Fairness for the Self-Employed Act

An Act to amend the Employment Insurance Act and to make consequential amendments to other Acts

This bill was last introduced in the 40th Parliament, 2nd Session, which ended in December 2009.

Sponsor

Diane Finley  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Employment Insurance Act and other Acts by establishing a scheme to provide for the payment of special benefits to self-employed persons who are not currently entitled to receive them.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 12:50 p.m.
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Liberal

Raymonde Folco Liberal Laval—Les Îles, QC

Madam Speaker, I thank my colleague for the compliments.

My colleague is our party's critic for seniors' issues. The issue of pensions is a very important topic these days in Canada. It is something that we must definitely examine carefully in connection with how much a person earns.

For self-employed workers, the amount of money they earn one year will not necessarily be the same as the amount they may earn another year. Even within the year, there are ups and downs. They work hard some months, and other months, they do absolutely nothing and have no income.

I would say that it is like a roller coaster, and we must have a close look to determine the minimum threshold that would allow self-employed workers to receive pension benefits.

I thank my colleague for bringing up this issue, because this will enable us to study it in committee.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 12:55 p.m.
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Conservative

Patricia Davidson Conservative Sarnia—Lambton, ON

Madam Speaker, I would like to thank my colleague opposite for her comments and her study of this bill, which of course is a huge step forward and is fulfilling some of our campaign promises.

We all know there is a great number of people who are self-employed. There are certainly thousands of self-employed tradespeople who are currently unable to participate in the EI program. I would ask the member opposite to give us her thoughts on how this would greatly help the tradespeople.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 12:55 p.m.
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NDP

The Acting Speaker NDP Denise Savoie

The hon. member for Laval—Les Îles has only one minute to respond.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 12:55 p.m.
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Liberal

Raymonde Folco Liberal Laval—Les Îles, QC

Madam Speaker, I should put the question back to my colleague opposite. That is the major flaw in this bill. Who will benefit from it? Will it be businesspeople, people who work from home? Who are they? The member's party has not identified the groups who will benefit from this bill. That still needs to be done.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 12:55 p.m.
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Glengarry—Prescott—Russell Ontario

Conservative

Pierre Lemieux ConservativeParliamentary Secretary to the Minister of Agriculture

Madam Speaker, I will be splitting my time with the member for Simcoe—Grey.

It is a pleasure for me to rise today in defence of Bill C-56, Fairness for the Self-Employed Act, which provides self-employed persons in Canada with special employment insurance benefits.

Entrepreneurship is vital to a vibrant economy and creates jobs in Canadian communities. Last year, there were 2.6 million self-employed in Canada, accounting for 15.4% of the active population. Nearly one-third of self-employed women are in their reproductive years.

Self-employed persons have little or no income protection during major events in their lives, such as the birth or adoption of a child, sickness, or the provision of care to gravely ill relatives. Our government wants the self-employed to have special employment insurance benefits comparable to those available to salaried employees.

Expanding access to these benefits is both fair and responsible. Let me explain these special benefits, which provide Canadians with income support during major events in their lives, such as the birth or adoption of a child or the need to care for a terminally ill relative.

Anyone would find that major events like these affect a person’s ability to work. Our Conservative government is very sensitive to the difficulties facing all working Canadians, who have to deal with the pressures of both their occupational and family responsibilities. All indications are that these benefits are very important to the self-employed.

A recent survey showed that self-employed persons are very interested in getting some help in dealing with these sorts of events in their lives. Our government is responding to their long-standing desire to be able to draw on this kind of support. We are proposing that the special employment insurance benefits for the self-employed should be similar to those available to employees under the current employment insurance program. The following would therefore be similar: benefit periods, income-replacement rates, maximum insurable earnings, the treatment of earnings, and the waiting period.

Adjustments will be made, of course, on the basis of the individual situations of the self-employed. For example, participation in the program will be voluntary and self-employed persons must contribute on an ongoing basis for at least a year in order to qualify for benefits. They can withdraw from the program at the end of any financial year, provided they have never received benefits. The contribution rate is the same as for employees, but they will not be required to pay the employer’s share of the employment insurance contribution because they will not be eligible for regular employment insurance benefits. The self-employed will qualify for benefits if their income is interrupted as a result of the birth or adoption of a child, a sickness, or the need to care for a gravely ill relative.

To be eligible for those benefits, they must earn at least $6,000 in the calendar year as a self-employed worker. As many hon. members know, the Government of Quebec already pays maternity and parental benefits to self-employed workers through Quebec's parental insurance program.

