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 / 1:20 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, my wish for my colleagues is that 2023 is a bit different than these past few years.

A few minutes ago, I heard my colleague ask if we could encourage people to get into politics and set aside partisan rhetoric on the thousands of files before us.

Today I have the great pleasure of speaking to Bill C‑35. I say bravo because we are entirely in favour in principle. I am very proud of that. I must also say that my colleague did a fine job explaining the ins and outs of everything that might be missing from this bill.

I will talk more about the pride of Quebec for more than 25 years now. Having heard the speech by my Conservative colleague, I hope to give the others a bit more of an understanding of the purpose of this bill and the need to see it through.

I want to look back because I want to talk about how proud I am. Just before being appointed, the first female premier of Quebec introduced a forward-thinking family policy that changed the lives of countless families and boosted the economy. It levelled the playing field for everyone and put children on the path to educational success, and I am very proud of that. What is more, the policy was implemented in a reasonable way that did not break parents' budgets. That is why, at the time, it was known as the groundbreaking $5 day care. Today, it does not even cost $9 a day. For us, it is still a good program with benefits that I will talk about in the next few minutes.

As the minister said earlier, in 1997, this program made it possible for children from all walks of life and all social classes to attend day care and for all parents, both men and women, who had never even considered doing so, to go back to work and become independent, to prepare to take the path I talked about earlier.

Madam Speaker, my colleagues are really bothering me. I thought we had set the stage for a minimum level of respect. They need to go talk somewhere else besides right in front of me because I am finding it difficult to keep speaking. I want to point that out.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:20 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I would ask anyone who wants to have a conversation when someone is giving a speech in the House to do so in the lobby. All members should be shown that respect.

The hon. member for Laurentides—Labelle.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:20 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, in Quebec, we call them centres de la petite enfance, or CPEs.

This has allowed parents, like me for that matter, to not have to make the agonizing choice of deciding which parent should stay home to educate and prepare children for school based on family income.

Twenty-five years ago, many women often earned less than their spouses. The child care system has not only provided equal opportunity for children, but also equality and prosperity for women. If we look at the numbers, we can see there has been an increase in women in business and in the workforce. As we know, the numbers are incredible. A quarter of a century later, and the numbers do not lie. We cannot ignore them.

Quebeckers are very proud of this model. Obviously, I am, too.

Earlier, my colleague mentioned that Quebec has been cited as an example, particularly at the Organisation for Economic Co-operation and Development. In 2003, it was noted that Quebec had implemented one of the most ambitious education and child care policies. It was very ambitious when you look at North America as a whole.

Here is what I want to tell my Conservative colleagues. Studies have shown that every dollar invested in child care returns almost $2—$1.75, actually—in tax revenue. An extra dollar invested in health and early learning saves our health, social and judicial systems $9. As I said at the start, the child care system makes a huge contribution to economic development, equal opportunity and the prosperity of women who want to be in the workforce.

We also have numbers that show lower drop-out rates, and I am very proud of that.

We agree with the principle of the bill. Who would oppose giving our kids the best possible opportunity? If that is where we start from, I think we have a proposal that we can re-evaluate in five years. Quebec's child care model is not new; it has been around for over 25 years. We have numbers to prove all this. I think we might even see the Conservatives admit that helping the community as a whole has an enormous impact.

As a brief aside, I can say that one plus one equals two. If we take the necessary steps to educate people in their workplace and improve their working conditions, we could see a significant reduction in the labour shortage that exists across Quebec and Canada. The labour shortage is therefore not a good argument.

Since I have barely three minutes left, I would like to talk about what I experienced more than 15 years ago and why I am proud to have been so heavily involved. I was the president of La Fourmilière early child care centre. This was at a time when program coordinators had to be deployed to ensure that spaces were maximized and that the programs could be managed in both institutional and home-based settings. In fact, there are still home-based child care centres operating today.

This is very important to me. I want to take 20 seconds to recognize a woman who dedicated her life to early childhood education. Thirty years ago, it was called kindergarten. Then there was a program called Passe-Partout. Today, it is called the CPE La Fourmilière.

