Backgrounder: An Act respecting early learning and child care in Canada 

Bill C-35, An Act respecting early learning and child care in Canada, was introduced in the House of Commons on December 8, 2022.

The Act:

• reinforces the Government’s long-term commitment to early learning and child care by articulating the federal goal, vision, and principles for a Canada-wide system;
• enshrines the Government of Canada’s commitment to sustained and ongoing funding for partners;
• enhances accountability through reporting to Parliament on progress towards an early learning and child care system; and
• establishes in law the National Advisory Council on Early Learning and Child Care, which provides advice to the Government of Canada and serves as a forum for engagement on issues and challenges facing the early learning and child care sector.

Relationships with provinces, territories and Indigenous people
The Act fully respects provincial and territorial jurisdiction, and Indigenous rights, including the right to self-determination, while recognizing that the federal government has a role to play in setting guiding federal principles and in providing financial support. The Act does not impose any conditions or requirements upon provincial and territorial governments, or Indigenous peoples. That said, provinces, territories, and Indigenous organizations and governing bodies benefit from the greater predictability and assurance of a federal commitment to early learning and child care

The legislation complements, and does not replace, ongoing collaboration with and sustained long-term funding for provinces, territories, and Indigenous peoples, building on the federal-provincial-territorial Multilateral Early Learning and Child Care Framework, the co-developed Indigenous Early Learning and Child Care Framework, and associated agreements. It demonstrates a commitment to ongoing federal support with respect to achieving the vision of a Canada-wide early learning and child care system.

Enhancing accountability and transparency
The Act includes a requirement that the Minister report to Parliament on an annual basis on federal investments and the progress being made under a Canada-wide system. Significant funding is being invested to build a Canada-wide early learning and child care system and it is important to ensure that provinces, territories, and Indigenous peoples, and families across Canada have transparent and timely access to the information they need to assess and understand the progress being made toward creating and maintaining a Canada-wide early learning and child care system.

Further, the legislation focuses on federal commitments and accountability. Reporting requirements on provinces, territories and Indigenous peoples would continue to be collaboratively negotiated and articulated within the bilateral agreements with provinces and territories and within funding agreements with Indigenous partners.

Federal vision for a Canada-wide system
Through the 2020 Fall Economic Statement and Budget 2021, the Government has made significant investments to help build a Canada-wide early learning and child care system: more than $30 billion over five years when Indigenous early learning and child care is included. The Act reinforces the Government of Canada’s intentions by committing to maintain sustained, long-term federal funding for early learning and child care in law, helping to ensure stability for the Canada-wide vision. 

The federal goal for a Canada-wide early learning and child care system is for families - no matter their socioeconomic standing or racial identity, whether their child has a disability or needs enhanced or individual support, or where they live in Canada – to have access to  high-quality, affordable and inclusive early learning and child care.