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.

December 8th, 2009 / 4:20 p.m.
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Bloc

Yves Lessard Bloc Chambly—Borduas, QC

I'm going to answer Mr. Komarnicki's question and Mr. Jean's question. I think they are both very worthwhile questions that clearly reflect two opposing political options. For that reason, with all due respect, I will come back later with those two answers, but I will start with two statements made by Mr. Hiebert.

Mr. Hiebert started by telling us he is here as a visiting member. My impression is not that he is visiting the committee, but that he is visiting the House of Commons. He is missing a good session.

When the House refers a bill to a committee, it is so the committee can assess it and make amendments, and that is what we're doing. That is the first thing. This is not a cheap shot. It's what he said. He also told us he is visiting and finds this entertaining. I don't find the situation of homeless people at all entertaining. I don't take it lightly, here or anywhere.

Mr. Chair, I come to Mr. Komarnicki's question, because I think he asked a good question. He asked whether the other provinces could also have the right to opt out. However, the fact is that they have never requested it.

The House of Commons has recognized that we are a nation, with the attributes of a nation, let us hope. Those attributes are not always visible. Quebec, not the Bloc but all of the parties in the National Assembly, unanimously, have made the political choice that it will have full powers and full jurisdiction, as recognized in the Constitution, to take responsibility for social housing.

I have never heard Mr. Komarnicki or his colleagues say they wanted the same thing for Ontario or Manitoba or other provinces. That's up to you, you are entitled, it's your choice and we respect it. If there is anything we respect, it is your political choices. They may be described as right-wing, but we pass no judgment on those choices. It's up to you.

In our case, however, it is not our choice and that is not the recognition we have historically been given. As well, Quebec's historical request is not what appears in the bill.

However, I would not want to do to Bill C-304... I think the opposition considers it to be very important. It is not perfect. We want to give it the potential to be adopted, at least by the opposition. It is the basis for an amendment.

I find it unfortunate, however, that something as irresponsible as systematic obstruction of the work we are doing on Bill C-304 would be done here. I think it would be completely irresponsible, just as I would think it was irresponsible if we did it on Bill C-56.

The government asked us to expedite our work on Bill C-56. We did that and I think it is also important to expedite work on Bill C-304. If we are given substantive arguments, we will deal with them. But making arguments as frivolous as saying that it's entertaining is not acceptable. That kind of argument amounts to systematic obstruction.

Thank you.

The House resumed consideration of the motion that Bill C-56, An Act to amend the Employment Insurance Act and to make consequential amendments to other Acts, be read the third time and passed.

Fairness for the Self-Employed ActGovernment Orders

December 4th, 2009 / 10:35 a.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I had an opportunity to listen to the debate when it commenced and a couple of items did strike my attention.

We are dealing, as we know, with Bill C-56. I believe this bill in principle has the support of the House, being passed at second reading and because it provides special benefits on an opt-in basis under the employment insurance system to self-employed persons.

I listened to the minister introduce the bill and I thought that the minister carefully framed the issue before us when she said that Canadians should not have to choose between the family and their business responsibilities. We all know that many people choose self-employment because it gives them the flexibility to take care of family responsibilities. Some are self-employed because they have lost their jobs but still have to work, and they have to scramble to make ends meet. There are a variety of other circumstances that may put people in situations where they must be self-employed.

The employment insurance system provides benefits for employed persons who, for a variety of reasons, may have to leave their jobs to get benefits. In addition to those, though, there are a number of special benefits that are attached. I have a particular interest in this act, because one of those benefits has to do with maternity leave under EI. Some years ago I was very pleased to be able, through one of my private member's bills, to get maternity and parental leave benefits extended to a full year from the then six months. I believe that particular change to the EI Act was very well received by Canadians. I would note that in France now, maternity and parental leave benefits are for a full two years, recognizing the research and studies done on head starts for children and how important it is that parents have the opportunity to determine when is the right time for their child to access day care or child care, or when the child needs their parents to be home. The bill will go part way in that regard for self-employed persons. However, I fear it will probably not be enough and I hope that we will be pursuing this area of benefits for families with children. For me, it is so very, very important for families with children.

The minister also wanted to advise the House that self-employed workers in Canada are often the innovators in our economy. They are people who contribute their creativity, courage and capital in pursuit of a better life. They strengthen our communities, and it is the communities that make a strong country.

The minister also wanted to inform us that there are 2.6 million Canadians who are self-employed, and they account for about 15% of the working population. It is clear that this segment of our population faces circumstances that many people do not, or will never in their lifetimes, but it provides specific challenges. The difference for the self-employed is the fact that if they do not go to work or do the work, they do not get paid. There is a lot of work involved, but people make this sacrifice because it provides them with the flexibility to, among other things, make sure that the needs of their family, particularly their children, are taken care of.

Self-employed workers have been asking for these benefits for a very, very long period of time. The case has been well made, and self-employed Canadians do come from a broad range of situations and incomes. Some are professionals, scientists or technicians. They could be tradespeople or retailers, or they could simply be involved in a very small business where they are taking advantage of certain skill sets or abilities they have to provide goods and services. Thus it is an important segment of our economy that we really need to address.

About one-third of all self-employed women are also of child-bearing age, and many of them are choosing self-employment because it does provide the flexibility to combine a career with the responsibilities of raising a family. Obviously in these tough economic times, self-employment does offer a way for laid-off workers to stay active in the labour market and do their share in our economic recovery and, of course, to provide for their families.

Finally, with regard to the minister's comments, I thought that overall, the special benefits for the self-employed would mirror those of salaried employees. Under the EI program, the contributions and benefits for the self-employed would be comparable whether earnings came from self-employment, salaried employment, or a mix of the two; but clearly the overall goal was to make these special benefits for the self-employed the same as those for salaried employees, recognizing that some adjustments might be necessary. Those in fact have come to light in some of the statements made this morning and by the member for Laval—Les Îles, who raised the issue at the commencement of third reading.

In looking at the bill, I found it difficult to go through it because it has consequential amendments to a number of acts. There are also a number of exceptions. For instance, if one is self-employed and ill and wants to receive benefits, there is going to be a test whether one would be classified as self-employed without that illness. That is as simply as I can state it, but if we look at that in the act, it is not as clear as it would seem to indicate.

From the various conditions and exceptions, it looks as if there will be cases where it is going to subject to interpretation, and I only wish that this had been a little simpler. I wish the bill had been more focused on the requirements of people accessing these benefits and that it had relied more heavily on regulations, which allow a government the flexibility to make modifications by using formulas and regulations or by listing the certain kinds of things that would be there.

When we start to put everything in the bill and try to craft editorial remarks or prose around what our intent is, there is a risk of missing something. As I indicated earlier in response to the question by the previous speaker, we are at third reading now. This bill has received approval in principle and it cannot be changed in its macro sense. We can tweak it, but the only way to tweak it at third reading is either to refer it back to committee, or to pass it at third reading and let it go to the Senate and maybe it can help to clarify the bill or, if necessary, correct a problem.

Since these benefits subject to a voluntary opt-in will not kick in for a year, I guess there is time to deal with it in an amending piece of legislation, if we could do that. However, I have to say that when I looked at the minutes of the committee meeting, I appreciated what members had been saying about rushing through proposed amendments. As I read this last night, I see that it took a long time for the committee members to grasp the points that were being made in some of the amendments. There seemed to be a little too much pressure to deal with it quickly and get it out of committee.

That is a risk committees take when they simply take things on their face value. I say this with regard to the issue the previous speaker raised in the House, and also the member for Laval—Les Îles, because there seems to be a problem with the benefits and the premiums proposed for residents of Quebec.

Bill C-56 would amend the act to establish a mechanism to provide payment of special benefits, not the labour-related EI benefits that one can get as a salaried employee if one loses a job. There are other things, including maternity benefits, sickness benefits, compassionate care benefits, and parental or adoptive benefits. These are important to Canadians. We have a system that I believe provides adequately for those who are salaried, but not for self-employed persons.

