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"Point in Time" Regulation Content

Community Care and Assisted Living Act

Child Care Licensing Regulation

B.C. Reg. 332/2007

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 December 1, 2011
March 18, 2013
July 19, 2016
May 17, 2021
March 30, 2022
Section 2 December 1, 2011
March 20, 2013
July 19, 2016
May 17, 2021
Section 2.1 June 1, 2020
September 27, 2022
Section 3 June 9, 2011
December 1, 2011
July 19, 2016
May 17, 2021
Section 4 July 19, 2016
May 17, 2021
Section 9 October 1, 2009
June 1, 2020
Section 9.1 June 1, 2020
Section 10 May 17, 2021
Section 11 July 19, 2016
Section 13 September 1, 2016
June 1, 2020
Section 14 December 1, 2011
May 17, 2021
May 17, 2021
Section 15 May 17, 2021
Section 16 December 1, 2011
July 19, 2016
May 17, 2021
Section 19 July 19, 2016
Section 20 May 17, 2021
Section 22 June 1, 2020
May 17, 2021
Section 24 October 1, 2018
Section 25 January 1, 2012
March 30, 2022
Section 26 January 1, 2012
Section 27 January 1, 2012
Section 28 January 1, 2012
Section 30 January 1, 2012
Section 31.1 May 7, 2020
January 1, 2023
Section 34 May 17, 2021
Section 40 December 1, 2011
May 17, 2021
Section 41 December 1, 2011
Section 42 March 30, 2022
Section 43 May 17, 2021
Section 44 December 1, 2011
May 17, 2021
Section 45 December 1, 2011
Section 47 May 17, 2021
Section 49 March 30, 2022
Section 52 June 1, 2020
Section 53 December 1, 2011
May 17, 2021
March 30, 2022
Section 54 December 1, 2011
Section 55 December 1, 2011
July 27, 2018
Section 56 December 1, 2011
July 19, 2016
May 17, 2021
Section 56.1 May 31, 2012
Section 57 December 1, 2011
May 17, 2021
March 30, 2022
Part 5 October 1, 2009
Section 74 November 8, 2009
Section 75 November 8, 2009
Section 77 December 1, 2011
September 1, 2012
Part 7 Section 78 to 81 December 1, 2019
Schedule A December 1, 2011
Schedule B May 17, 2021
 Schedule C Section 1 October 1, 2009
June 1, 2020
 Schedule C Section 2 June 1, 2020
Schedule D January 1, 2012
October 1, 2018
Schedule E June 22, 2010
December 1, 2011
Schedule G May 17, 2021
Schedule H October 1, 2009
December 1, 2013
July 19, 2016
March 30, 2022

 Section 1 definition of "criminal record check" BEFORE amended by BC Reg 202/2011, effective December 1, 2011.

"criminal record check" means a criminal record check under the Criminal Records Review Act;

 Section 1 definition of "parent" (part) BEFORE amended by BC Reg 354/2012, effective March 18, 2013.

"parent" means the parent of a child or, if applicable,

 Section 1 definition of "day of school closure" was added by BC Reg 178/2016, effective July 19, 2016.

 Section 1 definition of "period of school closure" BEFORE repealed by BC Reg 178/2016, effective July 19, 2016.

"period of school closure" means any period during which school is closed to students, including during the summer, spring and winter vacations, statutory holidays, and any days set aside in the school calendar for administrative days or other days when students are not in attendance;

 Section 1 definition of "board of education" was added by BC Reg 130/2021, effective May 17, 2021.

 Section 1 definition of "personal residence" BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

"personal residence" means the place where a person usually makes his or her home;

 Section 2 (1) (f) (ii) BEFORE repealed by BC Reg 202/2011, effective December 1, 2011.

(ii)  to each child for no more than 40 hours in a calendar month;

 Section 2 (2) was added by BC Reg 202/2011, effective December 1, 2011.

 Section 2 (2) (a) and (b) BEFORE amended by BC Reg 121/2013, effective March 20, 2013.

(a) child-minding services are provided by a person who, under contract to the government, operates a program that provides services to immigrants in respect of English as a Second Language, settlement or labour market integration;

(b) operation of the child-minding service is included within the terms of the contract referred to in paragraph (a);

 Section 2 (1) (d) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(d) Group Child Care (School Age), being a program that provides, before or after school hours or during periods of school closure, care to children who attend school, including kindergarten;

 Section 2 (1) (i) and (j) were added by BC Reg 130/2021, effective May 17, 2021.

 Section 2.1 was enacted by BC Reg 118/2020, effective June 1, 2020.

 Section 2.1 (2) BEFORE amended by BC Reg 192/2022, effective September 27, 2022.

(2) Subsection (1) (b) does not apply to the care program prescribed under section 2 (1) (d) [Group Child Care (School Age)].

 Section 2 (1) (d) and 3 (3) were added by BC Reg 102/2011, effective June 9, 2011.

 Section 3 (1) (b) BEFORE amended by BC Reg 202/2011, effective December 1, 2011.

