to provide care and mature guidance to children,
(d) either have completed a course on the care of young children or have relevant work experience, and
(e) where the residents of a residential care facility as defined in section 66 are
(i) less than 6 years of age, have completed a course on the care of young children, or
(ii) from 6 to 18 years of age inclusive, have completed a course or courses in the care of school age children or youths,
or have relevant work experience.
[am. B.C. Reg. 387/92, s. 4.]
11 (1) If the licensee satisfies the director
(a) that no suitable person having the appropriate certificate is available for employment in a facility as an early childhood educator, infant and toddler educator or special needs early childhood educator, and
(b) that the person the licensee proposes to employ has reached 19 years of age and has the qualifications required by section 9,
the director may issue to the licensee a letter of permission permitting the licensee to employ that person for the period specified in the letter.
(2) If the director is satisfied that a person named in a letter of permission no longer has a qualification required by section 9, the director may withdraw the letter of permission at any time.
[am. B.C. Reg. 387/92, s. 5.]
12 (1) A certificate issued after this regulation comes into force expires on the 5th anniversary after its date of issue.
(2) On application before a certificate expires, the director shall renew a certificate if it is satisfied that
(a) the applicant is of good character, and
(b) during the term of the current certificate, the applicant
(i) has completed 300 hours of work experience in the field of early childhood education, and
(ii) has
(A) attended at least 2 seminars, conferences or workshops on early childhood education, lasting a total of at least 12 hours, or
(B) completed a course relating to early childhood education.
(3) On application after a certificate expires, the director may renew the certificate if he or she is satisfied that
(a) the applicant is of good character,
(b) during the term of the expired certificate, the applicant
(i) completed the work experience, and
(ii) attended the seminars, conferences or workshops or completed the course
referred to in subsection (2) (b), and
(c) the applicant's failure to apply before the expiry of the certificate was due to circumstances beyond the control of the applicant.
[am. B.C. Reg. 387/92, s. 6.]
13 The licensee shall ensure that the name of the manager and the current certificate or letter of permission of each educator is posted beside the licence for a facility.
14 (1) The licensee shall
(a) ensure that, before a person is employed in a facility, the person provides the licensee with the written opinion of a medical practitioner that the mental and physical health of the person is adequate for the job,
(b) require each employee, as a condition of employment, to comply with the immunization program of the Ministry of Health and to participate in its tuberculosis control program, and
(c) keep records respecting each employee's compliance with and participation in the programs referred to in paragraph (b) and, on request, make the records available to the medical health officer.
(2) In this section "employ" includes to use the services of a voluntary worker.
(3) If the licensee is a corporation and an officer or a director of that corporation works at the facility, subsection (1) applies to that officer or director as though the officer or director were an employee.
[am. B.C. Reg. 387/92, s. 7.]
15 (1) The licensee shall ensure that the applicable ratio of staff to children present is maintained at all times in a facility, including when staff are on holiday or leave of absence.
(2) Repealed. [B.C. Reg. 387/92, s. 8 (a).]
(2.1) If an educator is absent from a facility, the licensee shall appoint another educator or an assistant to assume the responsibilities of the absentee.
(2.2) If an assistant is absent from a facility, the licensee shall appoint an educator, another assistant or a responsible adult to assume the responsibilities of the absentee.
(2.3) If a responsible adult is absent from a facility, the licensee shall appoint an educator, an assistant or another responsible adult to assume the responsibilities of the absentee.
(3) If the absence exceeds one month, a person who is less qualified than the absentee shall not be appointed under subsections (2.1), (2.2) or (2.3) without the approval of the medical health officer.
(4) The licensee shall notify the medical health officer of any changes in the permanent personnel.
(5) On or after April 1, 1996, a licensee must ensure that children at the facility, or on an outing organized by the facility staff, are under the supervision of an employee of the licensee who is capable of ensuring that effective communications will take place during an emergency.
[am. B.C. Regs. 387/92, s. 8; 395/95, s. 1.]
16 (1) The licensee shall ensure that children in a facility are supervised at all times by a responsible adult and that a second adult is readily available.
(2) During the half hour before the program begins and after it ends, children arriving at or departing from a facility as defined in section 37, 42, 52 or 71 may, despite the staff qualification requirements of the applicable ratio of staff to children, be supervised by an educator or assistant so long as the number of staff required to comply with that ratio is present in the facility and no more than 7 children are present.
(3) In this section "responsible adult" includes an educator and an assistant.
16.1 (1) The licensee must ensure that a child is not released from a facility to anyone except
(a) the parent of the child, or
(b) a person authorized under section 17 (b).
(2) The licensee must have clear written policies and procedures to guide staff actions when
(a) a person described in subsection (1)
(i) appears to be incapable of providing safe care, or
(ii) does not arrive to pick up the child, or
(b) a person not described in subsection (1) requests the release of the child from the facility.
