As it stands unlicensed day care is not, nor can be regulated by the Ontario government. This is mainly due to the fact that being unlicensed means that the governing body is unaware that it exists. In this light utilizing an unlicensed day care facility means that there is no guarantee in the quality of care or the reputation or certification of the staff running the facility.
Moreover, such a facility is going without ever being inspected by the Ministry of Education and therefore may fall into an illegal category. While it is not unlawful to operate unlicensed as a day care there are certain guidelines that must be followed.
Unlicensed caregivers must follow the rules under the existing legislation governing child care in Ontario, the Day Nurseries Act. This legislation restricts the number of children an unlicensed provider can legally care for. This translates into someone who cares for more than 5 children must be licensed. This limit on the number of children applies regardless of how many adults are present at the home and unlicensed providers may not operate at multiple premises.