(b) a course of activity or study for children that has the promotion of specific recreational, artistic, musical or athletic skills as its only purpose;

 Section 3 (1) (g) BEFORE repealed by BC Reg 332, s.3 (3) effective December 1, 2011.

(g) a child-minding service, if

(i)  the child-minding service is operated by a person who, under contract to the government as represented by the Ministry of Jobs, Tourism and Innovation, operates a program that provides English as a Second Language or settlement services,

(ii)  operation of the child-minding service is included within the terms of the contract referred to in subparagraph (i), and

(iii)  each child's parent is engaged in a program referred to in subparagraph (i) on the same premises as where the child-minding service operates and is immediately accessible at all times to attend to the child's needs.

 Section 3 (1) (part) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(1) Subject to subsection (2), the following are exempt from the Act:

 Section 3 (1) (d) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(d) a program commonly known as a summer camp or day camp that

(i) is provided only to children aged

(A) 6 years or older, or

(B) 5 years or older, if each child who is 5 years old is entitled to enrol in grade 1,

(ii) operates for no more than 13 weeks in each calendar year, and

(iii) operates only during periods of school closure;

 Section 3 (1) (d.1) was added by BC Reg 178/2016, effective July 19, 2016.

 Section 3 (2.1) was added by BC Reg 178/2016, effective July 19, 2016.

 Section 3 (3) BEFORE repealed by BC Reg 178/2016, effective July 19, 2016.

(3) Subsection (1) (g) is repealed December 1, 2011.

 Section 3 (2.1) BEFORE amended by BC Reg 130/2021, effective May 17, 2021.

(2.1) A summer camp or day camp is not exempt if it is operated in a single family dwelling.

 Section 4 BEFORE re-enacted by BC Reg 178/2016, effective July 19, 2016.

Use of terms prohibited if this regulation does not apply

4   A program for children to which this regulation or the School Act does not apply must not, in any part of the title or advertising of the program,

(a) use the words "care" or "school", or

(b) imply, directly or indirectly, that the primary purpose of the program is to provide care, regulated under this or another enactment, for children.

 Section 4 (a) (vii) and (viii) were added by BC Reg 130/2021, effective May 17, 2021.

 Section 9 (2) was added by BC Reg 95/2009, effective October 1, 2009.

 Section 9 (1) (part) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.

(1) A person who is 19 years old or older may apply for a licence by submitting to a medical health officer both

 Section 9.1 was enacted by BC Reg 118/2020, effective June 1, 2020.

 Section 10 (3) was added by BC Reg 130/2021, effective May 17, 2021.

 Section 11 (4) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(4) A licensee must display in a prominent place in the community care facility the certificate of any educator or assistant employed to work in the community care facility.

 Section 13 (3) BEFORE amended by BC Reg 178/2016, effective September 1, 2016.

(3) A licensee must ensure that, while children are under the supervision of employees, no one smokes on the premises of a community care facility or in any vehicle used by employees to transport children.

 Section 13 (5) was added by BC Reg 178/2016, effective September 1, 2016.

 Section 13 (3) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.

(3) A licensee must ensure that, while children are under the supervision of employees, no one smokes or uses tobacco, holds lighted tobacco, uses an e-cigarette or holds an activated e-cigarette on the premises of a community care facility or in any vehicle used by employees to transport children.

 Section 13 (5) definitions of "cannabis", "medical cannabis", "restricted consumption" and "smoke or vape cannabis" were added by BC Reg 118/2020, effective June 1, 2020.

 Section 14 (1) BEFORE amended by BC Reg 202/2011, effective December 1, 2011.

(1)  A licensee, other than a licensee who provides a care program described as Family Child Care, must have for each child at least 3.7 m2 of usable floor area in the community care facility, excluding

 Section 14 (5) was added by BC Reg 130/2021, effective May 17, 2021.

 Section 14.1 was enacted by BC Reg 130/2021, effective May 17, 2021.

 Section 15 (1.1) was added by BC Reg 130/2021, effective May 17, 2021.

 Section 16 (1) BEFORE amended by BC Reg 202/2011, effective December 1, 2011.

(1)  A licensee, other than a licensee who provides a care program described as Occasional Child Care, must have for each child at least 7 m2 of outdoor play area.

 Section 16 (1) and (2) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(1) A licensee, other than a licensee who provides a care program described as Occasional Child Care or Child-minding, must have for each child at least 7 m2 of outdoor play area.

(2) Subsection (1) does not apply to a licensee who provides a care program described as Family Child Care, but the licensee must provide an indoor and outdoor play area for children.

 Section 16 (2.1) was added by BC Reg 178/2016, effective July 19, 2016.

 Section 16 (5) and (6) were added by BC Reg 130/2021, effective May 17, 2021.

 Section 19 (1) (e) BEFORE repealed by BC Reg 178/2016, effective July 19, 2016.

(e) a statement signed by a medical practitioner indicating that the person is physically and psychologically capable of working with children and carrying out assigned duties in a community care facility;

 Section 19 (4) (a) BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

(a) an educator or an assistant unless the person holds a certificate issued under Division 2 [Employee Qualifications], or

 Section 19 (5) was added by BC Reg 178/2016, effective July 19, 2016.

