House of Commons Hansard #39 of the 40th Parliament, 3rd Session. (The original version is on Parliament's site.) The word of the day was lobbying.

Topics

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5 p.m.

Liberal

John Cannis Liberal Scarborough Centre, ON

Attempted murder, thank you, I stand corrected, but it is also premeditated, because Rahim Jaffer's plan was premeditated after he lost the election. I apologize and I thank the member for correcting me. It was attempted murder.

I want to get into their defence which is the supposedly $49 million from adscam. We did the right thing as a party. We opened the books for Judge Gomery, because had then Prime Minister Martin not given the directive to open the books, that commission of judicial inquiry would never have happened. That is what we are asking the Conservative Party to do every now and then, to totally open the books, but it does not want to. We must tell Canadians.

The inquiry was front and centre. Canadians had the opportunity to tune in any time they wanted. At the end of the day, they caught the culprits. They caught the people who stole the money. Did we fine them? Of course we did. Did they go before the court? Of course they did. Did they pay restitution? Of course they did. Was any Liberal member of Parliament charged? No.

The Conservatives are standing here in the House of Commons misleading Canadians. They are being intellectually dishonest with their comments to justify their wrongdoing. They are trying to justify that it is okay for one of their people, in this case Rahim Jaffer and God knows how many others, according to the newspapers, to waltz around in a circle. The media talks about conflict of interest guidelines and Rahim Jaffer waltzing into several ministers' offices, pitching his business plans, et cetera. This went on for months and months. It was illegal. How do the Conservatives justify it? They justify it by saying that he never got any money.

When the Minister of Finance was handing out contracts that were for more than $25,000 and needed to be tendered, he came back and said that they did not know and they would not do it again. That was from a senior minister who served as a finance minister in the provincial government of Ontario. Shame on him. He knew the rules. We all knew the rules. Then the Conservatives turn it around and say they will not give somebody a $100,000 contract. They break it down to $24,980, and that way there does not have to be a tender.

The veil of deception in the government is unbelievable. I tell my good friends over there that Canadians are catching on. Canadians are waking up. That is why this properly thought out motion by the Liberal member for St. John's South—Mount Pearl is before us. That member has been right on in this file. When she asks tough questions, the Conservatives try to corner her. She is trying to do the right thing for this time. This did not happen three years ago. Otherwise she would have told us. It happened now, and I thank her personally for bringing the motion forward.

I close by saying that Canadians are seeing beyond the veil of deception and the secrecy of those people. We cannot get information. Come judgment day, Canadians will judge them accordingly.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:10 p.m.

Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, when the sponsorship scandal was going on, I would think that the Liberal Party, which at that point in time had been in power for 13 years, would have learned all the little tricks in lobbying that they could have seen and brought those suggestions forward.

My question to them is, why is this motion coming forward now, and why is this motion not including all members of Parliament?

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:10 p.m.

Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, I say to the new member of Parliament that I served as a parliamentary secretary to the minister of industry, and I can tell him how strict we were when people came to see us and the distance we kept from them.

The adscam scandal did occur. We were the ones who called the inquiry. We were the ones who opened the books. We were the ones who gave Mr. Justice Gomery latitude. We asked him to get to the bottom of it. Canadians, unfortunately, were being misled. Mr. Justice Gomery told us and the Conservatives before committee, “I helped bring down the Liberals. I gave you recommendations which you tossed out the door. Shame on you”. They should follow Justice Gomery's recommendations.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:10 p.m.

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I want to ask my colleague about an issue the member for Winnipeg Centre raised. With this parliamentary pin we receive, former parliamentarians can forever basically lurk about the House of Commons and the areas around here unfettered. That is a problem when a person becomes a lobbyist. It allows the person to have unfettered access to a certain degree, and it is not even measured or controlled. There are times when lobbyists who are former parliamentarians are lurking about in every corner of this place. It is unacceptable that there is no registration of them.

