Quebec – Implementation agreement 2020-2021 of the March 10, 2017, Asymmetrical Agreement – Early Learning and Child Care component

On this page

• Preamble
• Definition
• Period of agreement
• Contribution
• Payment of the contribution
• Use of contribution funding
• Reports
• Dispute resolution
• Amendments to the agreement
• General
• Notice
• Appendix 1 – Examples of direct services to families
• Appendix 2 - Estimate of amounts transferred to Quebec 2017–2028

Preamble

Whereas the Department of Employment and Social Development Act authorizes agreements with the provinces and territories, for the purpose of facilitating the formulation, coordination and implementation of any social development program or policy.

Whereas the Government of Canada has established an early learning and child care framework with the provinces and territories, with the exception of Quebec.

Whereas the field of early learning and child care is under the exclusive jurisdiction of Quebec and Canada recognizes that the allocation of its funding must respect and be in keeping with this exclusive jurisdiction.

Whereas under the asymmetrical agreement between Canada and Quebec on health care funding of March 10, 2017, Quebec expects to receive approximately $1.2 billion for the 2017–2018 and 2027–2028 period. This amount, which will vary according to population projections, will come from the social infrastructure child care component under the Federal Infrastructure Plan, and Quebec would use this amount to fund its priorities with respect to direct services to families.

Whereas on March 29, 2018, Canada and Quebec signed the Implementation Agreement of the March 10, 2017, Asymmetrical Agreement – Early Learning and Child Care Component, which ended on March 31, 2020.

Whereas the March 10, 2017, Asymmetrical Agreement provides for federal funding until 2027–2028, and that, in order to allow Quebec to receive the funding planned for 2020–2021, the Parties must renew the Asymmetrical Agreement.

Whereas Canada is committed to renewing the Agreement with Quebec until 2027–2028, with terms similar to the current Asymmetrical Agreement, if Quebec's funding and child care services are minimally maintained at the 2020-2021 levels.

Whereas Quebec expects that the funds for the initiative to develop innovative early learning and child care projects under the Social Development Partnerships Program – Children and Families, or any other funds relating to early child care, will be included in the next Asymmetrical Agreement.

Whereas Canada is committed to discuss in a spirit of cooperation with Quebec the initiative to develop innovative early learning and child care projects.

Whereas Quebec has its own network of educational child care services since 1997, which has been fully funded, and will continue to provide early childhood services to its population including the English speaking community.

Whereas in November 2017, the Quebec government created the Secretariat for relations with English-speaking Quebecers whose mandate is to ensure that the concerns of English-speaking Quebecers are taken into consideration in the development of government policy direction and decisions, and in matters of access to government programs and their application.

Whereas Canada, the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council jointly released the Indigenous Early Learning and Child Care Framework in September 2018. This framework establishes key principles and sets a vision for Indigenous children and families.

Whereas Quebec's child care program is available on Indigenous reserves.

Now therefore, Canada and Quebec agree as follows.

1. Definition

The following expression used in this Agreement will have the scope defined below:

• "Agreement" means the Implementation Agreement 2020-2021 of the March 10, 2017, Asymmetrical Agreement – Early Learning and Child Care Component.
• "Fiscal year" means the period commencing on April 1 of any calendar year and terminating on March 31 of the immediately following calendar year.

2. Period of agreement

The Agreement will take effect upon the last signature being affixed and will remain in effect until March 31, 2021.

The Parties agree that for the period subsequent to that covered by this Agreement, the Agreement will be renewed under similar conditions and with the same funding formula until 2027–2028 if the Quebec's funding and child care services are minimally maintained at the 2020–2021 levels.

The proposed funding for the period subsequent to this Agreement and until 2027–2028 is presented in Annex 2.

3. Contribution

Canada has designated the following maximum amounts to be transferred in total to all provinces and territories under this initiative with a fixed base rate of $2 million per year for each province and territory and the balance of the funding on a per capita basis for the period starting on April 1, 2020, and ending on March 31, 2021:

1. $399,347,694 for the fiscal year beginning on April 1, 2020

The final annual amount to be paid to Quebec will be calculated by multiplying the total amount of federal funding paid for that fiscal year as listed above (minus the fixed base rate of $2 million for each province and territory) by the quotient obtained by dividing the population of Quebec during that fiscal year by the total population of all the provinces and territories during that fiscal year, to which the fixed base rate of $2 million will be added. For the purposes of this calculation, the population for a fiscal year will be determined on the basis of official estimates produced by Statistics Canada on July 1 of that fiscal year, which are published in September of the same fiscal year. The final annual amount will be determined by Canada and communicated to Quebec on or about October 15 of each fiscal year.

For the 2021–2022 and 2027–2028 period, the funding will be available using the same calculation method, and the estimated annual amounts are presented in Annex 2.

4. Payment of the contribution

Subject to the annual adjustment based on the formula described in Section 3, the estimated amount of the contribution to be paid by Canada to Quebec will be:

• ^aAmount represents annual estimates based on Statistics Canada population estimates

The first payment will be made no later than June 15 of the fiscal year covered by the Agreement, and the second payment will be made no later than November 15 of the same fiscal year. The total of the two semi-annual payments will constitute the total contribution payment for that fiscal year and may not be adjusted once the final payment for the fiscal year has been made.

