Canada Early Learning and Child Care Act

An Act respecting early learning and child care in Canada

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Karina Gould  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment sets out the Government of Canada’s vision for a Canada-wide early learning and child care system. It also sets out the Government of Canada’s commitment to maintaining long-term funding relating to early learning and child care to be provided to the provinces and Indigenous peoples. Finally, it creates the National Advisory Council on Early Learning and Child Care.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-35s:

C-35 (2021) Canada Disability Benefit Act
C-35 (2016) Law Appropriation Act No. 4, 2016-17
C-35 (2014) Law Justice for Animals in Service Act (Quanto's Law)
C-35 (2012) Law Appropriation Act No. 1, 2012-13

Votes

Feb. 29, 2024 Passed Motion for closure
June 19, 2023 Passed 3rd reading and adoption of Bill C-35, An Act respecting early learning and child care in Canada
June 12, 2023 Passed Concurrence at report stage of Bill C-35, An Act respecting early learning and child care in Canada
June 12, 2023 Failed Bill C-35, An Act respecting early learning and child care in Canada (report stage amendment)
June 6, 2023 Passed Time allocation for Bill C-35, An Act respecting early learning and child care in Canada
Feb. 1, 2023 Passed 2nd reading of Bill C-35, An Act respecting early learning and child care in Canada

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-35 aims to create a Canada-wide early learning and child care system by enshrining long-term federal funding commitments and establishing guiding principles such as accessibility, affordability, inclusivity, and high quality. It seeks to build upon existing agreements with provinces, territories, and indigenous communities, while respecting their jurisdiction in the design and delivery of child care services. The legislation also proposes the creation of a national advisory council and requires annual public reporting on the system's progress.

Liberal

  • Supports national childcare system: The Liberal Party supports Bill C-35, aiming to establish a Canada-wide early learning and child care system. They view it as crucial for families, children, women, and the economy, reinforcing the federal government’s commitment to long-term funding and collaboration with provinces, territories, and indigenous partners.
  • Economic benefits: The party emphasizes the economic benefits of the bill, highlighting that investments in child care yield broader economic returns. A Canada-wide system could raise real GDP by up to 1.2% over two decades and improve gender equality and family-friendly policies.
  • Reduces financial burden: Speakers share stories of families benefiting from reduced child care fees, enabling parents to return to work and alleviate financial stress. The goal is to make child care more affordable and accessible, aiming for an average of $10-a-day regulated early learning and child care by March 2026.
  • Long-term commitment: The party aims to provide stability, predictability, and commitment to provinces, territories, indigenous peoples, parents, families, child care providers, and educators through the bill. It seeks to prevent future governments from dismantling the system, referencing past instances of child care agreement cancellations.

Conservative

  • Limited choice for families: The Conservatives argue Bill C-35 restricts choices by focusing on public and non-profit child care, excluding families who prefer home care, grandparents, or private daycares. They believe every family should have the freedom to choose the best option for their unique circumstances.
  • Doesn't address key issues: Members state that Bill C-35 fails to address critical issues such as staff shortages, long waitlists, and the needs of parents with non-standard work schedules. They also raised concerns about affordability, particularly for low-income families, and the potential for the bill to subsidize wealthier families instead.
  • Concerns over sustainability: The Conservatives express skepticism about the long-term sustainability of the program, citing a committed shortfall in funding and a lack of details on how the promised benefits will be delivered. They question the government's ability to manage the program effectively and express concerns about potential waste and mismanagement of funds.
  • Ignores private operators: Members contend that the bill disregards private child care operators, many of whom are women entrepreneurs, and excludes them from the national advisory council. They believe private operators are essential to meeting demand and providing choice for families, and that the bill's focus on public and non-profit centers will create a two-tiered system.