Perhaps a solution to that would be that if former parliamentarians become lobbyists, they lose the right to wear that pin, because they are getting paid by the private sector. It is a public right; it is from the history of this place. We could either get rid of it altogether, which would be fine by me, and if a person wanted to come to this building, he or she could get a temporary one or a pass if he or she is registered. Alternatively, former parliamentarians who became lobbyists would no longer have that right, because they would get access to ministers, parliamentary secretaries and MPs to push issues, and they get paid for it.

Would the member agree with that policy?

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:10 p.m.

Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, my hon. friend makes a good recommendation. I cannot answer yea or nay at this stage because it needs to be given some thought.

What I can tell him is that any former member of Parliament wears that pin with pride for serving our country for however many years. I do not believe that privilege, service or history should ever be taken away. If that pin reflects that, then that person should be able to wear it.

I also believe that the current rules and those that existed previously do not apply today given what Rahim Jaffer did. Who knows what is going to happen three or five years down the road?

That is why my hon. colleague from St. John's South—Mount Pearl came forward with today's motion. It makes sense given what happened. If all these so-called future lobbyists know the rules of the game and do not follow them, they should be reprimanded.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:10 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

There is enough time for a very brief question or comment. The hon. member for Malpeque.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:10 p.m.

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, the member for Prince Albert at the end of his question talked about the Lobbying Act applying to all members of Parliament. I suggest that is really a ruse because the government is cabinet and those who surround cabinet. Even Conservative backbenchers do not have tremendous access to power and certainly the opposition parties do not.

My experience with farm organizations and the government has been the act of intimidation. If an organization speaks out against the government, then the government is not going to meet with that organization again or the door is slammed in its face.

Could we not see the reverse here? If the Lobbying Act applied to members of Parliament—

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:10 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

Order. I am going to have to stop the member there. There is only 30 seconds remaining for the member for Scarborough Centre.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:10 p.m.

Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, the member for Malpeque served proudly as the minister of agriculture. He knew his parameters. He knew his guidelines. There was never any suspicion regarding anybody who saw him. Were there mistakes made? To err is human, to forgive divine, but we will not forgive what is going on in the party across the aisle today.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

It being 5:15 p.m., it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the business of supply.

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Some hon. members

Agreed.

No.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

All those in favour of the amendment will please say yea.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Some hon. members

Yea.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

All those opposed will please say nay.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Some hon. members

Nay.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

And the bells having rung:

Accordingly, the vote stands deferred until tomorrow at the end of the time provided for government orders.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Liberal

Marcel Proulx Liberal Hull—Aylmer, QC

Mr. Speaker, I believe if you were to seek it, you would find consent to see the clock as being 5:30 p.m.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

Is that agreed?

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Some hon. members

Agreed.

Opposition motion—Lobbying ActBusiness of SupplyGovernment Orders

5:15 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

The House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from April 12 consideration of the motion that Bill C-471, An Act respecting the implementation of the recommendations of the Pay Equity Task Force and amending another Act in consequence, be read the second time and referred to a committee.

Pay Equity Task Force Recommendations ActPrivate Members' Business

May 4th, 2010 / 5:15 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

I am now prepared to rule on the point of order raised by the Parliamentary Secretary to the Leader of the Government in the House of Commons on December 10, concerning the requirement for a royal recommendation for Bill C-471, An Act respecting the implementation of the recommendations of the Pay Equity Task Force and amending another Act in consequence, standing in the name of the Hon. Leader of the Opposition.

I would like to thank the parliamentary secretary for having raised this issue, as well as the member for Vancouver Centre for her comments. In his intervention, the parliamentary secretary noted that Bill C-471 proposes to do two things. First, it imposes a duty on the government to implement the recommendations of the 2004 pay equity task force report. Second, it repeals the Public Sector Equitable Compensation Act, or PSECA. The parliamentary secretary dealt with each of these proposals in some detail as, in his view, each of them infringes on the financial prerogative of the Crown.

He began by noting that the first recommendation of the pay equity task force report concerns the need for legislation. That recommendation reads:

The Task Force recommends that Parliament enact new stand-alone, proactive pay equity legislation in order that Canada can more effectively meet its international obligations and domestic commitments, and that such legislation be characterized as human rights legislation.

