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Bill C-35

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-35
An Act respecting early learning and child care in Canada
AS PASSED
BY THE HOUSE OF COMMONS
June 19, 2023
91052


RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting early learning and child care in Canada”.

SUMMARY

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.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-35

An Act respecting early learning and child care in Canada

Preamble

Whereas the Government of Canada, recognizing the beneficial impact of early learning and child care on child development, on the well-being of children and of families, on gender equality, on the rights of women and their economic participation and prosperity and on Canada’s economy and social infrastructure, is committed to supporting the establishment and maintenance of a Canada-wide early learning and child care system, including before- and after-school care;

Whereas the Government of Canada recognizes the role of the provinces and Indigenous peoples in providing early learning and child care programs and services and is committed to cooperating, collaborating, and maintaining partnerships with them in order to support them in providing such programs and services that are affordable, inclusive and of high quality, including by entering into agreements respecting funding;

Whereas the Government of Canada is committed to continuing to work in collaboration with the provinces and Indigenous peoples on a Canada-wide early learning and child care system that contributes to meeting the Sustainable Development Goals of the United Nations, to implementing the United Nations Declaration on the Rights of Indigenous Peoples and to meeting Canada’s international human rights obligations, including those under the Convention on the Rights of the Child, the Convention on the Elimination of all Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities;

Whereas the Multilateral Early Learning and Child Care Framework sets out principles to guide the Government of Canada and the governments of the provinces in achieving the vision of all children in Canada having access to quality early learning and child care programs and services that support their development and enable them to reach their full potential;

Whereas the Indigenous Early Learning and Child Care Framework, which was co-developed by the Government of Canada and Indigenous peoples, sets out the principles to guide all interested parties in achieving the vision that all First Nations, Inuit and Métis children and families are supported by a comprehensive and coordinated early learning and child care system that is rooted in Indigenous knowledge, cultures and languages and led by Indigenous peoples;

Whereas the Government of Canada is committed to continuing to implement the Multilateral Early Learning and Child Care Framework and the Indigenous Early Learning and Child Care Framework and to achieving the goals set out in them;

Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Inuit and the Métis through renewed nation-to-nation, Inuit-Crown and government-to-government relationships based on recognition of rights, respect, cooperation and partnership;

Whereas the Truth and Reconciliation Commission of Canada’s Calls to Action calls for the federal, provincial and Indigenous governments to develop culturally appropriate early childhood education programs for Indigenous families;

Whereas the Government of Canada is committed to upholding the right of Indigenous peoples to be consulted in order to obtain their free, prior and informed consent for legislation pertaining to Indigenous children;

And whereas the Government of Canada recognizes the importance of engaging with civil society, including parents, guardians, tutors and other stakeholders, to assist it in its efforts to support a Canada-wide early learning and child care system;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Canada Early Learning and Child Care Act.

Interpretation

Definitions

2 The following definitions apply in this Act.

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.‍ (corps dirigeant autochtone)

Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍ (peuples autochtones)

Minister means the member of the King’s Privy Council for Canada designated under section 4.‍ (ministre)

Rights of Indigenous peoples

3 This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

Designation of Minister

4 The Governor in Council may, by order, designate a member of the King’s Privy Council for Canada to be the Minister for the purposes of this Act.

Purpose and Declaration

Purpose

5 The purpose of this Act is to

  • (a) set out the Government of Canada’s vision for a Canada-wide, community-based early learning and child care system and its commitment to ongoing collaboration with the provinces and Indigenous peoples to support them in their efforts to establish and maintain such a system;

  • (b) set out the government’s commitment to maintaining long-term funding for the provinces and Indigenous peoples for the establishment and maintenance of that system;

  • (c) set out the principles that guide the ongoing federal investments in that system;

  • (d) establish the National Advisory Council on Early Learning and Child Care;

  • (e) further the progressive realization of the right to benefit from child care services as recognized in the Convention on the Rights of the Child; and

  • (f) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Declaration

6 It is declared that

  • (a) the Government of Canada has as a goal to support the establishment and maintenance of a Canada-wide early learning and child care system where families have access to affordable, inclusive and high quality early learning and child care programs and services regardless of where they live;

  • (b) flexible early learning and child care programs and services that respond to the varying needs of children and families foster children’s development and are an important support for families and communities;

  • (c) access to affordable early learning and child care programs and services enable parents and guardians and tutors, particularly mothers, to reach their full economic potential, which contributes to a strong economy and greater gender equality;

  • (d) it is important for the Government of Canada to cooperate, collaborate and work in partnership with the provinces and Indigenous peoples and support them in their efforts to provide those programs and services; and

  • (e) First Nations, Inuit and Métis children and families are best supported by early learning and child care programs and services that are culturally appropriate, that are led by Indigenous peoples and that respect the right of Indigenous peoples to free, prior and informed consent in matters relating to children.

