Proposed Regulations for Children s Recreation Program Providers

Proposed Regulations for Children s Recreation Program Providers Ontario Government Consultation and Sector Response Parks and Recreation Ontario March 2016

Outcomes Understand the changes to legislation affecting recreation delivery Review proposed regulations that focus on recreation Learn about draft position statements and how you can support a sector response to the Ministry of Education (MEDU) Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 2

Introduction Modernization of child care legislation and regulation MEDU responsible for child care Multi-year consultation process with phased approach to implementing new legislation and regulation 2015: Child Care and Early Years Act (CCEYA) brought changes for recreation providers 2016: Proposed regulations for recreation providers Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 3

Historical Context Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 4

Previous Exemptions for Recreation Previously broad exemptions for recreation Under the old DNA, authorized recreation providers (O. Reg. 797) could operate certain types of programs without a license: Programs for kids under the age of 10 Available not more than three hours per day Weekly or both days on the weekend Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 5

Authorized Providers O. Reg. 797 defined authorized recreation providers: Municipalities (recreation committee) Ontario Camps Association accredited organizations Members/affiliates of Provincial Sport Organizations First Nations School Boards Organizations that had written approval from municipal council, local recreation committee, Band council, school board Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 6

Recreation Landscape A responsive recreation delivery system of municipal, non-profit and private providers Responding to community need Providing access to high quality recreation opportunities for families Hundreds of thousands of families benefit Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 7

Where are we now? Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 8

CCEYA: Impact on Recreation Programs for Children Child Care and Early Years Act www.ontario.ca/laws/statute/14c11 Part 1 Section 4 = exemptions for certain types of recreation programs Recreation as Primary Purpose; outside the scope of child care Part 2 = exceptions for specific type of recreation program Care is the primary purpose (i.e. 5 days per week, after school); Recreation as Secondary Purpose; subject to regulation Change in focus from exemptions by provider type to exemptions for program type Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 9

Exemptions: Programs Recreation as PRIMARY purpose The care or supervision is provided as part of a program, the primary purpose of which is not to provide temporary care for or supervision of children but rather to promote recreational, artistic, musical or athletic skills or to provide religious, cultural or linguistic instruction. Examples: weekly swim lessons; sport ball; sport league participation; art class; Girl Guides; 4-H. Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 10

Exemptions: Camps Camps that are serving children aged 4+ that do not operate for more than 13 weeks per year, do not operate on regular school instructional days, and do not operate in someone's home Camps for children under the age of 4 can operate without a license: 7.5 hours per week or for no more than 72 hours total ECE must supervise Not more than three hours per day Must be in separate room from other programs Only one location per provider Kindergarten prep (when in collaboration with school board or offered by a family resource centre) Operated with written approval of the school board Lack of clarity regarding offering both licensed and unlicensed programs Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 11

Exceptions: Programs for kids aged 6-12 Authorized recreational and skill building programs PRIMARY purpose is child care (defined as 4/5 days per week, 3 consecutive hours) COMPLIMENTARY purpose: activities that promote recreational, artistic, musical or athletic skills or provide religious, cultural or linguistic instruction. Not operated in a person s home Children aged 6+ Meets any other criteria prescribed by the regulations Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 12

O. Reg. 137/15 Outlines factors that shall be considered, as may be relevant, when ascertaining the primary purpose of a program/service for the purpose of determining exemptions (i.e. recreation as primary or secondary purpose) Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 13

O. Reg. 137/15 Factors 1. The schedule of operation for the program or service, including the time of the year, the days of the week, the times of the day and the number of hours each day that the program is operated. 2. The ages of the children in the program or service. 3. Whether the program or service provides or organizes transportation for children to or from the program. 4. Whether the type of facility in which the program or service is held and the furnishings and equipment used for the program or service are suitable and intended for the purpose described in the paragraph. 5. The content of the program or service and the portion of time dedicated to the purpose described in the paragraph. 6. Whether the registration and administration for the program or service is coordinated with the registration and administration for one or more other programs or services offered by the same provider. Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 14

Transitional Regulation Until new regulations, certain three hour programs are exempted from licensing or regulation if the care or supervision that is provided as part of a program or service that is not operated for more than three hours in a day and that, I. is operated by a family support program provided for children who are four years old or older or, if the care or supervision is provided on or after September 1 in a calendar year, will attain the age of four in that year, II. is operated by a children s recreation service provider listed in the Schedule to Regulation 797 of the Revised Regulations of Ontario, 1990 (Recreation Programs) made under the Ministry of Tourism and Recreation Act, or III. is part of Ontario s After School Program funded by the Ministry of Tourism and Recreation. Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 15

Licensing Snapshot Programs that do not require a license and are not subject to further regulation Episodic recreation, sport Camps that meet criteria in CCEYA (age and frequency/duration restrictions) Programs that do not require a license and are subject to regulation (currently in proposal) Programs for 6-12, running five days per week, 3 hours or less per day Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 16

What s proposed for the future? Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 17

Proposed Regulations Regulatory Posting open until April 1, 2016 www.ontariocanada.com/registry/view.do?postingid=20628&language=en Impact on recreation Specifies mechanism to determine authorized recreation program Revises O. Reg. 797 Specifies how local planning will take place Sets out policies and programming requirements for after school programs for children aged 6-12 Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 18

