For centres and agencies · 5 min

Sleep supervision and direct visual checks

Children under 12 months are placed for sleep in line with the Public Health Agency of Canada’s Joint Statement on Safe Sleep unless the child’s physician recommends otherwise in writing. While children in infant or toddler groups (and children under 24 months in family age groups or home child care) sleep, an employee or provider periodically performs a direct visual check by being physically present beside the child and looking for signs of distress, with enough light to do so. The written sleep policy says how often the checks happen and how they are documented (s. 33.1).

Checked against e-Laws on Oct 1, 2026. Section numbers are O. Reg. 137/15 unless another instrument is named.

Placement for sleep (s. 33.1(1))

For a child younger than 12 months the placement follows the PHAC statement, which calls for a baby placed on the back, alone, in a crib that meets Canadian standards, with no soft objects. A physician’s written recommendation to do otherwise is kept in the child’s file (s. 72(1), paragraph 12).

Direct visual checks (s. 33.1(2)(a))

A direct visual check means being physically present beside the sleeping child and looking for indicators of distress or unusual behaviour. A glance from the doorway, a monitor or a camera does not meet the definition. The regulation says the checks are periodic and leaves the interval to the licensee’s policy; the Licensing Manual expects the interval to be set and followed.

Who is covered

Children in a licensed infant or toddler group, whatever their age.
Children under 24 months in a licensed family age group.
Children under 24 months in home child care.

The written policy (s. 33.1(2)(c))

The policy must provide that children are assigned to individual cribs or cots; that parents are consulted about sleeping arrangements at enrolment and at transitions; that parents of children under 12 months are told about the safe sleep obligation; that parents of children who regularly sleep in care are told about the sleep policy; that significant changes in a child’s sleep are communicated to parents and lead to adjusted supervision; and how direct visual checks are performed, how often and how they are documented. There must also be sufficient light in the sleeping area to conduct the checks (s. 33.1(2)(b)).

The record

The documentation the policy promises is what the inspector reads: for each sleeping child, the times of the checks and the initials of the person who made them. A sleep log with children’s names and no times, or with times that are all identical to the minute, raises questions.

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.