 Section 20 (2) BEFORE amended by BC Reg 130/2021, effective May 17, 2021.

(2) For the purposes of subsection (1), a parent who is only picking up or dropping off a child at a community care facility is not "ordinarily present".

 Section 22 (1) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.

(1) A licensee must have all of the following:

(a) emergency exits and a fire drill system approved by a local assistant within the meaning of the Fire Services Act;

(b) an emergency plan that sets out procedures to prepare for, mitigate, respond to and recover from any emergency.

 Section 22 (1) (a) (i) and (ii) BEFORE amended by BC Reg 130/2021, effective May 17, 2021.

(i) emergency exits that meet the requirements of the BC Building Code, and

(ii) a fire drill system that is approved as defined in section 31 of the Fire Services Act, and

 Section 24 (1) BEFORE amended by BC Reg 188/2018, effective October 1, 2018.

(1) The director of the early childhood educator registry is the person who holds the position of "Director" of the office responsible for child care programs and services in the ministry of the minister responsible for the Child, Family and Community Services Act.

 Section 25 (1) (b) and (c) BEFORE amended by BC Reg 202/2011, effective January 1, 2012.

(b) has successfully completed a basic early childhood education training program through an educational institution listed in item 1 of Schedule D;

(c) provides a written reference from an educator stating that the person is personally satisfied, from his or her own observations of the applicant, that the applicant is competent

 Section 25 (1) (d) (i) (ii) BEFORE amended by BC Reg 202/2011, effective January 1, 2012.

(i)  having completed at least 500 hours of work experience relevant to early childhood education, or

(ii)  sufficient child care experience that the director is satisfied that the applicant has become competent in the matters set out in paragraph (c);

 Section 25 (2) was added by BC Reg 202/2011, effective January 1, 2012.

 Section 25 (1) (c) (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(c) provides a written reference from the educator who supervised the work experience referred to in paragraph (d) stating that the person is personally satisfied, from his or her own observations of the applicant, that the applicant is competent

 Section 26 (b) and (c) BEFORE amended by BC Reg 202/2011, effective January 1, 2012.

(b) qualifies for an early childhood educator certificate under section 25, and

(c) has successfully completed, as applicable,

(i)  a special needs early childhood educator training program through an educational institution listed in item 2 (a) of Schedule D, or

(ii)  an infant and toddler educator training program through an educational institution listed in item 2 (b) of Schedule D.

 Section 27 BEFORE re-enacted by BC Reg 202/2011, effective January 1, 2012.

 Early childhood educator assistant certificate

27  The director may issue an early childhood educator assistant certificate to an applicant who does all of the following:

(a) submits an application to the director;

(b) has successfully completed at least one course of a basic early childhood education training program in child development, guidance, health and safety, or nutrition, through an educational institution listed in item 1 of Schedule D;

(c) demonstrates to the satisfaction of the director that the applicant

(i)  is of good character,

(ii)  has the personality, ability and temperament necessary to manage or work with children, and

(iii)  has the training and experience and demonstrates the skills necessary to be an early childhood educator assistant.

 Section 28 (1) (ii) BEFORE amended by BC Reg 202/2011, effective January 1, 2012.

(ii)  through an educational institution that is not listed in the applicable provision of Schedule D, and

 Section 30 BEFORE amended by BC Reg 202/2011, effective January 1, 2012.

 Expiry and renewal of certificates

30  (1)  A certificate expires on the 5th anniversary after its date of issue.

(2)  Subject to subsection (5), an application to renew a certificate must be submitted to the director before the certificate expires.

(3)  The director may renew an early childhood educator certificate, a special needs early childhood educator certificate or an infant and toddler educator certificate if satisfied that the applicant

(a) is of good character and,

(b) during the term of the current certificate, has completed at least 40 hours of professional development and 400 hours of work experience, both relevant to early childhood education.

(4)  The director may renew an early childhood educator assistant certificate if satisfied that the applicant

(a) is of good character and,

(b) during the term of the current certificate, has completed

(i)  400 hours of work experience relevant to early childhood education, and

(ii)  one additional course of a basic early childhood education training program through an educational institution listed in item 1 of Schedule D.

(5)  The director may accept an application to renew a certificate after the certificate expires and issue a new certificate if the director is satisfied that

(a) the applicant's late application was due to circumstances beyond the applicant's control, and

(b) the applicant otherwise meets the criteria set out in subsection (3) or (4), as applicable.

 Section 31.1 was enacted by BC Reg 101/2020, effective May 7, 2020.

 Section 31.1 BEFORE self-repealed by BC Reg 332/2007, effective January 1, 2023.

Certificate extensions due to COVID-19 emergency

31.1   (1) In this section:

"2015 certificate" means a certificate that

(a) was issued under section 25, 26 or 27, or renewed under section 30, in 2015, and

(b) is valid as of the date this section comes into force;

"2019 one year certificate" means a certificate that

(a) was issued or renewed under section 31 in 2019, and

(b) is valid as of the date this section comes into force.

