Definitions

1   In this Act:

"child care" means the care and supervision of a child in a child care setting or other facility, other than

(a) by the child's parent, or

(b) while the child is attending an educational program provided under the School Act, the Independent School Act or a law of a treaty first nation in relation to kindergarten to grade 12 education;

"child care grant" means a payment made for any of the following purposes:

(a) to facilitate the operation of a child care setting;

(b) to facilitate the operation of other child care facilities and services specified by regulation;

(c) to improve the quality of child care;

(d) to improve access to affordable child care;

(e) to develop or operate programs and services that in any other way promote the purposes of this Act;

"child care provider" means a person or organization operating a child care setting;

"child care setting" means any setting in which child care is provided in a facility licensed under the Community Care and Assisted Living Act to provide child care;

"parent" includes a person with whom a child resides and who stands in place of a parent of the child.

Provincial Child Care Council

2   (1) In this section, "council" means the Provincial Child Care Council continued under this Act.

(2) The council may make recommendations

(a) to the minister about child care under this Act, and

(b) to the minister responsible for the Child Care Subsidy Act about child care subsidies under that Act.

(3) The council consists of at least 14 and not more than 21 members, each of whom is appointed by the minister and one or more of whom is designated by the minister to chair council meetings.

(4) The minister may set the term of office of any member of the council.

(5) The minister may

(a) reimburse the members for reasonable travelling and out of pocket expenses necessarily incurred by them in attending council meetings, and

(b) pay the members a fee set by the minister in accordance with the general directives of Treasury Board.

Repealed

3-5   [Repealed 2001-32-2.]

Child care grants

6   The minister may, in the minister's sole discretion, pay child care grants and may specify the terms and conditions to be included in written agreements for the purposes of child care grants.

Overpayments and repayments

7   (1) If a child care grant is paid to a child care provider or other person who is not eligible for that child care grant, that child care provider or other person is liable to repay to the government the amount for which the child care provider or other person was not eligible.

(2) An amount that a child care provider or other person is liable to repay under subsection (1) is a debt due to the government and may

(a) be recovered by it in a court of competent jurisdiction, or

(b) be deducted by it from any subsequent child care grant.

Agreements

8   (1) Subject to subsection (2), the minister may enter into a written agreement with any person or group of persons.

(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into any of the following:

(a) an agreement with the government of Canada, or an agency of that government, about financial arrangements or other matters relating to this Act;

(b) a reciprocal agreement with the government of another province of Canada, or an agency of that government, respecting child care programs;

(c) an information-sharing agreement with

(i) the government of Canada or an agency of that government,

(ii) the government of a province or other jurisdiction in Canada or an agency of that government,

(iii) the government of a state of the United States, or an agency of that government,

(iv) a public body as defined in the Freedom of Information and Protection of Privacy Act, or

(v) a legal entity representing an aboriginal community.

(3) An information-sharing agreement may only be entered into under subsection (2) for the purposes of the administration of

(a) this Act, or

(b) a social benefit program operated by a government, agency, public body or legal entity referred to in subsection (2) (c).

(4) In this section, "information-sharing agreement" includes a data-matching agreement but does not include an agreement to share

(a) personal information as defined in the Freedom of Information and Protection of Privacy Act,

(b) information obtained by the minister for the purposes of another Act administered by the minister, or

(c) information obtained by the minister pursuant to an agreement under this section.

Offence of supplying false or misleading information

9   (1) A person commits an offence who, in order to obtain a child care grant, supplies information that is false or misleading with respect to a material fact.

(2) A person does not commit an offence under subsection (1) if, at the time the information was supplied, the person did not know that it was false or misleading and, with the exercise of reasonable diligence, could not have known that it was false or misleading.

(3) A person who commits an offence under this section is liable on conviction to a fine of not more than $2 000 or to imprisonment for not more than 6 months or to both.

(4) In addition, the court may order a person convicted of an offence under this section to pay the government all or part of any amount that person received under this Act as a result of committing the offence.

Other provisions relating to offences

10   (1) Section 5 of the Offence Act does not apply to this Act or the regulations.

(2) The time limit for laying an information for an offence under this Act is 12 months after the facts on which the information is based first came to the minister's attention.

(3) A document purporting to have been issued by the minister, certifying the date on which the minister became aware of the facts on which the information is based,

(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(b) is proof of the certified facts unless there is evidence to the contrary.

Delegation of minister's powers and duties

11   (1) Subject to the regulations, the minister may delegate to any person or class of persons any or all of the minister's powers, duties and functions under this Act, except

(a) the power to enter into an agreement under section 8 (2), and

(b) the power to prescribe forms.

(2) A delegation of the powers, duties or functions of the minister must be in writing and may include any limits or conditions the minister considers advisable.

Power to make regulations

12   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) specifying other child care facilities and services for the purposes of paragraph (b) of the definition of "child care grant";

(b) respecting applications for child care grants and the information, authorizations and verifications that must be supplied in support of an application;

(c) governing eligibility for child care grants, including the types of child care for which, and the age limits of the children for whom, child care grants may be paid;

(d) regulating when and how child care grants are paid;

(e) [Repealed 2001-32-3.]

(f) respecting the provision, in child care settings, of services to children with special needs;

(g) respecting terms and conditions that are to be included in information-sharing agreements under section 8 (2);

(h) prescribing how accounts are to be submitted to the minister and the information to be supplied with those accounts;

(i) prescribing the records to be kept and the reports to be made to the minister under this Act;

(j) governing investigations and audits to determine eligibility for child care grants or to ensure compliance with this Act, the regulations and the terms of a child care grant;

(k) respecting the delegation of the powers, duties and functions of the minister;

(l) defining any word or expression used in this Act or the regulations.

(m) [Repealed 2001-32-3.]

(3) In making regulations under this Act, the Lieutenant Governor in Council may do one or more of the following:

(a) delegate a matter to a person;

(b) confer a discretion on a person;

(c) make different regulations for different categories of child care providers or other persons, or for different types of child care or child care settings.

Forms

13   The minister may do either or both of the following:

(a) prescribe forms for use under this Act;

(b) specify forms for use under this Act.

Repealed

14-17   [Repealed 2001-32-4.]

Spent

18-24   [Consequential amendments. Spent. 2001-4-18 to 24.]