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

January 31st, 2023 / 1:45 p.m.

Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, I am always delighted when the member gets up and asks a question, because he does it so often and he gives us a chance to clarify the record.

I did not say what he says I said. What I said is that the concept of a universal child care benefit was something we, as a Conservative government, brought in. It was continued by the Liberals, albeit in a different form and format. What is interesting about these comments is that there is no means test in Bill C-35. The very people the member claims we helped the first time around with a universal program are going to benefit from putting their children in $10-a-day day care.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 1:45 p.m.

The Assistant Deputy Speaker Carol Hughes

Order. I hear some conversation going back and forth while the hon. member had the floor, and that is not very respectful. If members want to be recognized, they should stand and wait until then to say their piece.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 1:45 p.m.

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, Bill C-35 is being introduced at a time when many family day cares have recently closed their doors and there are concerns about the labour shortage.

Under such circumstances, I do not find that the Conservatives' solution to just give a tax credit is very helpful. We need to take action at some point. A tax credit benefits those who pay taxes; however, not all parents earn enough income to do so.

How are we going to help the less fortunate members of our society? I would like to hear my colleague's thoughts on that.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 1:45 p.m.

Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, Conservatives promote a suite of approaches so that parents can make the best choices that make sense for themselves and their families, that make sense for their cultural differences, that make sense for their age differences, that make sense for those in situations like the Fiona Johnstone case I talked about. She was a border services guard who was on rotating shift work.

Child care has to be made available for people to get some help and support with early child care and education that fits their needs. Tax credits are one way to do it. Income splitting for families who have children under the age of 18 was one of our previous suggestions that was rejected by the Liberal government. There are a number of ways to approach this.

As I said, I hope the advisory council will look at comprehensive ways to help all parents in Canada.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 1:45 p.m.

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I have been hearing a theme from the Conservative members that the choices about child care are being taken from parents. I wonder if the member could explain specifically where in Bill C-35 that choice is being taken away from parents.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 1:45 p.m.

Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, I never said that. I do not know what other people have referred to.

What we are saying is that what is being proposed here does not go far enough, that there are too many families it would not help and that there is a very narrow group of people it would help. Even in a successful program like they have in Quebec, there is a two-year waiting list. There are some 40,000 people on that list.

What we want to see is something that respects all child care choices so that parents have flexibility.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 1:50 p.m.

Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, I know that during my question about means testing, I started to get heckles from Conservative members about opening the door. I am not going to disappoint them, and I am going to jump right in and address that point. This is not to worry them that they will not get any answers, because I have a lot to say about that narrative that is being led by Conservatives throughout the debate on this yesterday and today.

Before that, I want to talk about this program and how it has had an impact in my community of Kingston and the Islands specifically. I think the YMCA is considered a well-rounded organization. We get all walks of life in the YMCA. Socio-economic backgrounds of visitors to the YMCA vary wildly. I always gauge the YMCA as being one of those not-for-profit organizations that genuinely has its finger on the pulse of what is going on.

I want to read a quote from Rob Adams, who is the CEO of the YMCA of Eastern Ontario. In particular, he works out of the Kingston location. He said, “As Canada’s largest not-for-profit child-care provider, the YMCA is delighted to hear of the additional child-care spaces. There is nothing new in stating that child-care fees place a financial burden on families, and extra spaces at affordable rates will have a meaningful impact locally.”

I appreciate the incredible work that Rob does at the YMCA. Our son Mason, quite a few years ago, had the opportunity for a couple of years to use one of the child care spaces at the YMCA. The quality of care the YMCA provides in those young developing ages of children truly needs to be applauded, so I thank Rob and all the folks in Kingston.

I heard the Conservatives talk quite a bit about this means testing and their sudden new-found interest in means-testing every program. I find it quite ironic for starters, because the default go-to with Conservatives is tax credits. We can look at Stephen Harper's former Conservative government, and everything was a tax credit. There was a sports tax credit, and everything was a tax credit. There was no means testing involved in any of that, so the Conservatives find themselves in a very difficult position right now.

Quite frankly, they know they are going to support this. They have to support this. This program is wildly popular. In Ontario alone we heard from a parliamentary secretary that 92% of day cares have already taken it up. Every Conservative premier in Canada has signed on to this. It is a wildly popular program. Conservatives are going to support it, so they are left in this position of asking how they can critique it, and they are going after an angle, talking about the fact that certain people cannot access the child care program. They are trying to cloud and smokescreen using that narrative.

