Early Learning and Child Care Act

An Act to establish criteria and conditions in respect of funding for early learning and child care programs in order to ensure the quality, accessibility, universality and accountability of those programs, and to appoint a council to advise the Minister of Human Resources and Skills Development on matters relating to early learning and child care

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

This bill was previously introduced in the 40th Parliament, 2nd Session.

Sponsor

Olivia Chow  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of April 29, 2009
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment establishes criteria and conditions in respect of early learning and child care programs that must be observed before payments are made by the Government of Canada to a province, territory or aboriginal peoples' organization in support of such a program. It also provides for the appointment of a council to advise the Minister of Human Resources and Skills Development on matters relating to early learning and child care.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Canada Early Learning and Child Care ActGovernment Orders

June 6th, 2023 / 9:30 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I am very pleased to appear this evening from my home riding in Nunavut. I am pleased to submit that the NDP supports passing Bill C-35. The NDP has, for a long time, fought for a national child care program that is enshrined in legislation.

Before I get to the main aspects of my speech, I highlight and thank the MP for Winnipeg Centre for her great work, the MP for London—Fanshawe for the work she did on Bill C-311 in the 43rd Parliament and Olivia Chow for her work, in the 40th Parliament, on Bill C-373.

New Democrats truly believe that every parent across Canada deserves access to affordable, high-quality child care wherever they live in Canada. That is why passing Bill C-35 is so important.

My intervention tonight will focus on three areas at this stage of the bill. First, I will speak to some of the content of the bill. Second, I will highlight the inclusion of international instruments in Bill C-35 and the importance of acknowledging indigenous laws in implementing these important instruments. Finally, I will address some of the disinformation that has been shared by other members in the House.

The content of Bill C-35 is important because it would set out a vision for the creation of a national early learning and child care system. It would ensure that there are principles that guide federal investments. These are important as they will show the willingness of this Parliament to invest in children, as they truly are the future and we must do what we can to keep it secured.

Bill C-35 would establish a national advisory council on early learning and child care. This is such an important measure to ensure that policy-making and advocacy would come from experts in the field. It is truly my hope that the composition of this council would include indigenous peoples in Canada.

It is great to hear at this stage that Bill C-35 has been improved in some areas through the work of the HUMA committee One such area is the strengthening of reporting requirements, specifically in areas where the minister responsible must report to Parliament. Another is to recognize that working conditions affect the provision of child care programs, and, as such, improvements were made regarding working conditions in this area.

International instruments and indigenous laws are also important. I turn now to the incredibly great work that my NDP colleague, the MP for Winnipeg Centre, was able to do in ensuring that indigenous rights are protected and that international instruments are included in Bill C-35. Specifically, I outline the important inclusion of recognizing the rights established in both the Convention on the Rights of the Child and the United Nations Declaration on the Rights of Indigenous Peoples. These are meant to have Canada acknowledge Canada's international obligations under the United Nations Convention on the Rights of Persons with Disabilities and the elimination of all forms of discrimination against women.

Finally, I highlight the prominent place for indigenous peoples to have free, prior and informed consent on matters pertaining to children. With June being National Indigenous History Month, I take every opportunity I can to make interventions that include indigenous history. What implementing the international instruments could look like is recognizing the existence of indigenous laws surrounding the raising of children. For example, in Inuit laws, there are three areas of laws that govern Inuit. I thank Jarich Oosten, Frédéric Laugrand and Willem Rasing for editing the book entitled Inuit Laws. The content of this book is based on interviews with Inuit elders: Mariano Aupilaarjuk, Marie Tulimaaq, Akisu Joamie, Émile Imaruittuq and Lucassie Nutaraaluk. I honour their great knowledge and their sharing it for us to use. What a privilege it is to share these names in the House.

The laws described in this book are piqujait, maligait and tirigusuusiit. I describe the first two for this speech. As I stated earlier this month, these categories govern our behaviours and our relationships to each other and to wildlife and the environment.

Piqujait, translated into English, means “behaviours that must be done as directed by a person of authority”. An example is piqujait from parents to children. In today's society, piqujait can also be used by child care workers when they are taking care of children in day care settings.

Maligait is translated into English as “those that must be followed”. These differ from piqujait because they focus on the obligation to obey. A maligait in this system could be used to establish policies, regulations and instruments that could guide decision-making.

