An Act to amend the Employment Insurance Act (amounts not included in earnings)

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

Sponsor

Malcolm Allen  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of June 10, 2009
(This bill did not become law.)

Summary

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

This enactment provides that pension benefits, vacation pay and severance payments are not to be included in earnings under the Employment Insurance Act and therefore will not reduce benefits under the Act.

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.

Votes

June 10, 2009 Failed That the Bill be now read a second time and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6 p.m.


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NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I am delighted to rise in support of Bill C-279, An Act to amend the Employment Insurance Act (amounts not included in earnings).

As members will recall, I had the privilege of tabling a motion on behalf of the NDP caucus which called for immediate and comprehensive EI reform. That happened on March 5 of this year, and the motion was voted on and passed by the House on March 10.

When he was in opposition, the Prime Minister was fond of pointing out that a government has a moral obligation to respect the vote of the House and to enact initiatives that are passed by a parliamentary majority. I guess that was then and this is now, because shamefully, it has now been three long months since my motion was passed and not a single one of its reforms has been acted on. The Conservative government fiddles while the workers get burned.

Just last week the unemployment figures were released for May. Since the last election, 363,000 jobs have been lost in Canada. That is just since last October, 363,000 jobs lost in seven months.

As the headline in my hometown newspaper, the Hamilton Spectator, pointed out, Ontario is ground zero for job losses. Ontario was walloped by a net loss of an additional 60,000 positions in May, bringing our province's tally of employment losses to 234,000 since October. In that time, according to Statistics Canada, jobs in manufacturing plummetted by 14% and jobs in construction by 9.3%. These were well-paying jobs, family-sustaining jobs, jobs that every laid-off worker wants back. They need those jobs to keep a roof over their heads, to feed their children and to keep up with their bills. When they lose their jobs, their only hope of staying afloat is collecting on the insurance that they have paid into all of their working lives, and that is EI.

EI is a worker's way of building up a rainy day fund. As the above statistics show, it is not just raining; the monsoon season has arrived in Ontario.

At the very time that workers need the money that they have put away for just such an occasion, they are being told that the cupboard is bare. How could that possibly be? It is certainly not because workers have excessively drawn on the fund. Rather, it is because the government absconded with their money.

Under successive Liberal and Conservative governments, the $57 billion EI surplus has been put into the consolidated revenue fund, which is the government's wallet, and been used to pay down the debt and deficit. It is that money that allowed Paul Martin to claim that he had successfully tamed the Canadian deficit. It was not him; it was workers. It was the money that workers had put away for a rainy day that was stolen from them and used for purposes other than for what it was intended.

If their money went into the consolidated revenue fund, then the government owes it to workers to now pay for EI out of that same fund. Workers deserve nothing less. They have a $57 billion IOU, and it is time to help these innocent victims of the recession weather this economic storm through comprehensive EI reform. To say we cannot afford it just does not cut it.

One part of the much needed comprehensive reform is the NDP bill before us today. It simply says that when someone files a claim for EI, the start of that claim will not be delayed because he or she is in receipt of a pension, superannuation, a retiring allowance, vacation pay, or severance. These are all monies that are owed due to past service and in no way should be deemed as current earnings that the government can claw back from EI.

I want to commend my colleague, the member for Welland, for bringing this important bill forward. He clearly understands the financial hardship that so many Canadians are confronting each and every day after losing their jobs. Unfortunately, all too many Conservative members in the House still do not get it. Their interventions in this debate have made that crystal clear. Let me share with them, and with all members in the House, a heart-rending story that was shared at a public meeting in Hamilton earlier this spring.

Our leader, the member for Toronto—Danforth, and our provincial leader, Andrea Horwath, co-hosted a meeting with Ken Neumann, the national director of the United Steelworkers. The room was packed with people worried about their jobs, and many had already received their pink slips. One courageous woman in particular made an impassioned plea for job protection and improved EI. It is her story that I want to share with members in the House today:

My name is Shannon Horner-Shepherd and today I will be going into US Steel to receive my notice that my services will no longer be required. I began my employment with US Steel (Stelco) almost exactly 11 years ago, May 24, 1998. How do I know the exact date...it was the day that I breathed a sigh of relief that I had found stable employment and it was one week after I learned that my newborn daughter, Gabrielle, would probably not live to see her first birthday. You see, at the time I was a single mom of two children, Sumer, 4 years old, and Gabby, 5 weeks old. I felt blessed that in the turmoil of learning that my newborn daughter had been born with Trisomy 13, a rare genetic disorder that at best, would see her being severely physically and developmentally disabled and at worst, cause her premature death, I had a “good job”.

