Fairness for the Self-Employed Act

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

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

Sponsor

Diane Finley  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 5:15 p.m.


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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, the only thing the member has to realize is this. The reason the budget went through was because the Liberals voted with the Conservatives. The member asked me why the government did that. It did it through a budget for which the Liberals voted.

Many times I hear Conservatives say that members of the NDP is against the employment insurance because they voted against the EI bill. What we voted against was them taking the $55 billion and putting it in a new account. When the train came through Ottawa, they jumped on it, took the money and put it against the deficit, and the Liberals were part of it.

I think the member did not think about the question he asked me. He has to remember that was in the budget and the Liberals voted for it. He asked why the Mulroney government took the money and put it in the general fund. The Liberals had 13 years to take it out of the general fund and give it back to the workers, but they did not do that.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 5:15 p.m.


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Bloc

Josée Beaudin Bloc Saint-Lambert, QC

Mr. Speaker, I would like to ask my colleague a question since he spoke earlier of unfairness and injustice. I would like to ask him the question he asked me. Is the wrong made right because this is a voluntary program? That is my question for him.

Earlier, the member said that because the bill is voluntary we should let self-employed Quebeckers make that decision. I will ask him the following question. Is the wrong made right because this is a voluntary program? Is it not the job of parliamentarians to ensure that a bill is just and fair for everyone?

In my opinion, this bill needs work to do just that. It is not the Bloc Québécois that should bear the blame but the government because it did not support the amendment proposed by the committee members. The amendment only proposed making this a just and fair bill.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 5:15 p.m.


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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, let us talk about the Government of Quebec. I commend that government for creating a program granting maternity leave and parental leave for self-employed workers. A certain amount of money was taken from the employment insurance fund in order to make that possible. The other workers never had that. It was not fair for them. Personally, I do not think we should turn a blind eye when a self-employed worker does not have the resources to start a family. We cannot ignore things like that.

I can understand the member who said that her party's only concern is Quebec. However, there is more to Canada than just Quebec. I have no doubt that Quebec will find a way to negotiate with the government to obtain its fair share. The Government of Quebec is very good at that. In the meantime, can we prevent self-employed workers from receiving the benefits they have so long been seeking? I do not think we should do that. If the Bloc wants to vote against the bill, that is their decision and I respect that. However, the Bloc members will have to say to the hairdressers and barbers and artists of Quebec that, if they get sick, it was the Bloc Québécois that did not give them the chance to make their own decision. That is what it comes down to.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 5:15 p.m.


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, the member for Acadie—Bathurst said that it was the work the NDP did that led to this bill. I would like him to tell us exactly why the NDP fought for this change that is going to help workers.

Fairness for the Self-Employed ActGovernment Orders

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


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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, the reason is simple. When I said earlier that I had made a national tour, that is what I did. I was elected to the House of Commons because the people in my riding decided to send me here to speak for them. We had the biggest demonstrations about employment insurance. That was in Campbellton, where the four nations met. When I say the four nations, I am referring to Quebeckers, aboriginal people, Acadians and anglophones. The four nations stood together to say that there needed to be changes to employment insurance.

When I did my tour and I arrived in Parliament—I went everywhere—self-employed workers were saying that they wanted to be part of the EI program in order to have the same protection and assistance as other workers. Some say that becoming a self-employed worker is an individual choice. But that is not true, because some people did not choose to become self-employed workers. They had no other work and had to create their own job. Often, I heard them say that they were forced to do so because they had been cast aside. Today, we can give these people an opportunity to receive the same benefits as other workers, or some of the same benefits.

Fairness for the Self-Employed ActGovernment Orders

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


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I think the member hit the nail right on the head when he pointed out that we are looking at 2.6 million Canadians in the self-employed category: hairdressers, artists, real estate agents. For the Bloc to deny them the opportunity to participate in this program is a big mistake on their part, because as the member has pointed out over and over again, this is a voluntary program. Once it is in operation, it can be fine-tuned.

I have asked the government for information and studies and projections on how many people will participate in the program. The government has not been able to provide those. The government says that the program will be voluntary. There is evidence to show that a compulsory program may be the only way it will become self-sufficient. However, that will not stop us from supporting the bill. We want to see the bill passed and see the system put in place, and then we will improve it over time.

Fairness for the Self-Employed ActGovernment Orders

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


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NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, the question was in fact directed to the Bloc Québécois. Why is it voting that way? The Bloc Québécois also voted against Bill C-50, which gave long tenured workers access to EI.

For a party that wants to champion employment insurance, the Bloc Québécois has quite often voted against legislation in that area. A decision will have to be made. It will be up to the people of Quebec to judge the Bloc's actions. Bloc members argued in their defence that EI for long tenured workers applied only to Ontario workers and auto workers. I am sure that the economy did not fare much better in Quebec. Quebec was hit by the economic crisis like everyone else. Yet, the Bloc members wanted to prevent these workers from having access to EI benefits.