The remaining 112 recommendations in the report, he pointed out, describe the measures that should be included in that legislation. The recommendations taken overall seek to establish a new regime for the oversight of the pay equity process and the adjudication of pay equity complaints. Among these recommendations, several call for the establishment of pay equity oversight agencies. He referred to the fact that clause 2 of Bill C-471 states:

The Government of Canada shall ensure that all statutory oversight agencies are put in place no later than January 1, 2011 and that all the recommendations of the Pay Equity Task Force are implemented no later than January 1, 2012.

The parliamentary secretary raised two concerns with respect to the requirement to implement the recommendations. He felt that the bill imposes a requirement on the government that can only be met by the passage of legislation, a requirement which seemed to bind Parliament to passing that legislation. In his view, such a requirement was both impossible for the government to carry out and unconstitutional.

As well, he noted that the establishment of new agencies clearly requires the expenditure of public funds and therefore requires a royal recommendation. The parliamentary secretary then turned to clause 3 of the bill, which repeals the Public Sector Equitable Compensation Act and related provisions from the Budget Implementation Act, 2009.

As he saw it, two effects would follow from repealing the Public Sector Equitable Compensation Act. First, a new purpose would be given to the Canadian Human Rights Commission and to the Canadian Human Rights Tribunal. They would now be given jurisdiction for public sector pay equity complaints. Further, as the liability arising from the statutory grounds of complaint under the Canada Human Rights Act differ from those under the Public Sector Equitable Compensation Act, the Crown, as employer, would be faced with potential expenses not currently provided for. The parliamentary secretary explained the difference between the liability schemes in some detail, which I will not repeat here. He also made reference to a number of Speakers’ rulings from both this House and the other place, in which the need for a royal recommendation to accompany new or increased liability of the Crown is clearly illustrated.

The member for Vancouver Centre pointed out that the repeal of the Public Sector Equitable Compensation Act does not constitute a new legislative regime. Rather, in her view, it leaves the currently existing legislation in place. Second, she claimed that the requirement to establish a framework is not the same as the actual implementation of the framework.

As the House has no doubt gathered from this brief summary, the issues confronting the Chair in this case are complex. I would like to begin by reminding honourable members that the Chair is obliged to confine itself to dealing with the procedural aspects of the question. House of Commons Procedure and Practice, 2nd edition, p. 261 states:

... it is not up to the Speaker to rule on the “constitutionality” or “legality” of measures before the House.

The procedural issue which faces the Chair relates to the possible requirement for a royal recommendation.

There are three distinct elements in the bill. The first relates to the introduction of legislation to implement the recommendations of the pay equity task force, including the setting up of two statutory oversight agencies. The second element is the repeal of the PSECA, from which flows the third element, that of the repeal of the consequential provision stimulated at sections 395 to 405 of the Budget Implementation Act, 2009.

With respect to the implementation of the pay equity task force recommendations, it was indicated by the parliamentary secretary that such provisions would, in all likelihood, require a royal recommendation. Those provisions, however, are not part of Bill C-471, but of some future bill not yet before the House. It is my view that this aspect of Bill C-471 is similar to Bill C-288, Kyoto Protocol Implementation Act, from the last Parliament, despite the arguments to the contrary advanced by the parliamentary secretary.

I remind the House of the ruling given on September 27, 2006, where the Chair stated at page 3315 of Debates:

As it stands, Bill C-288 does not contain provisions which specifically authorize any spending for a distinct purpose relating to the Kyoto protocol. Rather, the bill seeks the approval of Parliament for the government to implement the protocol. If such approval is given, then the government would decide on the measures it wished to take. This might involve an appropriation bill or another bill proposing specific spending, either of which would require a royal recommendation.

Bill C-471 implements no recommendations and establishes no agency. It simply requires that the government bring forth legislation and thus it is difficult to see how these provisions could be construed as requiring the expenditure of public funds.

