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 often publishes better independent summaries.

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.

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 30th, 2023 / 1 p.m.
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Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, I will be sharing my time with my colleague, the member for Laurentides—Labelle.

Canada Early Learning and Child Care ActGovernment Orders

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

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member needs the unanimous consent of the House to share her time.

Is there unanimous consent for the hon. member to share her time?

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1 p.m.
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Some hon. members

Agreed.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:05 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member for Abitibi—Baie-James—Nunavik—Eeyou.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:05 p.m.
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Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

I am pleased to be back here in the House. I would like to thank my team in Val‑d'Or, Lebel‑sur‑Quévillon and Chibougamau for the work they are doing for my constituents. I also want to say hello to the people of Abitibi—James Bay—Nunavik—Eeyou.

I rise today to speak to Bill C-35, an act respecting early learning and child care in Canada, which was tabled by the Minister of Families, Children and Social Development on December 8.

If passed, Bill C‑35 will enshrine in law the Liberal government's commitment to maintaining long-term program funding for the provinces and indigenous peoples, as well as guiding principles for that federal funding. The bill contains no specific financial promises for the national program, but enshrining it in law could make it more difficult for a future government to dismantle.

As we know, for many years now, many Canadian families have been envious of Quebec's child care system, because child care often eats up a large portion of their household income. These families have long dreamed of being able to benefit from the same service that families in Quebec have been receiving for decades. It is therefore high time that all Canadian families were able to access child care without breaking the bank.

In 2022, Quebec celebrated the 25th anniversary of its family policy. On January 23, 1997, the Parti Québécois government's Minister of Education, Pauline Marois, unveiled the Quebec family policy, which was based on five main pillars: child care services and parental leave; the family allowance; the work premium; the solidarity tax credit; and the refundable tax credit for child care expenses.

The family policy was developed as a result of changes in Quebec's population, including an increase in the number of single-parent and blended families, greater numbers of women in the workforce, and the troubling rise of precarious employment. This groundbreaking policy allowed Quebeckers to improve their work-life or school-life balance and benefit from more generous maternity and parental leave, and it extended family assistance programs to self-employed workers and workers with atypical work schedules. This model is a valuable program that the entire Quebec nation is proud of.

Providing early childhood educational services was also a giant step forward for education in Quebec. These services increase students' chances of academic success and prevent them from dropping out, positively impact early childhood development, allow for the early detection of learning disabilities and adjustment difficulties, and ensure that all young Quebeckers start off on the same footing, regardless of their sex, ethnic origin or social class.

Considering the popular support they enjoy, the new child care centres rank among one of the greatest successes of the new social economy, being democratically managed using an approach that involves both parents and educators.

The mission of Quebec's early childhood education services is threefold: one, to ensure the well-being, health and safety of the children receiving care; two, to provide an environment that stimulates their development in every way, from birth to school age; and three, to prevent learning, behavioural and social integration problems from appearing later on. Child care services provide a conduit for instilling values, culture and language. This system helps children grow and develop more healthily from an early age. This is an important principle of childhood socialization and sharing.

In my opinion, a real family policy like the one in Quebec, which includes components such as family leave, income support and an accessible child care network, must be integrated into a coherent whole in order to be effective, so it should be overseen by just one level of government.

I myself took advantage of our child care services, and my children received an education that contributed to their success in life. It is truly a pleasure to bring a child to the centre in the morning, knowing that they are safe, that they will learn something and discover their creativity, and that they are picking up life skills by making friends they can play with.

I have to say that the Bloc Québécois supports Bill C-35 in principle, but we think it is somewhat ambiguous. On the one hand, it does not comply with the distribution of powers set out in the Constitution, but on the other, it excludes Quebec from the federal family policy for the next five years.

Let me explain. The Constitution clearly states that education and family policy are not under federal jurisdiction. Moreover, although the bill states that the provinces will be able to certify child care services and determine the applicable criteria, it also states that every government in Canada will have to comply with the principles set out in the multilateral early learning and child care framework.

This framework is full of good intentions and fine principles, but it is based on the federal government's supposed spending power, which Quebec does not consider legitimate or legal. One thing is clear: This bill was not tabled in the right parliament.

On the other hand, the bill excludes Quebec from the federal family policy for the next five years. The Quebec government will receive $6 billion in compensation for opting out of the centralizing policy. This demonstrates respect for Quebec's aversion to federal meddling in its jurisdictions, especially since Quebec is not only a pioneer in child care services, but is hailed as a model for success.

Nonetheless, unlike Bill C‑303, Bill C‑35's predecessor, there is no indication of any exemption for Quebec in the current wording of the bill. This is how clause 4 of Bill C‑303 was worded:

Recognizing the unique nature of the jurisdiction of the Government of Quebec with regard to the education and development of children in Quebec society, and notwithstanding any other provision of this Act, the Government of Quebec may choose to be exempted from the application of this Act and, notwithstanding any such decision, shall receive the full transfer payment that would otherwise be paid under section 5.

The agreement signed with the Quebec government is valid for five years. However, giving Quebec the full right to opt out of this program would help avoid another dispute between Ottawa and Quebec City when the federal government inevitably interferes in Quebec's jurisdiction, as it is wont to do.