I look forward to learning, in my role as indigenous critic, more about indigenous laws held by first nations and Métis so that I may speak to them. Even better, it would be great to see more first nations, Métis and Inuit across Canada taking up the challenge of representing their peoples in the House. I encourage more indigenous people to consider running in the next federal election so we can continue to make laws that reflect our existence.

Finally, in addressing the disinformation that has been shared by other members in the House, I will talk about what has been shared mainly by Conservative members. I hope to remind Canadians of some of these issues. As I have outlined in my speech, Bill C-35 is not just about existing agreements; it is about much more than that. Conservatives have shared that Bill C-35 would not provide supports to parents to get access to child care. The Conservatives, at HUMA, introduced amendments to remove prioritization of non-profit and public child care. They argued that prioritizing these groups makes it unfair to for-profit child care businesses. This is entirely untrue. Prioritization is not elimination; prioritization is giving equity-seeking groups extra supports they have been excluded from for years. Including prioritization of non-profit and public child care would ensure that children get a more full spectrum of child care in Canada.

In support of these arguments, I highlight two testimonies that were shared at HUMA in studying Bill C-35. The first is from Pierre Fortin, an emeritus professor of economics, who said, “There is no way to escape the conclusion that private markets for child care have, unfortunately, been a quality failure. I'm saying ‘unfortunately’ because I have defended private market solutions throughout my career, but a fact is a fact.” Second, I quote Morna Ballantyne, executive director of Child Care Now, who said, “Federal public funds should be directed to expanding the provision of high-quality early learning and child care, not to expanding opportunities to make private profit or to increasing the equity of privately held real estate and other business assets.”

In conclusion, I am very excited to support Bill C-35. It gives me hope that children and parents will be better supported. With the passing of Bill C-35, decision-making would be founded on human rights and indigenous rights. Accountability and transparency would be monitored by a national council composed of experts from the field. This bill would indeed help ensure working conditions for child care workers.

Qujannamiik from Iqaluit. My thoughts are with the many Canadians experiencing the forest fires across Canada.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:35 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, it is an honour to rise today as the NDP's critic for children, families and social development to address this historic legislation, Bill C-35.

Finally, after so many years of struggle, we have a national child care legislation that accompanies a system of national child care.

Let me begin by acknowledging the people who made this system and the bill we are debating today possible. There are too many names to mention, but let me say this. Generations of feminists, trade unionists, child care workers and advocates made this victory possible. They never, ever gave up the fight. They did not give up after the 1970 Royal Commission on the Status of Women's recommendation for a national child care program was ignored by the government of the day. They did not give up after the 1993 Liberal red book promised national child care, only for that government to pursue deep cuts to social programs instead. They did not give up during the 10 years of a Harper government that viewed child care as a dirty word. It has been 30 years since the Liberals promised a national child care program and, as a result of their relentless advocacy, we finally find ourselves here today.

I, a proud New Democrat, along with my colleagues, am proud to stand here today in support of Bill C-35 on behalf of our party, which has always prided itself on being a feminist movement and a vocal advocate for an affordable, accessible, universal child care program.

Our party prides itself on standing alongside organizations, advocates and unions in their demonstration of courage and commitment even when the possibility of national child care seemed so unlikely. It is because of their tenacity and their refusal to quit even when the odds were against them that we are here today.

I stand on their shoulders; we stand on their shoulders.

I also want to acknowledge the role that our party and particularly women in the NDP have played in getting us to this point. Olivia Chow, the former MP for Trinity—Spadina is a child care champion. Her private member's bill, Bill C-373, laid out a foundation for an affordable, accessible and high-quality national child care system. More recently, my colleague, the member of Parliament for London—Fanshawe, built on these efforts with her Bill C-311.

I am grateful to them both for their work in moving this issue forward and demonstrating what a positive role for the federal government in ensuring that families can have access to child care they need when they need it looks like.

Finally, I wish to thank the Minister of Families, Children and Social Development, the member of Parliament for Burlington, and her team for the collaborative approach they have taken with this legislation. The minister sought out our feedback and was receptive to many of our suggestions about what should be included in this legislation.

Although there are still areas where the bill can and should be strengthened, I am delighted that several of our key recommendations did find their way into the current version of the bill. I will address some of these key recommendations in more detail later, but I wanted to take this opportunity to acknowledge how I appreciated, very much, the minister's openness to our feedback.

By establishing a long-term commitment for federal funding to provinces and indigenous peoples and enshrining the principles of a national system of early learning and child care, Bill C-35 would help ensure that parents across Canada can access affordable, accessible and high-quality child care now and into the future.