In all provinces other than Quebec, these kinds of special benefits are not provided by provincial governments. Someone who wishes to have such coverage would have to get it through private insurance.

The Province of Quebec is different. The Province of Quebec already provides some of these benefits, which are included in the provincial tax on residents of Quebec. These benefits are extended to Quebec residents, but they have a real cost for the people in Quebec.

However, in looking at the discussion in committee and also at the representations of previous speakers, there seems to be something wrong. If we compare what benefits someone would get in another province of Canada if he or she opted into this plan with the ones that he or she would need, the differential in the premium a self-employed individual in Quebec would pay and someone in any other province does not seem to match up clearly with what one would reasonably expect in terms of a pro rata cost per $100 of earnings. That is an issue that some members have raised.

We have a situation where the standard of fairness and equity does not seem to have been met for all persons in all regions. Ensuring so is one of our critical responsibilities.

I am not going to go into the mechanics of the premiums, but just so that members are aware, I will say that self-employed workers in Quebec already have access to Government of Quebec benefits for parental leave, sick leave and compassionate leave to care for family. This means that self-employed workers in Quebec should not have to pay the same premiums as Canadians in other provinces, because they already receive some of these benefits, not from the Government of Canada but from the Government of Quebec. Therefore, it seems clear to us that the calculations have to reflect that.

I do not have the precise numbers, but let me give the House a broad indication of them. Since Quebec already has a parental insurance program, all regular employees and self-employed Quebeckers pay into that plan. In recognition of that fact, the general employee EI premium is $1.38 per $100 of income in Quebec versus $1.73 in the rest of Canada. Because Quebec has a provincial plan that overlaps what is otherwise available in EI and the residents of Quebec are already paying for these benefits, the current EI premium structure reflects that reality. Thus we can see the differential in premiums, taking into account the cost of programs that Quebeckers already have.

Under this new bill, self-employed Quebeckers would pay the same $1.38 in premiums. That just does not make sense. If they already have some of the special benefits, why would they pay the same premium after this bill passes as they pay now before it is passed?

Apparently the government has not taken into account in the bill the fact that there is this exception. It is a clear exception. It is not debatable; it is a fact.

Something needs to be done. I asked a government member where the government got the numbers. I think it was the parliamentary secretary who responded that the premium that is going to be charged to Quebeckers is going to be lower than the charge from private insurers. That may be true.

It depends, however, on what assumptions we make about the group which has been covered under a private insurer. It depends on the size, stability and all other good things. I have been involved a little in employee benefits. I am pretty sure I could go to different areas of the insurance system and find a range of premiums based on what one must take or cannot take or cannot opt in, and maybe a plan will not even be customized.

I am not sure it is good enough to say that it is generally lower than what private insurers charge. We need to be more specific. It has to recognize how much it costs for the benefits they already get, and if the premium is going to be adjusted, the cost should probably be deducted. We know what the cost is. There is another way to come at it, from the reverse side rather than to try to build it up.

I wanted to raise that because I do not like to see us get into these situations where a bill is at third reading and it is very awkward, cumbersome and maybe unacceptable for the government to move in one of the directions to make a change now. It would appear to me that there is time, because this program is voluntary, people can opt in, and benefits cannot be claimed until they have been in the program for a full year.

I urge the Minister of Human Resources and the parliamentary secretary to go back and look at what the experts and the witnesses have said. People have expressed a sincere concern. It is about fairness and equity for all Canadians in all regions. In the case of this bill, it would appear that is not the case.

I want to thank the hon. members who have raised this issue. It gave me an opportunity to look at it. I agree with them wholeheartedly that there have to be some changes here, simply from the standpoint of fairness and equity.

Fairness for the Self-Employed ActGovernment Orders

December 4th, 2009 / 10:20 a.m.
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Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

Mr. Speaker, we are here this morning to discuss Bill C-56, to amend the Employment Insurance Act.

The Bloc Québécois simply cannot support this bill because, once again, Quebeckers will be paying for the rest of Canada.

We are used to paying for the rest of Canada. We have always paid. We have paid for Alberta's tar sands development because the federal government, with our taxes, has injected money into this sector. We have also paid for various Canadian structures. Now we will be paying once again to improve the employment insurance fund, which soon will be in the red.

The Bloc Québécois really cannot support this bill because it will penalize Quebec's self-employed workers. My colleagues in this House really have to think about that. Once again, the self-employed workers of Quebec will pay for measures that they can already access practically free of charge and will pay for those workers who do not have access to them. That is insulting.

This bill amends the Employment Insurance Act to establish a scheme that will pay special benefits to self-employed persons. The bill will amend certain sections on special benefits. We do not agree with this.

These special benefits are maternity benefits for a maximum of 15 weeks. As for parental or adoptive benefits, Quebec already offers these two types of benefits. We want to be clear about this: in Quebec we already pay for these benefits. Therefore, we do not need the benefits that will be included under employment insurance. Sickness and compassionate care benefits are acceptable.

The bill will give the self-employed voluntary access to special employment insurance benefits. Their premiums will be based on their tax returns. They will need to have earned a minimum of $6,000 over the preceding calendar year to be entitled to benefits equal to 55% of their income. They will have to opt into the program one year prior to claiming benefits. For example, they will have to sign up in 2009 to receive benefits in 2010, and contribute for one year before having access to these benefits.

We have been told that this measure could be in place in 2010 with benefits based on the previous year's income, which would allow self-employed workers to sign up now.

However, once self-employed workers receive special benefits they must continue to pay premiums and cannot opt out. Of course, they will not be paying regular employee premiums.

Self-employed workers in Canada will pay $1.73 per $100 in insurable earnings to have access to the four measures. Self-employed workers in Quebec will pay $1.36 per $100 in insurable earnings to have access to two measures, which are the least expensive ones for the government.

It is as though I had four candies: one for $1, one for $2, one for 50¢ and another for 50¢. I make a deal and sell them for $2. But I keep the first two candies in my pocket. So you end up paying $2 for two candies worth 50¢. It is exactly the same thing.

What is shocking and insulting is that the government did not take into account that Quebec is proactive and already has measures to protect our self-employed workers. If they want to be fair and equitable, they should take that into account.

I hear my colleagues asking questions in the House and saying that this is a historic bill we could amend. But there is nothing historic about this bill, since Quebec has always paid for the rest of Canada.

My colleagues on the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities tried to amend the bill, but no amendments ever passed. An actuary came to explain to the committee how it worked in Quebec, but they were not interested in listening. That is insulting and shocking.

Then, they try to say that the Bloc Québécois is against the bill simply because it is always against everything. Come on. My colleagues need to open their eyes. We have to fix this bill and come back to it, because it is unfair to Quebeckers.

Quebec is unique because the CSST provides some protection for our self-employed workers. It does not make sense that Quebec should always be forced to foot the bill for services provided and measures implemented elsewhere. Self-employed Quebec workers need to know that they are being taken for a ride. Let me be the one to say that this is a dirty trick. My Bloc Québécois colleagues and I will unmask this bill. Why should we have to pay more than anyone else for our penny candy?

In committee, the Bloc Québécois was not very keen on this bill. When the federal government offers what it calls social measures to the rest of Canada, there is always a catch when it comes to Quebec. This is further proof of that. The Bloc Québécois tried to amend the bill, but did not succeed.

Moreover, Liberal and NDP members from Quebec are going to vote for this bill. When will it end? They are going to steal the shirts right off of Quebeckers' backs. That is why this bill is so bad for Quebec. I am quite sure that Quebeckers will not forget this.

This is not unlike what happened with the gun registry. Once again, Quebeckers are falling through the cracks. So many of these bills seem to suggest that the rest of Canada expects Quebec to just suck it up and do as it is told.