(2) Despite section 30 (1), a 2015 certificate expires on the 6th anniversary after its date of issue.

(3) Despite section 30 (4) (b), a 2015 certificate may be renewed if

(a) an application to renew the certificate is made before its expiry, and

(b) the work experience and training required under that provision are completed within 6 years before the renewal application is made.

(4) Section 30 (4) (b) applies to the renewal of a 2015 certificate if an application to renew the certificate is made after its expiry.

(5) Despite section 31 (4), a 2019 one year certificate may be renewed under section 31 (3) (b) twice.

(6) This section is repealed on January 1, 2023.

[en. B.C. Reg. 101/2020.]

 Section 34 (3.1) was added by BC Reg 130/2021, effective May 17, 2021.

 Section 40 (1) BEFORE amended by BC Reg 202/2011, effective December 1, 2011.

(1)  Subject to subsections (2) and (3), a licensee must not provide care for more than 13 hours each day to each child.

 Section 40 (4) was added by BC Reg 202/2011, effective December 1, 2011.

 Section 40 (1) BEFORE amended by BC Reg 130/2021, effective May 17, 2021.

(1) Subject to subsections (2) to (4), a licensee must not provide care for more than 13 hours each day to each child.

 Section 40 (5) was added by BC Reg 130/2021, effective May 17, 2021.

 Section 41 (3) BEFORE amended by BC Reg 202/2011, effective December 1, 2011.

(3)  A licensee providing a care program described as Preschool (30 Months to School Age) or Occasional Child Care must not provide overnight care.

 Section 42 BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

Positioning for sleep

42   A licensee must ensure that each child is positioned for sleep only on his or her back, unless the child can roll over without assistance.

 Section 43 BEFORE amended by BC Reg 130/2021, effective May 17, 2021.

Opportunities for growth

43   A licensee must, in addition to care, provide children with opportunities for social, emotional, physical and intellectual growth.

 Section 44 (5) was added by BC Reg 202/2011, effective December 1, 2011.

 Section 44 (6) was added by BC Reg 130/2021, effective May 17, 2021.

 Section 45 (4) was added by BC Reg 202/2011, effective December 1, 2011.

 Section 47 BEFORE amended by BC Reg 130/2021, effective May 17, 2021.

Heated water

47   A licensee must ensure that any heated water accessible to children is heated to no more than 49° Celsius.

 Section 49 (1) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(1) A licensee must ensure that a parent has reasonable access to his or her child while the child is in the community care facility.

 Section 52 (2) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.

(2) A licensee must ensure that a child is not, while under the care or supervision of the licensee, subjected to emotional abuse, physical abuse, sexual abuse or neglect as those terms are defined in Schedule H.

 Section 53 (1) BEFORE amended by BC Reg 202/2011, effective December 1, 2011.

(1)  If a licensee has agreed with a parent to give a child any medication prescribed by a medical practitioner or provided by the parent, the licensee and his or her employees must ensure that the medication is

 Section 53 (1.1) was added by BC Reg 202/2011, effective December 1, 2011.

 Section 53 (4) BEFORE amended and paragraphs (a) and (b) added by BC Reg 130/2021, effective May 17, 2021.

(4) A licensee must ensure that an employee who supervises a child who self-administers medication documents the administration of the medication in the child's care plan.

 Section 53 (1) (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(1) Subject to subsection (1.1), if a licensee has agreed with a parent to give a child any medication prescribed by a medical practitioner or provided by the parent, the licensee and his or her employees must ensure that the medication is

 Section 53 (2) (part) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(2) A licensee must ensure that a child's medication is not accessible to any child, except that a child may have access to his or her own medication if

 Section 54 (b) BEFORE amended by BC Reg 202/2011, effective December 1, 2011.

(b) ensure that the child is under the close supervision of a responsible adult.

 Section 55 (1.1) was added by BC Reg 202/2011, effective December 1, 2011.

 Section 55 (2) (b) BEFORE repealed by BC Reg 167/2018, effective July 27, 2018.

(b) it comes to the attention of the licensee that a child enrolled in the community care facility has a reportable communicable disease as listed in Schedule A or B of the Health Act Communicable Disease Regulation, B.C. Reg. 4/83.

 Section 56 (d.1) was added by BC Reg 202/2011, effective December 1, 2011.

 Section 56 BEFORE renumbered as 56 (1) by BC Reg 178/2016, effective July 19, 2016.

Community care facility records and policies

56   A licensee must keep current records of each of the following:

(a) written policies and procedures for the safe release of children;

(b) for each employee, the records required under section 19 (1) [character and skill requirements];

(c) a record respecting compliance with section 22 (2) (b) and (c)[emergency training and equipment];

(d) written policies and procedures that are intended to guide employees in the care and supervision of children;

(d.1) in the case of a licensee who provides a care program described as Child-minding, written policies and procedures that are intended to guide employees in

(i) monitoring the premises where the child-minding service operates to ensure that a parent of each child is present and accessible, and

(ii) responding if a parent is found not to be present or accessible;

(e) written policies and procedures respecting food and drink to be given to children;

(f) a log of minor accidents, illnesses and unexpected events involving children, that did not require medical attention and were not reportable incidents described in Schedule H.

