39. The Government may, by regulation, fix an amount of contribution other than the amount payable under section 38 for certain services determined in the regulation which may be indexed at the time and according to the method prescribed by regulation. Subject to the provisions of the third paragraph, the amount of the contribution shall apply according to the age class, determined in the regulation, of the children to whom the services are provided and shall be payable by the parent or any other person determined in the regulation to the childcare centre permit holder or the home childcare provider.
The Government may, by regulation, determine the conditions subject to which a parent may pay the contribution fixed under the first paragraph or, in certain cases, be fully or partially exempted from payment of the contribution for all or some of the services it determines.
The parent may pay the contribution fixed under the first paragraph or may be fully or partially exempted from payment thereof, provided that a grant has been made for that purpose under section 41.6 in respect of the place to be occupied by the child.
However, a place referred to in the preceding paragraph cannot be granted in a home childcare operation in respect of any child of, or any child who ordinarily lives with, the home childcare provider or a home childcare provider referred to in the last paragraph of section 8; the same applies in respect of any child of, or any child who ordinarily lives with, the adult assisting the home childcare provider where the home childcare is provided at the child’s residence.
The holder of a childcare centre permit or a home childcare provider may not require payment of a contribution if the parent is fully exempted from payment of a contribution, require the whole contribution if the parent has been partially exempted from payment of the contribution, or require payment of an amount other than the fixed amount of contribution if the parent is entitled, in accordance with the third paragraph, to pay the fixed amount.
Where the contribution fixed under the first paragraph is revised, the revised amount is payable as of the coming into force of the amendment. For the purposes of paragraphs e and f of section 190 and section 191 of the Consumer Protection Act (chapter P‐40.1), the total amount to be paid by a parent and the rate stated in the contract between a parent and a childcare centre permit holder or a home childcare provider are revised accordingly as of the coming into force of the amendment.
1979, c. 85, s. 39; 1992, c. 36, s. 15; 1996, c. 16, s. 34; 1997, c. 58, s. 109; 1999, c. 23, s. 5; 2003, c. 27, s. 2.