Her name is Suzie Leblanc. I offer my condolences to her family. Suzie passed away over the holidays. My sympathies go out to Véro and her entire family. This does have an impact. We cannot forget that.

Obviously, jurisdictions need to be respected. We in the Bloc Québécois keep saying that. Who could be against that? Just five minutes ago, we heard a member mention that, for once, jurisdictions were respected when it comes to the right to full compensation. I look forward to getting this bill passed. I hope things will turn around. Maybe the same will happen with health transfers. That is my biggest wish for 2023.

On behalf of our children, the next generation, the economy and women's empowerment in the workforce, I want to congratulate the minister for taking action and standing her ground. The Bloc will be there.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:30 p.m.
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Burlington Ontario

Liberal

Karina Gould LiberalMinister of Families

Madam Speaker, I would like to thank my colleague and all my Bloc Québécois colleagues for supporting this bill.

Quebec is most definitely a leader in this area. We have learned so much from Quebec's experience over the past 25 years. I would also like to thank my colleague for speaking about her pride in Quebec's early childhood and day care centres.

I would like to ask her the following question. Could she tell us a bit more about why a lack of access to child care is not a choice for women? Could she explain to the Conservatives what choice means?

Canada Early Learning and Child Care ActGovernment Orders

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

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, that is a good question. I thank the minister for asking it.

Here is my answer. How do we judge whether parents, who are acting out of love for their children, have everything they need based on their situation?

It seems to me that we should give everyone the opportunity to get an education in a safe setting in order to prepare children for the future. It is odd to be talking about this here, because education matters are usually discussed at the National Assembly. How can we say that the labour shortage and the lack of attention paid to the private sector mean that we are not going to go ahead and not even try it? The bill provides for a five-year timeline. Could we just try it, please?

Canada Early Learning and Child Care ActGovernment Orders

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

Colin Carrie Conservative Oshawa, ON

Madam Speaker, I am from Oshawa, and in Oshawa we do factory work. Conservatives believe in equal support and accessibility. I am wondering what my colleague's comments would be for people who are working shift work, whether that is overnight or in the afternoon, or people who are rural who would like to have equal access and support.

It is very important for me. My wife has her ECE. It is very important for all Canadians, but on this idea of accessibility and equality, I was wondering if she maybe has some input and advice for the government.

Canada Early Learning and Child Care ActGovernment Orders

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

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, anything is possible after 25 years. As I said, I worked in the forestry industry for seven years. For 44 hours a week, there were three shifts, including a night shift, so day care centres that are open non-standard hours do exist.

I would ask members not to get hung up on the wording, but instead to look at how we can seize this moment to create opportunities for those who work nights and weekends. Anything is possible. We are doing this out of love for our children and their future.

Canada Early Learning and Child Care ActGovernment Orders

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

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, in my riding we are really struggling to find health care providers. One of the things that we have heard loud and clear as the biggest challenge is child care, and a lot of people in the health care industry are women.

I am wondering if the member could speak a little about the impact this could have on women to open doors for them to enter the workforce and the very clear example we have seen in Quebec.

Canada Early Learning and Child Care ActGovernment Orders

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

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

That is a very good question, Madam Speaker.

Studies have indeed shown that, when education is at the heart of a community, then health care prevention is possible. When individuals are fortunate enough to be informed, to feel safe and to be educated, it has a direct impact on health care.

As I said at the outset, for every dollar we invest in health and social services, we save $9. Often, a government will invest all of its pennies in prevention, but then it still has to take a curative approach.

This bill will have positive effects, but we will not see the results right away. We need to give the children time to reach age three, four or five and start school. I can guarantee that this will bring about change, and there are statistics to prove it. That is what I wish for all of Canada, because we Quebeckers are very proud of the family policy we have had for the past 25 years.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:35 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, it is an honour to rise today as the NDP's critic for children, families and social development to address this historic legislation, Bill C-35.

Finally, after so many years of struggle, we have a national child care legislation that accompanies a system of national child care.