[am. B.C. Reg. 202/2011, s. 18.]

 Section 56 (2) was added by BC Reg 178/2016, effective July 19, 2016.

 Section 56 (1) (a.1) was added by BC Reg 130/2021, effective May 17, 2021.

 Section 56.1 was enacted by BC Reg 110/2012, effective May 31, 2012.

 Section 57 (1) BEFORE amended by BC Reg 202/2011, effective December 1, 2011.

(1)  A licensee must keep current records for each child showing the information set out in subsection (2) and the consents referred to in subsection (3).

 Section 57 (2.1) to (2.3) were added by BC Reg 202/2011, effective December 1, 2011.

 Section 57 (2.4) was added by BC Reg 130/2021, effective May 17, 2021.

 Section 57 (2) (e) BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

(e) any illness, allergy or medical disability disclosed to the licensee by the child or his or her parent or medical practitioner;

 Part 5, sections 61 to 73 BEFORE repealed by BC Reg 95/2009, effective October 1, 2009.

Part 5 - Residential Care

Division 1 - General Matters

 Residential care prescribed

61  (1)  For the purposes of paragraph (b) of the definition of "care" in section 1 of the Act, residential care is prescribed, being a program of residential care in which each person in care

(a) ordinarily resides in the community care facility, and

(b) is younger than 19 years of age.

(2)  In this Part, "licensee" means a licensee providing a program of residential care.

 Application of this regulation

62  (1)  This Part applies only to a licensee who provides a program of residential care, as described in section 61 [residential care prescribed].

(2)  Subject to any provision to the contrary in this Part, and without limiting any other provision in this Part, the following sections of Parts 1 to 4 apply to a program of residential care as if it were a care program under those Parts:

(a) sections 5 and 6 [exemptions and variations];

(b) section 7 and Division 1 of Part 2 [applications and licensing];

(c) sections 13, 15 (1) and (2), 16 (3) and (4) and 17 [facility requirements];

(d) section 14 (4) [physical requirements of facility], if any person in care requires the use of diapers;

(e) sections 18, 19 (1) to (3), and 21 to 23 [requirements respecting employees, health and training];

(f) section 20 [additional criminal record checks], except that a criminal record check is not required in respect of a person in care who is over the age of 12;

(g) section 46 (1) and, if any person in care requires the use of diapers, 46 (2) [health and hygiene];

(h) section 47 [heated water];

(i) Division 2 of Part 4 [Guidance and Treatment of Children];

(j) sections 54 and 55 [illness or injury];

(k) section 56 to 58 [records and care plans];

(l) in respect of a record referred to in this Part or a record that must be made under Parts 1 to 4 as a result of the application of this section, sections 59 [records must be available] and 60 [how long records must be kept];

(m) Schedules A, B, C, G and H.

(3)  In addition to the provisions listed in Schedule A of this regulation, a medical health officer may not grant an exemption from section 10.9 [restrictions on the use of restraints] of the Adult Care Regulations, B.C. Reg. 536/80.

 Application of Adult Care Regulations

63  Subject to any provision to the contrary in this Part, and without limiting any other provision in this Part, the following sections of the Adult Care Regulations, B.C. Reg. 536/80, apply to a program of residential care as if it were a community care facility to which that regulation applies:

(a) section 5.15 [dining area];

(b) section 5.23 [fire safety requirements in residential care homes];

(c) section 6.8 (a) to (c) [general staffing coverage and patterns];

(d) section 7 (1) and (2) (a) [nutrition care plan in community care facilities], except that this section applies regardless of the number of persons in care in residence;

(e) sections 7.5 to 7.7 and 7.9 to 7.11 [nutrition and food services];

(f) sections 8 to 8.8 [medication];

(g) section 9 [policies respecting persons in care];

(h) section 9.3 [care plans];

(i) section 9.4 [confidentiality];

(j) sections 10.9 to 10.13 [restraints];

(k) section 13 [financial reports].

Division 2 - Facility Requirements

 Facility requirements

64  (1)  A licensee must have all of the following in a community care facility:

(a) a suitably furnished indoor activity room with at least 1 m2 of floor space for each person in care who, at any one time, may use the room;

(b) one toilet and one wash basin for every 5 persons in care;

(c) one bathtub, with a shower, for every 10 persons in care.

(2)  A licensee must ensure that each area of the community care facility has sufficient natural or artificial lighting and is maintained at a sufficient temperature

(a) to protect the health and safety of persons in care,

(b) to allow for regular activities to be carried out comfortably, and

(c) within the bedroom of each person in care, to meet the person's needs and preferences.

 Persons in care requiring mobility aids

65  If a person in care requires a mobility aid, a licensee must ensure that

(a) the person in care has access to all public areas in, entrances to and exits from the community care facility, and that these are suitably equipped for the person in care's needs, and

(b) the person in care has access to a bathroom that is suitably equipped for the person in care's needs.