The second main objective of Bill C-471 is the repeal the Public Sector Equitable Compensation Act, enacted by section 394 of the Budget Implementation Act, 2009 and the repeal of the transitional and consequential amendments stemming from the Public Sector Equitable Compensation Act and stipulated in sections 395 to 405 of the Budget Implementation Act, 2009.

While it may impact the operations of government, the repeal of a statute does not normally require a royal recommendation. The parliamentary secretary contended that repealing this act and the related sections of the Budget Implementation Act, 2009 would have the practical effect of assigning a new mandate to the Canadian Human Rights Commission and the Canadian Human Rights Tribunal.

If Bill C-471 were adopted, the situation with respect to oversight of the pay equity process and the hearing of pay equity complaints would revert to that which was in place prior to the adoption of the Public Sector Equitable Compensation Act. In effect, this is a change in the mandate of the Canadian Human Rights Commission and the Canadian Human Rights Tribunal.

As stated in House of Commons Procedure and Practice at page 834, this kind of change requires a royal recommendation.

A royal recommendation not only fixes the allowable charge, but also its objects, purposes, conditions and qualifications. For this reason, a royal recommendation is required not only in the case where money is being appropriated, but also in the case where the authorization to spend for a specific purpose is significantly altered. Without a royal recommendation, a bill that either increases the amount of an appropriation, or extends its objects, purposes, conditions and qualifications is inadmissible on the grounds that it infringes on the Crown’s financial initiative.

Consequently, it is my ruling that in changing the objects and purposes of the Canadian Human Rights Commission and the Canadian Human Rights Tribunal, Bill C-471 infringes upon the financial prerogative of the Crown.

Accordingly, the Chair will decline to put the question on third reading of the bill in its present form unless a royal recommendation is received. Today's debate, however, is on the motion for second reading and this motion shall be put to a vote at the close of the current debate.

I thank hon. Members for their attention.

Pay Equity Task Force Recommendations ActPrivate Members' Business

5:25 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, it is interesting that we are debating a bill that is going to have some troubles along the way, but here we are. I will certainly bring forward some of the ideas that I think need to be put on the public record.

The reason and rationale for this bill was because of the government's stripping away of rights that were provided for women, hard-fought rights. For many years, women and the allies of women who wanted to see equity in the workplace fought for pay equity. The basic principle was that the work done by women should be rewarded in the same way as work done by men and that we would have an understanding and some balance in our society in the way that work was recognized.

Arguments were made over decades. Eventually there was some daylight at the end, with the pay equity decisions that were made both in the court and through negotiations. With the stroke of a pen, the government, through a budget bill, took those rights away.

I do not have to tell the House of the concerns that many of us have with the government in the way in which it constructs budgets. It sneaks different proposals into a major budget document that it cannot get through in the House by stand-alone bills. In fact, that is what happened with this.

Not only that, to put this into context, we can well recall what happened when this was first proposed. It was first proposed in a financial update, along with other measures that the government had to back down on because it was so tone deaf. It brought forward a fiscal update that would strip women of their rights to pay equity. It looked at not providing stimulus for the economy at a time when it needed it. It looked to take out the opposition parties, financially. There were also a couple of environmental measures as well.

The government backed down on a couple of those proposals, but it had the audacity to keep the proposal to strip away pay equity. It is astonishing when we look at the number of years it took for women to have pay equity recognized and monitored, and that is an important facet and was mentioned in the Speaker's ruling just a minute ago. It is not sufficient to say that women's labour will be recognized the same as men's labour. There has to be some monitoring mechanism to do that. It was understood through court decisions and through bargaining at the table over the many years that there had to be some form of monitoring to ensure pay equity would not only be done, but that there would be some oversight to it.

The government basically said that it did not need this, that we should trust it. I am with those women and others who say that trusting the government on that kind of issue is a little too cute by half. We cannot have a system where the government says on one hand that it will let this take its course and that it does not need any oversight. On the other hand, witness what has happened with the pay between men and women.

