SOCI committee briefing binder: Appearance by the Minister of Families, Children and Social Development - October 18, 2023

Official title: Appearance by the Minister of Families, Children and Social Development - Standing Senate Committee on Social Affairs, Science and Technology (SOCI) Bill C-35, An Act Respecting the Early Learning and Childcare in Canada. Date: October 18, 2023

On this page

• 1. Opening Remarks
• 2. Parliamentary environment and legislation
  • 2.a. Scenario note
  • 2.b. Members Biographies
  • 2.c. Bill C-35
  • 2.d. Canada Early Learning and Child Care Act – Clause-by-clause
  • 2.e. Bill C-35: Canada Early Learning and Child Care Act: Questions and answers
• 3. Backgrounder
  • 3.a. State of play of Agreements
  • 3.b. Bill C-35 – Backgrounder
  • 3.c. Indigenous Early Learning and Child Care Framework
• 4. Access
  • 4.a. Spaces created under ELCC
  • 4.b. Early Learning and Child Care Spaces Created for Indigenous Children
  • 4.c. Inclusive access
  • 4.d. ELCC Infrastructure
  • 4.e. Status of ELCC fee reductions
• 5. Workforce and labour shortages
  • 5.a. Early Childhood Education Workforce, Wages and Benefits
  • 5.b. Impact of inflation and the Canada-wide ELCC system
• 6. National Advisory Council on Early Learning and Child Care

1. Opening Remarks

Speaking Points for the Honourable Jenna Sudds, Minister of Families, Children and Social Development, for an Appearance before the Standing Senate Committee on Social Affairs, Science and Technology (SOCI) studying Bill C-35 (An Act respecting early learning and child care in Canada) Ottawa October 18, 2023

Check against delivery

Ms. Chair, Committee members,

Thank you for inviting me to speak to Bill C-35, “An Act Respecting Early Learning and Child Care in Canada,” as Minister of Families, Children and Social Development.

I am pleased to be accompanied today by [add names and titles]. 

All children deserve the best possible start in life, and all Canadians should have the opportunity to build both a career and a family.

That is why as part of Budget 2021, the Government of Canada made a transformative investment—up to $30 billion over 5 years to build a Canada-wide early learning and child care system with provincial, territorial and Indigenous partners.

Since that announcement, we have signed agreements with each province and territory- including an asymmetrical agreement with Quebec to help reduce fees everywhere, support the creation of high-quality child care spaces, and help ensure that Early Childhood Educators are better supported.

The Canada-wide system is already benefitting tens of thousands of families. Fees have been dramatically reduced and our plan to create 250,000 new child care spaces across the country will get affordable child care to where it’s needed most.

We have put Bill C-35 forward to help ensure that future generations of families across Canada can continue to benefit from this system.

I welcome the opportunity to speak with you, and help you in your study of this important piece of legislation.

Bill C-35 incorporates feedback that we received from our partners and stakeholders. It is driven by shared interest, close partnerships, and collaboration.

This proposed legislation respects provincial and territorial jurisdiction, and the vision and principles of both the 2017 Multilateral Early Learning and Child Care Framework developed with provinces and territories, as well as the Indigenous Early Learning and Child Care Framework that was co-developed with Indigenous partners.

With Bill C-35, provincial, territorial, and Indigenous partners would benefit from the assurance of a sustained federal commitment to early learning and child care, including a commitment to long-term funding.

By enshrining our shared principles and vision into federal law, we would be building stability and predictability into the child care system.

Shared principles such as cultural inclusivity and access for all communities.

An important question Senators asked was how the legislation would support a more inclusive child care system, and if all signed agreements include specific language clauses to protect the rights of official language minority communities.

No matter their socio‑economic standing or racial identity, no matter whether their child has a disability or needs enhanced or individualized support, and no matter where they live in Canada, families will benefit.

The Government of Canada understands child care has a profound influence on children's overall development, including their language skills and identity.

I saw this for myself last week when I visited La Pommeraie Child Care Centre in London.

That’s why Canada-wide Early Learning and Child Care Agreements feature clauses to support the inclusion of underserved communities such as official language minority communities. The Bill was also amended at HUMA to add similar language.

By enshrining our shared principles and vision into federal law, we will be building stability and predictability into the child care system; we will help ensure future generations of families across Canada continue benefitting from this system for generations to come.

Thank you, Ms. Chair. I will be pleased to now answer any questions you may have. 

-30-

2. Parliamentary environment and legislation

2.a. Scenario note

Overview

The Senate Standing Committee on Social Affairs, Science and Technology (SOCI) has invited you, accompanied by officials, to appear to launch their study on Bill C-35, Canada Early Learning and Child Care Act.

Committee proceedings

The appearance is scheduled for Wednesday, October 18, 2023, from 4:15 pm to 5:15 pm.

You will have up to 5 minutes to deliver your opening remarks.

The following ESDC officials will be on the panel with you:

• Andrew Brown, Associate Deputy Minister of Employment and Social Development
• Michelle Lattimore, Director General, Federal Secretariat on Early Learning and Child Care
• Cheri Reddin, Director General, Indigenous Early Learning and Child Care

The Chair of the Committee, Senator Ratna Omidvar (ISG – Ontario), will preside over the meeting. Unlike Committees of the House of Commons, Senate Committees do not have pre-established rounds of questioning nor a limit on the number of minutes for each intervention, rather 5 minutes per Senator is to be expected. At SOCI, the Chair will generally turn to the Deputy Chair, Jane Cordy (PSG – Nova Scotia), for the first question. Subsequently, Senators will be recognized by the Chair if they have indicated they have questions. The Chair may also use her privilege to ask questions at any time.

The Senate sponsor of the Bill, Senator Rosemary Moodie (ISG – Ontario), will likely be present for the study, as will Senator Yonah Martin (C – British Columbia), the Official Opposition critic. Senator Lucie Moncion (ISG – Ontario) may also be present at the meeting.

Committee members have been provided a bill kit, which contains the Bill and the Clause by Clause document, as amended by HUMA in May, 2023.

Parliamentary environment

Senators began second reading debate on September 19, and was debated over 4 sittings. The main points of criticism were favouring the not-for-profit sector (Senator Martin) and ensuring minority language rights in communities (Senator Moncion).

2.b. Members Biographies

Ratna Omidvar – Chair, Independent Senators Group - Province: Ontario (Ontario)

Donna Dasko, Independent Senators Group - Province: Ontario (Ontario)

Stan Kutcher, Independent Senators Group - Province: Nova Scotia (Nova Scotia)

Marie-Françoise Mégie, Independent Senators Group - Province: Quebec (Rougemont)

Rosemary Moodie, Independent Senators Group = Province: Ontario (Ontario)

Chantal Petitclerc, Independent Senators Group - Province: Quebec (Grandville)

Jane Cordy – Deputy Chair, Progressive Senate Group -Province: Nova Scotia (Nova Scotia)

Wanda Thomas Bernard, Progressive Senate Group - Province: Nova Scotia (East Preston)

Sharon Burey, Canadian Senators Group - Province: Ontario (Ontario)

F. Gigi Osler, Canadian Senators Group - Province: Manitoba (Manitoba)

Judith G. Seidman, Conservative Party of Canada - Province: Quebec (De la Durantaye)

Marilou McPhedran, Non-affiliated - Province: Manitoba (Manitoba)

2.c. Bill C-35

Bill C-35, An Act Respecting the Early Learning and Childcare in Canada [PDF – 183 KB]

2.d. Canada Early Learning and Child Care Act – Clause-by-clause

Preamble

Description

The preamble sets out a federal commitment to support the establishment and maintenance of a Canada-wide early learning and child care system and acknowledges the importance of access to affordable, inclusive and high‑quality early learning and child care for child development and well-being; gender equality, women’s rights and economic participation and prosperity; and the country’s social infrastructure and economy. It recognizes the role of provinces (which, per the federal Interpretations Act, is inclusive of the territories) and Indigenous peoples and establishes a commitment to continued cooperation, collaboration and partnership in their provision of early learning and child care programs and services. It notes the Canada‑wide system would support the United Nations Sustainable Development Goals, and contribute to meeting Canada’s international human rights commitments (specifically identifying the most directly relevant international human rights instruments that Canada has endorsed such as the United Declaration on the Rights of Indigenous Peoples). It recognizes the importance of continuing to support implementation of the Multilateral Early Learning and Child Care Framework that was developed with provinces and territories, and the Indigenous Early Learning and Child Care Framework which was co‑developed with Indigenous peoples and endorsed by the Government of Canada and the Assembly of First Nations, Inuit Tapiriit Kanatami, and Métis National Council. It affirms that the legislation would respect Indigenous rights, and that it and the Canada‑wide system would support Canada’s commitment to advancing reconciliation, and respond to the Truth and Reconciliation Commission Calls to Action related to early learning and child care. Finally, the preamble recognizes the importance of engaging with civil society, including parents and stakeholders, on a Canada‑wide system of early learning and child care.

Rationale

The primary purpose of a preamble is to recite the circumstances giving rise to a bill. It can also help to explain the purpose and objectives of the legislation and, to that end, is an aspirational statement that often provides important background and contextual information needed for a clear understanding of the bill or to explain matters that support its constitutionality (e.g., the multi‑jurisdictional nature of a Canada‑wide system of early learning and child care). While a preamble itself is not legally enforceable, it can have a significant impact on how courts interpret the justiciable sections of the legislation.

Clause 1: Short title

Description: Clause 1

This clause specifies that the legislation may be cited as the Canada Early Learning and Child Care Act.

Rationale: Clause 1

A short title is for convenience and ease of reference to identify the Act once adopted by Parliament. It should succinctly indicate the Act’s subject matter, and may be used to identify an Act when discussing it or referring to it in other legislation.

Clause 2: Definitions

Description: Clause 2

This clause specifies the definitions that will apply in the Act. The definitions in the Canada Early Learning and Child Care Act are: Indigenous governing bodies; Indigenous peoples; and, Minister.

Rationale: Clause 2

Definitions are used to compel the reader to interpret in a particular way certain terms or expressions that occur within the Act. Not intended to reproduce dictionary definitions of commonly used terms, definitions in an Act can be used to reduce ambiguity or vagueness by specifying which one of several usual meanings a word or expression is to have.

Clause 3: Rights of Indigenous peoples

Description: Clause 3

This clause specifies that application of the Canada Early Learning and Child Care Act will uphold the rights of Indigenous peoples.

Rationale: Clause 3

Many Acts contain a non-derogation clause that emphasizes the Government’s commitment to respecting Indigenous rights. The provision in the Canada Early Learning and Child Care Act indicates the legislation will uphold Indigenous rights as recognized and affirmed by section 35 of the Constitution Act, 1982, including the right to self‑determination, and not detract from Indigenous rights to self‑government. Its wording is consistent with the non‑derogation clause in other recently enacted federal law such as An Act respecting First Nations, Inuit and Métis children, youth and families, and The United Nations Declaration on the Rights of Indigenous Peoples Act.

Clause 4: Designation of Minister

Description: Clause 4

This clause specifies that the Governor in Council may designate a member of the King’s Privy Council for Canada to be the Minister responsible for the Canada Early Learning and Child Care Act.

Rationale: Clause 4

It is customary for an Act of Parliament to set out how a Minister is designated as the Minister responsible for the administration of the legislation.

Clause 5: Purpose

Description: Clause 5

This clause specifies that the purpose of this Act is to set out the federal vision for a Canada‑wide early learning and child care system, commit to long-term federal funding for provinces, territories, and Indigenous peoples, and set out and describe the principles that will guide federal investments. Further, it specifies that its purpose is to create a statutory advisory body on early learning and child care, further the progressive realization of children’s rights, and contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Rationale: Clause 5

A purpose clause in an Act typically indicates what the intended results of the legislation are, and should highlight its principal purposes. The purpose of the Canada Early Learning and Child Care Act is to entrench the federal role and long-term commitments in creating and maintaining a Canada‑wide system of early learning and child care in a manner that recognizes and respects the role of provinces, territories, and Indigenous peoples in this area.

Clause 6: Declaration

Description: Clause 6

This clause declares that it is the Government of Canada’s goal to support the establishment and maintenance of a Canada‑wide system of early learning and child care, and sets out the federal vision for that system. It acknowledges the importance of early learning and child care in child development, gender equality and economic growth. The Declaration also affirms the importance of working in partnership with the provinces, territories and Indigenous peoples and supporting them in providing early learning and child care programs and services. Further, it declares that First Nations, Inuit and Métis children and families are best supported by culturally appropriate early learning and child care led by Indigenous peoples – and an amendment adopted by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities added: “that respect the right of Indigenous peoples to free, prior and informed consent in matters relating to children”.

Rationale: Clause 6

A Declaration section can add substance to a bill and clarity and validity to a position (e.g., goal, policy statement, vision) on a topic by enshrining one or more statements of fact into law. A Declaration was included in this bill to articulate and further explain the Government of Canada’s purpose, goals and objectives for a Canada‑wide early learning and child care system. Including a Declaration is consistent with other recent federal legislation, such as the National Housing Strategy Act, which includes a Declaration outlining the Government of Canada’s policy on housing. The amendment adopted by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, which added that First Nations, Inuit and Métis children and families are best supported by early learning and child care programs and services “that respect the right of Indigenous peoples to free, prior and informed consent”, was explained by the mover, MP Leah Gazan, as affirming that Indigenous peoples should be consulted on matters affecting their children in a manner free of coercion, prior to any decision being made, and knowing what the decision is about.

Clause 7 (1): Guiding principles

Description: Clause 7 (1)

This clause articulates the 4 federal principles that will guide how federal investments are directed for early learning and child care across Canada, including federal efforts in the development of agreements with provinces, territories and Indigenous peoples. The principles of access, affordability, inclusivity and high-quality are set out and described in the sub-sections of the clause. In support of access to early learning and child care, the bill specifies that federal investments are to be directed towards early learning and child care programs and services that are reflective of evidence-based best practices and meet the standards set by provinces, territories and Indigenous governing bodies, in particular those provided on a public and not‑for‑profit basis, and also that meet the needs of families and children. Federal investments must also support early learning and child care programs and services that are affordable, so that families of all income levels, including low incomes, can benefit from them. The principle of inclusivity outlines that the programs and services supported, including in rural and remote communities, respect and value diversity and respond to the needs of diverse populations, including children from systematically marginalized groups, such as children with disabilities, and of children from English and French linguistic minority communities. Finally, the principle of high-quality details that federal investments are to be directed towards early learning and child care programs and services that foster child development, including the recruitment and retention of qualified and well‑supported workforce.

Rationale: Clause 7 (1)

This section identifies and describes the federal principles that underpin the Government’s vision for a Canada‑wide system of early learning and child care. It provides broad guidance to the Government of Canada for where federal investments must be directed now and into the future in order to continue to build and maintain a Canada-wide system, while continuing to allow for flexibility of application in each individual agreement. The principles as described are consistent with the Canada-wide early learning and child care bilateral agreements with provinces and territories and support the Multilateral Early Learning and Child Care Framework that was developed with provinces and territories.

The principle of access speaks to the federal goal that early learning and child care be broadly available to families in a way that meets their needs, including flexible, non-traditional hours and regardless of where they live. Affordability supports the goal that families would no longer be burdened by high child care costs which is reflected in the current agreements as a commitment to achieving an average cost of $10/day for regulated child care by the end of March, 2026. Inclusivity means that early learning and child care programs and services need to respect and value diversity, and respond to the varying needs of children and families. Finally, the principle of high-quality speaks to the importance of a qualified and well‑supported early childhood education workforce, and that early learning and child care plays an important role in promoting the social, emotional, physical, and cognitive development of children.

Clause 7 (2): Other guiding principles – Indigenous peoples

Description: Clause 7 (2)

This clause specifies that, in addition to the 4 federal principles, the principles set out in the co-developed Indigenous Early Learning and Child Care Framework must guide federal investments in respect of early learning and child care for Indigenous peoples, including efforts to enter into related agreements with Indigenous peoples.

Rationale: Clause 7 (2)

This paragraph clarifies that, in addition to the 4 federal principles set out in clause 7 (1), the Government’s activities concerning early learning and child care that relate to Indigenous peoples will be guided by the principles in the Indigenous Early Learning and Child Care Framework that was co‑developed with Indigenous peoples and endorsed by the Government of Canada and the Assembly of First Nations, Inuit Tapiriit Kanatami, and Métis National Council in 2018. This applies to Canada’s overall position and decisions on funding for the Canada‑wide system, ongoing collaboration and cooperation with Indigenous partners, and decisions on early learning and child care funding for Indigenous peoples (including related agreements for Indigenous early learning and child care).

Clause 7 (3): Commitments re Official Languages Act

Description: Clause 7(3)

This clause, which was included as an amendment adopted by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, specifies that federal investments, including agreements entered into with provinces, in respect of early learning and child care must be guided by the commitments set out in the Official Languages Act.

Rationale: Clause 7(3)

This paragraph was explained by the mover, MP Joël Godin as a means to clarify that, in addition to the 4 federal principles set out in clause 7 (1), the Government of Canada’s activities concerning early learning and child care must adhere to any requirements associated with application of the Official Languages Act. This applies to Canada’s overall position and decisions on funding for the Canada‑wide system, ongoing collaboration and cooperation with partners, and related agreements with provinces and territories for early learning and child care.

Clause 8: Funding commitments

Description: Clause 8

This clause specifies that the Government of Canada will provide long-term funding for early learning and child care, including funding for Indigenous early learning and child care, and that this funding will be provided primarily through agreements with provinces, territories, and Indigenous partners.

Rationale: Clause 8

This provision commits the Government to long-term funding for provinces, territories, and Indigenous partners to support a Canada‑wide early learning and child care system by continuing an agreement-based approach. The wording also allows for some funding in support of early learning and child care (e.g., project‑based funding for data and research) to be provided separately from the agreements, as is currently the case.

National Advisory Council on Early Learning and Child Care - Clause 9: Establishment

Description: Clause 9

This clause specifies that the National Advisory Council on Early Learning and Child Care, consisting of 10 to 18 members, including a Chairperson and an ex-officio member will be established.

Rationale: Clause 9

This paragraph outlines the title and composition of the Council. The intention is that the proposed legislation, if passed, would convert the existing National Advisory Council on Early Learning and Child Care to a statutory body, to better assure its longevity and autonomy.

Clause10 (1): Deputy Minister — ex officio member

Description: Clause 10 (1)

This clause specifies that the Deputy Minister of the Minister responsible for the Act is the ex officio member of the Council.

Rationale: Clause 10 (1)

Given the magnitude of federal investments in early learning and child care, and the importance of the Canada‑wide initiative, having the Deputy Minister sit as an ex officio member of the Council is important for providing departmental guidance and for ensuring the Council has access to the expertise and knowledge of the Deputy. In their capacity as the ex officio Council member, the Deputy Minister serves as a general member in a non-voting capacity. In this role, the Deputy Minister will help to ensure that the department’s perspective is reflected in Council discussions without compromising the independent relationship that is intended for the Council and department nor the advice that the Council may provide to the Minister. Having the Deputy Minister as an ex officio member is consistent with other federal Acts, such as the National Housing Strategy Act that enshrined a Council whereon 2 respective Deputy Ministers sit as ex officio members, and the Poverty Reduction Act that has a legislated Council with the Deputy Minister as an ex officio member.

Clause 10 (2): Alternate ex officio member

Description: Clause 10 (2)

This clause specifies that the Deputy Minister ex officio member of the Council may designate, in writing, an alternate to perform their duties and functions in respect of the Council.

Rationale: Clause 10 (2)

Given it may not be feasible for the Deputy Minister to take on all of the duties related to the ex officio role, this provision provides flexibility to help ensure that the activities, duties and functions of the ex officio member will be carried out by a designated official of the department at a senior ranking level should the Deputy choose to delegate this.

Clause 11 (1): Appointment

Description: Clause 11 (1)

This clause specifies that with the exception of the ex officio member, the other members of the Council will be appointed by the Governor in Council on the recommendation of the Minister, having regard for representation of the diversity of Canadian society – including Indigenous peoples and official language minority communities – for a term of up to 3 years and will be eligible for reappointment on the expiry of their terms. The clause also specifies that member appointments can be terminated at the discretion of the Governor in Council.

Rationale: Clause 11(1)

The intent of this provision is to clearly outline the role of the Governor in Council and Minister in appointing members as part of an open, transparent and merit-based process. It also establishes the tenure and status of the members. The intent of including the role of the Minister is to help demonstrate their leadership and accountability regarding appointment of the Council. Having the Council be appointed by the Governor in Council ensures that any future appointees are reviewed by Cabinet; this would be consistent with the vision that the Council appointees’ work in support of early learning and child care will touch on the mandates and priorities of several Ministers. While the Governor in Council-appointed Council could in principle have the same mandate as the existing Minister-appointed Council, it would, as a statutory body, foster stability and support the Government of Canada’s long-term commitment to investing in a sustainable Canada-wide early learning and child care system for today's children as well as the future generations who will inherit it. The rationale for Council appointments having regard for representation of the diversity of Canadian society is to underline the importance of having a Council that will reflect Canada’s geographic, cultural, linguistic, and socio-economic diversity and include experts from across the early learning and child care sector – with recognition that composition of the Council will change over time.

Clause 11 (2): Full-time or part-time membership

Description: Clause 11(2)

This clause specifies that the Chairperson is to be appointed as a full-time or part-time member and the other members, with the exception of the ex officio member, as part-time members.

Rationale: Clause 11(2)

This paragraph represents the intent that the chairperson be a full‑time member, as is the case with the existing Council. The language provides flexibility that would be required for an existing member of the Council to temporarily replace the full‑time chair (in a part-time capacity), should the full‑time chair be away or unable to serve. Further, this flexibility would allow the Council to reconsider the requirement for a full‑time chairperson role as needed (e.g., should the early learning and child care landscape shift or Council mandate change, it could adopt a part‑time chairperson model).

Clause 12(1): Remuneration

Description: Clause 12 (1)

This clause specifies that, except for the ex officio member, the members of the Council are to be paid the remuneration that may be fixed by the Governor in Council for the work they perform for the Council.

Rationale: Clause 12 (1)

The purpose of this provision is to provide for remuneration for work in relation to Council members duties performed under this Act, with the exception of the ex officio member. As is standard practice for GIC appointments, this is to ensure fair compensation for the member’s expertise and time outside of their regular occupations. Part-time Council members are expected to be available for approximately 15-20 days of remunerated work per year.

