Canada Early Learning and Child Care Act

An Act respecting early learning and child care in Canada

Sponsor

Karina Gould  Liberal

Status

This bill has received Royal Assent and is, or will soon become, 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 the Library of 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
C-35 (2010) Law An Act to amend the Immigration and Refugee Protection Act
C-35 (2009) Justice for Victims of Terrorism Act

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

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, my hon. colleague from Nanaimo—Ladysmith brought back to mind something that my colleagues in this place might find incredible.

In 1992, when I was a single mom making $24,000 a year as a self-employed contractor and executive director of Sierra Club Canada, I hired a babysitting firm. I was able to hire a caregiver for $1,000 a month. Since she made only $1,000 a month, she had 100% subsidized child care for her children while she looked after my daughter. None of it made any sense to me.

I would like to see this legislation through. I would like to make sure that every child in this country has access to high-quality early childhood education and learning and child care.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:25 p.m.

NDP

Lisa Marie Barron NDP Nanaimo—Ladysmith, BC

Madam Speaker, I so agree with the comments that were made by the member. It really speaks to the fact that we need to be working with all those who are invested in this important work, including unions, non-profits, our public schools and the provinces. We all need to be on board with this work to move forward. I really reflect on the important work to integrate child care within the existing schools that is happening in my province of British Columbia, alongside school districts. This is essential to ensure that children have the care that they need before and after.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:25 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I am pleased to rise in this place and contribute to this debate on Bill C-35.

The Liberals claim that their goal with Bill C-35 is to provide affordable child care to Canadians. However, what is the point of creating a system of so-called affordable child care if Canadians cannot access it? Since this bill was introduced, we have heard from many individuals, many stakeholders, that the major issue with child care is that Canadians do not have access to it. This bill does nothing to address the issue of accessibility. It is disappointing to families across Canada that, despite the two to three decades of planning to nationalize child care, the government has come up with such a flawed piece of legislation that will do nothing to address the real issues that Canadian families are facing.

My home province of Saskatchewan, for example, has very few child care spaces. Only 17.8% of children from zero to five years of age have access to full-day or part-time child care spaces. It gets even worse when we include children from the ages of six to 12, as only 10% have access to full-day or part-time day care spaces. This bill will not create spaces to address this shortage. As a mom and a grandmother of 11, I understand the importance of having access to quality day care.

While this could have been an opportunity for the government to put forward thoughtful measures to help Canadian families get access to quality child care, the Liberals have failed to do this. Perhaps that is the issue when the elites believe they understand the problems that average Canadians face.

This bill was introduced as a part of the confidence and supply agreement, which sees the New Democrats support the Liberal minority government through to 2025. Despite the ongoing issues plaguing the government, the New Democrats have declared that they will stick by the government through thick and thin, while claiming to hold it to account. It is as though someone were telling people to put out a fire while simultaneously pouring gasoline on it. The bill was a priority for the confidence and supply deal, and it continues the government's culture of mediocrity and ineptitude. If the government had bothered to speak with average Canadian families about child care, again, it would know that the biggest issue is accessibility. We could make child care free, but if people cannot access it, it might as well not exist.

The Canadian Union of Public Employees currently reports that “in many communities there is only one childcare space available for every three children who need it, and waitlists are long.” The lack of spaces in child care is underscored by labour shortages, which we have heard about, and staff burnout. Many child care facilities do not even have enough employees to fully staff existing child care centres, let alone new spaces.

Government estimates also suggest that, by 2026, there could be a shortage of 8,500 early childhood workers. We also found, through my colleagues’ work at committee, that the government and its NDP allies are not really interested in helping families to access these child care spaces. At committee, Conservatives introduced an amendment to include all types of child care to ensure that the program was inclusive and reflected parental choice, not political ideology. Of course, this was defeated by the Liberal-NDP coalition as it sought to force an Ottawa-knows-best solution on Canadian families across the country.

Another Conservative amendment sought to amend the national child care council to have representatives from private, home-based providers alongside public and not-for-profit providers. This was supported by testimony from Julie Bisnath, program coordinator for the Child Care Providers Resource Network, who stated, “Championing home child care as a central part of CWELCC would increase access to a diverse array of child care options.”

Despite being a common-sense amendment to address one of the major issues regarding child care in this country, the Liberals and NDP voted it down. One is left to believe that they are intent on imposing their views on Canadians instead of allowing Canadians to live freely and make their own choices for their child care needs.

It seems to me that we may be seeing a pattern here that the NDP-Liberal coalition is not interested in actually addressing the labour shortage, which is the biggest hurdle, as I have already stated, to providing more child care spots to Canadians.

