Violation Categories

A violation category is an event or situation which does not comply with the requirements of provincial statutes or regulations. For child care facilities, Licensing Officers have delegated authority to inspect and determine whether a facility meets the requirements of the Community Care & Assisted Living Act and the Child Care Licensing Regulation. For adult residential care facilities, requirements under the Residential Care Regulation apply.

Having violations noted on an inspection report does not mean the facility is unsafe. In cases where a violation may pose a high risk to the persons in care, Licensing Officers will work with the facility manager and conduct follow-up inspections until the violation has been corrected.

In the event that Licensing Officers determine a facility to be unsafe for persons in care, there are at least three processes available: (1) placing conditions on the facility’s operating licence, (2) suspending the licence, or (3) cancelling the licence.

Violations are categorized under one of the 10 categories:

  1. Care and/or supervision
  2. Hygiene and communicable disease control
  3. Licensing
  4. Medication
  5. Nutrition and food services
  6. Physical facility, equipment and furnishings
  7. Policies and procedures
  8. Program
  9. Records and reporting
  10. Staffing

There is a set of definitions for Child Care and another set of definitions for Residential Care.

  1. Child Care Category Definitions:

    1. Care and/or supervision
      Licensees are required to ensure children are supervised at all times. Supervision requires staff to take practical measures to protect children from injury or harm. Children must be provided with a healthy and safe environment where staff attends to the individual needs of each child. Licensing officers assess whether appropriate care and supervision is being provided.

    2. Hygiene and communicable disease control
      Licensees are required to ensure facilities maintain acceptable levels of hygiene. Licensing officers inspect for appropriate hand washing and diapering/toileting communicable disease control practices to ensure the health and safety of children is not compromised.

    3. Licensing
      Licensees have a continuing duty to inform the Medical Health Officer of any significant changes to the structure or operation of the community care facility. This category contains a number of administrative requirements that Licensing officers assess for compliance.

    4. Medication
      Licensees who provide care to children who require medication must ensure that they store and administer medication appropriately. Licensing officers examine medication practices to ensure staff follow legislated requirements.

    5. Nutrition and food services
      Licensees need to promote healthy eating and nutritional habits and ensure that parents are provided with information regarding foods and drinks offered. Licensing officers inspect nutrition and food service practices.

    6. Physical facility, equipment and furnishings
      Licensees are required to maintain the facility, all equipment, furnishings and toys in sanitary and working condition. Licensing officers inspect to ensure the facility and equipment is safe, free from hazards, in good repair, and is for appropriate for the age and developmental level of the children.

    7. Policies and procedures
      Licensees are required to have written policies and procedures to guide staff in all matters regarding the care and/or supervision of children. Licensing officers inspect to ensure that the facility has policies in place that are appropriate to meet the needs of the children in care based on their age and developmental level and that they are adequately implemented by staff.

    8. Program Licensees must ensure children are provided with a variety of age and developmentally appropriate indoor and outdoor, activities. The program must be adapted to meet the needs of children who require extra supports. Licensing officers look for a balance of programming that promotes children’s intellectual, physical, social and emotional well being.

    9. Records and reporting
      Licensees are required to keep records on facility matters and matters that guide staff in ensuring the health and safety of children. Licensing officers inspect record keeping and reporting practices to ensure they are compliant with regulations.

    10. Staffing
      Licensees are required to ensure a facility has enough staff, who possess adequate training and experience, to meet the care, supervision and needs of the children. Licensing officers inspect to ensure licensees maintain the correct number and ages of children they are licensed for and that all employees meet basic health and competency standards and are able to carry out their duties effectively.

  2. Residential Care Category Definitions

    1. Care and/or supervision
      Licensees are required to ensure adequate care and/or supervision of residents. Licensees must maintain and follow individual plans of care for every resident that may include oral care, therapeutic instructions, medication administration and activity planning. Licensing officers audit care plans to ensure they adequately guide employees in their duties to ensure residents are safe and their care needs are met.

    2. Hygiene and communicable disease control
      Licensees are required to ensure facilities maintain acceptable levels of hygiene. Licensing officers inspect for appropriate communicable disease control practices and other practices that would compromise the health and safety of residents.

    3. Licensing
      Licensees have a continuing duty to inform the Medical Health Officer of any significant changes to the operation of the community care facility. This category contains a number of administrative requirements that Licensing officers assess for compliance.

    4. Medication
      Licensees are required to store, administer and record the medications of residents according to requirements in the regulations, and established by the medication safety and advisory committee. Licensing officers examine medication administration records, policies, and storage practices to ensure legislated requirements are met.

    5. Nutrition and food services
      Licensees are required to store, prepare and deliver foods and fluids safely. Licensees must ensure appropriate nutritional content of meals, assistance with eating and texture modifications are made as necessary. Licensing officers inspect nutrition and food services.

    6. Physical facility, equipment and furnishings
      Licensees are required to maintain the facility, all equipment and furnishings in sanitary and working condition. Licensing officers inspect to ensure the facility and equipment is safe, free from hazards, in good repair, and is appropriate for the needs of the residents.

    7. Policies and procedures
      Licensees are required to have written policies and procedures to guide staff in all matters regarding the care and/or supervision of residents. Licensing officers inspect to ensure that the facility has policies in place to meet the needs of the residents and that they are adequately communicated and implemented by staff.

    8. Program
      Licensees must ensure residents are provided with indoor and outdoor recreation areas that are easily accessible and safe. Residents must be offered, without charge, an ongoing program of physical, social and recreational activities. Licensing officers look for a planned program that is designed to meet the needs of residents.

    9. Records and reporting
      Licensees are required to keep records on facility matters and matters that guide staff in ensuring the health and safety residents. Licensing officers inspect record keeping and reporting practices to ensure they are compliant with regulations.

    10. Staffing
      Licensees are required to ensure a facility has enough staff, who possess adequate training and experience, to meet the care, supervision and activity needs of the residents. Licensing officers inspect to ensure licensees maintain enough staff to meet the needs of residents and that all employees meet basic health and competency standards and are able to carry out their duties effectively.

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    Updated March 7, 2011