[en. B.C. Reg. 461/98, s. 2.]
16.2 The licensee must ensure that a parent of a child has reasonable access to the child while that child is in the facility.
[en. B.C. Reg. 461/98, s. 2.]
17 The licensee shall
(a) maintain at a facility up to date records on each child enrolled showing
(i) the child's name, sex, date of birth, medical insurance plan number and immunization record,
(ii) the date of the child's enrollment in the facility,
(iii) the child's daily attendance record,
(iv) the names and telephone numbers of a parent of the child, the child's medical practitioner and a person to contact in case of an emergency,
(v) any therapeutic diet or special instruction that is recommended or given for the child by a medical practitioner and of which a parent or the medical practitioner has notified the licensee in writing,
(vi) any medication that is prescribed by a medical practitioner or provided by a parent and that the licensee has agreed to administer to the child, and any instruction on administering that medication,
(vii) the times any diet referred to in subparagraph (v) is given or medication referred to in subparagraph (vi) is administered,
(viii) any other instruction given by a parent, and
(ix) any illness or medical disability disclosed to the licensee by the child, a parent of the child or the child's medical practitioner,
(b) obtain in writing from a parent of a child the name of each person authorized to remove the child from the facility, and
(c) obtain a consent signed by a parent of each child authorizing the staff to call a medical practitioner or ambulance for the child in the case of accident or illness, if the parent cannot immediately be reached.
18 (1) If a licensee has agreed with a parent of a child to give the child any medication prescribed by a medical practitioner or provided by the parent for the child, the licensee shall ensure that the medication is given to the child in the amount and at the times specified in the child's record.
(2) A licensee shall ensure that no medication is given to a child while under the care or supervision of the licensee, except in accordance with subsection (1).
19 (1) A licensee shall immediately notify a parent of a child or the person named for that purpose in the child's record under section 17 (a) (iv) if, while under the care or supervision of the licensee,
(a) the child becomes ill or is injured, or
(b) the child is involved in an unusual or unexpected occurrence.
(2) A licensee shall notify the medical health officer within 24 hours after
(a) a child is seriously injured while under the care or supervision of the licensee, or
(b) it comes to the attention of the licensee that a child enrolled in the facility has a reportable communicable disease as defined in section 1 of the Health Act Communicable Disease Regulation, B.C. Reg. 4/83.
20 The licensee shall
(a) provide in a facility a quiet, clean resting area for children who become ill while under the care or supervision of the licensee, and
(b) ensure that a child who becomes ill is under the close supervision of an adult.
21 The licensee shall establish a program for children enrolled in a facility to instruct them in and to practise the rules of health and hygiene.
22 The licensee shall
(a) provide and maintain first aid kits approved by the medical health officer,
(b) ensure that first aid kits are readily accessible to the staff of a facility at all times, both on and off the premises, and
(c) ensure that at least one member of the staff on duty holds a valid first aid certificate awarded on completion of a course listed in Schedule C.
23 The licensee and the staff of a facility shall ensure that
(a) all medications are kept in a locked container, and
(b) no poisonous substance or potentially hazardous object is accessible to a child in the facility.
24 The licensee shall
(a) establish emergency procedures before the opening of a facility and ensure that all staff are thoroughly trained in the procedures, and
(b) post and practise a system of fire drills approved by the local assistant to the fire commissioner.
25 The licensee shall ensure that there is an operating telephone within a facility and that the telephone is readily accessible to all staff.
26 The licensee shall supply appropriate equipment, furniture and supplies and shall ensure that
(a) any equipment, furniture or fixture in a facility
(i) is of sturdy, safe construction, is easy to clean and is free from hazards, and
(ii) is placed so that it will not interfere with exits, and
(b) any cot or crib in a facility complies with the Cribs and Cradles Regulations under the Hazardous Products Act (Canada).
[am. B.C. Reg. 387/92, s. 9.]
27 The licensee shall
(a) provide the staff of a facility and parents with a written statement of the facility's policy on discipline, and
(b) ensure that no child enrolled in a facility is, while under the care or supervision of the licensee,
(i) subjected to shoving, hitting, shaking, spanking or any other form of corporal punishment,
(ii) subjected to harsh, belittling or degrading treatment, whether verbal, emotional or physical, that would humiliate the child or undermine the child's self respect,
(iii) as a form of punishment, confined, physically restrained or kept, without adult supervision, apart from other children, and
(iv) as a form of punishment, deprived of meals, snacks, rest or necessary use of a toilet.
28 The licensee shall ensure that no child enrolled in a facility is, while under the care or supervision of the licensee, subjected to emotional, physical or sexual abuse or to physical or emotional neglect.
