On the Order:

Resuming debate on the motion of the Honourable Senator Audette, seconded by the Honourable Senator LaBoucane-Benson, for the third reading of Bill C-29, An Act to provide for the establishment of a national council for reconciliation, as amended.

Hon. Senators: Hear, hear.

Hon. Senators: Hear, hear!

[Translation]

(Pursuant to the order adopted by the Senate on December 7, 2021, to receive a Minister of the Crown, the Honourable Steven Guilbeault, P.C., M.P., Minister of Environment and Climate Change, appeared before honourable senators during Question Period.)

Hon. Steven Guilbeault, P.C., M.P., Minister of Environment and Climate Change: Thank you, senator.

You seem to forget that just two years ago we won in the Supreme Court of Canada on carbon pricing.

On the Impact Assessment Act, it was not a ruling by the Supreme Court of Canada, but an opinion. That opinion did say that some of the Impact Assessment Act was unconstitutional, but they also confirmed that parts of the act were entirely constitutional.

In terms of plastic pollution, I will make no excuse to fight to protect the health of Canadians. We are finding plastic substances in our brains. We are finding it in our fetuses. We are finding it in our kids. We are finding plastic pollution in our environment, and I will continue to fight to protect the health of Canadians, and I will make no excuse for that.

Hon. Marty Klyne: Honourable senators, coming from Saskatchewan, Treaty 4 territory and the homeland of the Métis Nation, I rise in support of Bill C-29, An Act to provide for the establishment of a national council for reconciliation.

As you know, this bill would establish a national council for reconciliation as an independent, non-political, permanent and Indigenous-led organization. Its purpose is to advance reconciliation with Indigenous peoples.

I understand through the usual channels that I may be the last speaker. Therefore, I trust that we are ready for the question imminently. Thank you to Senator Audette for her leadership on this bill as sponsor. Thank you as well to Senator Francis and our Indigenous Peoples Committee for their hard work on Bill C-29 and to all senators who have worked to advance and improve this legislation since the bill arrived in our chamber nearly one year ago.

It’s also worth mentioning this bill passed the House of Commons with unanimous support. Heartfelt thanks as well to the senators who have provided constructive advice on Bill C-29 in whole or in part, including our colleagues Senators Anderson and McCallum and our critic, Senator Martin.

When it comes to reconciliation, good enough is never good enough. Indigenous nations and federal, provincial, territorial and municipal governments and legislatures must constantly be working to strengthen relationships and achieve the best possible results. Honesty, courage and criticism are essential to progress in society, as was illuminated in this chamber yesterday.

Bill C-29 acts on the Truth and Reconciliation Commission’s Calls to Action for a national council for reconciliation, being Calls to Action 53 to 56. Many senators have pledged to do their part to answer these calls, including in response to the recurring discovery of unmarked graves of Indigenous children at residential school sites. I believe we must always measure our commitment to truth and reconciliation through their eyes, imagining their perspective. Today we have an opportunity to make headway on this sacred journey.

As Senator Audette told us, with Bill C-29:

Every bead that we [weave] is precious and helps us along the path of healing and reconciliation, but also along the path to building a new relationship and maintaining the existing one, a relationship that is, of course, built on respect, partnership and the recognition of rights.

She said the bill:

. . . will create a national council responsible for monitoring progress on reconciliation in Canada, publishing reports and making related recommendations.

In addition, Bill C-29 will enable the conduct of research in accordance with a multi-year plan. Research is important; data is important. Integrating Indigenous and western knowledge and thinking is crucial to advancing reconciliation in the hope of developing new approaches and new programs to support understanding among people outside the government apparatus.

Senator Audette also noted that this bill’s journey has been very long. It is time to conclude the Senate’s process. Many of us recall the highly regrettable circumstances of 2019 when a Senate filibuster prevented votes on three House of Commons private members’ bills answering the Calls to Action of the Truth and Reconciliation Commission. Those were MP Romeo Saganash’s Bill C-262 respecting the United Nations Declaration on the Rights of Indigenous Peoples, MP Georgina Jolibois’ Bill C-369 to establish a National Day for Truth and Reconciliation and MP John Aldag’s Bill C-374 to require Indigenous representation on the Historic Sites and Monuments Board.

The first two initiatives subsequently passed as government legislation with greater priority and different procedures within our Senate processes. The third initiative, regarding the Historic Sites and Monuments Board, is now at second reading before the House of Commons with the government’s Bill C-23 introduced by Minister Guilbeault. However, valuable time has been lost.

