Bill 232 2002

An Act to enhance
the safety of children in
supervised play settings

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

1. In this Act,

"supervised play setting" means a place where children under the age of 13 participate in recreational activities under the supervision of one or more adults, but does not include,

(a) a school during regular school hours,

(b) a day nursery within the meaning of the Day Nurseries Act, or

(c) a private dwelling, unless the recreational activities are provided for remuneration.

Rules for safety

2. Every operator of a supervised play setting shall ensure that the following rules are complied with:

1. Sufficient staff are on duty to properly supervise the children and protect their safety.

2. An adequate number of the staff on duty are trained in basic first aid and other safety procedures aimed at the protection of the children.

3. A clear set of procedures are in place providing for what actions are to be taken by staff in the case of a child being injured or taken ill, and staff are familiar with those procedures.

4. The equipment in use at the play setting is safe for children's reasonable use, given the nature of the equipment.

Offence

3. Every operator of a supervised play setting who fails to comply with section 2 is guilty of an offence, and on conviction is liable to a fine not exceeding $100,000.

Regulations

4. (1) The Lieutenant Governor in Council may make regulations,

(a) establishing minimum requirements that must be met in order for an operator to be in compliance with section 2;

(b) exempting operators or classes of operators from any or all of the requirements of section 2, subject to any conditions that may be set out in the regulations, where the Lieutenant Governor in Council is satisfied that it is in the public interest to do so, and that the safety of children is not unjustifiably placed at risk by the exemption.

Specific or general

(2) A regulation under this section may be specific or general in its application.

Incorporation by reference

(3) A regulation under this section that incorporates another document by reference may provide that the reference to the document includes amendments made to the document from time to time after the regulation is made.

Commencement

5. This Act comes into force one year after the day it receives Royal Assent.

Short title

6. The short title of this Act is the Safety of Children in Supervised Play Settings Act, 2002.

EXPLANATORY NOTE

Rules are established aimed at protecting the safety of children in supervised play settings. Failure to comply with these rules is an offence. The Lieutenant Governor in Council is given the authority, among other things, to establish minimum requirements that must be met for the operator of a supervised play setting to be in compliance with the rules.