I do not want Quebec to be a region. My region—my country—is Quebec, and Quebec is proactive when it comes to implementing social measures well before all of the other provinces.

I have no problem with anyone wanting to copy Quebec's social measures, but it is not right to make Quebec pay the price for the government's failure to come up with its own good ideas.They should have brought in measures to protect self-employed workers a long time ago, like Quebec did. I do not want to pay for the rest of Canada.

I have nothing against them bringing in social measures elsewhere, but I do not want them to tell Quebeckers to foot the bill when the rest of Canada never pays for measures in Quebec. On the contrary, we fight for those measures.

Fairness for the Self-Employed ActGovernment Orders

December 4th, 2009 / 10:05 a.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I will start by saying that I will share my time regarding Bill C-56 with the member for Terrebonne—Blainville.

When the government introduced Bill C-56 to make it possible for self-employed workers to receive special benefits, we were generally in favour of it. It is an idea that the Bloc Québécois has defended for a long time, that self-employed workers should have access to the employment insurance system, with some restrictions, of course. We imagined it would be much more inclusive, but this seems to be a step in the right direction. That is why we voted in favour of the bill at second reading, to refer it to a committee to be examined further.

Right from the start, however, we felt that the amount of $1.36 for every $100, which is not explicitly stated in the bill, was excessive. The Minister of Human Resources and Skills Development, through the Minister of National Revenue, announced that self-employed workers in Quebec would be asked to contribute $1.36 for every $100 of insurable earnings. Self-employed workers, especially women in Quebec, already have access to parental leave, which was implemented by the Parti Québécois some years ago. This program is very successful, and is partly responsible for the rather impressive and reassuring increase in the fertility rate in Quebec.

We therefore had some apprehensions, but once again, as I said, we wanted to give the government a chance, so we sent the bill to committee. Our fears quickly proved to be well founded. This premium of $1.36 per $100 would be used for two types of benefits: sickness benefits and compassionate care benefits. I would remind the House that we are talking about 15 weeks in the case of sickness benefits and six weeks in the case of compassionate care, if I remember correctly, so these are fairly minimal benefits. In my opinion, very few male and especially female workers in Quebec are going to enrol in this system at a cost of $1.36, even though enrolment is voluntary. As responsible legislators, we cannot accept this approach.

Consequently, in committee, we tried to amend the bill to ensure that the contribution rate for self-employed workers in Quebec would be fair, given the new coverage they were being offered. Moreover, the amendment was designed so that if another jurisdiction in Canada were to offer benefits such as parental or maternity leave or sickness or compassionate care benefits, there would be a formula to reflect that reality and prevent these self-employed workers from having to pay twice for the same type of coverage, either now or in the future.

We tried to debate this in committee, but the Liberals unfortunately did not see things our way, so we will be forced to vote against Bill C-56 at third reading.

In addition, the former EI chief actuary, Michel Bédard, took it upon himself to provide us with his assessment of what the contribution rate should be for self-employed workers in Quebec. He sent an email to my colleague from Chambly—Borduas, basing his calculations on the cost of these special benefits. We are talking about roughly $1 billion for parental or maternity leave. The rest was for compassionate care and sickness benefits. I would like to quote his conclusion:

Quebeckers should pay a contribution rate of $0.41 per $100 under Bill C-56 for sickness benefits. A rate of $1.36 per $100 would clearly be excessive.

The former actuary said that. If I recall correctly, he served in that position from 1991 to 2003, so he has the expertise to make the necessary calculations.

That amount also takes into account system administration costs. The amount the government announced is over three times too high given the new coverage it will be offering to self-employed Quebec workers. We do not want to have anything to do with a Conservative government plan that verges on usurious.

That is why we will vote against this bill. If the bill passes, the Bloc Québécois will take it upon itself to make sure self-employed workers in Quebec know that this plan is a rip-off.

We have to look at things from a broader perspective. We have to say no to this bill because it is just a way to get money from workers whose income is already, for the most part, relatively low. But we think that this scheme is just cover for a Conservative government agenda to bring down the deficit, which is growing on a monthly basis because of the ongoing economic crisis and the recession, which have resulted in lower revenue and higher spending.

Basically, a review of the Minister of Finance's latest documents clearly reveals that the Conservative government will once again use the employment insurance fund as a cash cow to fight the deficit. That is the agenda behind Bill C-56, and we will not stand for it. We did not stand for it when Paul Martin's Liberals used the employment insurance fund—premiums collected from workers and employers, including small and medium businesses—for purposes other than those for which the money was collected.

The Minister of Finance's documents are very clear: over the next few years, more than $15 billion will be taken out of the fund to pad the government's coffers. We find that deeply unfair and unproductive. Everyone knows that employment insurance premiums are an employment tax.

Proportionally speaking, what kind of businesses hire the most workers? Small and medium businesses. That is why this bill will perpetrate an injustice not only on workers, but also on the entrepreneurs who create the most jobs in our economy. That is especially true for Quebec.

We refuse to be complicit in another misappropriation of the employment insurance fund for other purposes. I would also remind the House that the Liberal government diverted somewhere between $55 million and $57 million for other purposes. Furthermore, two-thirds of the money used to pay down the deficit and create a surplus came from the employment insurance fund, and the rest came from unilateral cutbacks in federal transfers to the provinces. If memory serves, there was a surplus of approximately $67 billion from 1998 until the end of the Liberal reign.

We are now witnessing the same scenario. It is a case of déjà vu. We simply cannot support this completely unfair practice. It is unwarranted, because there are other ways to balance the budget. Bill C-56 demonstrates the Conservative government's willingness to use the employment insurance fund to tackle the deficit. It has other means at its disposal. Perhaps those means may require public debates. Perhaps it is easier for them to use, in an underhanded way, the EI fund and the premiums that workers and employers have to pay. Maybe this prevents them from having to hold public debates.

That said, it would be in line with the Conservative way, which involves concealing information and imposing its vision for socio-economic development. And I am not even talking about environmental and cultural decay.

By stating here today that we will vote against Bill C-56, we are sending a clear message that we do not agree with this method of tackling the deficit.

As I said, there are other ways, including taxation measures, for example, particularly in the highest tax brackets. We have seen some bureaucratic spending and spending on federal government propaganda, which have been of no use whatsoever, either economically and socially. Our finance critic presented a plan a few weeks ago.

Accordingly, it will come as no surprise that we cannot accept this bill and that the Bloc Québécois will be voting against Bill C-56.

The house resumed from December 2 consideration of the motion that Bill C-56, An Act to amend the Employment Insurance Act and to make consequential amendments to other Acts be read the third time and passed.

Committees of the HouseRoutine Proceedings

December 3rd, 2009 / 11:20 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I am quite surprised, actually, with an experienced parliamentarian like my hon. colleague from Acadie—Bathurst in respect to the fact that he knows as well as I do, or at least he should know, that contained in Bill C-56 is the provision that those self-employed Canadians who want to gain EI benefits have to opt in, but a year has to go by before they are able to do that.

Every day that we prevent this legislation from passing is one more day that self-employed Canadians are denied EI benefits. We have to get this done. We want to get this done before year end, so that come January 1, 2010, people can start opting into this program. The member should know that.

Committees of the HouseRoutine Proceedings

December 3rd, 2009 / 11:20 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I thank my hon. colleague for the question. It is a good question.

Quite frankly, even if we had adjourned debate on the concurrence motion, this concurrence motion still would have come to a vote sometime early in the new year. We are not quashing the rights of any members to deal with this and have a vote on the concurrence of that report.

What it does do, what the NDP has effectively done, is delay the government's opportunity to bring forward legislation by three hours. We are nearing the end of our parliamentary session before we break for Christmas and for New Year's.

