N.W.T. gov't walks back its demand that child-care operators stop using playground equipment in winter

The N.W.T. government has walked back a new directive forbidding child-care operators from using playground equipment in the winter.

In a public service announcement Thursday afternoon, the territory said the order it sent to child-care operators last week was actually just a recommendation, despite originally telling operators it was a requirement.

The issue stemmed from a Nov. 24 letter from the Department of Education, Culture and Employment (ECE), which said  fixed playground equipment like slides, climbers and monkey bars rely on "proper surfacing material" like sand, rubber or wood chips to protect kids, and don't work well in the winter.

"For this reason, ECE is requiring licensed operators to refrain from using playground equipment for the duration of the winter season to lessen the likelihood of injuries to children during outdoor play," that letter read (emphasis from ECE).

"While it is not possible to eliminate risk of injury in any outdoor activity, discontinuing the use of outdoor play equipment during the winter months when the ground is frozen will contribute to greater safety of children overall."

But in Thursday's announcement, the department now says that was a "request".

"The [government] wishes to clarify that the letter was not meant to restrict children's access to playground equipment," the announcement read.

It went on to say the department "has been made aware of incidences in the N.W.T., including serious injuries to children, resulting from playground equipment that was unsafe due to winter conditions."

Original letter left operators 'reeling'

The original Nov. 24 letter threw child-care operators for a loop. The N.W.T. Early Childhood Association called for the government to reconsider its decision, or at least consider allowing operators to use a risk analysis tool instead of imposing a blanket rule against playground use.

Earlier Thursday, Patricia Davison, the chair of the N.W.T. Early Childhood Association, said child-care operators — many of which have play structures in their yards — were still trying to figure out what the apparent rule would mean for them, and had no idea what prompted it.

"When the letter was received, I had some communication with program operators who were quite overwhelmed because they had no indication that this was even in the works. And outdoor play all year round is such a vital part of any early childhood program," Davison said at the time.

"I think the sector was just really reeling from this information and trying to decide exactly what it meant."

Her association wrote back to the department, pointing to research on the importance of "risky play" for young kids.

Davison also pointed to the territory's own regulations for child-care operators, which require operators to provide daily outdoor play for each child along with safe outdoor play space and equipment, and to fence off potentially hazardous equipment.

"If we look at this new directive, and apply the existing regulations, does that mean we have to fence these playground structures because they're deemed a hazard now?" Davison said. "If so, that's very, very difficult to do at this time of year, in the middle of winter."

The original letter also confused the Yellowknife Daycare Association, who told CBC earlier Thursday that they didn't know how to follow it because it wasn't clear on what child-care operators should do.

Mandy Janse van Rensburg, the association's executive director, said at the time that they were waiting to see how the government would respond to the concerns.

"We hope that ECE will consider the holistic development of the child and them being able to play outside and experience risky play," she said at the time.

Department following up with operators

In its announcement Thursday afternoon, the department said it has now sent a follow-up letter to program operators to clarify its stance on playground use.

"This is intended to serve as a reminder of their continued responsibility to follow manufacturers' instructions for play equipment," the announcement stated.

"If playground equipment is used in the winter, strict supervision is required, and consideration must be given to the hazards presented by the winter clothing children are wearing and the effect of freezing temperatures on the protective surface."

It also acknowledged the importance of "risky play" to children's learning and development, and said the department would be providing professional learning opportunities on that topic.

"Collectively, it is important that those of us in roles of responsibility for children's safety distinguish between risky versus dangerous play situations," it stated.

Prior to the department changing its mind, CBC requested interviews with Education Minister R.J. Simpson, officials with the Department of Education, Yellowknife Mayor Rebecca Alty and the city's community services department. None of those were granted by this story's deadline.