 Bedrooms

66  (1)  A licensee must not require a person in care to share a bedroom with

(a) more than one other person in care, and

(b) a person in care of the opposite sex, unless both persons in care are younger than 6 years old.

(2)  A licensee must ensure that each bedroom complies with, and is furnished in accordance with, the following standards:

(a) the floor area, excluding bathrooms, closets, cabinets and any fixed furniture, must be at least

(i)  if the bedroom has one occupant, 7.4 m2, or

(ii)  if the bedroom has 2 occupants, 5.6 m2 for each person in care;

(b) there is at least 1 m2 of additional floor area to that required under paragraph (a) for each person in care who requires a mobility aid;

(c) the bedroom must be dry, well ventilated and directly accessible from a hallway so that the person in care need not pass through another room to access the bedroom;

(d) the bedroom must have an exterior window that

(i)  provides natural light,

(ii)  has coverings that can be used to block light and provide privacy,

(iii)  unless it would be unsafe for the person in care, can be opened for ventilation, and

(iv)  in respect of persons who are non-ambulatory or require a mobility aid, provides those persons in care with visibility to the outside;

(e) for each person in care, there is

(i)  a bed and a safe storage area for the exclusive use of the person in care, and

(ii)  additional furniture, appropriate for the age level of the person in care, for storage of clothing and possessions;

(f) if 2 persons in care are accommodated in one bedroom in which personal care is given, screening is provided.

Division 3 - Operational Requirements

 Supervision of persons in care

67  A licensee must ensure that persons in care are supervised when outside the community care facility, to the extent that it is, and to a level that is, suitable for the age and development of the persons in care.

 Access to health services

68  A licensee must ensure that persons in care are assisted in obtaining health services as required.

 Menu planning and food services

69  (1)  A licensee must ensure that menu planning takes account of all of the following:

(a) the needs of the persons in care, including their ages, levels of activity, the requirements of any therapeutic diets, and any matters that may affect the ability of persons in care to consume, or safely consume, food and drink;

(b) the food preferences and cultural backgrounds of the persons in care;

(c) seasonal variations in food, and diversity of food texture and colour.

(2)  A licensee must ensure that persons in care are provided with snacks in addition to meals, as necessary to meet the needs of the persons in care.

(3)  A licensee must ensure that persons in care who are absent from the community care facility will be provided with meals and snacks as necessary to meet the needs of the persons in care.

(4)  A licensee must ensure that persons in care are given sufficient time in which to comfortably consume meals and snacks.

 Identification of persons in care

70  A licensee must keep, for each person in care, a photograph or digital image and other information that can be used to readily identify the person in care in an emergency.

 Persons who must not access persons in care

71  A licensee must keep a record of any person who is not permitted access to a person in care, and take reasonable steps to prevent that person from accessing the person in care.

 Records to be kept in a single place

72  A licensee must keep in a single place at the community care facility the records referred to in this Part.

 Weapons

73  A licensee must not permit weapons in or on the premises of a community care facility.

 Section 74 (5) and (6) BEFORE (5) repealed by (6), BC Reg 322/2009, effective November 8, 2009.

(5)  Despite section 30 (3) (b) [expiry and renewal of certificates], the director may renew the certificate of an educator who has not completed at least 40 hours of professional development if the educator

(a) has completed at least 12 hours of professional development relevant to early childhood education, and

(b) meets all other applicable requirements of that section.

(6)  Subsection (5) is repealed 2 years after the date section 30 comes into force.

 Section 75 (1) to (3) BEFORE repealed by (4), BC Reg 322/2009, effective November 8, 2009.

 Transition of care programs

75  (1)  A care program described as "Special Needs Day Care", "Emergency Care", "Child Minding, 18 Months to School Age", or "Occasional Child Care at Ski Hill or Resort" under B.C. Reg. 319/89, is, on the day this section comes into force, deemed to be a care program described as "Occasional Child Care" under this regulation for 2 years following the coming into force of this section.

(2)  Within 2 years after the day this section comes into force, a licensee to whom subsection (1) applies must apply to a medical health officer to have a licence issued either for a care program described as "Occasional Child Care" or, if the licensee's program fulfills the requirements of another care program, that other care program.

(3)  On receiving an application under subsection (2), a medical health officer must issue a licence to the applicant for

(a) a care program described in this regulation, if the applicant

(i)  has applied to be licensed as another care program, and

(ii)  the licensee's program meets the requirements of that care program, or

(b) in any other case, "Occasional Child Care".

(4)  This section is repealed 2 years after the date this section comes into force.

 Section 77 was enacted by BC Reg 202/2011, effective December 1, 2011.

 Section 77 BEFORE self-repealed by BC Reg 332/2007, effective September 1, 2012.

 Transition of Child-minding programs

77  (1)  An operator of a child-minding service described in section 3 (1) (g) that is operating immediately before the repeal of that section is deemed to hold a licence to operate a care program described as Child-minding.