We want to get some of the legislation that Canadians are so concerned about, such as Bill C-56, the ability to give self-employed Canadians employment insurance benefits, down to the Senate to try to get it enacted as quickly as possible. The NDP and their colleagues opposite are delaying that attempt by this government to help Canadians.

Committees of the HouseRoutine Proceedings

December 3rd, 2009 / 11:15 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, the member for Mississauga South is quite correct in one aspect, that it is a right of a member to bring forward a motion for concurrence. I do not deny that. I am talking about the motivation behind why he brought it forward today. The member himself admitted that he has had this motion on the books for months. Why did he not deal with it earlier if it is that important to him?

I would also point out to the member for Mississauga South, who said this really does not stop anything from happening and we will still have a vote today, quite correctly, that the plans were to dispense with the government's initiatives this morning so that we could get to Bill C-56 this afternoon, which is entirely within our purview to do, so that we could hopefully dispense with that bill and get it down the hall to the Senate.

In effect, proceedings on government orders are being delayed by three hours, thereby delaying Bill C-56, an initiative to bring employment insurance benefits to self-employed Canadians.

If the member wants to stand up and defend why he is in agreement with delaying the fact that we want to get that bill passed through the House and to the Senate as quickly as possible, let him stand and defend his position on that.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 5:20 p.m.
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Liberal

Raymonde Folco Liberal Laval—Les Îles, QC

Mr. Speaker, since I do not have much time, I would like to get straight to the point regarding Bill C-56 to amend the Employment Insurance Act, to establish a scheme to provide for the payment of special benefits to self-employed persons who are not currently entitled to receive them. This includes maternity, sickness, and compassionate care benefits, and parental or adoptive benefits.

It is clear to us on this side of the House that this bill is extremely important for a large part of the population, especially for women who work. For example, we know that many women have to work several jobs, even if they are self employed, and we know they face serious problems, such as a lack of income support during periods of unemployment or an economic downturn. We know that self-employed female workers are often forced to quit their jobs when they are sick, and therefore have no income.

We also know—and I am skipping many parts of my speech—that it is women who traditionally care for children, although many men now help, and it is also women who care for their aging parents. This bill, which aims to help self-employed workers by providing sickness benefits and compassionate care benefits, should therefore provide some welcome relief. However, I would like to remind the House that last week, at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, we came up against a very important fiscal problem. We learned that this creates a very serious problem for Quebec. I will explain.

Self-employed workers in Quebec already have access to Government of Quebec benefits for parental leave, sick leave and compassionate leave to care for family. This means that, naturally, in the government's calculations for this bill, self-employed workers in Quebec should not have to pay the same premiums as other Canadians, because they already receive part of those benefits, not from the Government of Canada, but from the Government of Quebec. So it seems clear to us that the calculation that was reported to us in committee was incorrect.

Since I do not have much time left, I will simply ask the government to review the situation based on the actuarial forecasts, to look at the contribution rates for Quebeckers under Bill C-56, particularly for sickness benefits, and to have a serious look at the figures. The Liberals will vote in favour of Bill C-56, but I want to be clear: we are urging the government to check its figures and to fix them if necessary.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:50 p.m.
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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, it is my pleasure to speak to Bill C-56, An Act to amend the Employment Insurance Act and to make consequential amendments to other Acts, concerning self-employed workers.

I would like to begin by saying, as I have said during other speeches on the subject, that I toured the country to meet with workers across Canada. I went to Gaspé, to Montreal, and to Rivière-aux-Renards. I should mention to the member for Saint-Lambert that her riding is a very beautiful place. I visited all of the provinces—Newfoundland and Labrador, New Brunswick, Nova Scotia and so on—and I went all the way to Vancouver.

That was back in 1999. The Liberals were elected in 1997. I want to emphasize that because earlier, the Liberal member said that the Liberals were the ones who worked on the self-employed workers file. In 1999, I made a proposal to the House of Commons. I would like to read from the record:

The EI program, as it exists, does not take market realities into account. More workers are described as “self-employed”, which is not quite the case. A growing number of businesses are laying off people and then hiring them as self-employed workers in order to avoid having to contribute to EI or to a pension plan. Self-employed workers are not entitled to EI and are practically without social protection. We must take a closer look at what is really happening on the new labour market and explore ways to help so-called self-employed workers contribute to and benefit from the system.

I gave that speech quite a while ago. The NDP will support the bill currently before the House of Commons. In my opinion, it is time to support our self-employed workers, such as artists in Canada and Quebec, hairdressers in Canada and Quebec, and massage therapists, to name but a few. There are countless other categories of self-employed workers who need our help too.

Consider for example parental leave or sick leave. A hairdresser from my riding came to my office and asked how she could take advantage of the employment insurance system. She is a young woman who would like to start a family, but since she is self employed, she will not receive anything. She does not have the financial resources to start a family.

Finally, a bill has been introduced here in the House of Commons today. This bill aims to support people who need maternity leave or parental leave.

I applaud Quebec, which has had a program like this for several years now. It is time for the rest of Canada to have the same thing, through the employment insurance program. This is what people want. Some of the witnesses we heard from in committee even suggested having a separate fund, apart from employment insurance. We heard various proposals in committee.

The unfortunate thing is that the Conservative government introduced a bill for long-tenured workers without allowing us to make any amendments. It is all or nothing, which is unfortunate. Why bother having a Parliament and parliamentary committees and examining bills if the government refuses to be open to amendments and refuses to listen to the people?

This is how Parliament normally works. The government introduces a bill, which is studied in a parliamentary committee. For example, the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities would study the bill. The parliamentary committees' raison d'être is to allow Canadians and Quebeckers the opportunity to testify before the committee and share ideas that could inspire changes in order to create a better bill.

But the Conservative government arrived with an all or nothing proposal. Can we call that democracy? The government will say yes to avoid saying no. If we say no, we are saying no to all those workers who would have had a chance to have a program to help them.

I find that a bit sad. That is their business. The Bloc Québécois wants to vote against this bill. The Bloc members will do what they want, but I am sad for the workers in Quebec, the hairdressers and massage therapists and all those people.

Artists, whom we defended so ardently in the last election, will not be able to decide themselves whether they want to contribute. This is a voluntary program. We have to give other Canadians the opportunity to have it. We can do this together. People should exert pressure. I am sure that the Government of Quebec would know how to tell the Government of Canada that its premiums are too high and should be reduced, as they have been in the case of parental and maternity benefits. It is true that they pay lower premiums than others because part of the program already exists in Quebec.

I sympathize with what members are saying today, but I believe that the bill should be passed.

The government has also truly closed its mind to any change. The reality is that this program is going to cost money. According to the figures we have, there will be a $48 million surplus in 2010. I do not know whether it is million or billion, but it makes no difference, it is still money. We are talking about $57 billion. There will be a $48 million surplus with this program, because in the first year, 2010, people will pay into the system, but will not get any money in return, because they will not be entitled to receive benefits until 2011.

In 2011, a $24 million deficit is anticipated. In 2012, the deficit will be $39 million. In 2013, it will be $56 million, and in 2014, $78 million. These are the figures we have been given.

That is why we proposed that within six months of the coming into force of this part, the minister appoint a group of experts to study the effect and application of this part, or this act. Every year for a period of five years, the group of experts would consult the Canadian public and present to the House of Commons and the Senate a report of its findings and recommendations.

We are not asking for the world. We are just saying there is a new program, we are willing to vote in favour of it, but we just want to be sure there is follow-up to see if we are on the right track. This was supported by the Canadian Labour Congress. It was refused by the government. The Conservatives completely rejected this proposal. They said we needed royal assent. The answer therefore was no.

We asked for something else. I think this should be addressed. They say they want to help self-employed workers. That is what the government was saying earlier. I was listening carefully to the parliamentary secretary, who was saying that her government wanted to help self-employed workers. If that is the case, we had another proposal for being fair to those workers and supporting them.

