The Charter of human rights and freedoms (CQLR, c. C-12) applies to childcare centre and day care centre permit holders as well as to home childcare providers. They are therefore obligated to comply with the charter, which may require reasonable accommodations, short of undue hardship, to be put in place to meet a person’s needs in certain situations. For more information on these notions, please consult the reasonable accommodation page on the website of the Commission des droits de la personne et des droits de la jeunesse.
Reasonable accommodations must take into account the particular circumstances of each situation, and the requirements of the Educational Childcare Act (CQLR,
c. S-4.1.1) (the Act) and its regulations. While section 109 of the Educational Childcare Regulation (CQLR, c. S-4.1.1, r. 2) prohibits permit holders from authorizing the presence of animals on their premises, section 108 of the Act enables them to make an exception to this rule, provided they obtain a waiver from the Minister of Families beforehand. For example, a parent with a visual impairment who is accompanied by a guide dog or the parent of a child with a pervasive developmental disorder who is accompanied by the child’s assistance dog may be able to enter the facility, whether or not the child is present.
If such a request is made, childcare providers may contact their family services advisor at the ministère de la Famille, who will guide them through the process.
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