When the Ministry Takes Action Against Your Licence
This page is for the businesses, non-profits and owners that hold a licence to operate a child care centre or a home child care agency. Unlike the RECEs who work for them, licensees answer to a ministry director, not a professional college. Enforcement usually follows an inspection, a serious occurrence, or a complaint from a parent or staff member.
Illustrative example, not an actual ministry notice
“Take notice that the director proposes to revoke the licence to operate the child care centre named below, for the reasons set out in this notice. You are entitled to a hearing by the Licence Appeal Tribunal if, within 15 days after service of this notice, you serve a written request for a hearing on the director and the Tribunal.”
Who Investigates and Who Decides
- Statute
- The Child Care and Early Years Act, 2014 (“the Act”) and its regulations, which set licensing, ratio, staffing, health and safety, and record-keeping requirements.
- Who investigates
- Ministry inspectors, who can inspect premises with or without a warrant in the circumstances the Act allows (ss. 28–31).
- Who decides
- A director, who can propose to refuse, refuse to renew or revoke a licence (s. 23), change licence conditions (ss. 21, 25), and issue compliance orders, protection orders and administrative penalties (ss. 36–39).
- Who hears challenges
- The Licence Appeal Tribunal (LAT) hears licensing proposals and appeals of certain orders.
Who the Act looks at
A director can rely on the competence and past conduct of the licensee and its employees and, for a corporation, its officers, directors, employees and anyone with a controlling interest (Act, s. 23(1)–(2)). Problems involving one staff member or one owner can therefore affect the whole licence.
Common Issues in Child Care Enforcement
Supervision and ratios
Ratio breaches, children left unsupervised, and children released to unauthorized adults.
Serious occurrences
Injuries, missing children and allegations of abuse, along with how and when they were reported to the ministry and parents.
Staffing and screening
Missing vulnerable sector checks, unqualified staff, and staff permitted to work despite concerns.
Premises and health
Building, fire and health requirements, food and allergy management, and playground safety.
Honesty and records
False statements on an application or in records, and failing to comply with an earlier order or pay a penalty, all of which are grounds to revoke or refuse to renew (s. 23(2)(d)–(f)).
What Can Happen Next
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Compliance order or administrative penalty
A director or inspector who believes on reasonable grounds that you are not complying can issue a compliance order (Act, s. 36). An administrative penalty can be up to $100,000 per contravention, though the amount must not be excessive or punitive (s. 39(3)–(4)). You can ask a designated senior employee to review a penalty within 15 days after the notice is served, or within any longer time that employee allows (s. 39(7)). If you do not request a review, the penalty is payable within 30 days of service (s. 39(8)).
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Protection order
If an inspection reveals an imminent threat to the health, safety or welfare of children, a director or inspector must make a protection order (Act, s. 37(1)). It takes effect immediately, and an appeal to the Tribunal does not stay it (s. 37(7)–(8)). In urgent cases a director can also apply to the Superior Court of Justice for a restraining order (s. 38).
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Notice of proposal and LAT hearing
Before refusing, refusing to renew or revoking a licence, the director must serve a notice of proposal with reasons (Act, s. 23(3)–(4)). A proposal to revoke or not renew must be posted at the premises, and parents may be notified (s. 23(5)).
Deadline
You are entitled to a LAT hearing if you serve a written request on the director and the Tribunal within 15 days after service of the notice (Act, s. 23(4)). Under this Act, mail is deemed served on the fifth day after mailing (s. 74(2)). If you do not request a hearing in time, the director may carry out the proposal (s. 23(7)).
After a hearing, the LAT can direct the director to carry out the proposal, with or without changes, substitute its own opinion, or direct other action under the Act (s. 23(9)).
Changes to licence conditions take effect at once. When a director changes the conditions of your licence, the change applies as soon as the notice is served and is not stayed by a request for a hearing. You still have 15 days after service to request one (s. 25).
Checklist: Responding to a Child Care Enforcement Notice
Documents to gather
- The notice, order or penalty, and proof of the date and method of service
- Inspection reports and any earlier compliance history
- Attendance, ratio and staff schedules for the dates in question
- Serious occurrence reports and notifications to parents
- Staff qualification and vulnerable sector check records
- Policies and procedures, and evidence that staff were trained on them
- Corporate records showing officers, directors and controlling interests
Details to check in the notice
- Which type of notice it is: proposal, compliance order, protection order, condition change, or penalty
- The service date, and your 15-day window to request a hearing or review
- Who must receive your request: the director, the Tribunal, or a designated senior employee
- Whether the order took effect immediately
Rules and resources to consult
- Child Care and Early Years Act, 2014, ss. 21–25, 28–39 and 74
- Regulations under the Act on licensing, ratios and serious occurrences
- Licence Appeal Tribunal – General Service forms, rules and practice directions
- Ministry licensing manuals and guidance for your type of program
Frequently Asked Questions
Can we keep operating while we contest a revocation proposal?
A proposal is not itself a revocation. The director may carry it out only if you do not request a hearing in time, or if the Tribunal directs it (s. 23(7), (9)). A protection order or a change to licence conditions, however, takes effect immediately.
Will parents find out?
A proposal to revoke or not renew must be posted at the premises, and the director may notify parents directly (s. 23(5)).
Is this the same as a complaint about an RECE?
No. The licence is regulated by the ministry under this Act. Individual RECEs are regulated separately by the College of Early Childhood Educators, and both processes can run at the same time.
Sources
Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.
- Child Care and Early Years Act, 2014, S.O. 2014, c. 11, Sched. 1, ss. 21, 23, 25, 28–31, 36–39, 74 — e-Laws consolidation period beginning May 7, 2026; checked November 10, 2026.
- Tribunals Ontario, Licence Appeal Tribunal – General Service — Checked November 10, 2026.