Clause 12 (2): Travel and living expenses

Description: Clause 12 (2)

This clause specifies that members of the Council, other than the ex officio member, are to be reimbursed for the travel, living and other expenses incurred in relation to the work performed for the Council while away from their ordinary place of residence, or in the case of a full‑time Chairperson, while they are away from their ordinary place of work.

Rationale: Clause 12 (2)

This provision is a standard, administrative clause typically included in legislated advisory bodies to fairly compensate members for operational costs incurred as part of their work on the Council. Travel expenses would be reimbursed in accordance with the rates specified in the National Joint Council Travel Directive, which applies to all non-public servants travelling on government business.

Clause 12 (3): Deemed employment

Description: Clause 12 (3)

This clause specifies that the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act (Regulations establishing compensation payable for death or injury) will apply to all members of the Council, and that the Public Service Superannuation Act will apply to full-time members of the Council.

Rationale: Clause 12 (3)

This provision is to ensure that a full‑time chairperson, who has terminated or taken a leave of absence from their current employment to take on the role, is eligible to have access to pension. Further, it provides legislative protection for Council members to access benefits encompassed in the Aeronautics Act (e.g., in the event of injury or death while on travel status for, or while performing Council business). It is a standard, administrative clause typically included in legislated advisory bodies to fairly compensate members.

Clause 13 (1): Role of Chairperson

Description: Clause 13 (1)

This clause specifies that the Chairperson will supervise and direct the work of the Council.

Rationale: Clause 13 (1)

This provision sets the chairperson’s accountabilities to help establish the organizational culture and strategic direction of the Council and coordinate the members’ activities to fulfill the Council’s mandate.

Clause 13(2): Chairperson absent or unable to act

Description: Clause 13 (2)

This clause specifies that if the Chairperson is absent or unable to act or if the office of the Chairperson becomes vacant, the Minister may designate another member of the Council to act as a Chairperson for a period not to exceed 90 days, after which Governor in Council approval is required.

Rationale: Clause 13 (2)

This provision provides clarity of the functioning of the Council should the chairperson position be vacant for a prolonged period of time. It is consistent with similar legislation for members of a Governor in Council-appointed Council with advisory functions.

Clause 14: Functions

Description: Clause 14

This clause specifies that the functions of the Council will be to provide advice to the Minister on early learning and child care in Canada, including with respect to programs, funding and activities; consult broadly on matters relating to the Canada‑wide early learning and child care system; and, undertake any other activity within its mandate that is specified by the Minister.

Rationale: Clause 14

This provision explicitly outlines the functions of the Council, while providing flexibility for the Minister to assign tasks, as needed, recognizing that activities and priorities may evolve as work gets underway and completed. It also establishes a requirement for the Council to consult broadly, including to ensure that stakeholders and partners who are not members of the Council can still provide their insights and perspectives.

Clause 14 (1): Sharing of Information

Description: Clause 14(1)

This clause, which was included as an amendment adopted by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, specifies that on the request of the Council, the Minister may share with them 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 and authority to share.

Rationale: Clause 14 (1)

This provision supports the sharing of data and information with the Council, to assist the Council to provide informed advice, subject to the terms of the agreements with partners and other privacy and data-sharing guidelines, policies, and law.

Clause 15: Meetings

Description: Clause 15

This clause specifies that the Council must meet at least 4 times each fiscal year unless the Minister specifies otherwise.

Rationale: Clause 15

This provision further protects the longevity of functioning of the Council, helping to ensure it remains active in its work. The provision does not restrict the Council to in-person meetings; the intent is that the meetings may take place either in person or virtually. Further, it does not prevent the Council from meeting more frequently – the Council may choose to meet on a more frequent basis to achieve its mandate and allow for sufficient time to conduct meaningful engagement.

Annual Report - Clause 16 (1): Report

Description: Clause 16 (1)

This clause specifies that the Minister must report annually on federal investments made in respect of the Canada-wide early learning and child care system during the fiscal year, and progress made toward the Canada‑wide early learning and child care system. An amendment adopted by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities further specifies that the report shall include 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 a summary of the work of, and advice provided by, the Council during the reporting period.

Rationale: Clause 16 (1)

This provision supports accountability, creating a legislated requirement that the Minister report on an annual basis on federal investments and the progress being made under a Canada‑wide early learning and child care system, and on the work and advice provided by the National Advisory Council on Early Learning and Child Care. Significant funding is being invested to build a Canada-wide system and it is important to ensure that parliamentarians, provincial, territorial, and Indigenous partners, experts, stakeholders 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 system.

The proposed legislation would not increase the reporting requirements on provinces, territories and Indigenous peoples – those would continue to be collaboratively negotiated and articulated within the bilateral agreements with provinces and territories and within funding agreements with Indigenous partners.

Clause 16 (2): Tabling

Description: Clause 16 (2)

This clause, which was included as an amendment adopted by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, specifies that the Minister must table the report in each House of Parliament within 15 sitting days of the report’s completion.

Rationale: Clause 16 (2)

This provision supports accountability to Parliament, and to Canadians.

Coming into force – Clause 17: Order in council

Description: Clause 17

This clause specifies that the sections of the Bill relating to the Council will come into force on a day fixed by order of the Governor in Council.

Rationale: Clause 17

This is a customary provision in an Act to set a date for which the Act, or specific provisions of the Act, will come into force and be operationalized. In this case, a fixed date would allow for sufficient time to convert the National Advisory Council into a statutory body.

2.e. Bill C-35: Canada Early Learning and Child Care Act: Questions and answers

In this section

General questions

• Q1. Who was engaged on this legislation and what did they say?
• Q2: What were the notable amendments that were carried during the study of the Bill at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA)?
• Q3: Why does the legislation only mention provinces, and not territories?
• Q4: Why does the legislation talk about “tutors”?
• Q5: What is the return on investment for CWELCC?
• Q6: How is investment for CLWELC helping gender equality?
• Q7: How does the Multilateral Framework, the IELCC Framework and the Canada-wide agreements interact?

Before- and after school care

• Q8: The preamble mentions before- and after school care; what has the government done so far to advance this priority?

Affordability / Fees reduction

• Q9: How are the fee reductions calculated for the agreements, is it income-tested?

Access / Space creation

• Q10: What about wait times for accessing daycare?
• Q11: What will Bill C-35 do to help access to off-hours care for those that work irregular hours, need drop-ins, overnight or weekend care?
• Q12: How is the Government improving access to child care in child care deserts, including rural and remote communities?
• Q13: What progress has been made toward the public commitment of creating 3,300 new child care spaces for Indigenous children?

For-profit child care vs not-for-profit

• Q14: Why do the Canada-wide agreements and Bill C-35 prioritize not-for-profit expansion?
• Q15: Why is the federal government concerned about profits made by for-profit centres?
• Q16: Why didn’t the Government legislate in C-35 the requirement to ensure provincial and territorial cost control frameworks are in place for the for-profit sector?

Workforce and labour shortages

• Q17: What would Bill C-35 do for the ECE workforce given the current labour shortage?
• Q18: Why does the legislation not establish a minimum wage for ECEs?

Flexibility

• Q19: Will C-35 limit family choices?

Inclusivity

• Q20: How would the legislation support a more inclusive child care system, including reflecting the needs, among others, of Indigenous families, children and parents with disabilities, as well as Black and racialized children and families, and members of Official Language Minority Communities?
• Q21: Do all signed agreements include language clauses to protect the rights of linguistic minorities in a minority situation?
• Q22: What are the implications of C-13, An Act to amend the Official Languages Act, on C-35 and the ELCC agreements?

Funding

• Q23: How would C-35 ensure long-term funding of child care across Canada and how will it ensure the funding is used as intended by the provinces?

National Advisory Council

• Q24: A National Advisory Council on ELCC has been included in the proposed legislation; however, the Government announced the creation of a National Advisory Council on November 24, 2022. How do these relate to each other?
• Q25: How was the National Advisory Council on ELCC selection process conducted?
• Q26: Who is sitting on the National Advisory Council, will C-35 prescribe membership?
• Q27: Does the National Advisory Council on ELCC include Indigenous members?
• Q28: Is the National Advisory Council a decision-making body?
• Q29: Does the National Advisory Council provide advice to the Minister on Indigenous ELCC?
• Q30: How does the Council ensure that Indigenous perspectives are reflected in their work?
• Q31: Are provinces and territories represented on the National Advisory Council?
• Q32: Would C-35 require the National Advisory Council to report on its work and findings?

Accountability/ Reporting

• Q33: Does C-35 include a provision for a periodic review of the bill?
• Q34: Does C-35 require the Minister to report to Parliament on progress in building the Canada-wide system?
• Q35: Are the most recent annual reports published online? Can you share these reports with the committee?
• Q36: Will C-35 respect jurisdictions, more specifically in the case of Quebec would C-35 impact their current asymmetrical agreement?

Indigenous

• Q37. What are National Indigenous Organizations (NIO)? What role do NIOs play in Indigenous ELCC?
• Q38: What engagement was done on this legislation with Indigenous partners?
• Q39: How would C-35 ensure long-term funding for Indigenous early learning and child care as it does for the provinces?
• Q40: Will provincial standards apply to Indigenous ELCC?
• Q41: Will Bill C-35 be connected to Jordan’s Principle and the Child First Initiative?
• Q42: How would C-35 uphold self-determination and further advance the implementation of international frameworks such as the UNDRIP?
• Q43: Indigenous peoples are calling for legislation that advances Indigenous self- determination, law-making, licensing and regulations in the ELCC sector. How can we advance those interests together?

Rights-based

• Q44: How would the legislation help Canada meet its international human rights obligations?
• Q45. Why does the legislation not establish a federal Commissioner for Children and Youth?

ELCC infrastructure fund

• Q46: Why is there an ELCC Infrastructure Fund and what does it aim to accomplish?
• Q47: What are the next steps for the Infrastructure Fund?
• Q48: What projects are eligible to receive funding from the Infrastructure Fund?
• Q49: Who is eligible for funding?
• Q50: Why does funding from the Infrastructure Fund prioritize not-for-profit and public ELCC providers?
• Q51: There are unique infrastructure challenges in the North. Will the Fund take this into account?
• Q52: What is the federal government doing to address ELCC infrastructure needs for Indigenous communities?

In the media (recent events)

• Q53: In the context of a significant pediatric E. coli outbreak in Alberta daycares, which affected hundreds of children and their families, what is the Government of Canada doing to ensure that the implementation of its Canada-wide Early Learning and Child Care program puts the health and safety of children first?
• Q54. How many spaces have been created under the Canada-wide system since its inception? Are you on target to reach 250,000 spaces by March 31, 2026?

General questions

Q1. Who was engaged on this legislation and what did they say?

From January to March of 2022, ESDC undertook outreach and engagement via a Discussion Guide that was shared with:

• provincial and territorial governments
• approximately 50 Indigenous partners and organizations, including national and regional First Nations, Inuit and Métis Nation leadership; Modern Treaty and Self ‑Government Agreement Holders; and other national and regional Indigenous organizations; and
• nearly 70 ELCC national or regional stakeholder organizations and experts

Direct meetings were also held with several Indigenous partners and responsible Provincial and Territorial Ministers at their request to discuss the legislation in more detail. Based on the feedback received during the engagement process, a number of key themes emerged, including:

• Provinces and territories emphasized the importance of respecting their jurisdiction in the ELCC space, and the need to include explicit commitments to ongoing, long-term funding in the legislation. Quebec opposed the legislation, pointing to its exclusive jurisdiction on early learning and child care
• Indigenous partners highlighted that the legislation should include specific language respecting Aboriginal and treaty rights. In addition, they highlighted the importance of culturally appropriate ELCC and the need for long term, sustained funding
• Experts and stakeholders underscored the need to tie conditions to PT funding, clearly define the principles that will be enshrined in the legislation, and establish a long-term federal funding commitment. Many experts and stakeholders also highlighted the importance of regular public reporting to support accountability

A “What We Heard Report,” which summarizes the feedback received, can be found on the ELCC Secretariat website.

Q2: What were the notable amendments that were carried during the study of the Bill at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA)?

HUMA completed its study of Bill C-35 on May 2, 2023. The Bill, with amendments, was reported back to the House by the Chair of the Committee on May 4. The amendments centred on:

• Indigenous rights relating to ELCC and their children: explained at HUMA as affirming that Indigenous peoples should be consulted on matters affecting their children in a manner free of coercion, prior to any decision being made, and knowing what the decision is about (Clause 6e)
• Refinements to the guiding principles descriptions, including new references to: low-income families in the “affordability” principle (Clause 7(1) b); rural and remote communities and systematically marginalized groups such as children with disabilities and children from Official Language Minority Communities (OLMCs) in the “inclusion” principle (Clause 7(1) c); and strengthened language related to Early Childhood Education (ECE) workforce (Clause 7 (1) d)
• Additional language for OLMCs as a new federal guiding principle in the Principles section outlining commitments related to the Official Languages Act (Clause 7.3)
• Refinements to the National Advisory Council provisions to highlight the importance of representing the diversity of Canadian society on the Council which includes Indigenous peoples and OLMCs; sharing of information related to the Canada-wide ELCC system with the Council (Clause 14.1); specifying that a summary of NAC advice and work included in Minister’s annual report (Clause 16.1c)
• Accountability: Minister will now table an annual progress report in Parliament, including information relating to the quality, availability, affordability, accessibility, inclusiveness and access to ELCC programs and services (Clause 16.1 and 16.2)

Q3: Why does the legislation only mention provinces, and not territories?

In federal legislation, the meaning of the word “provinces” includes Yukon, the Northwest Territories, and Nunavut. This stems from the federal Interpretation Act, which applies to all federal laws and spells out that unless an Act explicitly states that the word “provinces” excludes the Territories, it is inclusive of them. In the proposed legislation, “provinces” includes the territories.

Q4: Why does the legislation talk about “tutors”?

The legal terminology that encompasses “parents and caregivers” is: “parents, guardians and tutors.”

Q5: What is the return on investment for CWELCC?

Access to affordable high-quality child care has been demonstrated to have positive outcomes for children’s future academic success, and promotes greater gender equality in the labour market, including by supporting the female-dominated early childhood educator workforce which 96% are women. A concrete example in Canada is with the province of Québec that implemented a low-cost child care system. At the time the Québec Educational Childcare Act was instituted in 1997, women’s labour force participation rate in Quebec was 4 percentage points lower than the rest of Canada. In 2021, it is 4 points higher. And Québec women with children under 3 have some of the highest employment rates in the world.

Modelling by ESDC and Finance Canada has shown that if women in the rest of Canada participated at the same level as Quebec, where low-fee child care has been available since 1997, it would add approximately 240,000 workers to the labour force in 2021 terms.

Q6: How is investment for CLWELC helping gender equality?

Given that Canada-wide ELCC Agreements with PTs were only signed in 2021 to 2022, it will take time to observe the full impacts of the CWELCC system on the Canadian economy. However, studies using 2008 data show that child care alone has raised Québec’s GDP by 1.7%. It is estimated that the Canada-wide system could raise real GDP in our country by as much as 1.2% over the next 2 decades. Studies referenced in one of TD’s Economics Special Report on ELCC have also shown that for every dollar spent on early childhood education, the broader economy could receive between $1.50 and $2.80 in return.

Q7: How does the Multilateral Framework, the IELCC Framework and the Canada-wide agreements interact?

The Multilateral ELCC Framework was established in June 2017 following discussions between the FPT Ministers Most Responsible for early learning and child care (less Quebec, which expressed support for the general principles but preserves its exclusive jurisdiction over ELCC on its territory). The guiding principles of the Framework are to increase access to high-quality, affordable, flexible, and inclusive early learning and child care. These common principles allowed the federal, provincial, and territorial governments to work towards a shared long-term vision, whereby all children across Canada could have the opportunity to experience the enriching environment of quality early learning and child care. This Framework was supported by federal commitments in Budgets 2016 and 2017 totaling roughly $7.5 billion over 11 years, which have been delivered through bilateral agreements to the PTs.

The Canada-wide ELCC Agreements represent an extension and expansion of the principles outlined in the Multilateral Framework – one whereby the federal government expressed its intent to work with provincial, territorial, and Indigenous partners to build a Canada-wide, community-based system of high-quality early learning and child care. Budget 2021 committed roughly $30 billion over 5 years in support of this vision, more than $27 billion is devoted to the Canada-wide ELCC system.

The Indigenous ELCC Framework, which was co-developed with Indigenous partners in 2018, serves as a guide for all actors in the ELCC sphere to work towards achieving the shared vision that Indigenous children have the opportunity to experience high-quality, culturally strong ELCC regardless of where they live. The Framework establishes overarching principles and a vision for happy and safe Indigenous children and families, supported by a comprehensive and coordinated system that is anchored in self-determination, centred on children and grounded in culture.

The Indigenous ELCC Framework complements the Multilateral Framework and together these guide the building of an inclusive Canada-wide early learning and child care system.

If pressed (on how the Canada-wide Agreements account for regional and cultural differences)

The government of Canada acknowledges the successes achieved by provincial, territorial and Indigenous partners in the context of the Canada-wide ELCC system. They are best place to determine their own priorities within the Canada-wide ELCC system to account for regional and cultural differences within their jurisdiction.

The Indigenous ELCC Framework, in addition to the overarching vision and principles includes 3 distinctions-specific Frameworks for First Nations, Inuit and Métis. The Framework acknowledges that First Nations, Inuit and the Métis are distinct peoples with a right to self-determination including the right to control the design, delivery and administration of Indigenous ELCC systems. Alongside a distinctions-based approach that respects the specific priorities of First Nations, Inuit and the Métis Nation, the Framework also includes specific gender and geographic considerations that represent the views of Indigenous children and families.

Additionally, this Indigenous ELCC Framework is implemented through a National and Regional Partnership model by which Indigenous leaders are at the forefront of decision-making on early learning and child care priorities within their communities.

Before and after school care

Q8: The preamble mentions before- and after‑school care; what has the government done so far to advance this priority?

The Government of Canada continues to work closely with provinces, territories, and Indigenous partners to advance the work of the Canada-wide early learning and child care system. As jurisdictions are implementing the Canada-wide system, the federal government continues to engage with provincial and territorial partners to better understand their needs and challenges, including for before- and after-school care.

Some jurisdictions have identified before- and after-school care as a priority in their Canada-‑wide agreement action plans. For example, Nova Scotia is continuing to open more before and after school spaces, and reduced fees ‑across the province, starting April 1, 2022. Parents can expect to save between $4.00 to $6.00 per day for school age children, who are accessing before- and after‑school care services.

Provinces and territories are also investing provincial funds. For example, the province of Manitoba supports a reduction in parent fees for school-age (7 to 12 years old) child care, which is set at a maximum of $10/day on regular school days where children attend 3 periods of care: before, lunch and after school. However, $10/day fees for school-aged children do not extend to summer or other school holidays where children are in care for the full day. British Columbia’s ChildCareBC Plan also includes investments for school-aged children. For example, starting in September 2023, British Columbia is extending its Child Care Fee Reduction Initiative (CCFRI) to families with children in participating half-day preschool or school-aged care programs.

Affordability / Fees reduction

Q9: How are the fee reductions calculated for the agreements, is it income-tested?

One of the guiding principles enshrined in C-35 in clause 7 (1) is to enable families of varying incomes to benefit from affordable, high quality, inclusive ELCC programs and services. It is one of the pillars of the Canada-wide system. Bill C-35 was drafted to align with the current agreements.

The current commitment of the Canada-wide ELCC system is for an average of $10-a-day. This means that PTs have the flexibility to establish varying rates for families within their respective jurisdictions, while ensuring the overall average is $10-a-day. In this case, some families may pay as little as $0 while other families may pay more than $10-a-day. As the administration of ELCC is within PT jurisdiction, the PTs have the flexibility to implement models of their choosing to work towards the $10-a-day average commitment, including income-based models or a cap‑rate fee.

Most PTs have subsidies for ELCC that ensures that low-income families benefit from lower fees.

Access - Space creation

Q10: What about wait times for accessing daycare?

The Government of Canada recognizes that families need greater access to early learning and child care. The Canada-wide Early Learning and Child Care system aims to create 250,000 new regulated child care spaces by March 2026. The creation of more spaces will help to significantly improve access to child care across the country.

Bill C-35 sets access to early learning and child care programs and services – in particular those that are provided by public and not-for-profit child care providers, and regulated – as a guiding principle for federal investments. Together with the significant federal commitments made to date, this is expected to help to reduce wait times as the Canada-wide system grows and matures. The proposed legislation will also help to protect the gains in space creation in the future by ensuring that federal investments are sustained over time.

Q11: What will Bill C-35 do to help access to off-hours care for those that work irregular hours, need drop-ins, overnight or weekend care?

C-35 states in clause 6 b) the importance of flexible early learning and child care programs and services that responds to the varying needs of children and families.

Further details can be found in the bilateral agreements as each province and territory has its own regulations and policies for hours of care. For example, the Alberta agreement indicates that an additional grant for those operating flexible and overnight child care will be provided under the operational grant. Other agreements with provinces and territories recognized this vital component for families and have committed to various measures related to the need for off‑hour care.

Q12: How is the Government improving access to child care in child care deserts, including rural and remote communities?

The Government of Canada recognizes there are extra challenges faced by families with children living in rural or remote locations, including limited access to child care services. Additional language was added at HUMA to the “inclusion” Principle (Clause 7(1)c) to highlight the unique challenges in rural and remote communities.

Many of these communities, along with others including in high density urban areas where communities of families face barriers to access, are known as “child care deserts” – addressing the needs of families in these areas will be part of the work ahead.

The Government of Canada is working with all provinces and territories to ensure that high ‑quality, affordable, flexible and inclusive child care is accessible to all, no matter where they live. As the administration of ELCC is within PT jurisdiction, provinces and territories have responsibilities over the development and implementation of space creation plans.

For example, in Newfoundland and Labrador’s 2021 to 2022 to 2022 to 2023 Canada-wide Action Plan, the province has laid out commitments for space creation in rural communities. Nova Scotia has announced more than 300 family child care and centre-based spaces in Cape Breton, including in places that previously had no access to child care, like Ingonish. As well, Saskatchewan has announced it has created 4,000 spaces in communities across the province, including rural and remote communities, since signing its Canada-wide Agreement. Additionally, Manitoba’s ready-to-move (RTM) project, funded under their Canada-wide Agreement, has committed funding for the creation of 1,670 new child care spaces in rural and Indigenous communities. RTM construction technology allows the development of high-quality new facilities built under controlled conditions before they are moved to the final site and placed on a permanent foundation – new facilities are ready for occupancy within a year, and as part of the commitment the destination community must provide land, servicing and free rent for 15 years for the child care operator.