I raise this matter not to throw stones. Rather, my purpose is to remind our chamber that our actions are consequential to national efforts for truth and reconciliation. For example, our Legal Committee has before it another Call to Action with Senator Kutcher’s Bill S-251 proposing to end the use of corporal punishment on Canadian children. If the Senate does not pass that bill, or another iteration, Call to Action 6 will never be fulfilled.

As I said, I may be the last speaker to Bill C-29 unless an adjournment is taken today. I know legislation in this chamber sometimes becomes interrelated in our processes and dynamics. However, I trust all senators will agree reconciliation must never be conditioned on anything, save the truth. Speaking for myself, and I presume for many in this chamber, I am ready for the question. Thank you and hiy kitatamîhin.

(On motion of Senator McPhedran, debate adjourned.)

Hon. Rosemary Moodie moved third reading of Bill C-35, An Act respecting early learning and child care in Canada.

She said: Honourable senators, as the Senate sponsor of Bill C-35, An Act respecting early learning and child care in Canada, I am proud to begin on third reading of this bill.

I want to begin by thanking my colleagues on the Standing Senate Committee on Social Affairs, Science and Technology for their robust study of the bill. As a member of this committee for several years, I am always struck by the insightful questions, collaboration and consensus-based approach of our committee. I am grateful to have the opportunity to serve with all of you and look forward to continuing our work together.

It’s especially meaningful for me on this occasion that the focus of this committee study was children.

To our colleagues Senators Burey, Seidman, Cormier, Mégie, Petitclerc, Osler, Dasko, Cardozo, McPhedran and Bernard, as well as to others who joined, thank you for your hard work on this bill. I also want to thank our chair, Senator Omidvar, for her admirable handling of the process and for keeping us in order. Special thanks to you, Senator Cordy, for stepping in at the end of our study. It is my understanding this was your first time chairing, although it was no surprise to me how well you led us through the clause by clause and how fitting it was to have a teacher lead us through the finishing steps of a study on early childhood learning.

In addition to my thanks to the committee members, I want to thank every single witness who took the time to appear before us or to provide us with additional information. We value and appreciate your insight.

Colleagues, as I noted in my second reading speech on Bill C-35, this is a significant commitment to a crucial dimension of Canada’s social fabric. It will immensely impact all children, women and the economy for generations to come. It is a commitment by our federal government to ensure the growth of an accessible, affordable and inclusive child care system that will provide a firmer foundation on which all Canadian families can thrive.

I will briefly remind us of the journey that brought us here, of the benefits of national child care and of the current landscape, before returning to the bill and the committee’s work.

As you heard from me in second reading, the journey to a national early learning and child care program was a long one. The ambition originated during the Royal Commission on the Status of Women and through numerous developments resulting in the 2017 Multilateral Early Learning and Child Care Framework with provincial and territorial governments. This agreement between Ottawa and the provinces was for $7.5 billion over 11 years. The purpose was to “. . . increase quality, accessibility, affordability, flexibility, and inclusivity in early learning and child care . . .” with consideration for families that needed care the most.

Colleagues, we are all familiar with what came next. The COVID-19 pandemic was a significant shock to our society and our economy. Women were displaced from the workforce, and the progress we had made on equality in the labour force threatened to be entirely erased. The response to this crisis was a national child care program.

In Budget 2021, an investment of $30 billion over five years and $8.3 billion ongoing were committed to build and sustain a national child care system. Through this investment, the government significantly expanded the multilateral agreements and set about building something new. Their goal was a 50% reduction of average fees by the end of 2022 and an average fee of $10 a day by 2026.

You have heard me say this before: This investment in child care is a transformative project on the scale of the establishment of Canada’s public school system and public health care system by previous generations. This is a legacy investment for today’s children, who will not only benefit from it but will also inherit it for their own children.

In my view, this is one of the most significant bills you and I will deal with in this august chamber. Why? Because child care has clear and powerful impacts on Canadian society.

For children, early access to education can set them on a very strong path to future success and productivity. We know that child care better prepares children to learn in elementary school. It also provides an opportunity for them to be around professional educators who may help families identify specific needs their children may have or to address those needs early on to ensure they have support early on to be successful and to resolve the issues that may arise. By providing upstream supports, we not only help kids to be successful, but we lower costs for our education system down the line.

