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 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

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

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-35 aims to establish a Canada-wide early learning and child care system through federal funding and collaboration with provinces and territories. It seeks to ensure affordable, accessible, high-quality, and inclusive child care, guided by principles outlined in the bill. A national advisory council would be created to support the implementation and goals of the act.

Liberal

  • Strong support for bill C-35: The Liberal speakers voiced strong support for Bill C-35, emphasizing its role in establishing a Canada-wide early learning and child care system. They highlighted the bill's potential to ensure that affordable, accessible, high-quality, and inclusive child care is available to families across the country, comparing it in significance to the Canada Health Act.
  • Affordability is key: Liberals emphasized that affordable child care is life-changing for Canadian families, enabling parents to afford necessities and increasing women's participation in the workforce. They noted the success of Quebec's early learning and child care system as a model.
  • Addresses labour shortage: Speakers argued the bill addresses the labour shortage by enabling more parents, especially women, to enter the workforce. They cited estimates showing a significant return on investment, boosting the GDP and providing economic benefits.
  • Protecting the program: Liberals highlighted the importance of the bill in protecting the national child care program from potential future cuts by other parties. They contrasted their commitment to the program with the Conservative Party's past actions, such as the cancellation of child care agreements in 2006, and what they characterized as current opposition to affordable child care.

Conservative

  • Not truly universal: Conservative speakers repeatedly emphasized that the bill does not address the needs of all families, particularly those in rural areas and those who prefer alternative child care arrangements. Several speakers noted that over half the children in Canada live in 'child care deserts' and would not benefit from the bill.
  • Lack of choice: Members argued that the bill restricts parental choice by prioritizing government and not-for-profit spaces over private and home-based care. They criticized the Liberal-NDP coalition for rejecting amendments aimed at including all types of child care providers and giving parents the freedom to choose what works best for their families.
  • Addresses wrong priorities: Speakers contended that the bill focuses on affordability while neglecting more pressing issues such as accessibility and availability of child care spaces. They highlighted long wait-lists, labor shortages, and the failure to address the needs of shift workers and families with unique circumstances.
  • Inequitable access: Several speakers criticized the bill for creating a two-tiered system where families who can afford more expensive care have more options, while those who cannot may receive substandard care. They expressed concern that the bill does not target lower-income families effectively and may even disadvantage them.
  • No strategy for workforce: Many speakers pointed out that the bill fails to address the labor shortage in the child care sector. They noted that the Liberal-NDP coalition rejected amendments aimed at supporting the recruitment and retention of qualified early childhood educators, undermining the long-term viability of the child care system.

NDP

  • Supports Bill C-35: The NDP supports Bill C-35, the Canada Early Learning and Child Care Act, and urges all parties to pass it. They believe this bill is an important step towards building a permanent national system of $10-a-day child care and enshrining the agreements into legislation so that future governments cannot easily reverse the policy.
  • Improved by NDP amendments: The NDP is proud to have improved the bill through amendments that include stronger reporting requirements, more inclusive language for children with disabilities and those from official language minority communities, recognition of the impact of working conditions on care, and upholding indigenous peoples' right to free, prior and informed consent.
  • Prioritize non-profit/public: The NDP supports the explicit prioritization of non-profit and public child care for federal funding, and hopes to stop federal money being used to expand for-profit child care. The party believes that public money should be invested in public institutions, because it is better for workers and children.
  • Child care workforce crisis: The NDP emphasizes the child care workforce crisis, with workers receiving inadequate wages and benefits, and enduring difficult working conditions. They assert that unless these issues are addressed, the success of a national child care system is at risk and call for a clear strategy to ensure an increase of those working in child care. Without them, we will never see improvements for generations to come.

Bloc

  • Supports the bill: The Bloc supports Bill C-35, despite concerns about federal overreach into provincial jurisdiction. They acknowledge the bill excludes Quebec from federal family policy for five years and provides compensation.
  • Quebec's leadership: The Bloc emphasizes Quebec's established and successful early childhood education model, which they believe should be recognized and respected. They argue the federal government should not impose conditions on Quebec, especially since the province's program is being used as a model.
  • Protecting provincial jurisdiction: The Bloc stresses that education and family policies are provincial responsibilities and opposes federal interference. They express concern that the bill does not adequately protect Quebec's right to opt out of the federal program with full compensation and manage its own policies.
  • Missed opportunities: The Bloc feels the bill should have incorporated Quebec's expertise and allowed the province to fully opt out with financial compensation, but amendments to that effect were rejected. Members expressed disappointment that Quebec's role was relegated to the preamble of the bill.

