Bill C-35 (Historical)

Canada Early Learning and Child Care Act

An Act respecting early learning and child care in Canada

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Karina Gould Liberal

Status

This bill has received Royal Assent and is now 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

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.

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Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

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

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, one of the things I am always a bit concerned about is the fact that the Conservative Party members seem to believe, on the things we are all trying to fight for for Canadians, these are things they are entitled to but that Canadians are not entitled to. I have to say it is on the public record the Conservative Party of Canada actually paid for this member to send his children to a private school with a tuition of $18,000, and yet he is in this House saying that single moms and Canadians across this country, Canadians who are struggling with the cost of living, should not have access to even child care for their children while he is able to send his children to private school. How does he square that circle? It seems extraordinary to me that he thinks that is reasonable.

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, my hon. colleague is making a massive confusion. Not only is it comparing apples to oranges but it is talking about what allows Canadians to have access.

The point I am making in my speech is about when the government does more and more and defines how support is going to be given out. It has created a child care program that is so exclusionary. What I am fighting for is more access, more Canadians to be able to access affordable child care. This myth that if government does not do it that it does not get done is just false. The entire course of human history in terms of innovation and a higher quality of life comes from free market competition, other kinds of non-government solutions. That is the point that was being made.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

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

Conservative

Michelle Ferreri Conservative Peterborough—Kawartha, ON

Madam Speaker, I love hearing stories about my hon. colleague's children and the great comedian Jim Gaffigan.

When we are looking at the Matthew effect, this is one of the criticisms that has been made of Bill C-35. For those people who do not know, the Matthew effect is where increasing public provision ends up advantaging higher-income rather than lower-income groups. That is what we have seen with the way this legislation is currently written. What does the member have to say about that?

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, that is a great point, and I want to congratulate my colleague, who has really quarterbacked the bill for the official opposition. She has done a phenomenal job doing research and getting witnesses together to tell the story about all the flaws that are in the bill.

The member is absolutely right. There are many parts of the country where Canadians are forced to live because of low income; they are in areas where there is just not that type of access. People who live in a fancy part of Toronto or Vancouver, where there are a lot of government day care spots, may be a big winner from this, because they have the ability to live in those parts of our country. However, there are many Canadians, the vast majority of Canadians, who are going to get absolutely nothing.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

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

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I just want to start out my speech tonight by talking about something that is related, although perhaps not directly on point, if I could have the indulgence of the House.

An incredibly sad story came out of my riding in recent days. Vienna Rose Irwin, age two, was discovered in an open well outside of a day care in my riding. She had obviously passed away. I just want to take this moment to pass on my greatest sympathies to the family and to all the people who knew her. To quote, “She was the most beautiful and sweetest little girl and in her short time here on Earth touched so many.” While not directly on point, I appreciate the indulgence to send that sympathy to her parents. She passed away just outside of a day care some days ago. I send my deepest sympathies and regards, and I am sure those of all members, to her parents and all those who knew and loved her.

We will start there. I am sorry for choking up a little. I think of my own kids. I have a seven-year-old and a nine-year-old. I heard the official opposition House leader talk about having five kids. I have only two; I am not as ambitious as the Conservative House leader. I can say that certainly even with two, some days it feels like we are drowning. I love this job. I love being here, and it is certainly my choice. However, the hardest days are always on Sunday nights or Monday mornings, when I have to leave them, knowing that I will not see them for four or five days. I am very pleased to serve the people of Northumberland—Peterborough South.

Child care is a challenge in our family, just as it is for millions across Canada. The Conservatives have raised some concerns and objections, and I think we have done it in quite a constructive way. Of course, Conservatives recognize the challenges of raising children in today's society. In fact, in a lot of ways, those concerns have been heightened over the past eight years, with the cost of inflation driving up the cost of housing and food. Food bank usage has doubled or even tripled. What is scary is that we are in fact seeing more and more employed parents having to use food banks. We recently heard testimony that it used to be that about 15% of folks using food banks would identify themselves as employed. That number is now 30%, and a lot of them are parents.

I just want to go through some numbers. In 2011, the average full-time day care cost for a child aged four or younger in Ontario was $677 a month. Even at $677 for child care, I am sure that that is not easy for many parents. Today, for parents living in Toronto, it costs more than $1,000 a month to have an infant in day care. This is an increase of 67%.

Child care costs in Ontario are among the highest in the country, and I would venture to say, some of the highest in the world. In Toronto, a full-time spot for a toddler costs around $1,600 a month, or $19,000 a year. This is just one of the costs that have risen for parents; no doubt, it is an extremely challenging one.

There are also many other issues with respect to the expenses for child care. I just want to talk a little bit about the marginal effective tax rate and participation rate for parents. I know that, in the past, when I have raised this and stated the numbers, Liberals have sighed or rolled their eyes in disbelief. However, these numbers are all cited. These numbers have all come from the C.D. Howe Institute, a respected think tank and institution, and all their math is here too. If anybody wishes to challenge it, I cannot raise the report, because then it would be a prop, but I am more than willing to table it.

One of the numbers they talk about is the participation tax rate. I will just read this to make sure that we have it correctly on the record:

[It] is the cumulative effect of all income taxes, other contributions, payroll deductions and loss of tax benefits on the entire prospective earnings from work.

For a stay-at-home parent, it represents a financial penalty that must be paid out of total derived income.

