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

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5 p.m.

Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, I commend my colleague from Kingston and the Islands on his speech. I think that we just witnessed something historic. I have never heard my colleague say the word “Quebec” so many times before.

This is hypocritical. My colleague is saying that the government is following Quebec's example because it is a leader in the area of child care, but when it comes time to negotiate other programs that fall under Quebec's jurisdiction, Quebec is suddenly no longer a leader. I am thinking, for example, of the dental insurance and pharmacare programs that the member just bragged about implementing. The government is telling Quebec what to do and imposing conditions on us. It wants Quebec to grovel for the money. However, the reality is that the more freedom Quebec has, the better it does. Quebec did not wait for the federal government to implement its child care system.

I would like my colleague to answer a simple question. What can a Canadian do that a Quebecker cannot?

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5:05 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I have said many times in my speeches, especially when it relates to progressive issues or the environment, that I am not here to say that Ottawa knows best. As a matter of fact, putting the program together required the minister to go out and have discussions with each jurisdiction, with each province. This is why I got a kick out of hearing the member for Bruce—Grey—Owen Sound talking about it being one system imposed by the federal government. On the contrary, there are a number of systems across the country that have been negotiated with and are being delivered by provinces. I know that the member knows that.

I take great pride in learning from the success of Quebec and seeing how we can put that into the rest of the country. If he ever has opportunity to share with me what we should be doing better in Ontario when it comes to issues like this or the environment, I will happily sit down with him and listen, because we have a lot to learn from what Quebec has done over the years.

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5:05 p.m.

NDP

Taylor Bachrach NDP Skeena—Bulkley Valley, BC

Madam Speaker, the government's approach to programs like this one has been to offer federal funding in exchange for the provinces' committing to certain standards as part of agreements. There has been a lot of discussion about the early childhood education workforce and how poorly paid it is. Could not one of the conditions of the child care agreements be around the compensation of the professionals who are instructing and caring for our children at the most important point in their development?

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5:05 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, absolutely. I appreciate the suggestion by my colleague. I am always open to listening to what the other options are. At the end of the day, it is important to remember, as I indicated in my last answer, that we work with provinces. The provinces are the ultimate delivery vehicle for this program. They are going to roll it out in ways that work within their provinces and, presumably, across different ways within the jurisdiction that they represent.

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5:05 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, I would like to present some details on the universal child care benefit that was brought in during the Harper years. I was not here in the House, but I did go door to door later on and learned a significant amount about it. I think the means test issue here is backwards, because the reason the funding went out to everyone in Canada was that it was the most efficient way to do it. When I went door to door, there were people who would say that they did not get to keep the funding and that this was not fair. I asked them whether they owned their home and how many cars they had. I would say, “If you take that money and pop it in a savings account, you are going to have to give it back in taxes.”

However, here was the kicker: If all of a sudden someone shut down the oil field, jobs were lost and all of a sudden someone had to somehow make up that money, it was already there for that family. Now, however, with the way it is done, people have to wait a whole tax cycle to find out whether they will qualify. When the means test needs to be presented is when there are people who are low-income and need those spaces, and they are not prioritized. That is what should be happening here. One of the things we are saying could better the program is to make a means test the entry into it.

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5:05 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, is the member saying that Conservatives would want to change that back? If I understood her correctly, she is saying that if a family got the money, they were basically taxed on it, so they might need to give it back. In that case, would she not apply the exact same logic to the price on pollution and the carbon rebate? That is not means-tested. That is giving the exact same amount to everybody, so if her logic is correct about the universal child care benefit, she has to apply the same logic to the carbon rebate.

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5:10 p.m.

Winnipeg North Manitoba

Liberal

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

Madam Speaker, I am wondering whether the deputy House leader would be able to give his perspective on where the Conservative Party is on the child care issue. I know in the last federal election, there were members who were saying they would rip up the agreements we were putting into place, and then they kind of waffled. They were really critical inside the chamber. I think at one point they might even have voted in favour. I have no idea where they actually are on the issue of Bill C-35.

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5:10 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, if he does not know, it is because he is probably confused by the fact that the Conservatives are always doing that on so many issues. They did it on scab legislation. They were extremely critical of that, but then when it came time to vote for it, just quietly they all stood up in favour. We were actually really surprised.

It is the exact same thing with this particular piece of legislation. We hear the member for Peterborough—Kawartha, who keeps standing up and criticizing the government, routinely hammering away at the fact that this is a horrible program. Every Conservative who gets up does the exact same thing, but then when it comes time to vote, they vote in favour of it.

