Bill C-208: An Act respecting early learning and child care

Short Title Short title 1 This Act may be cited as the Early Learning and Child Care Act . Interpretation Definitions 2 The following definitions apply in this Act. early learning and child care program  means a program established by and regulated under the law of a province to provide publicly funded early learning and child care services. ( programme d’apprentissage et de garde des jeunes enfants ) early learning and child care services  means services provided by an individual or institution, as well as through a full- or part-day child care centre, nursery school, preschool, parent support program, child drop-in program or family child care service. ( service d’apprentissage et de garde des jeunes enfants ) early learning and child care transfer payment  means a cash contribution that may be provided to a province under section 24.51 of the Federal-Provincial Fiscal Arrangements Act , in respect of social programs including early learning and child care services. ( paiement de transfert relatif à l'apprentissage et à la garde des jeunes enfants ) Indigenous governing body  means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 . ( corps dirigeant autochtone ) Indigenous organization  means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members. ( organisation autochtone ) Minister  means the Minister of Employment and Social Development. ( ministre ) Purpose Purpose 3 The purpose of this Act is to establish criteria in respect of early learning and child care programs that must be satisfied before an early learning and child care transfer payment may be made to a province. Early Learning and Child Care Transfer Payments Transfer payments 4 Subject to this Act, an early learning and child care transfer payment is payable by Canada to each province for each fiscal year. Program Criteria Criteria 5 In order for a province to qualify for a transfer payment under section 4 for a fiscal year, the province must offer early learning and child care services under an early learning and child care program that meets, throughout the fiscal year, the conditions described in sections 7 to 10 respecting the following criteria: (a) accountability; (b) quality; (c) universality; and (d) accessibility. Exemption 6 In recognition of the provincial jurisdiction in respect of early learning and child care, the Government of Quebec may choose to be exempted from the application of section 5 and, despite any such decision, is entitled to receive the transfer payment for that province under section 4. Accountability 7 In order to satisfy the criterion respecting accountability, (a) the early learning and child care program of a province must be administered and operated on a non-profit basis by a public authority appointed or designated by the government of the province; (b) the public authority must be responsible to the provincial government for that administration and operation; and (c) the public authority must be subject to audit of its accounts and financial transactions by the authority that is responsible by law for the audit of the province’s accounts. Quality 8 In order to satisfy the criterion respecting quality, the early learning and child care program of a province must (a) establish standards that specify the professional qualifications and certification required of persons employed in early learning and child care services and that provide for the recruitment, training, support, compensation and retention of those persons; (b) establish standards that relate to the environment in which early learning and child care services are provided, including standards that (i) specify child-to-caregiver ratios and restrictions on group size, and (ii) protect the health and ensure the safety of children and employees; (c) establish standards that ensure that early learning and child care services support the cognitive, emotional and social development of children; and (d) with respect to the provision of early learning and child care services in First Nations, Inuit and Métis communities, (i) establish standards that reflect the unique values and traditions of those communities, and (ii) provide for the development of an action plan for meeting the early learning and child care needs of those communities. Universality 9 In order to satisfy the criterion respecting universality, the early learning and child care program of a province must entitle every child resident in the province to early learning and child care services that are appropriate to their needs. Accessibility 10 In order to satisfy the criterion respecting accessibility, the early learning and child care program of a province must (a) provide for early learning and child care services on uniform terms and conditions that ensure reasonable access to those services by any child, including children with special needs; and (b) provide for the payment for early learning and child care services in accordance with a system of payment authorized by the law of the province. Withholding of payment 11 If the Governor in Council is informed by the Minister that the early learning and child care program of a province does not or has ceased to meet any of the conditions described in sections 7 to 10, the Governor in Council may, when the Governor in Council considers it appropriate, direct that the whole or a portion of any early learning and child care transfer payment to that province for a fiscal year be withheld. Report to Parliament Annual report to Parliament 12 (1) Within 60 days after the end of each fiscal year, the Minister must prepare a report examining the provision of early learning and child care services in each province during that fiscal year in relation to the criteria set out in section 5 and must cause the report to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Contents of report (2) The report must contain a summary of the information available to the Minister that relates to the extent to which the early learning and child care program of each province met the conditions described in sections 7 to 10 during the fiscal year, including (a) a description of the early learning and child care program of each province and of the services provided under the program during the fiscal year; (b) a summary of the progress made by the government of each province in developing the action plan referred to in subparagraph 8(d)(ii); (c) the amount spent by the government of each province during the fiscal year for the early learning and child care program; (d) the indicators of availability, in particular an analysis of the number of spaces in early learning and child care settings available during the fiscal year by age of child and type of setting; (e) the indicators of affordability, in particular average service fees charged as a percentage of average wages in each province; (f) the indicators of quality, in particular training requirements, child-to-caregiver ratios, group size and provisions and facilities relating to health, safety and the physical environment; and (g) the indicators of accessibility, in particular eligibility criteria in respect of subsidies and the number of children receiving subsidies, income levels of parents of children enrolled in early learning and child care services, percentage of children with special needs enrolled and the number of children receiving services by urban, suburban and rural regions. Advisory Council Advisory council 13 (1) The Minister must establish an advisory council composed of 18 members who broadly represent persons and organizations interested in and involved with early learning and child care from all regions of Canada, including representatives of (a) provincial governments; (b) Indigenous organizations; and (c) organizations that act on behalf of early learning and child care service providers, professionals in this field, parents and children. Members (2) The Minister must appoint the members from a list of candidates prepared through a public and transparent process and submitted by the standing committee of each House of Parliament that normally considers matters relating to human resources and social development. Report by council (3) The advisory council may, as it considers appropriate from time to time, make a report to any standing committee of either House of Parliament, or provide advice or recommendations or make a report to the Minister, in respect of any matter that relates to the administration, operation and effectiveness of this Act, including the extent to which the objectives of this Act are being achieved. Inclusion in annual report (4) Any report made to a standing committee and any report made or recommendations and advice provided to the Minister by the advisory council must be included in the Minister’s annual report to Parliament under subsection 12(1).