As members probably know, we are not at a point in our society, sadly, like others are, where men and women receive the same pay for the work they do. That notion of equity is either something the government does not understand or does not want to understand.

We know where gains have been made in other jurisdictions. It has been an issue where pay equity is recognized, it is embedded in contracts and it is recognized in compensation. Most important, and this is where the government has taken away the oversight, is to have a mechanism in place to ensure the employer, in this case the federal government, actually abides by the principles and the rules. Once that is taken away, then we basically say we will go back to the old way and hope that it happens.

We do not have to talk to too many women to find out that they need a little more than the good word of the Conservative government or any other government. They want to see a process in place, a process with oversight. They want to see some progress in terms of goals. They want to see the equal pay for work of equal value notion recognized. They want to see some form of oversight so when it does happen, there is a process in place to follow-up. This is 2010 but there are still inequities.

The budget put forward by the government was first introduced in a fiscal update and then in budget form. What the government put into that fiscal update and then in it budget would take away a right. That is why we on this side said that we would not support that budget.

Taking the right to pay equity away was not something we could support, but notwithstanding that, the government put it in the budget bill. Issues of confidence arose as a result. We said that we would not standby and watch the progress that women had fought many years for be taken away with the stroke of a pen.

This bill is about trying to right a wrong. It essentially says to the government that we will not standby idly and watch it take away rights when it puts together a budget. If a budget is supposed to be an aspirational document, this one was retrograde. The government went back to the days when women did not have protection, when there was no oversight in terms of women being compensated. The government wanted to leave it the way it was done before. We are not satisfied with that.

I will sum up by saying that if we look at societies where there is equity, if we look at societies that are truly democratic in all the indicators, such as participation in the economy, compensation from work, the ability for people to live independently and successfully, the measure between a man's compensation and a woman's, we will see that these things did not happen because of a whim. These things happened because decisions were made and laws were invoked to ensure they happened. If we standby and allow things to happen on a whim and allow the state of affairs to continue the way they are, then this place would be filled with only men. Women would not be here. We cannot allow rights to be taken away, certainly not in a budget.

We on this side will not support the government's attempt to take away rights. We will support the notion of righting a wrong. That is why we will support the bill.

Pay Equity Task Force Recommendations ActPrivate Members' Business

5:35 p.m.

Liberal

Lise Zarac Liberal LaSalle—Émard, QC

Mr. Speaker, I am very disappointed about the ruling that was just handed down. Bill C-471, An Act respecting the implementation of the recommendations of the Pay Equity Task Force and amending another Act in consequence, was introduced in the House of Commons by the leader of the official opposition. This bill would repeal the measures in this year's Conservative budget that eroded pay equity.

It is inconceivable that in 2010, a Canadian government can attack a right as fundamental as equal pay for equal work. The measures in this budget do away with pay equity for Canadian women in a reprehensible way. What is more, Canadians are starting to have a better idea of the sneaky, roundabout way the Conservatives govern. The ultimate goal of Bill C-471 is to restore pay equity as a human right.

It makes no sense to put pay equity on the bargaining table. One cannot put a price on legitimate human rights and turn them into bargaining chips. That is why all the members of this House should wholeheartedly support this bill, which seeks to correct this serious injustice, and state officially that equal pay for equal work is still a fundamental right.

I want to share some statistics that should give us pause. Women who work full-time earn only 70.5% as much as men in the same job category who also work full-time year-round. In addition, women of colour earn only 64% and aboriginal women earn a frightening 46% of what men earn. Most women still hold what are known as “women's jobs” in teaching, nursing and health care, office work and retail sales.

With the measures in this year's budget, the Conservatives are trying to make women pay for their economic woes. I want to talk about how the Conservative vision, as reflected in the Public Sector Equitable Compensation Act, will affect the well-being of Canadian women. For starters, these measures limit pay equity for more women. To be able to claim pay equity, a group must first show that it is 70% female, which further limits the number of eligible groups. In other words, if a company has less than 70% women, the law does not apply. As a result, many women would no longer be eligible.