I will just recap that. They ran on a platform to get rid of the child care program. The Conservative leader has bragged about the fact that they have killed child care agreements in the past, and then the Conservatives get in here and are extremely critical about it, which would all lead to suggest they are against it. Then at the last moment, they vote in favour of it.

I think Canadians can reflect on that and understand and appreciate what the Conservatives would actually do if they were in government.

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5:10 p.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, just to clarify, if people have been listening to the debates, they will know that Conservatives have consistently said that we support child care, and our leader is on the record as saying he is going to honour the agreements with provinces and territories, so I do not appreciate the efforts of the members opposite to spread misinformation and disinformation.

My question for the member is this: One out of 10 people is actually being served by the $10-a-day day care program that exists now, and there is a huge need, so does the government recognize that this is the tip of the iceberg and that so much more is needed if we are really going to solve the problem of affordable day care in Canada?

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5:10 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, it is not misinformation and disinformation. The Conservatives ran on getting rid of the child care program. The Leader of the Opposition has bragged about the fact that they got rid of these programs in the past, but why should Canadians not be skeptical of it, when the Conservatives also ran on a price on pollution and now are suddenly against it?

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 5:10 p.m.

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, I am pleased to rise today to speak once more to Bill C-35, an act respecting early learning and child care in Canada, with respect to the amendments that were provided by the Senate.

First, let me reiterate the Conservative Party's support for child care and for supporting women entering or re-entering the workforce as they balance their family lives. We want to see Canadians have equal access to child care in the forms that fit their families. This goes far beyond the Liberals' $10-a-day day care spots to include traditional day care centres; centres with extended, part-time or overnight care; nurseries; flexible and drop-in care; before- and after-school care; pre-schools and co-op child care; faith-based care; unique programming to support children with disabilities; home-based care; nannies and shared nannies; au pairs; stay-at-home parents; guardians who raise their own children; and family members, friends or neighbours who provide care. This is what it means to make up and support community, and our children and our grandchildren are some of the most vulnerable members in our communities. They all deserve high-quality care in the chosen style of their caretakers.

However, my Liberal colleagues have been clear that they do not want to amend the bill overall to include choice for parents. This is unhelpful for a variety of reasons. So many Canadian parents are not in a position to send their children to traditional day care during conventional work hours. First responders, medical personnel, military members, truck drivers and a whole host of others must work through the nights, weekends and holidays, when many traditional day care centres are closed, and they thus require specialized care. Do they not deserve flexible options that suit their needs, especially when so many of their jobs are community focused? Anyone working unconventional shifts to provide for themselves and their families is just as deserving of high-quality affordable child care as those who work Monday to Friday, nine to five.

I have personal experience in this realm. I raised my two daughters while travelling extensively for work as a chemical engineer. I have previously in the House discussed the challenges of securing child care for them while working around my busy travel schedule, especially when factoring in the realities of travel, which include delays, changed timelines and flights cancelled altogether. Families absolutely need options that work for their individual needs. When Conservatives form government, we would honour the provincial and territorial agreements and ensure parents have the choice and flexibility they deserve to remove the Liberal ideological shackles, if they so desire.

With regard to the Senate amendment of Bill C-35, the bill already contained references to the official language minority communities, or OLMCs, when it was sent to the Senate. However, the bill did not originally include any reference to them until the Conservative amendments were made during the clause-by-clause review done at HUMA and we introduced these safeguards. The references to the OLMCs in the bill now include a provision that federal investments related to programs and services for the education and care of young children should be guided by the commitments outlined in the Official Languages Act, and the inclusion of OLMCs and indigenous peoples in the composition of the National Advisory Council on Early Learning and Child Care.

We are grateful to the hon. senator from Acadia who proposed an amendment to include a reference in clause 8 to eliminate any ambiguity before the courts, and we continue to support his amendment today. The amendment would add the words “official language minority communities” to the first sentence of clause 8, after “including early learning and child care programs and services for Indigenous peoples”, and would divide clause 8 into two paragraphs. The first paragraph would then outline the government's financial commitment, while the second would specify the mechanisms through which the federal government would provide funding. To allay any remaining hesitancy, under no circumstances is it the intention to create a new direct-negotiation mechanism between the federal government and the OLMCs. The amendment text is very clear on this matter. Furthermore, adding a mention of OLMCs after the word “including” would not in any way diminish the rights of any other minority or indigenous peoples.

