Daycare / Childcare Service Contract — Quebec

A Daycare / Childcare Service Contract — Quebec in Quebec a Quebec Childcare Service Contract (Contrat de services de garde) is a legally binding agreement between a childcare provider and the parent or legal guardian of a child, establishing the terms under which early childhood care and educational services will be provided. This contract is governed by two principal bodies of law: the Loi sur les services de garde éducatifs à l'enfance (RLRQ, c. S-4.1.1) and the Code civil du Québec (RLRQ, c. CCQ-1991), specifically articles 2098 to 2129 governing contracts for services.

Quebec has one of the most developed early childhood education and care (ECEC) systems in North America, built around the network of CPEs (centres de la petite enfance), subsidized home-based daycares, and private childcare centres. The Ministère de la Famille oversees the licensing and regulation of childcare services to confirm the safety, developmental support, and well-being of children. However, even unlicensed private arrangements between families and individual caregivers are governed by the general rules of the Code civil du Québec.

The childcare contract formalizes the relationship between the provider and the family, specifying the schedule, fees, obligations of each party, policies for absences and vacations, emergency procedures, and the notice required to end the relationship. A well-drafted contract protects both the provider's right to be paid and the family's right to quality, safe, and educational childcare services.

The principle of bonne foi (good faith) under article 1375 CCQ applies to all childcare service contracts. Both parties must act honestly and reasonably in fulfilling their respective obligations. The privacy of children and parents is specifically protected by the Loi sur la protection des renseignements personnels dans le secteur privé (RLRQ, c. P-39.1) as modernized by Loi 25 (Loi modernisant des dispositions législatives en matière de protection des renseignements personnels), which imposes obligations on private childcare providers to protect personal information.

The Quebec Daycare / Childcare Service Contract — Quebec template is designed for private childcare arrangements — individual home-based caregivers, private (non-subsidized) daycare centres, and similar services — rather than regulated CPE or subsidized home daycare arrangements, which are subject to additional Ministry of Famille regulations and standardized agreements.

When a family in Quebec is placing their child with a private home-based daycare provider (gardienne en milieu familial non subventionnée), a nanny working in the family's home, or a private daycare centre that is not part of the subsidized CPE network. A written contract protects both the family and the provider by clearly establishing the terms of the arrangement.

When a childcare provider is starting their business and needs a professional contract template to use with all client families, establishing consistent policies on fees, absences, holidays, and termination.

When a family needs to document the specific schedule, fees, and responsibilities of the childcare arrangement for tax purposes, particularly for claiming the Quebec Childcare Expense Tax Credit (crédit d'impôt pour frais de garde d'enfants) under the provincial Loi sur les impôts (RLRQ, c. I-3) and the federal Child Care Expense Deduction under the Income Tax Act.

When the childcare arrangement involves special needs, allergies, or medical conditions requiring specific protocols to be documented and agreed upon in writing.

When either the family or the childcare provider wants clarity about the notice period required to end the arrangement, the policy for holidays and vacations, the fee structure including late pickup charges, and the procedure for emergencies and medical authorization.

When the childcare arrangement is changing — for example, a schedule modification, fee increase, or change in pickup arrangements — and the parties want to document the new terms formally.

Without a written contract, misunderstandings about fees, schedules, and obligations are common. A childcare provider who has not established a written contract may have difficulty collecting unpaid fees, while a family without a written agreement may have little recourse if the provider terminates the arrangement without notice.

Identification of the Provider — Full legal name, address, telephone, and email of the childcare provider or childcare centre. If the provider is licensed, the license number should be included.

Identification of the Parent or Guardian — Full legal name, address, and contact information of the parent(s) or legal guardian(s) who are parties to the contract.

Child Information — Full name and date of birth of the child receiving care, along with any known allergies, medical conditions, dietary restrictions, or special educational needs relevant to the childcare arrangement.

Schedule and Hours — The specific days of the week and hours during which childcare services will be provided, the start date, and the initial contract duration. A clear schedule prevents disputes about what is included in the base fee.

Fees and Payment Terms — The daily, weekly, or monthly childcare fee in Canadian dollars, the payment method and schedule (in advance, monthly, by Interac e-Transfer), and any fees for late pickup or late payment. Under Quebec tax law, childcare expenses are deductible and must be documented.

Absence Policy — The notice required for planned absences and whether fees are charged during absences. This is a common source of disputes if not addressed in writing.

Provider Holidays and Closures — All statutory holidays and planned closure periods (summer vacation, Christmas holidays) so the family can arrange alternative care in advance.

Emergency Contact and Medical Authorization — The designated emergency contact if neither parent is reachable, and explicit authorization for the provider to call emergency services and consent to emergency medical treatment if required.

Outings Authorization — If the provider will take the child on outings, the types of outings authorized and any conditions or limitations.

Termination Notice — The minimum notice period required by either party to end the contract, and the circumstances that justify immediate termination without notice.

Privacy Protection — The provider's obligations under Loi 25 to protect personal information collected about the child and parent.

Good Faith — The obligation of both parties to perform their obligations in good faith under article 1375 CCQ.

Additional compliance elements for a Daycare / Childcare Service Contract — Quebec used in Quebec include: Data Protection — applicable privacy legislation requires a lawful basis for processing personal data; Governing Law — specify Quebec law and jurisdiction; Dispute Resolution — parties may refer disputes to the appropriate tribunal or court.