I would point out that with this bill, self-employed workers who live in Quebec will continue receiving maternity and parental benefits from Quebec's parental insurance program established by the Government of Quebec for everyone who lives in Quebec. However, they could also be eligible for the sickness and compassionate care benefits offered by the federal government through the employment insurance system. Since the province is already paying for parental and maternity benefits, the premiums paid by self-employed workers in Quebec will be lowered. Those are the main points of this bill.

Increasing access to these benefits is a fair, equitable, family-based policy that will greatly benefit families across Canada. Our Conservative government knows that family is the foundation of our beautiful country.

We believe that self-employed workers in Canada should not have to chose between their families and their professional responsibilities. I would like to look at Bill C-56 in a broader context.

When the Prime Minister came to power in 2006, he made child care one of this government's top priorities. In fact, this summer marked the third anniversary of the universal child care benefit. Since July 2006, we have been giving parents $100 a month for each child under the age of six. This means a total of $1,200 a year for each child under the age of six, which helps parents choose the solution that best meets their family's needs.

Since last February's budget, we have made major new investments in families. We have increased the income thresholds at which the national child benefit and the Canada child tax benefit are phased out. We have created $580 billion in refundable tax credits through the working income tax benefit. We have created $1 billion in decent, affordable housing. Over five years, we will deliver $20 billion in personal income tax relief. In short, support for Canadian families is one of this government's top priorities. That is the backdrop against which we are introducing Bill C-56, the Fairness for the Self-Employed Act.

These special benefits will not only help many people take responsibility for their family and loved ones, they will also give them peace of mind and greater financial security. As hon. members are well aware, the government acted quickly to help Canadians get through these tough economic times. That is another one of our priorities.

Thanks to Canada's economic action plan, we quickly made improvements to the employment insurance system by increasing the benefit period, making service more efficient, providing support for training and extending the work sharing program. The measures in Canada's economic action plan reflect this government's commitment to help all Canadians through this economic crisis.

This government has also expanded eligibility for compassionate care benefits and created the Canada Employment Insurance Financing Board to improve the governance and management of the EI account. More recently, the government has passed legislation to pay regular EI benefits to long-tenured workers who lose their jobs. These are people who have paid into EI for years but seldom received benefits and who now need a hand.

Our Conservative government is sensitive to Canadians' needs. This bill reflects our commitment to pay parental and maternity benefits to self-employed workers.

I encourage all members to join me in voting for this bill.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 1:05 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I want to thank the member for his presentation.

Does the government have any projections as to the uptake of this program? How many people will be affected by it? How many people will be applying for it, projected? In terms of its cost, who makes up for it if there are cost overruns in the program and where does the money to make up those costs come from?

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 1:05 p.m.
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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Madam Speaker, on the funding for this program, one reason why we ask self-employed Canadians to make contributions one year before they collect is so they help finance the program.

The intention is this is a self-financing initiative. Over time, the money that independent business people put into the employment insurance program will be used to pay their benefits. If there were cost overruns, our estimation is that over time, this may raise premiums for the average Canadian by perhaps 1¢ or 2¢. That is about it.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 1:05 p.m.
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Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, I have two questions for the member.

Huron—Bruce is a rural riding with many farmers, farm producers and farm families. It is a pleasure to hear the member speak today. As the Parliamentary Secretary to the Minister of Agriculture, could he comment on the impact this will have for farmers and farm families across Canada?

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 1:05 p.m.
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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Madam Speaker, I come from the riding of Glengarry—Prescott—Russell, which is also a rural riding. In fact, I will read a quotation. This is from Richard Phillips, the executive director of the Grain Growers of Canada. He said, “The legislation is very welcome. This has huge potential for quality of life in rural Canada”. He also said:

[This] could be the difference as whether one member of the family has to seek off farm employment because now families will have a choice. With over 200,000 farms in Canada, if even 10 per cent of them choose to take advantage of these programs, this could help ensure another 20,000 more young families staying on the land.

This is a great initiative for all Canadians, but particularly for rural Canadians, as indicated by the quotes from the executive director of the Grain Growers of Canada.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 1:05 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Madam Speaker, based on what I hear about the bill, it certainly sounds good. I hope that at the end of the day, it really serves the self-employed. However, it sounds like it will be very expensive.

I think about the many people in my riding of York West who are self-employed. They are self-employed because they are at home with children or caring for elderly family.

Is this program not really looking at those who are doing extremely well, or is there going to be a way to help those low-income earners who are still self-employed?

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 1:10 p.m.
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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Madam Speaker, the initiative being put forward will apply to all self-employed Canadians, whether they are on the low-income end or not. It is a program that will support all of them.