The reality is, and I have heard it time after time coming from Conservatives asking this question, that it is up to the provinces to work with the federal government to develop the framework through which they want to have the child care spaces administered and delivered in their provinces.

I hope my colleagues from Alberta know that the very framework agreement that Alberta set up with the federal government specifically references individuals who work shift work and individuals who require non-traditional forms of child care. It is being addressed.

This is the only thing we have heard from Conservatives. The only critique they have been able to make of this is trying to cloud something and convince people that the program the federal government has put in place, working with provinces to develop that framework, is a program that is absolutely necessary for us to do to work with the provinces. I will spare my Conservative colleagues the need to ask me the question. The issue is addressed. It is in the individual framework agreements. Alberta has it in its agreement. I encourage the Conservatives to go back and read the agreement. We ask ourselves why the Conservatives would have to take this narrative. I think of this quite a bit.

I cannot help but go back to a tweet from the now Leader of the Opposition, the member for Carleton, who said, on November 30, 2020, “Why should [the Prime Minister] get to force parents to pay through taxes for his government daycare scheme, instead of letting them choose what's best for their own kids?” This is what the Leader of the Opposition said only two years ago. We know the Conservatives support this bill now, though my sense is that we will not be voting on it until June, but whenever they do let us vote on it, the Conservative leader will vote in favour of it, despite this. It is a complete about-face. That is what it is.

The reason he is doing this is that, as I previously said, he knows the program is wildly popular. He knows that he has no choice but to go along with it. Conservatives do what Conservatives do, and they will try to find any other angle to smokescreen and cloud the issue so that Canadians are somehow fooled into believing that the program is something it is not.

The member for Carleton was asked a question by a reporter at one point. The question was, “When you say about cutting the supplementary spending, in your view does that include the newly signed child care agreements with most of the provinces?” How did the member for Carleton, the leader of the Conservative Party, respond? He said, “We've said we do not believe in a $100-billion slush fund.” The member for Carleton, the leader of the Conservative Party, who will vote for this, whenever we get around to voting for it, calls the program a “slush fund”. That was his response to an individual reporter when asked about this program.

This was before we were able to sign deals with every province and show the Conservatives how successful this program could actually be. This is the problem. That is not leadership. Leadership is not sitting on the sidelines and making commentary, saying one does not support something and then completely changing direction on it when realizing how successful the government has been at working with primarily Conservative premiers to bring this program to fruition.

Here we are, in this position, where the Conservatives are somehow fumbling around the issue, trying to figure out what their narrative will be, when it is very clear on this side of the House to the NDP and the Bloc. With all due respect to my Bloc colleagues, I cannot think of a program so national in its scope that the Bloc Québécois ever voted in favour of, but they are going to vote in favour of this because they see the benefit of it. They know the benefit of it.

We do not even have to look outside this country to see how successful this program could be in getting people, in particular women, into the workforce. We just need to look to Quebec, the neighbouring province to Ontario. Quebec has had it in place for a number of years and it has been wildly popular and wildly successful. If we look at the statistics, more women have entered the labour force and a higher percentage of women have participated in the labour force since Quebec started this program several years ago.

I know that we will eventually get to a point where we can enshrine this into law. That is incredibly important, because provinces, territories and, indeed, families looking to grow their families or individuals who are looking to start a family want to know what their options are. If we have a program that can be so easily removed and discarded because it is only temporary in nature, at least in terms of the budgetary impacts, then we do not have that security. That is what this bill, Bill C-35, would do. It would enshrine these agreements that have been made with provinces into legislation so that any future government, any political party, will have to go through some pretty significant steps in order to remove it.

The House resumed consideration of the motion that Bill C-35, An Act respecting early learning and child care in Canada, be read the second time and referred to a committee.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 3:20 p.m.

Winnipeg North Manitoba

Liberal

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

Mr. Speaker, if my colleague will recall, in the last federal election there were 338 Conservative candidates who went around espousing what the former leader of the Conservative Party said, and that was that he would rip up a national child care agreement, just as we were proposing it.

Could he provide his thoughts on what many might see as a bit of hypocrisy?

