Fairness for the Self-Employed Act

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

This bill is from 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 has also written a full legislative summary of the bill.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-56s:

C-56 (2023) Law Affordable Housing and Groceries Act
C-56 (2017) An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act
C-56 (2015) Statutory Release Reform Act
C-56 (2013) Combating Counterfeit Products Act
C-56 (2010) Preventing the Trafficking, Abuse and Exploitation of Vulnerable Immigrants Act
C-56 (2008) An Act to amend the Transportation of Dangerous Goods Act, 1992

Fairness for the Self-Employed ActGovernment Orders

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

Conservative

Jay Hill Conservative Prince George—Peace River, BC

moved that the bill be read a third time and passed.

Fairness for the Self-Employed ActGovernment Orders

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

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.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 3:50 p.m.

Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, I thank the parliamentary secretary for giving us a refresher on this bill.

I know that most hon. members support this bill. I note that very few changes were made at committee. I was hoping that there would be further clarification with regard to the transitioning of workers from full-time employment to self-employment. I can only hope that the system will be sympathetic to those who find themselves transitioning to self-employment by personal choice.

With regard to Quebec, though, there are a couple of different scenarios because of the different benefit availabilities there. I understand that a concern was raised at committee with regard to the calculation of the benefits to be payable. An amendment on that was considered at committee but defeated. I understand there is still some question about whether or not the computation of the benefits available in Quebec is in fact correct in the bill as it stands now.

I wonder if the parliamentary secretary could assure the House that the questions raised with regard to the formula for Quebec benefits has been checked by officials and is indeed correct.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 3:50 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, I should preface anything I say by stating that this bill provides, first of all, that those who are not in Quebec will pay the same amount that other employees are paying, but they will only be entitled to special benefits.

Therefore, we will have to see the take-up rate and those kinds of things to see how the premiums balance out with the benefits. That is the way it works for the various benefits provided, and for those with respect to Quebec as well.

The big point is that the suggested premium rate is much less than the cost of private insurance, which is the only option that Quebeckers now have, and thus it provides them with a more affordable option. This bill recognizes that Quebec already provides maternity and parental benefits. Quebeckers who chose to opt in will only pay a premium of $1.36, instead of the $1.73 the rest of Canada will pay.

Therefore, provision and allowance has been made for those in Quebec, and, of course, it is an opt-in program. It is a strictly voluntary program throughout. For those who want to opt in, they will.

Those are the premium rates that have been set for simplicity of administration, for simplicity of operation, and they are consistent with general principles. That is how they are meant to apply. I think the bill, as it is, is exactly what it was intended to be.

I would urge this member and all members to get behind the bill. I might say that we have received the support of one member from the hon. member's party in ensuring that the bill proceeded as we now see it before the House.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 3:50 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I have often commented that the Conservative Party has not arrived in the 20th century let alone the 19th century.

However, with this bill, I think there is a recognition that the realities of work have changed fundamentally. So many people I know, and people who are younger than me, have never paid into EI because they are self-employed. Nowhere is this more noticed than in the artistic sector, where we have organizations like ACTRA that have been pushing for this for years.

To me, the need to address this massive discrepancy is so obvious, particularly for people who are working in the artistic sector who have been self-employed, who have been asking for action. They asked for action from Liberal government and they got nowhere. They are asking for action from the current government, and we have been pushing for this.

I think this is a bill that everybody should be supporting. What surprised me when I spoke with people from the artistic community was that they were telling me that the Liberal Party seemed to be very offside on this and did not think it was a good idea. I was certainly surprised there would be people within the Liberal Party who were not supporting a motion on extending benefits to the self-employed.

I would like to ask my hon. colleague, has the government been speaking with the artistic community and groups like ACTRA to ensure that their views are heard so that we can move forward with some very progressive legislation?

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 3:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, just to address the comments of the member, I know that the Liberal Party opposed the extension of EI benefits by five to twenty weeks for long-tenured workers. That was on the basis, I suppose, that they wanted to force an election that no Canadian wanted.

Having surmounted that part of it and forgetting their own self-interest in trying to generate an election, and I assuming they are past that point, I would certainly hope that notwithstanding the fact they voted against providing support for about 190,000 long-tenured workers, they would actually now have a look at what we are doing by way of providing benefits to the self-employed and disregard their own self-interest and get behind this bill and support it as quickly as possible to ensure that the self-employed will get the benefits.

With respect to ACTRA and the points they have made, they actually testified before the committee and gave their points of view. They thought, as I recall, that this was a very good first step and a movement in the right direction with respect to providing benefits for the self-employed, of which their members certainly compose a large number.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 3:55 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I have a question for the minister that involves telling us what the projections are as to the number of self-employed people who would participate in the program and whether he has any charts, studies and projections that would give us some of those numbers.

The way the system is set up right now, people have to pay into the system for at least a year before they can collect. Then if they do collect any benefits under the program, they have to stay in the program for the full length of time the business is in existence. If we were to have a situation where a person planned on making one claim over a period of 20 years, it is unlikely the person would sign onto the program.

I get the impression that it is a self-financing program, but then there is an indication that if the demand is not high enough, it may not be self-financing. On that basis, there would be a cross-subsidization from the other parts of the program.

Could the minister fill us in a bit about the projections for the program, how many people he sees would get into it and would it be self-financing from the beginning?

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 3:55 p.m.