29 The licensee shall provide, for children enrolled in a facility, a comprehensive and coordinated program of activities that
(a) is designed for the development, care and protection of children,
(b) is appropriate for the age and development of the children in each group in the facility, and
(c) meets the standards set out in Schedule D.
30 (1) The licensee shall ensure that, weather permitting, children enrolled in a facility, other than a residential care facility or a facility defined
in section 76, have regular daily play periods in an outdoor play area that complies with the requirements for that facility.
(1.1) Despite the other provisions of this regulation, a licensee that is required to provide an outdoor play area in a facility may discharge this responsibility by use of an outdoor play area away from the facility provided
(a) there are no risks to the health or safety of children in care, and
(b) a medical health officer has approved in writing the use of the outdoor play area.
(1.2) A medical health officer must not give an approval under subsection (1.1) for a group day care facility unless some area for play, whether indoors or outdoors, is part of the group day care facility.
(2) The licensee of a residential care facility shall ensure that, weather permitting, children enrolled in the facility have an opportunity for outdoor activities each day.
[am. B.C. Reg. 395/95, s. 2.]
30.1 An outdoor play area in a facility must be enclosed by a fence unless a medical health officer has agreed in writing that such enclosure is not required to protect the health or safety of the children in care.
[en. B.C. Reg. 395/95, s. 3.]
31 The licensee shall ensure that
(a) all play materials and all indoor and outdoor play equipment in a facility are suitable for the age and development of the children enrolled in the facility, and
(b) all play materials are safe and all play equipment is safely constructed, free from hazards and in good repair.
32 (1) The licensee shall ensure that
(a) a child who is present in a facility for 2 hours a day or more is provided with a nutritious snack,
(b) in addition to the snack provided in paragraph (a), a child who is present in a facility for 4 hours a day or more is provided with a midday or evening meal or both,
(c) in addition to food provided under paragraphs (a) and (b), a child who is present in a facility for 6 hours a day or more is provided with a second nutritious snack,
(d) in addition to the food provided under paragraphs (a) to (c), a child to whom overnight care is provided in a facility is provided with an evening nutritious snack and a morning meal, and
(e) the food provided to a child in a facility is sufficient, in quantity and kind, to supply the child with all or part of the nutrient intake per day that, in "Recommended Nutrient Intakes for Canadians", is recommended for children in the relevant age group, taking into consideration the number of hours the child is in the facility and the child's food preferences and cultural background.
(2) The licensee shall ensure that no child in a facility is fed by means of a propped bottle.
33 The licensee of a facility, as defined in section 37, 42, 52 or 57, may provide overnight care to children enrolled in the facility so long as the licensee, in addition to complying with the provisions of this regulation applicable in respect of the facility,
(a) complies with the standards of care set out in Schedule E, and
(b) has, where overnight sleeping accommodation is provided, a satisfactory method of fire detection and second means of egress to the ground level from each floor on which a sleeping room is located.
[en. B.C. Reg. 390/99.]
33.1 A medical health officer may authorize a licensee to provide a child enrolled at the facility with care for a period greater than that specified in sections 39, 44, 54, 59 and 63, if satisfied that the extension of the maximum number of hours of care is in the best interests of the child and that the extension of hours of care does not pose a risk to the health or safety of other children at the facility.
[en. B.C. Reg. 395/95, s. 4.]
34 (1) No person shall smoke in a facility except in an area designated as a smoking area by the licensee.
(2) The licensee shall not designate as a smoking area an area to which the children have access.
35 The licensee shall ensure that a facility is cleaned on a regular basis and that a reasonable level of cleanliness is maintained at all times.
36 The licensee shall notify the medical health officer before any structural alteration is made to a facility.
36.1 (1) A medical health officer may authorize the licensee of a facility defined in section 37, 42, 47, 52, 57, 61, 71, 76 or 80.1 to temporarily place or temporarily retain in that facility a child who does not meet the requirements specified in the definition of "child" in those sections respectively.
(2) A medical health officer must, in making an authorization under subsection (1), be satisfied that the temporary placement or temporary retention is in the best interests of the child and does not pose a risk to the health or safety of other children at the facility.
(3) A medical health officer may make an authorization under subsection (1) despite any of the following:
(a) the limit in section 45 (b) on the number of children under 36 months of age in any one group at any one time;
(b) the age requirements in section 60.
(4) Despite an authorization under subsection (1), a licensee must ensure that none of the following limits or ratios specified for the facility, as applicable, are exceeded:
(a) the maximum size of a group, however determined;
(b) the maximum number of children cared for or living in a facility at one time, however determined;
(c) the ratio of staff to children.
[en. B.C. Reg. 461/98, s. 3.]