For women and families, access to affordable child care means the opportunity to return to work, build on their own education or to start a business. It means that both parents can now use their gifts and their skills to the benefit of their communities and to Canadian society as a whole. It means that parents — specifically mothers — don’t have to decide between their child’s well-being and their own ambitions. They can build a life they want for their families with the assurance that their children are not just taken care of but that they are thriving.

For our economy, child care represents an investment with significant returns. This is why many sectors of our society, such as private business, unions, economists, academics and many others, supported the government’s investment into a pan-Canadian child care system. Studies have shown us that for every dollar invested in early childhood education, the broader economy receives between $1.50 to $2.80 in return. The federal government’s own estimate predicts that the Canada-wide system will raise GDP by as much as 1.2% over the next two decades.

Finally, falling child care fees means that families individually are saving more on child care and can use those savings to pay bills or to invest in their own futures.

Simply put, national early learning and child care is an investment in our families. Access to affordable child care means resilient and successful families and communities. This is what Bill C-35, along with the agreements already in place, represents. It represents a commitment not only to achieve the government’s short-term goals, but it also represents an ongoing investment to Canadian families. It will benefit all Canadians.

In my remarks during second reading, I spoke about the three pillars of the child care system today — the agreements with provinces, territories and Indigenous peoples; the investments into infrastructure; and this bill, Bill C-35, the legislation.

I want to remind us first of the agreements. The fact that all of the agreements are already in place is a crucial consideration for us as we debate this bill. Unlike other framework bills, we don’t have to imagine what Bill C-35 will look like and how it will be applied. We can see it. Every province and territory has a bilateral agreement with the federal government that is tailored to the needs of their jurisdiction. Each differs in its specific details, but all have similar broad lines and themes.

First, there is a general commitment to the vision of child care set out in the multilateral framework agreements: high-quality, affordable, accessible and inclusive child care.

All of the agreements include a list of objectives, committing to fee reductions, space creation and workforce development. All have a stated priority for investments to go into not-for-profit and public care over private and unlicensed care.

Finally, every agreement has appended to it an action plan, created by each province, that outlines how they plan to meet their commitments under the agreements.

More specifically, Canada-wide early learning and child care agreements with provincial and territorial governments include a number of commitments, such as the number of new regulated spaces to be created; the timeline for achieving the goal of $10-a-day, on average, fees for regulated child care; and the actions to support valuing the early childhood educator workforce, providing them with training and development opportunities. They also commit to equitable access to child care for communities with barriers to access, such as for children from official language minority communities, children with disabilities, racialized children, children of newcomers and Indigenous children and their families.

Funding agreements with Indigenous partners support Indigenous governance, while partnerships in this sector support program delivery and expand access to culturally appropriate early learning and child care for Indigenous children across the Canada-wide system.

I want to highlight that the very nature of the agreements is a positive step. As Senator Arnot pointed out just yesterday in this chamber, Western alienation and Northern alienation are real. To me, this emphasizes the value of cooperative federalism in the context of national child care.

These agreements should be viewed as a positive development for our country because they allow for the customized approach that meets the needs of each jurisdiction.

All together, these agreements are the basis for the creation of a strong, Canada-wide early learning and child care system based on the vision proposed by our federal government. It is important to note that the provinces and territories are accountable to these agreements and must respect them for a few reasons, and I will walk through these.

First, I would argue that the provinces do not want to lose the significant financial support from the federal government that makes possible this very impactful, popular and valued program. The politics of child care is a motivating factor for respecting agreements in and of itself.

Second, as mentioned, every province and territory has prepared an action plan which acts as the road map outlining how they will deliver on their commitments within their agreements. This allows the provinces and territories to implement their commitments in line with their respective child care priorities, for their respective community needs, while providing the federal government with a clear idea of the targets and outcomes they hope to achieve.

For every jurisdiction, there are round tables where the action plans are and will be regularly discussed and reviewed to ensure there is progress. Where there is not progress, the federal government can engage its partners on those issues.

Finally, every agreement has a dispute resolution and termination clause. This is important because, whereas the politics of child care motivates provinces and collaboration and dialogue at implementation tables drives the monitoring of action plans, it is dispute resolution and termination clauses within the agreements that are important last resorts that must be and remain available.

Canada’s early learning and child care, or ELCC, system is built on the principles of high-quality, affordable and inclusive care that is available for all families and children through public and not-for-profit providers who prioritize the quality of services and affordability, rather than profits. It must be care that supports cultural identity and is available to linguistic minorities from coast to coast to coast.

This program is not about bolstering private businesses or adding to their profits. It is about investing in quality, affordability, space creation and workforce development.

Yet, to be candid, colleagues, although this program has received wide support from all sectors of society, and although the government has received a democratic mandate to continue it based on these principles, we have seen that many of the provinces’ current political leadership might not be totally aligned. They might have a preference for for-profit care or might not prioritize the expansion of spaces for specific groups, such as official language minority communities or Indigenous peoples. Should those provinces be willing to go against the political tides and refuse to meet their commitments in their action plans, these dispute resolution and termination clauses become more important as tools of last resort.

I want to specifically place on the record part of the agreement regarding dispute resolution and termination. I will use my home province of Ontario as an example. Subsection 8.1 of the Canada – Ontario Canada-wide Early Learning and Child Care Agreement — 2021 to 2026 states:

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

Jumping forward, subsection 8.3 states:

As the Parties take stock of progress as outlined in section 6 —

— regarding long-term collaboration —

 — should there be challenges, Canada and Ontario agree to work together to explore workable solutions, including proportional adjustments to targets. The responsible Ministers for Canada and Ontario agree to consider all reasonable approaches put forward by officials to address challenges.

Subection 8.4 states:

If at any time either Canada or Ontario is of the opinion that the other Party has failed to comply with any of its obligations or undertakings under this Agreement or is in breach of any term or condition of the agreement, Canada or Ontario, as the case may be, may notify the other Party in writing of the failure or breach. Upon such notice, Canada and Ontario will endeavour to resolve the issue in dispute bilaterally through their designated officials.

The agreement goes on to explicitly lay out the process. It is clearly defined in the agreement. Canada can terminate the agreement at any time, according to subsection 10.1:

. . . if the terms of this Agreement are breached by Ontario by giving at least 6 months written notice of Canada’s intention to terminate the agreement. . . .

Subsection 10.2 states:

After the date of termination of this Agreement under section 10.1, Canada shall have no obligation to make any further payments to Ontario after the date of effective termination.

Colleagues, the cost of non-compliance is loss of money. It is a significant and powerful driver for compliance.

This might have been a bit tedious to listen to — my apologies — but I think that reading all of that into the record is important to assure us and all Canadians listening that there is, in a very real sense, accountability from the provinces, and between the provinces and the federal government.

We actually got to see this accountability take place, in one form, just recently. I encourage you to read your own provincial agreement, as they are easy to access online.

But referring to the recent example, on October 27, CBC News reported that New Brunswick’s education minister had told reporters that the province “. . . needs to renegotiate its 2022 child-care agreement with the federal government to address a long wait list for spaces in the province.” The article goes on to explain that the province was asking for more flexibility to expand the for-profit sector rather than the not-for-profit sector.

On October 31, another report was published, this time with the Honourable Minister Sudds stating quite clearly that New Brunswick will be held to the terms of the agreement in place. This was a clear and important statement from the minister, and I believe it will relieve fears that Ottawa would compromise and be less effective.

Of course, this is true for this current federal government, but what about future governments that might not share the same ideological penchant as this current government? That is where Bill C-35 comes into play.

Bill C-35, as you heard me state at second reading, builds upon these agreements by enshrining the federal commitment to build Canada-wide ELCC into law. The bill imposes conditions on Ottawa regarding its engagement with the provinces, territories and Indigenous peoples through the vision and principles of the Indigenous Early Learning and Child Care Framework. Its adoption will provide significant assurance for those partners, the child care sector, the child care workforce and families that Canada-wide ELCC is here to stay.

I want to focus my remarks here on clause 7 of the bill, because that is where the money is. Clause 7 lays out the guiding principles for funding. These are the rules of engagement for Ottawa. These are the conditions by which the Government of Canada makes investments into child care. To put it differently, these are the essential principles that must be included in every agreement going forward.

This clause ensures the accountability of the federal government going forward. It is the stake in the ground that holds Ottawa accountable, and it is how, along with the agreements, Ottawa works with the provinces and keeps them accountable.

Subclause 7(1) of Bill C-35 reads:

Federal investments respecting the establishment and maintenance of a Canada-wide early learning and child care system — as well as the efforts to enter into related agreements with the provinces and Indigenous peoples — must be guided by the principles by which early learning and child care programs and services should be accessible, affordable, inclusive and of high quality . . . .

The Hon. the Speaker: Honourable senators, debate on this item will continue at the next sitting of the Senate.

(At 4 p.m., pursuant to the order adopted by the Senate on September 21, 2022, the Senate adjourned until 2 p.m., tomorrow.)