PLEASE NOTE

This document, prepared by the Legislative Counsel Office, is an office

consolidation of this regulation, current to November 8, 2005. It is intended for
information and reference purposes only.
This document is not the official version of these regulations. The regulations and
the amendments printed in the Royal Gazette should be consulted to determine the
authoritative text of these regulations.
For more information concerning the history of these regulations, please see the
Table of Regulations.
If you find any errors or omissions in this consolidation, please contact:
Legislative Counsel Office
Tel: (902) 368-4291
Email: legislation@gov.pe.ca

CHAPTER C-5
CHILD CARE FACILITIES ACT
REGULATIONS
Pursuant to section 8 of the Child Care Facilities Act R.S.P.E.I. 1988,
Cap. C-5, Council made the following regulations:
1. In these regulations

Definitions

(a) Act means the Child Care Facilities Act R.S.P.E.I. 1988, Cap.
C-5;

Act

(b) day care home means a facility in a private residence whose

primary objective, in the judgment of the Board, is to provide
relatively informal care emphasizing family oriented activities for
children;

day care home

(c) early childhood centre means a facility whose primary

objective, in the judgment of the Board, is to provide an early
childhood developmental program emphasizing age appropriate
activities;

early childhood
centre

(d) extension unit means a one semester university course in early

childhood development, a community college course or an
equivalent course from an agency or institution approved by the
Board, for the purpose of qualifying for certification;

extension unit

(e) group size means the number of children with whom a child
may be engaged in an activity at one time in a child care facility;

group size

(f) occasional centre means a facility which, in the judgment of

the Board, provides child care to individual children on a one time
only or irregular basis regardless of its hours of operation, and
focuses primarily on supervision;

occasional centre

(g) program staff means a staff person engaged in the care,

supervision or developmental aspects of the operation of a facility;

program staff

(h) program volunteer means a person who volunteers to assist at

a facility and works under the direction of a qualified person;

program volunteer

(i) public health officer means a person appointed as a health

officer under the Public Health Act R.S.P.E.I. 1988, Cap. P-30;

public health officer

Cap. C-5

Child Care Facilities Act

Regulations

Updated 2005

qualified

(j) qualified means a person who has satisfied the requirements for
and received a staff certificate or a supervisor's certificate from the
Board;

school age child

care centre

(k) school age child care centre means a facility that operates
outside of school hours and, in the judgment of the Board, provides
a relatively unstructured program emphasizing supervision and
recreation for school age children;

staff certificate

(l) staff certificate means a certificate issued under section 35;

supervisor

(m) supervisor means a person who is responsible for directing the

care offered by a facility;

supervisor's
certificate

(n) supervisor's certificate means a certificate issued under section

35;

unit of continuing
education

(o) unit of continuing education means a one semester university

course in early childhood development, a community college course,
30 hours of training in other programs or any other combination of
courses or seminars as approved by the Board;

year of experience

(p) year of experience means 800 hours of work in a licensed

facility recognized by the Board. (EC475/87)
PART I
LICENSE

Application for
license

2. An applicant for a license shall on initial application

(a) complete an application in the form set out in Schedule A;
(b) furnish such additional information or explanation as the Board
may require;
(c) on request, provide evidence, in the form of copies of
certificates, permits or reports issued by the appropriate provincial
authorities, of compliance with the prescribed standards for fire
safety and hygiene and of adequate coverage for liability insurance
extending to both indoor and outdoor activities conducted by the
facility; and
(d) pay a licensing fee of twenty-five dollars. (EC475/87; 123/92)

Types of facilities

3. The Board may grant a license to the following types of facilities,

based on the Board's judgment of the character of the facility's operation:
(a) Type I - early childhood centre;
(b) Type II - day care home, occasional centre, school age child care
centre. (EC475/87)

Details of license

4. (1) A license shall be signed by the chairman of the Board and shall
show the name and location of the facility, the name of the supervisor,

Updated 2005

Child Care Facilities Act

Regulations

Cap. C-5

the maximum number of children allowed, the type of facility, any

conditions attached to the license, the serial number of the license and
the date of expiry.
(2) Any advertising of the facility shall cite the serial number of its
license.

