Quebec’s Family Ministry is facing legal pressure from immigrant parents who are challenging the province’s decision to exclude their children from subsidized daycare programs.
At the center of this growing legal conflict are open work permit holders, mainly from France and Ukraine, who were recently informed that their children no longer qualify for subsidized childcare—despite previously being enrolled under valid documentation.
This policy change, or more precisely, the Ministry’s enforcement of an existing rule, has sparked outrage and confusion among parents and daycare providers alike.
Now, affected families are threatening to sue Quebec’s Family Ministry for what they claim is a discriminatory and legally unsound directive.
Subsidized Daycare in Quebec: The Issue at Hand
In Quebec, families can access highly affordable daycare services known as Centres de la Petite Enfance (CPEs). These government-subsidized centers offer childcare at a daily rate of $9.35.
Access to CPEs is governed by provincial eligibility rules, which now appear to exclude a specific category of immigrants: those holding open work permits.
Earlier this month, the Ministry issued a directive to daycare operators stating that children of parents with open work permits are not eligible for these subsidized services.
This includes families that have already secured daycare placements based on documentation previously deemed acceptable by government and daycare staff.
For many, this came as a complete surprise. Several parents had their children already enrolled for the 2024 school year. They submitted valid open work permits and were approved—only to be later informed they must vacate their spots.
Directive Sparks Confusion Across Quebec Daycare Providers
CPE administrators, like Alexis Pereira of Les Copains d’Abord in Montreal, voiced their concerns. “It’s hard for us to keep track of what has changed, what hasn’t,” said Pereira. “It’s very confusing.”
This sentiment reflects a wider problem: inconsistency in communication and application of Quebec’s daycare eligibility rules.
Many daycare operators say they were not informed of any eligibility change until they received the directive. They had already allocated spots to children of parents with open work permits, assuming those families were fully eligible.
Ministry’s Response: Rules Are Not New, But Enforcement Is
Quebec Family Minister Suzanne Roy stated publicly via X (formerly Twitter) that the rules have been in place since the creation of the CPE system. According to Roy, temporary residents on open work permits have never been eligible for subsidized daycare. However, she did confirm that the Ministry will review existing files for children who already hold a daycare spot.
Still, her office declined to provide a definitive count of how many children could lose access, stating it would be “premature” to issue figures. Some reports, such as from Radio-Canada, suggest the number could reach into the hundreds.
Legal Grounds: Why the Parents Are Suing Quebec
Parents opposing the directive argue the following:
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They hold valid open work permits issued by Immigration, Refugees and Citizenship Canada (IRCC).
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They are legally employed in Quebec, contributing to the economy.
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They are lawfully residing in the province and paying taxes.
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Their children had already been admitted into CPEs based on valid documents.
From a legal standpoint, they claim the Ministry’s directive violates basic administrative fairness and could contravene sections of the Charter of Human Rights and Freedoms (Quebec) and Canadian Charter of Rights and Freedoms. The argument rests on the idea that denying daycare access based on permit type—without notice, justification, or a transition period—is arbitrary and discriminatory.
These parents sent a formal legal notice to the Family Ministry on Tuesday demanding the directive be retracted and that their daycare confirmations be honored. If the Ministry fails to respond or comply, the parents say they will proceed with a lawsuit.
Understanding the Types of Work Permits in Quebec
To clarify the core of the controversy, it’s important to understand the types of work permits recognized in Quebec:
| Work Permit Type | Eligible for Subsidized Daycare? | Description |
|---|---|---|
| Closed Work Permit | Yes | Tied to one employer and position; includes LMIA-based permits |
| Open Work Permit | No (per the directive) | Allows work for any employer in Canada; includes spousal and post-grad permits |
| Permanent Resident | Yes | Full legal residents with access to all public services |
| Refugee Claimant Permit | Case-dependent | Eligibility varies depending on status and length of stay |
Currently, the Ministry’s position is that only parents with closed work permits or permanent status qualify for subsidized childcare under the CPE system.
Policy Gaps: How Quebec’s Decision Impacts Immigrant Integration
This situation exposes a significant gap in Quebec’s immigration and social integration policies. Open work permit holders often work in critical labor sectors such as healthcare, education, and technology. Denying their families affordable childcare undermines their ability to settle and contribute fully.
Moreover, this directive contradicts Quebec’s stated goal of attracting skilled workers and improving labor market participation.
According to data from Immigration, Francisation et Intégration Québec (MIFI), thousands of new immigrants arrive in Quebec annually on open work permits, especially as accompanying spouses of skilled workers or students.
Penalizing these families sends a mixed message about Quebec’s openness to immigration and long-term settlement.
What Should Parents and Daycares Do Now?
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If you hold an open work permit, review your daycare acceptance letter and contact the daycare administrator.
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Request written clarification from the Family Ministry about your status.
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Consult an immigration attorney with experience in Quebec’s provincial policies.
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Prepare documentation, including your work permit, employment proof, and daycare confirmation.
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Join collective legal actions, if applicable. Collective legal pressure is often more effective in administrative law disputes.
Conclusion
Quebec’s recent enforcement of its subsidized daycare eligibility rules has placed hundreds of working immigrant families in an uncertain and unjust position.
Parents with open work permits are now being told their children no longer qualify for affordable childcare. This not only disrupts families but undermines Quebec’s own efforts to attract and retain skilled workers.
The lack of clear communication, sudden policy enforcement, and disregard for families already enrolled in daycare have raised serious legal and ethical concerns.
If the Quebec government does not reconsider its stance, it may face significant legal challenges that could set a precedent for how immigrant families are treated under provincial law.
Are you confused by Quebec’s daycare rules or facing issues due to your immigration status?
Maple Crest Immigration can help. Our legal team specializes in Quebec immigration, work permits, and family integration support. We offer:
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Legal reviews of eligibility for social services
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Personalized immigration advice
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Support in preparing appeals and legal notices
Contact us today for a consultation. Let us help you secure the services your family needs and deserves.