I take the opportunity to invite my colleagues on the other side of the House, particularly in the Liberal Party, to support this initiative. Independent business owners have been asking for this for an extremely long time. We have a government taking action and moving forward, but we need the co-operation of our fellow MPs in the opposition parties to make this a reality.

This is a very important initiative. It is being watched very closely by independent business owners and we should act in their best interests. That is why I invite my fellow colleagues to support this initiative.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 1:10 p.m.
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Simcoe—Grey Ontario

Conservative

Helena Guergis ConservativeMinister of State (Status of Women)

Madam Speaker, a year ago the Prime Minister said this:

Self-employed Canadians—and those who one day hope to be—shouldn't have to choose between starting a family and starting a business because of government policy....They should be able to pursue their dreams—both as entrepreneurs and as parents.

At the time, Conservatives promised to extend EI maternity and parental benefits to the self-employed. That was our pledge to all Canadians.

Canadians who pay into the EI system now get not only maternity and parental benefits but also compassionate care benefits and sickness benefits. Right now the field is not fair. Those Canadians get more.

We want to do more, we can and we will do more. We are doing more for self-employed Canadians through Bill C-56. Not only will we make maternity and parental benefits available to them, but also those same compassionate care and sickness benefits that most working Canadians already receive. This is both the fair thing and the right thing to do and it is really that simple.

The same relative assurance and stability that most working Canadians have due to these special benefits should be and now will be accorded to the work and lives of the literally millions of self-employed Canadians across the country.

Our Conservative government knows that families are the foundation of our great country and until the introduction of the bill, there was no choice for them at all. Self-employed Canadians have been on their own since the very beginning.

While we certainly have faith in the abilities and the willingness of these Canadians to create jobs, to create wealth and to save and plan for the contingencies of life, successive Canadian governments have done nothing to make things even just a little bit easier; that is, until now.

Bill C-56 amends the Employment Insurance Act to extend to self-employed Canadians similar EI special benefits that employees enjoy on a voluntary basis. These are the benefits that can help them cope with life-changing events and transitions, such as the birth of a child, the adoption of a child, a serious illness or having to care for a family member who is gravely ill.

These benefits have been available in various forms to most working Canadians for a very long time but never to our self-employed. Building this structure to facilitate our self-employed being able to draw on these benefits, if they want to and if they need to, is our government's way of making things a little easier.

There are somewhere around 2.6 million self-employed Canadians in our country. We are talking about over 15% of the workforce. We know that 47% of small business owners are women owned or operated by women. We know that the OECD has cited Canada as having one of the most entrepreneurial women's groups within the OECD developed countries. That is impressive. It is a very large and very important segment of our workforce and an even bigger segment of our entrepreneurial, creative and wealth-producing talent.

They have long asked for this sort of support. Previous governments completely ignored these Canadians and they have for decades. That is stopping right now.

Our government has listened and we have worked hard to create this bill and the structure and now we are delivering results for the self-employed.

In many cases self-employment has meant a new start for people or even a challenge right at the outset of a person's working life. Many of these people are entrepreneurial by nature. They are willing to take risks. They are very creative and they are driven.

I have been a small business owner myself, having been raised in a small business family and coming from a long line of small businesses, namely from a jewellery business, to a local garage owner, to a motel, to a grocery store and to a furniture business. That is the family business I was raised in for 40 years. I often jokingly say that I started in the dusting department and quickly rose and graduated to marketing, sales, finance and so on. A small business person is all of the above.

Many members here, past and present, and I am sure many in the future, too, have run small businesses and perhaps will run a business of their own when they leave this place.

Self-employed people set out to market their skills and their knowledge and the economy is much better for their resourcefulness and determination. In this place we often speak of creating the best trained, most skilled, most flexible workforce in the world. Often it is those very attributes that define the successful self-employed Canadian. They market themselves on their strengths, on their training and their skills and they are certainly among the most flexible people in the labour market.

Self-employed individuals must be ready to take on a very wide range of challenges. Many self-employed individuals find great satisfaction in being their own boss. They enjoy being called in to fix a particular problem for which their background and training make them qualified.

However, as many self-employed people know, and would remind us, this kind of career path can be something like walking a tightrope at times and there is no safety net of benefits to tide them over should difficult times come upon them.

Life transition events can be extremely challenging for those who are self-employed. What do they do when they are sick? Who do they turn to? What do they do when a close family member has been diagnosed with a terminal illness? How do they balance their work and their family responsibilities?