Funding

Guiding principles

7 (1) Federal investments respecting the establishment and maintenance of a Canada-wide early learning and child care system — as well as the efforts to enter into related agreements with the provinces and Indigenous peoples — must be guided by the principles by which early learning and child care programs and services should be accessible, affordable, inclusive and of high quality and must, therefore, aim to

  • (a) 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 — that meet standards set by provincial governments or Indigenous governing bodies, that are reflective of other evidence-based best practices in high-quality service provision and that respond to the varying needs of children and families;

  • (b) enable families of all income levels, including low incomes, to benefit from affordable early learning and child care programs and services;

  • (c) support the provision, including in rural and remote communities, of early learning and child care programs and services that are inclusive of children from systematically marginalized groups, including children with disabilities, and of children from English and French linguistic minority communities, that respect and value the diversity of all children and families and that respond to their varying needs; and

  • (d) support the provision of high-quality early learning and child care programs and services that foster the social, emotional, physical and cognitive development of young children, including through the recruitment and retention of a qualified and well-supported early childhood education workforce, recognizing that working conditions affect the provision of those programs and services.

Other guiding principles — Indigenous peoples

(2) Federal investments in respect of early learning and child care programs and services for Indigenous peoples — as well as the efforts to enter into related agreements with Indigenous peoples — must be guided by the principles set out in the Indigenous Early Learning and Child Care Framework, in addition to the principles set out in subsection (1).

Commitments re Official Languages Act

(3) Federal investments in respect of early learning and child care programs and services subject to an agreement entered into with a province must be guided by the commitments set out in the Official Languages Act, in addition to the principles set out in subsection (1).

Funding commitments

8 The Government of Canada commits to maintaining long-term funding for early learning and child care programs and services, including early learning and child care programs and services for Indigenous peoples. The funding must be provided primarily through agreements with the provincial governments, Indigenous governing bodies and other Indigenous entities that represent the interests of an Indigenous group and its members.

National Advisory Council on Early Learning and Child Care

Establishment

9 A Council is established, to be known as the National Advisory Council on Early Learning and Child Care, consisting of no fewer than 10 but no more than 18 members, including the Chairperson and the ex officio member.

Deputy Minister — ex officio member

10 (1) The Minister’s Deputy Minister is the ex officio member of the Council.

Alternate ex officio member

(2) The Deputy Minister may designate in writing an alternate to perform the Deputy Minister’s duties and functions in respect of the Council.

Appointment

11 (1) The members of the Council, other than the ex officio member, are to be appointed by the Governor in Council — on the recommendation of the Minister, having regard to the importance of having members who are representative of the diversity of Canadian society, including Indigenous peoples and official language minority communities — to hold office during pleasure for a term not exceeding three years and are eligible to be reappointed in the same or another capacity.

Full-time or part-time membership

(2) The Chairperson is to be appointed as a full-time member or a part-time member and the other members, other than the ex officio member, are to be appointed as part-time members.

Remuneration

12 (1) The members of the Council, other than the ex officio member, are to be paid, in connection with their work for the Council, the remuneration that may be fixed by the Governor in Council.

Travel and living expenses

(2) The members of the Council, other than the ex officio member, are entitled to be reimbursed for the travel, living and other expenses incurred, in connection with their work for the Council, while absent from their ordinary place of residence. However, if the Chairperson is a full-time member, they are entitled to be reimbursed for such expenses while absent from their ordinary place of work.

Deemed employment

(3) The members of the Council, other than the ex officio member, are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. The Chairperson is, if they are a full-time member, also deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

Role of Chairperson

13 (1) The Chairperson has supervision over and direction of the work of the Council.

Chairperson absent or unable to act

(2) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Minister may designate another member of the Council to act as Chairperson, but that member may act as Chairperson for a period of more than 90 days only with the approval of the Governor in Council.

Functions

14 The Council must

  • (a) provide advice to the Minister respecting early learning and child care, including with respect to programs and services, funding and activities that support early learning and child care;

  • (b) consult broadly with individuals and organizations that have an interest in early learning and child care, including parents, the early childhood education workforce, child care providers, advocates and policy and research specialists, on matters relating to the Canada-wide early learning and child care system; and

  • (c) undertake any other activity related to its functions under paragraph (a) or (b) that is specified by the Minister.

Sharing of information

14.‍1 The Minister may, on request of the Council, provide the Council with any information respecting the Canada-wide early learning and child care system that is related to the Council’s functions and that is in the Minister’s possession, if it is within the Minister’s authority to share the information.

Meetings

15 The Council must meet at least four times in each fiscal year unless the Minister specifies otherwise.

Annual Report

Report

16 (1) At the end of the fiscal year, the Minister must prepare a report that contains

  • (a) a summary of the information in the Minister’s possession and within the Minister’s authority to disclose relating to the federal investments made in respect of the Canada-wide early learning and child care system during the fiscal year;

  • (b) a summary of the progress being made respecting that system, including information relating to the quality, availability, affordability, accessibility, and inclusiveness of early learning and child care programs and services and to the access to those programs and services; and

  • (c) a summary of the advice provided by the Council under paragraph 14(a) and the work of the Council during the reporting period.

Tabling

(2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed.

Coming into Force

Order in council

17 Sections 9 to 15 come into force on a day to be fixed by order of the Governor in Council.

Published under authority of the Speaker of the House of Commons

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