Clause 3 of the bill explicitly states that it would not infringe upon the rights of indigenous peoples as “recognized and affirmed by section 35 of the Constitution Act, 1982”. The amendment is simply to clarify the intent to ensure the consideration of OLMCs as stipulated in clauses 7 and 11.

There has been much study done on early childhood as a critical period for language development and the identity development of children. Access to French language early childhood services is often a necessary condition for the transmission of language and culture in French communities. These services help young children acquire the language skills they need to prepare for education, especially for children who will enter French language or immersion schools across the country. This is all upholding the right to education enshrined in section 23 of the Charter of Rights and Freedoms.

Critically, and to assuage fears from across the aisle, this amendment does not introduce any new funding mechanism and merely aims to clarify financial commitments. Especially with Sarnia—Lambton recently receiving the official Francophone designation and with French language use in danger throughout the country, it is more critical than ever to establish and protect these services for our official language minority communities.

This amendment was adopted by a large majority of senators, who clearly understand and appreciate both the need to increase child care spaces and access to them and the need to deliver services across the board in both of our official Canadian languages. It is clear now more than ever just how important and critical child care is, in terms of both obtaining an early child care space and maintaining it if one is lucky enough to have one, for recruiting and retaining women in the workforce.

The employment rate for young women has been on a strong downward trend since last February, with a cumulative decline of 4.2% over that period. This is the lowest since May 2020, excluding the pandemic. More than 46% of parents reported difficulty finding child care in 2023, which is up from 36.4% in 2019, so more parents are having trouble finding child care now, in the era of the Liberals' $10-a-day child care, than before.

A column in the Financial Post last week alleges that the Liberals' national child care plan is proving to be “an expensive shambles, creating widespread shortages and destroying private child care businesses”. This problem spans the country, with issues from Newfoundland and Labrador to British Columbia.

This week there has been a slate of news reports across the country, with headlines despairing over the lack of access to child care, including the Liberals' $10-a-day program. Day care operators, including the owner of Little Heroes Daycare Centre here in Ottawa, say they cannot turn a profit and are not even breaking even since opting in to the $10-a-day program, which they did out of their desire to assist their families, to their own detriment.

To further illustrate, as part of the Standing Committee on the Status of Women's current study of women's economic empowerment, the executive director of the Association of Day Care Operators of Ontario, which represents independent licensed child care centres, said, “[W]e have a sector of the economy that was largely created by women. It's essential to women's equality in the workforce. It's one of the only economic sectors in the country where women are fairly represented as owners and managers, and it's being not only undervalued by government but targeted for replacement by a government-run system.”

The Liberals are undercutting their own economy once again and pushing costs onto taxpayers while denying Canadians the freedom to choose what works best for their families. What is more is that one of the main goals of the $10-a-day plan was to enable women to join the workforce in greater numbers, but a recent Fraser Institute report looking at that issue indicates there is “little evidence” whether the Liberal program is reaching its stated goals. It reads, “There is also little evidence that the federal government is achieving [the second] goal of boosting the labour force participation of women with children.”

As the StatsCan data I quoted earlier shows, the employment rate for young women is on a downward trend. It is another example of the problem of the Prime Minister's fake feminism.

I will be generous and allow that the pandemic exacerbated the issues of child care, and many well-meaning parents changed their plans and their lives to accommodate for a more precarious world, either changing work hours to watch children, changing jobs or leaving the workforce altogether. However, the Liberals owe Canadian parents and families that much more for letting them down in the first place.

Conservatives, when we form government, will put Canadians first and prioritize freedom of choice and family life, empowering parents to make the decisions that best serve their child care needs and not just what the government prescribes.

If I look over the history of my own journey with child care, I will say that it is very difficult when only one in 10 families are covered by the existing program. That is nine out of 10 families that are not. I have people calling my office asking if I can help them find child care. It is almost impossible.

I had some very wonderful child care providers and some not-so-wonderful child care providers. Ms. Betty was a school teacher who was off with her own kids. She was probably a better mother than I will ever be, so that was great. She was flexible, because I could drop the kids off at 5:30 in the morning if I had to catch a flight at six o'clock. If a flight was cancelled, late, or the kids had to stay late, she had flexibility. That is really important for a lot of workers today.