An employee who pays EI premiums has access to EI maternal or paternal benefits when needed. Up to now, self-employed Canadians had no such option. Our Conservative government cares a great deal about the family. We are helping Canadians balance their work and their family responsibilities.

When the Prime Minister first assumed office in 2006, he made child care a priority for our government. Choice and opportunity would be the driving forces behind our government's policies when it came to Canadian families.

When our Conservative government sees such a large number of Canadian workers who might want to raise a family but do not have the kind of supports that they need, especially when those supports are available to other Canadians, we want to ensure we can help them. This situation is particularly acute when we consider how many self-employed Canadians are women.

As Minister of State for the Status of Women, I am proud of what the bill would accomplish for women. This, however, is nothing new because in every action that we have taken as a government, we have advanced the economic, social, cultural and democratic participation of women in this country.

The guiding principle for actions we have taken with respect to women has always been ensuring that the benefits go directly to women and their families. That was why our government chose to provide child care benefits directly to parents. That is why we created two new funding programs at Status of Women Canada: the community grants fund and the partnership fund. We increased the budget for both of these programs so women's organizations across the country could get the assistance they needed in order to help within their own specific communities.

Funding for Status of Women Canada right now is at the highest level in Canada's history. We have seen a dramatic increase in the number of women's organizations across the country that are receiving funding, in fact, a 69% increase. Forty-two per cent of them are receiving money for the first time.

To date, 100,000 women have benefited from these projects, which focus on economic security, ending violence against women and leadership and democratic participation. However, the larger portion is focused on economic security. This includes talking about financial literacy or helping a new businesswoman understand what is required in terms of accounting measures for small business, or, for new immigrants, even knowing where to go to begin that new business.

Over the summer, I had an opportunity to meet with women across the country from all walks of life. I was proud and impressed to hear from so many Canadian women on how they had accomplished so much as small business women and what they were looking for from this government.

I heard time and again that they wanted us to fulfill the promise and the pledge that we made to provide maternal and paternal benefits to the self-employed, and that is exactly what we are doing. We are doing one better. We are also going to provide compassionate benefits, which are important.

Working with businesswomen across the country, being a former owner of a small business and having a Masters in business, I can tell the House that small businesswomen across the country are pleased with this government. They are looking to all members in the House to support the bill.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 1:20 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I want to follow-up with a question that has to do more with the previous government speaker. I asked him to provide us with the projections for the uptake on the program. In other words, how many people does the government think will take advantage of the program in the first or second year, and the cost of the program. I also asked what would happen with overruns. His answer was simply that the program would be self-financing, but if it did not self-finance, the premiums might go up 1¢ or 2¢.

The point is with Bill C-50, the bill dealing with long tenured workers, the government projected 190,000 participants would be involved and it projected a cost of $1 billion.

In this bill, the government must have done a similar analysis. I would like to know where the analysis is. How many people does the government project would be helped by this program in the first year, two years and three years?

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 1:20 p.m.
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Conservative

Helena Guergis Conservative Simcoe—Grey, ON

Madam Speaker, I thank the member for his important question.

I will highlight for him what Catherine Swift, president of the Canadian Federation of Independent Business, had to say. She said the bill would fill a “glaring gap” for those who run their own business, especially women. She said:

We have a lot of women members. They'd like to have a child and yet abandoning [their] business is not [an option].

This is a strong businesswoman, the president of the CFIB. She has her ear to the public, to the small business people. She clearly knows what they are looking for. Her strong statement highlights that there are a lot of small business people who are members of her organization who have been looking for this.

In addition to that, public opinion research has indicated that 86% of the self-employed support access to sickness benefits, that 84% support access to compassionate care benefits, and that 64% support access to maternity and parental benefits.

This is something that goes back years. Those in small businesses have been calling for it for about 10 years. There have been a number of reports, even specifically on women and women in business, indicating that they have been asking for this initiative. It is clearly something that they want.

It depends on the uptake. The member knows that. Clearly we can see that there is a strong interest and desire to have this.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 1:20 p.m.
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Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, I would like to thank the Minister of State for the Status of Women for the hard work that she has done. The work she is doing for financial literacy and for young women at risk is phenomenal, and I know it will yield great results in the future.

I would like the member to give us a contrast between the previous Liberal government and our current government. As far back as 1993, the previous Liberal government promised child care. In 2003, it promised parental benefits for the self-employed. That was the principal recommendation of the Liberal women on the Prime Minister's task force for women entrepreneurs. The member for Notre-Dame-de-Grâce—Lachine admitted the previous Liberal government completely ignored it.

Could she briefly tell the House about the great work this government has done in delivering for families and for businesses?