For centres and agencies · 8 min

Anaphylaxis, medical needs and medication

The short answer

Every centre and every home child care premises has an anaphylactic policy, and each child with an anaphylactic allergy or other medical needs has an individualized plan made with a parent. A licensee that agrees to give medication needs a written procedure, a parent’s written authorization with a schedule, the original labelled container, locked storage at a centre and one person in charge. Since July 1, 2026 a child, employee or provider may carry medication where the child’s plan allows.

Checked against e-Laws on Nov 2, 2026. Section numbers are O. Reg. 137/15 unless another instrument is named.

The anaphylactic policy (s. 39(1))

A strategy to reduce the risk of exposure to anaphylactic causative agents, including rules for parents who send food with their child.
A communication plan for sharing information about life-threatening allergies, including anaphylactic allergies.
An individualized plan for each child with an anaphylactic allergy.
Training on the procedures to follow when a child has an anaphylactic reaction.

The rules for food sent from home are copied into the parent handbook (s. 45(1)(a.1.1)).

Individualized plans (ss. 39(2), 39.1)

The plan for a child with an anaphylactic allergy is developed with a parent and with any regulated health professional involved in the child’s care whom the parent wants included. It describes the procedures for an allergic reaction or other medical emergency and, since July 1, 2026, names who may carry the child’s medication (s. 39(2)).

A child with other medical needs has a plan under s. 39.1, developed the same way, that covers the steps to reduce exposure to anything that could worsen the condition or cause a reaction, any medical devices and how they are used, who may carry the child’s medication, what to do in an emergency, the supports available to the child, and anything extra for an evacuation or an off-site field trip. A child whose only medical need is an anaphylactic allergy already covered by a s. 39 plan does not need a second plan (s. 39.1(4)). A copy of every individualized plan goes in the child’s record (s. 72(1), para. 9.1).

Giving medication (s. 40(1))

A licensee does not have to agree to give medication; the Licensing Manual (Part 5.10) notes that if it does not, no one at the centre may. That guidance predates O. Reg. 197/26, which added s. 40(2): it says the licensee shall permit carrying in the cases set out below. Each child’s plan also sets out the emergency procedures (ss. 39(2)(b), 39.1(3)(c)). Where the licensee agrees to give medication:

There is a written procedure for giving any drug or medication and for keeping records of each time it is given.
A parent gives written authorization with a schedule of the times and amounts. The Manual adds that “as needed” is not enough on its own: the instructions say which signs call for a dose.
The medication is given only from the original pharmacy container or package, labelled with the child’s name, the medication, the dosage, the purchase and expiry dates where they apply, and instructions for storage and administration.
It is stored and given as the label and the authorization say, is out of children’s reach at all times and, at a centre, is kept in a locked container.
One person at each centre and each home is in charge of all medication, and anyone else deals with it only as that person designates under the procedure.

The Manual treats any product with a Drug Identification Number (DIN) as a drug or medication for s. 40, prescribed or not, and expects the record-keeping procedure to cover every dose, including a dose a child gives themselves and any dose given by mistake.

Who may carry medication (s. 40(2), since July 1, 2026)

Despite the out-of-reach, locked-container and one-person rules, the licensee must permit a home child care provider, an employee or the child to carry the child’s medication if the child’s individualized plan allows that person to, and either the medication is for asthma, emergency allergies, diabetes or epilepsy, or the licensee has documentation from a regulated health professional authorized to prescribe that the child’s health could be significantly at risk without immediate access. The Licensing Manual (published January 23, 2025; Part 5 updated April 15, 2025) still describes carrying as something a licensee may allow a child to do, for asthma and emergency allergy medication only; it does not yet mention O. Reg. 197/26, and the regulation is what applies.

Sunscreen, diaper cream and similar products (s. 40(3), (4))

Sunscreen, moisturizing skin lotion, lip balm, insect repellent, hand sanitizer and diaper cream are not treated as drugs unless one has been prescribed for the child. They still need a parent’s written authorization, which the Manual says can be given once; storage as the label says, in a container labelled with the child’s name and the product; and use from the original container, following the label and any instructions from the parent.

Allergy and menu postings (s. 43)

In a centre, a list of the children who have allergies or food restrictions, with their allergens or restrictions, is posted in each cooking and serving area and each play area or play room, and is available anywhere else children may be (s. 43(3)). Planned menus for the current and the following week are posted with substitutions noted, and kept for 30 days after the last day they cover (s. 43(1), (2)). Special dietary and feeding arrangements are carried out according to a parent’s written instructions (s. 44).

The records

The child’s record holds a copy of each individualized plan and the parent’s signed instructions for any medication or medical treatment given during care (s. 72(1), paras. 9.1 and 10); those records are kept for three years after the child leaves (s. 72(5)). The medication record the s. 40 procedure sets up is kept for three years from the date it was made (s. 82). Records and retention has the full list.

Sources

O. Reg. 137/15 as consolidated on e-Laws (consolidation from July 1, 2026; last amendment O. Reg. 197/26). This guide explains the regulation in plain words; it is not legal advice, and the Ministry’s program advisors decide compliance.