NDP

  • Supports the bill: The NDP supports Bill C-35 and recognizes the decades of advocacy by feminists, trade unionists, child care workers, and others who fought for a national child care system. NDP members are proud to support this bill, which will help ensure parents across Canada can access affordable, accessible, and high-quality child care.
  • Pushed for key provisions: The NDP successfully pushed for the inclusion of international human rights conventions and declarations that enshrine access to child care as a human right. The bill also prioritizes child care programs and services offered by public and not-for-profit providers, leading to better wages and working conditions for staff.
  • Decent work for staff: The NDP seeks to strengthen the bill by adding an explicit commitment to decent work for child care staff, including fair wages and benefits. They also call for the federal government to develop a workforce strategy to address staffing shortages in the sector.
  • Accountability and transparency: The NDP aims to improve the bill by including stronger accountability mechanisms to ensure that the provisions are followed and commitments are upheld. They seek more detailed reporting requirements, including specific metrics such as new spaces built and child care workers hired.

Bloc

  • Supports the bill in principle: The Bloc Québécois supports Bill C-35 in principle because they agree with the overall goal of affordable childcare and the bill excludes Quebec from the federal family policy for the next five years. However, they find the bill ambiguous and have some concerns about it.
  • Respect provincial jurisdiction: The Bloc believes the bill infringes on provincial jurisdiction over education and family policy, as outlined in the Constitution. They are concerned that the federal government's framework, while well-intentioned, is based on the federal government's spending power, which Quebec does not consider legitimate.
  • Quebec as a pioneer: The Bloc emphasized Quebec's leadership in childcare services, noting its long-standing family policy and its recognition as a model for success by international organizations. They highlight that the bill's compensation to Quebec for opting out acknowledges Quebec's aversion to federal meddling in its jurisdiction.
  • Demand opt-out clause: The Bloc wants the bill to include a clause that explicitly allows Quebec to unconditionally opt out of the program with full compensation, similar to a previous bill (C-303). They argue this is essential to reflect Quebec's distinct view on federal-provincial relations and to prevent future disputes over federal interference in Quebec's jurisdiction.
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Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 5:50 p.m.

The Deputy Speaker Chris d'Entremont

I thank the member. I do not know what happened toward the end there, but everybody seemed to get a little off their game, so I am going to make sure the temperature goes down a bit and offer the opportunity for the hon. member for Battlefords—Lloydminster to answer the question.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 5:50 p.m.

Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Mr. Speaker, I do not think my colleague across the way listened to anything I said. There is a portion of families who are being left out of this, and a lot of those families carried us through the pandemic: our doctors, our nurses, our frontline care workers. They work erratic hours. Our shift workers would not be able to access this.

It is typical of the government to put its fingers in the provincial jurisdiction and tell provinces what to do, and if they do not get in line, too bad so sad.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 5:50 p.m.

The Deputy Speaker Chris d'Entremont

I am also going to remind everyone that I want to make sure everyone has opportunity to ask questions.

I also want to ensure that everyone gets a chance to answer.

Therefore, members should keep their questions and answers as short as they possibly can.

The hon. member for Repentigny.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 5:50 p.m.

Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, the member began her speech by saying that early childhood educators are burnt out. We could say the same about teachers. She then said that there are staffing shortages. In Canada, there is a lot of competition for nurses because there are staffing shortages everywhere, so this is not just an issue affecting early childhood educators.

Here are some statistics. Between 1997 and 2016 in Quebec, the number of single-parent families receiving social assistance dropped by 64%. That did not happen right away in 1997. It takes time to build a system, but we have to start somewhere. No, the system is not perfect, far from it. We want the areas of jurisdiction to be very clear. I think that if we do not take the first step, then we will never get anywhere.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 5:50 p.m.

Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Mr. Speaker, I did mention in my remarks that there are labour shortages across all industries in this country. We know our birth rate is declining. We do not have the population to replace the aging population. We know that immigration is backlogged by millions of cases. We know it takes, on average, 166 days for a temporary foreign worker to get a work permit.

I just think it is ridiculous that the government is throwing flowers and perfume at this, making it look all good, when we do not have the infrastructure. Provinces do not have the infrastructure. Provinces do not have the labour to do this, and it is unfair to give false hope to parents in this country.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 5:55 p.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Mr. Speaker, the member for Battlefords—Lloydminster implied in her comments that these national child care agreements are not going to meet the needs of parents with certain work schedules. I believe that is indeed a good concern to have. However, I want to bring her attention to a great project in northwest B.C. in the District of Kitimat, where Tamitik Status of Women is working on 60 child care spaces that are going to be offered 24 hours a day. It is the first 24-hour child care available in British Columbia.