Q13: What progress has been made toward the public commitment of creating 3,300 new child care spaces for Indigenous children?

We have made a public commitment to co-develop ELCC results frameworks with First Nations, Inuit, and Métis partners. These results frameworks will allow us to define shared outcomes and measure results, such as the number of new spaces created. This work is underway and will be completed by 2025.

Notwithstanding, I would be pleased to share a few highlights of progress.

As an initial priority, many Indigenous partners have chosen to prioritize activities aimed at the development of culturally appropriate ELCC programs and services. The availability of Michif and Dene immersion programs for kindergarten students in Saskatchewan serves as an example of progress in this regard.

Expanding access to Indigenous ELCC through the creation of new spaces and/or enhancement of existing spaces (e.g., conversion of part-time to full-time care models) is also a priority for Indigenous partners, and we are beginning to see early indicators of success in this area. For example:

• Over the last 4 years, the Manitoba Métis Federation (MMF) has built 7 new child care centres, creating over 200 new child care spaces for Métis families in Manitoba. The MMF has a number of additional new centres planned and/or under construction
• The Métis Nation British Columbia (MNBC) celebrated the opening of their new Island Métis childcare centre in March 2022, providing 52 culturally enriched daycare spaces for Métis families in the Victoria area. MNBC is working to develop new childcare spaces in collaboration with the province and educational institutions
• The Northwest Territory Métis Nation opened a new childcare centre in Fort Smith in March 2023. These new spaces are in addition to their existing child care centre in Hay River, and a third centre is anticipated to open soon
• Abegweit First Nation in Prince Edward Island has completed the construction of a new child care centre with space capacity for 32 children
• Additional supports are now offered to parents through new funding for Before- and After-School Programming (BASP) that is being advanced by First Nations partners in communities across the country, with support from my colleague, the Minister of Indigenous Services. This new funding has the potential to expand access to Before and After School Programming for more than 45,000 eligible First Nations students ages 4 to 12 on reserve

New investments in Indigenous ELCC infrastructure announced in Budget 2021 (i.e., $420 million over 4 years and $21 million per year ongoing) will become available in 2023 to 2024 to support Indigenous partners in building new child care centres. This new funding will enable progress toward our target of 3,300 new spaces.

For-profit child care vs. not-for-profit

Q14: Why do the Canada-wide agreements and Bill C-35 prioritize not-for-profit expansion?

The Canada-wide Early Learning and Child Care (ELCC) agreements and the proposed legislation predominantly support not-for-profit, public, and family-based child care providers. Focusing on growth in this sector supports the sound use of public funds, including ensuring that surplus earnings are reinvested in the programs and services to allow for continued growth of higher-quality programs, rather than distributed for the personal benefit of owners, members, investors or to enhance asset growth. Studies have shown that higher-quality programs and services tend to be offered in not-for-profit and public child care centers as compared to for‑profit centers.

However, given the unique ELCC landscape across the country, the Government of Canada recognizes that licensed, for-profit child care will continue to play a role. The Government of Canada is working with the provinces and territories to support the growth of quality child care spaces across the country, while ensuring that families in existing licensed spaces – including for-profit spaces – benefit from more affordable child care.

Q15: Why is the federal government concerned about profits made by for-profit centres?

Governments of all levels have a fundamental responsibility to their citizens to ensure the sound and reasonable use of public funds; as such, agreements with provinces and territories include accountability provisions to ensure transparency and commitments to report on these expenditures. Accountability provisions apply to all operators that are part of a Canada-wide ELCC system, whether for-profit or not-for-profit.

Q16: Why didn’t the Government legislate in C-35 the requirement to ensure provincial and - territorial cost control frameworks are in place for the for-profit sector?

Given the unique ELCC landscape across the country, the Government of Canada recognizes that licensed, for-profit child care will continue to play a role in the Canada-wide ELCC system.

The Canada-wide bilateral agreements include individually tailored, highly detailed conditions to ensure that provinces and territories meet the objectives of the Canada-wide ELCC system.

Given this, requirements for cost control frameworks are best handled through the Canada-‑wide agreements.

Workforce and labour shortages

Q17: What would Bill C-35 do for the ECE workforce given the current labour shortage?

Bill C-35 highlights as a principle in clause 7 (1) d) the need for the federal government to support high-quality early learning child care programs and services through the use of a qualified and well-supported ECE workforce.

Strengthened language on the ECE workforce was added as an amendment at HUMA to recognize the intrinsic link between good working conditions and the provision of high quality ELCC programs and services.

A thriving early learning and child care workforce is critical to ensuring high-quality and inclusive early learning and child care. Acknowledging this issue, the Federal-Provincial and Territorial Forum of Ministers Most Responsible for ELCC held their annual meeting in July 2023 where all ministers (except Quebec, which participates in the Forum as an observer) agreed to develop a Canada-wide, multilateral workforce strategy for the early learning and child care workforce, recognizing that federal, provincial and territorial governments will have final authority on any implementation actions within their respective jurisdictions. The multilateral workforce strategy will centre on the pillars of recruitment, retention and recognition.

The strategy will be an added tool for all ministers to consider as they continue to work toward their shared goal of providing more families in Canada with access to high-quality, affordable, flexible and inclusive early learning and child care, no matter where they live. Additionally, Ontario has committed to taking the lead on establishing a working group on inter-provincial and territorial mobility and foreign credential recognition for the early childhood education workforce to ensure seamless movement of qualified staff across Canada and from around the world.

If pressed (as to the need for a workforce strategy)

The Federal Government only has direct purview over workforce that is clearly within federal jurisdiction. The regulation of the ECE workforce is a matter of provincial and territorial jurisdiction in Canada. As such, in the most recent meeting of the Federal, Provincial/Territorial Forum of Ministers Most Responsible for ELCC, all ministers agreed to develop a Canada-wide, multilateral workforce strategy for the early learning and child care workforce, recognizing that federal, provincial and territorial governments will have final authority on any implementation actions within their respective jurisdictions. The multilateral workforce strategy will centre on the pillars of recruitment, retention and recognition.

Further details on existing supports for the workforce through Canada-wide ELCC system such as the development of wage grids can be found in the bilateral agreements. Each province and territories has its own legislation, regulations and policies for ECEs - as it is within their jurisdictional power.

Q18: Why does the legislation not establish a minimum wage for ECEs?

Bill C-35 highlights as a principle in clause 7 (1) d) the need for the federal government to support high-quality early learning child care programs and services through the use of a qualified and well-supported ECE workforce. Strengthened language on the ECE workforce was added as an amendment at HUMA to recognize the intrinsic link between good working conditions and the provision of high quality ELCC programs and services.

Federal legislation can only prescribe rates of pay for positions that are clearly within federal jurisdiction. The regulation of the ECE workforce is a matter of provincial and territorial jurisdiction in Canada, which is why the Government of Canada is working to advance issues such as improved working conditions for ECEs through the development of a multilateral ELCC workforce strategy under the Federal, Provincial/Territorial Forum of Ministers Most Responsible for ELCC. This strategy will center on the pillars of recruitment, retention, and recognition of the ELCC workforce.

Flexibility

Q19: Will C-35 limit family choices?

No, C-35 states in clause 6 b) the importance of flexible early learning and child care programs and services that respond to the varying needs of children and families. Furthermore, the Canada-wide system is supported by an array of other federal, provincial/territorial and Indigenous benefits for families that together would allow more flexibility for parents to choose the care that most benefit their situation and their children.

Should parents decide to send their child to regulated ELCC, it is important that they can access high-quality, affordable, flexible and inclusive child care spaces. Should parents decide to stay at home with their children, measures such as the Canada Child Benefit (CCB) continue to be available to all families with children. The CCB provides 9 out of 10 Canadian families with children with monthly payments to help support the costs of raising children.

Inclusivity

Q20: How would the legislation support a more inclusive child care system, including reflecting the needs, among others, of Indigenous families, children and parents with disabilities, as well as Black and racialized children and families, and members of Official Language Minority Communities?

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

The proposed legislation would entrench this vision and goal into law. It also includes a commitment to ensure that the principles of access, affordability, inclusivity, and high quality will guide federal investments in ELCC. Additional language was added at HUMA to the “inclusion” Principle (Clause 7 (1) c) to highlight the specific needs of systematically marginalized groups such as children with disabilities and children from OLMCs.

If pressed (on the need for more inclusive access and the recognition of specific regional and cultural needs)

Inclusion is indeed a key principle of Bill C-35 as enshrined in clause 7 (1) c). Additional language was added at HUMA to this Principle to highlight the specific needs of systematically marginalized groups such as children with disabilities.

Bill C-35 also takes a rights-based approach, recognizing the value of a Canada wide system of ELCC in supporting the progressive realization of human rights. It includes provisions that would reaffirm Canada’s human rights commitments, and would support an affordable, inclusive and high quality ELCC system that could be accessed by all children who need it. This would not only help those children, but also their families and communities, which aligns with the generally recognized human rights principles of equality, non-discrimination, and inclusion.

Q21: Do all signed agreements include language clauses to protect the rights of linguistic minorities in a minority situation?

The Government of Canada understands that child care can have a profound influence on children's overall development, including their language skills and identity.

Canada-wide Early Learning and Child Care agreements signed with provinces and territories except Quebec feature clauses to support and respect the rights of official language minority communities, based on the specific priorities and context of each jurisdiction.

In addition, the Government of Canada has invested $20 million to support early childhood development initiatives in Francophone minority communities as part of the Action Plan for Official Languages 2018 to 2023. With the new Action Plan for Official Languages 2023 to 2028, the Government of Canada is investing $14.2 million for the training and capacity-building of early childhood educators in Francophone minority communities, and $50 million to create a network of early childhood stakeholders and implement initiatives in Francophone minority communities across Canada.

The Government of Canada is working with provinces and territories, experts, and communities, to ensure that child care is fully inclusive of the needs of all children, including children in official language minority communities.

Q22: What are the implications of C-13, An Act to amend the Official Languages Act, on C-35 and the ELCC agreements?

Bill C-13, which received Royal Assent in June 2023, applies writ large to federal ELCC actions (including Bill C-35) and creates federal obligations once C-13 comes into force, more specifically to protect OLMCs across the country and protect French in the province of Quebec. To note, as amended at HUMA, Bill C-35 also contains a number of references to ensure that the specific needs of OLMCs are taken into account. Upon coming into force of both of these Bills, these references would further strengthen the federal government’s commitment and guide future decisions.

In terms of the impacts on ELCC agreements, ESDC has already taken steps to address Part VII of the Official Languages Act. The Canada-wide ELCC agreements, the ELCC bilateral agreements, and the 2021 to 2022 workforce funding agreements all include concrete measures and reporting requirements related to child care for OLMCs.

Specifically, as part of the Canada-wide ELCC agreements, provinces and territories, except Quebec, have made commitments to:

• Develop and fund plans to ensure equitable access to child care spaces for communities with barriers to access such as official language minority communities
• Consider the needs of official language minority communities in developing and delivering early learning and child care programs and services; and
• Report on progress and achievements of the impact of federal investments that forward inclusion in ELCC including in official language minority communities, , including via Annual Progress Reports

Implementation Committees established through the Canada-wide ELCC agreements, in collaboration with stakeholders, including from OLMCs, will monitor the impact and results of implementation, including on OLMCs.

If pressed (on for the importance of recognizing the specific needs of OLMCs)

C-35, as amended at HUMA, does contains a number of references to OLMCs and the importance of supporting ELCC in both official languages.

The Government of Canada understands that child care can have a profound influence on children's overall development, including their language skills and identity, which is why all funding agreements with PTs, with the exception of Quebec, feature clauses that commit PTs to consider the needs of these communities in the development and implementation of ELCC programs and services. The Government of Canada continues to work with provinces and territories, experts, and communities, to ensure that child care is fully inclusive of the needs of all children, including children in OLMCs; this includes other means than through Bill C-35. Budget 2023 committed a total of $111.4 million to support official languages and bilingualism initiatives throughout Canada, including targeted support to child care services in official language minority communities.

This funding will support cultural and educational activities, as well as increased training for early childhood educators, and strengthen the vitality of Francophone culture and communities outside of Quebec.

Funding

Q23: How would C-35 ensure long-term funding of child care across Canada and how will it ensure the funding is used as intended by the provinces?

The proposed legislation includes a federal commitment to maintaining long-term funding primarily through agreements negotiated with provinces and territories, and agreements with Indigenous governing bodies and organizations.

When drafting this proposed legislation, it was of utmost importance that the Government of Canada respect the constitutional jurisdiction of provinces and territories, as well as the rights of Indigenous peoples, including the right to self-determination. The government has signed bilateral agreements with all 13 provinces and territories.

The Canada-wide bilateral agreements include individually tailored, highly detailed conditions to ensure that the provinces and territories (except Quebec, which has an asymmetrical agreement) meet the objectives of the Canada-wide ELCC system. These agreements also ensure that the Government of Canada can withhold funds if these conditions are not met. The legislation is intended to complement and uphold this approach.

National Advisory Council

Q24: A National Advisory Council on ELCC has been included in the proposed legislation; however, the Government announced the creation of a National Advisory Council on November 24, 2022. How do these relate to each other?

The National Advisory Council (the Council) provides third-party expert advice to the Minister and serve as a forum for consultation on issues and challenges facing the ELCC sector. Its members include individuals with experience and knowledge of the sector, and is reflective of the diverse identities represented across Canada.

The proposed legislation would convert that same Council into a statutory body, much like what was done with the National Advisory Council on Poverty and the National Housing Council.

If Bill C-35 is passed, the Ministerially appointed Council would become a Governor in Council-appointed Council.

Q25: How was the National Advisory Council on ELCC selection process conducted?

Member selection consisted of a public/open call for applications followed by an open and transparent selection process. The intent was for the Council, to the extent possible, to reflect Canada’s geographic, cultural, and linguistic diversity.

A robust communications strategy supported the call for applications to ensure broad awareness and to target harder-to-reach candidates from the sector. This included a news release, social media promotion, and an email blast that was sent to more than 1,000 stakeholders with vast networks in the sector, including advocates, associations, providers and experts, representing national, provincial, territorial and regional interests. Of these, more than 250 Indigenous partners were contacted. To further promote this call for applications, the Indigenous Early Learning and Child Care Secretariat also sent a follow-up message to the joint National and Regional ELCC Partnership Tables and National Indigenous Organisations (NIOs)).

Q26: Who is sitting on the National Advisory Council, will C-35 prescribe membership?

The current Council, which was announced on November 24, 2022, was selected under an open and transparent selection process. It is composed of 16 members, including academics, advocates, practitioners and caregivers as well as a full-time chairperson and an ex officio member who is a senior official from Employment and Social Development Canada. The current Chairperson, Don Giesbrecht, has previously served as both President of the Board of Directors and CEO of the Canadian Child Care Federation.

Bill C-35 will make the Ministerially appointed Council a statutory body appointed by the Governor in Council (GIC). Bill C-35 also highlights the importance of having members who are representative of the diversity of Canadian society and, as amended at HUMA, with a specific reference to Indigenous peoples and OLMCs . It also prescribes that the Council will have 10 to 18 members, including a full-time or part-time Chairperson and an ex officio member, who is the Deputy Minister or a delegated senior official.

The Council, as described in the legislation, is an advisory body. In other words, its advice is non-binding. Moreover, it is not intended to provide oversight of the system, but is rather to serve as a mechanism that the Government of Canada can put in place to ensure that the voices, input and expertise of the early learning and child care sector are taken into account as we implement the system.

There are already established mechanisms for the Government of Canada to engage with provinces and territories. These established governance structures serve as the primary mechanisms to support engagement and decision-making on the implementation of the Canada-wide early learning and child care system.

Moreover, National and Regional Early Learning and Child Care Partnership Tables will remain the main forum to support engagement, co-development and joint decision-making on Indigenous ELCC.

Opportunities can be explored for information sharing and dialogue between the National Advisory Council, the Indigenous ELCC Secretariat and Indigenous ELCC representatives. C-35 complements, rather than replaces, these existing mechanisms, and respects relationship building with these bodies to date.

Q27: Does the National Advisory Council on ELCC include Indigenous members?

Yes, the Council currently includes 2 members who identify as Indigenous, one identifies as Métis and the other as First Nation. While these members, like the rest of the Council, do not provide advice that is affiliated with an organization, they nonetheless each bring their unique knowledge and perspectives to the Council as an Indigenous person. All members of the Council are subject matter experts and have unique and important contributions to make to the Council’s mandate. Bill C-35 also further highlights the importance of having members who are representative of the diversity of Canadian society which, as amended at HUMA, now includes a specific reference to Indigenous peoples.

Q28: Is the National Advisory Council a decision-making body?

No. The Council is an advisory body whose advice is not binding. It was established with a mandate to provide third-party expert advice to ESDC, in support of the Minister and a forum for consultation on issues and challenges facing the ELCC sector.

The Council is not intended to provide oversight of the system, but is rather a mechanism to help ensure that the voices, input and expertise of the early learning and child care sector and those who interact with it are taken into account as the federal government implements a Canada-wide system with provincial, territorial and Indigenous partners over the long term.

The Council will be expected to undertake public engagement to seek out the views of 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. The Minister will direct the work of the Council, in keeping with the Government of Canada’s commitment to advance reconciliation and respect Indigenous rights, including the right to self-determination.

Q29: Does the National Advisory Council provide advice to the Minister on Indigenous ELCC?

The Council’s role is to provide non-binding advice to the Minister on a Canada-wide ELCC system that benefits all children and families in Canada, including Indigenous children and their families. However, the joint National and Regional Indigenous Partnership tables, as well as other bilateral mechanisms established by First Nations, Inuit, and Métis Nation leadership, are the primary venues to support advice, decision making, implementation and planning for Indigenous ELCC. There will be opportunities for information sharing and dialogue between the Council, the Indigenous ELCC Secretariat and Indigenous ELCC representatives. C-35 and the Council complement, rather than replace, these existing mechanisms, and respect the relationship building to date.

Q30: How does the Council ensure that Indigenous perspectives are reflected in their work?

The unique perspectives and needs of First Nations, Inuit and Métis families and children are essential in building a Canada-wide ELCC system.

The Council complements and not replaces other established mechanisms already in place via the National and Regional Partnership Tables and other bilateral forums. Potential opportunities to support information-sharing and dialogue between the Council and Partnership Tables, are currently being explored.

Moreover, in formulating their advice to the Minister, the Council has a mandate to undertake public engagement, including with First Nations, Inuit and Métis representatives to share their knowledge and experience on Indigenous early learning and child care.

In addition, as a federal body, the Council would respect Indigenous rights, including the right to self-determination, Indigenous-led approaches, and the principles of the Indigenous ELCC Framework.

Q31: Are provinces and territories represented on the National Advisory Council?

The governments of provinces and territories are not represented on the National Advisory Council.

Provinces and territories already have an established mechanism for multilateral engagement at the table of federal-provincial/territorial (FPT) Ministers Most Responsible for ELCC, and work with the Government of Canada bilaterally through agreements and implementation committees.

The proposed legislation’s provisions on the Council complement, rather than replace, these existing mechanisms, as well as respect the relationship building to date.

Q32: Would C-35 require the National Advisory Council to report on its work and findings?

As amended at HUMA, the proposed legislation commits the Minister to include a summary of the advice and work of the Council in the annual Ministerial report (clause 16.1) that will be tabled in Parliament.

Accountability / Reporting

Q33: Does C-35 include a provision for a periodic review of the bill?

The proposed legislation is federally focused in nature, intended to enshrine into law the federal vision of a Canada-wide ELCC system. Given this, it was determined that a regular review of the legislation would not be warranted.

Q34: Does C-35 require the Minister to report to Parliament on progress in building the Canada-wide system?

As amended at HUMA, the proposed legislation commits the Minister to table an annual progress report to Parliament, including information relating to federal investments and progress being made towards a Canada-wide system, including related to the quality, availability, affordability, accessibility, inclusiveness and access to ELCC programs and services (Clause 16.1 and 16.2). The report must also contain a summary of the advice and work of the National Advisory Council. This requirement provides an important measure of accountability regarding federal investments in ELCC, while respecting the extensive reporting provisions set out in the Canada-wide agreements. It also ensures that the legislation does not impose additional reporting requirements or administrative burden on provinces and territories or Indigenous peoples.

The Government of Canada remains committed to ensuring Canadians have timely access to information regarding the federal investments in ELCC and the progress being made toward creating and maintaining a Canada-wide ELCC system.

If pressed (on the importance of data collection)

The Government of Canada recognizes the importance of data collection to be able to monitor the progress being made toward creating and maintaining a Canada-wide ELCC system. Several witnesses at HUMA spoke in favour of strengthening the reporting requirements in Bill C-35. Clause 16.1 and 16.2 were thus amended to create an obligation for the Minister to table an annual progress report to Parliament that will include information related to the quality, availability, affordability, accessibility and inclusiveness of ELCC programs and services.

Since ELCC is a PT jurisdiction, PTs are responsible for the administration of their respective ELCC systems and as such, are responsible for the collection of pertinent data on their systems. Given this jurisdiction, the federal government cannot introduce new data collection reporting requirements for PTs through federal legislation. Through current funding agreements with the Government of Canada, however, PTs are accountable for collecting the data required to produce annual progress reports that include indicators and targets negotiated through action plans for agreements.

Federally speaking, Statistics Canada has recently launched new surveys on ELCC that will provide significant insights in a number of areas, including the challenges being faced by families in accessing child care. Data from the 2023 Canadian Survey on Early Learning and Child Care will be released in December 2023 which could include more information on wait lists. Results from these surveys will be used to help inform areas for improvement of the Canada-wide early learning and child care system.

Additionally, the Government of Canada has committed to work with First Nations, Inuit and the Métis Nation to co-develop results reporting approaches by March 2025, to demonstrate and assess progress towards the vision and goals of the Indigenous ELCC Framework which sets out commitments to research and accountability frameworks. A co-development approach would also be guided by the First Nations Principles of ownership, control, access, and possession (OCAP) regarding data collection processes.

Q35: Are the most recent annual reports published online? Can you share these reports with the committee?

