Draft Regulation respecting the preventive withdrawal of certain home childcare providers | Protecteur du Citoyen
June 11, 2019

Draft Regulation respecting the preventive withdrawal of certain home childcare providers

Corps

In a letter to Family Minister Mathieu Lacombe, Ombudsperson Marie Rinfret applauded the draft Regulation respecting the preventive withdrawal of certain home childcare providers.

However, she expressed a few concerns, notably regarding the inordinately short time frame for applying to the Family Minister for review of the calculation of eligible income. Furthermore, Madam Rinfret deplored that the person in charge of childcare provision cannot seek redress with the Tribunal administratif du travail (TAT) if he or she is dissatisfied with a review decision.

The Ombudsperson also felt that the delays for applying for review or for approaching TAT to contest a decision by the Commission des normes, de l’équité, de la santé et de la sécurité regarding the eligibility of the person in charge of childcare provision for preventive withdrawal are too short.

The Ombudsperson therefore made four recommendations to the Family Minister. They were aimed at amending the draft regulation in order to extend these deadlines and to enable recourse with TAT if the person wishes to contest the Minister’s review decision.