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“Point in Time” Act Content

CHILD CARE BC ACT

[SBC 2001] CHAPTER 4

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1August 16, 2001
 August 16, 2001
 May 14, 2004
 April 3, 2009
 March 18, 2013
2September 30, 2002
3 to 5August 16, 2001
11December 1, 2007
12August 16, 2001
 March 25, 2021
14 to 17August 16, 2001
ScheduleAugust 16, 2001

  Section 1 definition of "child care grant" BEFORE re-enacted by 2001-32-1, effective August 16, 2001 (Royal Assent).

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

(a) a funding assistance program grant;

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

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

(d) to improve the quality of child care;

(e) to improve access to affordable child care;

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

  Section 1 definitions of "funding assistance program" and "funding assistance program grant" BEFORE repealed by 2001-32-1, effective August 16, 2001 (Royal Assent).

"funding assistance program" means the program administered under sections 3 and 4;

"funding assistance program grant" means a payment made under the funding assistance program to a child care provider who

(a) is licensed under the Community Care Facility Act to provide child care, and

(b) has entered into a written agreement under the funding assistance program with the minister;

  Section 1 definition of "child care setting" BEFORE amended by 2002-75-36, effective May 14, 2004 (BC Reg 217/2004).

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

  Section 1 definition of "child care" paragraph (b) BEFORE amended by 2007-36-32, effective April 3, 2009 (BC Reg 55/2009).

(b) while the child is attending an educational program provided under the School Act or the Independent School Act;

  Section 1 (1) definition of "parent" BEFORE amended by 2011-25-285, effective March 18, 2013 (BC Reg 131/2012).

"parent" includes a person with whom a child resides and who stands in place of the child's father or mother.

  Section 2 (2) (b) BEFORE amended by 2002-40-55, effective September 30, 2002 (BC Reg 263/2002.

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

  Sections 3 to 5 BEFORE repealed by 2001-32-2, effective August 16, 2001 (Royal Assent)

 Funding assistance program

3  (1)  The government must establish, for each fiscal year, the amount of government funding, in addition to any other government funding, to be allocated to the funding assistance program to be implemented as set out in section 4 and administered by means of written agreements between licensed child care providers and the minister.

(2)  The minister may specify the terms and conditions to be included in written agreements for the purposes of the funding assistance program.

(3)  The maximum fees that a child care provider may require a parent to pay to the child care provider are the sum of

(a) the basic parent fee as specified in a written agreement between the minister and the child care provider up to a maximum of $14 per day per child, and

(b) the additional permitted fees for specified services and expenses as set out in a written agreement between the minister and the child care provider.

 Effective date of the components of and spaces in the funding assistance program

4  The funding assistance program is to be implemented as follows to meet the actual demand for spaces:

(a) on this Act coming into force, for up to 21 000 spaces for children enrolled during the school year in an out of school group care program licensed under the Community Care Facility Act;

(b) effective on January 2, 2002, for

(i)  up to 7 000 spaces for kindergarten and school age children enrolled during the school year in a family child care program licensed under the Community Care Facility Act, and

(ii)  up to 4 680 spaces for children under age 36 months enrolled in a group day care under 36 months program licensed under the Community Care Facility Act;

(c) effective on September 3, 2002, for up to 17 000 spaces for children up to school age enrolled in a family child care program licensed under the Community Care Facility Act;

(d) effective on July 2, 2003, for up to the total number of spaces referred to in paragraphs (a) and (b) (i) for children enrolled, during school summer break periods, in a group or family out of school child care program licensed under the Community Care Facility Act;

(e) effective on September 1, 2003, for up to 16 560 spaces for children

(i)  age 30 months and up, and

(ii)  who have not yet entered grade 1

enrolled in a group day care 30 months to school age program licensed under the Community Care Facility Act;

(f) effective on January 4, 2004, for up to 18 720 spaces for children enrolled in a preschool 30 months to school age program licensed under the Community Care Facility Act.

 Projected budget for child care grants and programs

5  Subject to the enactment of an appropriation for that purpose, the projected budget for the child care grants and programs under this Act is set out in the Schedule.

  Section 11 (1) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).

(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 or the regulations, except

  Section 12 (2) BEFORE amended by 2001-32-3, effective August 16, 2001 (Royal Assent).

(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 (c) 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) establishing the nature and maximum amount of additional fees that a child care provider may charge parents under the funding assistance program;

(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) increasing the number of spaces referred to in any of paragraphs (a) to (f) of section 4.

  Section 12 (2) (a) BEFORE amended by 2021-3-3, effective March 25, 2021 (Royal Assent).

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

  Sections 14 to 17 BEFORE repealed by 2001-32-4, effective August 16, 2001 (Royal Assent)

Transitional

 Continuity of child care grants and written agreements

14  Child care grants and written agreements respecting child care grants that are in effect under the BC Benefits (Child Care) Act at the time this section comes into force are continued as child care grants and written agreements respecting child care grants under this Act and are subject to this Act.

 Transitional regulations

15  The Lieutenant Governor in Council may make regulations considered necessary or advisable to more effectively bring this Act into operation and to facilitate the transition from child care grants under the BC Benefits (Child Care) Act to child care grants under this Act.

 Provincial Child Care Council continued

16  (1)  The Provincial Child Care Council under the BC Benefits (Child Care) Act, R.S.B.C. 1996, c. 26, is continued under section 2 of this Act.

(2)  All members of the council in office on the date that this section comes into force continue in office as if they had been appointed under section 2 of this Act.

 Repeal of transitional provisions

17  Sections 14 to 16 are repealed on a date to be set by regulation of the Lieutenant Governor in Council.

  Schedule BEFORE repealed by 2001-32-5, effective August 16, 2001 (Royal Assent)

Schedule

Projected Budget for Child Care Grants and Programs

Fiscal Year01/0202/0303/0404/05
Total per Fiscal Year
($ Millions)
127225384480