As outlined in the Multilateral Framework for ELCC, federal, provincial and territorial governments recognize that reporting and data build knowledge and disseminate information to families, communities and service providers.

The Government of Canada is working with provincial and territorial partners to finalize the 2019 to 2020 and 2020 to 2021 annual progress reports. Once completed, the federal government will ensure the bilingual reports meet accessibility standards prior to publishing on ESDC’s website. We expect that this will be done in the coming months.

Jurisdiction

Q36: Will C-35 respect jurisdictions, more specifically in the case of Quebec would C-35 impact their current asymmetrical agreement?

Bill C-35 will respect provincial and territorial jurisdictions and would not impose any conditions or requirements on provincial and territorial governments, or Indigenous peoples. There are no provisions in the Bill which apply to the province of Quebec, or any other province or territory, so there is no need for an exemption clause for Quebec. C-35 would apply solely to the federal government by enshrining into law a long ‑term federal commitment to building and maintaining a Canada-wide system of ELCC.

If the Act comes into force, all PTs would retain their jurisdictional position in respect of ELCC.

Given that Quebec has had a system of educational child care services with reduced parental contribution since 1997 and for which it reports to its population, Canada and Quebec have agreed to implement an asymmetrical agreement which will not be affected by this legislation. This agreement allows Quebec to make other improvements to its system, a system of which Quebecers are very proud, with good reason.

Indigenous

Q37: What are National Indigenous Organizations (NIO)? What role do NIOs play in Indigenous ELCC?

In 2018 the Assembly of First Nations (AFN), Inuit Tapiriit Kanatami (ITK), the Métis National Council (MNC) and the Government of Canada co-endorsed the Indigenous Early Learning and Child Care Framework. These NIOs are key partners in implementing the Indigenous ELCC Framework’s visions, principles and objectives.

The AFN, ITK and MNC also convene distinctions-based National Partnership Tables on ELCC. These Partnership Tables include ELCC experts, program administrators and regional or community technicians who are mandated by their leadership to work with the Government of Canada to strengthen ELCC for Indigenous children. These National Tables determine high-level ELCC policy and priorities, guided by the co-developed Framework, and determine regional funding allocations. National Leaders at the AFN, ITK and MNC are also the principal interlocutors with the Minister. Other bilateral relationships with the Manitoba Metis Federation, Northwest Territory Metis Nation and the Metis Settlements General Council have been established to support ELCC within the Homeland.

First Nations, Inuit and Metis Nation Regional ELCC tables are comprised of ELCC representatives from First Nations’, Inuit and Métis regional organizations. Regional ELCC Partnership tables then develop and implement ELCC plans to build regional governance and advance regional ELCC strategies and programs. In some cases, Regional Partnership Tables are also funding recipients and program delivery partners. In other cases, funding agreements to support ELCC are in place at the community-level.

The National and Regional Partnership tables are the primary venue for joint decision-making pertaining to Indigenous-federal ELCC.

The AFN, ITK, and MNC do not administer or disburse distinctions-based funding, though they may opt to allocate a portion of funds to their organizations or governments to support national ELCC governance and partnerships, capacity-building and policy development activities.

Q38: What engagement was done on this legislation with Indigenous partners?

The Government of Canada sought feedback from Indigenous partners prior to tabling this legislation. Approximately 50 Indigenous government partners and organizations, including national First Nations, Inuit, and Métis governments and organizations, National and Regional Partnership Tables, Self‑Governing Nations, Modern Treaty and Self-Government Agreement Holders, and other national and regional Indigenous organizations were included in the engagement. The Department also delivered presentations and held meetings with partnership tables and Indigenous organizations who requested them.

A What We Heard engagement report which summarizes the main themes that emerged from all engagement activities on the proposed legislation was published in November 2022. This report was also shared with Indigenous partners who were involved in the original outreach on engagement on the Bill. We heard from Indigenous partners that the legislation should include specific language respecting Aboriginal and treaty rights. In addition, they highlighted the importance of culturally appropriate, Indigenous-led ELCC and the need for long term, sustained funding.

If pressed (on Indigenous partners reaction on the introduction of Bill C-35)

Overall, Indigenous partners’ reaction to the Bill was positive and consistent with the priorities identified by Indigenous partners, which is summarized in the “What We Heard” engagement report. Specifically, Indigenous partners have indicated that they were pleased to see that the Bill acknowledges Indigenous rights and will contribute to the implementation of UNDRIP. In addition, the inclusion of co-developed, Indigenous-specific principles and a commitment to long term sustained funding for IELCC was well received by Indigenous partners. The inclusion of the principles of the IELCC Framework in the Bill at clause 7.2 was also positively received. The Assembly of First Nations has a long-standing position that First Nations should have control over the design and delivery of ELCC for their families and children and have signaled the need to reflect on the value of advancing First Nations specific legislation versus federal legislation more broadly (Resolution 08/2022).

Q39: How would C-35 ensure long-term funding for Indigenous early learning and child care as it does for the provinces?

The proposed legislation includes a federal commitment to maintaining long-term funding primarily through agreements held with Indigenous governing bodies and organizations.

The Indigenous-specific ELCC investments in programming and governance advance the vision and principles outlined in the Indigenous ELCC Framework, which has been endorsed by the Government of Canada and Indigenous leadership.

This funding is complementary to provincial funding to improve ELCC programs and services for Indigenous children.

Q40: Will provincial standards apply to Indigenous ELCC?

The legislation does not regulate in matters of provincial or Indigenous jurisdiction.

The legislation respects and upholds Aboriginal and treaty rights, including the right to self-‑determination. Furthermore, it would respect Indigenous-‑led approaches and the ongoing, collaborative implementation of the Indigenous ELCC Framework.

In its guiding principles, Bill C-35 [clause 7(1)(a)] notes that federal investments are to be directed toward ELCC programs and services that recognize standards set by provincial governments or Indigenous governing bodies. Additionally, the majority of Canada-wide agreements contain clauses (section 2.2.1) that define regulated programs and services as those that meet standards established and/or monitored by provincial/territorial governments and Indigenous governments and authorities.

Q41: Will Bill C-35 be connected to Jordan’s Principle and the Child First Initiative?

Bill C-35 is specific to the Canada-wide early learning and child care system – it would not affect or alter Jordan’s Principle or the Child First Initiative. That said, the proposed legislation would support the well-being of Indigenous children and families by enshrining the Government’s long term commitment to early learning and child care, ensuring that federal funding will be sustained, and recognizing the importance of culturally appropriate ELCC that is led by Indigenous peoples.

Part of the purpose of the proposed Bill is to contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The elements of the proposed legislation, supported by strong partnerships and collaboration at all levels of government, would help contribute to equity and equality of outcomes for Indigenous children and families, and would complement the Government of Canada’s commitment to Jordan’s Principle and to Reconciliation.

Q42: How would C-35 uphold self-determination and further advance the implementation of international frameworks such as the UNDRIP?

Bill C-35 includes a commitment to contribute to the implementation of the UNDRIP and to further the progressive realization of human rights. These references are in the Bill’s Preamble, Purpose, and Declaration sections. This commitment would also include the Articles of the UNDRIP that speak to free, prior and informed consent (FPIC).

Bill C-35 also clearly states that federal actions and decisions on ELCC for Indigenous families must be guided by the principles in the Indigenous ELCC Framework, which was co-developed with Indigenous peoples and endorsed by the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council. A key principle of the Indigenous ELCC Framework is First Nations, Inuit and Métis self-determination in ELCC.

Further, in developing a whole-of-government approach and guidance on implementation of the UNDRIP, the Department of Justice has been working with First Nations, Inuit and Métis partners on implementation of the UN Declaration on the Rights of Indigenous Peoples Act (UNDA). On June 21, 2023 they released a codeveloped Action Plan, which provides a roadmap of actions Canada needs to take in partnership with Indigenous peoples to implement the principles and rights set out in the UNDRIP and to further advance reconciliation in a tangible way. ESDC is maintaining close collaboration with the Department of Justice to ensure that the Canada-wide system continues to align with the developments and guidance coming out of the UNDA implementation process.

Bill C-35 was drafted to allow flexibility with respect to upholding Indigenous rights, Indigenous jurisdiction, and concepts like FPIC, so that it can grow over time with the Crown-Indigenous relationship. It was also designed to support dedicated federal investments for Indigenous ELCC, to advance and support self-determination in the provision of culturally competent ELCC for Indigenous children through the co-developed Indigenous ELCC Framework.

If pressed on the effects of free, prior, and informed consent on the legislation

One of the amendments at Committee stage moved by MP Gazan elaborates on the Declaration section of the Bill to include the notion of free, prior and informed consent (FPIC); 6 (e) now reads: 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.

Bill C-35 was drafted to fully respect and uphold Indigenous and treaty rights, including the right to self‑determination consistent with the co-developed Indigenous ELCC Framework that was endorsed by Cabinet in 2018. The purpose section of the Act states that the Bill will contribute to the implementation of the UNDRIP, and this reference includes the concept of FPIC. Bill C-35 was drafted to be flexible and remain consistent with the Department of Justice-‑led process to work in consultation and collaboration with Indigenous peoples to co-develop the Action Plan to achieve the objectives of the UNDA. It remains consistent with that Action Plan, which was released on June 21, 2023.

ESDC will continue on this path going forward. The co-developed Indigenous ELCC Framework will continue to guide our cooperative and collaborative work with Indigenous ELCC partners, provinces, and territories to create a Canada-wide system of ELCC. We will also continue to work to incorporate any guidance and measures, such as measures related to consultation and FPIC, that may arise from the Department of Justice’s co-development process on the UNDA Action Plan.

Further, the Department will continue to advance and support self-determination in the provision of culturally competent ELCC for Indigenous children, through the co-developed Indigenous ELCC Framework and dedicated federal investments to support its implementation.

If pressed (on implication of FPIC on PTs if C-35 receives Royal Assent)

When drafting this proposed legislation, it was of utmost importance that the Government of Canada respect the constitutional jurisdiction of provinces and territories, as well as the rights of Indigenous peoples, including the right to self-determination.

On the concepts of FPIC and their implications, ESDC is maintaining close collaboration with the Department of Justice to ensure that the Canada-wide system, including any activities associated with C-35, continue to align with the developments and guidance coming out of the UNDA implementation process.

Q43: Indigenous peoples are calling for legislation that advances Indigenous self-determination, law-making, licensing and regulations in the ELCC sector. How can we advance those interests together?

When drafting this proposed legislation, it was of utmost importance that the Government of Canada respect the constitutional jurisdiction of provinces and territories, as well as the rights of Indigenous peoples, including the right to self-determination.

While this proposed legislation does not regulate in matters of provincial or Indigenous jurisdiction, it recognizes that Indigenous children are best served by culturally relevant programs and services that are led by Indigenous peoples and enshrines co-developed principles in law to guide federal actions and investments.

Additionally, clause 7(1)(a) of this proposed legislation notes that federal investments are to be directed toward ELCC programs and services that recognize standards set by provincial governments or Indigenous governing bodies.

Rights-based

Q44: How would the legislation help Canada meet its international human rights obligations?

The proposed legislation includes provisions that would reaffirm Canada’s human rights commitments, such as those under the United Nations Convention on the Rights of the Child, to which Canada is a signatory. It takes a rights-based approach, recognizing the value of a Canada-wide system of ELCC in supporting the progressive realization of human rights.

The proposed legislation would support an affordable, inclusive and high-quality ELCC system that could be accessed by all children who need it, which would not only help those children, but also their families and communities. This would align with the generally recognized human rights principles of equality, non-discrimination, and inclusion.

The proposed legislation also supports the implementation of the UNDRIP as it aims to respect and uphold Indigenous rights, including their right to self-determination and recognizes the role of First Nations, Inuit and Métis in providing ELCC systems that reflect their needs, priorities and aspirations.

While the proposed legislation would not create a new right to child care, it would uphold and support Canada’s commitment to the right to state assistance in child-rearing responsibilities as recognized in the United Nations Convention on the Rights of the Child.

If pressed on why the federal government has not enshrined a formal right to child care

In drafting Bill C-35, it was important that the Government of Canada respect provincial and territorial jurisdiction for ELCC – and that it respect Indigenous rights, including the right to self-determination. The Government of Canada remains committed to upholding human rights, including children’s rights, Indigenous rights, and families’ right to benefit from child care services as recognized in the UNCRC – and Bill C-35 supports this.

Q45: Why does the legislation not establish a federal Commissioner for Children and Youth?

The proposed legislation would support the well-being of children and families; however, it is not the most appropriate vehicle for creating a federal Children’s Commissioner.

Children’s rights are a shared responsibility between federal, provincial and territorial governments. Should one be created, a commissioner would be expected to have a broad mandate, whereas the purpose of the proposed ELCC legislation is narrower, focused specifically on ELCC.

ELCC Infrastructure Fund

Q46: Why is there an ELCC Infrastructure Fund and what does it aim to accomplish?

In negotiating and implementing the Canada-wide ELCC system, many PTs raised that infrastructure was a challenge for not-for-profit and public providers where real estate costs were too high or building materials too expensive. That is why Budget 2022 announced the creation of an ELCC Infrastructure Fund, which will provide PTs with $625 million over 4 years from 2023 to 2024, to 2026 to 2027 for PTs to make additional child care investments.

The Fund will support infrastructure projects for underserved communities, including in rural and remote regions, such as those prevalent in the North. The Fund will also support infrastructure projects for high-cost and low-income urban neighbourhoods, and communities that face barriers to access, such as racialized groups, Indigenous peoples, official language minority communities, newcomers, as well as parents, caregivers, and children with disabilities. The Fund could also be used to support physical infrastructure for ELCC operators providing care during non-standard hours.

Q47: What are the next steps for the Infrastructure Fund?

The federal government will begin discussions with its PT colleagues to negotiate amendments to the existing Canada-wide ELCC Agreements to provide the ELCC Infrastructure Fund. The amendments will provide PTs with additional funding to make further investments in child care infrastructure that support greater inclusion in the Canada-wide ELCC system for underserved communities.

Details on funding allocations have been communicated to PTs.

Q48: What projects are eligible to receive funding from the Infrastructure Fund?

The ELCC Infrastructure Fund will support activities associated with major and minor capital projects that increase inclusion, including but not limited to, planning, design, construction and renovations. Start-up costs such as business plans and feasibility studies are also eligible.

Eligible activities will also include infrastructure investments to increase the physical accessibility of ELCC spaces for children, parents, and staff with disabilities and physical infrastructure for ELCC operators providing care during non-standard hours, in recognition for the need for more flexible care for parents working in non-standard employment.

Q49: Who is eligible for funding?

The Fund will exclusively support not-for-profit and public ELCC providers in recognition of the barriers they face to access capital funding necessary to build and maintain appropriate facilities, especially inclusive spaces that support families in underserved communities.

Q50: Why does funding from the Infrastructure Fund prioritize not-for-profit and public ELCC providers?

Not-for-profit and public ELCC providers often face unique challenges to access the capital funding necessary to build and/or maintain appropriate facilities, especially inclusive spaces that support families in underserved communities.

Q51: There are unique infrastructure challenges in the North. Will the Fund take this into account?

The ELCC Infrastructure Fund has been designed to take into account the unique infrastructure challenges faced by the territories including the high cost of supplies, a shorter construction season, skilled workforce shortages, and a lack of municipal infrastructure, among other challenges that lead to higher costs to build and renovate child care spaces. This was done to ensure more equitable distribution of funding and to account for the North’s relative low population but significantly higher cost of infrastructure development.

The ELCC Infrastructure Fund will ensure equitable funding for all PTs, while also taking into consideration the unique infrastructure-related challenges faced by Northern communities.

Q52: What is the federal government doing to address ELCC infrastructure needs for Indigenous communities?

As part of broader investments announced in Budget 2021 to establish an Early Learning and Child Care system, Indigenous-specific infrastructure investments are available beginning in 2023 to 2024 to build and maintain new centres in communities. This funding will also begin to address capital needs in line with the distinctions-based community infrastructure plans, led by Indigenous Services Canada.

In keeping with the Indigenous ELCC partnership model, to enable Indigenous-led decision making, infrastructure funding is mainly allocated into 3 distinctions-based “funding envelopes” directed to First Nations, Inuit, and Métis Nation children and families.

A portion of funding is also available to the Aboriginal Head Start in Urban and Northern Communities (AHSUNC) program to support infrastructure needs.

Engagement with First Nations, Inuit and Métis governments and organisations is underway for major infrastructure funding to determine priorities for IELCC Infrastructure investments and a strategy to deliver them.

The total funding over 4 years is $420 million from 2023 to 2024, to 2027 to 2028; and $21 million ongoing, with a 3% annual escalator.

The Indigenous ELCC investments are to complement provincial-territorial investments and form an integral part of a Canada-wide ELCC system to increase the availability of high-quality, culturally appropriate and accessible programs and services to Indigenous peoples.

Major infrastructure projects can be cost-shared with other funders, can include partnerships with existing child care centres, or can look at expanding before-and after-school care in order to create new spaces or expand availability of programming to be inclusive of the diverse needs of families (e.g., after hours care).

If pressed on funding allocations for each province and territory

Over 4 years, PTs will receive the following amounts:

2023 to 2024 to 2026 to 2027 Allocations for Early Learning and Child Care Infrastructure Fund, by Province and Territory ($ millions)

Province / Territory	Total funding Over 4 years
NL	13.71
PEI	10.09
NS	19.77
NB	17.60
QC	123.28
ON	201.87
MB	30.39
SK	27.70
AB	78.55
BC	69.97
YK	10.50
NT	10.63
NU	10.95
Total	625.00

In the media (recent events)

Q53: In the context of a significant pediatric E. coli outbreak in Alberta daycares, which affected hundreds of children and their families, what is the Government of Canada doing to ensure that the implementation of its Canada-wide Early Learning and Child Care program puts the health and safety of children first?

The safety of children is the Government of Canada’s highest priority as we continue to work with the provinces and territories in implementing an affordable, accessible, quality and inclusive Canada-wide Early Learning and Child Care system. Each province and territory has established regulations and requirements for their licensed child care programs to operate within that to guarantee the safety of each child in care. Further, the enforcement of public health regulation is also a matter of provincial and territorial jurisdiction. Any changes to public health or child care regulations are determined by the provinces and territories as they have the responsibility to ensure the safety of the children living in their jurisdiction.

Q54: How many spaces have been created under the Canada-wide system since its inception? Are you on target to reach 250,000 spaces by March 31, 2026?

Under the Canada-wide agreements, all PTs (less Quebec, due to its asymmetrical agreement) are required to provide Canada with an annual report on progress made under the Agreements on October 1, following the end fo the previous fiscal year. The Federal Secretariat on ELCC is working to collect and compile the results achieved under the Canada-wide ELCC agreements, provided by provinces and territories. Following the review and compilation of the results achieved, the Secretariat will be able to report on progress in meeting targets committed to under the Canada-wide ELCC Agreements, including the number of net new spaces created.

If pressed on numbers previously reported

We will be in a position to provide updated numbers in the coming weeks and months as we focus on the transition from a notional number of spaces announced to actual results achieved by provinces and territories.

3. Backgrounder

3.a. State of play of Agreements

In this section

Fact Sheet: State of Play of Agreements

• Yukon
  • Funding
  • Affordability
  • Access
  • Quality
  • Implementation
  • Action Plan status
• Northwest Territories
  • Funding
  • Affordability
  • Access
  • Quality
  • Implementation
  • Action Plan status
• Nunavut
  • Funding
  • Affordability
  • Access
  • Quality
  • Implementation
  • Action Plan status
• British Columbia
  • Funding
  • Affordability
  • Access
  • Inclusion
  • Quality
  • Implementation
  • Action Plan status
• Alberta
  • Funding
  • Affordability
  • Access
  • Quality
  • Implementation
  • Action Plan status
• Saskatchewan
  • Funding
  • Affordability
  • Access
  • Quality
  • Inclusion
  • Implementation
  • Action Plan status
• Manitoba
  • Funding
  • Affordability
  • Access
  • Inclusion
  • Quality
  • Implementation
  • Action Plan status
• Ontario
  • Funding
  • Affordability
  • Access
  • Quality
  • Implementation
  • Action Plan status
• Quebec
  • Funding
  • Implementation
  • Action Plan status
• New Brunswick
  • Funding
  • Affordability
  • Access
  • Quality
  • Implementation
  • Action Plan status
• Nova Scotia
  • Funding
  • Affordability
  • Access
  • Quality
  • Implementation
  • Action Plan status
• Prince Edward Island
  • Funding
  • Affordability
  • Access
  • Quality
  • Implementation
  • Action Plan status
• Newfoundland and Labrador
  • Funding
  • Affordability
  • Access
  • Quality
  • Implementation
  • Action Plan status

Fact Sheet: State of Play of Agreements

Yukon

Funding^{Footnote 1}

2021 to 2026 Canada-wide Agreement signed July 23, 2021. Original funding announced: $41.7M.

2021 to 2025 Extension Agreement signed August 12, 2021. Original funding announced: $10.2M and an additional $2.5M in one-time workforce funding in 2021 to 2022.

Affordability

Prior to the signing of the Canada-wide Agreement, Yukon had already implemented a $10‑a‑day child care system in April 2021 under Yukon government’s universal early learning and child care (ELCC) program.

Access

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

Quality

Wages and benefits

Yukon’s mandatory wage scale was introduced in April 2021, prior to the signing of the Canada-wide Agreement. It provided the highest minimum early childhood educator (ECE) wages in Canada at that time. Yukon’s wage scale is adjusted annually on April 1st by the increase to the minimum wage in the territory.. Yukon’s ECE wage grid currently continues to offer some of the highest wages in Canada, with the support of the Canada-wide funding.

On April 1, 2022, Yukon launched the Early Learning and Child Care Benefits Funding program that enables employers to select and offer a comprehensive benefits package to ECEs, retroactive from April 1, 2021.

Other initiatives

In May 2023, the Government of Yukon signed an agreement with the Yukon First Nation Education Directorate and their Early Years Program. Designed and delivered by Yukon First Nations, the “Understanding the Early Years” course will be offered in Whitehorse and in rural communities, with special focus on communities that have limited access to professional development.

In August 2022, support for ECEs employed in licensed programs was announced for continued learning and development opportunities through a new web hub, bursaries, and professional development. Yukon also launched an accelerated education pathway for ECEs to increase the percentage of fully qualified ECEs.

In fall 2021, Yukon announced its Cultural Enhancement Funding to develop programs focused on Yukon First Nations, placed based outdoor learning, francophone language and culture and languages and cultures of other diverse populations.