Part 3 — Group Day Care, under 36 Months
37 In this Part:
"child" means a person who is under 36 months of age;
"facility" means a facility in which group day care is provided to children.
38 The licensee shall provide in a facility
(a) 3.7 m2 of floor area per child, excluding hallways, built in storage areas and bathrooms,
(b) for each child, a sleeping arrangement that is not located in an activity area and consists of,
(i) a crib, where the child is shorter than 90 cm (35.43") and is unable to climb out of the crib unaided, or
(ii) a mattress not less than 7.5 cm in thickness or a cot or equivalent sleeping arrangement, in any other case
with a clean washable mattress cover and clean washable covers,
(c) for every 12 children, one toilet and one wash basin on the same floor as the facility,
(d) a container for soiled clothing and a changing table that is not in the food preparation area,
(e) in addition to the wash basins required under paragraph (c), a wash basin convenient to the changing table, and
(f) an outdoor play area that is large enough to provide 7 m2 of play area per child.
[am. B.C. Reg. 395/95, s. 6.]
39 Subject to section 33, the licensee shall provide a child enrolled in a facility with not more than 13 hours of care per day.
40 The licensee shall ensure that
(a) the children present in a facility are divided into groups of not more than 12, and
(b) a separate area is available for each group of children.
41 The licensee shall ensure that the ratio of staff to children present in a facility is maintained as follows:
(a) for each group of 4 or fewer children, one infant and toddler educator;
(b) for each group of 5 to 8 children, one infant and toddler educator and one early childhood educator;
(c) for each group of 9 to 12 children,
(i) one infant and toddler educator,
(ii) one early childhood educator, and
(iii) one assistant.
Part 4 — Group Day Care, 30 Months to School Age
42 In this Part:
"child" means a person who is at least 30 months of age on the date of entrance to the facility and has not entered grade 1;
"facility" means a facility in which group day care is provided to children.
43 The licensee shall provide in a facility
(a) 3.7 m2 of floor area per child, excluding hallways, built in storage areas and bathrooms,
(b) a sleeping arrangement for each child, consisting of
(i) a mattress at least 7.5 cm in thickness, or
(ii) a cot or equivalent arrangement
with a clean washable mattress cover and clean washable covers,
(c) for every 10 children, one toilet and one wash basin,
(d) a container for soiled clothing, and
(e) an outdoor play area that is large enough to provide 7 m2 of play area for each child.
[am. B.C. Reg. 395/95, s. 7.]
44 Subject to section 33, the licensee shall provide a child enrolled in a facility with not more than 13 hours of care per day.
45 The licensee shall ensure that
(a) the children present in any one group are divided into groups of not more than 25, and
(b) not more than 2 children under 36 months of age are provided with care in any one group at any one time.
[am. B.C. Reg. 387/92, s. 10.]
46 The licensee shall ensure that the ratio of staff to children present in a facility is maintained as follows:
(a) for each group of 8 or fewer children, one early childhood educator;
(b) for each group of 9 to 16 children, one early childhood educator and one assistant;
(c) for each group of 17 to 25 children,
(i) one early childhood educator, and
(ii) 2 assistants.
Part 5 — Preschool, 30 Months to School Age
47 In this Part:
"child" means a person who
(a) is at least
(i) 30 months of age on the date of entrance to the facility, and
(ii) 36 months of age on December 31 of the year of entrance to the facility, and
(b) has not entered grade 1;
"facility" means a preschool in which children are provided with opportunities for social, emotional, physical and intellectual growth.
48 The licensee shall provide in a facility
(a) 3.7 m2 of floor area per child, excluding hallways, built in storage and bathrooms,
(b) for every 10 children, one toilet and one wash basin, and
(c) an outdoor play area.
[am. B.C. Reg. 395/95, s. 8.]
49 The licensee shall provide a child enrolled in a facility with not more than 4 hours of care per day.
50 The licensee shall ensure that the children present in a facility are divided into groups of not more than 20.
51 (1) The licensee shall ensure that the ratio of staff to children present in a facility is maintained as follows:
(a) for each group of 15 or fewer children, one early childhood educator;
(b) for each group of 16 to 20 children, one early childhood educator and one assistant.
(2) Despite subsection (1) (b), if
(a) a facility has a parent education program approved by the director, and
(b) a parent or substitute parent who has taken the program is present in the facility to assist the early childhood educator with a group of 16 to 20 children,
the licensee is not required to ensure that there is one assistant for that group.
[am. B.C. Reg. 387/92, s. 11.]
Part 6 — Special Needs Day Care
52 In this Part:
"child" means a person who has not entered grade 1;
"facility" means a facility in which group day care is provided to children at least 25% of whom are special needs children.