Advertising of
facility

(3) The supervisor shall display the license and make available all
policies of the facility relating to service charges, hours of operation,
programs and other matters concerning the facility of interest to parents.
(EC475/87)

Display of license

5. The Board may issue to an applicant a provisional license that shall

expire not later than six months from the date of issue in order to enable
a facility to operate on a conditional basis. (EC475/87)

Provisional license

6. (1) An applicant seeking renewal of a license shall, at least 30 days

prior to its expiry, apply to the Board outlining any alteration in the
information given under section 2.

Renewal of license

(2) The Board, if it is satisfied that the prescribed standards are met,
shall, upon payment of a fee of twenty-five dollars, renew the license.

Idem

(3) A license which is in effect at the time of the coming into force of
these regulations shall be valid until the expiry date stated thereon.
(EC475/87; 147/92)

Transition period

7. (1) The license of a facility is not transferable; a new license shall be

required in case of sale, transfer of ownership, change of supervisor,
change of location or any other significant alteration in the operation of
the facility.

License, not
transferable

(2) The holder of a license shall notify the Board in writing prior to
any of the changes described in subsection (1). (EC475/87)

Notice of change

8. (1) Where the Board intends to refuse to issue or renew, to suspend,

revoke or impose a restrictive condition on a license, it shall in writing
inform the applicant or licensee, as the case may be, of the proposed
decision and the reasons therefor, and shall offer the applicant or licensee
an opportunity to appear before it to challenge the proposed decision.

Refusal of license

(2) Following the hearing provided for in subsection (1) or when the
affected applicant or supervisor has declined or failed without reasonable
excuse to attend the hearing, the Board shall formally make its decision
regarding the license and shall so inform the applicant or licensee in
writing.

Decision of Board

Advice to Minister

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Child Care Facilities Act

Regulations

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(3) Where the said decision is to refuse to issue or renew, to suspend,

revoke or impose a restrictive condition on the license, the Board shall in
writing inform the Minister and recommend whatever action it believes
should be taken. (EC475/87)

Appeal of decision

9. (1) A person wishing to appeal a decision made by the Board with

respect to a license shall, within 10 days of receiving notice of the
decision, notify the Minister in writing of his intent to appeal.

Establishment of
Appeal Panel

(2) Within ten days of receiving a notice of appeal, the Minister shall
arrange for the establishment of an Appeal Panel, comprising a nominee
of the appellant, a nominee of the Board, and a third person as chairman
who shall be chosen jointly by the two nominees or, that failing,
appointed by the Minister.

Appeal inquiry

(3) The Appeal Panel shall conduct such inquiry as it sees fit, ensuring
that each party has an opportunity to be heard in person or by legal
counsel.

Decision of Appeal
Panel

(4) The Appeal Panel shall render a decision, consistent with the Act
and regulations within 30 days of receipt by the Minister of the notice of
appeal, and shall so inform the Minister, Board and appellant.
(EC475/87)

Authorization
updated

10. (1) The licensee shall be responsible for keeping all required
authorizations, including fire safety and hygiene, up to date.

Inspector's report

(2) An inspector shall, following an inspection of a facility, make the

findings, recommendations and directions known to the applicant or
licensee and to the Board. (EC475/87)
PART II
PHYSICAL FACILITIES

Activity space,
clean

11. The Board shall ensure that all space used in connection with any
activity of a facility is clean, safe and readily accessible to the children.
(EC475/87)

Indoor and outdoor

space

12. A facility shall provide a minimum of 3/1/2 square metres of indoor

space and a minimum of 7 square metres of outdoor space for each child
enrolled in the facility. (EC475/87)

Idem

13. Where there is no outdoor space immediately adjacent to the facility,

nearby parks or other open space, which in the Board's judgment is
appropriate to the nature of the program activities offered, may be used.
(EC475/87)

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14. Every supervisor shall provide and maintain in safe condition

equipment for the use of children which is
(a) relevant to the developmental capabilities of children enrolled;
(b) in compliance with the requirements of the Hazardous Products
Act (Canada) R.S.C. 1985, Chap. H-3; and
(c) located in areas accessible for independent selection by children.
(EC475/87)

Equipment

PART III
PUBLIC HEALTH
15. (1) A facility shall be inspected for initial licensure and at least
annually thereafter by a public health officer.