I was saying earlier that the labour market has changed and that today there are more self-employed workers than ever. There are even more today than there were in 1999.

We made another proposal. Self-employed workers are not entitled to regular benefits. They are not entitled to receive regular employment insurance benefits. That is what it says in the act. Let us say that for more than a year, the worker earned 95% of his income from just one client.

An employee who is fired because his employer wants to avoid paying him benefits, and who is subsequently retained as a self-employed worker, should be recognized as a regular worker for the purposes of employment insurance, and be entitled to benefits, if he has worked 95% of the time for that employer. In this case, the commission would consider it to be equivalent to an employer-employee relationship.

Once again, the Conservatives said no. And yet they claim they want to help the self-employed.

There are two things that would have truly helped the self-employed. The latter are asking that a task force, in the next five years, report to both Houses given that the cost will increase. Even self-employed workers stated that they were not aware it would be so costly. It will cost them $78 million in the next five years. They would like to be given the facts and hear what we have to recommend.

We wanted to amend the bill in order to allow a self-employed worker who worked 95% of the time for a single client to be considered a regular worker. We are not talking about 50% or 25% of the time. If he were to lose his job, he should be entitled to employment insurance benefits.

Once again the Conservatives said no. I find that unfortunate. We have to adapt to the new labour market.

That is clear in the government report. It states that, in 2008, 2.6 million Canadians declared they were self-employed. For a vast majority, it is their sole source of income. That is a large number of people. It means that 2.6 million Canadians and Quebeckers do not have a safety net if they lose their employment, even during an economic crisis such as the current one.

The Conservative government would like Canadians and also Quebeckers to believe that the program they are presenting is the best in the world. It has overlooked a fair number of things. We must do more.

Earlier the Liberals were bragging about the fact that they were trying to help self-employed workers. They were in power for 13 years. From 1999 to 2005, they had enough time to implement a program, but they did not.

When a bill was introduced in the House of Commons to consider the best 12 weeks for workers, the Liberals, while they were in power, voted against that measure. Now that they form the opposition, they are saying that the 80% of women in the workforce benefit the least from employment insurance when they are the ones who need it the most.

Only 32% of women are eligible for employment insurance because the Liberals made major cuts to the program in 1996, when they were in power. That is when they decided that to be eligible for employment insurance, a person needed to have 910 hours of employment. They are the ones who have prevented a great number of women from being eligible for employment insurance.

The Liberal member said that, at the time, the economy was doing well and that only about 6% of the workforce was receiving employment insurance benefits. If the economy was doing well, then why did they make cuts to the employment insurance program?

When they made those cuts, the economy may have been doing well in Toronto, but it was not doing well in Atlantic Canada. Fish plants were closing and there were other closures in the forestry industry. There were closures everywhere. That is when the loggers had to leave the forest.

Back in the days of Liberal spending cuts, the unemployment rate out east was around 20%. They could not have cared less about people in the Atlantic provinces.

Better yet, a former Liberal minister—my predecessor, as it happens—told the Globe and Mail that the government would tame Atlantic Canadians. He called them shiftless and lazy. The Conservative member from Nova Scotia said something similar a few weeks ago—or was it last week—when he said that lazy, no-good bastards in Halifax do not want to work. That was almost the same thing. The Conservatives and the Liberals have the same attitude toward workers.

Today, the government said that it would freeze employment insurance contributions until 2011. But look out, because in 2011, rates will go up. In 2011, there will still be a $57 billion surplus in the employment insurance fund, a surplus that was stolen by the Liberals and the Conservatives. There is money in the employment insurance fund. It is not as though it is empty.

Why will premiums have to go up in 2011 despite the surplus in the employment insurance fund? It is funny to hear them talk. The Liberals dipped into the fund and spent the money over a series of budgets. The government paid off $92 billion of the national debt, but $57 billion of that was taken from workers who lost their jobs.

The Conservatives say that the Liberals were the ones who did it. But they cannot lay all of the blame at the Liberals' feet, because they have been in power since 2006. Who passed the bill in the House of Commons? There is a new commission, but it is only getting $2 billion. The Conservatives passed the bill, but the Liberals were the ones who supported it.

In the end, both parties stole the $57 billion because they legalized the theft. That is what happened. In last year's budget, $2 billion was deposited in the employment insurance fund. Now they say that it will not be enough come 2011. They say that they will have to raise contribution rates and make workers pay yet again for the debt acquired by the two parties that were in power.

They could do something else to help workers in Quebec and Canada. For example, the employment insurance calculation could be changed to be based on the 12 best weeks. Better yet, it should not even have a divisor, because under the EI regulations individuals already receive only 55% of their income in benefits. Even if an individual earned $1,000 a week, the 55% calculation would not be based on the $1,000, but on an amount of approximately $750. So the individual would only receive 55% of that amount.

A motion was moved in the House of Commons regarding the 12 best weeks, but once again, the Liberals and Conservatives voted against this motion, just as they voted against a bill for a 360 hour threshold when it was introduced.

Maybe one day workers—if there are any watching us at home—will realize that the Liberals and Conservatives are not their friends. Maybe one day they will realize. They will say that they are not receiving EI benefits because the Liberals and Conservatives made cuts.

They would have us believe that someone who goes to the employment insurance office to receive EI benefits does not want to work. I think that is shameful and unacceptable in our society.

In France, employment insurance recipients receive 75% of their income. The Government of France says that it pays that percentage because it is the workers' employment insurance program, and it injects money into the economy and the community. It does not label those people as lazy slackers, as the Conservatives and Liberals do. It does not do that.

The NDP will support this bill, but we believe it does not go far enough. Other changes need to be made to EI, and the $57 billion must be handed back over to the workers who have lost their jobs. It should not go to paying down the government's deficit.

The House resumed consideration of the motion that Bill C-56, An Act to amend the Employment Insurance Act and to make consequential amendments to other Acts, be read the third time and passed.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:30 p.m.
See context

Bloc

Josée Beaudin Bloc Saint-Lambert, QC

Mr. Speaker, I am very pleased to have this opportunity today to speak to Bill C-56, the Fairness for the Self-Employed Act.

I should say at the outset that the Bloc Québécois is opposed to this bill. I do not think that will surprise anyone, in light of the questions I have been asking the past few days. Although we were absolutely in favour of the principle originally behind this bill, we cannot support it, because it would be blatantly unfair for self-employed workers in Quebec. The Liberals and the New Democrats can see this unfairness, but have not bothered to speak out against it. On the contrary, they have endorsed it.

Let us have a look at some of the aspects of Bill C-56. This bill would allow self-employed workers to be eligible for special EI benefits: maternity benefits, to a maximum of 15 weeks; parental or adoption benefits, to a maximum of 35 weeks; sickness benefits, to a maximum of 15 weeks; and compassionate care benefits, to a maximum of 6 weeks.

Contrary to what the Bloc Québécois called for, this bill does not enable self-employed workers to have access to regular employment insurance benefits, but only special benefits. That is important. I believe that self-employed workers themselves understand what this bill means for them. This bill will be implemented on a voluntary basis. Self-employed workers will voluntarily enrol and contribute. They will have to earn a minimum of $6,000 in the calendar year preceding their claim to be entitled to 55% of their income. They will have to enrol when they file their income tax return for 2009 in order to have access to benefits the following year. Consequently, a self-employed worker will have to have contributed for a whole year before he or she can access these benefits.

We cannot support the bill because of the contribution rate that has been set for self-employed workers in Quebec: $1.36 per $100 of earnings. Allow me to explain. Bill C-56 proposes to allow self-employed workers to contribute voluntarily to the employment insurance system. However, unlike salaried workers, they would be entitled only to so-called special benefits, which, as I said earlier, include maternity and parental benefits, sickness benefits and compassionate care benefits.