There was another amendment put forward by Conservatives that would directly address the labour shortage. This amendment sought to amend the function of the National Advisory Council on Early Learning and Child Care and includes supporting the recruitment and retention of a well-qualified workforce and conducting regular engagement. It includes a specific mandate calling for maintaining and understanding available child care spaces, the numbers on wait-lists and the progress made to reduce wait-lists for families. It makes sense. Additionally, this amendment would have required the council to provide an annual report on its progress. That also makes sense if one is serious about addressing the real issues.

Another Conservative amendment sought to amend the reporting clause of the bill to include the Minister of Labour. What a novel idea when looking at addressing labour shortages to include the Minister of Labour in the annual reporting, and that the annual reporting must include a national labour strategy to recruit and retain a qualified early childhood education workforce. This supports witness testimony, which was again heard at committee during the study on the importance of a strong national labour strategy dictating the success of a national child care framework.

Bea Bruske, President of the Canadian Labour Congress, stated, “That would absolutely be an amendment we would support because we know that we need a robust workforce strategy to make sure that we can address the recruitment and retention issues in the sector.”

The Coalition of Child Care Advocates of British Columbia, in a briefing note, wrote, “We strongly recommend the National Advisory Council on Early Learning and Child Care must...provide an annual publicly available report to the Minister on the work of the Advisory Council in meeting the goals set out in the Act.”

Those two amendments, again, were both voted down by the Bloc, the Liberals and their NDP coalition partners. It is concerning that they may have voted against them just because they were brought forward by the Conservative members on the committee or it could be that the NDP members have forgotten that they are supposed to be holding the Liberal government to account to put forward meaningful and effective legislation. Whatever the reason, voting down these common-sense amendments shows how out of touch their Liberal coalition partners are. Canadians will be stuck on wait-lists for child care for years, if they ever get a spot at all.

Ontario’s Financial Accountability Office projects that by 2026 there will be 602,000 children under six whose families will want a $10-a-day care program and the province will only be able to accommodate 375,000 of them, leaving 227,000, or 38%, without access.

For a government that claims to be feminist, it is not considering the significant impacts that its policies are having on women with young children. Families are diverse and have different needs depending on their circumstances and a rigid, Ottawa-knows-best approach is not going to help them. The lack of spots will have an effect on women in the workforce as they will tend to be the primary caretakers if there are no available child care spots.

This bill does not address the major issues in the child care system that Canadian families are facing across this country and certainly not in my province. Despite Conservative efforts to improve the bill, it is obvious the NDP-Liberal coalition is not interested in seriously addressing these major issues.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:40 p.m.

York Centre Ontario

Liberal

Ya'ara Saks LiberalParliamentary Secretary to the Minister of Families

Madam Speaker, I would like to thank my colleague from Saskatchewan for her comments tonight. However, I would encourage her to actually read what is available in the public data record on agreements online. Her own province, in 2022, created 1,800 new spaces and 409 new licensed child care spaces in 41 communities. What was a child care desert continues to be an issue, but without this work, without these agreements, those spaces would not have existed. Even more so, by the end of 2023, there will be 4,000 new spaces in 31 urban and rural communities.

The member talked about inclusion. The Conservatives seem to be redefining “inclusion”, but inclusion is very clear. It is about who receives care: those with vulnerabilities, children with disabilities and so on. However, should taxpayer dollars be paying for private entrepreneurship? I do not think so from the public purse. I would like to know, if those issues are addressed, as I have clearly explained, will the Conservatives support Bill C-35?

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:40 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, it is an interesting question: if those issues are addressed. However, they are not. The bill does not address the very issues that many other members in the House have highlighted: affordability, accessibility and a labour strategy to ensure that we have a robust workforce to provide the services that Canadian families are calling for.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:40 p.m.

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, many members of the Conservative Party have stood up tonight, despite the fact that this is simply a debate on the title, to talk about affordability for Canadians. However, one of the biggest challenges I have is that we see time and time again Conservatives voting against those things that would make life more affordable.

I am wondering if the member could speak a little bit about the fact that things like dental care make life affordable for Canadians and things like support for housing make things affordable for Canadians. Could the member talk about those things that would make things more affordable for Canadians and perhaps tell us, as much as she says that she likes child care and that she believes in child care, why she would not want the bill to go forward even in a flawed form knowing that it would provide child care to so many Canadian families?

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:40 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, it is not that I like child care. I mean, that is diminishing the importance of child care to say “Great, she likes child care.” Child care is important.

As a mom and a grandmother, I had to access child care. I have children who have to access child care, and when they are getting close to their maternity leave being finished, there is anxiety created, because they do not know where they are going to find child care so that they can go back to work to provide for their families.