Let me begin by acknowledging the people who made this system and the bill we are debating today possible. There are too many names to mention, but let me say this. Generations of feminists, trade unionists, child care workers and advocates made this victory possible. They never, ever gave up the fight. They did not give up after the 1970 Royal Commission on the Status of Women's recommendation for a national child care program was ignored by the government of the day. They did not give up after the 1993 Liberal red book promised national child care, only for that government to pursue deep cuts to social programs instead. They did not give up during the 10 years of a Harper government that viewed child care as a dirty word. It has been 30 years since the Liberals promised a national child care program and, as a result of their relentless advocacy, we finally find ourselves here today.

I, a proud New Democrat, along with my colleagues, am proud to stand here today in support of Bill C-35 on behalf of our party, which has always prided itself on being a feminist movement and a vocal advocate for an affordable, accessible, universal child care program.

Our party prides itself on standing alongside organizations, advocates and unions in their demonstration of courage and commitment even when the possibility of national child care seemed so unlikely. It is because of their tenacity and their refusal to quit even when the odds were against them that we are here today.

I stand on their shoulders; we stand on their shoulders.

I also want to acknowledge the role that our party and particularly women in the NDP have played in getting us to this point. Olivia Chow, the former MP for Trinity—Spadina is a child care champion. Her private member's bill, Bill C-373, laid out a foundation for an affordable, accessible and high-quality national child care system. More recently, my colleague, the member of Parliament for London—Fanshawe, built on these efforts with her Bill C-311.

I am grateful to them both for their work in moving this issue forward and demonstrating what a positive role for the federal government in ensuring that families can have access to child care they need when they need it looks like.

Finally, I wish to thank the Minister of Families, Children and Social Development, the member of Parliament for Burlington, and her team for the collaborative approach they have taken with this legislation. The minister sought out our feedback and was receptive to many of our suggestions about what should be included in this legislation.

Although there are still areas where the bill can and should be strengthened, I am delighted that several of our key recommendations did find their way into the current version of the bill. I will address some of these key recommendations in more detail later, but I wanted to take this opportunity to acknowledge how I appreciated, very much, the minister's openness to our feedback.

By establishing a long-term commitment for federal funding to provinces and indigenous peoples and enshrining the principles of a national system of early learning and child care, Bill C-35 would help ensure that parents across Canada can access affordable, accessible and high-quality child care now and into the future.

In the midst of a cost-of-living crisis, where the price of almost everything has increased, child care is a rare exception. Parents in many cities across the country are seeing child care savings as significant as 50%, providing real relief to thousands of families. It is vital that the target of $10-a-day child care by 2026 is not only achieved, but sustained for the long term.

I will note, however, that not all cities and provinces have met their fee reduction targets. One province in particular is Manitoba, which has conspicuously lagged behind. This is a topic I will return to later.

Nevertheless, the child care agreements are delivering significant fee reductions for parents from coast to coast. It is important this continues indefinitely, not just for five years until the agreements need to be renewed. Much like our system of universal health care, child care must be a permanent feature of our social safety net.

The commitment to long-term funding is also crucial for advancing gender equality in our country. Child care is a feminist issue. It gives working women the ability to choose when and how they wish to re-enter the workforce after having a child. The Quebec model of low-cost child care offers a powerful example of this. Indeed, Quebec's investment in a universal child care have resulted in women's participation in the workforce increasing by between 8% and 12%.

Not only has this boosted Quebec's economy, it has improved the financial security of women. It means a greater portion of household income is now under the control of women, which gives them more security in the case of separation, including in cases where they need to leave an abusive relationship. This is what feminist public policy looks like.

I often hear members of Parliament sharing stories about the struggling single parent mother trying to make ends meet. In fact, the member for Carleton, now the Leader of the Conservative Party of Canada, often invokes the experiences of single moms in Parliament.

I can be certain that he has never been a single mother. If he had been, maybe he would not be so quick to oppose a national health care program, which will help thousands of single moms and children across the country have a better life.

