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Early Learning and Child Care Amendment Act, 2024

Full Title:
Early Learning and Child Care Amendment Act, 2024

Summary#

  • Bill 25 updates Alberta’s Early Learning and Child Care Act. It strengthens safety rules, gives the province more tools to enforce standards, and increases what must be shared with parents.

  • The law covers both facility-based child care (centres and preschools) and family day home agencies.

  • Key changes:

    • Lets the provincial statutory director refuse, suspend, or cancel licences when it is in the public interest, and for extra grounds set in regulations.
    • Allows the director to order all or part of a child care site to close until problems are fixed.
    • Introduces administrative penalties (fines) up to $10,000 per violation, per day.
    • Requires agencies to post licences, inspection results, penalties, and probation notices, and to inform parents about key actions.
    • Expands inspections and monitoring of family day homes and agencies, with court orders if needed.
    • Adds a probationary licence option for family day home agencies and a possible 2‑year ineligibility if an agency is refused, suspended (not reinstated), or cancelled.
    • Clarifies that licences require compliance with all applicable laws (public health, safety codes, and municipal bylaws).
    • Allows the government to set staffing standards and publish information about certified child care staff.
    • Decisions like closure orders and some suspensions stay in effect during appeals.
    • Comes into force on a date set by the government.

What it means for you#

  • Parents and guardians

    • You will see more posted information at centres and agencies, like licences, inspection reports, and any penalties.
    • If a family day home agency has conditions added, gets a probationary licence, or has its licence cancelled, the agency must tell you.
    • If a closure order is issued, the program must stop operating in the affected space until it fixes the issue. This could disrupt care on short notice.
    • The province may publish details about orders and penalties so you can check a provider’s record.
  • Families using family day homes

    • The province can inspect your day home site through the agency, review records, and issue reports. Agencies must give you key updates about their licence status.
    • If an agency loses its licence or is on probation, you will be informed. In serious cases, care could be disrupted.
  • Child care centres and preschools (facility-based programs)

    • You must follow all relevant laws, bylaws, and safety codes, not just child care regulations.
    • The director can order part or all of your premises closed until non-compliance is fixed. Closure orders must list what to fix and by when.
    • You must post licences, varied licence terms, probationary licences, closure orders, and any administrative penalties, and inform parents about them.
    • You face potential fines up to $10,000 per violation per day. Unpaid penalties can be enforced as a court judgment.
  • Family day home agencies

    • The director can suspend your licence and issue a probationary licence for up to 3 months with required fixes. If you do not meet them, both the probationary and suspended licences expire.
    • If you are refused, not reinstated after suspension, or cancelled, you can be barred from reapplying for up to 2 years.
    • You must post licences, inspection reports, varied terms, probationary licences, penalties, and cancellations at your main office.
    • You must give each day home a copy of your licence and inform day homes and parents about key actions (varied terms, probationary status, cancellations).
    • The director can inspect your office, require records, and seek court orders and police help if access or records are refused.
  • Early childhood educators and staff

    • The government can set staffing models and qualifications in regulation.
    • The government can collect and publish information about your child care certification (type and status).

Expenses#

Estimated fiscal impact: No publicly available information.

  • The bill creates administrative penalties that may generate revenue, but amounts are not estimated.
  • It may increase enforcement and oversight costs for the province; no figures are provided.

Proponents' View#

  • Improves child safety by allowing quick closures and fast action when there is risk.
  • Increases transparency for families through posted licences, inspection results, and public posting of penalties and orders.
  • Gives regulators modern tools (inspections, probation, fines) to correct problems without waiting for lengthy processes.
  • Sets clearer expectations that providers must follow all health, safety, and building laws.
  • Supports consistent quality by allowing standards for staffing, operations, and family day homes.
  • Keeps protective actions in place during appeals to avoid reopening unsafe programs.

Opponents' View#

  • “Public interest” grounds give broad discretion to the director, which could lead to uneven or unfair decisions.
  • Higher fines (up to $10,000 per day) and more rules may strain small centres and family day homes, risking closures and fewer child care spaces.
  • Closure orders and non-stay of certain decisions during appeals can disrupt care for families with little notice.
  • Public posting of penalties and orders may harm reputations even when issues are minor or quickly fixed.
  • Added compliance with multiple laws and new staffing rules may increase costs and red tape.
  • Publishing information about staff certifications raises privacy concerns for individual educators.