Independent

  • Accessibility concerns: The bill does not address accessibility and may not deliver on its promises. The $10-a-day child care plan does little to address labour shortages and the lack of child care spaces, potentially not helping families on waitlists or operators lacking staff and infrastructure.
  • Discrimination against women: The bill is discriminatory towards women, as it prevents growth opportunities for privately run female child care operators. The bill also fails to address how more women can return to work when there are no child care spots available and waitlists are years long.
  • Address labour shortages: There are not enough qualified staff to keep existing child care centers running at full capacity, let alone operate new spaces. Not enough students enter the ECE programs across Canada to support any growth, and it remains difficult to retain staff without the financial incentive to work in the field.
  • Need for inclusivity: The bill can be improved by making it more inclusive, deleting references to public and not-for-profit child care providers, and considering guidance for advisory council members to avoid conflicts of interest. Additional specificity surrounding the composition of the advisory council with respect to regional representation as well as representation by female entrepreneurs and those involved in the direct delivery of licensed child care services should be considered.

Green

  • Strong support for Bill C-35: The bill aims to establish a system of early learning and child care to promote the development of young children, addressing the need for accessible, affordable, inclusive, and high-quality child care.
  • Need to improve worker compensation: While supportive, there are concerns about the insufficient payment for child care workers, and ensuring that early learning and child care educators are recognized and properly compensated is critical.
  • Government gamesmanship: There is criticism of the government's use of time allocation and the broader parliamentary process, where partisan gamesmanship and the reading of prepared speeches detract from meaningful debate on important legislation like Bill C-35.
Was this summary helpful and accurate?

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:25 p.m.

Bloc

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

Mr. Speaker, I thank my colleague for her question. There are indeed similarities. These are important communities in our ridings, after all. They also need support in terms of day cares. I think this bill will make things easier for the communities. The important thing is to always listen to the communities and their needs.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:25 p.m.

Bloc

Simon-Pierre Savard-Tremblay Bloc Saint-Hyacinthe—Bagot, QC

Mr. Speaker, as my colleague said, fortunately there is the right to opt out with compensation. However, when I read that a “Multilateral Early Learning and Child Care Framework” would apparently fall under the federal spending power, I admit that concerns me.

Am I right to be concerned?

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:25 p.m.

Bloc

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

Mr. Speaker, I thank my colleague for his question. Yes, we do have some questions, and there is good reason to be concerned.

We have to remain vigilant when it comes to this bill and future legislation. There is room for improvement, so we are going to pay very close attention to what happens with this bill.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:25 p.m.

The Deputy Speaker Chris d'Entremont

Before we go to the next speaker and I run off, I want to make sure that everybody prays for a bit of rain for Nova Scotia.

Resuming debate, the hon. member for Regina—Qu'Appelle.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:25 p.m.

Conservative

Andrew Scheer Conservative Regina—Qu'Appelle, SK

Mr. Speaker, we are all hoping and praying for rain, and sending our best, in support of all the first responders who are responding to the tragedy.

It is an honour for me to stand on behalf of my constituents and speak to Bill C-35, the legislation currently before the House. This is a bill that would enshrine in legislation essentially the deals that the federal government has already signed with provincial governments.

It is important, right off the bat, for people listening to know that the debate tonight, no matter how long it goes today or in the coming days, does not actually affect the real-time outcomes among the different levels of government. That is something I wanted to get on the record right away, anticipating some of the concerns and phony outrage that might be manufactured in a few moments from some members from other parties.

I want to start off by pointing out the fact that I have five children. I often get asked what it is like having five children, especially when we went from four to five. Having that fifth child is nerve-racking. Many of my friends and family said four was a lot, asked how we went from four to five and what it was like as a family to experience that. The great Jim Gaffigan, who also has five kids, by the way, summed it up best. He said if people want to contemplate what it is like going from four children to five children, they should imagine themselves drowning and then someone throwing them a baby. I can attest that there is a lot of truth to that.

