Question Period Note: Bill C-35 : CANADA EARLY LEARNING AND CHILD CARE ACT

Why did the government introduce federal early learning and child care legislation?

Bill C-35 fulfills the government’s commitment to introduce early learning and child care legislation.

The Bill would enshrine in law the government’s commitment to a Canada-wide system, including long term federal funding for, and continued collaboration with, provinces, territories and Indigenous peoples.

This historic Bill reinforces the government’s longterm commitment to ensuring families in Canada have access to high-quality, affordable, and inclusive early learning and child care.

This would grow the economy, allowing more parents – especially mothers – to enter the workforce, and give children in Canada the best start in life.

If pressed

The proposed legislation also supports the Government’s commitment to advance Reconciliation. It would help ensure that early learning and child care for Indigenous families will be led by Indigenous peoples, and continue to be guided by the co-developed Indigenous Early Learning and Child Care Framework.

Pre-tabling engagement took place from January to March 2022, with provinces, territories and Indigenous partners, as well as stakeholders. A What We Head Report was published in November 2022.

More specifically, Employment and Social Development Canada (ESDC) undertook outreach with: provincial and territorial governments, approximately 50 Indigenous governments and organizations, including national First Nations, Inuit and Métis Nation leadership; Modern Treaty and Self-Government Holders; and national and regional Indigenous organizations, and nearly 70 ELCC national or regional stakeholder organizations and experts.

In total, ESDC received 33 written submissions. On March 8, 2022, the Public Policy Forum also held a roundtable on behalf of ESDC with 18 ELCC experts and stakeholders, seeking additional input on the proposed federal ELCC legislation.

Based on the feedback received during the engagement process, a number of key themes emerged, including the fact that provinces and territories emphasized the importance of respecting their jurisdiction in the ELCC space, and the need to include explicit commitments to ongoing, long-term funding in the legislation.

Indigenous partners highlighted that the legislation should include specific language respecting Aboriginal and treaty rights. In addition, they highlighted the importance of culturally-appropriate ELCC and the need for longterm, sustained funding.

Experts and stakeholders underscored the need to tie conditions to PT funding, clearly define the principles that will be enshrined in the legislation, and establish a long-term federal funding commitment. Many experts and stakeholders also highlighted the importance of regular public reporting to support accountability.

Taking into account the feedback received Bill C-35 was drafted to reinforce the Government’s long-term commitment to ELCC by articulating the federal goal, vision, and principles for a Canada wide system; to enshrine the Government of Canada’s commitment to sustained and ongoing funding for provinces, territories, and Indigenous peoples; to enhance accountability through public reporting on progress towards an ELCC system; and to establish in law a National Advisory Council on ELCC, which will provide advice to the Minister of Families, Children and Social Development on a Canada-wide ELCC system.

The legislation sets out the federal vision and guiding principles for a Canada-wide ELCC system. Access, affordability, inclusivity, and high quality are the federal principles underpinning the vision for a Canada-wide system. These principles are consistent with and support the principles embedded in the Canada-wide bilateral agreements, which are themselves grounded in the FPT Multilateral ELCC Framework. Federal action with Indigenous peoples will continue to be guided by the principles set out in the co-developed Indigenous ELCC Framework.

Recent reactions from partners:

With few exceptions, the response to the introduction of Bill C-35 has been overwhelmingly positive. Stakeholders have welcomed the Bill as an important contribution to securing a high quality, affordable and inclusive child care system in Canada. Particular support has been expressed for the provisions relating to respect for the rights of Indigenous peoples as well as Canada’s International obligations under United Nations Conventions. Stakeholders have also underlined the importance of the proposed legislation as a means of protecting future bilateral agreements and the Canada-wide system, as well as the prioritization of not-for-profit and public care in the legislation. The NDP critic also welcomed the latter, and indicated the party’s instrumental role in its inclusion in the Bill.

Provinces and Territories have either not commented or reacted positively to the Bill so far. There has also been little public reaction from Indigenous partners to the introduction of the Bill to date. Of note, the BC Aboriginal Child Care Society (BCACCS) reacted positively to the Bill’s introduction.

That said, there has been some negative reaction, albeit limited, from for-profit child care providers, notably in Alberta, who have raised concerns about what they see as the lack of representation and equitable treatment of for-profit operators in the legislation. CARDUS, a faith-based think tank, has also voiced public opposition to the legislation, as they view it as supporting a child care system that limits parental choice in child care.

The Government of Canada made a transformative investment of more than $27 billion over five years as part of Budget 2021 to build a Canada-wide early learning and child care system with provinces and territories.

To support a lasting federal commitment, Budget 2021 committed to introducing early learning and child care legislation to enshrine the principles of a Canada wide system in law, following engagement with provinces, territories, Indigenous peoples, and stakeholders.

This commitment was reinforced in the mandate letter of Minister of Families, Children and Social Development in December 2021, as well as in the Supply and Confidence Agreement with the New Democratic Party.

Bill C-35 was introduced on December 8, 2022. Second reading debate started on January 30, 2023. The proposed Canada Early Learning and Child Care Act would enshrine a long-term federal commitment to early learning and child care. It sets out a vision, principles and long-term funding commitment to work in collaboration with provinces, territories and Indigenous peoples to create and maintain a Canada-wide early learning and child care system.

The Bill does not replace the existing funding agreements with provinces, territories and Indigenous partners. Rather, it complements these agreements and upholds the Multilateral Early Learning and Child Care Framework, as well as the Indigenous Early Learning and Child Care Framework that was codeveloped and endorsed by Indigenous leadership and the Government of Canada. The bill would respect provincial and territorial jurisdiction and Indigenous rights, including the right to selfdetermination.

“New legislation to enshrine child care into the Parliament of Canada is a game changer for child care and early learning in Canada. The proposed legislation is a promising step towards ensuring that future bilateral child care funding agreements with provinces and territories will continue to properly advance the principles and declarations set out in the Canada-wide Early Learning and Child Care Plan for years to come.”

-Canadian Child Care Federation (English only)

“We celebrate the introduction of Bill C-35 and we applaud the federal government’s important commitment to upholding Indigenous rights and jurisdiction in the legislation.”

• Coalition of Child Care Advocates of British Columbia (English only)

“The BC Aboriginal Child Care Society (BCACCS) applauds the federal government’s commitment to upholding Indigenous rights and jurisdiction in Bill C-35. The legislation introduced today is an important and hopeful step in the development of a rights-based system of Early Learning and Child Care (ELCC); a system that is fundamental to reconciliation.”

• BCACCS (English only)

“Our affordable child care plan is helping to grow the economy, allowing more women to enter the workforce, and helping to give children in Canada the best start in life. We want to ensure that future generations of families across Canada can count on the progress we’ve achieved so far. Introducing this bill is an important step toward making this system a lasting federal commitment, including sustained long-term funding for provinces, territories and Indigenous peoples.”
– Minister of Families, Children and Social Development, Karina Gould (tabling of C-35 on December 8, 2022)