Our Montreal-based lawyers handling files regarding childcare and professional schools can advise and address your queries regarding the legal framework of this industry. Our team can prepare and review your policies as well as draft employment or service contracts. We can also assist you in obtaining the necessary permits and represent you should a dispute arise.
Legal Experience and Advice in Education and Daycare Law
If your organization holds the core value and conviction that education can foster growth in everyone, we aim to partner with you to help achieve this goal in a most enriching environment. Our current clients stand out for their specialized methods, and their approach focused on the needs of their clientele and society. Our lawyers can contribute to these achievements by supporting you in establishing your company policies, your employment contracts, and the establishment of healthy labour relations, whether you have employees or contract with self-employed workers.
We also work with both subsidized and unsubsidized daycares. Business realities, requirements, and permits vary depending on the environment and facility. It can sometimes be challenging to navigate, which is why we aim to be your business partner. For example, how do you ensure that customer personal information remains confidential through the digital transition we are experiencing? Do you need to anticipate different contracts depending on what is offered online, and the social balance sought by the presence? How will the new Bill 96 impact your relationship with your English-speaking clients and employees?
Our lawyers in education law and school rights can assist you with the various challenges faced by this industry.
Hiring Personnel and Human Resources:
Hiring Personnel and Human Resources:
Professional schools and other authorized establishments can meet their operational needs by retaining the services of self-employed course instructors.
For childcare services, as in many industries, there is a stark shortage of educators to fill positions, which in turn puts pressure on wages. As with our clients in other industries and sectors, our firm in education and daycare law collaborates with many professionals from other fields, such as immigration consultants, to hire competent and motivated workers willing to work at a salary that fits your budget.
Securing a Key Location for the Operation and Growth of Your Business:
Securing a Key Location for the Operation and Growth of Your Business:
Our lawyers in education law and school rights can assist you in negotiating a commercial lease or purchasing a building allowing you to operate your childcare service or establishment while considering the regulatory specifics of your field.
Obtaining and Maintaining Current Permits:
Obtaining and Maintaining Current Permits:
In the following paragraphs, we will discuss, among other things, certain essential conditions for obtaining permits for an unsubsidized daycare, a subsidized daycare, as well as Childcare Centers. It is important to note that other conditions relating to zoning, municipal and provincial regulations, children's needs, or any other related elements may apply. Mainly, the application of the Educational Childcare Act (hereinafter the « Act ») will be observed.
Unsubsidized Home Childcare Service:
Unsubsidized Home Childcare Service:
It is possible to offer childcare services at home without being recognized as a responsible childcare service provider or holding a permit when six children or fewer are received, with no more than two under 18 months old. Article 6.1 of the Act notably indicates that the person must hold for themselves and any adult living in the residence a certificate issued by a police force or the minister that none of them are subject to an impediment related to an offense or criminal act linked to the required aptitudes for running a daycare or that the person has previously engaged in behavior that could reasonably cause concern for the physical or moral safety of the children. They must also not have been found guilty of applying degrading or abusive measures, threats, humiliation, of having harmed the dignity or self-esteem of a child they have provided childcare services for. This person must also hold a certificate of success in a first aid course, a civil liability insurance policy meeting government standard, and notify parents that in terms of childcare services, they are not subject to the supervision of a coordinating office for home childcare.
A person may apply for a daycare permit according to the criteria of Article 11 of the Educational Childcare Act must be offered in a single facility where this person commits to ensuring the health, safety, and well-being of the children they receive. The feasibility, relevance, and quality of the project must be demonstrated to the minister. For these criteria, it is respectively the applicant's ability to carry out the project that is evaluated, as well as the project's consistency with the needs for childcare services and the development priorities of services in the territory, and the coherence between the offer and the means put in place concerning location, human, material, financial, and informational resource management. Fees must also be paid for obtaining as well as other regulatory conditions.
Whatever your situation, it's important to consult a lawyer familiar with childcare and professional schools to obtain help and legal advice tailored to your specific needs and support through all the steps of your business projects.