Furthermore, as I said at the beginning of my speech, the Conservative government made pay equity part of the bargaining process. But it gets worse: unions face fines of up to $50,000 for encouraging a woman who has been discriminated against or encouraging one of its members to file a complaint regarding pay equity.

Thus, women are being deprived of their right to be represented. They cannot even turn to the Canadian Human Rights Commission. With all these obstacles, the Conservative government has the nerve to call this pay equity legislation progressive. Instead, this measure is regressive, as are most of the measures the Conservatives have brought forward since they came to power, measures to appease their right-leaning electoral base.

It is completely clear that the Conservative government has no intention of addressing gender inequity in Canada. Its track record when it comes to women thoroughly reveals its intentions. Its position regarding maternal health in developing countries is very telling. And we can see other examples in the measures taken regarding Status of Women Canada: the elimination of funding for public interest groups that advocate for women, the elimination of the court challenges program and the repeated attacks on the firearms registry. The list goes on. These are just a few examples that clearly demonstrate this government's backwards attitude to women.

Bill C-471 is about equality, respect and the protection of human rights. Above all, these rights can never be negotiated. This excellent legislative measure is necessary and it must be supported by all members. It already has the support of the majority of Canadians. This legislation is beneficial for and important to the women of this country who must always fight to advance their fundamental rights.

In its March 2003 presentation to the Pay Equity Task Force, the Canadian Human Rights Commission recognized that fundamental rights are closely tied to women's economic well-being. Discrimination is one factor that leads to their economic disadvantage and the gender wage gap is one indicator of inequality for women. The link is obvious.

Only an effective and efficient pay equity policy can contribute to women's equality.

Our legislative measure, Bill C-471, is based on the principle that pay equity is a human right. In fact, it is one of the earliest human rights recognized as an international standard. The Canadian Human Rights Commission has stated that pay equity is enshrined in many international agreements to which Canada has been bound for decades. We must highlight the quasi-constitutional nature of human rights, their pre-eminence over other types of rights and the need to interpret them liberally and progressively.

Furthermore, still according to the Canadian Human Rights Commission, Canada has also signed recent international agreements that recognize the need for comprehensive equality action plans coupled with transparent and accountable institutions of government in order to move the equality agenda forward.

To the Canadian Human Rights Commission, human rights and the right to pay equity are universal and indivisible. Human rights, including the right to pay equity, must be the same everywhere and for everyone. Inextricably linked to equality, pay equity is also intended to be transformative. While pay equity aims to fairly value and compensate the work done primarily by women, pay equity is not "just about the money". Pay equity identifies and dismantles long-standing patterns of systemic discrimination in order to change how we do business and how society operates. In other words, while wage discrimination in and of itself can lead to a constricted ability for some to fully enjoy a range of human rights, it is the insidious link between wage discrimination and other forms of discrimination that can adversely impact the most disadvantaged workers. Unequal pay is part of the broader problem of systemic discrimination in employment, and pay equity is one essential tool for creating systemic change.

That is why pay equity has become a national issue and why members of this House must support and pass Bill C-471.

With this legislation in hand we could create a federal pay equity commission to ensure pay equity in the federal public service, crown corporations and federally-regulated sectors. This federal pay equity commission would enforce the principle of pay equity in the public service and federally-regulated industries. Most importantly, under Bill C-471, future pay equity measures would be considered human rights legislation.

In closing, this bill would benefit all Canadians and I am pleased to support it. I hope all my colleagues in this House share my enthusiasm and will make it their duty to support this bill wholeheartedly.

Pay Equity Task Force Recommendations ActPrivate Members' Business

5:45 p.m.

Conservative

Tilly O'Neill-Gordon Conservative Miramichi, NB

Mr. Speaker, I rise today to discuss an issue of great importance to women and to all those who believe in the principle of equal pay for work of equal value. The subject is the Public Sector Equitable Compensation Act which, I am proud to say, our government introduced into the House last year and was subsequently passed into law.

