An agreement signed with a home daycare facility or early childhood centre is a contract for services involving sequential performance governed by the Consumer Protection Act. You should know its terms in order to enforce your consumer rights.
Service contract
Contract content
A daycare service contract must be signed by both parties: the parent and the daycare service provider.
It must contain the following information:
- name and address of the parent and the daycare centre;
- date and place the contract was signed;
- description of the daycare services the daycare centre promises to offer (including the hours the services are available and, if applicable, the dates they are not);
- date the child can begin attending the daycare centre and address where services will be provided;
- duration of contract;
- number of hours, days or weeks over which the service are distributed and hourly, daily or weekly rate, as applicable;
- total amount payable under the contract;
- terms of payment.
The contract must be produced in two copies and in French, unless both parties agree on another language.
It must be signed by the daycare service provider first and then by the parent, who must receive a signed copy of the contract and is required to meet his or her obligations only once this copy is received.
In addition to the information indicated above, the contract must contain various mentions required by law. Further, a termination form must be attached to it.
Subsidized daycare services: contract
The Regulation respecting reduced contributions requires the following information to be added to the service agreement:
- description of services required;
- benefit period, i.e. full day or half day;
- expected days of attendance;
- service delivery times.
Before the daycare service agreement is signed, the daycare service provider must give the parent a detailed description of the excursions, hygiene articles and meals for which additional fees are charged and the amount of these fees. If the parent agrees to pay these costs, the parties draw up a special contract to this effect.