Since Quebec already has a mandatory parental insurance plan for both salaried and self-employed workers, it goes without saying that Quebec must receive some sort of compensation to reflect the fact that self-employed workers there cannot receive the same benefits as Canadian workers. Moreover, salaried workers in Quebec already pay lower EI premiums because they also pay into Quebec's parental insurance plan.

To come up with the reduced contribution rate, the chief actuary of the employment insurance commission makes a relatively simple calculation that he publishes each year in his annual report on the break-even contribution rate and the maximum insurable earnings for EI. This calculation is as follows: the actuary calculates the portion of expenditures that pertains to parental insurance leave. This portion is then subtracted from the contributions Quebec workers are required to make.

The reduction is direct and based on a calculation, which means that the compensation accurately reflects the portion of expenditures that pertains to maternity and paternity benefits. This is a fair and equitable way to set the contribution rate for Quebec workers.

But in the case of Bill C-56, the government is completely ignoring this logic and proposing a totally excessive and abusive contribution rate for self-employed workers in Quebec.

For some reason, the government has decided to ask self-employed workers to pay exactly the same premium as salaried workers, even though they are not entitled to the same benefits. In other words—and I think all my colleagues here know it—salaried workers receive compassionate care and sick leave benefits, but also regular employment insurance benefits. However, self-employed workers, as I was just saying, will only get special benefits. They will not receive regular benefits, but they are being asked to pay the same premium.

Salaried employees and self-employed workers will pay into the same fund. That seems illogical for the reasons I just mentioned.

That means that Canadian self-employed workers will pay $1.73 in premiums, which would allow them to receive the three so-called special benefits. Self-employed workers in Quebec will have to pay $1.36, but those premiums will allow them to receive just two of the three special benefits. It just so happens that those two benefits are by far the least expensive. If I am not mistaken, the compassionate care and sick leave special benefits represent roughly 25% of the cost, whereas parental leave benefits represent 75%.

It took the working group some time to get answers to its questions on Bill C-56. Nonetheless, according to the estimates that were finally forwarded to us by the Department of Human Resources and Skills Development, maternity leave benefits will probably represent 70% of the cost of this new plan for the employment insurance system. You do not need a math degree to know that by paying $1.36, or 79% of what Canadian self-employed workers will pay, Quebeckers are being had.

In other words, Quebeckers are being asked to provide 19% of the funding for the plan, but, according to the department's numbers, they will collect only 6% of the benefits. That is scandalous.

We all agree that it makes sense for insurance plans to spread the risk. That is a basic principle of insurance. Insurance of all kinds is a risk-sharing endeavour that requires all beneficiaries to assume a portion of the risk because they cannot predict what events might cause them to lose their income for one reason or another. What we take issue with, however, is the disparity between how self-employed Canadian workers are treated and how self-employed Quebec workers are treated. The Canadian portion of the plan will result in a huge deficit at a contribution rate of $1.73, while the Quebec portion will produce a huge surplus at a contribution rate of $1.36.

It is expected that the Quebec portion of the sickness and compassionate care benefits, the only benefits to which self-employed Quebec workers will be entitled, will cost some $22 million in 2014, whereas premiums collected from Quebec will amount to $45 million. In contrast, in Canada, also in 2014, benefit payouts will be on the order of $280 million and premiums, $178 million. In other words, the government is asking self-employed Quebec workers to absorb the deficit for self-employed Canadian workers.

Of course we believe that is unfair. And we are not the only ones. We asked Michel Bédard, who was the departmental chief actuary for over 12 years, to provide an estimate of what he considered to be a fair contribution rate for self-employed Quebec workers. As it turned out, Mr. Bédard confirmed our initial suspicions. The contribution rate to be imposed on Quebeckers will be outrageously high, and the return they get will be ridiculously low.

That is why the Bloc Québécois cannot support this bill.

We know that, generally speaking, this government's employment insurance measures in no way meet the needs of Quebeckers. I said so yesterday and I will say it again: the program for long-tenured workers does not apply to Quebec forestry workers. The additional five weeks are a temporary measure. Self-employed workers in Quebec already had access to parental leave, and the contribution rate for compassionate care and sickness benefits is three times what the rest of Canada will pay. So there is a serious problem regarding employment insurance.

We now realize that it is Quebeckers who are always paying for others, although improving the employment insurance system, as the Bloc Québécois as been proposing for several years now, would be a good way to help all workers. We therefore cannot support this bill for the reasons I have just given.

I encourage our NDP and Liberal colleagues, especially those from Quebec, to ask themselves some serious questions and examine this issue closely, because it is very clear that self-employed workers in Quebec will be the ones to foot the bill for everyone else when it comes to this employment insurance fund.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4 p.m.
See context

Liberal

Maria Minna Liberal Beaches—East York, ON

Mr. Speaker, I am very pleased to rise today to debate Bill C-56, especially since we were able to avoid a strike with CN. I am very proud to have played some role in that and I am glad to see that things were dealt with amicably.

At the outset, the Liberal Party supports the bill.

I want to talk about a number of issues in the bill that I think could be improved and need to be identified. However, I want to start off by talking a bit about who we are talking about in terms of the self-employed. It is a bit of a nebulous picture. A lot of people think of people who may be working out of their house, doing part-time or contract work, et cetera.

I asked the department to do a bit of an analysis for the committee on who these people were, especially when looking at it from the perspective of gender-based analysis for women. According to the figures for 2008, the majority of self-employed workers are male, or approximately 65% of them. Males represent approximately half of the salaried workers in that area.

Self-employed workers tend to be older and about one-third of them are women of childbearing age. This is also an interesting difference between males and females in this area. We know in the part-time worker area, the vast majority are women and a smaller number of them are males. In the self-employed area, it is the other way around.

It is also important to note that 64% of self-employed people are married, but few of them have a spouse with non-wage benefits. That is an interesting thing to look at as well. Again, it is interesting to note that, of the self-employed, women tend to earn less than men do. On average, women earn about $38,000 and men earn about $64,000. There is a big disparity in terms of what they do.

When we look at the kind of work they tend to do, it is interesting because women tend to be involved in self-employed work that has more to do with social and community issues, whereas men tend to do things that have more to do with industry, et cetera. That does not mean to say that women do not do that, but this is a bit of a different breakdown and it may account for some of the difference in income.

Also important to note is that more women than men tend to work out of the house. More men tend to work outside of their homes, which means they have offices and possibly staff and are spending a great deal more time running their self-employment like a small company. Women are probably mixing, looking after their children, caregiving for children or family and working out of their home, thereby earning considerably less.

These are interesting differences to note as we look at this legislation and how it will perform in the long run. It is very important to ensure that it benefits all people who need benefits under this program.

For quite some time now, the National Liberal Women's Caucus has advocated for covering the self-employed in the area of parental leave, compassionate leave, sick leave and so on. For the last three pink books, as we call them, or our policy on action plans for economic security for women, this has been recommended consistently.

In addition, the Standing Committee on the Status of Women has done a study on the self-employed. I will come to that in a moment when I talk about the impact on women and this structure versus any other. I will get to that a bit later. At this point, I want to clarify some other things with respect to the differences between self-employed men and self-employed women.

There is quite a difference in the kind of work they do, the number of hours they spend at work outside of the home and their income levels. Women tend to earn a lower income than men do. It is quite a considerable gap. I think that will have a great deal of impact on how this works.

With regard to the actuarial work that was done on this bill, it is my understanding that the chief actuary really did not do direct work on it, at least that is what I understood when I talked to him. This was the information we received.

Under the bill, participation would not be compulsory. It would be self-selecting or, in other words, entirely voluntary. People could actually opt out after one year if they had not collected any money. They could opt in to stay in, but that would not be mandatory.

The Standing Committee on Status of Women did a study. All the experts who presented at standing committee said that if it were not mandatory, it would not work actuarially, that it would not be self-sustaining or self-sufficient.

