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Day Care Regulations

made under Section 15 of the
Day Care Act
R.S.N.S. 1989, c. 120
O.I.C. 79-1556 (November 27, 1979), N.S. Reg. 195/79
as amended up to O.I.C. 2004-363 (September 8, 2004), N.S. Reg. 202/2004

1 Regulations made by the Governor in Council prior to the 1st day of January, 1980, respecting the Day Care Services Act and the Day Nurseries Act are repealed effective the 1st day of January, 1980.

2 These regulations shall come into force on the first day of January, 1980.

3 For the purpose of these regulations

(a) "exceptional child" means a child who has a mental, physical, emotional, sensory-motor or learning handicap, which, if the full potential of the child is to be realized, requires early intervention to prepare the child for entry into appropriate school placements;

(aa) "infant" means a child who is 17 months of age or younger;
Clause 3(aa) added: O.I.C. 2000-635, N.S. Reg. 200/2000.

(b) "non-profit facility" means a facility incorporated as a non-profit organization and includes any organization the income and assets of which are not available for the personal benefit of any proprietor, member or shareholder;

(c) "recreational" means single focused activities whose primary purpose is to provide some form of recreation and may include activities such as organized sports;
Clause 3(c) replaced: O.I.C. 2000-635, N.S. Reg. 200/2000.

(ca) "school age" means up to and including the age of 12 years and attending school;
Clause 3(ca) added: O.I.C. 2004-363, N.S. Reg. 202/2004.

(d) "toddler" means a child who is between the age of 18 months and the age of 35 months inclusive.
Clause 3(d) added: O.I.C. 2000-635, N.S. Reg. 200/2000.

Licensing
3A (1) A person may care for a maximum of 6 children of any age without being licensed under the Day Care Act and these regulations.

(2) A person may care for a maximum of 8 children without being licensed under the Day Care Act and these regulations provided that all of the children are of school age.

(3) The children of the person providing the care shall be included in the calculation of the maximum numbers prescribed in subsections (1) and (2).

(3A) Subsections (1), (2) and (3) do not apply to a person operating a facility on the same premises as a licensed facility.
Clause 3A(3A) added: O.I.C. 2000-635, N.S. Reg. 200/2000.
Clause 3A(4) repealed: O.I.C. 2004-363, N.S. Reg. 202/2004.
Section 3A added: O.I.C. 91-972, N.S. Reg. 186/91.

4 (1) A person applying for a license to conduct, maintain, operate or manage a day care facility shall submit to the Minister such information as the Minister considers necessary.
Subsection 4(1) replaced: O.I.C. 91-972, N.S. Reg. 186/91.

(2) Every license for a facility shall be in the form of one of the Forms set forth in the Appendix having regard to the type of facility which is being licensed.
Subsection 4(2) replaced: O.I.C. 82-505, N.S. Reg. 80/82.

(3) A license issued pursuant to the Act shall be displayed in a conspicuous place in the facility.

(4) Where a condition is attached to a license, the condition shall include the date that the condition is to be met.

(5) A license shall not be issued or renewed until the Minister is satisfied that the facility is safe from medical and fire hazards.

(6) The Minister shall not issue or renew a license for a facility that does not comply with the requirements of the Act and these regulations.

(7) The Minister may waive the requirements for a license where he feels a license is unnecessary because of the nature of the service provided.

(8) Factors to be considered in waiving the licensing requirement include, but are not restricted to, the time a child is in a facility and volunteer service.

Program
5 (1) A daily program shall be established by each facility with provision to facilitate and stimulate intellectual, physical, emotional and social development appropriate to the developmental level of the child and should include activities to encourage language development.

(2) The Minister may license a facility to provide a day care program for exceptional children.

(3) The Minister may approve on such terms and conditions as he deems proper, demonstration projects designed to explore alternatives in day care services.

6 (1) A facility shall post in a conspicuous place and provide to each parent or guardian of a child in attendance at the facility, a notice that the Act, these regulations and the facility policy respecting licensing, enrolment and attendance criteria, monthly menus, program and staff/child ratios, are available for viewing by the parent or guardian.

(2) A facility shall make available to the parent or guardian, any of the documents referred to in subsection (1) on reasonable notice and at a reasonable time.