In the midst of a cost-of-living crisis, where the price of almost everything has increased, child care is a rare exception. Parents in many cities across the country are seeing child care savings as significant as 50%, providing real relief to thousands of families. It is vital that the target of $10-a-day child care by 2026 is not only achieved, but sustained for the long term.

I will note, however, that not all cities and provinces have met their fee reduction targets. One province in particular is Manitoba, which has conspicuously lagged behind. This is a topic I will return to later.

Nevertheless, the child care agreements are delivering significant fee reductions for parents from coast to coast. It is important this continues indefinitely, not just for five years until the agreements need to be renewed. Much like our system of universal health care, child care must be a permanent feature of our social safety net.

The commitment to long-term funding is also crucial for advancing gender equality in our country. Child care is a feminist issue. It gives working women the ability to choose when and how they wish to re-enter the workforce after having a child. The Quebec model of low-cost child care offers a powerful example of this. Indeed, Quebec's investment in a universal child care have resulted in women's participation in the workforce increasing by between 8% and 12%.

Not only has this boosted Quebec's economy, it has improved the financial security of women. It means a greater portion of household income is now under the control of women, which gives them more security in the case of separation, including in cases where they need to leave an abusive relationship. This is what feminist public policy looks like.

I often hear members of Parliament sharing stories about the struggling single parent mother trying to make ends meet. In fact, the member for Carleton, now the Leader of the Conservative Party of Canada, often invokes the experiences of single moms in Parliament.

I can be certain that he has never been a single mother. If he had been, maybe he would not be so quick to oppose a national health care program, which will help thousands of single moms and children across the country have a better life.

I, in fact, was a single mom. I was very fortunate at the time to have stable employment teaching in post-secondary education. However, even on an academic salary, I often had difficulty making ends meet, paying up to $650 a month in child care expenses. This resulted in me having to take on more employment, which resulted in my having less time with my precious son. I have lasting mother's guilt about having to leave him so I could provide for him.

I am lucky to have such a wonderful son, whom I adore. Looking back, maybe if there had been a national child care program at the time, our life might have looked much different. I was exhausted, and my son missed his mother.

More affordable child care, let alone $10-a-day child care, would have changed my life and my son's life. Therefore, for any member of the House who uses the story of struggling single mothers for political gain without having been one themselves, they should vote in favour of the bill and support a system of national child care now.

Returning to the bill, beyond the long-term funding commitment, Bill C-35 contains other important provisions we pushed for and managed to have incorporated into the bill.

First is the inclusion of international human rights conventions and declarations that enshrine access to child care as a human right.

Preambular paragraph 3 affirms a commitment to further realization of the right to child care as recognized in the UN Convention on the Rights of the Child. This is something for which child care advocates have long demanded and for which the NDP have fought. Preambular paragraph 3 also affirms the commitment to furthering the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and contains important references to other international conventions, including the UN Convention on the Right of Persons with Disabilities and the elimination of all forms of discrimination against women.

An other inclusion for which the NDP fought for was that rights-based language be included in the bill. I am pleased that this has been included.

Second and highly significant is that Bill C-35 would explicit priority to child care programs and services offered by public and not-for-profit providers as one of the principles guiding federal funding. This is a provision fought for and won by the NDP. It is is a win for parents because public and non-profit child care means affordable, quality and accessible day care for families that need it rather than day cares that make a profit off of the backs of parents.

We also know that an emphasis on public and non-profit child care means better wages and working conditions for staff in the system. Study after study, union after union have heeded these calls for a public not-for-profit child care system.

Those in the House who say they stand with workers then they need to stand with a public, non-profit child care system. Taking care of our kids should not be on the backs of parents. Kids are not a business. The focus should be on providing the best possible care at a price that parents can afford, not delivering a profit for shareholders.

While all of what I describe represents an important step forward, as I mentioned previously, there are areas where this bill can and should be improved. One of the improvements required is adding an explicit commitment to decent work for child care staff.

At this point, I will digress briefly to say that I was once, as many people know in the House, an early childhood educator. If someone had told me all those years ago that I would be in this place debating national child care legislation, I would not have believed that person.

Workers are at the heart and soul of a national child care system. For far too long, child care workers have been grossly underpaid and undervalued in spite of the fact that they perform some of society's most critical work. That is why I left the profession even though I loved the kids who I was teaching everyday. I loved the work but I could not afford to continue in a profession that did not pay a living wage or provide good benefits.