We posed those questions at committee. Officials told us that this was doable and workable. However, I do not think the chief actuary was quite so unequivocal on his statements when we spoke.

Since it would be totally voluntary, it is more than likely that people who would use it would be women who were expecting children, or where members of a family were not well and caregiving was needed. They may be more likely to opt in but others may not do so. I asked the actuary if this would not be a problem as there may not be enough people and this would result in the fund not being self-sufficient.

We must keep in mind that the premiums paid by those individuals who opt in will cover only their own premiums and not those of the employer, meaning the employer portion would be covered by the EI fund. When I raised this issue, an official admitted there could be a shortfall as a result of this but it would be monitored. My concern with that is a shortfall would obviously be subsidized by the EI premiums, not by the government's central fund. These premiums would be contributed by working people.

This brings me to another aspect and it is the fact that the majority of people who work part-time are women. A lot of these women pay into EI all the time. They cannot access parental leave benefits and so on, but they have children and they have to work to make a living to keep their home stable, et cetera. They in effect would be subsidizing the self-employed without ever being able to benefit from the fund. That is a bit of a concern.

Teachers who do not work during the summer are not able to accumulate the required 600 hours under the plan. I received a letter from a constituent a couple of days ago indicating that she was unable to access the fund. She asked why this was the case.

The bill is necessary and we will support it. I would like the government to take a look at this area. Our party has taken the stand for quite some time that accessibility to EI needs to be 360 hours. That is where it would become really accessible to all those who really need it, especially when we look at the gender issue. The fund would then become accessible to part-time workers, most of whom are women, and also professionals like teachers and others who would have difficulty otherwise.

Under this structure, the minimum requirement would be earnings of $6,000 in a year. I am not quibbling with that, but as I pointed out earlier, men who are self-employed tend to earn a great deal more than women so they would probably reach the $6,000 within a month or two of work in a year. Meanwhile, women would have to work longer, and that is fine, but some women would be left out.

I asked the department to do a gender-based analysis on this particular bill, as I did with regard to the previous EI bill, the extended weeks of pay legislation. If there were a proper, thorough, gender-based analysis done on the EI system to enable us to see what is truly the impact on women in this country of all demographics and using proper desegregated data that is available from Statistics Canada, that would take us a long way to having legislation that truly reflects the needs and does not leave people out. This is a whole area that is extremely important that we discussed at committee. I have raised this many times before, and I raise it again because it is of great importance to women in this country.

With respect to the actuarial cost and the strength of that, it is important that the government have the chief actuary do a proper actuarial analysis of the bill to see what shortcomings and shortfalls they expect to have. Whatever shortfall there is should probably be funded through the central government, as opposed to the EI fund.

The other part that is very important to note is on the premiums that will be paid by self-employed Canadians. I am not suggesting or impugning any negative or wrongdoing. I think probably it was quite inadvertent, but certainly there is a mistake with the legislation with respect to the premiums that would have to be paid by citizens of Quebec in this area. It looks as though they will end up paying a great deal more.

The former chief actuary in fact came to committee to point that out to us. We unfortunately found this out at the end, when we were doing clause-by-clause. So it was not possible to try to amend the bill at committee, but I would encourage the government to amend the bill and fix that problem prior to the bill leaving the House. I would love to see that happen, because I think it is very important that it be done. It would be unfair and it is an error that needs to be fixed, and I would hope that the government would do that.

As I said, I am not suggesting that this was intentional. This was probably an error. It is simply an error that needs to be fixed. I would like to see that happen and I hope the government will do that very quickly.

At this point I just want to go back to the amount of money and the amount of time and the opting in and out. I know that people can opt out of self-employment if they have not used it at the end of the year. I am not sure how much instability this will create and to what extent, and also paperwork. For people who are in or out of the system at different times and then having to wait and maintain all of that, I think that would cause some instability.

I feel that the program would be much more stable and much stronger if it were a mandatory program. We had experts at the Standing Committee on the Status of Women. It was very clear that they felt that the program would not be viable or stable if it were not made a compulsory program, because some people would benefit and others would not.

It is important that the government, once the bill is passed, do a thorough evaluation of the bill, probably within a year or so of the bill being in place, and ensure that the potential weaknesses that it might have are fixed earlier rather than later. I would not want us to find, a year or two or three from now, that we have been carrying a deficit and that it is not a self-sustaining program in terms of finances and in terms of who is benefiting.

As well, it would be interesting to see how it works out with the information that I discussed earlier with respect to self-employed women versus self-employed men, because again, there is a disparity and a difference that needs to be watched very closely to ensure that all self-employed people who obviously need this program benefit. There has been a great deal of interest, a great deal of pressure, and a great deal of debate for some time now.

As I said earlier, the National Liberal Women's Caucus has for some time advocated for this. We are glad to see that in fact it is now before the House.

As I said earlier, we support the bill but there are some areas that I believe need to be looked at and addressed, because without that we do not have a bill that is as good as it can be. I would also like to see the bill be self-financing, self-sustaining, and the only way that can happen is if that kind of analysis is done long before it goes forward.

Just before I finish, I would reiterate that the $6,000 that is the minimum is not an area I am quibbling with; it is not an area that is of concern. That equates to about 600 hours. I am not quite sure how they came to that particular number. At about $10 an hour, 600 hours of work is $6,000. I understand that it would be difficult to be able to monitor hours, to some degree. It would be difficult for someone to be able to ensure that the self-employed are not in any way, shape or form hiding hours or what have you.

The $6,000, in and of itself, is not the only parameter that I would like to see. I would like the government to take a look at the hours of entrance as opposed to just the money, the income. The $6,000 is something that I suppose some self-employed men and women could earn very quickly and the 600 hours could take longer. However, I am focusing on the hours because, for me, it is very important for accessibility. As I said, there are part-time people who are paying EI all the time but cannot access any of the programs that we are now talking about in this House and bringing forth for others.

There are teachers who do not work through the summer but do not build up 600 hours easily and therefore are also not eligible. The case that I received in my office is an adoption case where the parent cannot access benefits for that very reason.

Therefore, I would encourage the government that once this bill is passed, and if they amend it earlier that would be great, to really, truly look at the accessibility of it and look at the 360 hours for accessibility, because that in fact would allow part-time workers, most of whom are women, to access it.

Employment insurance is not a luxury. It is not something that we receive as a top-up on some other income. For most families in this country, it is keeping body and soul together. It is keeping a roof over their heads. It is paying their rent and keeping food on the table for their children. It is very critical that employment insurance not only be a strong system but also that it does not leave people out.

Unfortunately, poverty in our country is still very strong, especially now with the downturn in the economy. While the economy is picking up, the reality is that it is a jobless recovery. Whether we like it or not, no matter which way we look at it, that is the reality. In Toronto, my city, the unemployment rate is the highest I have ever seen. Probably, realistically, it is somewhere around 15%, maybe even a bit more. It is very high.

For people who are struggling to survive, to pay rent and to get their jobs and their training, EI is a huge piece of our safety net. A strong EI gives people a chance to be able to rebuild their lives, which then gives them access to training, and so on.

The other thing, before I finish, that is very important and most people forget is that 80% of caregiving in our country is done by women. This talks about parental leave and compassionate leave, but women do 80% of the compassionate leave and they are subsidizing all the rest of the economy. This is why it is very important to me that the government review that aspect of the bill.

We support this bill, and I would hope that the government, in partnership with us, will actually look at some of those areas that need to be addressed.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 3:35 p.m.
See context

Souris—Moose Mountain Saskatchewan

Conservative

Ed Komarnicki ConservativeParliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour

Mr. Speaker, it is pleasure to see the bill proceed to this stage.

I am glad to have the opportunity to rise to speak to this important milestone in bringing special benefits under employment insurance to self-employed Canadians. This is one of the most significant enhancements to the EI program in the last decade. It has been a long time coming for self-employed Canadians.