The difference between a first child and a fifth child is very different psychologically. When my wife and I had our first child, we had all the bells and whistles, the baby monitors and that special mat that monitored everything. At the slightest sound, we would run in and check on Thomas. When the fifth child comes along, it is a little different. Parents are a little more mellow and have experienced more. When I was asked how it was going with baby number five, I would say it was pretty good, that we were getting through the night. We would put the baby down, turn on a fan on in the baby's room and close Mary's door. We would go into our room, close our door and turn our fan on. When people would ask if she was sleeping through the night, we would say we did not know, but we were. That is kind of half the battle being a parent.

I tell these stories because, for those us who have been blessed with the opportunity to have and raise children, it is a lot. It is incredibly rewarding, but it is, at the same time, incredibly stressful. People go through all the normal difficulties of life with bills, jobs and managing different relationships in their lives and then they have this being that is 100% dependent on them as parents. Every moment parents are away from that child, they worry about him or her. They ponder whether they have left their child with the right sitter, if their mother-in-law is going to forget the thing she was told about the medicine at the right time or if their dad is going to think to do the other thing. All those thoughts that parents think of are always stressful.

Child care, of course, is a major preoccupation for parents from all walks of life, from all backgrounds, from all different corners of our wonderful country, so it is not surprising that, as the Liberal cost of living crisis continues, child care costs are one of the stress points in families. As the Liberal government has devalued our paycheques by robbing us of our purchasing power, as it ballooned the money supply, washing $400 billion of new money through the system, completely devaluing the dollars that we work so hard for, it is not surprising that one of the stress points is child care, because it is so intrinsically linked.

For many families, the ability to work, to go out and earn a living, is dependent on the ability to find someone to watch their children, to make sure their children have the care they need while they go out into the world and earn a paycheque. Sadly, under the Liberal government, more and more Canadian families are having to work more and more. They have to pick up extra shifts. I know many people in my riding who have second jobs, who work a full 9 a.m. to 5 p.m. and then pick up maybe an 8 p.m. to 11 p.m. shift at a restaurant or hotel, and they are doing that just to offset the purchasing power that the government robbed them of.

I think back to my science classes when I was going through high school. Every once in a while we would kind of look at the fallacy around a perpetual motion machine, something often seen in tropes in science textbooks when talking about conservation of energy, entropy and things like that. It is pretty much an accepted fact that we could never have a perpetual motion machine. What does a “perpetual motion machine” mean? It means the machine itself provides the energy to power the movement of the machine which then creates the energy that goes back into creating the movement. There is a perpetual loop that the energy created by the machine powers the machine to create the energy in the first place.

One does not have to be a fourth-year graduate student to understand that there is no such thing in the real world as a perpetual motion machine, but in politics there can be. That is the perpetual motion machine of government justifying its continued intervention in the economy or in people's lives. The government taxes families more and more. It devalues the paycheques of the people who pay those taxes, which creates stresses in our society. We are seeing 1.5 million Canadians visiting a food bank, a staggering number in 2023 in a developed G7 country. We all hear heartbreaking stories of families who have had their utilities cut off because they could not pay the increased costs as the carbon tax takes a bigger and bigger bite out of their paycheques and, of course, we see it with child care costs as well. More and more of those take-home dollars have to go to pay the child care providers.

The government comes along after taxing and after devaluing paycheques and says it is going to tax more and spend more to help alleviate the problem that we ourselves have caused. When I say “we” I mean the Liberal government; it is not actually the Conservative government. The Liberal government has caused this dynamic. This is what I mean by the perpetual motion machine. It is continually creating problems through government action and intervention. Then to alleviate those problems, it comes along to tax more and spend more, which creates more problems and unintended consequences down the road. Who could have predicted today in 2023 that some of those terrible Liberal policies of 2015-16 would lead to these massive inflation numbers that we see today, accompanied by staggering interest rate hikes?