Under this government's policy, with the support of the NDP, Canadians are struggling to pay their bills and put food on the table. Having to worry about access to child care is not something that we should be supporting by introducing a bill that would not address accessibility, affordability or a labour strategy.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:40 p.m.

Conservative

Ted Falk Conservative Provencher, MB

Madam Speaker, the member talked a lot about accessibility, and that is very important. I represent a very large rural riding, and there are folks there who require child care for their children as well. They have been creative and found solutions through family, friends and community members, but they are not licensed day cares and so they would get punished by this government with this policy by not getting $10-a-day child care. I am wondering if my colleague thinks that is fair.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:40 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, families across Canada are in need of flexibility when it comes to child care. They will have different needs depending on their circumstances, particularly families, as he has pointed out, who have needs outside of standard hours of operation.

My suggestion is that this government go back and take a look at this legislation that it has introduced, review the testimony that its members have heard, and really seek to address the issues that families all across this country have highlighted to be inherent with this piece of legislation.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:45 p.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, it is great to rise in this House to speak about Bill C-35. In fact, what we have been discussing today, with very lively debate, is an act representing early learning and child care in Canada. What we have heard in this debate has a lot to do with affordability, and the Liberals and New Democrats have been talking about this a lot. I find it interesting that, despite child care being promised since about the 1990s, the Liberals have finally made a move on it, driven in large part by the affordability crisis that is hitting Canada.

We have first-time homebuyers who are having a very difficult time getting into the housing market, buying a home and starting a family and starting that Canadian dream. We have those who maybe have a house who are struggling to eat. We see that food bank usage is up pretty much everywhere in this country. One alarming rate that was in the news not too long ago was that first-time food bank usage was up, and that is a very startling statistic, when we think about those going to the food bank for the very first time. That is the desperation that is being felt across Canada.

Now we are discussing a child care bill that really would not do anything with affordability. I will kind of explain why I believe that is and articulate, and maybe build on, some of the arguments that were made here tonight in our speeches.

We still have the issue of the labour shortage in the child care spaces, so that is the one part of this very important puzzle that really is not addressed in the bill, and we see that labour shortage is starting to affect many other sectors of our economy. It can be in health care, child care and pretty much anywhere. I think anywhere an employer is, they are probably looking for workers. We need to address that, and it is not being addressed.

We also are looking at the ability to just access spaces that are there. In the bill, priority would go to the public and not-for-profit spaces. There is no room for those private sector spaces that are being created to help alleviate the crises, both affordability and access to spaces. Of course, if we had more choice of public, not-for-profit and for-profit in a competitive marketplace, we would actually find more options. When we have more options we have better choices to make, because competition makes everything better. We would get a better product at a better price with a better service. Everyone tries to improve with that model.

We can even go a bit further with this, in that child care spaces in a competitive market could be flexible to the very unique situations Canadians find themselves living in. Work schedules are not always nine to five. We have shift workers, students and a myriad of challenges that parents have to juggle with, and when we really limit the choices for parents, they basically get what they are given. Whether they like it and whether it works for them, it does not matter, whereas if there are more options and more choice, maybe there would be a day care, and I am sure there are many, that would adjust to the needs of very flexible schedules.

When there is abundance, there is peace. When there is abundance there is choice. The more abundance there is in any society, the happier the population. The less choice there is, the grumpier the population.

When we have the contracting of the economy and we have a space where there are shortages, we always see conflict, and that is why I think we raise this quite often. In all our speeches that I have been listening to tonight, the same points get made. We are hearing from our constituents these exact concerns over and over again, and once the government gets involved in providing a service, other competitors find themselves at a disadvantage. They have to compete against a subsidized environment, and then we start to phase out those additional spaces that are provided by the private sector, leaving only the government option, which as I mentioned just a few moments ago, is rarely flexible and often does not properly service rural communities.

Do not get me wrong. There are lots of providers in my community, and many others across the country, who are absolutely doing the best they can. I have yet to meet a child care professional who does not give their all each and every day. They are some of the best people I have ever met, and they do so because they love their community, they love their job and they want to see young ones grow up and be the best they can be. However, if people cannot access the child care spaces, it is hard to get that learning going.

It has to also be flexible. When the government oversees this level of control where only a certain selected few are getting funded, then basically it is just a proxy of government.

Money will be spent. Results will not be achieved like they could be. When we have a competitive market, we get rapid innovation. Let us think about what has been achieved over our lifetimes and those before ours and the economic prosperity that has been achieved. Things that were once only accessible to the very rich have become very affordable to the vast majority of Canadians, and that is a good thing. That is a great thing. We look back to when people used to wash their clothes by hand. Now, I believe pretty much everyone has a washer and dryer. That is a good thing because entrepreneurs, inventors and creators started to make the things that, at one time, only the rich had and made them affordable for the vast majority of people.