Public health
inspection

(2) A facility shall be in a state of good repair and sanitation and, in

general, safe and reasonably comfortable for the children, according to
any requirements under the Public Health Act subject to the standards
prescribed in the regulations and to such interpretative policy direction as
may be given by the Board.

Meet Public Health

Act requirements

(3) The supervisor shall comply with a public health officer's direction
to remedy any unsatisfactory or unsafe condition. (EC475/87)

Compliance

16. (1) A facility shall have toilet and washing areas which are
satisfactory in the judgment of the public health officer for the maximum
number of children permitted in the license for the facility.

Washrooms

(2) A facility shall, if it provides a food service for the children, have a
sanitary food preparation area and follow practices to the satisfaction of
the public health officer. (EC475/87)

Food preparation

17. (1) The supervisor shall ensure that staff on duty are free of
communicable disease that is of such nature as to pose a significant risk
to the children.

Communicable
disease

(2) If required by a public health officer, the staff of a facility shall

submit to a medical examination and such other directions as may be
required for the protection of the children.

Medical
examination

(3) The supervisor shall comply with the directions of a public health
officer or inspector with respect to excluding children from attendance or
other precautions in cases of children infected with a communicable
disease. (EC475/87)

Direction of public
health officer,
communicable
disease

18. (1) Animals may be kept in a facility according to written guidelines

from a public health officer.

Animals

Cap. C-5

Smoking

(2) Smoking shall be prohibited in the presence of any child in a

facility.

Hot beverages

Child Care Facilities Act

Regulations

Updated 2005

(3) Hot beverages shall not be consumed in the proximity of children.

(EC475/87)
PART IV
FIRE, EMERGENCY AND SAFETY

Fire inspection

19. (1) A facility shall be inspected for initial licensure and at least
annually thereafter by a fire inspector empowered under the Fire
Prevention Act R.S.P.E.I. 1988, Cap. F-11.

Compliance with
Fire Prevention Act

(2) The supervisor shall ensure that a facility complies with the said
Act, the regulations made and standards established thereunder, and with
directions of a fire inspector so as to prevent or remedy any unsafe
condition with respect to protecting children against fire. (EC475/87)

Emergency
procedures

20. (1) The supervisor shall establish, and keep posted in a prominent
place, procedures for dealing with emergencies.

Staff training in
emergency
procedures

(2) The supervisor shall ensure that all staff are properly trained in
carrying out the emergency procedures and shall require staff to practice
emergency evacuation procedures at least once a month.

Telephone

(3) Every supervisor shall provide a telephone in working order within

the premises of the facility.

Telephone numbers

(4) A list of the following telephone numbers shall be posted near the
telephone:
(a) fire department;
(b) police;
(c) hospital;
(d) physician;
(e) poison control centre;
(f) ambulance; and
(g) emergency replacement staff. (EC475/87)

First aid kit

21. (1) The supervisor shall provide and maintain a first aid kit, of a kind
approved by the Board, which is accessible to staff at all times.

First aid training

(2) The supervisor shall ensure that at least one staff person with
certified first aid training, of a kind approved by the Board, which has
been updated within the past 3 years, is in the facility at all times during
the hours of operation.

Replacement staff
in emergency

(3) Where only one staff member is present at the facility, the licensee
shall ensure that a person is quickly available to replace that staff
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member should the latter need to be absent for an emergency.

(EC475/87)
PART V
NUTRITION
22. (1) The supervisor shall ensure that all meals and snacks that are
served meet the nutritional requirements of children in accordance with
Canada's Food Guide.

Nutritional
requirement

(2) Where meals or snacks are supplied by the facility, menus shall be
posted in a prominent location for the information of parents and kept on
file for a period of 30 days.