This fulfills a pledge by our Conservative government in 2008 to bring forward EI maternity and parental benefits to self-employed Canadians. A year ago, the Prime Minister said that self-employed Canadians and those who one day hoped to be should not 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.

In fact, we have surpassed this commitment by also including EI sickness and compassionate care benefits. We do this because self-employed workers deserve to have access to these special benefits. We do this because extending access to special benefits is the fair and the right thing to do.

I think every member of the House recognizes the importance of the self-employment sector in the daily functioning of our economy and of our society.

In over 15% of our labour market self-employed entrepreneurs are a growing influence, not only because of their significant numbers but also because of the wealth of their ideas, innovation and jobs that they generate and create from time to time and year by year.

The self-employed form a diverse group, with widely varying situations and incomes. They include people with small businesses, farmers, construction workers, professionals, tradesmen, those in sales and those who own a home business among many others. Despite their importance, these entrepreneurs do not have the support they need when it comes to the important events of life, such as the birth of a child, adoption, illness and care of a gravely ill family members.

These sorts of events can have a significant impact on the self-employed who have little or no income protection. If they do not work, they do not make any money. Right now, they do not have any of the same EI support measures that Canadians employed by others do.

We are going to change that by implementing a voluntary system. We are following through on our commitment to self-employed Canadians.

It should come as no surprise that our self-employed have long asked for this support. In fact, a large majority of the self-employed want access to these benefits. Recent public opinion research shows that a majority of self-employed Canadians would like to gain access to EI maternity, parental, sickness and compassionate care benefits.

Eighty-six per cent of self-employed Canadians support access to sickness benefits, 84% support access to compassionate care benefits and 64% support access to maternity and parental benefits. The message from self-employed Canadians is clear.

Our Conservative government has listened and we are taking action. We recognize the challenges facing working Canadians as they deal with the dual pressure of holding down jobs and caring for their families. We recognize that nearly a third of all self-employed are women of child bearing age.

Our government knows that families are the foundation of our society. The bill is yet another example of how our government is providing support and choice to Canadian families and people recognize that.

Catherine Swift, president of the Canadian Federation of Independent Business, understands the benefits of this bill. On November 4, she said in the Montreal Gazette:

—the initiative fills a “glaring gap” for people running their own business, especially women....We have a lot of women members. They'd like to have a child and yet abandoning your business is not (an option).

We do not want the self-employed to become discouraged about starting families by ever present financial risks associated with running their own business. We certainly do not want their families to suffer because of unequal access to supports that are widely available to most other Canadians.

Given the strength of our country's economy, especially the strength it gets from our self-employed and their businesses as a country, we cannot afford to leave these people out in the cold. Stronger entrepreneurship means a stronger Canada. We need their skills, their experience and their energy and creativity to meet the challenges to come. This is why our government believes these entrepreneurs deserve to have access to EI special benefits.

We also recognize that there is an increasing number of self-employed Canadians who are taking care of elderly parents while also raising young children. The government believes that these entrepreneurs should not have to choose between their business and family responsibilities, whether those responsibilities are for newborns or parents, the young or the elderly.

By giving our self-employed the option for increased income protection, we are allowing individuals who might otherwise have to leave the workforce to stay fully engaged, to stay productive and to keep contributing to this great country of Canada. Not only does this benefit them but it also means that they can continue to make valuable contributions to their communities and the economy.

We are stimulating entrepreneurship and making self-employment more appealing to all Canadians. That is why we are extending access to EI special benefits for the self-employed and why we firmly believe that it is the fair, responsible and right thing to do.

These benefits are significant. They are as follows: 15 weeks of maternity benefits for a birth mother; 35 weeks of parental benefits for parents to care for their newborn or newly adopted child; up to 15 weeks of benefits for individuals who are unable to work because of sickness, injury or quarantine; and a maximum of six weeks to provide care or support to a terminally ill relative.

Under the proposed legislation, self-employed Canadians would voluntarily opt into the program and pay EI premiums on an ongoing basis for at least one year before receiving benefits. To access EI special benefits, they would need to have earned a minimum of $6,000 in self-employed earnings over the preceding calendar year.

The self-employed could opt out of the program at the end of any taxation year, as long as they have never claimed benefits. If they have claimed benefits, they would have to contribute from their self-employed earnings for as long as they are self-employed.

Self-employed Canadians who opt into the EI program would pay the same premium rate as salaried employees. They would not be required to pay the employer portion of premiums, in recognition of the fact that they would not have access to EI regular benefits.

In Quebec, self-employed residents already have access to maternity and parental benefits through the Quebec parental insurance plan. Now the federal government would provide the self-employed in Quebec with the opportunity to gain access to the sickness and compassionate care benefit under the EI program.

Should they choose to take advantage of the program, they would pay the same EI premium rates as employers in Quebec. Rates there have already been adjusted downward to take into account the existence of a provincial maternity and parental benefit plan.

I would like to bring to light an endorsement from an organization representing an important group of self-employed people, the realtors. Dale Ripplinger is the president of the Canadian Real Estate Association. On November 4 his organization issued a press release that it “applauds the government for taking action to address many of the inequities in the Employment Insurance program faced by self-employed REALTORS”.

The organization went on to say, “This is an important step to level the benefits playing field for self-employed Canadians. We look forward to working with the government to ensure access to EI benefits for REALTORS, which can help balance career and family life”.

I also have a quote from the executive director of the Grain Growers of Canada, Richard Phillips. In a news release on November 3, 2009, he said that the legislation is “very welcome. This has huge potential for quality of life in rural Canada”. He continued, “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% of them choose to take advantage of these programs, this could help ensure another 20,000 more young families staying on the land”.

It is this kind of thing that allows those who are self-employed and who contribute to our economy to get some benefits that are important to them and their families and ensure that they can continue to pursue their careers and jobs.

This legislation is the most significant enhancement to the EI program in the last decade. It is in keeping with our Conservative government's commitment to make the EI program responsive to the needs of Canadian workers. It is just one of the many enhancements that we have already made to the EI program.

We added five extra weeks of EI regular benefits, helping over 365,000 Canadians while they search for new employment.

We enhanced the work sharing program, protecting the jobs of about 165,000 or more Canadians.

We made unprecedented investments in training to help Canadians receive the skills training they need to enter a new career.

Our government froze EI premiums for two years, which helped employers create more jobs and also kept more money in the pockets of employees.

We added a $60 million investment in the targeted initiative for older workers to help older workers, who obviously have invaluable knowledge and mentoring potential, to transition into a new job.

We also passed legislation recently to provide five to twenty weeks of additional EI support benefits for long-tenured workers, who have worked hard, have paid premiums and are looking to transition into a new job.

Most recently, of course, we have introduced this program, which has been very well received by many.

Our government is protecting jobs. We are helping people get trained and upgraded for jobs. Now we have made changes that allow more flexibility for employers' recovery plans.

We have had the career transition assistance initiative, which has been providing assistance to long-tenured workers who need training to transition to a new industry or occupation. The support under Bill C-50 for long-tenured workers was certainly something that was well received.

All of these ventures demonstrate that our Conservative government continues to make responsible choices to support Canadians now, to support Canadians when they need it, to support Canadians when they find themselves in a difficult time.

With Bill C-56, we are taking steps to respond quickly to the needs of self-employed workers, so that they will also be protected in times of need.

Our Conservative government knows that families are the foundation of our great country. We believe that self-employed Canadians should not have to choose between their family and business responsibilities. They should not be forced to choose between one or the other.

Let us all support self-employed workers for their dynamism and their contribution to our economy. Let us create a stronger, more entrepreneur friendly and productive country in the process. Let us get behind our self-employed and do what is right. Let us do what they have been asking for for a long time.

I would urge all members in all parties to support this bill and to get it through the House at the earliest opportunity.