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 3:20 p.m.

Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Mr. Speaker, indeed 338 Conservatives did run in the last election to scrap the plan we are here to enshrine into legislation today. As a matter of fact, in a French language debate, the member for Durham said that there would be a transition, over one year, from this plan to a tax credit.

As I said in my speech, what we see happening routinely with Conservatives is that their default program is a tax credit. All they want to do is provide a standardized universal tax credit because they think that is the only solution.

Conservatives find themselves in a very difficult situation now. They are trying to wrap their head around how they can be critical of a wildly successful program that the federal government has set up and, at the same time, try to show their support for Canadians who genuinely want to see this. What we will end up having is pretty much a unanimous vote in favour of this bill. The Conservatives will do an about-face from what their position was in the last election, and they will see that this is, in fact, an extremely important program for Canadians.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 3:20 p.m.

Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Mr. Speaker, clause 8 of Bill C-35 discusses funding commitments. It states that the Government of Canada would engage with “Indigenous governing bodies and other Indigenous entities that represent the interests of an Indigenous group and its members.” When the previous child care agreements were signed, they were done between the provinces and territories and the federal government, respectively.

Is the government really prepared to engage with first nations communities who want more jurisdiction over their child care needs? This is a monumental task, and I am not sure whether the Department of Indigenous Services Canada would be able to complete this in two to three years.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 3:20 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I think that, if this government has proven one thing when it comes to that very important relationship, it is that we do want to see indigenous communities have the autonomy to make the decisions that are required to properly care for, in this case, children.

I strongly believe that, even though the member might find the timelines to be tight, it is important for this to be discussed at committee. I think that this speaks to why this needs to get to committee, so that the discussions can be had. Questions that he has can be posed to the department officials and those responsible to get to the bottom of it, so we can deliver on this very important part of the agreement.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 3:20 p.m.

Green

Mike Morrice Green Kitchener Centre, ON

Mr. Speaker, I want to start by agreeing with the member for Kingston and the Islands that this bill is incredibly important and it will benefit parents in my community, just as it will for those in his.

That being said, I do want him to know that child care providers in my community, such as those at the YMCA of Three Rivers, are concerned about hiring and retaining talented early childhood educators.

As I am sure he knows, the federal government's deal with the Province of Ontario only provides a wage floor of $18 an hour, at a time when the Association of Early Childhood Educators Ontario is calling for one of at least $25 an hour. This is at a time when we need almost 15,000 new childhood educators in Ontario alone by 2025.

Could he talk about measures that could be put in the legislation, or other actions he and the governing party could take to address this significant gap?

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 3:25 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, the responsibility for paying individuals and child care professionals would largely fall under the purview of the provincial government, but there is, to his point, an opportunity within the framework of the legislation to enshrine some measures to encourage the growth of the sector.

He is absolutely right when he says that our communities will benefit from this tremendously. My understanding is that 92% of child care facilities that are eligible in the province have already signed on. The YMCA of Eastern Ontario and Rob Adams, the CEO, as I said in my speech, commented specifically about how important this program was. I am looking forward to the implementation and the development of the program in future years, and so is the minister.

Canada Early Learning and Child Care ActGovernment Orders

January 31st, 2023 / 3:25 p.m.

Conservative

Michelle Rempel Conservative Calgary Nose Hill, AB

Mr. Speaker, I believe it is imperative for our country that every person in this place agree on one thing: We have to equitably value the labour of child care in all its forms. It is through that principle that I believe people in this place should be considering amendments to this bill.

I want to speak about why this bill gets us part of the way but does not talk about the equitable value of the labour of child care. We need to do better. Better can always be achieved.

This bill does not address the lack of child care spaces across the country in an adequate way. We have to look at how we can work within the confines of our regionally and demographically diverse nation to see how child care is being undertaken and to see how we can incentivize people to undertake that activity. For example, not every person has access to a spot that would be considered under this bill. Some people look to extended family to provide child care or private home day cares, and some people would not have access to that with this bill.

As I have been listening to the debate, many colleagues have raised concerns about people who do shift work or who are part of the gig economy. Their hours do not neatly overlay with the way these child care spaces would be structured. I believe one of my colleagues from the NDP raised issues this morning about whether this bill adequately addresses indigenous child care needs, which are sensitive. This bill does not really address any of those things.

