For centres and agencies · 7 min

Records and retention: what to keep and for how long

Every record the regulation requires is kept in a secure location for at least three years from the date it was made, unless a section says otherwise, and is available for inspection at all times (s. 82). Records may be on paper or electronic. Children’s records under s. 72 are kept for three years from the child’s discharge; fire and missing-child drill records for 12 months; everything else, including policy sign-offs, serious-occurrence summaries, compliance records and daily attendance, falls under the three-year rule.

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

The general rule (s. 82)

Where the regulation requires a record, report or document to be made or kept, the licensee keeps it in a secure location for at least three years from the date it is made, unless otherwise specified, and makes it available for inspection by an inspector or program advisor at all times. Since 2021 the regulation says plainly that records may be made or kept in either hard copy or electronic form (s. 82(2)).

Records for each child (s. 72)

An application for enrolment signed by a parent.
The child’s name, date of birth and home address; the parents’ names, addresses and telephone numbers.
The names of the people to whom the child may be released, and any written permission for the child to leave unsupervised at a set time.
Dates of admission and discharge.
History of communicable diseases, conditions requiring medical attention and, for children not in school, immunization or the exemption form.
Symptoms of ill health; a copy of any individualized plan; signed instructions for any medication or medical treatment; signed instructions on diet, rest or physical activity.
Any physician’s written recommendation about the child’s placement for sleep.

These records are kept on the premises of the centre, or at the home and at the agency, and for at least three years from the date the child is discharged (s. 72(2), (5)). The medical officer of health may inspect the identifying, contact, health and attendance records (s. 72(6)).

Attendance (s. 72(3), (4))

Two attendance records are required: the daily attendance of each child with the time of arrival and departure, or absence; and, for each licensed age group, which children were in the group each day and the hours they were in it. The second is what makes ratios checkable after the fact. Both are records “under this section”, so s. 72(5) applies: they are kept for three years from the child’s discharge, which for a child enrolled for four years means seven years of attendance on file.

Shorter and longer periods

Retention periods that differ from the general rule
Record	Kept for	Section
Fire drill, alarm test and equipment test records	At least 12 months from the date	s. 68(1)(e)
Missing-child drill records (from January 1, 2027)	At least 12 months from the date	s. 68.2(3)
Children’s records under s. 72, including the attendance records of s. 72(3) and (4)	At least three years from the child’s discharge, not from the date made	s. 72(5)
Serious occurrence summaries	Per s. 82: at least three years	s. 38(1)(d)
Records of policy compliance and contraventions	Per s. 82: at least three years	s. 6.1(8)

Postings

Some documents are posted rather than filed: the fire procedure in every room (s. 68(1)(c)), menus and the list of children’s allergies (s. 43), the serious-occurrence summary for 10 business days (s. 38(1)(c)). Posting does not replace keeping; the summary comes down after its 10 days and goes into the file.

Agencies: the register (s. 74)

A home child care agency keeps a register of the address of each premises, the names and addresses of the children in each, and the provider’s name, up to date within one business day of any change.

Electronic records

Electronic is allowed; the obligations do not change. The record must still be made at the time, be secure, be producible for an inspector on the spot, and survive three years, including a change of software or supplier. Before moving a record off paper, ask the vendor where the data is kept, how you export all of it, and what happens to it if you leave.

Sources

O. Reg. 137/15 as consolidated on e-Laws (current to September 28, 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.