Implementation

The Yukon Canada-wide Implementation Committee has met twice, in July and November 2022, to discuss implementation actions to date and challenges with partners and stakeholders.

Action Plan status

The 2023 to 2024, to 2025 to 2026 Canada-wide Action Plan has not yet been announced.

Northwest Territories

Funding

2021 to 2026 Canada-wide Agreement signed December 15, 2021. Original funding announced: $51.2M.

2021 to 2025 Extension Agreement signed August 9, 2021. Original funding announced: $10.3M and $2.6M in one-time workforce funding in 2021 to 2022.

Affordability

In February 2023, the Government of the Northwest Territories announced an increase in the Child Care Fee Reduction subsidy to providers, who will receive 60% of their average fees subsidized by the territory effective April 1. This follows the March 2022 announcement where the Northwest Territories reduced child care fees by 50%, retroactive to January 1, 2022 ahead of the December 2022 target.

In the same month the Government of the Northwest Territories announced that licensed programs will be able to increase their fees by 2% to 6%, depending on the total fee rates being charged by that program for infant and preschool spaces, and by a flat rate of $10 per month for out-of-school, effective April 1, 2023. This responds to public outcry from operators displeased with the 2.3% fee cap imposed on operators wishing to receive Canada-wide funding.

In September 2023, Government of Northwest Territories redirected 2023 to 2024 Canada-wide funding toward a temporary emergency relief measure to support families, providers and ECEs affected by wildfire evacuations. For the month of September, Government of Northwest Territories offered 100% of the Child Care Fee Reduction (CCFR) subsidy, instead of the 60% that is currently covered by the federal envelope.

Access

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

Quality

In spring 2023, the Government of the Northwest Territories undertook engagement with Indigenous partners and stakeholders on the development of a certification process and a What We Heard report was produced to address the fact that there is no certification process in the territory. The Northwest Territories have committed to increase ECE certification to 30% by 2025 to 2026 and 60% by 2030-2031.

In October 2022, the Government of the Northwest Territories and the Government of Canada announced a $4.6 million investment in wage enhancements for ECEs between 2022 to 2023 and 2023 to 2024 to support recruitment and retention of educators. The two-year transitional funding is intended to enhance wages for educators until the implementation of a wage grid in 2024 to 2025.

The Northwest Territories has also committed to increase opportunities for education and training, and professional learning opportunities.

Implementation

In December 2022, the Northwest Territories held the first bilateral Implementation Committee. In February 2023, the territory held an engagement session with the Northwest Territories’ Early Childhood Association and several day home operators. The Government of Canada was invited and this fulfilled the second Implementation Committee meeting with stakeholders and partners.

The next Implementation Committee meeting with stakeholders is scheduled on October 4, 2023 and a bilateral Implementation Committee meeting will take place on October 11, 2023.

Action Plan status

The 2023 to 2024, to 2025 to 2026 Canada-wide Action Plan has not yet been announced.

Nunavut

Funding

2021 to 2026 Canada-wide Agreement signed January 23, 2022. Original funding announced: $66.1M.

2021 to 2025 Extension Agreement signed August 13, 2021. Original funding announced: $10M and $2.8M in one-time workforce funding in 2021 to 2022.

Affordability

On November 17, 2022, the Governments of Nunavut and Canada announced that preschool-aged children at licensed child care centres and licensed home day cares would be able to access child care for $10-a-day as of December 1, 2022. Nunavut became the first jurisdiction to achieve the $10-a-day target under the Canada-wide system.

On January 24, 2023, the Government of Nunavut and Canada announced that since the implementation of the $10-a-day care, families in Nunavut could save up to $55 per day for each child in care, when compared to previous rates.

Access

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

Quality

Nunavut plans on implementing a wage scale to replace their current recruitment and retention fund that provides wage enhancements for ECEs. Nunavut has also committed to support the expansion of a culturally relevant ELCC sector workforce through recruitment, retention, and additional training (including first aid) opportunities.

Implementation

In 2022, the first Implementation Committee meeting (bilateral session) took place on May 16 and a second meeting with partners and stakeholders, namely Nunavut Tunngavik Inc., occurred on June 15, 2022. Another session with partners and stakeholders took place on December 6, 2022, and a subsequent bilateral session on December 15, 2022.

In 2023, an Implementation Committee meeting was held on June 23, 2023, and included both a bilateral and a partners session with Nunavut Tunngavik Inc.

Action Plan status

The 2023 to 2024, to 2025 to 2026 Canada-wide Action Plan has not yet been announced.

British Columbia

Funding

2021 to 2026 Canada-wide Agreement signed July 8, 2021. Original funding announced: $3.2B.

2021 to 2025 Extension Agreement signed August 12, 2021. Original funding announced: $272.3M and an additional $48.8M in one-time workforce funding in 2021 to 2022.

Affordability

On December 2, 2022, British Columbia announced that through a combination of child care fee reductions and the conversion of 10,500 spaces into $10 a Day spaces (increasing to 12,500 by early 2023), fees in the province were reduced by 50% on average.

On January 31, 2023, British Columbia announced that an additional 725 child care spaces joined the $10 a Day ChildCareBC program in February 2023, bringing the number of spaces to more than 12,700 and helping families across the province save thousands of dollars per year.

Access

Many space creation projects have been announced in the past year by the province of British Columbia and British Columbia municipalities.

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

Quality

In August 2023, British Columbia announced funding to support the translation of educational documents, such as school transcripts and course descriptions, into English to support certification.

In May 2023, British Columbia announced it was accelerating the expansion of early childhood education programs so more than 1,300 people will have the opportunity to access this education over the next 3 years, with public post-secondary spaces in BC expected to increase by approximately 50%.

In April 2022, British Columbia announced the expansion of the provincially-funded $4/hour wage enhancement to include all ECEs employed in ELCC facilities, including those in administrative roles / not directly working with children.

In February 2022, British Columbia announced ECE recruitment and retention initiatives, including bursaries, peer mentorship programs, inclusion support, etc.

British Columbia has also committed to develop and implement a wage grid for ECEs.

Inclusion

On February 3, 2023, British Columbia announced additional investments in the Supported Child Development and Aboriginal Supported Child Development programs. An additional investment of $31.8 million provided through BC’s Canada-wide and bilateral extension agreements will ensure children with support needs are receiving inclusive child care, and that more child care providers will be trained to provide these services.

Implementation

In 2022, the first Implementation Committee meeting took place on July 8, 2022, and included both a bilateral, and a partners and stakeholders session. The second Implementation Committee meeting was held on October 4, 2022, and also included both a bilateral, and a partners and stakeholders session.

In 2023, the first Implementation Committee meeting with partners and stakeholders was held on September 7, 2023. The bilateral session will be scheduled in the coming weeks.

British Columbia is also engaging with First Nations partners on First Nations-led child care and exploring options for tripartite collaboration. Similarly, British Columbia has been working with Métis partners to expand Indigenous-led child care.

Action Plan status

The 2023 to 2024, to 2025 to 2026 Canada-wide Action Plan has not yet been announced.

Alberta

Funding

2021 to 2026 Canada-wide Agreement signed November 14, 2021. Original funding announced: $3.8B.

2021 to 2025 Extension Agreement signed July 23, 2021. Original funding announced: $235M and $56M in one-time workforce funding in 2021 to 2022.

Affordability

Alberta achieved an average fee reduction of 50% on average in January 2022. Families earning under $180,000 benefit from additional subsidies.

Access

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

Quality

Key elements in the agreements related to early childhood educators:

Wages and benefits

Effective January 1, 2023, the existing wage top-ups for all paid hours increased by up to 2 dollars per hour. All employed ECEs with claimed hours in October and November 2022 who continued to work in December were also eligible to receive a one-time payment.

Effective October 1, 2022, all paid hours worked by front-line certified ECEs are eligible for existing wage top-ups. This expansion to wage top-ups will now include indirect time as well as employer-paid vacation time.

Education and training

$1.5 million in federal funding was provided for in-person and virtual workshops to early childhood educators working in licenced child-care centres to enhance their knowledge of the social and emotional needs of children up to 12 years old.

$5.2 million provided to the Association of Early Childhood Educators of Alberta (AECEA) and the Alberta Resource Centre for Quality Enhancement (ARCQE) to give early childhood educators opportunities to enhance their understanding of early childhood brain science and childhood development.

Implementation

On January 31, 2023, Canada and Alberta announced a Cost Control Framework and For-Profit Expansion Plan. The Cost Control Framework applies to both not-for-profit and for-profit operators to ensure the sound and reasonable use of public funds under the Canada-Alberta Canada-wide Early Learning and Child Care Agreement. This allows for a total of 22,500 for-profit spaces to be created in addition to the 3,700 for-profit and 42,500 not-for-profit spaces previously committed to in the Canada-Alberta Canada-wide Agreement. This means Alberta has committed to creating 68,700 new child care spaces by March 2026.

Implementation Committee meetings with Alberta and stakeholders have taken place as follows:

• Meeting 1: June 27, 2022
• Meeting 2: December 9, 2022; and
• Meeting 3: September 28, 2023

Action Plan status

Alberta submitted a draft 2023 to 2024, to 2025 to 2026 Canada-wide and Bilateral Agreement Action Plan on September 26, 2023. The draft action plan is still under negotiations.

Saskatchewan

Funding

2021 to 2026 Canada-wide Agreement signed August 13, 2021. Original funding announced: $1.1B.

2021 to 2025 Extension Agreement signed August 13, 2021. Original funding announced: $68.5M and $17.2M in one-time workforce funding in 2021 to 2022.

Affordability

Saskatchewan achieved $10-a-day licensed child care under the Canada-wide system effective April 1, 2023.

Access

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

Quality

One-time grant to regulated and operational child care centres to assist them in recruiting and retaining qualified ECEs (March 2022); wage increase for ECE of $1 to $5/hour (November 2021, September 2022 and September 2023); creation of 3 new Early Years Family Resource Centres in the communities of Lloydminster, Swift Current and Weyburn (March 2022); free training and tuition supports for the ELCC workforce through partnerships with Collège Mathieu, Saskatchewan Indian Institute of Technologies (SIIT) and Saskatchewan Polytechnic (Sask Polytech) (August 2022); grant funding for preventative maintenance and repair of facilities and for the purchase of equipment and materials to encourage outdoor physical activity and winter play (January, 2023); and funding to increase access to training and professional development opportunities for ECEs (June 2023).

Inclusion

Grants to benefit families with vulnerable children and children experiencing disability (March 2022), additional inclusion grants to 3 Saskatchewan programs aimed at improving inclusion initiatives in child care (skills training specific to caring for children with medically complex needs under the age of six, 2 developmental consultant roles, and 5 child care facilitator positions in Early Years Family Resource Centres across the province) (May 2022); and specific supports for children who require intensive support to attend ELCC programs, supporting an additional 150 preschool-aged children for the 2022 to 2023 school year (November 2022).

Implementation

The Canada-wide Implementation Committee has held 3 Implementation Committee meetings (June 13, 2022; October 25, 2022; May 24, 2023). Each featured over 25 stakeholders and feedback captured was very positive, particularly on the issues of affordability and increased wages for ECEs, but included concerns related to the ELCC workforce and the plans for rapid space expansion.

Action Plan status

The 2023 to 2024, to 2025 to 2026 Canada-wide Action Plan has not yet been announced.

Manitoba

Funding

2021 to 2026 Canada-wide Agreement signed August 9, 2021. Original funding announced: $1.2B.

2021 to 2025 Extension Agreement signed February 22, 2022. Original funding announced: $78.8M, and $19.2M in one-time workforce funding in 2021 to 2022.

Affordability

Manitoba achieved an average of $10-a-day child care effective April 2, 2023 for children age 6 and under in regulated care – 3 years ahead of the broader Canada-wide objective. Note that the inclusion of 6-year-olds is unique among all PTs, and reflects Manitoba’s broader education system.

Access

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

Inclusion

On April 27, 2023, Manitoba announced funding to implement the Abecedarian approach at a centre - an evidence-based early childhood intervention that improves developmental and learning outcomes for children in high-risk communities.

Quality

Manitoba announced more than $30 million to create new opportunities for ECE education and professional development (June 2023); Manitoba announced one-time grant funding for 3 new quality enhancement grants: the Quality Early Learning and Environments Grant, the Innovative Recruitment and Retention Grant, and the Enhancing Diversity and Inclusion Grant (February 2023).

Manitoba introduced a wage grid for educators based on level of training and experience retroactive to July 1, 2022, and updated effective July 2023. The province also announced tuition reimbursement for ECEs on October 27, 2022.

Implementation

Two Canada-wide Implementation Committee meetings have taken place (November 25, 2022, and June 15, 2023), meetings included feedback from members of Manitoba’s Minister’s Consultation Table, representatives from the Manitoba Child Care Association, a representative from Fédération des parents de la francophonie manitobaine, Manitoba’s Child Care Parent Advisory Committee and Manitoba’s Child Care Qualifications and Training Committee. Topics of discussion included: affordability, workforce, space creation and inclusion. Manitoba officials touched briefly on progress to date under each topic but focused primarily on work underway and next steps.

Action Plan status

On August 1, 2023, Canada and Manitoba announced the signing of new ELCC action plans to continue strengthening and expanding Manitoba’s child-care sector, improving access to high-quality, affordable child care for Manitoba families.

A new three-year action plan, signed as part of the Canada-Manitoba Canada-wide Early Learning and Child Care Agreement, sets out plans for the remainder of the estimated $1.2 billion the federal government is providing over 5 years for child care in the province.

A new two-year action plan sets out plans for the remainder of the estimated $78 million the federal government is providing over 4 years under the Canada-Manitoba Early Learning and Child Care Agreement.

Ontario

Funding

2021 to 2026 Canada-wide Agreement signed March 27, 2022. Original funding announced: $10.2B.

2021 to 2025 Extension Agreement signed August 13, 2021. Original funding announced: $764.5M and $150M in one-time workforce funding in 2021 to 2022. Note: These agreements have not been formally announced nor published online.

Affordability

As of December 31, 2022, child care fees at licensed child care operators that have enrolled in the Canada-wide system have been reduced by an average of 50% (compared to 2020 levels).

Access

Approximately 86,000 new high-quality child care spaces for children 5 years old and younger will be created by December 31, 2026 in Ontario. The province released updated space allocations to municipalities in May 2023, showing how it will meet its objective for new spaces to be created by 2026. Final annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

Quality

Ontario introduced a wage floor on April 1, 2022, that raises wages to $18/hour for Registered ECEs and to $20/hour for Registered ECE Supervisors employed by licensed providers participating in the Canada-wide ELCC System. Since January 1, 2023, an additional annual increase of $1/hour is provided to eligible staff at or above the wage floor, up to a maximum of 25$.This raises the wage floor to $19/hour for Registered ECEs and $21/hour for Registered ECE supervisors and home care visitors in 2023.

Implementation

The bilateral portion of the 2023 spring Implementation Committee meeting with Ontario took place on May 23, 2023. It provided officials with the opportunity to discuss enrollment to the Canada-wide ELCC system, funding guidelines, space creation, workforce, and inclusion.

The stakeholder portions of the Implementation Committee took place on May 31 and June 1. Key remarks from stakeholders centered on the ELCC workforce.

Ontario also undertook consultation sessions with the child care sector on access and inclusion priorities, the early years and child care workforce, on Ontario’s pedagogy for the early years and consulted on its new draft funding formula for 2024 and beyond.

Action Plan status

Ontario signed its Canada-wide ELCC agreement on March 27, 2022. Given the late signing of the agreement, Ontario has a two-year action plan for the Canada-wide ELCC Agreement which covers 2022 to 2023 to 2023 to 2024. The Canada-wide Action Plan for the following years has not yet been negotiated.

Quebec

Funding

2021 to 2026 Canada-wide Agreement signed August 5, 2021. Original funding announced: $6B.

2021 to 2025 Extension Agreement signed September 20, 2022. Total funding per the agreement: $448M and $90M in one-time workforce funding in 2021 to 2022. Note that these agreements have neither been announced nor published online.

Implementation

Quebec has asymmetrical agreements on ELCC given the province already has an affordable and well-established system. As such, it is not required to have either a federal-provincial action plan or an implementation committee.

Action Plan status

Not applicable; asymmetrical agreement.

New Brunswick

Funding

2021 to 2026 Canada-wide ELCC Agreement signed December 12, 2021. Original funding announced: $492M.

2021 to 2025 Extension Agreement signed August 13, 2021. Original funding announced: $48.1M and $9.3M in one-time workforce funding in 2021 to 2022.

Affordability

New Brunswick achieved a 50% average fee reduction on June 1, 2022, 6 months ahead of schedule, and implemented a Standardized Parent Fee Grid that sets the fees operators can charge parents. Their Parent Subsidy program has also been adapted to reflect the new low-fee model and will continue to support low- and middle-income families by further reducing out-of-pocket costs.

Access

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

On March 23, 2022, New Brunswick announced updates to its online Parent Portal, which now allows parents to enroll their children in child care online.

On November 1, 2022, a new space creation policy for designated facilities came into effect to prioritize not-for-profit facilities and infant spaces, including home child care, and a needs-based process to support responsible growth of the sector. This is part of New Brunswick’s new Space Creation Strategy.

New Brunswick also announced an expansion to the parent Subsidy Program to include newcomers.

Quality

On June 29, 2022, New Brunswick announced that inclusion support workers will receive an increase in hourly wages, matching their compensation with ECEs.

On November 1, 2022, New Brunswick implemented an ECE wage grid which operates as a wage floor; operators may choose to pay educators more than the amounts laid out in the grid. The maximum wage for a Level 1 educator aligns with the previously announced wage increase for trained educators ($25.16/hr), while the maximum wage for an Entry Level educator is the same as the previously announced wage increase for untrained educators ($17.90/hr).

Implementation

Two Canada-New Brunswick Canada-wide ELCC Implementation Committee meetings took place in 2022 (May 6, 2022, and December 9, 2022). Another Implementation Committee meeting took place on June 9, 2023. Discussions focused on progress towards achieving the objectives of the Canada-wide Early Learning and Child Care Agreement, including affordability, access, quality, the Early Childhood Educator workforce, and inclusion initiatives.

Action Plan status

The 2023 to 2024, to 2025 to 2026 Canada-wide Action Plan has not yet been announced.

Nova Scotia

Funding

2021 to 2026 Canada-wide ELCC Agreement signed July 13, 2021. Original funding announced: $605M.

2021 to 2025 Extension Agreement signed July 9, 2021. Original funding announced: $58M and $10.9M in one-time workforce funding in 2021 to 2022.

Affordability

Nova Scotia announced it would achieve an average 50% reduction in child care fees on November 28, 2022, which was implemented on December 31, 2022.

Access

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

Quality

On October 11, 2022, a new wage scale for ECEs was announced, which included a wage increase in the range of 30% for most of the 2,600 ECEs, retroactive to July 4, 2022. ECEs received a 3% wage increase on April 1, 2023, and future raises will be in line with public sector wage increases. On February 18, 2022, Nova Scotia announced additional funding for operators to offset the 25% parent fee reduction and a one-time grant to support rising operational costs.

Nova Scotia more than doubled the daily funding amount for infant spaces to $10/day for both centres and family homes, as announced in February 2023. The new Advanced Practitioner Program was launched, and saw the first graduates in summer 2023, who will be receiving an hourly wage premium. On May 20, 2022, Nova Scotia launched the Minister’s ELCC Engagement Table, to provide direct input and guidance on next steps in the province’s plan to transform child care.

Implementation

The first Canada-wide Implementation Committee meeting for the 2022 to 2023 fiscal year took place on June 14, 2022, and the second took place on November 30, 2022. The first meeting of the 2023 to 2024 fiscal year took place on June 15, June 19, and August 25, 2023, for the bilateral, English stakeholder and French stakeholder sessions respectively. Discussions focused on progress towards achieving the objectives of the Canada-wide Early Learning and Child Care Agreement, including: affordability, access, quality, the Early Childhood Educator workforce, and inclusion initiatives.

Not-For-Profit Transition: Nova Scotia intended to transform its entire ELCC sector to publicly delivered child care as part of the Canada-wide Action Plan. This transition was met with concerns from for-profit providers, who currently make up approximately 56 percent of providers. All existing child care operators were offered funding agreements for 2022 to 2023, and 2023 to 2024, as in past years. Nova Scotia is now offering a voluntary transition program, for those operators that want to change their operating model, or for closing centres so as to prevent the loss of spaces.

Action Plan status

The 2023 to 2024, to 2025 to 2026 Canada-wide Action Plan has not yet been announced.

Prince Edward Island

Funding

2021 to 2026 Canada-wide ELCC Agreement signed July 27, 2021. Original funding announced: $117.7M and $3.6M in one-time workforce funding in 2021 to 2022.

2021 to 2025 Extension Agreement signed August 12, 2021. Original funding announced: $16M.

Affordability

On October 4, 2023, Prince Edward Island announced the province will be expanding 3 grants for Family Home Child Care Centres: the Family Home Centre Capital Grant; Family Home Centre Operational Grant; and Family Home Centre Licensing Incentive.

Prince Edward Island’s 2023 Speech from the Throne and Budget committed to expediting the reduction of fees to a capped fee of $10 a day for all children enrolled in designated Early Years Centres before the end of 2023, which is one year earlier than the Province’s 2021 to 2022, to 2022 to 2023 Action Plan goal of an average of $10/day by the end of 2024.

On December 16, 2022, Prince Edward Island announced that they reached the shared goal of a 50% reduction in child care fees by implementing $20-a-day parent fees, combined with provincial subsidies to eligible families and the expansion of the publicly-funded pre-kindergarten program.

On February 4, 2022, and again on November 8, 2022, Prince Edward Island announced new financial support available for people who provide child care in their home and want to be licensed to operate as a family home centre.

Access

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

Quality

On August 21, 2023, Prince Edward Island announced wage increases for ECEs and staff at designated Early Years Centres, effective October 1, 2023. Prince Edward Island also announced that the province will develop a defined contribution pension plan.

On December 16, 2022, Prince Edward Island announced wage increases for staff at Early Years Centres, including for ECEs, effective October 1, 2022.

On November 8, 2022, Prince Edward Island announced further support for licensed home child care centres in the form of grants and incentives to reduce parent fees, fund wages and professional development, and purchase supplies.

