October 19, 1999
To: Children and Youth Action Committee
From: Commissioner of Community and Neighbourhood Services
Subject: Impact of New Provincial Safety Requirements for Playgrounds in
Licensed Child Care Programs
Purpose:
This report outlines the service and funding implications of the Ministry of Community and Social Services (MCSS)
Playground Safety Requirements for playgrounds in licensed child care programs.
Funding Sources, Financial Implications and Impact Statement:
The estimated annual cost of a seven year phased plan of retrofit or replacement of child care centre playgrounds is $5.0
million (gross). There is no indication that additional provincial funding will be approved for this purpose.
Recommendations:
It is recommended that:
(1) the City initiate negotiations with the Ministry of Community and Social Services concerning criteria for a phased
implementation of compliance with the new playground licensing standards;
(2) the City seek a cost sharing agreement with the Ministry of Community and Social Services with respect to the
additional costs incurred by child care programs to achieve compliance with the new playground licensing standard;
(3) Consultation with City Officials responsible for legal services, risk management and inspection service be completed
and the Commissioner report on a proposed role for the City in any future inspection and audit of playgrounds in childcare
programs for compliance with the new playground licensing standard; and
(4) the appropriate City Officials take the necessary action to give effect thereto.
Council Reference/Background/History:
The Children and Youth Action Committee at its meeting of September 21, 1999 requested that the Department prepare a
report for Council discussing the implications of the new provincial safety requirements for playground in licensed child
care programs. Effective September 30th, 1999, the Ministry of Community and Social Services advised all licensed child
care programs that it had adopted new requirements related to outdoor play spaces in child care centres. The Ministry of
Community and Social Services which licenses all child care programs under the Day Nurseries Act has adopted the new
Canada Standards Association Standard CAN/CSA Z6114-98 (see appendix 1 of this report) as the indicator of compliance
of Section 16 of Regulation 262 under the Day Nurseries Act. The City's Operating Criteria for Child Care Programs under
service contract with the City reflect the requirements of the Day Nurseries Act.
Effective May 1998, the CSA Standard, CAN/CSA Z614-98 was approved as a National Standard of Canada by the
Standards Council of Canada. This standard applies to public play areas and includes child care centres. This standard does
not apply to home-made equipment or play equipment intended for private backyard use.
In recognition of the impact of the CSA standards on the 833 playgrounds operated by the Economic Development, Culture
and Tourism Department, the Budget Committee at its meeting of January 19, 1999, approved the addition of $60,000 to
the Department's 1999 Capital Budget. The funds were used to audit and prioritize playground upgrades for the
Department's playgrounds to meet the CSA Standards. This audit will form the basis for a program of phased replacements
and improvements to meet the CSA Standard. While the Standards apply to all public playgrounds there is no mandatory
date of compliance indicated in the Standard. The impact on licensed child care centres is more immediate because the
Standard has been used to indicate compliance with the Day Nurseries Act.
Comments and/or Discussion and/or Justification:
Section 16 of Regulation 262, under the Day Nurseries Act (DNA) requires that operators of a day nursery ensure that all
equipment and furnishings are maintained in a safe and clean condition and kept in a good state of repair. This section
applies to both indoor and outdoor equipment. As of September 30, 1999 the Ministry of Community and Social Services
has adopted the new CSA Standard CAN/CSA Z6114-98 as the indicator of whether a playground is in a safe and clean
condition and kept in a good state of repair. Licensing Specialists from the Ministry of Community and Social Services will
review compliance with the Ministry requirements during annual licensing inspections.
In addition to the CSA standard requirement Operators are required to comply with the Ministry Policy for Playground
Safety as outlined below:
(1) an independent certified inspector must provide written verification that all new playground equipment as well as
installation, repair or renovation of the playground meets the CSA Standard;
(2) playground surfacing under all existing play equipment must meet CSA standards for shock-absorbing performance;
(3) centres are required to develop and implement a Playground Safety Policy which includes the maintenance of safety
logs, and the documentation of inspections, repairs, installation, and maintenance activities; and
(4) records of staff supervision plans and outdoor playground staff supervision schedules.
In accordance with the CSA Standard all playgrounds in licensed child care programs must be inspected annually. This
inspection may be done by the owner or an independent third party. The Ministry may order an independent third party
inspection if the licensing specialist has safety concerns about the equipment. Operators are responsible for the costs of
third party inspections. Currently, there are only two consulting firms within the city certified to conduct an independent
safety inspection in the Toronto area. Private inspections begin at a cost of approximately $250.
Discussions with staff from Public Health, Parks and Recreation and Legal are underway to determine the feasibility of the
city offering inspection services to licensed child care centres.
Because very few playgrounds have been inspected by a certified inspector the full impact of the new directive is difficult
to predict. Of the 760 licensed child care programs in the City of Toronto, 42 opened after the new CSA playground
standards were approved in May 1998. The playground structures for the remaining 718 child care programs are unlikely to
meet the new CSA standard. It is expected that some play structures will require minor modifications to comply with the
standards while others will need to be replaced. Most, if not all, playgrounds are likely to require some modification to
surfacing as a result of the new standards.
Since the introduction of the CSA requirements, at least 2 child care centres have removed their play-structures following
CSA inspections that identified hazards. Another centre has been ordered not to use their playground pending action to
address safety concerns. In addition, a number of programs have been required by the Licensing Specialist to submit a 3rd
party CSA inspection report as part of the licensing process. In other cases operators have decided to have their
playgrounds inspected by a Certified Playground Safety Inspector.
Until 1994, the Ministry of Community and Social Services provided funds through a minor capital program to repair or
replace playground structures. Since 1994 there has been only limited and sporadic provincial funding available to repair or
replace unsafe playground structures. The City of Toronto assumed funding and system management responsibility for
child care in the recent download of programs from the Province, however no funding for minor capital or health and safety
issues was made available. Current per diem rates paid to child care centres on behalf of families eligible for fee subsidy do
not meet the costs of retrofitting or replacing playgrounds.
Preliminary estimates which are based on an assumption of replacement, retrofits and surfacing upgrades suggest that costs
of $5 million (gross) per year for 7 years would bring the all licensed child care playgrounds into compliance with the CSA
Standard.
Since significant injuries to young children in child care may occur as a result of outdoor experience on playgrounds, it is
important to ensure that playgrounds are designed to meet safety standards which minimize risk. The new CSA Standards
address the issues of playground safety and regular maintenance and therefore serve to reduce the risk to children. In
recognition of the importance of playground safety the Children's Services Division introduced a playground
safety-training program in 1997 which included a video and manual outlining safety principles and practices. While the
City's Operating Criteria has always addressed the issue of playground safety the criteria will be revised to address the new
standards.
Child care programs with purchase service contracts are required to report accidents to the City. A review of all the injuries
to children in child care centres reported to Children Services since January 1997 was undertaken. Of the 958 reported
injuries to children in child care centres since 1997, almost half occurred on outdoor playgrounds. The injuries ranged from
minor abrasions, cuts requiring sutures, broken bones, and concussions. Falls from climbers accounted for 30% of the
playground equipment related injuries.
Conclusions:
New playground safety requirements for licensed child care centres from the Ministry of Community and Social Services
will affect all licensed child care operators. The Standards are intended to minimize the risk of playground injuries and
ensure children's safety, however the lack of adequate funding will be a substantial barrier to compliance. The City's
Operating Criteria will be revised to reflect the new requirements. The Commissioner will report back on playground
inspection options to support child care operators.
Contact Name:
Brenda Patterson (phone 392-3319, fax 392-4576)
General Manager of Children's Services Division
Commissioner of Community and Neighbourhood Services
