Germ Illustration

Child Care and Early Years Act, 2014

39. (1) Every licensee shall ensure that each child care centre it operates and each premises where it oversees the provision of home child care or in-home services has an anaphylactic policy that includes the following:

  1. A strategy to reduce the risk of exposure to anaphylactic causative agents.
  2. A communication plan for the dissemination of information on life-threatening allergies, including anaphylactic allergies.
  3. Development of an individualized plan for each child with an anaphylactic allergy who,
    i. receives child care at a child care center the licensee opeerates, or
    ii. is enrolled with a home child care agency and receives child care at a premises where it oversees the provision of home child care or in-home services.
  4. Training on procedures to be followed in the event of a child having an anaphylactic reaction. O. Reg. 126/16, s. 26 (1,2).

(2) The individualized plan referred to in paragraph 3 of subsection (1) shall,

(a) be developed in consultation with a parent of the child and with any regulated health professional who is involved in the child’s health care and who, in the parent’s opinion, should be included in the consultation; and

(b) include a description of the procedures to be followed in the event of an allergic reaction or other medical emergency. O. Reg. 126/16, s. 26 (3).

(3) In this section,
“anaphylaxis” means a severe systemic allergic reaction which can be fatal, resulting in circulatory collapse or shock, and “anaphylactic” has a corresponding meaning.

Note: On September 1, 2017, the Regulation is amended by adding the following section: (See: O. Reg. 126/16, s. 27)

Children with medical needs

39.1 (1) Every licensee shall develop an individualized plan for each child with medical needs who,

(a) receives child care at a child care centre it operates; or

(b) is enrolled with a home child care agency and receives child care at a premises where it oversees the provision of home child care or in-home services. O. Reg. 126/16, s. 27.

(2) The individualized plan shall be developed in consultation with a parent of the child and with any regulated health professional who is involved in the child’s health care and who, in the parent’s opinion, should be included in the consultation. O. Reg. 126/16, s. 27.

(3) The plan shall include,

(a) steps to be followed to reduce the risk of the child being exposed to any causative agents or situations that may exacerbate a medical condition or cause an allergic reaction or other medical emergency;

(b) a description of any medical devices used by the child and any instructions related to its use;

(c) a description of the procedures to be followed in the event of an allergic reaction or other medical emergency;

(d) a description of the supports that will be made available to the child in the child care centre or premises where the licensee oversees the provision of home child care or in-home services; and

(e) any additional procedures to be followed when a child with a medical condition is part of an evacuation or participating in an off-site field trip. O. Reg. 126/16, s. 27.

(4) Despite subsection (1), a licensee is not required to develop an individualized plan under this section for a child with an anaphylactic allergy if the licensee has developed an individualized plan for the child under section 39 and the child is not otherwise a child with medical needs. O. Reg. 126/16, s. 27.

Last modified: March 23, 2017