53 The licensee shall provide in a facility
(a) 4 m2 of floor area per child, excluding hallways, built in storage areas and bathrooms,
(b) for each child who is provided with more than 4 hours of care per day, a sleeping arrangement consisting of
(i) if the child is shorter than 90 cm and unable to climb out of a crib unaided, a crib, and
(ii) in any other case, a mattress at least 7.5 cm in thickness or a cot or equivalent arrangement
with a clean washable mattress cover and clean washable covers,
(c) for every 8 children, one toilet and one wash basin that are readily accessible to the children,
(d) a container for soiled clothing and a changing table that is not in the food preparation area,
(e) in addition to the wash basin required under paragraph (c), a wash basin convenient to the changing table,
(f) if a child requiring mechanical aid for mobility is enrolled in the facility,
(i) a conveniently located and securely attached grab bar beside at least one toilet, and
(ii) a ramp for access to the facility, and
(g) an outdoor play area that is large enough to provide 7 m2 of play area for each child.
[am. B.C. Reg. 395/95, s. 9.]
54 Subject to section 33, the licensee shall provide a child enrolled in a facility with not more than 13 hours of care per day.
55 The licensee shall ensure that
(a) the children present in a facility are divided into groups,
(b) subject to paragraphs (c) and (d), each child is placed in the group that is most appropriate for the child's needs,
(c) not more than 16 children are in one group, and
(d) not more than 12 children under 36 months of age are in one group.
56 The licensee shall ensure that the ratio of staff to children present in a facility is maintained as follows:
(a) for each group of 4 or fewer children, one special needs early childhood educator;
(b) for each group of 5 to 8 children, one special needs early childhood educator and one early childhood educator;
(c) for each group of 9 to 12 children, one special needs early childhood educator and 2 early childhood educators;
(d) for each group of 13 to 16 children,
(i) one special needs early childhood educator,
(ii) 2 early childhood educators, and
(iii) one assistant.
57 In this Part:
"child" means a person under 13 years of age;
"facility" means a licensee's home in which family child care is provided;
"family child care" means the provision, in a licensee's home, of care to children and of opportunities for their social, emotional, physical and intellectual growth.
[am. B.C. Reg. 395/95, ss. 10 and 11.]
58 The licensee shall provide in a facility
(a) a sleeping arrangement for each child consisting of
(i) where the child is shorter than 90 cm and unable to climb out of a crib unaided, a crib, and
(ii) in any other case, a mattress at least 7.5 cm in thickness or a cot or equivalent arrangement
with a clean washable mattress cover and clean washable covers,
(b) a container for soiled clothing and a changing table that is not in the food preparation area,
(c) an indoor play area, and
(d) an outdoor play area.
[am. B.C. Reg. 395/95, s. 12.]
59 Subject to section 33, the licensee shall provide a child enrolled in a facility with not more than 13 hours of care per day.
60 (1) The licensee must ensure that not more than a total of 7 children are cared for or live in a facility at one time, and, within this total number, the licensee must ensure that
(a) not more than 5 children are preschool age;
(b) not more than 3 children are under 3 years of age;
(c) not more than 1 child is under the age of 12 months.
(2) For the purposes of this section "child" does not include a person who is 12 years of age or older and who is related by blood or marriage to the licensee or care provider.
[en. B.C. Reg. 145/95, s. 1; am. B.C. Reg. 395/95, s. 13.]
61 In this Part:
"child" means a person who
(a) attends school, and
(b) is under 13 years of age;
"facility" means a facility for out of school care;
"out of school care" means the provision of care, before and after school hours and during school holidays, for children attending school;
"school" includes kindergarten.
[am. B.C. Reg. 461/98, s. 4.]
62 The licensee shall provide in a facility
(a) 3 m2 of floor area per child, excluding hallways, built in storage and bathrooms,
(b) for every 15 children, one toilet and one wash basin, and
(c) an outdoor play area.
[am. B.C. Reg. 395/95, s. 14.]
63 The licensee shall provide a child enrolled in a facility with not more than 13 hours of care per day.
64 (1) Where any child present in a facility is in kindergarten or grade 1, the licensee shall ensure that the children are divided into groups of not more than 20.
(2) Where every child present in a facility is in a grade higher than grade 1, the licensee shall ensure that the children are divided into groups of not more than 25.
65 The licensee shall ensure that the ratio of staff to children present in a facility is maintained as follows:
(a) where any child present in a group in the facility is in kindergarten or grade 1,
(i) one responsible adult for every group of 10 or fewer children, and
(ii) 2 responsible adults for every group of 11 to 20 children;
(b) where every child present in a group in the facility is in a grade higher than grade 1,
(i) one responsible adult for every group of 15 or fewer children, and
(ii) 2 responsible adults for every group of 16 to 25 children.
