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 / 4:25 p.m.

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, my question is for the hon. member for Beaches—East York.

I have been listening to the member. She said the program takes away the rights of women to qualify for EI because 80% of the women work. According to a Statistics Canada study, about 32% of women qualified for EI. I agree with her.

She has been a member of the House for a long time. She said the Liberals did good things when they were in government. However, they were the government that cut employment insurance in 1996 and put the number of hours to qualify for sick leave at 700 hours. Finally, it went down to 600 hours.

For the new person coming in, it was 910 hours. That is the reason why at one point in time over 70% of people, men and women, working people, who wanted to qualify for EI used to get it. However, the Liberal government cut employment insurance and brought up the number of hours they needed to qualify. I would like to hear her comments on that.

Personally, I introduced a bill in the House for 360 hours, and the Liberals voted against it.

Fairness for the Self-Employed ActGovernment Orders

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

Liberal

Maria Minna Liberal Beaches—East York, ON

Mr. Speaker, we can always have this mirror if we like, but the reality is that in good economic times when unemployment was down to 6% it was a totally different environment than when we are looking at unemployment rates of 8.9% across the country, nearly 15% in my city. It was a totally different situation for people and so, we are talking about different times.

Also, maybe we did not get everything we wanted, but parental leave was established under our watch. The compassionate leave was established under our watch. What I said earlier, just to correct the hon. member, was that 80% of compassionate care is done by women in this country, and this is why I am talking about this particular part.

It is important to remember that EI is a system that has been there for some time and has been changed over time to accommodate different things, but it is critical that at this time it addresses the current economic situation and not that of the past.

Fairness for the Self-Employed ActGovernment Orders

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

Liberal

Jean-Claude D'Amours Liberal Madawaska—Restigouche, NB

Mr. Speaker, I seek the unanimous consent of the House to move the following motion:

That the House of Commons urge the Minister of Finance to take every measure necessary for an immediate amendment to the Bankruptcy and Insolvency Act, in an effort to help those facing financial difficulties with respect to their company pension plan by providing them with the appropriate protection in the event an employer becomes insolvent, and to take every measure necessary to introduce a comprehensive piece of legislation that would create a pension protection agency.

Fairness for the Self-Employed ActGovernment Orders

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

The Acting Speaker Barry Devolin

Does the hon. member have the unanimous consent of the House to move the motion?

Fairness for the Self-Employed ActGovernment Orders

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

Some hon. members

Agreed.

No.

Fairness for the Self-Employed ActGovernment Orders

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

Liberal

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

Mr. Speaker, I rise on a point of order. I am absolutely disgusted by the fact that the government has gone across this country, has provided information, has taken--

Fairness for the Self-Employed ActGovernment Orders

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

The Acting Speaker Barry Devolin

Order. order. This is not a point of order.

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Madawaska—Restigouche, Employment Insurance; the hon. member for Etobicoke North, Health.

Questions and comments, the hon. member for Timmins—James Bay.

Fairness for the Self-Employed ActGovernment Orders

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

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I listened with interest to my--

Fairness for the Self-Employed ActGovernment Orders

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

The Acting Speaker Barry Devolin

Order. My apologies.

Resuming debate, the hon. member for Saint-Lambert.

Fairness for the Self-Employed ActGovernment Orders

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

Bloc

Josée Beaudin Bloc Saint-Lambert, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

That is why the Bloc Québécois cannot support this bill.

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

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

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

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:40 p.m.

NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, the fact of the matter is that the number of self-employed people has mushroomed over the years. In fact, people in many cases are being forced into self-employment. They are having to go back to work for their previous employers in a self-employed capacity. Computer companies replace their repair people. The real estate industry has gone largely to a self-employed system over the last 15 years. Companies contract their own cleaning services.

There is a huge number of people who need this type of program, and the number is increasing. While we can argue that the government has not given us the information that we have asked for in terms of the uptake and the studies on how many people will be taking part in this, it is important to get the program started.

Even though the government says it is going to be self-financing, we think that it probably will not be in the first couple of years because it will be selected against. It will be a couple of years before the system becomes mandatory and the premium rates that the Bloc member is talking about will be adjusted so that there will not be the imbalance that she sees.

I think the member is projecting too far ahead. I think she should give the program a chance and then work out the problems as we go along.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:40 p.m.

Bloc

Josée Beaudin Bloc Saint-Lambert, QC

Mr. Speaker, I thank my colleague for his question. The department's former chief actuary has confirmed that the cost to Quebec is much too high. In fact, self-employed Quebeckers should pay 41¢ for every $100 earned in order for it to be fair.

Calculations are based on 2014, because the government will be re-evaluating this bill in five years. I believe that we should use specific years to evaluate all the ramifications.

We cannot have Quebeckers assume the cost of a program that is designed for all of Canada's self-employed.

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

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:45 p.m.

Conservative

Ben Lobb Conservative Huron—Bruce, ON

Mr. Speaker, I would like to read a quote from the hon. member for Saint-Lambert. She said in March, “I think offering self-employed workers the opportunity to contribute to employment insurance on a voluntary basis is long overdue”. That is what this government did.

I wonder how the hon. member reconciles with her constituents, the people she represents, that that party has voted against all the measures that we have brought in on employment insurance? How is she able to go back to her constituents and say that she is trying to help those who are unemployed?

The member voted against the five extra weeks. She is voting against this bill. She is voting against up to 20 weeks for long-tenured workers who need the support the most and freezing EI rates at $1.73 for this year and next. All these measures the member has voted against but at the same time she is saying she is working for the interests of those who have lost their jobs. She voted against the infrastructure stimulus funds and all the community adjustment funding. Yet the member stands in the House and says that she is working for those who are unemployed.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 4:45 p.m.

Bloc

Josée Beaudin Bloc Saint-Lambert, QC

Mr. Speaker, I thank my committee colleague for his question.

In fact, the Bloc Québécois has always voted in the interests of Quebeckers. I repeat, the government's employment insurance measures do not meet the needs of Quebeckers. The program for long-tenured workers does not apply to Quebec forestry workers but is designed primarily for workers in the automotive sector.

The five additional weeks are only temporary and are not a permanent measure. Self-employed workers in Quebec already have access to parental leave. They now have access to compassionate care and sickness benefits. They will be paying three times too much. I do not believe that these self-employed workers, even if the program is voluntary, are interested in covering the entire cost of this project across Canada. It will take a much lower amount, a fairer amount, say 41¢, for them to be interested in signing up for employment insurance benefits for the self-employed. In fact, I am not sure that our Quebec workers are interested in paying for all other workers.