On February 18, 2022, Prince Edward Island launched a new one-time Return to the ECE Profession Grant of $5,000, to support the early childhood workforce and to help recruit ECEs back to the sector.

Implementation

The first Canada-wide Implementation Committee meeting for the 2022 to 2023 fiscal year took place on August 30, 2022, and the second took place on November 29, 2022. The first meeting of the 2023 to 2024 fiscal year took place on June 13, 2023. Discussions focused on progress towards achieving the objectives of the Canada-wide Early Learning and Child Care Agreement, including: affordability, access, quality, the Early Childhood Educator workforce, and inclusion initiatives.

Action Plan status

The 2023 to 2024, to 2025 to 2026 Canada-wide Action Plan has not yet been announced.

Newfoundland and Labrador

Funding

2021 to 2026 Canada-wide ELCC Agreement signed July 28, 2021. Original funding announced: $306M.

2021 to 2025 Extension Agreement signed July 28, 2021. Original funding announced: $35M and $6.5M in one-time workforce funding in 2021 to 2022.

Affordability

Newfoundland and Labrador implemented $10-a-day for regulated child care effective January 1, 2023.

Access

Annual numbers related to spaces created will be finalized as part of the jurisdiction's requirement to provide Canada an annual report on results achieved.

To further support the creation of regulated child care spaces, the province has expanded funding under the Child Care Capacity Initiative Program and the Family Child Care Capacity Initiative, and funding has also been expanded to Family and Child Care Connections to increase capacity for regulated child care providers caring for children in their own homes in all regions of the province.

Quality

Newfoundland and Labrador implemented an ECE Wage Grid on April 1, 2023, retroactive to January 1, 2023. The wage grid has a base rate of $25 an hour for Level II ECEs who hold a two-year diploma, which is the starting rate for a new graduate.

On September 13, 2023, Newfoundland and Labrador announced an Early Childhood Educator Recruitment and Retention Grant to provide funding to recruit and retain Level I to IV ECEs to become certified and work in regulated child care services.

On August 23, 2023, Newfoundland and Labrador announced that a bonus of $5,178 has been created, effective April 1, 2023, to support recruitment and retention of certified francophone ECEs.

As of August 15, 2022, Newfoundland and Labrador’s Early Childhood Learning Framework (Navigating the Early Years [PDF- 35.4 MB ]) is a requirement in legislation.

On July 12, 2022, Newfoundland and Labrador announced a new Early Childhood Education Needs-Based Incentive Grant to provide eligible students in approved programs with non-repayable grants of up to $10,000.

Newfoundland and Labrador established an ELCC Minister’s Advisory Committee in February 2022.

Implementation

The first Canada-wide Implementation Committee meeting for the 2022 to 2023 fiscal year took place on July 26, 2022, and the second took place on November 16, 2022. The first meeting of the 2023 to 2024 fiscal year took place on June 21, 2023. Discussions focused on progress towards achieving the objectives of the Canada-wide Early Learning and Child Care Agreement, including: affordability, access, quality, the Early Childhood Educator workforce, and inclusion initiatives.

Action Plan status

The 2023 to 2024, to 2025 to 2026 Canada-wide Action Plan has not yet been announced.

3.b. Bill C-35 – Backgrounder

Issue

Bill C-35, the proposed Canada Early Learning and Child Care Act, was introduced in the House of Commons on December 8, 2022.

Pre-tabling Engagement

The contents of Bill C-35 were informed by pre‑tabling engagement that took place from early January to the end of March, 2022 with:

• provincial and territorial governments
• approximately 50 Indigenous partners and organizations, including national and regional First Nations, Inuit and Métis Nation leadership; Modern Treaty and Self‑Government Agreement Holders; and other national and regional Indigenous organizations; and
• nearly 70 ELCC national or regional stakeholder organizations and experts

In addition to the pre-tabling engagement process, direct meetings were also held with several Indigenous partners at their request to discuss the proposed legislation in more detail, and the Bill was discussed at the July 2023 FPT meeting of Ministers most Responsible for ELCC.

Based on the feedback received during the pre-tabling engagement process, a number of key themes emerged, including:

• Indigenous partners highlighted that the legislation should include specific language respecting Aboriginal and treaty rights. In addition, they highlighted the importance of culturally appropriate ELCC and the need for long term, sustained funding
• Provinces and territories emphasized the importance of respecting their jurisdiction in the ELCC space, and the need to include explicit commitments to ongoing, long-term funding in the legislation
• Experts and stakeholders underscored the need to tie conditions to the federal funding provided to Provinces and Territories, clearly define the principles that will be enshrined in the legislation and establish a long-term federal funding commitment. Many experts and stakeholders also highlighted the importance of regular public reporting to support accountability

Overview of the Bill

The proposed Canada Early Learning and Child Care Act would:

• reinforce 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
• enshrine the Government of Canada’s commitment to sustained and ongoing funding for provinces, territories, and Indigenous peoples
• enhance accountability through federal reporting on progress towards an early learning and child care system; and
• establish in law the National Advisory Council on Early Learning and Child Care, which would provide advice to the Government of Canada and serve as a forum for consultation on issues and challenges facing the early learning and child care sector

Relationships with provinces, territories and Indigenous peoples

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. The proposed Act would not impose any conditions or requirements upon provincial and territorial governments, or Indigenous peoples. That said, provinces, territories, and Indigenous organizations and governing bodies would benefit from the greater predictability and assurance of a federal commitment to early learning and child care.

The legislation would complement, 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 would demonstrate 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 proposed Act would include 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 such a system.

The legislation 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.

Federal vision for a Canada-wide system

The Government has made significant investments to help build a Canada-wide early learning and child care system: more than $30 billion over 5 years when Indigenous early learning and child care is included. The proposed Canada Early Learning and Child Care Act would reinforce 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 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 early learning and child care.

3.c. Indigenous Early Learning and Child Care Framework

Issue

• In recent Senate debate on Bill C-35, questions were raised on the extent of collaboration in the co-development of the Framework and if all Indigenous communities were equally represented. The risk of “homogenizing diverse Indigenous cultures into a singular narrative” was expressed
• This note provides additional information about the co-developed Indigenous Early Learning and Child Care (ELCC) Framework and the comprehensive engagement process that informed it

Background

• In September 2018, the Government of Canada, the Assembly of First Nations (AFN), Inuit Tapiriit Kanatami (ITK) and the Métis National Council (MNC) endorsed and jointly released the co-developed Indigenous ELCC Framework
• The Framework represents the Government of Canada and Indigenous people’s work to co-develop a transformative Indigenous framework that reflects the unique cultures, aspirations and needs of First Nations, Inuit and Métis children across Canada
• The Framework is informed by an extensive body of work by expert working groups, reports and engagement processes on early childhood development and child care over many years, and was co-developed with Indigenous partners following a comprehensive engagement process undertaken in 2017
• The Indigenous Early Learning and Child Care Framework and the Multilateral Early Learning and Child Care Framework complement one another. The Multilateral Framework was signed in June 2017 by the Federal, Provincial and Territorial Ministers Responsible for Early Learning and Child Care; and together these guide the building of an inclusive Canada-wide early learning and child care system

Key facts

• The Framework was informed by comprehensive engagement undertaken in 2017 by the Government and Indigenous partners. Over 100 engagement activities were conducted across the country by Indigenous organizations and the Government of Canada, reaching over 3,000 participants through town halls, regional and national meetings, and online surveys
• The Indigenous ELCC Framework captures the views and recommendations of the many Indigenous peoples that participated in the engagement and is a guide for the provision of ELCC services to all Indigenous peoples
  • The engagement sessions, events and activities were led by dozens of national, regional and community-level Indigenous governments and organizations, as well as by the Government of Canada
  • To hear the voices of a variety of people who participate in the complex system of Indigenous ELCC at many levels, the engagements invited a broad range of input from individuals, communities and families, including early childhood educators, service providers, and Indigenous leadership, governments and Elders
  • This process sought to inform a more comprehensive understanding of existing Indigenous ELCC systems and programs in order to identify their strengths and service gaps, and to articulate a vision that will guide innovative and culturally appropriate approaches for Indigenous ELCC
• In addition to an overarching vision and principles, the Indigenous ELCC Framework includes 3 distinctions-specific Frameworks for First Nations, Inuit and Métis
  • The First Nations Framework envisions a system of diverse, high-quality programs and services that lays the foundation for the health and well-being of First Nations children, provides choices for families, and revitalizes and supports the cultural continuity of First Nations communities and nations
  • The Inuit Framework identifies early learning and child care as an opportunity for cultural revitalization that can connect Inuit with their land, culture, language, and histories. Inuit early learning and child care is also a significant step towards self-determination and reconciliation
  • The Métis Nation Framework identifies a vision for early learning and child care in which Métis children and families throughout the Homeland are provided with culturally relevant, self-empowering early learning and child care programming and services that focus on the development and maintenance of strong Métis families and communities across the lifespan, beginning at birth
• To advance the co-developed Framework with Indigenous partners, federal investments are being directed by approximately 60 Indigenous ELCC National and Regional Partnership Tables and/or bilateral arrangements to:
  • Expand access to culturally appropriate programs and services and build on the foundations of existing Aboriginal Head Start and First Nation and Inuit Day Care programming, based on Indigenous-led ELCC funding allocations, workplans and priorities; and
  • Enable Indigenous-led systems through dedicated investments in governance, partnerships and capacity building to ensure that Indigenous governments, along with provinces and territories, are full partners in the work ahead to establish and maintain a Canada-wide system
• In addition, agreements are being streamlined across federal departments as a first step to transferring programs and services to Indigenous control, where desired

Key messages

• Based on extensive engagement with Indigenous peoples and organizations at the national, regional and community level, the Indigenous ELCC Framework was co-developed and endorsed by the Government of Canada, the Assembly of First Nations (AFN), Inuit Tapiriit Kanatami (ITK), and the Métis National Council in 2018
• It recognizes the importance of implementing distinctions-based frameworks based on the rights, interests and circumstances of First Nations, Inuit and the Métis Nation. It also sets out principles and goals for Indigenous early learning and child care in order to better respond to and support the needs, responsibilities and aspirations of all Indigenous children and families across Canada regardless of where they live
• Bill C-35 would enshrine a commitment that federal investments for ELCC programs and services for Indigenous peoples would continue to be guided by the co-developed principles set out in the Indigenous ELCC Framework
• These 9 principles work together to collectively strengthen Indigenous ELCC by centering the importance of Indigenous knowledges, languages and cultures and acknowledging First Nations, Inuit and Métis determination as well as principles of access, inclusiveness and quality
• The Indigenous ELCC Framework is implemented through a National and Regional Partnership model by which Indigenous leaders are at the forefront of decision-making on early learning and child care priorities within their communities
• If adopted Bill C-35 would require the Government to continue to work in partnership with provinces, territories and Indigenous peoples to strengthen ELCC in Canada for all children, including Indigenous children

4. Access

4.a. Spaces created under ELCC

Issue

Creation of child care spaces for children aged 0 to 5^{Footnote 2} years old under the Canada-wide Early Learning and Child Care (ELCC) system.

Background

• The Government of Canada is making a transformative investment to build a Canada-wide ELCC System in partnership with provincial, territorial and Indigenous partners. Budget 2021 provided new investments of up to $30 billion over 5 years, including up to $27.2 billion specifically for provinces and territories (PTs) to build access to a high-quality, affordable, and inclusive early learning and child care system across Canada
• The previous Minister of Families, Children and Social Development’s 2021 Mandate Letter provided direction to conclude negotiations with PTs and to implement agreements to:
  • Reduce fees for regulated child care by 50% on average by the end of 2022 everywhere outside of Quebec
  • Reduce regulated child care fees to $10-a-day on average by the end of fiscal year 2025 to 2026 everywhere outside of Quebec; and
  • Build 250,000 new high-quality child care spaces by the end of fiscal year 2025 to 2026 (see Table 1 for details)
• As articulated in the Multilateral ELCC Framework, the Government of Canada recognizes that PTs have the primary responsibility for the design and delivery of ELCC systems within their jurisdictions, and that each PT government must determine its own priorities for ELCC. Federal investments in ELCC provide PTs with flexibility in how they seek to meet these objectives, including providing greater access to high-quality child care. Under the Canada-wide ELCC system, federal funding will be used to support the creation of 250,000 new regulated ELCC spaces by March 31, 2026
• The Governments of Canada and Quebec have entered into asymmetrical ELCC agreements, given that the province already has an affordable and well-established system. As such, Quebec is not subject to the same accountability and reporting requirements, and does not have action plans.
• Demand for child care has been increasing as parent fees decline. The lesson learned from the Quebec experience is that a measured, incremental transition to a low-cost child care system is essential to ensuring quality. As PTs implement the Canada-wide ELCC system, optimal coverage rates will vary along regional and jurisdictional lines. The federal government will continue to work with provincial and territorial governments to increase the supply of high quality spaces, train and recruit the early childhood educators, build infrastructure, and properly monitor the transition

Alberta’s Cost Control Framework

• Under the terms of the Canada-Alberta Canada-wide ELCC Agreement, a Canada-Alberta Implementation Committee worked to develop a For-Profit Expansion Plan and cost control framework to support the growth of additional regulated spaces by for profit licensed providers
• On January 31, 2023, Canada and Alberta announced a Cost Control Framework and For-Profit Expansion Plan for the province. The Cost Control Framework will apply to both not-for-profit and for-profit operators to ensure the sound and reasonable use of public funds under the Canada-Alberta Canada-wide ELCC Agreement. This announcement allows for 22,500 for-profit spaces to be created in addition to the 3,700 for profit and 42,500 not-for-profit spaces previously committed to in the Alberta-Canada Canada-wide ELCC Agreement. This means that Alberta has committed to creating a total of 68,700 spaces (42,500 not-for-profit and 26,200 for-profit) in the province by March 2026

Key facts

• The Government of Canada has signed agreements with every PT to deliver a Canada-wide ELCC system
• All PTs, except Quebec, have committed to achieve 5-year space creation targets that will amount to over 250,000 spaces across Canada by March 2026. Ontario and British Columbia have space creation targets beyond 2025 to 2026
• All PTs, except Quebec, have committed to develop and fund a plan to ensure diverse and/or vulnerable children and families have equitable access to spaces based on population proportion or assessed need

Key messages

• In their Canada-wide ELCC Agreements, provinces and territories committed to creating a combined total of over 275,000 child care spaces by March 31, 2026, including the for-profit spaces allocated under Alberta’s For-Profit Expansion Plan
• Provinces and territories, except Quebec, have also made commitments and plans to ensure that vulnerable children and families will have greater access to spaces
• Each agreement’s Action Plan has a 2-year space creation target, as well as a 5-year space creation commitment. This approach balances the Canada-wide objectives with the flexibility provinces and territories need to create spaces in line with their child care priorities, and community needs
• The new child care spaces will be predominantly among licensed not-for-profit, public, and family-based child care providers
• Provinces and territories will submit annual reports to the Federal Secretariat on ELCC to track the commitments set out in each agreement, including the number of new child care spaces^{Footnote 3}

If pressed on specific spaces created to date

Under the Canada-wide ELCC Agreements, all provinces and territories (less Quebec, due to its asymmetrical agreement) are required to provide Canada with an annual report on progress made under their Agreements by October 1, following the end of the previous fiscal year. The Federal Secretariat on ELCC is working to collect and compile the results achieved under the Canada-wide ELCC Agreements, provided by provinces and territories. Following the review and compilation of the results achieved, the Secretariat will be able to report on progress in meeting targets committed to under the Canada-wide ELCC Agreements, including the number of new spaces created.

If pressed on numbers previously reported

While we have previously provided information on the number of new ELCC spaces announced by provinces and territories, final results for new spaces created for the previous fiscal year through the Canada-wide ELCC Agreements are being provided through annual reports from jurisdictions. We will be in a position to provide updated numbers in the coming weeks and months as we analyze these reports.

If pressed on obstacles to accessing child care

• In 2022, the Survey on ELCC Arrangements (SELCCA), estimated that of the parents who were not using but looking for child care, 61% of parents indicated the difficulty was in finding affordable child care. Nearly 54% reported that lack of available child care in their community was another major barrier. Other significant barriers included: finding care during the COVID-19 pandemic (35%); finding licensed care (28%); and, child care that fits parents’ work/school schedule (25%)
• Difficulty finding child care can result in negative consequences for parents, including their ability to work. The same survey estimated that 42% of parents postponed their return to work due barriers in accessing child care

If pressed on Alberta’s Cost Control Framework

• The Canada-wide ELCC Agreements predominantly support not-for-profit, public, and family based child care providers, but given the unique ELCC landscape across the country, including in Alberta, Canada recognizes that licensed, for-profit child care will also play a role
• The Cost Control Framework and For-Profit Expansion Plan will ensure the sound and reasonable use of public funds in Alberta’s child care sector. With respect to for-profit operators, the plan builds on existing successful approaches to working with the private sector to increase spaces and quality, without creating unnecessary barriers to growth, innovation, and creativity in creating spaces
• The Cost Control Framework will guide how federal funds can be used to support the development of up to an additional 22,500 new child care spaces among Alberta’s licensed for-profit child care providers over the duration of the Canada-Alberta Canada-wide Early Learning and Child Care Agreement. These spaces are in addition to Alberta’s previous commitment to create 3,700 for-profit and 42,500 not-for-profit spaces in Alberta

Table 1: Space creation targets by province and territory in the Canada-wide ELCC Agreements

Province/Territory	Initial planned space creation by end of 2022 to 2023	Space creation commitment by end of 2025 to 2026	Space commitments beyond 2025 to 2026
Newfoundland and Labrador	1,645	5,895	n/a
Prince Edward IslandFootnote 4	452	452	n/a
Nova Scotia	4,000	9,500	n/a
New Brunswick	500	3,400	n/a
QuebecFootnote 5	n/a	30,000	n/a
Ontario	42,000	76,700	86,000 by end of 2026 calendar year
Manitoba	3,425	23,000	n/a
Saskatchewan	12,100	28,000	n/a
AlbertaFootnote 6	10,000	68,700	n/a
British Columbia	5,850	30,000	40,000 by 2027 to 2028
Yukon	50	110	n/a
Northwest Territories	75	300	n/a
Nunavut	30	238	n/a
Total	80,127 new spaces	276,295 new spaces	295,595 new spaces

4.b. Early Learning and Child Care Spaces Created for Indigenous Children

Issue

Budget 2021 committed to the creation of 3,300 new child care spaces for Indigenous children under the Canada-wide Indigenous Early Learning and Child Care (ELCC) system. This commitment was also reflected in the 2021 Mandate Letter for the Minister of Families, Children and Social Development.

Background

• As a part of Budget 2021, the Government of Canada made a transformative investment of over $27 billion over 5 years to establish a Canada-wide early learning and child care system
• Budget 2021 also provided new investments of $2.5 billion over 5 years to support Indigenous ELCC, including $420 million over 3 years (reprofiled in Budget 2023 to stretch over 4 years) starting in 2023 to 2024, and $21 million ongoing, to build and maintain new IELCC centres in additional communities
• This complements provincial-territorial investments and forms an integral part of a Canada-wide ELCC system to increase the availability of high-quality, culturally appropriate and accessible programs and services to Indigenous peoples
• Guided by the Indigenous ELCC Framework, these investments:
  • Enable Indigenous-led systems through dedicated investments in governance, partnerships and capacity building to ensure that Indigenous governments, along with provinces and territories, are full partners in the work ahead to establish a Canada-wide system
  • Expand access to culturally appropriate programs and services and build on the foundations of existing Aboriginal Head Start and First Nation and Inuit Day Care programming; and
  • Provide for renovations to older or sub-par Indigenous ELCC facilities and the construction of new facilities in Indigenous communities that are underserved or without existing Indigenous ELCC programs and services
• The Minister of Families, Children and Social Development’s 2021 Mandate Letter includes a commitment to work with Indigenous partners to ensure that Indigenous children have access to high quality and culturally appropriate Indigenous ELCC services in the communities in which they live, and to create 3,300 new child care spaces for Indigenous children across Canada
• Budget 2021 announced $515 million over 5 years, starting in 2021 to 2022, and $112 million ongoing, to support before- and after-school care (since updated to before- and after-school programming) for First Nations children on reserve. This investment is one component of the Government-wide announcement of $2.5 billion over 5 years to build on the existing distinctions-based approach to Indigenous Early Learning and Child Care, with a long-term investment in Indigenous-led programming

Key facts

• Through strong partnerships with Indigenous governments and organizations, federal funding for Indigenous ELCC is strengthening the quality of community-based culturally-appropriate programming, with investments reaching over 35,000 children in:
  • 463 child care sites in First Nations and Inuit communities;
  • 341 Aboriginal Head Start programs on-reserve; and,
  • 133 Aboriginal Head Start programs in urban and northern communities
• Engagement with First Nations, Inuit and Métis governments and organisations is underway for major infrastructure funding to determine priorities for IELCC Infrastructure investments and a strategy to deliver them
• These investments will help facilitate greater access to high quality, culturally appropriate ELCC programming for Indigenous children and families, and demonstrate progress against mandate commitments to create 3,300 new Indigenous ELCC spaces
• In addition to space creation, important priorities identified by Indigenous partners include:
  • culturally appropriate curriculum development, learning tools and linguistic revitalization programs to enable high-quality Indigenous ELCC programming in a variety of settings
  • training and retaining a skilled workforce to support culturally appropriate learning and care; and
  • immediate repairs and renovations of existing Aboriginal Head Start and Day Care sites to ensure safe, healthy, and enriching learning environments for young children
• Given the early stages of Budget 2021 implementation, comprehensive data on space creation is not available at this time. The Government of Canada has committed to work with First Nations, Inuit and the Métis Nation to co-develop results reporting approaches by March 2025, in order to demonstrate and assess progress towards the vision and goals of the Indigenous ELCC Framework
• While this co-development work is underway, Indigenous funding recipients are reporting annually through contribution agreements

Key messages

• The Government of Canada has made a public commitment to co-develop ELCC results frameworks with First Nations, Inuit, and Métis partners. These results frameworks will allow us to define shared outcomes and measure results, such as the number of new spaces created. This work is underway and will be completed by 2025
• A few highlights of progress include:
  • As an initial priority, many Indigenous partners have chosen to prioritize activities aimed at the development of culturally appropriate ELCC programs and services. The availability of Michif and Dene immersion programs for kindergarten students in Saskatchewan serves as an example of progress in this regard
  • Expanding access to Indigenous ELCC through the creation of new spaces and/or enhancement of existing spaces (e.g., conversion of part-time to full-time care models) is also a priority for Indigenous partners, and we are beginning to see early indicators of success in this area. For example:
    • Over the last 4 years, the Manitoba Métis Federation (MMF) has built 7 new child care centres, creating over 200 new child care spaces for Métis families in Manitoba. The MMF has a number of additional new centres planned and/or under construction
    • The Métis Nation British Columbia (MNBC) celebrated the opening of their new Island Métis childcare centre in March 2022, providing 52 culturally enriched daycare spaces for Métis families in the Victoria area. MNBC is working to develop new childcare spaces in collaboration with the province and educational institutions
    • The Northwest Territory Métis Nation opened a new childcare centre in Fort Smith in March 2023. These new spaces are in addition to their existing child care centre in Hay River, and a third centre is anticipated to open soon
    • Abegweit First Nation in Prince Edward Island has completed the construction of a new child care centre with space capacity for 32 children
    • Additional supports are now offered to parents through new funding for Before- and After-School Programming (BASP) that is being advanced by First Nations partners in communities across the country, with support from my colleague, the Minister of Indigenous Services. This new funding has the potential to expand access to Before and After School Programming for more than 45,000 eligible First Nations students ages 4 to 12 on reserve
• New investments in Indigenous ELCC infrastructure (i.e., $420 million over 4 years and $21 million per year ongoing) will become available in 2023 to 2024 to support Indigenous partners in building new child care centres. This new funding will enable progress toward our target of 3,300 new spaces

4.c. Inclusive access

Issue

Initiatives promoting greater inclusion within the Canada-wide Early Learning and Child Care (ELCC) system.