6A (1) All facilities are required to maintain daily records in respect of infants and toddlers and these records shall include

(a) daily routines, including naps, eating and toileting, noting atypical responses;

(b) activities or outings the child participated in, noting the child’s preferences and abilities;

(c) special information such as unusual occurrences and other pertinent information that is not necessarily a daily occurrence;

(d) space for the parents to write special instructions or information in respect of their child.

(2) The daily records referred to in subsection (1) shall be available to the parents at the end of each day.
Section 6A added: O.I.C. 2000-635, N.S. Reg. 200/2000.

6B (1) All facilities are required to have a written policy for staff and volunteers with respect to permitted and prohibited behaviour guidance practices.

(2) The written policy shall be reviewed with staff and volunteers prior to employment and annually thereafter and with the parents of each child at enrolment time.

(3) Staff and volunteers must sign a dated document indicating that they have reviewed the written policy as required by subsection (2) and the documentation of this review shall be retained for at least the length of time that the staff and volunteers are employed or providing services to the facility.

(4) The written policy must be posted and adhered to at all times.
Section 6B added: O.I.C. 2000-635, N.S. Reg. 200/2000.

6C No operator shall

(a) permit corporal punishment including but not limited to

(i) striking a child directly or with any physical object, or

(ii) shaking, shoving, spanking, or other forms of aggressive physical conduct;

(b) require or force a child to repeat physical movements;

(c) use harsh, humiliating, belittling or degrading responses of any form, including verbal, emotional or physical;

(d) confine or isolate a child; or

(e) deprive a child of basic needs including food, shelter, clothing or bedding.
Section 6C added: O.I.C. 2000-635, N.S. Reg. 200/2000.

Building, equipment and space
7 (1) A person proposing to alter a facility shall apply to the Minister and the application shall contain such information as the Minister may require.

(2) The Minister may approve the whole proposal or any part of the proposal.

(3) The Minister may, as he deems necessary, make conditions, qualifications, restrictions or requirements in respect of, or as a prerequisite to the approval of a proposal.

(4) The Minister may approve a proposal when he is satisfied that the alteration will not adversely affect the safety, services and programs provided for the children in attendance at the facility.

8 The issuance of a license or approval for alterations is not to be construed as a commitment by the Minister to provide funds to the facility or to share in the expenses of the facility.

9 Every facility shall comply with the regulation[s], order or direction of the appropriate authority respecting fire, safety, health and sanitary requirements, and any municipal by-law respecting such facilities.

10 (1) Every facility shall provide a minimum indoor space of 2.75 square meters (30 square feet) of unobstructed playroom space for each child.

(1A) The play area for infants must be separate from other children.
Subsection 10(1A) added: O.I.C. 2000-635, N.S. Reg. 200/2000.

(2) All rooms for the use of children under two (2) years of age shall be located on the ground floor.

(3) All rooms for the use of children who are two (2) years of age or older and under six (6) years shall not be located above the second floor.

(4) Rooms shall be clean, suitably ventilated and free from odours.

(5) No more than twenty-five (25) children shall be in a room or a specified play area at any one time for rest or play.

11 (1) Every full day program shall have an outdoor play area or access to an equivalent and suitable play area within a reasonable distance of the facility, and the play area must be supervised, safe and sanitary.
Subsection 11(1) replaced: O.I.C. 2000-635, N.S. Reg. 200/2000.

(1A) A part day program is not required to have an outdoor play area however, where the part day program does have an outdoor play area the play area must comply with the requirements of these regulations.
Subsection 11(1A) added: O.I.C. 2000-635, N.S. Reg. 200/2000.

(2) Outdoor play areas shall have

(a) a minimum of 1.5 meters (4 feet) high fence for protection from hazards; and

(b) a minimum of 5.46 square meters (60 square feet) of play space per child, per license capacity.

(3) Supervision of the play area is the responsibility of the facility based on the child/staff ratio as in Section 22.

12 Adequate storage space for food, beds, play equipment, program supplies, cleaning and medical supplies shall be located in the facility. Cleaning and medical supplies shall be kept out of reach of the children.

13 Washroom and toilet facilities suitable for children and located in the immediate vicinity of the activity rooms shall be in the ratio of

one (1) toilet per ten (10) children;

one (1) washbasin per ten (10) children.