Conservative

Ed Komarnicki Conservative Souris—Moose Mountain, SK

Mr. Speaker, there is no question it would be a novel principle if one could pay a premium to get a significant benefit, then after the benefit period expired, decide not to participate in the program. The question has to be looked at on a long-term basis. Do people wish to participate or not? If they do, and claim benefits, they must continue to pay the premium because that is how the premium-benefit ratio is set up.

By and large, the underpinning of the principle is, to the extent possible with the amount that other employees pay, that one would like to see the premiums have some direct correlation with the benefits. It will depend upon the take-up rate. It will depend upon a number of factors. The early projections are that in the initial part of the program, there will be perhaps a surplus and then there will be some deficit. However, after a period of time, when we know what the trends are and the uptake rate is, we will see what the differences will be.

However, by and large, the program has been designed to ensure that the premiums paid are the same as other employees pay and to ensure there is ease in administration, that it is not overly complex and is easy to understand. The way it has been set up, people have some time to decide whether they want to opt in or not. If they do, then they must stay in the program.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4 p.m.

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 / 4:15 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, New Democrats have long been a party that championed comprehensive social security programs such as employment insurance that have become so important to Canadians to keep them secure in times of economic difficulty, and this act goes some way in helping in that regard.

It proposes to give self-employed Canadians access to EI benefits in very important areas: maternity, parental, sickness and compassionate care. What is really important about this bill is that it will help certain target groups that historically have had difficulty in these areas, primarily women, artists, graphic designers and independent contractors in many different fields.

I worked for a trade union prior to being elected, where we had many truck drivers who were independent contractors and who were not deemed to be employees for purposes of this legislation. This is the kind of legislation that will really assist them so that they can do the same things that all Canadians do, which is to be present to help raise their children when they are first born or to help take care of gravely ill family members. These are values that I think every member of this House can join together on and support.

My question for the member opposite is this. She and her party had three successive majority governments in this country in times of great surplus. I wonder if she can tell us why her government never brought in such legislation when it had the chance to do so.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:20 p.m.

Liberal

Maria Minna Liberal Beaches—East York, ON

Mr. Speaker, actually we did do a great deal. Parental leave is a program that was brought in while we were in power. Compassionate leave is a program that was brought in while we were there.

With respect to the self-employed, that was something that we were actually working on, and then of course we lost the government and another party came in. Of course, we are doing it now, but we started all of this.

The compassionate leave was our work. The extension of parental leave was also our work, and a great many other programs for women. Gender-based analysis was something that we were doing and have been doing for some time, and this is an extension of that. It is fine and it is good, and all I am saying is that we support the bill but we would also like to see covered some of the other things that I mentioned earlier.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:20 p.m.

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I have a very specific question for the hon. member.

First of all, I congratulate her on her speech, and I would also like to zero in on the issue of gender study and do a gender analysis on this particular bill, which she has called for on several other bills as well.

One of the issues, changing gears to another specific part of our economy, would be the part-time workers and just how elements of the EI system could be changed to include things such as a 360-hour requirement, which would reduce that threshold and make it much more beneficial for women who are part-time workers or in other professions, not just those who are self-employed.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:20 p.m.

Liberal

Maria Minna Liberal Beaches—East York, ON

Mr. Speaker, as I said earlier, women in this country do 80% of the caregiving, and the majority of Canadians doing part-time work are women. The majority of people who are self-employed are men. There are self-employed women, of course, no question, but again there is a disparity in the incomes there.

Therefore, what is very important, if we are looking at this with a gender lens, in order to ensure that women are covered is to lower the threshold, because the 600-hour threshold is too high. None of the part-time workers, most of whom are women, can access the program or get any benefits such as parental leave or sick leave, all of this. They do not get the parental leave and compassionate leave, so they cannot access it.

There are a lot of part-time workers in this country, and more so in this economy. They are paying EI premiums because they are obliged to, but they do not get benefits out of it. They all have children. They all have caregiving for members of the family who are ill, and so on. If we would lower that to 360 hours, as we on this side of the House have been saying for some time, it would include those people and it would certainly make the system much more equitable.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:20 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I asked the government minister a question about projections or numbers of people who would be taking part in the uptake of the program and any studies that it had taken. He certainly did not answer that question at all. I assume the member heard what he had to say.

I think the member does have a point about the mandatory issue here and perhaps the Chief Actuary probably has a point on that, too. I think it is still important for us to proceed with the legislation and get the pilot project started.

However, for the government to say that it is going to be self-financing and not have any statistics available whatsoever to justify that, that people have to be members of the program for a year and then can opt out after a year if they never collected on the program, basically what that boils down to is we are going to have selection against a system. In the insurance business, it is called selection against the company. Basically, when people know they are going to make a claim, they will join in the system.

For it to work properly, it really is going to have to evolve over time into a mandatory system. On that basis, then, it can be a self-financing program.

Nevertheless, it is a good idea. It is something we should proceed with. However, I do think the member is onto what the real story is here.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:25 p.m.

Liberal

Maria Minna Liberal Beaches—East York, ON

Mr. Speaker, the government did tell us at committee, and members will recall, that there was supposed to be a task force set up to look at this before it was brought to the House. The task force was actually never set up and the government, I think, got to doing it in the fall. The Chief Actuary told us that he only just got involved in September. And even then, he was ill. I do not think that he was all that involved. So, these issues were not threshed out properly.

As the hon. member said, I do support the bill. We need to support the bill and we need to move on it, obviously. However, we do need to also do the other work to ensure that the problems, that I expect will crop up because of it being a voluntary program, are addressed earlier rather than later, so that they do not become entrenched.