Day Nurseries Act, R.S.O. 1990, c. D.2

Regulations under this Act:

O. Reg. 137/99 Designation of geographic areas and delivery agents
R.R.O. 1990, Reg. 262 General
O. Reg. 502/00 Policy Statements
O. Reg. 500/00 Repeal of subsection 1(2) of the Act (Revoked July 2011 by O. Reg 222/11, ss. 1, 2.)

The Act outlines the regulations under which any licensed day nursery facility within the Province must operate. A day nursery is defined as a premises where more than five children, who are not of common parentage, receive temporary care for a continuous period not exceeding 24 hours. The children must be under ten years of age or, in the case of children with a developmental disability, under the age of eighteen years. A public, private or separate school is not considered a day nursery as their legislation is governed by the Education Act. Private-home day cares, licensed to operate within private homes, can have no more than five children who are under ten years of age.

A Director representing the Ministry of Children and Youth Services grants licenses that authorize the establishment, operation and maintaining of either a day nursery or private-home day care. The Director has the authority to revoke or refuse to renew licenses if, in the Director’s opinion, the operator of the day nursery or private-home day care is in contravention of any provisions or regulations of the Act or of any term or condition of the license. At least once per year, any licensed day nursery or private-home day care is subject to unannounced inspections by Ministry representatives to ensure that Provincial standards are being met.

Publication Date: 
Ontario Ministry of Children and Youth Services