Similarly, I had Joanne, who was wonderful. She was a stay-at-home mom with her kids. Once again, she was flexible and gave excellent care. However, she moved and I was left in a cycle of trying to find child care. It started with Sarah, who was a mom at the preschool that my kids went to, but once my kids were eating cat food on her stairs, I had to find another one. Then there was the student who was smoking weed and hanging out with her boyfriend. That one went away. Then there was Karen. I should have known maybe just by the name, but she was watching soaps when I came home and found out she has let my kids go swimming with a male neighbour some place up the road. That was not so great. There was a happy occasion with Generations Day Care in Petrolia, which was a wonderful experience. It was certainly expensive, but worth it. The pinnacle was Andrea, an ECE worker who became my nanny. She was able to stay overnight if I needed, make meals if I was travelling, and do anything that was needed. When my kids got older and went to high school, she opened her own day care and they ended up working there, so that was fantastic.

There is a lot of need. We need more care and in order to get more care we have to build on the $10-a-day child care and we have to allow parents to have choices. We have to figure out how we are going to help with those, because I think that is fair.

We also need to consider that, with the inflation we are seeing, the cost of food and heating is going up, and the interest rates are going up. All of these pressures are really affecting the cost of providing child care. I know when we studied this issue at the status of women committee we looked at the Quebec model. At the time, Quebec was charging less than $10 a day for day care and the actual cost was more like $47 or $48, which would have hugely increased now. However, the comment was that there were still long wait-lists. Therefore, I do not think it is good to have $10-a-day day care if there are no spaces. We need to provide more spaces. We need to be creative in figuring out how we help people get child care and broaden their freedom of choice so that people who work weird hours can get coverage, and people who have special needs children can get the care they need. All of these things I think will be important.

I know all of the provincial and territorial agreements have been signed. I always hear the Liberals whining about Conservatives wasting the time of the House on concurrence motions, but here we are debating something where the agreements have already been signed. Why do we have everyone state on the public record that we support this program when that is the case? We should move on.

Finally, I want to reiterate some of the things that have been implied. The members opposite have implied that Conservatives do not support this program. That is not true. We do support child care. Anyone can go to openparliament.ca and see that we all voted yes on Bill C-35.

I think there is more work to be done in this area. I certainly would like to see the government come forward with something that would not only address an increase in spaces but also help those who are less fortunate. We see that 71% of people who are taking advantage of the $10-a-day day care are higher-income people, whereas only 41% are lower-income ones. That does not seem right to me. I think there needs to be a means test. There needs to be something that favours those who need the help the most, because obviously we do not have enough spaces, so we have to prioritize.

If we could work with the provinces and territories to create some flexibility, I think that would help the private day cares. We need more spaces. We cannot afford to lose the ones we have, and that is what is happening. I am hearing from day care providers that are not eligible for this program that they are struggling, and many of them are even going out of business. I have heard from the ones that are in the program that they are having issues with cash flow because of the way the remuneration works.

I think there is more work to be done on this, but certainly we need to move in this direction. We want to see more women in the workforce. I certainly experienced the highs and the lows of child care, and would rather head in the direction of highs.

The House resumed consideration of the motion for second reading of, and concurrence in, amendments made by the Senate to Bill C-35, An Act respecting early learning and child care in Canada.

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 6:20 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, it is obviously with great regret that this House has learned of the passing of Canada's 18th prime minister, the Right Honourable Martin Brian Mulroney.

Obviously, all members join us in wishing the Mulroney family our deepest sympathy at this time as they deal with the loss of this great statesman, who has done so much for our country. I join all Canadians in offering our condolences. Out of respect, I would like to seek unanimous consent for the following motion. I move:

That, notwithstanding any standing order, special order or usual practice of the House:

(a) the motion respecting Senate amendments to Bill C-35, An Act respecting early learning and child care in Canada, be deemed adopted; and

(b) this House do now adjourn.

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 6:20 p.m.

The Deputy Speaker Chris d'Entremont

All those opposed to the hon. member's moving the motion will please say nay.

It is agreed.

The House has heard the terms of the motion. All those opposed to the motion will please say nay.

(Motion agreed to)

Canada Early Learning and Child Care ActGovernment Orders

February 29th, 2024 / 6:20 p.m.

The Deputy Speaker Chris d'Entremont

My condolences to the family of the Right Honourable Brian Mulroney.

It being 6:23 p.m., the House stands adjourned until tomorrow at 10 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 6:23 p.m.)