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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.

Timeline

Nov 5, 2024

Second Reading

Nov 19, 2024

Second Reading

Nov 27, 2024

Committee of the Whole

Nov 28, 2024

Third Reading

Dec 5, 2024

Royal Assent