Daycare Contract Question - Ontario Canada members only?

Question

Does anyone know if daycares fall under the Consumer Protection act for canceling contracts in the 10 day cooling off period? I signed my son up for a new daycare yesterday, they required 2 weeks down payment to hold his spot (he's not starting for 3 more weeks). I've since learned the daycare is under ministry watch for health/safety reasons so I don't want him to go there. I also don't want to lose my $400 (although if it's my son's health, obviously that comes first). Just wondered if I can use the cooling off period if they say my money is non-refundable.

Answer 1

maybe, go to city hall..they'd be able to tell you.

Answer 2

Wow.  I don't know the answer, but would guess not.

However, I would contact the daycare and tell them your concerns, and request your money back.  Go from there.  If they give you a hard time, contact the Better Business Bureau or the Ministry of Community and Social Services.

Have they cashed the cheque?  Normally, you are required to give 2 weeks written notice to withdraw your child, so you shouldn't have to pay since your son has not started yet.  If they give you a hard time, put a stop payment on the cheque.

I live in Ontario too, and my daughter attends daycare as well.

If all else fails, suck up the $400.  Good luck finding another centre.

Answer 3

Only contracts signed in your home qualify for the 10 day cooling off period. I expect you signed it at the daycare office, and that is not applicable.

Being "under watch" is not particularly unusual for a daycare, the regulations are very complex and although an operator should know them and, of course, follow them... it's pretty easy to slip up a bit. There is often a very big difference between bending a rule and actually placing children in danger - you should find out what exactly the problems are, the daycare should let you see the ministry inspection reports and compliance orders.

The feeling you get at the daycare is more important than the strict observance of every rule. If the staff are good, the place is clean, the food service is nutritious, the playground safe...

Anyway, I suggest talking to the manager/director about your concerns, tell her what you have learned and ask what happened. If you still want to go elsewhere, you can ask for a refund - they may refuse or only give you something back if your son's place is taken before he is scheduled to start.