Part 2 — Opportunities for Learning Division 1 Diverse and Flexible Learning
21 Early childhood services programs
may provide an early childhood services program to a child who, as
of September 1, is younger than 6 years of age, if the parent of the
child requests it.
(2) A board or, with the approval of the Minister, other person may
provide an early childhood services program to a student who, as of
September 1, is younger than 7 years of age if both the parent of
the student and the board or person providing the early childhood
services program are of the opinion that the program will benefit
the student.
(3) An early childhood services program provided by a board or
other person must be consistent with the goals and standards
adopted or approved by the Minister under section 18(2)(b).
(4) A board or other person providing an early childhood services
program shall manage, administer and operate the early childhood
services program in accordance with this Act, the regulations and
any policies established under the regulations.
(5) The Minister may by order establish minimum requirements
that policies established under the regulations must meet.
(5.1) Section 229.1 applies in respect of an early childhood
services program.
(5.2) For the purposes of section 229.1, a reference to a board is
deemed to include a reference to a person who provides an early
childhood services program.
(6) Subject to the regulations, if a parent enrols a child or student
in an early childhood services program, the board or other person
that provides the early childhood services program may charge the
parent fees in respect of the program.
(7) Unless otherwise stated, if a child referred to in subsection (1)
attends an early childhood services program, the child is not, by
reason of attending that program,
(a) a resident student of the board, or
(b) entitled to any of the righ ts or benefits given to a student
under this Act.
(8) The Lieutenant Governor in Council may make regulations
respecting early childhood services programs, including regulations
respecting
(a) boards and other persons providing early childhood service s
programs, including regulations establishing classes of
boards or persons providing early childhood services
programs;
(b) the management, administr ation and operation of early
childhood services programs;
(c) the development, mainten ance and review of policies
relating to the management, administration and operation of
early childhood services programs;
(d) the governance of persons other than boards providing earl y
childhood services programs, including regulations
respecting the composition of boards of directors, quorum
and voting requirements;
(e) remuneration, benefits, allowa nces, expenses or fees that
may be paid or provided to directors, officers or individuals
employed or engaged for services by boards or other
persons providing early childhood services programs;
(f) contracts of employment or agreements to engage services
that boards or other persons providing early childhood
services programs have entered into or propose to enter into,
including regulations respecting
(i) the review by the Ministe r of contracts or agreements,
(ii) requirements that contr acts or agreements must meet,
(iii) actions the Minister may take with respect to contracts
or agreements that do not meet the requirements, and
(iv) transitional matters with respect to the requirements
referred to in subclause (ii) or the actions referred to in
subclause (iii), including regulations authorizing the
Minister to require amendment or termination of
contracts or agreements;
(g) agreements and transactions with related parties that boards
or other persons providing early childhood services
programs have entered into or propose to enter into,
including regulations respecting
(i) the determination as to w hether parties to agreements or
transactions are related parties,
(ii) the review by the Minister of agreements or transactions,
(iii) requirements that agreemen ts or transactions must meet,
(iv) actions the Minister may ta ke with respect to agreements
or transactions that do not meet the requirements, and
(v) transitional matters with respect to the requirements
referred to in subclause (iii) or the actions referred to in
subclause (iv), including regulations authorizing the
Minister to require amendment or termination of
contracts or agreements;
(h) funding relating to early childhood services programs
received under the Government Organization Act, including
prohibitions on the transfer of such funding;
(i) financial reporting re lating to the management,
administration and operation of early childhood services
programs;
(j) audits of financial statements, including requirements,
criteria and procedures for audits;
(k) the collection, use and disclosure by the Minister of
information relating to the management, administration and
operation of early childhood services programs, including
personal information;
(l) the provision of information relating to the management,
administration and operation of early childhood services
programs to the Minister or other persons by boards or other
persons providing early childhood services programs;
(m) the publication of informa tion relating to the management,
administration and operation of early childhood services
programs;
(n) confidentiality, publication, retention, storage and
disposition of records relating to the management,
administration and operation of early childhood services
programs;
(o) monitoring and oversight of boards and other persons
providing early childhood services programs to determine
compliance with this Act, the regulations and the policies
required under the regulations;
(p) actions the Minister may take in respect of a failure to
comply with this Act, the regulations or the policies
required under the regulations;
(q) exemptions from any requirements under the regulations;
(r) defining for the purposes of this Act any term that is use d
but not defined in this Act.
(9) Regulations made under subsection (8) may apply to all boards
or persons providing early childhood services programs or to a
class of boards or persons providing early childhood services
programs, and different regulations may be made in respect of
different classes of boards or persons providing early childhood
services programs.
2012 cE-0.3 s21;2015 c6 s9;2020 c11 s6;2021 c19 s2;
2022 c16 s4