Bill C-35

Photo by sebastiaan stam on Unsplash

In December, 2022, the federal government introduced Bill C-35, intended to enshrine the principles of a Canada-wide early learning and child care system into federal law.

The government announced that Bill C-35 “builds upon the vision and principles of the federal/provincial/territorial Multilateral Early Learning and Child Care Framework, as well as the Indigenous Early Learning and Child Care Framework that was co-developed and endorsed by Indigenous leadership and the Government of Canada” noting that “if passed, the bill would respect provincial and territorial jurisdiction and Indigenous rights, including the right of self-determination”.

The bill is designed to establish “a permanent, legislated commitment to federal funding for early learning and child care” requiring the federal government “to report to the public on federal investments and progress being made on the Canada-wide system”. It would also enshrine in law the National Advisory Council on Early Learning and Child Care, designed “to provide third-party expert advice to the Government of Canada and serve as a forum for engagement on issues and challenges facing the early learning and child care sector”.

The proposed Act “would fully respect 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.” According the Government of Canada backgrounder issued December 8, 2022, “the bill would complement, not replace, ongoing collaboration with and sustained long-term funding for provinces, territories, and Indigenous peoples”.

The government backgrounder notes:

·      The proposed Act would include a requirement that the Minister report to the public on an annual basis on federal investments and the progress being made under a Canada-wide system.

·      If passed, the bill would focus 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.

The government’s stated goal for a Canada-wide early learning and child care system “is for all families – no matter their socio-economic 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 community-based high-quality, affordable and inclusive learning and child care”.