I just want to give a scenario in which we have a mom who earns $30,000 a year. The total family income is $30,000. The mother will pay federal income taxes and CPP and EI contributions, with no Alberta income tax, for a total of $1,985. The dad is now considering going back to work. He has been at home with the kids, and he is deciding to return to the workforce.

By the way, I have not heard anyone in this House say it, but I have heard it said from time to time in the community. I hate it when they say that “stay-at-home parents are going back to work.” Members can trust me: It is a vacation doing this job compared with taking care of my kids. I am first and foremost my kids' dad before I am the member of Parliament for Northumberland—Peterborough South.

We have this situation. We have a mom who is working and earning $30,000 a year. The dad wants to go back to paid work. We would think that $30,000 more in income should increase the family's disposable income by $30,000, especially as a low-income earner. Do members know how much their income would actually increase? The family's disposable income would increase by $13,350. That is all. Their participation tax rate for the dad's return to work is 56%. It is in here. I am happy to table the report.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:50 p.m.

The Assistant Deputy Speaker Carol Hughes

I want to remind the hon. member not to point to the report.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:50 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

I know.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:50 p.m.

The Assistant Deputy Speaker Carol Hughes

If he knows, then he should not be doing it.

The hon. member.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:50 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Can I have unanimous consent to table this after my speech?

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:50 p.m.

An hon. member

No.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:50 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Exactly.

Madam Speaker, I just want to walk members through a couple of the actual numbers. Let us say that we have a parent who is earning $45,000 and a second parent who wants to go back and earn $20,000. Their participation tax rate, as I outlined it earlier, if they live in Newfoundland and have one kid, is 38%. I have a lot of these, but I am just going to go through and pick a couple of them. In Ontario, their participation tax rate, if they had two kids, would be 54%. If they had three kids, and they were in the beautiful province of Quebec, their participation tax rate would be 66%.

If the government wants to enable parents to return to the workforce, it just simply has to stop taking their money. It is tens of thousands of dollars through the participation tax rate. I can show members the numbers, and I am happy to walk them through the numbers. That money would do a lot more than the Liberals' child care program ever would, and the parents would have the ability to spend that money how they want to.

I heard laughter when one of our members talked about grandparents raising people's kids. I have great respect for grandparents, and if it is their decision to watch their grandchildren, then God bless them. I think that is a great decision. The government should not be getting away from grandparents spending time with their grandkids. The government should be supporting grandparents.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:50 p.m.

Burlington Ontario

Liberal

Karina Gould LiberalMinister of Families

Madam Speaker, I would like to join my voice to my colleague's in sending condolences to the Irwin family and to the member's entire community. I cannot imagine the pain they are going through right now.

The member ended by talking about grandparents taking care of grandkids. There is nothing in this legislation that would prevent a family from making their own child care choices. There is absolutely nothing that would change that. However, what I can say is that some of the people whom I have spoken to who are most excited about this legislation are grandparents. They love their grandchildren, but it is a lot to ask them in their golden hour to take care of little kids. When I travelled around this country, not only were parents excited, but grandparents were absolutely also excited about the affordable child care initiative.

I am still not sure. I have asked every Conservative member who has spoken tonight. We are just debating a spurious amendment right now. Will the Conservatives be supporting Bill C-35?

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:50 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I thank the member, first off, for extending her sympathies. I appreciate that, and I appreciate a lot of the member's response, but I just want to address a couple of points.

One is that we want to enable and empower grandparents, and there is nothing in the legislation, to be clear, that would stop them from looking after kids, but if we were able to reduce the cost of living; reduce the marginal effective tax rates, which for seniors collecting GIS is always over 50%; and reduce the participation tax rate, we would empower and enable seniors to make their own decisions. Certainly we do not want to be forcing anyone who does not want to extend child care, but we also want to empower and enable those who do.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:55 p.m.

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I would also like to send my condolences to the family in the member's riding.

I really appreciated the member's intervention, because he seems to be taking Bill C-35 seriously and not talking only about the motion about the short title.

The bill is especially important for Nunavummiut. I do not know if members have read the Auditor General's report published on May 30 about Inuit children's and youth's rights being infringed. There are many children and youth who are in care, but who also who do not need to be in care. Preferably, Bill C-35 would help make sure that families are able to get the supports they need to use day care, rather than having their children stolen by governments.

What I do appreciate about the bill as well, and I thank the member for Winnipeg Centre for her great work, is that it includes the importance of upholding indigenous rights, because of the inclusion of the Convention on the Rights of the Child and the implementation of UNDRIP. I wonder if the member agrees that it is absolutely necessary that we pass Bill C-35 so indigenous children's rights can be upheld.

Motion in AmendmentCanada Early Learning and Child Care ActGovernment Orders

May 31st, 2023 / 9:55 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I think that was a fantastic and fair question, and that is why we supported the amendment put forward by the NDP. We will continue to support that. Obviously, the residential schools and the stealing of indigenous children are absolutely beyond the pale, so inclusive of that or exclusive of that, Conservatives believe entirely that children should be raised as their parents and their culture want. I have had many discussions with the great chiefs of the Hiawatha First Nation and the Alderville First Nation, whose nations are located within the boundaries of the riding of Northumberland—Peterborough South, and every single indigenous child deserves to be raised with an indigenous upbringing and culture. Parents in general deserve the ability and the right to raise their children as they see fit, not how the government sees fit, through the residential schools or otherwise.