The same can be said for child care. When we have different ideas and different people doing different things, going back to abundance, and abundance equals peace, we can start to have a myriad of differences in the child care space. Again, that is a very good thing.

However, when the government continues to pick winners or losers in the marketplace, we get slower innovation. We see that in the energy sector and we see that in growing sectors with the government picking winners and losers in industries and expecting a better result.

I do not think there is any Canadian who is very happy with the telecom industry. There is no competition in the telecom industry. We sometimes like to pretend there is, but there really is not. People basically get what they are given, whether they like it or not. How is that working out for Canadians? We have some of the highest rates anywhere in the world. Again, when we talk about child care, it needs to include everything.

We talk about our energy industry. The government is contracting that. It has been punishing our oil and gas sector for years, and our mining industry. Forestry is hurting. The government is contracting the energy market, leaving what is available to obviously go up in price. One way it could lower energy costs is to strip away the tax. The other is to add supply. When we add supply to anything, it lowers the price. That is including food and day care too.

Since I am from Ontario, I will read this statistic out here by Ontario's Financial Accountability Office. It projects that by 2026, which is not too far away, there will be 602,000 children under six whose families will want $10-a-day day care, and the province will only be able to accommodate 375,000 of them, leaving about 38% without access. This is a major issue. Going back to what I first mentioned at the beginning of my speech, the labour part of this conversation is left out of this bill.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:55 p.m.

York Centre Ontario

Liberal

Ya'ara Saks LiberalParliamentary Secretary to the Minister of Families

Madam Speaker, we seem to have delved into the energy sector when we are supposed to be talking about child care.

Nevertheless, I would like to remind the member that the bill reinforces the agreements. The Premier of Ontario signed their agreement. He was the last one to sign, and since signing that agreement, 33 new child care spaces have been created. It is one of the provinces that actively grandfathered in private child care operators and continues to work with them to ensure that there is growth, choice and flexibility within the province.

I do not seem to understand how we have gone from a bill that is aspirational to ensuring that we continue with this, considering the Conservatives ripped up the previous agreements from this time. Now that we are here, there are agreements and Bill C-35 is here, will the Conservatives support Bill C-35?

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:55 p.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, just to answer the member opposite's first part, I was talking about the energy sector. My point was that, when we have abundance, that equals peace. When we have excess in spaces, we are able to lower the price and provide a range of options. When one includes public and not-for-profit as well as, yes, for-profit day care centres, it gives Canadians choice. It gives them the opportunity to go with what works for them.

Of course, we have students with flexible schedules. We have shift workers. Unfortunately, the government plan does not address that.

There is also this report here that is talking about child care deserts in Canada. It is affecting nearly 50% of younger children. It is a very concerning report talking about the lack of spaces in this country.

There was a part of my speech during which I talked about the labour part of it. That is not addressed in this legislation. I would like to see the Liberals start to focus on the whole range and take into account what we have been saying here tonight.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:55 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, I was just reading a report done by CCPA called The Harper Record. It says:

Giving financial incentives to businesses to create spaces has been tried before and failed. It was such bad policy that even members of the minister's hand-picked advisory group raised objections and was roundly criticized when the government's policy folks conducted cross-country consultations on how it could be made to work.

The report goes on to say, “The fallout from Harper's child care policy will be felt for years to come. Federal transfers specifically designated for early learning and child care were reduced by almost 37% in 2007-08...In 2006, only 19.3% of children five and under had access to...child care”.

The NDP and my colleague, the member for Winnipeg Centre, had pushed the government and drove the agenda to get $10-a-day child care nationally. This bill before us would address some elements of accountability with reporting, so we can have—

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:55 p.m.

The Assistant Deputy Speaker Carol Hughes

The hon. member for Haliburton—Kawartha Lakes—Brock.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 10:55 p.m.

Conservative

Jamie Schmale Conservative Haliburton—Kawartha Lakes—Brock, ON

Madam Speaker, unfortunately, I do not think the hon. member was listening to my speech. I was actually talking about how we add to the supply, and that adding is always better than subtracting.

If I heard correctly, I am pretty sure that the member from Vancouver said that she is against giving public money to companies. Does that mean she is against the billions given to Volkswagen? Do I understand that correctly, or is it just for those that the member from the NDP agrees with?

When we are talking about this child care issue, we want to see more spaces rather than fewer. That means more choice for parents because more selection and more choice equals a better product, service and price.