66 In this Part:
"child" means a person under 19 years of age;
"residential care facility" means a facility in which care and opportunities for social, emotional, physical and intellectual growth are provided to children placed in the facility to receive 24 hours of care and supervision a day, but does not include a facility referred to in section 33.
67 (1) The licensee shall provide in a residential care facility
(a) a dining area
(i) with at least 1 m2 of floor space per child, and
(ii) that allows a child requiring a wheelchair to eat at a table while seated in the wheelchair,
(b) a suitably furnished indoor activity room with at least 1 m2 of floor space per child for the maximum number of children using the room at any one time,
(c) for every 5 children, one toilet and one wash basin, and
(d) for every 10 children, one bathtub equipped with shower.
(2) If a building or structure is licensed for residential care under section 4 (1) (b) (ii) of the Act on or after the effective date of this subsection, the licensee must provide in the building or structure
(a) interconnecting smoke alarms, installed in each bedroom and in each corridor leading to a bedroom,
(b) sprinklers which comply with the requirements of NFPA 13D (standard for the installation of sprinkler systems in one- and two-family dwellings and mobile homes) and have had the plans, design and installation approved (to include sprinklers in all washrooms) and a program of routine testing of the system approved,
(c) an approved adequate water supply for fire fighting,
(d) not less than a 45 minute fire separation between each garage attached to the building or structure, and
(e) emergency lighting which will automatically illuminate the corridors and stairs for a minimum of 30 minutes in the event of a power failure.
[am. B.C. Reg. 376/93, Sch. A.]
67.1 (1) The medical health officer may approve the temporary placement or retention of a person who is 19 years of age or older in a residential care facility.
(2) In deciding whether to approve this retention or temporary placement, the medical health officer must consider the best interests of the person and any increase in the risk to the health and safety of the children in the facility.
[en. B.C. Reg. 145/95, s. 2.]
68 Where a child requiring mechanical aid for mobility resides in a residential care facility, the licensee shall ensure that
(a) the window sill of the child's bedroom is not more than 80 cm above the floor,
(b) the child has access to all public areas, entrances and exits, and
(c) the washroom is suitably equipped for the child's needs.
69 (1) The licensee shall ensure
(a) that
(i) no child is required to share a bedroom except with one other child, and
(ii) no child over 6 years of age is required to share a bedroom with another child unless both children are of the same sex, and
(b) that each bedroom complies with and is furnished in accordance with the standards set out in subsections (2) to (8).
(2) The floor area of the bedroom, excluding clothes closets, must be at least
(a) where one child is accommodated, 7.4 m2, or
(b) where more than one child is accommodated, 5.6 m2 per child.
(3) For each child requiring a wheelchair, a floor area of not less than 1 m2 per child must be provided in addition to the floor area required under subsection (2).
(4) The bedroom must be dry, well ventilated and directly accessible from a hall without passing through another room.
(5) The bedroom must have an exterior window
(a) with a glass area equal to not less than 10% of the floor area of the room, and
(b) that, where air conditioning is not provided, can be opened for ventilation.
(6) The bedroom must have sufficient artificial lighting to provide a minimum of 300 lx of general lighting and a minimum of 500 lx of lighting at the child's bed and chair.
(7) Each child must be provided with
(a) a bed for the exclusive use of the child, and
(b) additional furniture, appropriate for the age level of the child, for storage of clothing and possessions.
(8) Where 2 children are accommodated in one bedroom in which personal care is given, screening must be provided.
70 (1) The licensee shall maintain at all times a ratio of staff to children present appropriate to the needs of the children and the type of care required.
(2) In this section "staff" means responsible adults.
71 In this Part:
"child" means a person who has not entered grade 1;
"facility" means a facility for emergency care;
"emergency care" means the provision, on a short term basis, of care, including emotional support and an opportunity for social and intellectual development, in a group setting for children.
72 (1) Section 43 (a) to (d) applies in respect of a facility.
(2) The licensee shall provide in a facility an outdoor play area that is
(a) readily accessible from the facility.
(b) Repealed. [B.C. Reg. 395/95, s. 15.]
[am. B.C. Reg. 395/95, s. 15.]
73 The licensee shall provide a child enrolled in a facility with not more than 72 hours of care per calendar month.
74 The licensee shall ensure that
(a) children under 3 years of age who are present in a facility are divided into groups of not more than 12, and
(b) children 3 years of age or more who are present in a facility are divided into groups of not more than 25.
75 The licensee shall ensure that the ratio of staff to children present in a facility is maintained in accordance with
(a) section 41, for children under 3 years of age, and
(b) section 46, for children 3 years of age or more.
Part 11 — Child Minding, 18 Months to School Age
76 In this Part:
"child" means a person who is at least 18 months of age and has not entered grade 1;
"child minding" means the provision of supervised group care for children;
"facility" means a child minding facility.
