Terms of Reference - National Advisory Council on Early Learning and Child Care

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Background

Budget 2021 committed to establishing a high-quality, affordable, flexible and inclusive Canada-wide Early Learning and Child Care (ELCC) system through a significant, long-term, sustained investment and in collaboration with partners and stakeholders, including the establishment of a National Advisory Council on ELCC (the Council). This commitment was reaffirmed in the Mandate Letter of the Minister of Families, Children and Social Development in December 2021.

Mandate

The mandate of the Council is to provide expert advice and to serve as a forum for consultation on issues and challenges facing the ELCC sector. The Council is not a decision-making body.

Scope of Work

In carrying out its mandate, the Council will:

  • provide non-binding third-party expert advice on ELCC to Employment and Social Development Canada (ESDC) in support of the Minister of Families, Children and Social Development;
  • facilitate information sharing with various groups and seek out the views of experts and stakeholders from across the ELCC sector;
  • develop reports, recommendations or other documentation related to the mandate of the Council; and
  • undertake any other activity specified by ESDC, in support of the Minister, that is consistent with the Council's advisory mandate.

The focus of the Council's work and advice will be on the areas directed by the Minister (e.g., during Council meetings, through tasking letters, etc.); however, the Council is encouraged to signal emerging issues to the Minister's office (via the Chairperson and the Federal Secretariat on ELCC) at any time.

In formulating their advice to the Minister, the Council has a mandate to undertake engagement with ELCC experts, including operators, early childhood educators and support staff as well as with underrepresented voices in the sector such as rural and remote communities, official languages minority communities, Indigenous partners, including First Nations, Métis and Inuit peoples, and other equity-seeking communities.

The Council will complement, and not replace, existing mechanisms for engagement on ELCC. Provincial, territorial, and Indigenous partners will continue to work with the Federal government bilaterally. National and Regional Early Learning and Child Care Partnership Tables and the National Aboriginal Head Start Council are the main forums the Government of Canada uses to support engagement, co-development and joint decision-making on Indigenous ELCC.

Duration

Under the purview of the Minister of Families, Children and Social Development, members may serve a three-year term effective the day of their selection. The Chairperson and general members will be eligible for re-selection for another three-year term. The selection will be part of an open, transparent, and merit-based selection process that strives to reflect Canada's geographic, cultural, and linguistic diversity.

Membership

Council members will include experts with knowledge and experience in ELCC from diverse backgrounds, including caregivers, practitioners, academics and advocates.

The Council will be reflective of Canada's diversity, including in terms of regional representation, gender, Indigenous Peoples, visible minorities, people living with disabilities and official language minority communities.

Membership on the Council is non-affiliated, meaning that members will not serve as representatives of the organizations with which they may work or the jurisdictions in which they may live, but rather from the perspective of their own unique experiences in the ELCC sector.

The Council will be composed of ten to 18 members. Council members will be selected for their expertise and leadership in their respective fields. The Council will be structured as follows:

  • 1 Chairperson selected on a full-time basis;
  • 1 ex officio general member serving in a non-voting capacity, who will be the Minister's deputy minister. The ex officio may designate in writing an alternate to perform their duties and functions in respect of the Council; and
  • 8 to 16 selected part-time general members.

Role of Chairperson

The Chairperson, who is selected by the Minister, has supervision over and provides direction to the work of the Council. If the office of the Chairperson is vacant, the Minister may designate another member of the Advisory Council to act as a Chairperson.

Specific accountabilities of the role of the Chairperson include but are not limited to:

  • Establishes the organizational culture, strategic direction and agenda of the Council and coordinates the members' activities to fulfill the Council's mandate;
  • Ensures that the advice and recommendations of the Council on issues affecting the ELCC sector, including those identified in the Minister's tasking letters, are effectively communicated to ESDC, in support of the Minister; and
  • Ensures the provision of Council engagement activities related to the Canada-wide ELCC System.

Frequency of Meetings

The full Council will meet a minimum of four times each fiscal year (in-person or virtual), or as ESDC, in consultation with the Minister, may specify. Working groups may be established and meet as required to achieve the mandate and deadlines set by the Council, under the leadership of the Chairperson.

Remuneration

The remuneration will be fixed by the Governor in Council, pursuant to the Department of Employment and Social Development Act. Council members must inform and discuss attendance at events or participation in other public engagement activities on behalf of the Council with (1) the Chairperson, who will review the request and ensure its alignment with the Council's mandate, and (2) the Council Secretariat, which manages Council expenditures to validate alignment with pre-approved workplans and budgets and ensure the effective, efficient and authorized use of public funds.

Compensation, Travel and Accommodation

Members of the Council would be entitled to be reimbursed for the domestic travel, living and other expenses incurred, in connection with their work for the Council, while absent from, in the case of the Chairperson, their ordinary place of work, and, in the case of part-time members, their ordinary place of residence.

Intellectual Property, Confidentiality and Conflict of Interest

All intellectual property rights in any document or written advice produced by member(s) shall be and remain the property of the King, His Majesty in Right of Canada, as soon as they come into existence.

Council members are responsible for maintaining the confidentiality of all proprietary, confidential or privileged information that they are provided. Council members are also subject to the terms and conditions of their Letters of Agreement, Affiliations and Interests Declarations and Non-Disclosure Agreements.

Values and Ethics

Council members will uphold the highest standards of probity and demonstrate behaviors that afford respect, equality and dignity, to everyone they interact with as part of their role as a member of the Council, at all times. Council members are expected to conduct themselves in accordance with five core values — respect of democracy, respect of people, integrity, stewardship, and excellence — and to take steps to integrate these values into their decisions, actions, processes, and systems.

Secretariat

The Council will be supported by the Federal Secretariat on ELCC housed at ESDC. The Secretariat will provide the necessary support to the Council to carry out its mandate, including policy, financial, administrative, and logistical support.

Review of Terms of Reference

The Council will review its Terms of Reference every three years, at the time of change of Council Chairperson or earlier if requested by Council members. The Terms of Reference will be reviewed in tandem with the Federal Secretariat on ELCC to ensure alignment with strategic Ministerial direction and Government of Canada and departmental policies.

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