13A (1) The facility must have a diapering area for infants and toddlers equipped with a counter that is located next to a hand washing sink and has a smooth, non-porous surface.

(2) The location for the counter described in subsection (1) must be such that the staff can see the play room from the diapering area.
Section 13A added: O.I.C. 2000-635, N.S. Reg. 200/2000.
Section 14 repealed: O.I.C. 2000-635, N.S. Reg. 200/2000.

15 Every facility shall provide for the children enrolled

(a) furnishings of a suitable size;

(b) play materials and equipment;

(c) dishes, cutlery and personal hygiene items on an individual basis and in a sanitary condition at all times;
Clause 15(c) replaced: O.I.C. 2000-635, N.S. Reg. 200/2000.

(d) individual cubicles or hooks so that clothing is kept separately and easily accessible to the children;

(e) separate cots or mats, with washable and moisture resistant covers, for each child when they attend for more than half a day; and

(f) bedding that is clean and sufficient for warmth.

16 Office and staff facilities and equipment shall not infringe upon the space or interfere with the routine activities of the children.

17 The Minister may waive or alter any of the provisions of Sections 10, 11, 12, 13, 14, 15, or 16, and apply other provisions where there are special circumstances and the Minister is satisfied that such waiver or alteration will not adversely affect the services and programs provided to the children in the facility, and the Fire Marshal is satisfied that the facility does not constitute a hazard to the children in the facility.

17A (1) The sleeping area for infants must be a room separate from the infant play space and must be large enough to accommodate one crib for each infant with 46 centimetres (18 inches) between each crib or a divider between each crib.

(2) The sleeping area for infants must be under the supervision of staff at all times when infants are present.

(3) Cribs must have been manufactured after 1986 and must comply with the standards of the Hazardous Products Act.
Section 17A added: O.I.C. 2000-635, N.S. Reg. 200/2000.

17B Strollers must be equipped with a sun shade.
Section 17B added: O.I.C. 2000-635, N.S. Reg. 200/2000.

17C Facilities are not permitted to use playpens, jolly jumpers or walkers for children of any age.
Section 17C added: O.I.C. 2000-635, N.S. Reg. 200/2000.

Nutrition
18 (1) A facility shall provide the children

(a) where children stay over the regular meal period, a nutritionally adequate meal providing 1/3 of daily nutrient requirements for that age group;

(b) a nutritious snack shall be served in the morning and afternoon.

(2) Menu planning, food preparation and service shall be supervised by a person with knowledge of the nutritional needs and eating habits of young children.

(3) Current menus of all foods served shall be prepared once a month in advance, posted and a copy retained for a one year period.

(4) Regulations respecting the safety, preparation and serving of food as approved by the Minister, shall be in effect.
Subsection 18(5) repealed: O.I.C. 2000-635, N.S. Reg. 200/2000.

18A Formula brought to the facility for a child must be labelled as to contents, feeding instructions, name of child, dated and placed in a refrigerator at 4.4°C or lower and must be used within 24 hours.
Section 18A added: O.I.C. 2000-635, N.S. Reg. 200/2000.

18B All open foods must be dated and kept refrigerated at all times except during feedings and must not be kept or used beyond the expiry date.
Section 18B added: O.I.C. 2000-635, N.S. Reg. 200/2000.

18C (1) Infants under 6 months of age must be held by an adult staff member during bottle feeding and the feeding of infants by bottle propping is not permitted.

(2) The feeding of infants in cribs is not permitted.
Section 18C added: O.I.C. 2000-635, N.S. Reg. 200/2000.

Medical
Subsection 19(1) repealed: O.I.C. 98-97, N.S. Reg. 19/98.

19 (2) Every facility shall establish rules and procedures approved by the local medical health officer and the Minister, respecting regular examination of the children, annual reporting and immunization.
Subsection 19(3) repealed: O.I.C. 98-97, N.S. Reg. 19/98.

(4) Every facility is responsible for the recognition of symptoms of ill health of the children in the facility.

(5) Where a child has symptoms of a communicable disease, the child shall be safely removed and not be permitted to associate with other children in the facility until the child can be seen by a qualified medical practitioner.

(6) When [an] accident, or serious illness or communicable disease occurs, the facility shall immediately secure the necessary medical assistance and notify the parents or guardian of the child.