(2)  A licence under subsection (1) expires on the earlier of

(a) the cancellation of the licence under section 13 of the Act, and

(b) September 1, 2012.

(3)  This section is repealed September 1, 2012.

[en. B.C. Reg. 202/2011, s. 20.]

 Part 7 and sections 78 to 81 were enacted by BC Reg 189/2019, effective December 1, 2019.

 Schedule A, section 40 (3) (b) was added by BC Reg 202/2011, effective December 1, 2011.

 Schedule B, sections 1.1 and 1.2 were enacted by BC Reg 130/2021, effective May 17, 2021.

 Schedule C, section 1 (b) BEFORE amended by BC Reg 95/2009, effective October 1, 2009.

(b) the instructor of the course must be certified, by the agency that is issuing the first aid certificate, to provide instruction in first aid;

 Schedule C, section 1 (c) BEFORE repealed by BC Reg 95/2009, effective October 1, 2009.

(c) the certification agency in paragraph (b) must be the Canadian Ski Patrol, the Lifesaving Society, the Canadian Red Cross, the Canadian Heart and Stroke Foundation or St. John Ambulance of Canada;

 Schedule C, section 1 BEFORE re-enacted by BC Reg 118/2020, effective June 1, 2020.

1   For the purposes of section 23 (1) [first aid], the employee must hold a valid first aid and CPR certificate from a course that meets the following requirements:

(a) the course must offer at least 8 hours of instruction;

(b) the instructor of the course must be a certified first aid specialist;

(c) Repealed. [B.C. Reg. 95/2009, s. 3.]

(d) the first aid certificate

(i) is issued only after the employee has successfully completed an examination that includes demonstration and evaluation of the skills relevant to the components described in section 2 of this Schedule,

(ii) is signed by the instructor,

(iii) expires no more than 3 years from the date of issue, and

(iv) is not renewable unless the holder, before the expiry date, participates in at least 8 hours of further instruction followed by an examination that includes demonstration and evaluation of the skills relevant to the components described in section 2.

 Schedule C, section 2 (part) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.

2   A first aid course is not sufficient for the purposes of section 23 [first aid] unless the course provides instruction in, and requires successful completion of, an examination that includes demonstration and evaluation of skills relevant to the following matters in respect of children and infants:

 Schedule C, section 2 (m) BEFORE amended by BC Reg 118/2020, effective June 1, 2020.

(m) cardiovascular emergencies;

 Schedule C, section 2 (s) was added by BC Reg 118/2020, effective June 1, 2020.

 Schedule D BEFORE re-enacted by BC Reg 202/2011, effective January 1, 2012.

Schedule D

(sections 25 to 28 [educator and assistant certificates])

1 Basic Early Childhood Education Programs
Angela Martin Training CentreNorthern Lights College
Burnaby School District No. 41Northwest Community College
Camosun CollegeOkanagan College
Capilano CollegePacific Rim Early Childhood Institute Inc.
College of New CaledoniaRidge Meadows College
College of the RockiesSelkirk College
Columbia Bible CollegeSprott-Shaw Community College (New Westminster, and Penticton campuses)
Delta School Board No. 37Stenberg College
Douglas CollegeSurrey College
Langara CollegeThompson Rivers University
Langley CollegeUniversity College of
the Fraser Valley
Lethbridge Community College,
Alberta (*One year
certificate program plus
additional courses for BC)
University of Victoria,
School of Child
and Youth Care
MTI Community College
(Vancouver, Surrey, Metrotown
and Chilliwack campuses)
University of Victoria First
Nations Partnerships Programs
Malaspina University CollegeVancouver Career College
(Burnaby, Coquitlam and
Kelowna campuses)
Montessori Training Centre of BCVancouver Community College
Nicola Valley Institute of TechnologyYukon College, Yukon
North Island College
North Shore Continuing Education
2 Post-basic Early Childhood Education Programs
(a) Special needs
Burnaby School District No. 41North Island College
Camosun CollegeNorthern Lights College
Capilano CollegeNorthwest Community College
College of New CaledoniaOkanagan College
College of the RockiesPacific Rim Early
Childhood Institute Inc.
Columbia Bible CollegeSelkirk College
Delta School Board No. 37Thompson Rivers University
Douglas CollegeUniversity College of
the Fraser Valley
Langara CollegeUniversity of Victoria, School
of Child and Youth Care
Langley CollegeUniversity of Victoria First
Nations Partnerships Programs
Malaspina University CollegeVancouver Career College
(Burnaby campus)
MTI Community College
(Vancouver, Surrey, Metrotown
and Chilliwack campuses)
Vancouver Community College
(b) Infant and Toddler
Burnaby School District No. 41North Island College
Camosun CollegeNorthern Lights College
Capilano CollegeNorthwest Community College
College of New CaledoniaOkanagan College
College of the RockiesPacific Rim Early
Childhood Institute Inc.
Columbia Bible CollegeSelkirk College
Delta School Board No. 37Thompson Rivers University
Douglas CollegeUniversity College of
the Fraser Valley
Langara CollegeUniversity of Victoria First
Nations Partnerships Programs
Langley CollegeUniversity of Victoria, School
of Child and Youth Care
Malaspina University CollegeVancouver Career College
(Burnaby campus)
MTI Community College
(Vancouver, Surrey, Metrotown
and Chilliwack campuses)
Vancouver Community College

 Schedule D BEFORE re-enacted by BC Reg 188/2018, effective October 1, 2018.