The previous pay equity system in the federal public sector was broken. It was lengthy, costly, and because it was complaint-based, these issues were addressed only as an afterthought when complaints were made. As a result, women had to wait up to 20 years for resolution of their complaints following gruelling and divisive court proceedings. In fact, many employees had already left the public service by the time complaints were settled.

Why was this happening? It was because under the previous system, federal public service employers and unions were not required to take pay equity issues into account when they negotiated wages, and this was not fair to women.

There is a better way. That is why our government introduced the Public Sector Equitable Compensation Act. Our approach ensures employers and unions take pay equity into consideration every time they negotiate. It is time for employers and unions to be jointly accountable for setting equitable wages, for reporting publicly to employees, and for sticking to the commitments they make at the bargaining table. We should be putting dollars in the hands of women and not in the hands of those directing these costly and lengthy legal proceedings.

Others share our viewpoint. The Federally Regulated Employers-Transportation and Communications organization told a parliamentary committee that the legislation makes sense and that both collective bargaining parties must be responsible for implementing pay equity.

In 2004 a task force, appointed by the previous government, concluded that proactive pay equity legislation was a more effective way of protecting the rights of women. The same task force recommended that Parliament enact new stand-alone pay equity legislation, which is what we did. Our legislation addressed the key recommendations of the 2004 report by setting out a proactive and collaborative system to ensure equal pay for work of equal value.

It does not change human rights. It protects them. We put teeth in this legislation. Fines will be imposed on either employers or unions that do not comply with their duty to ensure equitable compensation. As a further protection, employees will be able to resolve any disputes through the Public Service Labour Relations Board, an independent tribunal.

Pay equity legislation has been continually evolving since the first such legislation was introduced in Manitoba in 1986, followed by Ontario and Quebec. Our new federal model builds on those existing models. It goes a step further by truly integrating equitable compensation into the wage setting process and ensuring continuous action for years to come.

Women deserve fair pay rates now and every time their collective agreements are renewed, not 20 years from now, which is why I am proud of our government's pay equity legislation.

Let us be clear. When women are treated fairly, they prosper. We need look no further than today's public service. In today's public service, women and men have equal access to all positions. Today women comprise just over half of the overall public service and they have shown a marked increase in their participation in professional, scientific and executive ranks.

Since 1999, women have made great strides in accessing more top jobs in the public service. The glass ceiling does not exist in today's federal public service. Women are fully represented in positions of power and authority and are able to contribute at all levels. Women have made important strides in the federal public service. The Public Sector Equitable Compensation Act reflects our commitment to ensure we continue to move in the right direction.

However, our commitment to women does not end there.

We support a wide range of initiatives that create opportunities for women and their families, including the extension of maternity and parental benefits to self-employed Canadians, as well as more targeted programs such as the women's community fund and the women's partnership fund.

The women's community fund supports projects at the local, regional and national levels to enable the full participation of women in all aspects of Canadian life.

The women's partnership fund facilitates the engagement of eligible organizations and public institutions through joint projects designed to address issues important to women.

Our government continues to introduce initiatives that improve the lives of women at home and abroad.

In the recent Speech from the Throne, we committed to further protecting women by cracking down on crime and addressing the unsolved cases of murdered and missing aboriginal women.

On the international front, Canada is championing a major initiative on maternal and child health in developing nations, during its G8 presidency.

Every year, more than half a million women die in pregnancy and nearly nine million children die before their fifth birthday. Far too many lives and futures have been lost for lack of relatively simple health solutions, all well within the reach of the international community. Often, the keys to life are no more sophisticated than clean water or the most basic treatment against infection.

Other members of the G8 share our concern. Together, we will take action to address this human misery.

Action was what was required when it came to the principle of equal pay for work of equal value. Our government acted when it brought forward the Public Sector Equitable Compensation Act.

Let us not now undo the progress we have made. Let us not now return to a system in which women had to wait up to 20 years for resolution of pay equity complaints, and then only after gruelling and divisive debates in court. Let us not take a step backward for women. Instead, let us support the just system our government has put in place by opposing the bill before us today.