I, in fact, was a single mom. I was very fortunate at the time to have stable employment teaching in post-secondary education. However, even on an academic salary, I often had difficulty making ends meet, paying up to $650 a month in child care expenses. This resulted in me having to take on more employment, which resulted in my having less time with my precious son. I have lasting mother's guilt about having to leave him so I could provide for him.

I am lucky to have such a wonderful son, whom I adore. Looking back, maybe if there had been a national child care program at the time, our life might have looked much different. I was exhausted, and my son missed his mother.

More affordable child care, let alone $10-a-day child care, would have changed my life and my son's life. Therefore, for any member of the House who uses the story of struggling single mothers for political gain without having been one themselves, they should vote in favour of the bill and support a system of national child care now.

Returning to the bill, beyond the long-term funding commitment, Bill C-35 contains other important provisions we pushed for and managed to have incorporated into the bill.

First is the inclusion of international human rights conventions and declarations that enshrine access to child care as a human right.

Preambular paragraph 3 affirms a commitment to further realization of the right to child care as recognized in the UN Convention on the Rights of the Child. This is something for which child care advocates have long demanded and for which the NDP have fought. Preambular paragraph 3 also affirms the commitment to furthering the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and contains important references to other international conventions, including the UN Convention on the Right of Persons with Disabilities and the elimination of all forms of discrimination against women.

An other inclusion for which the NDP fought for was that rights-based language be included in the bill. I am pleased that this has been included.

Second and highly significant is that Bill C-35 would explicit priority to child care programs and services offered by public and not-for-profit providers as one of the principles guiding federal funding. This is a provision fought for and won by the NDP. It is is a win for parents because public and non-profit child care means affordable, quality and accessible day care for families that need it rather than day cares that make a profit off of the backs of parents.

We also know that an emphasis on public and non-profit child care means better wages and working conditions for staff in the system. Study after study, union after union have heeded these calls for a public not-for-profit child care system.

Those in the House who say they stand with workers then they need to stand with a public, non-profit child care system. Taking care of our kids should not be on the backs of parents. Kids are not a business. The focus should be on providing the best possible care at a price that parents can afford, not delivering a profit for shareholders.

While all of what I describe represents an important step forward, as I mentioned previously, there are areas where this bill can and should be improved. One of the improvements required is adding an explicit commitment to decent work for child care staff.

At this point, I will digress briefly to say that I was once, as many people know in the House, an early childhood educator. If someone had told me all those years ago that I would be in this place debating national child care legislation, I would not have believed that person.

Workers are at the heart and soul of a national child care system. For far too long, child care workers have been grossly underpaid and undervalued in spite of the fact that they perform some of society's most critical work. That is why I left the profession even though I loved the kids who I was teaching everyday. I loved the work but I could not afford to continue in a profession that did not pay a living wage or provide good benefits.

A national child care program will only be successful and sustainable if the workers who make it possible are treated with dignity and paid fairly for their labour. That is why I support the Canadian Labour Congress' call for the legislation to include a clear commitment to decent work for child care staff. All child care workers deserve to earn a living wage with benefits with which they can support their families.

As an aside, it is also vital for the federal government to develop a workforce strategy to address staffing shortages in the sector. When we talk about creating new spaces, the building is not the most important element. It is having trained staff to look after the kids in these new child care spaces, a workforce strategy that can help ensure we are continuously expanding child care options where the demand is greatest.

The bill can also be strengthened with respect to the accountability and transparency it provides. While the creation of a national advisory council is welcome in terms of the expert advice that it will provide, it does not have the enforcement power to ensure that the provisions set out in Bill C-35 are followed. It is important for the bill to include strong accountability mechanisms so that the commitments it contains are upheld.

The reporting requirements on the progress being made in establishing national child care and federal investments in this sector lack detail, stating only that the minister is required to make an annual report. This is too vague and the bill should specify the specific metrics, including new spaces being built, new child care workers being hired and other quantitative details. It is vital that members of the public and Parliament have access to this crucial information.

It should also establish conditions on federal child care funding, real accountability for when provinces fail to deliver on fee reductions or expanding public, not-for-profit care.