(7) There shall be kept readily available in each facility a first aid kit approved for emergency treatment.

(8) All staff members who work with the children shall have a basic knowledge of first aid.

(9) All staff and volunteers caring for infants shall have completed an infant CPR course.
Subsection 19(9) replaced: O.I.C. 2000-635, N.S. Reg. 200/2000.

(10) All medical supplies, drugs or medicines, whether or not ordered by a qualified medical practitioner or used by any staff, shall be carefully labelled with the name of the child or the staff person, the date, and instructions, and kept out of reach of children in locked storage space.

Hygiene and safety
19A Safety belts must be used for infants when they are in highchairs, infant seats and strollers.
Section 19A added: O.I.C. 2000-635, N.S. Reg. 200/2000.

19B Staff and volunteers are required to wash their hands before and after diapering each child and before food preparation.
Section 19B added: O.I.C. 2000-635, N.S. Reg. 200/2000.

19C The counter of the diapering area must be cleaned with a disinfectant after each diapering.
Section 19C added: O.I.C. 2000-635, N.S. Reg. 200/2000.

19D All toys for infants and toddlers must be cleaned with disinfectant when necessary or at least twice weekly and checked for broken pieces or other hazards on a daily basis.
Section 19D added: O.I.C. 2000-635, N.S. Reg. 200/2000.

19E Highchair trays must be cleaned with a disinfectant after each use.
Section 19E added: O.I.C. 2000-635, N.S. Reg. 200/2000.

Management and staff
20 (1) A non-profit government subsidized facility shall be incorporated under the management of a Board of Directors.

(2) The Board of Directors may include persons from the community, parents or guardians of children in the facility, and staff. No single group shall constitute a majority of the Board.

(3) A facility incorporated pursuant to subsection (1) shall establish an Admissions Committee consisting of no fewer than three (3) persons and at least one person shall be knowledgeable in early childhood development. A parent may serve on the Committee. The Committee shall, subject to Board approval, establish admission criteria and may make decisions respecting the admissions of children to the facility.

(4) A non-profit facility shall be administered by a chief administrative officer accountable to the Board of Directors. The chief administrative officer shall have a specialized knowledge of and adequate experience in early childhood care and development and be of suitable health and personality to occupy the position.

21 All staff of a facility, prior to being employed at the facility, shall obtain from a qualified medical practitioner certification that they are free from communicable diseases.
Section 21 replaced: O.I.C. 2000-635, N.S. Reg. 200/2000.

21A (1) Effective April 1st, 1987, the chief administrative officer of a facility shall be a person who has completed a training program in early childhood education or its equivalent.

(2) Effective April 1st, 1987, at least one-third of the staff in a facility must be persons who have completed a training program in early childhood education or its equivalent.

(3) Effective April 1st, 1989, at least two-thirds of the staff in a facility must be persons who have completed a training program in early childhood education or its equivalent.

(4) For the purpose of this regulation [Section], "training program in early childhood education" means the Saint Joseph Children’s Centre, Early Childhood Education Training Program; the Child Development Services Pre-School Program provided in conjunction with the Nova Scotia Teachers’ College; and the program provided by the Mount Saint Vincent University Department of Child Studies, and such other training programs in early childhood education which, in the opinion of the Director, are comparable in content to the training programs described above.

(5) A person will be considered to have the equivalent of early childhood education if he or she complies with the following requirements:

(a) successful completion of Grade XII or the equivalent through the General Education Development program of the Department of Education;

(b) a minimum of two years’ experience in a licensed day care facility; and

(c) successful completion of a full credit course of two semesters in a post-secondary education program in at least one of the following areas, and successful completion of 25 hours in training programs, seminars or workshops in the other area not completed by way of post- secondary education:

(i) human growth and development with an emphasis on the young child;

(ii) curriculum development and implementation of programs for young children in day care facilities.

(6) Volunteers may be excluded from the requirement of early childhood study or its equivalency, provided that the Director is satisfied that the volunteer service is a bona fide service and is not an arrangement which has been established for the purpose of avoiding the requirements of this regulation relating to training programs and the achievement of equivalency.

(7) The Director may from time to time require the Chief Administrator and staff in day care facilities to advise the Director of the measures which are being taken to comply with the requirements of this regulation.
Section 21A added: O.I.C. 84-345, N.S. Reg. 64/84.