77 The licensee shall provide in a facility
(a) 3 m2 of floor space per child, excluding hallways, built in storage and bathrooms,
(b) for every 10 children, one toilet and one wash basin,
(c) a container for soiled clothing and a changing table, and
(d) in addition to the wash basin required under paragraph (b), a wash basin convenient to the changing table.
78 The licensee shall provide a child enrolled in a facility with
(a) not more than 3 hours of care per day, and
(b) not more than 2 days of care per week.
79 (1) Where any child present in a group is under 3 years of age, the licensee shall ensure that the children are divided into groups of not more than 16.
(2) Where every child present in a group is 3 years of age or more, the licensee shall ensure that the children are divided into groups of not more than 20.
[am. B.C. Reg. 387/92, s. 12.]
80 The licensee shall ensure that the ratio of staff to children present in a facility is maintained as follows:
(a) where every child in a group is 3 years of age or more,
(i) one responsible adult for each group of 8 or fewer children,
(ii) 2 responsible adults for each group of 9 to 16 children, and
(iii) 3 responsible adults for each group of 17 to 20 children;
(b) where a child in a group is under 3 years of age,
(i) one responsible adult for each group of 4 or fewer children,
(ii) 2 responsible adults for each group of 5 to 8 children,
(iii) 3 responsible adults for each group of 9 to 12 children, and
(iv) 4 responsible adults for each group of 13 to 16 children.
Part 11.1 — Occasional Child Care at Ski Hill or Resort
80.1 In this Part:
"child" means a person who is at least 18 months of age and under 6 years of age;
"facility" means a facility for the provision of occasional, casual, short term, supervised care for children at a ski hill or a resort;
"place" means a place as described in section 80.3.
[en. B.C. Reg. 395/95, s. 16.]
80.2 The licensee must not provide a child enrolled in a facility with
(a) more than 40 hours of care during a calendar month, and
(b) more than 8 hours of care a day.
[en. B.C. Reg. 395/95, s. 16.]
80.3 (1) A licensee must include each child in a facility in a group that
(a) contains not more than 24 places at any one time,
(b) has the required number of responsible adult staff members specified under section 80.4, and
(c) has a separate area available for use of the children in the group.
(2) Provided that the requirements of subsection (1) are met for each group, there may be more than one group at a facility.
(3) For the purpose of calculating the number of places in a group,
(a) each child over 36 months of age in the group must be considered to be occupying one of these places, and
(b) each child 36 months of age or younger in the group must be considered to be occupying two of these places.
[en. B.C. Reg. 395/95, s. 16.]
80.4 A licensee must ensure that the ratio of staff to children in a group at the facility at any one time is at least
(a) 1 responsible adult staff member for 7 or fewer places,
(b) 2 responsible adult staff members for 8 places to 16 places, and
(c) 3 responsible adult staff members for 17 places to 24 places.
[en. B.C. Reg. 395/95, s. 16.]
80.5 The licensee must ensure that the parent of a child in the facility is actively participating in a recreational activity offered at the resort or ski hill.
[en. B.C. Reg. 395/95, s. 16.]
80.6 The licensee must provide in a facility
(a) 3 m2 of floor space for each child, excluding hallways, bathrooms, food preparation areas, storage areas, staff office, or any other area not used by children as an activity area,
(b) for every 10 children, one toilet and one wash basin,
(c) a container for soiled clothing, and
(d) a sleeping arrangement for each child, consisting of
(i) a mattress at least 7.5 cm in thickness with clean washable mattress cover and clean washable covers, or
(ii) a cot with clean washable covers.
[en. B.C. Reg. 395/95, s. 16.]
80.7 (1) The licensee must provide for each child less than 36 months of age who will receive care in the facility for more than 4 hours a day, a separate sleeping area located away from an activity area that consists of a crib, if the child is shorter than 90 cm and is unable to climb out of the crib unaided, or
(a) a mattress not less than 7.5 cm in thickness, or
(b) a cot.
(2) A crib or mattress under subsection (1) must include a clean, waterproof, washable mattress cover and clean washable covers.
(3) A cot under subsection (1) must include clean washable covers.
(4) A facility for children less than 36 months of age must include
(a) a diaper changing area adjacent to the activity area, but not in the food preparation area,
(b) a diaper changing table with a surface that is padded, non-absorbent and easy to clean, and
(c) in addition to the wash basins required under section 80.6 (b), a wash basin convenient to the changing table.
[en. B.C. Reg. 395/95, s. 16.]