During the joint announcement by the federal government and the Legault government, the Premier of Quebec indicated that the federal government would continue to help Quebec and that the agreement would respect Quebec's jurisdictions. The Premier of Quebec, Mr. Legault, said that after 2026, he will expect help from the federal government.

The passage of Bill C‑35 would make it possible for Quebec to recover significant sums that it could use to complete its network and enhance working conditions for workers in the sector. By allowing Quebec to opt out and be fully compensated, Bill C‑35 takes into consideration these two opposing tendencies in federal-provincial relations, which is rare on the part of the federal government. Outside Quebec, Ottawa is seen as a force for social progress, which results in a strong tendency towards centralization. In Quebec, we reject this interference.

However, as I just mentioned, unlike its predecessor, Bill C‑303, specifically clause 4, this bill does not provide for the right to unconditionally opt out. It is essential that this be included in order to reflect this opposing view of Canada, that is centralization outside Quebec and respect for jurisdictions within Quebec.

Finally, it would be a good idea for Bill C‑35 to emulate its predecessor by recognizing the Quebec government's unique expertise on day care services in North America, as the international community did in 2003. In its study of day care in Canada, the OECD stated that it is “important to underline...the extraordinary advance made by Quebec, which has launched one of the most ambitious and interesting early education and care policies in North America....none of [the Canadian provinces] showed the same clarity of vision as Quebec in addressing the needs of young children and families”.

In closing, it is my hope that all Canadian families will one day be able to enjoy the same child care benefits as Quebec families. We know that, in addition to giving a financial boost to Canadian families, this would enable more mothers to enter the job market. It is an investment in a better future for our children, and our children are the future.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:10 p.m.
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Sherbrooke Québec

Liberal

Élisabeth Brière LiberalParliamentary Secretary to the Minister of Mental Health and Addictions and Associate Minister of Health

Madam Speaker, I thank my colleague for her speech.

Like her, I have been able to benefit from child care for my three boys. In fact, I would like to take this opportunity to thank the excellent educators at the Carrosse-Citrouille early childhood centre for taking such good care of my children.

As my colleague pointed out, Quebec has had a universal low-fee child care program since 1997. Econometric studies have shown a positive correlation between this program and women's participation in the workforce.

I would like to know whether my colleague agrees that this enables women to go back to work or to school. We need to invest in women. It can improve their financial situation and perhaps even get them out of an abusive environment.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:15 p.m.
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Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, this will indeed help women return to the workforce, and it will help families support them. We know that child care is very expensive. This service will be a huge help to families, and it will also support early childhood education.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:15 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, one of the trends we are seeing, which has really been accelerated by the pandemic, is flexible work. People are working from home and looking to be able to combine family life with work in different ways. Therefore, they are still very much needing child care, but they are looking for more creative options, which may be in their neighbourhood, may be at odd hours and may reflect the particulars of their work situation.

One of the concerns I have with the government's one-size-fits-all approach to child care is that it would fund a particular kind of child care model that is not consistent with the way many families live. As technology changes, the government's program is not keeping up with this evolution and how people are trying to combine work with family life. I wonder if the member could talk about whether she agrees that the government's approach is failing to be flexible to accommodate all families with the way the program is structured.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:15 p.m.
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Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, all we have to do is look at child care in Quebec. That model gives women access to better benefits and enables them to stay home. That also means better outcomes for children, so I do not agree with my colleague's point of view. I actually agree with the government's point of view because it looked at how things are done in Quebec, which sets the bar.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:15 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I hope the member joins me in congratulating all the athletes who are going to the Arctic Winter Games. I am sure she has constituents in her riding who are attending that great event as well.

I have read the bill, and it is great to see there are specific provisions not only for indigenous peoples and indigenous governance but also for implementing the United Nations Declaration on the Rights of Indigenous Peoples. I know that the member has huge indigenous communities, including I believe nine Cree communities and 14 Inuit communities. I wonder what the member has heard from those constituents regarding this bill.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:15 p.m.
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Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, I congratulate all the students heading off to the athletic event in western Canada.

This bill will really help indigenous communities. We were waiting to see the document to make sure. I am sure it will help all communities in northern Quebec and in Abitibi—Baie‑James—Nunavik—Eeyou.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

The hon. member for Longueuil—Saint‑Hubert may ask a brief question.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:15 p.m.
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Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, I do not know if I can be brief.

My colleague did a great job explaining how progressive Quebec is. It is surprising and always a pleasure to see how the federal government can follow Quebec's example, instead of lecturing Quebec as it does most of the time. Every once in a while it looks at Quebec and decides to implement the Quebec model from coast to coast to coast.

There are even more areas where it could follow Quebec's example but, unfortunately, does not. This bill respects provincial jurisdictions, which has never been the case with the health transfers we have been asking for for years.

Does my colleague not think the federal government could use Bill C‑35 as an opportunity to really respond to the provinces' requests, specifically by putting more money into the system—

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:15 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I have already allowed more than enough time for a short question. I would ask for a short answer, please.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:15 p.m.
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Bloc

Sylvie Bérubé Bloc Abitibi—Baie-James—Nunavik—Eeyou, QC

Madam Speaker, yes, the government must provide the transfers that Quebec needs. This is very important. We must not forget this.