22 (1) For facilities providing a full day program, the ratio of staff working directly with children shall be no lower than

(a) one staff person to eight children for children between the ages of 36 months and five years;

(b) one staff person to every six toddlers;

(c) one staff person to every four infants.
Subsection 22(1) replaced: O.I.C. 2000-635, N.S. Reg. 200/2000.

(1A) No facility shall have a group size for infants greater than 10 infants in a group and there shall be no more than 1 group in a room.
Subsection 22(1A) added: O.I.C. 2000-635, N.S. Reg. 200/2000.

(1B) No facility shall have a group size for toddlers greater than 18 toddlers in a group and there shall be no more than 1 group in a room.
Subsection 22(1B) added: O.I.C. 2000-635, N.S. Reg. 200/2000.

(1C) No facility shall have a group size for school-age children greater than 30 school-age children in a group and there shall be no more than one group in a room.
Subsection 22(1C) added: O.I.C. 2004-363, N.S. Reg. 202/2004.

(2) For facilities providing a part day program only, the ratio of staff working directly with children shall be no lower than one staff to twelve children, for children under five years of age.

(3) For the purposes of these regulations, a facility will be considered to be providing a full day program if the facility is open during the morning, at noontime, and during the afternoon.
Subsection 22(3) amended: O.I.C. 2000-635, N.S. Reg. 200/2000.

(4) For the purposes of these regulations, a facility will be considered to be providing a part day program if the facility is not open at noontime.
Subsection 22(4) amended: O.I.C. 2000-635, N.S. Reg. 200/2000.

(5) The ratio of staff working directly with children shall be no lower than one staff to fifteen children, for children five years of age and over.

(6) The Minister may establish, alter, or vary the child/staff ratio where he deems it proper to do so and he is satisfied the children will not be adversely affected.

(7) The chief administrative officer or someone designated to be the responsible person by the officer shall be in attendance at a facility during the period when children are in attendance.
Subsection 22(1) replaced; original subsections 22(2) & (3) renumbered 22(6) & (7);
Subsections 22(2)-(5) added: O.I.C. 81-491, N.S. Reg. 53/81.

23 (1) Every facility shall keep a register and for each child admitted shall enter therein

(a) the names and home addresses of the parents or guardian and the child, and the date of birth of the child;

(b) the name and address of the child’s physician and the person to be notified in case of an emergency, the admission, daily attendance and discharge date for each child.

(2) Every facility shall keep a record of each child including applications for admission, medical, financial, progress reports, consent forms from the parents or guardian for emergencies and outings, and such other information as may be required. Records shall remain with the facility for two years following the date the child leaves the facility.

23A (1) Effective on and after January 1, 1988, and subject to subsections (5) and (6), the licensee of a facility shall ensure that the parent or parents of each child attending the facility have an opportunity to meet together not less frequently than once every three months with

(a) the licensee of the facility or representative of the Board of Directors; and

(b) the chief administrative officer of the facility where that person is not also the licensee; for the purpose of discussing the safety, care and well-being of the children and the programs of the facility.

(2) The licensee shall advise the parents in writing of each meeting referred to in subsection (1) at least two weeks in advance of the meeting and shall provide the parents with an opportunity to place items on the agenda of the meeting.

(3) The licensee shall ensure that parents are given opportunity for full discussion of agenda items at the meeting and where parents have not placed items on the agenda the licensee shall ensure that the following matters are discussed with the parents:

(a) the programs provided;

(b) equipment and materials available for the children;

(c) staffing patterns and staff qualifications; and

(d) health and safety practices by and in the facility.

(4) The licensee shall ensure minutes of each meeting held pursuant to this Section are kept, shall include copies of the minutes as part of the licensee’s application for renewal of a license, and shall post a copy of the minutes of each meeting in a conspicuous place in the facility within two weeks after the date of the meeting and continue their posting until the posting of the minutes of the next meeting.

(5) Where the licensee is a parent cooperative, the provisions of this Section do not apply.

(6) Where the licensee is licensed to provide a part-day program only, the meeting referred to in subsection (1) shall be held not less frequently than once every six months.
Section 23A added: O.I.C. 87-1471, N.S. Reg. 261/87.