Part 12 — Transitional and Commencement
81 (1) If, when this section comes into force, a person is registered with the former Provincial Child Care Facilities Licensing Board as a
preschool supervisor, an under 3 supervisor or special needs preschool supervisor,
(a) that person shall be deemed to have been issued on the date this section comes into force a certificate to act as
(i) an early childhood educator, if the person is registered as a preschool supervisor,
(ii) an infant and toddler early childhood educator, if the person is registered as an under 3 preschool supervisor, and
(iii) a special needs early childhood educator, if the person is registered as a special needs preschool supervisor,
(b) a certificate or letter of qualification issued to that person before this section comes into force shall be deemed to have terminated on the date this section comes into force, and
(c) section 12 of this regulation and section 5 (e.1) of the Act1 apply in respect of a certificate deemed to have been issued under this section.
(2) Sections 38 (a), 43 (a) and 48 (a) do not apply in respect of a facility if a licence was issued for the facility before this section comes into force.
[am. B.C. Reg. 387/92, s. 13.]
82 (1) This regulation, except sections 4 and 22 (c), comes into force on November 1, 1989.
(2) Section 4 comes into force on November 1, 1991.
(3) Section 22 (c) comes into force on March 1, 1990.
[am. B.C. Reg. 416/90, s. 2.]
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| 1. Section 5 (e.1) is a reference to RSBC 1979-57. Paragraph (e.1) was repealed by 1990-37-4 and there is no current equivalent in RSBC 1996-60. |
Repealed. [B.C. Reg. 199/96, s. 2 (b).]
(sections 5 to 9)
[en. B.C. Reg. 180/97.]
1. Basic Early Childhood Education Programs
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2. Post Basic Early Childhood Education Programs
(a) Special needs
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(b) Infant and Toddler
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(section 22)
[en. B.C. Reg. 387/92, s. 15.]
First Aid Courses
1
St. John Standard First Aid (20 hours)
2
St. John Emergency First Aid (was Safety Oriented First Aid - 8 hours)
3
Canadian Red Cross Society First Aid
4
First Aid Recertification Course — Douglas College, New Westminster
5
Emergency First Aid Course — Cariboo College
6
First Aid Course — Doug Robertson, Duncan
7
First Aid for Preschool Teachers —Vancouver Island Industrial Emergency Care of B.C. Ltd.
8
Emergency Child Care — Warren Delaney, Victoria
9
St. John Standard First Aid for Professional Care Workers (20 hours)
10
Childhood Emergency Management - Fraser Valley College
11
St. John Standard First Aid (modular - 13.50 hours)
12
St. John Emergency First Aid (modular - 7.25 hours)
13
Red Cross Emergency First Aid (8 hours)
14
Red Cross Standard First Aid (16 hours)
15
Red Cross Standard First Aid Recertification (8 hours)
16
Childsafe (Red Cross 6 to 8 hours)
17
Intermediate Emergency Care (for Urban and Suburban Areas) - Jim Life, Victoria
18
First Aid Course - Okanagan First Aid Training Ltd.
19
First Aid - "Treating Your Children" - Care First Aid Training Inc.
(section 29)
Program Standards
(section 33)
[am. B.C. Reg. 67/99.]
Standards for Overnight Care
1 No more than 4 children may be accommodated in one room.
2 No child over 6 years of age may be accommodated in a room shared by another child of the opposite sex without direct staff supervision.
3 There must be a minimum of 5 m2 floor space per child in the sleeping area.
4 The sleeping area must be
(a) directly accessible without passing through another sleeping area,
(b) dry, well ventilated and free from draughts, and
(c) clean and free from clutter and other extraneous or unsafe matter.
5 Each child must be provided
(a) with
(i) a crib, if the child is shorter than 90 cm (35.43") and is unable to climb out of the crib unaided, or
(ii) a cot or bed, in any other case, and
(b) with a clean mattress and sufficient sheets and coverings for warmth and comfort.
6 Cribs, cots and beds must be arranged so as to allow easy access to each child with a minimum of 90 cm (3') of space on at least 2 sides of each crib, cot or bed.
7 Notwithstanding any other provision of this regulation, one shower or bathtub must be provided for every 10 children and adequate hot water must be provided.
8 No animals may be permitted in the sleeping area.
9 Subject to section 10, where 3 or more children are sleeping overnight in a facility,
(a) a responsible adult must at all times
(i) be awake and accessible to the children, or
(ii) be sleeping in the same room as the children, and
(b) the number of other staff required to maintain the applicable ratio of staff to children must be available in the facility.
10 Where 3 or more children are sleeping overnight in a facility defined in section 57 of this regulation, a medical health officer may authorize overnight sleeping arrangements which do not comply with the requirement in section 9 (a), if satisfied that the arrangements
(a) are in the best interests of all the children sleeping overnight in the facility, and
(b) will not increase the risk to the health or safety of any child sleeping overnight in the facility.
[Provisions of the Community Care Facility Act, R.S.B.C. 1996, c. 60, relevant to the enactment of this regulation: section 20]
Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada