Order Fixing the Day on Which This Order Is Made as the Day on Which Sections 9 to 15 of the Canada Early Learning and Child Care Act Come into Force: SI/2026-53
Canada Gazette, Part II, Volume 160, Number 20
Registration
SI/2026-53 October 7, 2026
CANADA EARLY LEARNING AND CHILD CARE ACT
Order Fixing the Day on Which This Order Is Made as the Day on Which Sections 9 to 15 of the Canada Early Learning and Child Care Act Come into Force
P.C. 2026-865 September 25, 2026
Her Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Social Development, under section 17 of the Canada Early Learning and Child Care Act, chapter 2 of the Statutes of Canada, 2024, fixes the day on which this Order is made as the day on which sections 9 to 15 of that Act come into force.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
This Order in Council is to bring into force the remaining sections of the Canada Early Learning and Child Care Act (the Act). The Order in Council fixes the day on which it is made as the day on which sections 9 to 15 of the Act come into force.
Objective
The objective of this Order is to establish the National Advisory Council on Early Learning and Child Care (ELCC) in statute as a legislated advisory council (statutory Council) with a mandate to provide expert advice to the Minister of Jobs and Families and Minister responsible for the Federal Economic Development Agency for Northern Ontario (the Minister) and a forum for consultation on issues related to ELCC. Sections 9 to 15 of the Act pertain to the establishment of the statutory Council as well as its membership, functions and operations. The statutory Council will replace the current ministerial Council established under the Department of Employment and Social Development Act. The establishment of the statutory Council ensures its permanency and long-term role in supporting the federal commitment to establishing a sustainable and enduring Canada-wide ELCC system.
Background
In Budget 2021, the Government of Canada committed to building a Canada-wide ELCC system where children have access to high-quality, affordable, flexible and inclusive child care no matter where they live. The federal budget also committed to establishing a National Advisory Council on ELCC.
On November 24, 2022, following an open, transparent, and merit-based (OTMB) selection process, the Minister announced the appointment of 15 Council members, including a full-time chairperson, for a three-year term (2022–2025). The OTMB process was used to allow for the possibility of eventually converting the ministerial Council members to Governor in Council (GIC) appointees in the future. The ministerial Council is comprised of a diverse group of experts, including academics, advocates, practitioners and caregivers, and reflects Canada’s geographic, cultural and linguistic diversity. The ministerial Council has a mandate to provide expert advice and to serve as a forum for consultation on issues and challenges facing the ELCC sector. Since its establishment, members have met regularly to prepare advice in response to direction from the Minister.
On December 8, 2022, then-Bill C-35: An Act respecting early learning and child care in Canada was introduced in the House of Commons with provisions to enshrine the Council into law. On March 19, 2024, the Act received royal assent. The Act establishes in law a National Advisory Council on ELCC, which allows for the conversion of the current ministerial Council to a statutory body. These provisions were to take effect at a later date through an Order in Council, giving enough time to obtain formal authority for the members to transition to the statutory Council.
The Council completed its first three-year mandate (2022–2025) in September/October 2025. To ensure continuity of advice and support while the statutory Council was being established and sufficient time for the GIC appointment process of Council members to take place, the Minister requested that the ministerial terms of Council members be extended by one year. Thirteen out of the fifteen inaugural members have confirmed that they will continue to serve on the Council.
Given that work on the transition process is underway, the bringing into force of sections 9 to 15 of the Act can now proceed. The transition from the current ministerial Council to the statutory Council is in line with the expectations of stakeholders and the commitments of the federal government.
The mandate of the Council will remain unchanged, as members will continue to provide advice to the Minister, including with respect to programs and services, funding and activities that support ELCC, and to consult broadly on matters relating to the Canada-wide ELCC system.
Implications
The Order bringing into force sections 9 to 15 of the Act will establish the existence of the statutory Council. The appointment of members to the statutory Council will be made via a separate proposal to the GIC.
Establishing the Council as a statutory body will not result in any significant additional cost to the federal government, given the current existence and operations of the ministerial Council.
Consultation
Pre-engagement that informed the development of the Act was undertaken from late 2020 to 2022, and engagement continued throughout the process until enactment. Overall, there was, and continues to be, general support from partners and stakeholders for an ELCC advisory body (i.e. the Council) enshrined in law to provide the federal minister with expert advice on challenges impacting the child care sector in Canada.
Some stakeholders have expressed concerns regarding the lack of prescribed representation for certain groups (e.g. distinctions-based Indigenous representation) on the Council. It is the intention of the Department of Employment and Social Development to focus on diversity in the appointment of future members of the Council.
Contact
Colin Spencer James
Director General
Employment and Social Development Canada
Federal Early Learning and Child Care Secretariat
140 Promenade du Portage
Gatineau, Quebec
K1A 0J9
Telephone: 819‑669‑7464
Email: colin.s.james@hrsdc-rhdcc.gc.ca