Posting of menus

(3) A child attending for 3 hours or more shall, if present, be provided

with
(a) a mid-morning snack;
(b) a mid-afternoon snack;
(c) a noontime meal;
(d) an early evening meal or breakfast if required. (EC475/87)

Meals or snacks

PART VI
ADMINISTRATION
23. The supervisor shall keep daily attendance reports of children at the
facility and keep them on file for 1 year. (EC475/87)

Attendance records

24. The supervisor shall keep current personnel records for the facility,
including at least the following information:
(a) numbers and types of staff; and
(b) each individual's qualifications at time of employment and
subsequently acquired. (EC475/87)

Personnel records

25. Each facility shall keep current records of child and family
information for each child enrolled, including at least the following:
(a) child's name and home address;
(b) name, address and telephone number of the child's parent or
guardian;
(c) name, address and telephone number of a parent designate who
may be contacted in the event of an emergency if the parent is not
available;
(d) names of individuals to whom the child may be released;
(e) any medical, physical or developmental conditions relevant to the
care of the child; and

Childrens records

Cap. C-5

Child Care Facilities Act

Regulations

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(f) name, address and telephone number of the child's physician, the
child's social insurance number and hospital insurance number.
(EC475/87)
Behaviour
management
policies

26. (1) The supervisor shall develop and post for the information of
parents behaviour management policies which indicate a positive
approach to discipline and in particular prohibit any form of physical
punishment, verbal or emotional abuse or denial of necessities.

Instruction of staff

(2) The supervisor shall instruct all staff and program volunteers as to
the behaviour management policies in effect at the facility. (EC475/87)

Program schedule

27. Every supervisor shall provide a daily program schedule which

includes but is not limited to the following:
(a) group and individual activities;
(b) activities designed to enhance emotional, social, cognitive and
gross and fine motor development; and
(c) active and quiet play. (EC475/87)
PART VII
STAFFING

Supervision

28. (1) No child in attendance in a facility shall be left alone at any time
without staff supervision.

Ratios

(2) The supervisor of a facility shall ensure that it is staffed to the

satisfaction of the Board, so as to provide for the safety and appropriate
care of the children and shall provide for staff to child ratios which are
not of a lower standard than the following:
Age of Child
0-2
2-3
3-5
5-7
7 & over

Capacity

Ratio
1:3
1:5
1:10
1:12
1:15

(3) The maximum licensed capacity of

(a) a day care home shall be 7 children; and
(b) an early childhood centre, occasional centre and school age child
care centre shall be 50 children.

Group size

(4) The supervisor of a facility shall ensure that the maximum group
size for children under 2 years of age shall be 6.

Age of staff

(5) For the purpose of determining staff to child ratios, any supervisor,
program staff or program volunteer must be at least 18 years of age.
(EC475/87)
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29. (1) The supervisor of a Type I facility shall hold a valid supervisors
certificate issued under section 35.
(2) Subsection (1) does not apply in the case of a person who was
operating a Type I facility licensed by the Board as of the coming into
force of these regulations or during the year prior to that date.
(3) Subsection (2) expires on January 1, 1991.

Supervisors
certificate - Type I
Transition period

Expiry

(4) Where the Board is satisfied that an applicant for licensing has
made every reasonable effort to engage a qualified supervisor as required
by subsection (1) and has been unable to do so, the Board may authorize
the engagement of an unqualified supervisor provided that the
unqualified supervisor commences, within six months of the date of
employment, to acquire the necessary qualifications.

Engagement of
unqualified
supervisor

(5) An unqualified supervisor engaged pursuant to subsection (4) must

attain the appropriate qualifications within three years of the date of
employment. (EC475/87)

Attainment of
qualifications

30. (1) The supervisor of a Type II facility shall

(a) have successfully completed one unit of continuing education
and provide two personal references from members of the
community; or
(b) hold a valid supervisors certificate issued under section 35.

Supervisors
certificate - Type II

(2) Subsection (1) does not apply in the case of a person who was
operating a Type I or Type II facility licensed by the Board as of the
coming into force of these regulations or during the year prior to that
date.

Transition period

(3) Subsection (2) expires on January 1, 1988.

Expiry

(4) Where the Board is satisfied that an applicant for licensing has
made every reasonable effort to engage a qualified supervisor as required
by subsection (1) and has been unable to do so, the Board may authorize
the engagement of an unqualified supervisor provided that the
unqualified supervisor commences, within six months of the date of
employment, to acquire the necessary qualifications.