I am deeply concerned that Manitoba is the only province where we have not seen an average reduction in fees. Instead, the government has made changes to who is eligible for the subsidy. This is unacceptable. Also concerning is the Ontario government's decision to remove profit caps, paving the way for an expansion of for-profit care.

I know the government has said there are accountability mechanisms built into the bilateral agreements, but they are either inadequate, not being properly enforced, or both.

I am also aware that Bill C-35 does not supersede the bilateral agreements, which are legally binding, so we cannot impose new terms on top of these existing agreements. However, I am hoping the bill could be amended to provide stronger conditions that would apply on an ongoing basis, or on a going forward basis, to future agreements after the current ones expire, five years from when they are concluded. Right now, the bill says nothing about how future agreements would be enforced to ensure accountability for the funding. This is a notable gap that we should address.

While there are more opportunities to weigh in on the bill at committee and in the chamber, I want to conclude by again acknowledging the gravity of what we are discussing today. We have progressed from being a country where child care was seen as the sole responsibility of mothers, unpaid labour with which our society could not function, to a country where child care is not just an individual responsibility but a collective one. We have progressed to being a country where we will finally have national legislation underpinning a national system of child care in every province and territory.

After years of false starts and broken promises, that is something we can all take pride in. To the women, the workers and the advocates who have helped make this dream a reality, I say their tenacious efforts have made our country fairer, more just and more inclusive.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:50 p.m.
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Burlington Ontario

Liberal

Karina Gould LiberalMinister of Families

Madam Speaker, I want to begin by thanking my hon. colleague from Winnipeg Centre for the really positive and constructive working relationship we have developed over the past year. I also want to thank her colleagues in the NDP for their support of this legislation. I have great confidence in what we are going to be able to achieve with this for Canadians right across the country.

I also want to thank her for recognizing the advocates and those who have worked for generations to get us to where we are today. I am hoping she can take a couple of minutes to explain to our Conservative colleagues why a national child care initiative supports women and children, and why this is really important progressive feminist policy.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:50 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, certainly I am willing to work with any party in the House that is willing to advance the human rights of children and women. Human rights should never be made a partisan issue. This has certainly been recognized by child care advocates who support feminist policy in advancing the rights of women.

One cannot support women without a robust public and not-for-profit child care system. This has been recognized by unions and lead child advocacy groups in the country, who know that for-profit care hurts families, is paid for on the backs of families and mothers, and is not to the benefit of workers. I look forward to advancing this bill, putting forward some amendments to make it stronger and supporting more feminist policy in Canada with a national child care program.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:55 p.m.
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Conservative

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Madam Speaker, as I said earlier, I really enjoy working with the member on FEWO.

Does the member believe that, regardless of the model of operation, if a child care facility meets or exceeds the provincial, territorial and indigenous standards of quality of care, that it should have access to the national child care framework? If not, what data suggests otherwise?

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:55 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, I do not think that public money should ever be used for profit. Public monies need to be used for not-for-profit, public child care spaces.

We know the research shows that in early childhood education for-profit care often makes profit on the backs of children. We have certainly seen this in elder care, in private seniors' homes. We have also seen this in for-profit child care.

We need a national child care strategy that supports the training of workers; supports without question a living wage of workers, with benefits; supports families; and expands our current system so we end up with a national child care system that has enough spaces to support the families needing it.

Canada Early Learning and Child Care ActGovernment Orders

January 30th, 2023 / 1:55 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I want to thank my colleague for her excellent speech. For once, I am very pleased to be able to utterly and completely support a speech by one of my colleagues from the NDP.

I would like to offer a solution to allow us to work together better in future.

The bill before us includes an exemption for Quebec, which already has its own system. Over the past three years, there has been more than one occasion when I have shared essentially the same ideologies as my NDP colleagues, but ultimately had to vote the other way because there is always this centralizing tendency in national programs.

I would like my colleague to respond sincerely, from the heart. Does she not believe that we have found a model that could be used more often? We could work like this more often to advance the causes of Quebec and Canada.