If we are going to talk about child care, we have to do more than just look at one frame of reference. That frame of reference is important for sure, but if we are only talking about that frame of reference, what happens to the people who are planning to have children or who are looking for child care right now, are struggling and do not necessarily fit in the very prescriptive box this bill puts together? They do not feel like they are part of the bigger vision. That is why we need to amend this bill, and I hope that happens.

There is another context this bill needs to be studied in. We say “affordable child care” or “affordable day care”, but the reality is that life is not affordable for many Canadians right now. I want to take a slightly different approach to explaining how the cost of living crisis could seriously affect our economy and where child care fits into this.

Right now, Canada's national fertility rate, when we factor out immigration, is about 1.4, and the natural rate of replacement of a population is about 2.1. This phenomenon is not unique to Canada or to any country in the world. In fact, we are seeing a rapid global decline of fertility rates across the board.

For example, I believe China now has a 1.1 fertility rate. China's fertility rate is actually lower than Canada's rate. When people are looking at China's long-term economic growth forecast or the ability of China to maintain its continuous growth, the lack of children is factoring into the economic equation. We have the same issue here in Canada.

The other phenomenon we see in Canada is that immigration is very important to our country, and we need to ensure we have adequate processes to incentivize immigration, to welcome people to Canada and to integrate them into our social and economic fabric. However, we are also seeing over time, through studies out of the U.S., that immigrant populations that have traditionally bolstered fertility rates within countries are seeing declines in their fertility rates as well.

When we are looking at child care affordability and the cost of living, we have to understand that people make a decision to have a child based on a wide variety of factors. It is a very sensitive topic, but affordability and the availability of child care is one of the big reasons. If we are just putting child care into the box we have in this bill and are not seeking consensus to look at valuing the labour of child care in all its forms, we are missing the plot here for people who need child care right now. We need to be talking about very urgently as a Parliament how we incentivize people to have children without leaving women behind and while progressing on issues of gender equity.

This is a very tough, very emotionally charged subject that many people will have a lot of feelings over based on their frame of reference and the personal experience in their lives. Frankly, the decision to have a child is about one person and one person alone in the context of a family. If we want more people to have children, we need to incentivize people so that when we are looking at all of the factors that somebody considers when deciding whether they are going to start a family, those factors are taken care of.

One of the things this bill does not consider, which I hope this place will sensitively and from a cross-partisan perspective look at, is the failure of our immigration system to process parents and grandparents' applications. Right now, I believe the wait time in that particular stream is over 38 months. That is just the service standard; we know it is a lot higher. We know there are a lot of Canadians who want to bring extended families here either through that stream or through a super visa in order to provide child care. I hope the committee that studies this bill looks at that as well. We cannot be talking about child care in a country as diverse as ours without looking at ways that we can make it easier for people to have their family engaged in that if they choose to be.

We also need to make sure that we have affordable child care spots, as this bill starts to lay out. However, we need to look at how those spaces affect people who cannot access them due to their work schedules. That is something this bill does not address.

The other thing this bill does not address is the fact that, at the same time that we are looking at child care and looking at a decline in fertility in our country, we have an aging population. On one hand we have people of a certain generation who are trying to figure out how to have child care, and at the same time, they are starting to ask the question of how to care for aging parents.

We cannot have the conversation about child care without talking about elder care for all of the reasons that have already been raised in debate, particularly around the issue of staffing, burnout and early child care educators. It is not just early child care educators who we are lacking. It is also people who are willing to be caregivers in the broadest sense of the word. We need to talk about labour and valuing the labour of child care. Again, this bill is a start, but what it does is put our perception of the response to this crisis into very narrow terms. We need to be looking at this a lot broader.

I also believe that for us to allow for gender equity and allow people to look at starting a family, should they so choose, we cannot do that without understanding that not everybody in this country will want to access programs under this system. That does not mean people should not have access to that system. It should not mean that these people are left in the dark without a solution. It should not mean that their labour is not valued.

I know somebody very close to me who chose to have a child at a very young age. They made that decision because people circled around them and made child care happen. How do we value the labour of those people? We understand that our country is diverse and is not homogenous, so how do we meet this need, particularly in the context of the fertility crisis that our country is facing?