It was my job at the steel mill that gave me a feeling of safety and hope. A feeling of security, that I would be able to look after both my children and be able to provide the care that would be required to help Gabby live her life to its fullest potential. I had health benefits, something I had never had before for my children. I had job security for the rest of my life. I wouldn't need to worry about how I would pay for the medications, the therapies or all the added necessities that come along with having a child with a severe disability. I had hope.

Today, as I stand before you, my hope has been replaced with worry, my heart has been filled with dread and my shoulders are burdened with stress. I am still the mom to Sumer who is now 15, Gabby, who has just had her 11th birthday and also Justin and Nicholas my twin sons who are five years old. Gabby is still alive and yes the best case scenario was true...she is severely physically and developmentally delayed, but she is alive. I will be filing for my Unemployment Insurance on Monday, but I know that with the severe backlog of EI claims it will be weeks before I see my first payment. As I have been honest with you in baring my heart, I will be honest now. I, just like thousands of other steelworkers who are now out of work don't have weeks to wait. I have done my best to minimize the collateral damage that will be done once I lose my job. I have tried to explain to my boys that right now “mommy doesn't have the money” to buy the Hot Wheels set that my sons so badly want...how do I make them understand that the simple toys that they want are enough money to buy milk and bread and diapers for their 11 year old sister? How is it that I have gone from being envied by others for having a stable job and health benefits to being pitied for being a Steelworker and that I will now be living below poverty level?

Have I lived past my means? I don't think so. Did I buy a wheelchair accessible house last year so that I didn't have to worry about Gabby falling down the stairs and fracturing her spine again? Yes. Have I purchased a van that can be wheelchair accessible if and when Gabby has a stroke and becomes permanently wheelchair bound? Yes. [Have I] tried to get through the last 11 years with being the least amount of burden on the system because I could...[theoretically] “afford” to have a disabled child? Yes. Have I put money aside so that my other children will be able to attend college or university in the future? Yes. Have I lived beyond me means? No. I've just simply “lived”.

Now. I am praying to the same person I prayed to eleven years ago, but this time I am not praying that my baby girl lives just one more day...Makes it to one more Christmas or sees one more birthday...No, this time I'm praying that I'll be able to keep my house, feed my kids and find a job that will help cover the medical expenses. I need a job that provides security and stability. I know that EI cannot cover the expenses that I have in a month, that I will have to choose between Easter presents for my kids or gas in my van to take Gabby to doctors appointments. I will try to accept the fact that I am no longer employed in a sector that has job stability and was once, along with the autoworkers, the pride of Ontario. I will accept the fact that I just like so many others will have gone from being able to provide the little extras that we all long for to not being able to provide basics. I will wake up each day as I did starting eleven years ago and pray that we make it through just one more day, week and month and maybe, just maybe, someone will hear me, and my [prayers] will be answered.

Thank you for your time and your ears.

Shannon Horner-Shepherd

Mother of 4 and a proud Steelworker Local 8782

I hope that every member in this House has heard Shannon's story, not just listened to it but really heard it. We need to understand that the decisions we make here in this House have very real consequences. It is time to stop treating workers on EI as mere statistics. It is time that we saw their faces, really understood their hardship, and responded in a way that allows the unwitting victims of this recession to survive these uncertain times with dignity and respect.

Bill C-279 is an important step in the right direction. I urge all members to give it their unequivocal support and to commit today to fight for further comprehensive EI reform. Shannon and thousands of Canadians like her deserve nothing less.

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6:10 p.m.


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Conservative

The Deputy Speaker Conservative Andrew Scheer

There being no further members rising, I will go to the hon. member for Welland for his five minute right of reply.