Could my colleague share with me and with this place whether the provincial government in her home province is working on similar partnerships?

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 5:55 p.m.

Conservative

Rosemarie Falk Conservative Battlefords—Lloydminster, SK

Mr. Speaker, it is very interesting to hear of that project going on. My question would be: Is that project public or not-for-profit? If it is entrepreneurial, it actually does not fall under this framework.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 5:55 p.m.

Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Speaker, I would like to advise that I am sharing my time with the member for Parkdale—High Park.

I am very pleased to have the opportunity to address this House on Bill C-35, what we hope will become the act respecting early learning and child care in Canada.

As the Minister of Families, Children and Social Development indicated in her remarks earlier, we now have in place a Canada-wide early learning and child care system that aims to ensure access to affordable, high-quality and inclusive child care for families across the country. The purpose of Bill C-35 is to strengthen and protect that system by enshrining its principles into law. This is a commitment from the Government of Canada to support access to affordable child care for families in Canada, no matter where in Canada they live. In fact, the new Canada-wide system is already benefiting tens of thousands of people from coast to coast to coast with fees for regulated child care having been reduced in all jurisdictions across Canada, outside of Quebec and Yukon, which already had affordable child care systems, and we are just getting started.

Bill C-35 is the result of engagement between the Government of Canada, provinces, territories, indigenous governments, and organizations and stakeholders. It builds on our collaborative work with provinces, territories and indigenous peoples. It also builds on the agreements negotiated with every province and territory to establish a Canada-wide system. The collaboration that delivered this remarkable system was detailed, and sometimes challenging, but held in an atmosphere of respect, commitment and a willingness to succeed. For sure there are similarities in the agreements, but we never expected a one-size-fits-all model that conveniently served all of our partners. We succeeded because we agreed on one fundamental principle, the thing all Canadians care about most deeply, giving children in Canada the best possible start in life.

This legislation respects provincial and territorial jurisdiction and upholds indigenous rights. All our partners in this Canada-wide effort can look forward to benefiting from the long-term federal financial commitment.

Let us talk about funding. In budget 2021, the Government of Canada made a transformative investment of more than $27 billion over five years. If we include related investments, including in indigenous early learning and child care, we have committed nearly $30 billion over five years to make quality early learning and child care affordable and accessible. Combined with previous investments announced since 2015, a minimum of $9.2 billion a year ongoing will be invested in child care, including indigenous early learning and child care, starting in 2025 to 2026. These investments are already having an impact. To date, fees have been reduced in every jurisdiction across Canada. Further, Quebec, Yukon and Nunavut are providing regulated child care for $10 a day or less.

Let us take our agreement with Saskatchewan. The province has been one of the early leaders in fee reductions. Over a year ago, Saskatchewan announced a 50% reduction that it made retroactive to July 2021. That was a year and a half in advance of our December 2022 target. Saskatchewan followed with another fee reduction, effective September 1 of last year, where fees were lowered by a total of 70% compared to March 2021 levels. This is a huge saving for families across the province.

While the province is lowering fees, it is continuing to ensure that early childhood educators are kept at the heart of the system. Last September, Saskatchewan announced that federal funding from its Canada-wide agreement is being used to establish an ECE wage enhancement grant, which will result in increased wages for the workforce that is critical to the success of the Canada-wide system, and there is more.

In early 2022, Saskatchewan announced the creation of over 1,200 new licensed child care spaces on top of the over 600 spaces the province announced in December 2021. That is more than 1,800 new child care spaces providing more children with a better start in life.

This is the Canada-wide early learning and child care system in action: lowered fees, a supported ECE workforce, more child care spaces and real results for making life more affordable. For all these families across Saskatchewan, and the thousands of others like them across Canada, this system means hundreds of dollars more each month to put healthy food on the table and to sign up kids for music, sports or after-school activities.