Safeguard: fire, health, insurance, transportation
24 (1) Every facility shall establish and post rules and procedures respecting evacuation from fire or other emergencies.

(2) Every facility shall carry out a monthly fire drill.

(3) The chief administrative officer of a facility shall assign in writing to each staff member and post in a conspicuous place in the facility specific duties respecting fire drills.

(4) Addresses and telephone numbers of staff members, substitute staff, taxi, ambulance, hospital, fire department, police and other emergency information shall be listed on a card and posted in a conspicuous place in the facility.

(5) Adequate liability insurance shall be carried to cover the facility.

(6) Every vehicle operated by or for a facility for the purpose of transporting children shall meet the requirements of the Motor Vehicle Act.

(7) Every person who is the driver of a vehicle operated by or for a facility for the purposes of transporting children shall be a responsible person, licensed under the Motor Vehicle Act to transport children.

(8) The driver of a vehicle operated by or for a facility shall deliver every child transported in the vehicle to a member of the facility staff or to the parent of the child or to a person appointed by the parent.

(9) The safety of the children in transit where the facility is providing transportation for the children, is the responsibility of the facility.

(10) Infants and toddlers when being transported in vehicles must be seated in child restraint systems certified by Canadian Motor Vehicle Safety Standards (CMVSS).
Subsection 24(10) added: O.I.C. 2000-635, N.S. Reg. 200/2000.

25 The Minister may appoint a licensing review committee or such task forces or advisory committees to carry out such duties as he deems necessary for the proper administration of the Act and these regulations.

Payment
26 (1) The Minister may make payments in respect of day care services in such amounts as are appropriated annually for this purpose.

(2) The Minister may refuse to make payments in respect of day care services which are provided in facilities for which there is no valid license in effect.
Section 26 renumbered 26(1); subsection 26(2) added: O.I.C. 82-932, N.S. Reg. 169/82.

Effect on existing facilities
27 (1) Every facility in operation at the time the Act came into force shall comply with the provisions of these regulations in the manner and extent prescribed by the Minister.

(2) The Minister may waive the requirement of subsection (1) for facilities which were in operation at the time the Act came into force provided that the waiving of these regulations will not be detrimental to the well-being of children in the facility.

(3) The Minister may attach such conditions as he deems proper to a waiver issued under this Section, including a condition requiring compliance with these regulations.

Appendix - Forms


Form 1 - License for Day Care

[full-day, privately-operated]

The Day Care Act
Province of Nova Scotia
Department of Social Services

Under the Day Care Act and the regulations, and subject to the limitations thereof, this license is granted
to _________________________________________________________
at the _____________ of _____________________ in the _____________ of _________________
to operate a full-day, privately-operated day care facility for a maximum of __________children,
under the name of ________________________________________________________________
under the following conditions:________________________________________________________

This license is issued on the _______day of __________19___ and expires on the _______ day of __________19___.

______________________________________
Minister of Social Services
Form 1 replaced: O.I.C. 82-505, N.S. Reg. 80/82.

Form 2 - License for Day Care

[part-day, privately-operated]

The Day Care Act
Province of Nova Scotia
Department of Social Services

Under the Day Care Act and the regulations, and subject to the limitations thereof, this license is granted
to _________________________________________________________
at the _____________ of _____________________ in the _____________ of _________________
to operate a part-day, privately-operated day care facility for a maximum of __________children,
under the name of ________________________________________________________________
under the following conditions:________________________________________________________

This license is issued on the _______day of __________19___ and expires on the _______ day of __________19___.

______________________________________
Minister of Social Services
Form 2 replaced: O.I.C. 82-505, N.S. Reg. 80/82.

Form 3 - License for Day Care


[full-day, registered]

The Day Care Act
Province of Nova Scotia
Department of Social Services

Under the Day Care Act and the regulations, and subject to the limitations thereof, this license is granted
to ____________________________________________________________
at the ____________ of ________________________ in the ______________ of _______________
to operate a full-day, registered day care facility for a maximum of ________________ children,
and with an allocation of ______________ under the name of _________________________________
under the following conditions: _________________________________________________________

This license is issued on the _____ day of ___________ 19___ and expires on the _____ day of 19___.

______________________________________
Minister of Social Services
Form 3 replaced: O.I.C. 82-505, N.S. Reg. 80/82.


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