Do I Need a Licence to Operate a Home Daycare in Ontario?

Do you need a licence for your Ontario home daycare?

Usually no, as long as you stay at or under 5 children under age 13. Ontario’s Child Care and Early Years Act, 2014 (CCEYA) sets a general rule that no one may operate a premises where child care is provided “except under the authority of a licence to operate a child care centre” (s. 6(1)). But the same Act carves out an exemption in section 6(3): if you provide care to a maximum of 5 children under 13, you can legally run an unlicensed home daycare. Cross more than 5 children, and the licence requirement in s. 6(1) applies in full, no exceptions.

This makes the real question for most home daycare operators not “do I need a licence” in the abstract, but “how many children am I caring for, and does that number push me over the line.”

The 5-child threshold: what flips the answer

The exemption is a hard number, not a judgment call:

• 5 or fewer children under age 13: you can operate without a licence, subject to the disclosure and single-location rules below.
• More than 5 children under age 13: a licence is mandatory. Operating above this line without a licence is outside the exemption in s. 6(3) and falls back under the general prohibition in s. 6(1).

Unlicensed providers also face a location restriction: they may not operate at more than one location. If you’re thinking about expanding into a second home or coordinating multiple sites, that structural cap is worth knowing before you commit to a lease or hire staff, because it isn’t just about headcount.

There’s also a mid-process scenario. If you’ve applied for a licence, the Ministry review can take 4 to 6 months. During that wait, you may legally operate as an unlicensed provider, still capped at 5 children and one location, while your application moves through the system.

What unlicensed providers must still do

Staying under 5 children doesn’t mean staying invisible to the regulatory framework. Two obligations apply specifically because you are unlicensed:

1. Written disclosure to parents. Before providing care, an unlicensed provider must disclose in writing, using the exact wording “This child care program is not licensed by the Government of Ontario.” A copy of that written notice must be kept on file for 2 years.
2. No inspection regime. Unlike licensed home child care providers, who are inspected by the Ministry of Education at least once a year to confirm compliance with provincial health, safety, and program standards, unlicensed providers are not subject to that inspection cycle. This cuts both ways: less oversight, but also no external check confirming your setup meets those standards.

What licensing involves, if you choose it or exceed the threshold

If you go over 5 children, or you decide to license voluntarily, the process runs through Ontario’s Child Care Licensing System (CCLS). You register, submit an application and supporting documents, and pay a non-refundable application fee deposit. The fee amount is tiered by how many children you plan to care for or how many home child care premises you’ll oversee, and the tiers are set out in O. Reg. 137/15 under the CCEYA; check the current CCLS fee schedule directly, since the exact dollar figures were not confirmed in the source material for this article.

Licensed home child care in Ontario doesn’t work as a solo arrangement: an individual provider is overseen by a licensed home child care agency, and under that structure can care for up to 6 children under 13, including the provider’s own children under age 4, with a sub-cap of 3 infants. That 6-child cap (with your own kids counted in) is one reason some providers who could technically license choose to stay under the 5-child unlicensed threshold instead.

What you can do next

• Count carefully. If you’re at or near 5 children under 13, confirm which children count toward that cap before adding another family.
• Put the disclosure in writing now. If you’re operating unlicensed, the written notice to parents and the 2-year record-keeping requirement are not optional extras, they’re set out in regulation under the CCEYA.
• Start a licence application early if you expect to grow. The 4 to 6 month processing window means a decision to expand past 5 children needs lead time, and you can keep operating unlicensed (at the 5-child cap) while the application is in process.
• Check the current fee schedule on the CCLS portal before budgeting for licensing, since fees are tiered and set by regulation rather than fixed at one flat rate.