Schedule D

[en. B.C. Reg. 202/2011, s. 22.]

(sections 25 to 28 [educator and assistant certificates])

Educator and assistant certificates

1   An educational institution listed in Column 2 is recognized for the purposes of

(a) section 25 (1) (b) [early childhood educator certificate] and 27 (b) [early childhood educator assistant certificate] if indicated in Column 3,

(b) section 26 (c) (i) [special needs early childhood educator certificate] if indicated in Column 4, and

(c) section 26 (c) (ii) [infant and toddler educator certificate] if indicated in Column 5.

Column
1
Item
Column
2
Educational Institution
Column
3
ECE,
Assistant
Column
4
Special Needs
Column
5
Infant/ Toddler
1Burnaby School District No. 41YesYesYes
2Camosun CollegeYesYesYes
3Capilano University (formerly Capilano College)YesYesYes
4Capital CollegeYes  
5College of New CaledoniaYesYesYes
6College of the RockiesYesYesYes
7Columbia Bible CollegeYesYesYes
8Delta School Board No. 37YesYesYes
9Douglas CollegeYesYesYes
10Langara CollegeYesYesYes
11Lethbridge Community College, AB (One year certificate program & additional courses for BC)Yes  
12MTI Community College (Chilliwack, Coquitlam & Metrotown campuses)YesYesYes
13MTI Community College (Abbotsford, Surrey & Vancouver campuses)Yes  
14Montessori Training Centre of BCYes Yes
15Native Education CollegeYesYesYes
16Nicola Valley Institute of TechnologyYesYesYes
17North Island CollegeYesYesYes
18Northern Lights CollegeYesYesYes
19Northwest Community CollegeYesYesYes
20Okanagan CollegeYesYesYes
21Pacific Rim Early Childhood Institute Inc.YesYesYes
22Ridge Meadows CollegeYes  
23Selkirk CollegeYesYesYes
24Sprott-Shaw Community College (New Westminster & Victoria campuses)YesYesYes
25Sprott-Shaw Community College (Kamloops, Penticton & Surrey campuses)Yes  
26Stenberg CollegeYes  
27Surrey CollegeYes  
28Thompson Rivers UniversityYesYesYes
29University of the Fraser Valley (formerly University College of the Fraser Valley)YesYesYes
30University of Victoria, School of Child and Youth Care, Early Years SpecializationYes  
31University of Victoria First Nations Partnerships ProgramsYesYesYes
32Vancouver Career College (Burnaby & Surrey campuses)YesYesYes
33Vancouver Career College (Abbotsford, Coquitlam, Kelowna &
Vancouver campuses)
Yes  
34Vancouver Community CollegeYesYesYes
35Vancouver Island University (formerly Malaspina University College)YesYesYes
36Yukon College, YKYes  

 Schedule E, table (part) BEFORE amended by BC Reg 175/2010, effective June 22, 2010.

Group Child Care (School Age),
if any preschool child or child in
grade 1 is present
20≤ 10One responsible adult
11 – 202 responsible adults
Group Child Care (School Age),
if no preschool child or child in
grade 1 is present
25≤ 15One responsible adult
16 – 252 responsible adults

 Schedule E, table item "Child-minding" was added by BC Reg 202/2011, effective December 1, 2011.

 Schedule G, section 4 (c) BEFORE amended by BC Reg 130/2021, effective May 17, 2021.

(c) providing a comfortable atmosphere in which children feel proud of their cultural heritage and cultural sharing is encouraged.

 Schedule H, section 1 definition of "fall" BEFORE amended by BC Reg 95/2009, effective October 1, 2009.

"fall", which means a fall of such seriousness, experienced by a child, as to require emergency care by a medical practitioner or transfer to a hospital;

 Schedule H, section 1 definitions "choking" and "food poisoning" were added by BC Reg 95/2009, effective October 1, 2009.

 Schedule H, section 1 definition of "choking" BEFORE amended by BC Reg 205/2013, effective December 1, 2013.

"choking" means a choking incident involving a person in care that requires emergency care by a medical practitioner or nurse practitioner, or transfer to a hospital;

 Schedule H, section 1 definition of "emergency restraint" BEFORE amended by BC Reg 178/2016, effective July 19, 2016.

"emergency restraint", which means any use of a restraint that is not approved and documented in a child's care plan;

 Schedule H, section 1 definitions of "attempted suicide" and "service delivery problem" BEFORE amended by BC Reg 76/2022, effective March 30, 2022.

"attempted suicide", which means an attempt by a child to take his or her own life;

"service delivery problem", which means any condition or event which could reasonably be expected to impair the ability of the licensee or his or her employees to provide care, or which affects the health, safety or well-being of children;