Engagement of
unqualified
supervisor

(5) An unqualified supervisor engaged pursuant to subsection (4) must

attain the appropriate qualifications within one year of the date of
employment. (EC475/87)

Attainment of
qualifications

31. (1) With effect from January 1, 1991, a facility having full time
program staff in addition to the supervisor shall have, besides the
supervisor, at least one program staff person who

Program staff
requirement

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Cap. C-5

Child Care Facilities Act

Regulations

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(a) in the case of Type I facility, holds a valid staff certificate issued
under section 35; or
(b) in the case of a Type II facility,
(i) has successfully completed one unit of continuing education
and provides two personal references from members of the
community, or
(ii) holds a valid staff certificate issued under section 35.
Exemption

(2) Where a supervisor demonstrates to the satisfaction of the Board

that he is unable to employ a qualified program staff person as required
by subsection (1) despite every reasonable effort to do so, he may engage
and continue to employ an unqualified person on condition that the said
person begin to work within six months to acquire the necessary
qualification, which in any case must be acquired within three years from
the date of employment.

Exception, staff for

kindergarten

(3) Clause (1)(a) does not apply to an early childhood centre that
provides a program expressly designed for children in the year prior to
their expected entry into school if fewer than sixteen children are
enrolled in the program. (EC475/87; 455/93)

Leave replacement

32. (1) With effect from January 1, 1991, where a qualified supervisor or
program staff person will be absent from a facility for more than four
consecutive weeks, the supervisor shall ensure that the temporary
replacement for the period exceeding four consecutive weeks is
comparably qualified, and the supervisor shall notify the Board of the
name and qualifications of the replacement.

Waiver

(2) Notwithstanding any provision of these regulations, the Board may

waive any of the requirements respecting a supervisor who is a
replacement under subsection (1), for a specified period. (EC475/87)

Continuing
education required

33. (1) As a condition of renewing the license of a facility, the supervisor

and any other program staff person who has been employed in any
facility for three years or more shall have successfully completed at least
one unit of continuing education during the three year period preceding
application for renewal.

Idem

(2) The supervisor shall be responsible for providing evidence of

compliance with subsection (1) with the application for license renewal.
(EC475/87)

Program volunteer

34. (1) With effect from September 1, 1987, a program volunteer shall,
on beginning work, receive orientation as prescribed in subsection (2).

Orientation

(2) A supervisor shall be responsible for presenting an orientation for

program volunteers of at least three hours duration and comprising

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11

(a) a section on familiarization with the facility's program; and

(b) sections on the stages of child development and on positive
behaviour management, which have been approved by the Board as
to objectives and content. (EC475/87)
PART VIII
CERTIFICATION
35. (1) A person seeking a supervisors certificate or a staff certificate
shall apply to the Board, providing proof of qualification in accordance
with the requirements listed in Schedule B or C.

Certificates

(2) The Board, having to its satisfaction confirmed the validity of the
qualification, shall issue a certificate to the applicant. (EC475/87)

Idem

36. (1) As a condition of keeping a certificate valid, the holder shall

provide proof to the Board of having successfully completed one unit of
continuing education during every three year period following issuance
of the certificate.

Maintenance of
certificate

(2) Subsection (1) does not apply to the holder of a certificate during
absence from work in a licensed facility for up to five years.

Absence from work

(3) The holder of a certificate who has not worked in a licensed facility
for a period longer than five years shall, in order to have certificate status
renewed, complete a retraining or refresher program acceptable to the
Board. (EC475/87)

Lapse of certificate

37. The Board shall

(a) maintain a current registry of all supervisors and program staff
who hold certificates; and
(b) keep a current list of approved training, extension and continuing
education programs. (EC475/87)

Registry

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SCHEDULE A
DEPARTMENT OF SOCIAL SERVICES AND SENIORS
Application For A License To Operate A Child Care
Program
Name Of Child Care Facility:

This is a
( ) New application
( ) Renewal
FACILITY TELEPHONE NO.