The federal investment not only benefits families and young children, it also benefits the economy as a whole, which means it benefits all Canadians, and here is how: It will grow Canada’s economy. Economic studies show that, with each dollar invested in early childhood education, the broader economy receives between $1.50 and $2.80 in return. The federal government's estimates predict that the Canada-wide early learning and child care system could raise the GDP by as much as 1.2% over the next two decades. It will grow Canada’s labour force. As we have seen in Quebec, at the time the Quebec Educational Childcare Act was instituted in 1997, the women’s labour force participation rate in Quebec was four percentage points lower than the rest of Canada. In 2021, it is four points higher.

The figures are telling us that investing in increased access to high-quality, affordable and inclusive early learning and child care is not only the right thing to do for families, but it is also the smart thing to do for Canada and our economy. It is a win for all of us.

Our colleague, the Minister of Families, Children and Social Development, has many times said, “access to high-quality, affordable, flexible and inclusive [learning and] child care is not a luxury—it is a necessity.” As the Deputy Prime Minister and Minister of Finance put it, “child care...is as much a piece of critical infrastructure...as a bridge or a road”.

It boils down to this: All parents and caregivers have an opportunity to build both a family and a career, and all children should have the best possible start in life.

This legislation comes with the twin federal commitments of respect of jurisdiction and a reliable funding partner. We are creating a great system together, a system we can all be justifiably proud of, and I respectfully ask that my colleagues give rapid passage to Bill C-35 so we can put this last piece in place.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 6:05 p.m.

Conservative

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Mr. Speaker, does the member opposite believe there should be preference given to low or middle-income Canadians over those who can afford it? The way the bill is currently written, it would subsidize wealthy families and push those most vulnerable to the back of these long wait-lists.

Where does he sit? Does he not think that we should be prioritizing child care for our most vulnerable Canadian families?

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 6:05 p.m.

Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Speaker, I can say with great confidence that our focus has always been on prioritizing the needs of people who need it the most. The process for this system is focused so that everybody can participate in it equally and fairly, and that we give children a great start on life. That is the focus of this exercise.

We will always be able to find something to criticize, but let us address the fact that we are moving forward in a very positive way. We are doing good things for kids in Canada, and that is what we should focus on.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 6:05 p.m.

Liberal

Sukh Dhaliwal Liberal Surrey Newton, BC

Mr. Speaker, I want to congratulate the hon. member for not only his speech but, in fact, his support for early learning and child care. That is very important.

I remember when the first agreement was signed with British Columbia when the minister was out in B.C. It included not only organizations that believed in social justice. In fact, business organizations did support that $10-a-day day care initiative so that women could go back to work and further their career plans.

Why does the hon. member think it is so important to enshrine early learning and child care in legislation?

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 6:05 p.m.

Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Speaker, the principles of this House are that the values we hold high are inculcated into our legislation. An important program like this should be inculcated into the principles and fundamental values of our country and of this government.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 6:05 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I appreciate the comments.

As my colleague knows, there will be so many benefits from the passage of this legislation, but I would ask him to provide his thoughts in terms of the historical meaning of passing Bill C-35 and putting into place a truly nationwide program that is going to benefit children from coast to coast to coast.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 6:05 p.m.

Liberal

Tony Van Bynen Liberal Newmarket—Aurora, ON

Mr. Speaker, we can be part of a substantial change in the values of Canada, how we stand for the values of education of children and the values of enabling women to become more active in our economy. It is an opportunity that many of us will look back on with a tremendous amount of pride.

This is a pivotal change in very important values and it is reinforcing things that are important.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 6:05 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it seems to me that a number of the Conservative members have made good points about the need to adapt to people who have shift work or do not work nine to five. Mostly, it is moms who look after kids but it could be either parent.

I wonder if, as this legislation proceeds, we have any sense whether the government will be prepared to accept amendments at committee.

I strongly support this legislation, just to be clear, but we do have to make sure that the $10-a-day day care reaches the people who need it most, who are often those in insecure jobs in the gig economy.