The Liberal finance minister finally acknowledged that inflationary deficits cause higher interest rates. Seeing the numbers from the last little bit, we know that in April the inflation rate for Canada went up even after the Bank of Canada took all kinds of measures to fight inflation by increasing interest rates; forcing Canadians to pay more and more of their mortgage payment to the bank for interest, instead of actually paying down the principal. After that kind of news and knowing what the U.S. federal reserve has done raising interest rates, experts are predicting that there are going to be future interest rate hikes coming to Canada this summer.

The reason why I mention all of this is because this might look like it is going to help Canadians. There may be many Canadians looking at this legislation, looking at these child care deals and thinking, okay, my child care costs are getting more and more expensive but at least the government is coming along to help me with that. The point is that the unintended consequences of massive amounts of new spending requiring new taxes to pay for it or driving up inflation will undo any of the benefits that the Liberals are claiming to have today.

I also want to very briefly point out how unfair this is to so many Canadians, so many women across the country who would prefer to raise their own children, to look after their own children, and with the entrepreneurial spirit that they have, decide to become a day care operator and open up their own home, maybe finish their basement or put on an addition to their house so that they can look after children in neighbourhoods in what is being called “day care deserts” which, according to data from the Canadian Centre for Policy Alternatives, 92% of Saskatchewan is in a day care desert. Rather than facilitate and enable women to become entrepreneurs, to start businesses in their communities, the government has decided to fund one narrow form of day care. That is why the official opposition is raising these kinds of concerns and we hope the government takes these concerns seriously.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:35 p.m.

Burlington Ontario

Liberal

Karina Gould LiberalMinister of Families

Madam Speaker, a lot of us can relate to what it is like to have a baby and that feeling of being overwhelmed, which is why child care is so important and it is so important for families to know they can send their child somewhere that is safe, that is going to provide quality development and education and that their child will be well cared for.

I need to correct the record. The hon. colleague ended by saying that if one has a home day care one is not eligible to participate in this program. That is simply false. In fact, in his own province of Saskatchewan, that is one of the ways it is increasing access to child care, through licensed day homes, particularly in rural areas.

This is typical of the Conservatives, who I am not sure have actually read the legislation or read the agreements, so they do not actually know what we are debating tonight, which in fact is an amendment to the short title of the bill. I have asked every single Conservative colleague here if they will be supporting Bill C-35. I have yet to hear a clear response.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:35 p.m.

Conservative

Andrew Scheer Conservative Regina—Qu'Appelle, SK

Madam Speaker, the minister is highlighting the importance of report stage debates because she is claiming the bill does not discriminate against entrepreneurs who want to start a business in their communities to address this.

Let me read her bill. Maybe she can go back to her department and quickly file some amendments or maybe withdraw the bill and come up with something else.

Under “Guiding Principles”, paragraph 7(1)(a) reads:

support the provision of, and facilitate equitable access to, high-quality early learning and child care programs and services — in particular those that are provided by public and not for profit child care providers —

Therefore, that is excluding all those examples I just mentioned, such as people in smaller communities—

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:35 p.m.

Liberal

Karina Gould Liberal Burlington, ON

It doesn't say not not-for-profit; no, it doesn't.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:35 p.m.

Conservative

Andrew Scheer Conservative Regina—Qu'Appelle, SK

The minister is shaking her head and saying that it does not.

We will grant unanimous consent right now. If she wants to withdraw this part of this bill, we will agree this second.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:35 p.m.

The Assistant Deputy Speaker Carol Hughes

I just want to remind members they are not to have cross-debates.

On a point of order, the hon. parliamentary secretary to the government House leader.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:40 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I believe if you seek it you will find unanimous consent to allow the minister to respond to that last comment.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:40 p.m.

Some hon. members

No.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:40 p.m.

The Assistant Deputy Speaker Carol Hughes

There is no unanimous consent.

On a point of order, the hon. member for Regina—Qu'Appelle.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:40 p.m.

Conservative

Andrew Scheer Conservative Regina—Qu'Appelle, SK

Madam Speaker, just to clarify, the invitation was to amend the flawed bill that contradicts what the minister just said. The minister has already had lots of time—

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:40 p.m.

The Assistant Deputy Speaker Carol Hughes

Order, please. This is debate and not a point of order.

Questions and comments, the hon. member for Edmonton Strathcona.