Location Of Child Care Facility

REGION (OFFICE USE ONLY)

Mailing Address Of Child Care Facility

TYPE OF LICENSE APPLIED FOR: (SEE GUIDE SHEET FOR REFERENCE)

[ ] Early Childhood Center [ ] Daycare Home [ ] Occasional Center [ ] School Age Child Care Center
FACILITY WILL BE OPERATED BY: (INDICATE ONE)

[ ] Private Owner

Name:
Address:
Legal Status: (See guide sheet)

[ ] Community
Organization
President --

Organization Name:
Name:
Address

Secretary --

Name:
Address:
Legal Status: (See guide sheet)

[ ] Other group or
Organization
Officer (1) --

Organization Name:

Officer (2) --

Name:
Address
Name:
Address:
Legal Status: (See guide sheet)

TYPE OF PROGRAM:
Sessions: (Check Appropriate Due)
[ ] Full Day

Hours Of Operation: ..............................To ................................

[ ] Day A.M. Only

Days Of Operation (Specify): ....................................................

[ ] Day P.M. Only

Months Of Operation (Specify): .................................................

[ ] Full Day With

Day Option

Proposed Opening Date Of Facility: ...........................................

Enrollment:
Total Number Of Children Supervisor Will Allow Per Session: ...........................................
Will You Register Children (Check All That Apply)
[ ] Under 1 Yr [ ] I Yr Old [ ] 2 Yr Old [ ] 3 Yr Old [ ] 4 Yr Old [ ] 5 Yr Old [ ] 6 Yr Old [ ] 7-10 Yr Old

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Staff (Please Use Back Of Form If Necessary)

Supervisor:
Name:
Home Address:

Program
Staff

Support
Staff

Name:

Home Address:

Name:

Home Address:

Name:

Home Address:

Name:

Home Address:

Name:

Home
Telephone:
Home
Telephone:
Home
Telephone:
Home
Telephone:
Home
Telephone:

Cap. C-5

[
[
[
[
[
[
[
[
[
[

] Full Time
] Part Time
] Full Time
] Part Time
] Full Time
] Part Time
] Full Time
] Part Time
] Full Time
] Part Time

Signature Of Applicant
Address Of Applicant
Phone No. of Applicant
Date Of Application

A $25.00, Non- Refundable Licensing Fee Must

Accompany All Applications.
A Cheque Or Money Order Payable To The
Provincial Treasurer Is Satisfactory. Please Do Not
Send Cash In The Mail. A Receipt Will Be Issued
For Such Payment

HSS 431 (12-85)

(EC603/05)

13

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SCHEDULE B
The Board shall issue a supervisors certificate under section 35 to a person having any one
of the following sets of basic training, extension and experience qualifications from an
institution or agency approved by the Board or, in unusual cases, some other comparable
combination of training and experience acceptable to the Board.

Basic Training
A

University degree (or equivalent award) in Early

Extension
Units

Years of
Experience

Childhood Development or Child Study

B

Diploma (or equivalent award) in Early

Childhood program of at least 2 academic years

Diploma ( or equivalent award) in Early

Childhood program for at least 1 academic year

University degree (or equivalent award) in a field

related to child care or education

Post-secondary diploma (or equivalent) in

a field related to child care or education

Credit for 10 university semester courses in a

field related to child care or education

G*

None

* Applicable only to persons who have been employed in a licensed facility at a time during
the 3 years preceding the coming into force of these regulations, and expires on January 1,
1991.

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SCHEDULE C
The Board shall issue a staff certificate under section 35 to a person having any one of the
following sets of basic training, extension and experience qualifications from an institution
or agency approved by the Board or, in unusual cases, some other comparable combination
of training and experience acceptable to the Board.

Basic Training
A

University degree (or equivalent award) in Early

Extension
Units

Years of
Experience

Childhood Development or Child Study

B

Diploma (or equivalent award) in Early

Childhood program of at least 2 academic years

Diploma (or equivalent award) in Early

Childhood program for at least 1 academic year

University degree (or equivalent award) in a field

related to child care or education

Post-secondary diploma (or equivalent) in

a field related to child care or education

Credit for 10 university semester courses in a

field related to child care or education

G*

None

* Applicable only to persons who have been employed in a licensed facility at a time during
the 3 years preceding the coming into force of these regulations, and expires on January 1,
1991.
(EC475/87)

15

15