Issue 1: Factors to Determine Exemptions O. Reg. 137/15 provides broad factors that MEDU will use to determine if a program will be exempt from licensing KEY ELEMENT: Recreation programs have a different purpose and different outcomes from child care This is not adequately reflected in the regulation Will have the unintended consequence of limiting choices for families who are currently utilizing these high quality programs More concerns about stricter limitations for younger children Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 19

Issue 1: Factors to Determine Exemptions These organizations are already providing quality, developmentally- and age-appropriate programs serving hundreds of thousands of families Municipalities and current authorized recreation providers have worked collaboratively to develop quality program standards that address risk management, health and safety and healthy child development in a recreation context The government has recognized the importance of recreation in providing quality programs Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 20

Issue 1: DRAFT Recommendation It is recommended that the regulatory framework, including existing regulations and guidelines, should be reviewed with stakeholders and amended so that criteria used to determine exemptions do not limit recreation providers ability to respond to community need. Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 21

Issue 2: Licenses Required 4/5 Year Old After School As of Jan. 1, 2017, three hour, daily programs for children aged 4 and 5 will require a license This could include programs run every day, but with separate registration/bar code for each program Limits choices for families who do not need or cannot afford fulltime care Programs delivery costs could increase which would result in higher fees, making much-needed programs unaffordable Some communities may not have enough licensed providers to meet community need and recreation programs are already filling that need Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 22

Issue 2: DRAFT Recommendation It is recommended that the regulations be revised to allow for authorized recreation program to run for children aged 4-12 when deemed necessary based on community need. Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 23

Issue 3: Duration for authorized recreational and skill building programs Proposed regulations state that programs can operate without a license for only three consecutive hours per day on weekdays. This means programs cannot run before and after school Cannot meet needs of schools with different end times when a program runs longer than three hours Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 24

Issue 3: DRAFT Recommendation In addition to changing the age range, it is recommended that the three consecutive hours restriction be removed for authorized recreation and skill building programs so that they can operate for longer than three hours to respond to community need and can operate as a provider in extended day programs in schools. Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 25

Issue 4: Programming Requirements The regulations will set out health and safety policies for authorized recreation programs The draft regulations contain a list that includes such things as safe arrival/dismissal, anaphylaxis and nutrition policies Many recreation providers already have sophisticated risk management policies and procedures, but it is recognized that there is a need to support all types of organizations Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 26

Issue 4: DRAFT Recommendation It is recommended that the regulations provide overarching procedures for policy development, implementation and evaluation that are supported by guidelines and templates to help organizations meet the requirements. Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 27

Issue 5: Determining Quality for Authorized Recreation and Skill Building Programs Programs run by the following providers will not need a license, but will be subject to regulation & guidelines: Municipalities School Boards First Nations Members/affiliates of Provincial Sport Organizations MTCS after school programs Other providers must be authorized by local service system manager (CMSMs/DSSABs) Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 28

Issue 5: Continued Consolidated Municipal Service Managers (CMSMs) and District Social Services Administration Boards (DSSABs) will take on additional responsibility re: authorized recreation programs Currently oversee child care and early years systems management This includes fee subsidy CMSMs/DSSABs will determine if a program is authorized based on guidelines to be developed Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 29

Issue 5: DRAFT Recommendation It is recommended that the guidelines that CMSMs/DSSABs use to assess program quality are developed in consultation with recreation stakeholders are aligned with industry standards used by a variety of recreation providers such as municipalities, YMCAs, Boys and Girls Clubs. Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 30

Issue 6: Local Planning CCEYA recognizes the essential role CMSMs/DSSABs play in planning, managing and funding local child care and early years programs As such, CMSMs/DSSABs will be directed to conduct local planning It is imperative that recreation be a vital part of this process Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 31

Issue 6: DRAFT Recommendation It is recommended that CMSMs/DSSABs must consult with recreation providers in their area when creating local service delivery plans Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 32

Issue 7: Transition Time Regulations set to be published in the summer of 2016 and implemented between September 2016 and January 2017 Additional time is needed to avoid unintended consequences Recreation sector is large and diverse Any changes need to be communicated clearly Providers need time to plan Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 33

Issue 7: DRAFT Recommendation It is recommended that the transition time to any new regulation be extended in order to ensure there are no unintended consequences from proposed regulatory changes and that providers have time to implement any changes required. Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 34

Other issues Staff ratios Staff qualifications Definition of a separate area for programs serving larger numbers of children Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 35

Conclusion Overall sector concern Regulations may lead to fewer options for families for programs, camps, early learning programs, recreation programs Licensed and subsidized spaces are insufficient to accommodate families when recreation programs are not available or unaffordable Regulations will destabilize recreation delivery and have the unintended consequence of eliminating spaces and services that are: Community responsive High quality Affordable Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 36

Next Steps Posting this webinar PRO Survey: Gain support for position statements All PRO members, municipalities, webinar participants PRO submission to government on April 1 PRO information session will continue PRO Forum More Webinars FAQ/Guidelines Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 37

Ministry of Education Contact Questions regarding current legislation PRO recommends that if you are unsure if your programs meet the new requirements that you contact the Ministry of Education at UCCV@ontario.ca. Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 38

PRO Contact Diane English, Director of Research, Policy & Communications denglish@prontario.org Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 39

Thank you! Parks and Recreation Ontario CCEYA Regulatory Registry Consultation 40