Background

• The Government of Canada made a transformative investment of over $27 billion over 5 years as part of Budget 2021 to build a Canada-wide ELCC system with provinces and territories (PTs)
• One of the objectives of the Canada-wide ELCC Agreements is to help address barriers to the provision of inclusive and flexible child care in provinces and territories (PTs). Truly inclusive ELCC systems value diversity, which could include, but is not limited to, the following populations:
  • Black and other racialized children
  • Children and families who are experiencing vulnerability
  • Children with varying abilities who may need enhanced or individual supports
  • Children living in low-income families
  • Indigenous children
  • Children of newcomers to Canada; or
  • Children in official language minority communities
• Through the ELCC Infrastructure Fund announced in Budget 2022, the Government of Canada is also providing $625 million from 2023 to 2024 to 2026 to 2027 to PTs to support infrastructure projects that promote greater inclusion in the Canada-wide ELCC system
• This funding will enable PTs to make further investments in child care infrastructure for underserved communities, such as:
  • Communities in rural and remote regions
  • High cost/low-income urban neighbourhoods; and
  • Communities with greater barriers to access, such as racialized, Indigenous, official language minority communities, and children, parents, and employees with disabilities
• The ELCC Infrastructure Fund can also be used to support physical infrastructure for ELCC operators providing care during non-standard hours of operation

Official language minority communities

• Budget 2023 provides $373.7 million over 5 years, starting in 2023 to 2024, to support new and enhanced federal initiatives under the Action Plan for Official Languages – 2023 to 2028: Protection, Promotion, Collaboration
• Budget 2023 commits to investments of $111.4 million for the pillar: “Official languages at the heart of Canadian identity”. Of the $111.4 million, an historic federal investment targeted to ELCC in Francophone minority communities under the Action Plan for Official Languages 2023 to 2028 includes $50 million over 5 years to create a network of early childhood stakeholders that will support cross-sectoral coordination in the implementation of specific initiatives for Francophone minority communities across Canada and $14.2 million over 5 years to the renewal and expansion of a training and capacity-building initiative for early childhood educators working in Francophone minority communities

ELCC innovation

• The ELCC Innovation Program supports innovative practices that strengthen the changing nature of ELCC
• In 2016, the Government of Canada began investing $100 million over 10 years to enable innovative practices in ELCC. The ELCC Innovation Program funds eligible organizations that support parents, families and communities in their efforts to ensure the best possible future for their children and families
• Since then, the ELCC Innovation Program funded 22 projects that are completed, and an additional 22 projects that are currently being delivered. Projects include pan-Canadian and community-based projects that:
  • develop knowledge, tools, methods, solutions, lessons learned and best practice
  • improve results and strengthen the impact of ELCC
  • explore, test and develop innovative approaches; and
  • aim to improve the quality, accessibility, affordability, inclusivity, and flexibility of ELCC programs and services
• In particular, the Program supports projects for families that face unique and diverse child care needs, including:
  • Indigenous families
  • lower-income families
  • families that include children with varying abilities
  • newcomer families
  • single-parent families
  • Black and other racialized families
  • families from Francophone and Anglophone minority communities
  • families working non-standard hours; and
  • families in underserved communities

Key messages

• The Government of Canada is committed to improving access to high quality, affordable, and inclusive early learning and child care for all families and children
• Budget 2022 also provided provinces and territories $625 million over 4 years, beginning in 2023 to 2024, for an Early Learning and Child Care Infrastructure Fund
• Through this Fund, provinces and territories will be able to make further investments in child care infrastructure that supports greater inclusion in the Canada-wide early learning and child care system for underserved communities or communities with barriers to access
• This includes those living in child care deserts, high cost/low-income urban neighbourhoods and communities with barriers to access, such as racialized, Indigenous, official language minority communities, and children, parents, and employees with disabilities. The Fund could also be used to support physical infrastructure for child care operators providing care during non-standard hours
• We are working with provinces and territories to allocate this funding

If pressed on specific measures supported by the Canada-wide ELCC Agreements to address inclusion, please refer to Annex A, which contains a breakdown of actions taken by jurisdiction.

Annex A: Breakdown of inclusion initiatives by jurisdiction

Yukon

• In 2021 to 2022, Yukon announced $800,000 in Cultural Enhancement Funding to develop enhanced, culturally rich, early learning programs and environments focused on Yukon First Nations, placed-based outdoor learning, francophone language and culture, and languages and cultures of other diverse populations
• In 2021 to 2022, Yukon supported the Child Development Centre, which provides therapeutic supports to children, and the Supported Child Care program, which provides funding to licensed child care centres to support children with diverse developmental needs through Yukon’s bilateral extension agreement. Yukon has committed to maintaining that support in 2022 to 2023

Northwest Territories

• The Government of Northwest Territories invests significant territorial funding ($1.7 million annually) in the Supporting Child Inclusion and Participation (SCIP) program which is designed to support ELCC programming that includes children who may be vulnerable to or who have identified developmental needs.
• Canada-wide funding includes the hiring of a contractor to undertake an analysis of existing inclusion supports and identify areas for improvement. Following the analysis, a new approach to inclusion will be developed and implemented in the Northwest Territories

Nunavut

• Nunavut plans to implement the Strategic Action Plan for ELCC Inclusion and Equity to ensure that vulnerable children and children from diverse populations have equitable access to regulated child care spaces, in proportion to their presence in the population across the territory
• In the coming years, Nunavut will continue to promote inclusivity with the 3-year goals of:
  • 2023 to 2024: 50% of licensed centres using inclusive, accommodating tools, supports, materials or equipment
  • 2024 to 2025: 75% of licensed centres using inclusive, accommodating tools, supports, materials or equipment
  • 2025 to 2026: 100% of licensed centres using inclusive, accommodating tools, supports, materials or equipment

British Columbia

• In May 2023, Métis Nation British Columbia announced it is receiving $9 million in distinctions-based funding under the Canada British Columbia Canada-wide ELCC Agreement to plan, implement, and create child care spaces for Métis children
• In February 2023, British Columbia announced additional investments in the Supported Child Development and Aboriginal Supported Child Development programs. An additional investment of $31.8 million provided through British Columbia’s Canada-wide and bilateral extension agreements will ensure children with support needs are receiving inclusive child care, and that more child care providers will be trained to provide these services

Alberta

• Alberta’s Inclusive Child Care (ICC) program, established in fiscal year 2020 to 2021, is an innovative program that supports inclusivity in programs by supporting children with diverse needs (such as children with disabilities, children experiencing trauma, children experiencing behavioural challenges, and children from newcomer communities) using a capacity building model that involves onsite consultation, training, coaching and increased one on one support for children with the highest level of needs
• In partnership with the federal government, Alberta announced that it is investing more than $1.4 million for a pilot project to help immigrant women start or grow careers as certified early childhood educators. By training women from diverse communities and backgrounds in early childhood education, this project will also increase parental choice for child-care options that meet their children’s cultural, linguistic and learning needs.

Saskatchewan

• Saskatchewan's Early Learning Intensive Support (ELIS) program is for 3 - and 4-year-old children with significant, enduring disabilities and developmental delays requiring intensive support to meet their potential. In November 2022, Saskatchewan and Canada announced that the ELIS program would support preschool-aged children for the 2022 to 2023 school year through Canada-wide funding
• In May 2022, Saskatchewan announced $856,000 in funding through a child care inclusion grant under the Canada-wide and Extension agreements: A total of $184,000 was allocated to Hope's Home to embed staff with skills specific to caring for children with medically complex needs under the age of 6; Early Childhood Intervention programs in Regina and Saskatoon received $136,000 each for a total of $272,000 to fund 2 developmental consultant roles in each location to help build skills in licensed child care facilities; finally, $80,000 was allocated for 5 child care facilitator positions in Early Years Family Resource Centres across the province

Manitoba

• Manitoba’s Diversity and Inclusion Service Model provides funding for children with additional support needs and for Applied Behavioral Analysis (ABA) training for staff through grants paid to St. Amant Centre, a non-profit organization that specializes in providing training and services to support children with additional support needs, such as disabilities and Autism Spectrum Disorder (ASD)
• In April 2023, Manitoba announced that it is partnering with Morrow Avenue Day Care Inc. to implement the Abecedarian approach at the René Deleurme Centre. This approach is an evidence-based early childhood intervention that improves developmental and learning outcomes for children in high-risk communities

Ontario

• In June 2023, Ontario published a new Access and Inclusion Framework to support municipalities with developing and implementing local service plans that focus more on access and inclusion. The framework helps to identify areas where expansion of affordable child care spaces is most needed in communities. The province requires Consolidated Municipal Services Managers and District Social Services Administration Boards to have Directed Growth plans showing how new spaces will prioritize neighbourhoods with families most in need and vulnerable populations (including children from racialized, black, indigenous, official language minorities families, etc.). A portion of Ontario’s allocated spaces until 2026 are reserved for directed growth spaces
• Per the Canada Ontario Canada-wide ELCC Agreement, Ontario must also meet or exceed the proportion of French language spaces for ages 0 to 5, in proportion to the population of Francophone people in Ontario
• The province has also committed to developing a collaborative plan to support Indigenous children

New Brunswick

• On June 29, 2022, New Brunswick announced an increase to the salaries of inclusion support workers to match early childhood educators’ wages
• On October 31, 2022, New Brunswick announced changes to the Parent Subsidy which aim to ensure that newcomers to the province (e.g., internationally recruited workers and Ukrainian families) can access high-quality, affordable child care services

Nova Scotia

• The Inclusion Support Grant supports ELCC centres to improve participation and access for children with complex needs and from diverse backgrounds through funding enhanced staffing and program supports.
• The Pyramid Model for Promoting Social Emotional Competence in Infants and Young Children provides a framework of evidence-based practices for promoting social emotional and behavioural development and has been implemented in the province since 2018

Prince Edward Island

The Canada-wide ELCC Agreement notes funding will allow for an English/French as a Second Language Coach to work with Early Years Centres to support inclusive practices, celebrate Prince Edward Island’s growing diversity, and support educators, children, and their families, to actively engage within their centre and their community. Prince Edward Island will develop a collaborative plan with Indigenous organizations in the province to ensure that Indigenous children will have access to culturally appropriate ELCC.

Newfoundland and Labrador

No specific examples to date.

4.d. ELCC Infrastructure

Issue

Implementation of Budget 2022 investments towards an ELCC Infrastructure Fund and addressing the infrastructure challenges facing the ELCC sector.

Background

• Provinces and territories (PTs), except Quebec, made commitments to building a Canada-wide Early Learning and Child Care (ELCC) system of community-based and high-quality care through prioritizing the creation of new, not-for-profit spaces as part of their Canada-wide ELCC Agreements
• However, as the federal government worked with PTs on the negotiation and implementation of the Canada-wide ELCC Agreements, many raised that infrastructure cost was a challenge for not-for-profit and public providers where real estate costs were too high or building materials too expensive
• In response to requests from PTs, and to support the implementation of the Canada-wide ELCC system, Budget 2022 provided $625 million over 4 years, beginning in 2023 to 2024, to Employment and Social Development Canada for an ELCC Infrastructure Fund
• Through this Fund, PTs will be able to make further investments in ELCC infrastructure that support greater inclusion in the Canada-wide ELCC system for underserved communities such as: those in rural and remote regions, high cost/low-income urban neighbourhoods and communities with barriers to access, such as racialized, Indigenous, official language minority communities, and children, parents, and employees with disabilities. The Fund can also be used to support physical infrastructure for ELCC operators providing care during non-standard hours
• The Fund will support not-for-profit and public ELCC providers, in recognition of the barriers they face to accessing capital funding necessary to build and/or maintain appropriate facilities, especially inclusive spaces that support families in underserved communities
• In recognition of the unique infrastructure challenges faced by the territories, the ELCC Infrastructure Fund will ensure equitable funding for all PTs, while also taking into consideration the unique infrastructure-related challenges faced by Northern communities
• The intention of the Fund is to support the existing Canada-wide ELCC target of 250,000 new high-quality, regulated/licensed spaces by 2025 to 2026, while supporting greater inclusion within the existing space creation targets. For those PTs who have already met their space creation targets under their Canada-wide ELCC Agreement, however, there is flexibility to negotiate new, incremental space creations targets provided that the PT can support ongoing labour and operational costs
• The Fund was formally announced by the Prime Minister on June 28, 2023. Officials from the Federal Secretariat on ELCC are currently in discussion with the PTs on the allocation of this funding
• This new infrastructure funding will be part of an asymmetrical agreement with the province of Quebec

Indigenous ELCC Infrastructure Investments

• As part of broader investments announced in Budget 2021 to establish a Canada-wide ELCC system, Indigenous-specific infrastructure investments are available beginning in 2023 to 2024 to build and maintain new centres in communities. This funding will also begin to address capital needs in line with the distinctions-based community infrastructure plans, led by Indigenous Services Canada
• In keeping with the Indigenous ELCC partnership model, to enable Indigenous-led decision making, infrastructure funding is mainly allocated into 3 distinctions-based “funding envelopes” directed to First Nations, Inuit, and Métis Nation children and families. Priorities for this funding will be determined in collaboration with Indigenous leadership in order to ensure investments are best directed toward the greatest needs
• A portion of funding is also available to the Aboriginal Head Start in Urban and Northern Communities (AHSUNC) program to support infrastructure needs.
• The total funding over 4 years is $420 million from 2023 to 2024, to 2027to 2028; and $21 million ongoing, with a 3% annual escalator

Key facts

• According to the Building Construction Price Index, by the third quarter of 2022, construction costs of non-residential buildings increased by nearly 23% compared to early 2020 across Canada. Similarly, the Raw Materials Price Index—which measures price changes for raw materials — has eased from peak levels observed in summer 2022 (by middle of 2022, it had jumped by over 70% since 2020) but remains roughly 44% higher than at the onset of the pandemic.
• These cost pressures are further magnified in the North. The high cost of supplies, a shorter construction season, skilled workforce shortages, and lack of municipal infrastructure in the North leads to higher costs to build and renovate child care spaces
• It is estimated that the (weighted) average cost of an ELCC space in the territories is at least 30% higher than the average cost of a space in the rest of Canada ($12,688 per space)

Key messages

• Through our Canada-wide negotiations, and in other bilateral discussions, we heard from provinces and territories that infrastructure funding is a challenge to the implementation of the Canada-wide ELCC system
• That is why Budget 2022 proposed $625 million over 4 years, beginning in 2023 to 2024, for an ELCC Infrastructure Fund
• This funding is intended to enable provinces and territories to make additional investments in child care infrastructure that support underserved communities or communities with barriers to access to increase inclusion in the Canada-wide ELCC system
• This includes communities living in child care deserts, high cost/low-income urban neighbourhoods and communities with barriers to access, such as racialized, Indigenous, official language minority communities, and children, parents, and employees with disabilities. The Fund could also be used to support physical infrastructure for child care operators providing care during non-standard hours
• The ELCC Infrastructure Fund will also exclusively support regulated not-for-profit and public ELCC providers in recognition of the specific challenges they face in financing capital costs
• We are continuing to work with provinces and territories to allocate this funding

Indigenous ELCC Infrastructure Investments

• The Indigenous ELCC investments are to complement provincial-territorial investments and form an integral part of a Canada-wide ELCC system to increase the availability of high-quality, culturally appropriate and accessible programs and services to Indigenous peoples
• Major infrastructure projects can be cost-shared with other funders, can include partnerships with existing child care centres, or can look at expanding before-and after-school care in order to create new spaces or expand availability of programming to be inclusive of the diverse needs of families (e.g., after hours care)

If pressed on asymmetrical agreement with Quebec

Infrastructure funding will be provided to the province of Quebec through an asymmetrical agreement that will allow the province to align investments at its discretion to further enhance its ELCC system, consistent with the Canada-Quebec 2021 to 2026 Asymmetrical Agreement on the Canada-wide ELCC component.

If pressed on how many new spaces will be created through the ELCC Infrastructure Fund

• The Government of Canada has a commitment to create 250,000 new regulated child care spaces across the country by March 2026. In their Canada-wide ELCC Agreements, provinces and territories have committed to exceeding that target
• Specific projects that will be funded under the ELCC Infrastructure Fund will be negotiated with provinces and territories

If pressed on infrastructure investments for Indigenous ELCC

• Budget 2021 provided ELCC infrastructure investments to support Indigenous communities
• Eligible activities will support increased access to culturally enriching and high-quality ELCC programs for underserved families and children. In order to achieve this goal, the Program Terms and Conditions enable maximum flexibility. For example, investments could support replacement of facilities, pre-construction planning and the purchase and acquisition of buildings or land, where needed

4.e. Status of ELCC fee reductions

Issue

Status of the reduction in fees for regulated child care under the Canada-wide early learning and child care (ELCC) system.

Background

• The Government of Canada is making a transformative investment to build a Canada-wide ELCC system in partnership with provincial, territorial and Indigenous partners. Budget 2021 provided new investments of up to $30 billion over 5 years, including up to $27.2 billion specifically for provinces and territories (PTs) to build access to a high-quality, affordable, and inclusive ELCC system across Canada
• The previous Minister of Families, Children and Social Development’s 2021 Mandate Letter provided direction to conclude negotiations with PTs and to implement agreements to:
  • Reduce fees for regulated child care by 50 per cent on average by the end of 2022 everywhere outside of Quebec
  • Reduce regulated child care fees to $10-a-day on average by the end of fiscal year 2025 to 2026 everywhere outside of Quebec; and
  • Build 250,000 new high-quality child care spaces by the end of fiscal year 2025 to 2026
• The Governments of Canada and Quebec have entered into asymmetrical ELCC agreements, given that the province already has an affordable and well-established ELCC system. As such, Quebec is not subject to the same accountability and reporting requirements as other PTs, and does not have action plans
• The Government of Canada has signed agreements with every PT to deliver a Canada-wide ELCC system
• All PTs have announced reductions in fees for regulated child care (see Table 2)

Key messages

• Under the Canada-wide ELCC system, the federal government is working with PT governments to reduce fees for regulated child care to an average of $10-a-day by March 2026
• Prior to establishing the Canada-wide ELCC system, Quebec and Yukon were already providing ELCC in their respective jurisdictions for $10-a-day or less
• Currently, almost half of PTs are delivering ELCC for an average of $10-a-day or less.
• Quebec and Yukon were at an average of $10-a-day or less prior to the Canada-wide ELCC system
• Nunavut attained on December 1, 2022
• Newfoundland and Labrador attained on January 1, 2023
• Saskatchewan attained on April 1, 2023
• Manitoba attained on April 2, 2023
• Please note the table on the following page for the status of fee reductions by jurisdiction, as well as estimated savings for families under the Canada-wide ELCC system (first appeared in Budget 2023)

Table 2: Status of fee reductions by jurisdiction and estimated savings for families under the Canada-wide ELCC system

Jurisdiction	Status of fee reduction and estimated savings per child (Gross, Annual)Footnote 7
Newfoundland and Labrador	$10-a-day Estimated average savings up to $6,300 per child
Nova Scotia	50% average reduction Estimated average savings up to $6,000Footnote 8 per child
Prince Edward Island	50% average reduction Estimated average savings up to $2,000 per child
New Brunswick	50% average reduction Estimated average savings up to $3,900 per child
QuebecFootnote 9	Less than $10-a-day prior to Canada-wide
Ontario	50% average reduction Estimated average savings up to $8,500Footnote 10 per child
Manitoba	$10-a-day Estimated average savings up to $2,160 per child
Saskatchewan	$10-a-day Estimated average savings up to $6,900Footnote 11 per child
Alberta	50% average reduction Estimated average savings up to $10,330Footnote 12 per child
British Columbia	50% average reduction Estimated average savings up to $6,600 per child
Yukon	$10-a-day prior to Canada-wide
Northwest Territories	60% average reduction Estimated average savings up to $4,950 per child.
Nunavut	$10-a-day Estimated average savings up to $14,300 per child

5. Workforce and labour shortages

5.a. Early Childhood Education Workforce, Wages and Benefits

Issue

Qualifications and shortages of early childhood educators (ECEs).