A national child care program will only be successful and sustainable if the workers who make it possible are treated with dignity and paid fairly for their labour. That is why I support the Canadian Labour Congress' call for the legislation to include a clear commitment to decent work for child care staff. All child care workers deserve to earn a living wage with benefits with which they can support their families.

As an aside, it is also vital for the federal government to develop a workforce strategy to address staffing shortages in the sector. When we talk about creating new spaces, the building is not the most important element. It is having trained staff to look after the kids in these new child care spaces, a workforce strategy that can help ensure we are continuously expanding child care options where the demand is greatest.

The bill can also be strengthened with respect to the accountability and transparency it provides. While the creation of a national advisory council is welcome in terms of the expert advice that it will provide, it does not have the enforcement power to ensure that the provisions set out in Bill C-35 are followed. It is important for the bill to include strong accountability mechanisms so that the commitments it contains are upheld.

The reporting requirements on the progress being made in establishing national child care and federal investments in this sector lack detail, stating only that the minister is required to make an annual report. This is too vague and the bill should specify the specific metrics, including new spaces being built, new child care workers being hired and other quantitative details. It is vital that members of the public and Parliament have access to this crucial information.

It should also establish conditions on federal child care funding, real accountability for when provinces fail to deliver on fee reductions or expanding public, not-for-profit care.

I am deeply concerned that Manitoba is the only province where we have not seen an average reduction in fees. Instead, the government has made changes to who is eligible for the subsidy. This is unacceptable. Also concerning is the Ontario government's decision to remove profit caps, paving the way for an expansion of for-profit care.

I know the government has said there are accountability mechanisms built into the bilateral agreements, but they are either inadequate, not being properly enforced, or both.

I am also aware that Bill C-35 does not supersede the bilateral agreements, which are legally binding, so we cannot impose new terms on top of these existing agreements. However, I am hoping the bill could be amended to provide stronger conditions that would apply on an ongoing basis, or on a going forward basis, to future agreements after the current ones expire, five years from when they are concluded. Right now, the bill says nothing about how future agreements would be enforced to ensure accountability for the funding. This is a notable gap that we should address.

While there are more opportunities to weigh in on the bill at committee and in the chamber, I want to conclude by again acknowledging the gravity of what we are discussing today. We have progressed from being a country where child care was seen as the sole responsibility of mothers, unpaid labour with which our society could not function, to a country where child care is not just an individual responsibility but a collective one. We have progressed to being a country where we will finally have national legislation underpinning a national system of child care in every province and territory.

After years of false starts and broken promises, that is something we can all take pride in. To the women, the workers and the advocates who have helped make this dream a reality, I say their tenacious efforts have made our country fairer, more just and more inclusive.

Child CarePetitionsRoutine Proceedings

October 28th, 2010 / 10:10 a.m.
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NDP

Bruce Hyer NDP Thunder Bay—Superior North, ON

Mr. Speaker, I have two petitions to submit to the House this morning. The first petition relates to child care.

As members of the House know, for decades Canadian Parliaments have been promising to end child poverty and provide, in a complementary fashion, excellent child care. The petitioners want to ensure that all children living in Canada have access to excellent child care. In particular, they support the passage of Bill C-373.

Early Learning and Child Care ActRoutine Proceedings

April 29th, 2009 / 3:55 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

moved for leave to introduce Bill C-373, An Act to establish criteria and conditions in respect of funding for early learning and child care programs in order to ensure the quality, accessibility, universality and accountability of those programs, and to appoint a council to advise the Minister of Human Resources and Skills Development on matters relating to early learning and child care.

Mr. Speaker, I am proud to reintroduce this landmark legislation designed to build a universal high-quality affordable and non-profit early learning and child care program for Canada.

Generations of children of hard-working families have been desperately waiting in vain for child care. Successive reports, including those from OECD and UNICEF, rank Canada last of all industrialized countries in early child education and care investment. A recent Senate report also pointed that Canada did not have a comprehensive national child care strategy.

My bill is supported by the Child Care Advocacy Association of Canada and thousands of Canadian families. They want an act which ensures accountability that funding designated to children will be spent wisely on high quality education and care.

Just like the Canada Health Act becoming a cornerstone of Canada, this act would enshrine a national child care system in Canada. For the sake of our future generations, let us make national child care a reality. Canada simply cannot work without it.

(Motions deemed adopted, bill read the first time and printed)