All payments made by Canada under this Agreement are subject to an annual appropriation by the Parliament of Canada for the fiscal year during which the payment must be made.

Quebec shall reimburse Canada for any amounts paid that exceed the amount to which it is entitled under this Agreement. Such a debt is a debt due to Canada and must be repaid quickly after the receipt of a written notice of a claim for repayment.

5. Use of contribution funding

As Quebec has been funding its own network of educational child care services since 1997, Quebec will use the contributions paid under this Agreement to fund additional direct services for families, including those provided as examples by Quebec in Annex 1.

6. Reports

Quebec will provide Canada with public reports consistent with Quebec's accounting practices, in particular those about its educational child care system and offered to non-governmental organizations and the public. These reports include objectives and indicators produced by Quebec and are associated with Quebec's educational child care system. Quebec agrees to let Canada distribute them and make them available to other provincial and territorial governments.

For a number of years, Quebec has been sharing its information, expertise and best practices with respect to early childhood development, including early learning and child care, with other governments in Canada and it intends to continue this practice, which will contribute to the development of comparable indicators.

7. Dispute resolution

Canada and Quebec are committed to working together and avoiding disputes through government-to-government information exchange, advance notice, early consultation, and discussion, clarification and resolution of issues as they arise.

Should a dispute between the Parties arise with respect to the interpretation and/or implementation of any of the terms of this Agreement, either Party may notify the other, in writing, of its concerns. Upon receipt of such notice, Canada and Quebec will endeavour to resolve the issue in dispute in a manner that is deemed appropriate by the designated officials.

In the event a dispute cannot be resolved by the designated officials, the issue may be referred, in the first instance, to the federal Deputy Minister of Employment and Social Development and the Quebec Deputy Minister of Families and, in the second instance, to the federal Minister of Families, Children and Social Development and the Quebec Minister of Families.

8. Amendments to the agreement

This Agreement may be amended at any time if the Parties mutually agree to do so in writing. Any amendments will enter into effect on the date agreed by the Parties. Neither Canada nor Quebec may terminate this Agreement unless it is demonstrated that the Agreement is not being honoured by the other Party. That Party must provide the other Party with at least 12 months' written notice of its intention to terminate the Agreement.

9. General

This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter of this Agreement.

This Agreement shall be interpreted in accordance with the laws in force in Quebec.

Canada will make public the entire Agreement by posting it on the Government of Canada website.

No member of the House of Commons or the Senate of Canada or of the National Assembly of Quebec shall be admitted to any share or part of any contract, agreement or commission made pursuant to this Agreement, or to any benefit arising therefrom.

If for any reason a provision of this Agreement that is not a fundamental term is found to be invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other provisions of this Agreement will continue to be valid and enforceable.

10. Notice

Any notice, information or document provided for under this Agreement will be effectively given if delivered or sent by letter, postage or other charges prepaid.

Any notice that is delivered, will be deemed to have been received on delivery and, except in periods of postal disruption, any notice mailed will be deemed to have been received eight calendar days after being mailed.

The address for notice or communication to Canada shall be:

Social Policy Directorate
140 Promenade du Portage
Gatineau QC K1A 0J9

The address for notice or communication to Quebec shall be:

Secrétaire général
Ministère de la Famille
425 Jacques Parizeau St.
Québec QC  G1R 4Z1

Appendix 1 – Examples of direct services to families

Creation of subsidized child care spaces

As of December 31, 2019, Quebec had a network offering 305,884 recognized child care spaces, 235,535 of which are subsidized. An additional 15,340 spaces have been announced, but not created.

• Quebec will speed up the creation of these 15,340 spaces. Quebec also announced in the 2020–2021 budget that 6,000 subsidized child care spaces will be added to those already planned so that more families can have access to a reduced-contribution space at a fixed fee of $8.35 per day in 2020. To this end, $339.3 million over five years has been allocated
• Of these 6,000 subsidized child care spaces:
  • 2,500 will come from the creation of new spaces
  • 3,500 will come from the conversion of non-subsidized child care spaces into subsidized child care spaces, of which:
  • 1,750 spaces will be converted in 2020–2021, and
  • 1,750 spaces will be converted in 2021–2022

Child development support

Quebec also announced in the 2020–2021 budget that it is planning $90 million in funding by 2024–2025 to support childhood development, particularly for children with vulnerabilities. These amounts are allocated as follows:

• $50 million to support community organizations that work with families; and
• $40 million for the government approach Agir tôt et de manière concertée [Act early and work together]

Appendix 2: Estimate of amounts transferred to Quebec 2017–2028^b

• ^b Funding beyond this Agreement will be confirmed during the renewal of the bilateral Agreements.
• ^c The amounts indicated are indicative only for 2020–2021 and 2027–2028 and based on Statistics Canada's July 2019 population projections.