I am glad that the NDP voted in favour of the bill. If that could have helped the people of New Brunswick, I would have also liked our cousins in Quebec to help us. They decided against it. They are adults. They are the ones who will have to go back home and, in taking part in the political life there, explain why they failed to help long tenured workers. They are not helping either the self-employed workers who would like to be covered by the EI program when they are sick or need special support.

At any rate, as I said, we are all adults here. Let them make their decisions. We will make our own.

Fairness for the Self-Employed ActGovernment Orders

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


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Liberal

Raymonde Folco Liberal Laval—Les Îles, QC

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

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

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

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

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

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 5:25 p.m.


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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, the member has raised a point that has come up several times during debate concerning the determination of premiums for Quebec residents who, under the Quebec system, have substitutes for some of the benefits that are being provided. The parliamentary secretary had indicated that the rate has been set lower than the private insurance rates that would otherwise be available.

This seems like a sloppy way to do it. Indeed, it seems to me that in a number of ways the committee did not have the opportunity to look at the calculations and to receive the information from the proper officials. I wonder if the member would care to comment on whether or not she feels strongly enough that there should be a total review and reassessment of the prescribed rates.

Fairness for the Self-Employed ActGovernment Orders

December 2nd, 2009 / 5:25 p.m.


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Liberal

Raymonde Folco Liberal Laval—Les Îles, QC

Mr. Speaker, my colleague posed an extremely important and difficult question. Outside the committee, we had a very hard time getting real figures in response to the questions we asked. The answers were not very clear. It took us a long time to come to the conclusion I just spoke about in the House.

The whole bill does not necessarily have to be reviewed, because it is a fundamentally good bill that will give benefits to people who definitely need them and are asking for them. What needs to be reviewed are the figures regarding the benefits that will be paid to Quebeckers, to Canadians who live in Quebec. The government or someone else could still review the figures and come back to us with more concrete, real and correct figures.

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

Fairness for the Self-Employed ActGovernment Orders

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


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Bloc

Pierre Paquette Bloc Joliette, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fairness for the Self-Employed ActGovernment Orders

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


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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I have a feeling that the Bloc's research department should take a second look at this issue. It is supposed to have a very good research department, but I am not so sure it is right on this one.

For example, in this particular bill, this is optional. No one has to buy into this program. If individuals can find benefits that are cheaper in the private sector and insurance market, they are free to do so or they are free to do nothing. Second, the member said that the government would be using the EI surplus to pay the deficit. In fact, this program is not going to produce any surplus at all. There will be a deficit unless it is made mandatory.

I think the Liberal member had it tied down pretty good the other day. She suggested that she could not see how it could possibly make money because it would be selection against the EI system when it is made voluntary. It would have to be mandatory to break even. That is another issue. I would ask the Bloc member to comment on those items. I just think it has it wrong this time.

Fairness for the Self-Employed ActGovernment Orders

December 4th, 2009 / 10:15 a.m.


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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I am always stunned to see how naive the NDP can be. It regularly buys into the Conservative rhetoric for populist reasons. That may be the one thing that the NDP and the Conservative Party have in common: they base their arguments or their strategies on populism.

Our research department had nothing to do with it. The figures were validated. It was the former chief actuary for EI, Mr. Bédard, who did the calculations. Self-employed workers in Quebec will have to pay $1.36, as opposed to $1.73 for their Canadian counterparts. That is a difference of just 43¢, but self employed workers in Quebec already pay 88¢ for every $100 of insurable earnings for parental leave. Therefore, self-employed workers in Quebec will pay $2.22.

First, this is extremely expensive considering what the real coverage is. We are not comparing this to the private sector. That has absolutely nothing to do with it. We are comparing this to how much it is costing the government to offer this new coverage and how much self-employed workers should be paying. Actually, they should be paying 43¢ for that coverage.

Second, Mr. Bédard told us that by 2014 the EI fund will have a $100 million deficit on the Canadian side and a $70 million surplus on the Quebec side. This means that self-employed workers in Quebec will pay for their counterparts in English Canada at a rate that I think is totally disproportionate.

We support the principle of solidarity within a society, but not at the expense of fairness and justice. This bill is unfair to the self-employed workers of Quebec.

Fairness for the Self-Employed ActGovernment Orders

December 4th, 2009 / 10:15 a.m.


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Conservative

Dick Harris Conservative Cariboo—Prince George, BC

Mr. Speaker, it is unfortunate that the Bloc is taking such an opposing view of this legislation. I think the Liberals and the NDP as well as our government realize that this is landmark legislation. It has never been offered before. This is something that is going to level the playing field as far as employment benefits for both workers and the self-employed.

If one does not try something new, one will never succeed in perfecting it. If we get this legislation through, we can take some time. If there are some areas that the opposition may feel need to be touched up a little bit, we have the committee to do that. As we go along with this program, which is new and innovative, we are going to see amendments that perhaps can make it better.

Let us understand that the self-employed business person in Canada plays a very key role and should have the opportunity to purchase this extra bit of protection. I am surprised that the Bloc is so opposed to it. Get with this legislation. It is—