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6:10 p.m.


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NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I thank my colleagues on this side of the House for their kind words in this debate on EI and what we need to do to fix a system that has been broken for a number of years.

My colleague from the Bloc made reference to the fact that there was a point in time when severance pay did not delay receiving employment insurance and vacation pay was seen differently from how it is seen today by the Canada Revenue Agency.

If someone is paid vacation pay on a weekly basis, in other words, if a person is entitled to $50 of vacation pay and it is paid weekly, it has no effect on the person's EI if the person is laid off at a subsequent point in time. However, if the vacation pay is paid on an anniversary date, that delays the person's EI. As my colleague from Bonavista—Gander—Grand Falls—Windsor said, that delay is pushing people into poverty.

We just heard my colleague reference a young woman named Shannon who told her story to a room full of strangers. In a sense she was telling the story of an extended family across the country at this time in our history when people are suffering.

On this side of the House we are trying to let the government know by relaying these stories that the suffering could at least be mitigated. The end to the suffering will come when we come out of the recession and people have jobs again, but at the very least we should help those in the country who are suffering.

This bill would help them. After all, it is their money. The money they are entitled to claim through EI is money they themselves have paid into the fund. One can debate what happened to the other money that was there and should have been kept in abeyance for just this time in history. I will concentrate more on the issue of looking after all of those in society who, through no fault of their own, at this moment in time find themselves in hardship. Those people who walk away from a job, do not qualify for EI. This bill does not talk about that. This bill concerns people who are unemployed through no fault of their own.

My colleague from Bonavista—Gander—Grand Falls—Windsor is hearing from the AbitibiBowater workers. I am hearing from the John Deere workers who will be out of work in a month. Some 800 workers in the riding of Welland, specifically the city of Welland, will be laid off through no fault of their own. That profitable company decided to leave and go to Mexico and threw those workers onto the employment lines. Most of them have worked all their lives, so they are finding out for the first time in their lives that their severance pay will preclude them from collecting employment insurance when they are laid off. It could in some cases be for over a year.

The government has taken a half step, maybe a quarter step, and said that if people use their severance pay to pay for their own retraining, the government will let them qualify for EI. The government ought to be a little more generous than that. The government ought to be fully compassionate and allow them to keep their severance. The government should retrain them for the jobs of tomorrow, and let them collect EI. It is their money. They paid into the fund. They are entitled to it. That is exactly what they should be allowed to do. It should not be about people spending some money and maybe the government will give them some money. The government cannot give what is not the government's to give. Those people are entitled to collect EI because it truly belongs to them. They are the ones who paid into the fund.

We on this side of the House have an understanding of the hardships, an understanding of the needs of those who have found themselves unemployed. We see on the other side of the House a sense of pushing people away, “Let us not bother with them at the moment. They can come back and see us later and perhaps we will let them qualify then”.

That is not what a compassionate country is about. That is not what the system was meant to do. The system is meant to take care of people in their most desperate hour of need. That is not happening. It is a real shame, that for all of those years that those people have worked, somehow they should not be entitled to EI as others are entitled. The entitlement should be the same. It should always be about equality. The way to make the system equal so that one is the same as the other is to allow them to keep that money.

I hope all members of this House will support the bill.

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6:15 p.m.


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Conservative

The Deputy Speaker Conservative Andrew Scheer

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

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6:15 p.m.


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Some hon. members

Agreed.

No.

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6:15 p.m.


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Conservative

The Deputy Speaker Conservative Andrew Scheer

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

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6:15 p.m.


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Some hon. members

Yea.

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6:15 p.m.


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Conservative

The Deputy Speaker Conservative Andrew Scheer

All those opposed will please say nay.

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6:15 p.m.


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Some hon. members

Nay.

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6:15 p.m.


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Conservative

The Deputy Speaker Conservative Andrew Scheer

In my opinion the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93 the recorded division is deferred until Wednesday, June 10, 2009, immediately before the time provided for private members' business.

Shall I see the clock as 6:30 p.m.?

Employment Insurance ActPrivate Members' Business

June 9th, 2009 / 6:15 p.m.


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Some hon. members

Agreed.