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C-8.2 - Act respecting childcare centres and childcare services

Section 18.1
Disposition versions

Full text
18.1. The Minister may refuse to issue a permit where
(1)  the health, safety or well-being of the children to whom the applicant proposes to provide childcare in a childcare centre, a day care centre, nursery school or stop over centre would be endangered;
(2)  the applicant or, in the case of a legal person, a director of the applicant exhibits or has exhibited behaviour that could reasonably pose a threat for the physical and moral security of the children to whom the applicant proposes to provide childcare in a childcare centre, a day care centre, a nursery school or a stop over centre;
(3)  the applicant or, in the case of a legal person, a director of the applicant is charged with or has been convicted of an indictable or criminal offence which is connected with the aptitudes and conduct required to operate a childcare centre, a day care centre, a nursery school or a stop over centre;
(4)   the applicant or a director of the applicant was convicted of an offence under section 3 or 4 in the two years preceding the application;
(5)  the applicant or a director of the applicant held a permit that was revoked or not renewed under paragraph 3, 4 or 5 of section 19 in the three years preceding the application;
(6)  the applicant made a statement containing false or misleading information or distorted a material fact when applying for the permit.
Police forces in Québec are required to provide any information required by regulation that is needed to ascertain the existence of an impediment under subparagraph 2 or 3. The investigation must be in regard to any sexual misconduct, failure to provide necessities of life, criminal operation of a motor vehicle, violent behaviour, criminal negligence, fraud, theft, arson and drug or narcotic-related offence.
1989, c. 59, s. 13; 1992, c. 36, s. 8; 1996, c. 16, s. 20; 1997, c. 58, s. 92, s. 134; 2002, c. 17, s. 9.
18.1. The Minister may refuse to issue a permit where
(1)  the health, safety or well-being of the children to whom the applicant proposes to provide childcare in a childcare centre, a day care centre, nursery school or stop over centre would be endangered;
(2)  the applicant or an officer of the applicant has been convicted of an indictable offence or of an offence punishable on summary conviction
(a)  under Part V of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), except sections 175(1) (a) and (c) and 176 to 178,
(b)  under Part VIII of the Criminal Code, except sections 216, 217, 247 to 263, 264.1(1) (b) and (c) and 287 to 320,
(c)  under section 210, 212, 213, 343, 346, 362, 366, 368, 380, 397, 398, 423, 430, or any of sections 433 to 436.1 or 463 to 465 of the Criminal Code,
(d)  under section 39 or 48 of the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27),
(e)  under section 4, 5 or 6 of the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1), or
(f)  under section 50 of the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1),
which is connected with the aptitudes and conduct required to operate under the permit applied for, unless the applicant or officer has been pardoned;
(3)  the applicant or an officer of the applicant has been convicted of an offence under section 135 of the Youth Protection Act (chapter P-34.1), unless the applicant or officer has been pardoned;
(4)  the applicant or an officer of the applicant has been convicted, in the two years preceding the application, of an offence under section 3 or 4, unless the applicant or officer has been pardoned;
(5)  the applicant or an officer of the applicant held a permit that was revoked or not renewed under paragraph 3, 4 or 5 of section 19 in the three years preceding the application;
(6)  the applicant made a statement containing false or misleading information or distorted a material fact when applying for the permit.
1989, c. 59, s. 13; 1992, c. 36, s. 8; 1996, c. 16, s. 20; 1997, c. 58, s. 92, s. 134.
18.1. The bureau may refuse to issue a permit where
(1)  the health, safety or well-being of the children to whom the applicant proposes to provide day care in a day care centre, nursery school or stop over centre would be endangered;
(2)  the applicant or an officer of the applicant has been convicted of an indictable offence or of an offence punishable on summary conviction
(a)  under Part V of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), except sections 175(1) (a) and (c) and 176 to 178,
(b)  under Part VIII of the Criminal Code, except sections 216, 217, 247 to 263, 264.1(1) (b) and (c) and 287 to 320,
(c)  under section 210, 212, 213, 343, 346 or any of sections 463 to 465 of the Criminal Code,
(d)  under section 39 or 48 of the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27),
(e)  under section 4, 5 or 6 of the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1), or
(f)  under section 50 of the Young Offenders Act (Revised Statutes of Canada, 1985, chapter Y-1),
which is connected with the aptitudes and conduct required to operate under the permit applied for, unless the applicant or officer has been pardoned;
(3)  the applicant or an officer of the applicant has been convicted of an offence under section 135 of the Youth Protection Act (chapter P-34.1), unless the applicant or officer has been pardoned;
(4)  the applicant or an officer of the applicant has been convicted, in the two years preceding the application, of an offence under section 3 or 4, unless the applicant or officer has been pardoned;
(5)  the applicant or an officer of the applicant held a permit that was revoked or not renewed under section 19 in the three years preceding the application;
(6)  the applicant made a statement containing false or misleading information or distorted a material fact when applying for the permit.
1989, c. 59, s. 13; 1992, c. 36, s. 8; 1996, c. 16, s. 20.
18.1. The bureau may refuse to issue a permit where
(1)  (paragraph repealed);
(2)  the applicant fails to fulfil the conditions provided by this Act or the regulations for the issue of a permit;
(3)  the health, safety or well-being of the children to whom the applicant proposes to provide day care in a day care centre, nursery school, stop over centre or home day care is endangered;
(4)  the applicant was found guilty, in the two years preceding his application for a permit, of an offence for a contravention of section 3;
(5)  the applicant made a false declaration or distorted a material fact when he applied for the permit.
1989, c. 59, s. 13; 1992, c. 36, s. 8.
18.1. The bureau may refuse to issue a permit where
(1)  in its opinion, to issue the permit would be inconsistent with the development plan established pursuant to section 68.1, taking into account, among other factors, the permit applications and applications for authorization made under section 17.1 in respect of which the bureau has yet to render a decision;
(2)  the applicant fails to fulfil the conditions provided by this Act or the regulations for the issue of a permit;
(3)  the health, safety or well-being of the children to whom the applicant proposes to provide day care in a day care centre, nursery school, stop over centre or home day care is endangered;
(4)  the applicant was found guilty, in the two years preceding his application for a permit, of an offence for a contravention of section 3;
(5)  the applicant made a false declaration or distorted a material fact when he applied for the permit.
1989, c. 59, s. 13.
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