Background

• The Government of Canada made a transformative investment of over $27 billion over 5 years as part of Budget 2021 to build a Canada-wide early learning and child care (ELCC) system with provinces and territories (PTs)
• In addition, the Government of Canada provided $420 million in 2021 to 2022 for PTs to support the recruitment and retention of ECEs, in recognition of the workforce’s central role in providing high-quality ELCC
• Rather than include provisions on hiring a specific number of ECEs, all Canada-wide ELCC Agreements, with the exception of the asymmetrical agreement with Quebec, prioritize quality through the requirements of:
  • developing and implementing evidence-based quality frameworks, standards, and tools for ELCC
  • increasing the percentage of certified child care workers; and
  • implementing wage grids or frameworks when not already in place.
• This approach provides more flexibility to PTs to adapt their recruitment and retention efforts to their unique ELCC sector in their jurisdiction and meet their needs
• Many PTs have already announced new supports for ECEs in areas such as hiring, retention, training and wages
• Many of the challenges that PTs are facing in the development of an ECE workforce are shared and potentially exacerbated in an Indigenous context
• In addition to navigating labour force shortages, needing to establish competitive wage grids and working to eliminate barriers to ECE education and training, Indigenous governments are having to develop culturally-appropriate training modules and build human capacity that is grounded in culture and can support linguistic revitalization interests

Key facts

• The ELCC workforce falls under PT jurisdiction. PTs regulate the specific educational and training requirements to become a certified or registered ECE
• As of September 2023, Canada’s Labour Force Survey estimates that the employment level among ECEs and Assistants in Canada is 5.7 per cent below pre-pandemic levels, with an estimated 15,000 fewer people, mostly women, working in this occupation. At the same time, Canada’s overall employment levels surpassed pre-pandemic levels (+5.4 per cent), suggesting many of these workers may have moved to different occupations in the last 3 years
• Low pay in the sector is one of the most critical factors contributing to workforce shortages. In 2021, the median hourly wage for staff working in licensed child care was $20.^{Footnote 13} Other challenges to recruiting and retaining a qualified workforce include lack of benefits, poor working conditions and lack of recognition and respect for the profession^{Footnote 14}
• The Canada-wide ELCC Agreements all contain commitments to support a highly qualified ECE workforce, such as wage grids for ECEs and increasing the percentage of certified ECEs
• At the July 2023 FPT Meeting of Ministers Most Responsible for ELCC, all ministers (except Quebec, which participates as an observer only) agreed to develop a Canada-wide, multilateral workforce strategy for the ELCC workforce, recognizing that federal, provincial and territorial governments will have final authority on any implementation actions within their respective jurisdictions
• The multilateral workforce strategy will centre on the pillars of recruitment, retention and recognition
• Additionally, Ontario has committed to taking the lead on establishing a working group on inter-provincial and territorial mobility and foreign credential recognition for the early childhood education workforce to ensure seamless movement of qualified staff across Canada and from around the world

Key messages

• The Government of Canada recognizes the importance of a highly trained, qualified ELCC workforce to ensure the availability of high-quality child care
• That is why we are providing provinces and territories with over $27 billion over 5 years through bilateral funding agreements to support the establishment of a Canada-wide ELCC system
• Bilateral agreements with provinces and territories all contain commitments, except Quebec, to support a qualified ECE workforce, such as wage grids for educators and initiatives to increase the percentage of certified ECEs
  • Yukon’s mandatory wage scale was introduced in April 2021, prior to the signing of the Canada-wide ELCC Agreement and currently offers some of the highest ECE wages in Canada with the support of federal funding
  • Prince Edward Island has also introduced a mandatory wage grid in Early Years Centres since 2010
• We also provided dedicated workforce funding of $420 million in 2021 to 2022 to provinces and territories for initiatives to attract and retain ECEs
• Some provinces and territories have already started to announce ECE workforce strategies and measures to recruit and retain these workers in the sector
• For example, throughout 2023, several provinces and territories, including New Brunswick, Prince Edward Island, Nova Scotia, Ontario, Alberta, Saskatchewan, Alberta, British Columbia and Northwest Territories announced wage increases, while Manitoba and Newfoundland and Labrador announced the creation of a wage grid. Nunavut expects to have a wage grid in place this fall
• In July 2023, Federal-Provincial/Territorial Ministers Most Responsible for ELCC agreed to develop a Canada-wide, multilateral workforce strategy for the ELCC workforce. The multilateral workforce strategy will centre on the pillars of recruitment, retention and recognition
• The strategy will also be an added tool for all ministers to consider as they continue to work toward their shared goal of providing more families in Canada with access to high-quality, affordable, flexible and inclusive ELCC, no matter where they live

If pressed on specific measures supported by the Canada-wide ELCC Agreements to address workforce challenges, please refer to Annex A, which contains a breakdown of actions taken by jurisdiction.

Annex A: Breakdown of ECE initiatives by jurisdiction (except Quebec)

Yukon

• In May 2023, Yukon announced funding to the Yukon First Nation Education Directorate and their Early Years Program to support the design and delivery of a First Nations developed course (“Understanding the Early Years”) as part of the larger program
• In 2021 to 2022, Yukon announced bursaries and accelerated training programs to students in the field of ECE education, learning and development bursaries for ECEs and the Early Learning and Educators Web Hub. Yukon also announced support to Yukon University to enhance course offerings and to support students in rural communities
• On December 1, 2021, Yukon announced that ECEs working in licensed Yukon ELCC programs will have significantly more access to comprehensive insurance benefits
• Yukon introduced a ECE wage scale on April 1, 2021, prior to signing the Canada-wide Agreement. The wage scale is adjusted every year on April 1st by the increase to the minimum wage established by the Yukon’s Employment Standards Act
• Key elements in the agreements related to ECEs:

Wages and benefits

Funding operational expenses related to wages for 325 ECEs and providing comprehensive benefits to 25 ECEs working in regulated child care programs.

Education and training

• Increasing additional courses at post-secondary institutions for at least 90 additional ECE students including for Indigenous and rural Yukoners
• Providing 1 full-time and 90 part-time bursaries to ECE students
• Supporting 30 educators that are working without a certificate achieve full credentialing
• Creating online courses, learning networks, communities of practice and non-credit professional development opportunities
• New professional diploma pathway program to help ECEs achieve full credentials

Recruitment and marketing

Raising awareness on the value of the ECE profession through a local awareness campaign and early childhood educator awards.

Northwest Territories

• In October 2022, the Government of the Northwest Territories and the Government of Canada announced a $4.6 million investment in wage enhancements for ECEs between 2022 to 2023 and 2023 to 2024 to support recruitment and retention of educators. The two-year transitional funding is intended to enhance wages for educators until the implementation of a wage grid in 2024 to 2025
• Key elements in the agreements related to ECEs:

Wages and benefits

Establishing an ECE wage grid that would be implemented in 2024 to 2025.

Education and training

• Enhancing delivery of the face-to-face ECE diploma program and delivery of distance learning for part-time learners and dual credit course to high school students for 87 students
• Providing up to 20 scholarships to meet demand of the expanded offering of post-secondary diploma program
• Expanding professional learning opportunities, including development of a learning network and part-time post secondary education for as many as 300 educators

Nunavut

• Key elements in the agreements related to ECEs:

Wages and benefits

Completing analysis of wage scales, developing a plan for introducing the wage scale and supporting operational expenses related to wages that would benefit 301 educators.

Education and training

• Supporting 240 educators in accessing specialized training to support their quality of care provided
• Creating a plan to offer different types of training supports to enhance the number of ELCC-certified members within the ELCC workforce across the territory

British Columbia

• In September 2023, British Columbia announced funding for a new centre dedicated to ECEs and new child care spaces. It will include both classroom space for the North Island College’s early childhood care and education programs
• In August 2023, British Columbia announced it was providing Canada-wide funding to provide grants to international and francophone ECEs for the translation of their educational documents into English
• In May 2023, British Columbia announced the creation of more post-secondary spaces in ECE education programs. More than 1,300 people will have the opportunity to access this education over the next 3 years, with public post-secondary spaces in British Columbia expected to increase by approximately 50%
• In February 2023, British Columbia announced additional funding for the Supported Child Development and Aboriginal Supported Child Development programs which includes additional training for child care providers to provide inclusive child care services
• In August 2022, British Columbia announced funding to ECEs to support training or certification upgrading and expansion to the ECE dual credit program for high school students
• In February 2022, British Columbia announced ECE bursaries, peer mentorship programs, inclusion support, etc
• In April 2022, British Columbia announced the expansion of the provincially-funded $4/hour wage enhancement to include all ECEs employed in ELCC facilities, including those in administrative roles / not directly working with children

• Key elements from the ELCC Agreements related to ECEs:

Wages and benefits

• Development and implementation of a wage grid
• Providing incentives for the certification of 5,000 new ECEs

Education and training

• Supporting the distribution of 11,400 post-secondary bursaries, providing additional dual credit programs in 10 new school districts, supporting work integrated learning for 140 ECEs and, offering peer mentoring programs in 17 communities for 200 ECEs, including training
• Offering professional development bursaries for 3,500 early care and learning professionals

Recruitment and marketing

ECE recruitment and retention initiatives, including bursaries, peer mentorship programs, and inclusion support (February 2022). Providing support for the translation of francophone or international ECE documents for 250 Francophone or internationally trained educators.

Alberta

Key elements in the agreements related to ECEs:

Wages and benefits

• Effective October 1, 2022, all paid hours worked by front-line certified ECEs are eligible for existing wage top-ups. This expansion to wage top-ups will now include indirect time as well as employer-paid vacation time
• Effective January 1, 2023, the existing wage top-ups for all paid hours increased by up to 2 dollars per hour. All employed ECEs with claimed hours in October and November 2022 who continued to work in December were also eligible to receive a one-time payment

Education and training

• To help meet the increased demand for well-qualified staff, Alberta has expanded eligibility for the free Level 1 child care orientation course to any Albertan and has increased enrolment capacity from 4,000 to 10,000 training spaces
• To support further professional development (PD), Alberta provides PD funding to each ECE annually. In addition to approved post-secondary tuition, textbooks and approved conferences or workshops, the funding includes release time funding to allow certified ECEs to be paid while studying
• $1.5 million in federal funding was provided for in-person and virtual workshops to ECEs working in licenced child-care centres to enhance their knowledge of the social and emotional needs of children up to 12 years old
• $5.2 million provided to the Association of Early Childhood Educators of Alberta (AECEA) and the Alberta Resource Centre for Quality Enhancement (ARCQE) to give ECEs opportunities to enhance their understanding of early childhood brain science and childhood development

Saskatchewan

Key elements in the agreements related to ECEs:

Wages and benefits

One-time grant to regulated and operational child care centres to assist them in recruiting and retaining qualified ECEs (October and March 2022); wage increase for ECE of $1- $5/hour (November 2021 and September 2022); creation of 3 new Early Years Family Resource Centres in the communities of Lloydminster, Swift Current and Weyburn (March 2022); free training and tuition supports for the ELCC workforce through partnerships with Collège Mathieu, Saskatchewan Indian Institute of Technologies (SIIT) and Saskatchewan Polytechnic (Sask Polytech) (August 2022); and a public awareness campaign in an effort to grow the number of regulated child care home providers in the province (November 2022).

Education and training

• Grants to benefit families with vulnerable children and children experiencing disability (March 2022), additional inclusion grants to 3 Saskatchewan programs aimed at improving inclusion initiatives in child care (skills training specific to caring for children with medically complex needs under the age of six, 2 developmental consultant roles, and 5 child care facilitator positions in Early Years Family Resource Centres across the province) (May 2022)
• $12 million in funding for the 2023 to 2024 academic year to support existing and prospective ECEs to achieve higher levels of training and access to professional development opportunities (June 2023)

Manitoba

Key elements in the agreements related to ECEs:

Wages and benefits

Manitoba introduced a wage grid for educators based on level of training and experience retroactive to July 1, 2022, and have updated the wage grid effective July 1, 2023, to reflect an increase to the starting point for wages. The province announced $30 million on June 15, 2023, for the expansion of child care training programs and tuition reimbursement.

Education and training

On February 23, 2023, Manitoba announced the Innovative Recruitment and Retention Grant providing $7.4 million to implement creative and innovative strategies to recruit, retain and support a high-quality workforce and meet the demands of a rapidly growing sector. This includes a Registered Retirement Savings Plan (RRSP) top-up of $500 per child-care space to provide recognition for the dedication of home-based providers to the child-care sector.

Ontario

Key elements in the agreements related to ECEs:

Wages and benefits

• Ontario introduced a wage floor on April 1, 2022, that raises wages to $18/hour for Registered ECEs and to $20/hour for Registered ECE Supervisors employed by licensed providers participating in the Canada-wide ELCC System
• Confirmed through Ontario’s 2023 funding guidelines, beginning on January 1, 2023, wage increases are provided to eligible staff on top of the wage floor that was provided in 2022. Funding supports an annual increase of $1 per hour, for those who are at or above the wage floor, up to a maximum of $25 per hour

New Brunswick

Key elements in the agreements related to ECEs:

Wages and benefits

• On November 1, 2022, New Brunswick implemented an ECE wage grid which operates as a wage floor; operators may choose to pay educators more than the amounts laid out in the grid. The maximum wage for a Level 1 educator aligns with the previously announced wage increase for trained educators ($25.16/hr), while the maximum wage for an Entry Level educator is the same as the previously announced wage increase for untrained educators ($17.90/hr)
• New Brunswick later updated the ECE wage grid to reflect the April 1, 2023, update to the provincial minimum wage. Educator wages increased by one dollar per hour
• On June 29, 2022, New Brunswick announced that inclusion support workers will receive an increase in hourly wages, matching their compensation with ECEs

Nova Scotia

Key elements in the agreements related to ECEs:

Wages and benefits

• To support implementation of retirement and health benefits for ECEs, Nova Scotia has contracted with Hub International to explore options, which will be presented this fall. A sector working group of operators and ECEs has also been stood up to support the process
• On February 17, 2023, Nova Scotia announced an additional hourly wage premium for ECEs who have upskilled through the new Advanced Practitioner Program, and grants for ECE-trained home child care providers
  • This was in addition to the previously approved new wage scale for ECEs, announced on October 11, 2022, which included a wage increase in the range of 30% for most of the 2,600 ECEs, retroactive to July 4, 2022. ECEs received another wage increase on April 1, 2023, and future wage increases will be in line with the broader public sector

Other

On May 20, 2022, Nova Scotia launched the Minister’s ELCC Engagement Table, to provide direct input and guidance on next steps in the province’s plan to transform child care.

Prince Edward Island

Key elements in the agreements related to ECEs:

Wages and benefits

• On August 21, 2023, Prince Edward Island announced wage increases for ECEs and staff at designated Early Years Centres, effective October 1, 2023. Prince Edward Island also announced that the province will develop a defined contribution pension plan, subject to the approval of the 2023-2026 action plan
• This was in addition to the previous wage increases for staff at Early Years Centres, including for ECEs, which took effect October 1, 2022
• On February 4, 2022, and again on November 8, 2022, Prince Edward Island announced further support for licensed home child care centres in the form of grants and incentives to reduce parent fees, fund wages and professional development, and purchase supplies

Recruitment and marketing

On February 18, 2022, Prince Edward Island launched a new one-time Return to the ECE Profession Grant of $5,000, to support the early childhood workforce to help recruit ECEs back to the sector.

Education and training

On December 7, 2021, Prince Edward Island announced increased training opportunities for ECEs, including funding for the Accelerated Early Childhood Education Program.

Newfoundland and Labrador

Key elements in the agreements related to ECEs:

Wages and benefits

• On April 1, 2023, Newfoundland and Labrador implemented an ECE Wage Grid, retroactive to January 1, 2023. The wage grid has a base rate of $25 an hour for Level II ECEs who hold a two-year diploma, which is the starting rate for a new graduate
• This is in addition to a previously announced top-up to the ELCC Wage Supplement Program for ECEs, from November 25, 2021

Recruitment and marketing

• On September 13, 2023, an Early Childhood Educator Recruitment and Retention Grant was announced to provide funding to recruit and retain Level I to IV ECEs to become certified and work in regulated child care services
• On August 23, 2023, Newfoundland and Labrador announced that a bonus of $5,178 has been created, effective April 1, 2023, to support recruitment and retention of certified francophone ECEs

Education and training

• On July 12, 2022, Newfoundland and Labrador announced a new Early Childhood Education Needs-Based Incentive Grant to provide eligible students in approved programs with non-repayable grants of up to $10,000
• On March 9, 2022, Newfoundland and Labrador announced adding approximately 700 additional seats in post-secondary ELCC programs at College of the North Atlantic, Keyin College and Academy Canada by March 2026
• On March 9, 2022, Newfoundland and Labrador announced working with College of the North Atlantic to introduce a new “earn while you learn” program that will allow ELCC students to split their time between the classroom and working part-time in regulated child care

5.b. Impact of inflation and the Canada-wide ELCC system

Issue

Impact of inflation on the Canada-wide Early Learning and Child Care (ELCC) system.

Background

• Budget 2021 announced new investments totaling up to $30 billion over 5 years, including up to $27.2 billion over 5 years for transfers to provinces and territories (PT) to reduce parent fees to an average of $10-a-day per child and create 250,000 new spaces by 2025 to 2026
• Over the next 5 years, annual PT transfers will increase steadily as fees are reduced and spaces are created. Beginning in 2026 to 2027, PT transfers will reach an ongoing steady state of $8.35 billion annually including Budget 2017 (made permanent in the 2020 Fall Economic Statement) and Budget 2021 investments
• The 2021 Mandate Letter for the previous Minister of Families, Children and Social Development provided direction to continue advancing the creation and sustainability of a Canada-wide ELCC system
• In response to concerns from PTs that infrastructure funding was a challenge for non-profit and public providers due to high real estate costs and increasingly expensive building materials, Budget 2022 provided $625 million over 4 years, beginning in 2023 to 2024, to Employment and Social Development Canada for an ELCC Infrastructure Fund. This funding will enable PTs to make additional child care investments. In Quebec, funding will be delivered via an asymmetrical agreement that will allow the province to further enhance its child care system

Key facts

• Due to direct and indirect economic impacts of the pandemic and the ongoing conflict in Ukraine, the global economy has experienced higher than expected inflation, including here in Canada. On an annual average basis, inflation in Canada rose by 6.8% in 2022, the largest increase since 1982
• Additionally, costs for construction and key raw materials have increased at rates that far outpace inflation, creating additional cost pressures on capital infrastructure projects PTs planned as a part of the Canada-wide ELCC system
• Funding for the Canada-wide ELCC system is increasing every year from 2021 to 2022 to 2025 to 2026, providing some flexibility to respond to inflation over the life of the current agreements with PTs
• It is expected that the cost of maintaining a Canada-wide ELCC system will increase by at least the rate of inflation each year

Key messages

• Funding for the Canada-wide ELCC system is increasing every year until 2025 to 2026, and provinces and territories have made firm commitments to achieve our shared objectives and agreed upon targets
• As we worked with provinces and territories on the implementation of agreements, many raised that infrastructure funding was a challenge for non-profit and public providers where real estate costs were too high or building materials too expensive
• That is why Budget 2022 proposed $625 million over 4 years, beginning in 2023 to 2024, for an Early Learning and Child Care Infrastructure Fund
• This funding will support provinces and territories in making additional child care investments
• We are working closely and collaboratively with provinces and territories, speaking to stakeholders, and listening to parents and families as we continue the ongoing work to build a more resilient Canada-wide ELCC system
• As that process unfolds, we will encounter challenges, but our intention to move from a patchwork child care model to a Canada-wide ELCC system was initiated in part to safeguard this essential service from future shocks like the pandemic and the global economic disruption

6. National Advisory Council on Early Learning and Child Care

Issue

The establishment of the National Advisory Council on Early Learning and Child Care (ELCC).

Background

• Budget 2021 committed to establishing a National Advisory Council on ELCC (the Council). This commitment was reaffirmed in the Minister of Families, Children and Social Development’s December 2021 Mandate Letter
• In support of this commitment, an eight-week call for applications was launched on August 4, 2021, and attracted 140 applicants from across Canada’s early learning and child care sector
• On November 24, 2022, following an open and transparent selection process, the Minister of Families, Children and Social Development announced the names of Council members – 16 diverse and highly qualified individuals that reflect Canada’s geographic, cultural, and linguistic diversity
• The Council is not a decision-making body. It serves as a forum for engagement on issues and challenges facing the sector and provides third-party expert advice to the Government of Canada
• As its first priority, the Council has been directed to provide expert advice and to engage on issues and challenges related to the early childhood educator workforce in Canada. The outcome of its work will inform and help advance the federal government’s work towards an Early Childhood Educator Workforce Strategy, along with provinces and territories

Key facts

• The Council, established using Ministerial Authorities under the Department of Employment and Social Development Act, provides third-party expert advice and serve as a forum for engagement on issues and challenges facing the early learning and child care sector
• The Council brings together academics, advocates, practitioners and caregivers, as well as a full-time chairperson, who serve three-year mandates with the opportunity to renew. Members come from regions across Canada with diverse ethnic and cultural backgrounds and a range of knowledge and expertise in this sector. The current Chairperson, Don Giesbrecht, has previously served as President of the Board of Directors and CEO of the Canadian Child Care Federation. The Associate Deputy Minister of ESDC is an ex officio member
• Membership on the Council is non-affiliated, meaning that members do 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 early learning and child care sector. A non-affiliated membership of diverse stakeholders help ensure that the Department of Employment and Social Development has access to the impartial advice needed for informed, evidence-based decision-making
• The Council complements, and does not replace, existing mechanisms for engagement with provinces and territories on early learning and child care. These established governance structures serve as the primary mechanisms to support engagement and decision-making on the implementation of the Canada-wide early learning and child care. Moreover, National and Regional Indigenous Early Learning and Child Care Partnership Tables remain the primary forum to support engagement, co-development and joint decision-making on the implementation of the Indigenous Early Learning and Child Care Framework
• The Council is not a decision-making body. It is solely an advisory body whose advice is non-binding. As a federal body, it limits its activities to the federal jurisdiction. In doing so, it respects Indigenous rights, including the right to self-determination, Indigenous-led approaches, and the principles of the co-developed Indigenous Early Learning and Child Care Framework
• On December 8, 2022, proposed federal early learning and child care legislation was introduced in the House of Commons. Bill C-35 proposes to establish in law the existing Council. Inclusion in legislation provides for greater stability of the Council, through the Governor in Council appointment process, and ensures the voices, input and expertise of the early learning and child care sector are taken into account as the Government of Canada implements a Canada-wide system with provincial, territorial and Indigenous partners over the long-term

Key messages

• The National Advisory Council supports the Government of Canada’s commitment to build a Canada-wide early learning and child care system
• The Council serves as a forum for engagement on issues and challenges facing the sector and provide third-party expert advice to the Government of Canada
• The Council brings together a diverse group of 16 members, including academics, advocates, practitioners and caregivers from across the early learning and child care sector
• The proposed legislation would convert that same Council into a statutory body, much like what was done with the National Advisory Council on Poverty and the National Housing Council. The Council would maintain the same advisory mandate, membership, and term after this conversion