Feb 11, 2014 in News Negligent Supervision

Negligent Supervision: Ontario adopts tougher unlicensed daycares policy

Ontario's education ministry is cracking down on unlicensed daycares by introducing dramatically higher fines and the possibility of shutting down a daycare within its newly introduced legislation.

The new Child Care Modernization Act, if passed would replace the Day Nurseries Act, rose the maximum fines to $250,000 from $2,000, if caregivers are prosecuted in court for illegal offences. Caregivers may also be charged a $100,000 penalty for each discovered infraction.

Also, the ministry will be able to shut down a daycare immediately if it's suspected that the kids are in danger. Currently, officials had to go to court to issue fines and shut down daycares, according to the Toronto Star.

Unlicensed daycares will continue to only care for a maximum of five children, but their own children, if under six-years-old, will also be included in this number. They will also be required to follow similar regulation as licensed daycares in regards to only caring for two children under two-years-old, Minister Elizabeth Sandals told the Toronto Star.

Licensed home childcare providers will also be able to raise three maximum number of kids they care for to six from five. This is expected to create an extra 6,000 spaces in licensed daycares. The Education Act will also push school boards to offer before- and after-school programming for six- to 12-year-olds where there is enough demand.

Any private schools caring for more than five children under four-years-old will need to be licensed. While care provided by relatives, nannies, babysitters, day camps, play areas in stores and recreation programs does not need to be licensed.

Childcare advocates applaud the proposed legislation, but unfortunately this comes about after a two-year-old died in an unlicensed Vaughan daycare, which also had unhealthy conditions for the other 27 children the caregiver was looking after. Since then, the family of the child filed a $3.5 million lawsuit against the childcare provider and the Ontario Ministry of Education.

Meanwhile, the specific age restrictions are one step towards improving Ontario's lax attitude towards unlicensed daycares compared to other provinces, according to the Toronto Star.

The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries and wrongful death cases for over 43 years including those arising from negligent supervision of your children. We understand the impacts injuries can have on you and your family's life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.

Photo credit: Cincomomo/Creative Commons