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. The Library of Parliament often publishes better independent summaries.

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

November 5th, 2009 / 3:55 p.m.
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Liberal

The Speaker Liberal Peter Milliken

Before the debate was interrupted, the hon. member for Edmonton—Sherwood Park had the floor. There are 14 minutes in the time allotted for his remarks.

I therefore call upon the hon. member for Edmonton--Sherwood Park.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 3:55 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, before question period and before the great tributes to our veterans by all parties, I talked about a promise our Conservative government made to self-employed Canadians to set up a system to allow self-employed Canadians to collect EI special benefits for the very first time.

It is not surprising that many self-employed Canadians have been calling on the federal government to open up EI special benefits to them. They want fair treatment from their government, and we agree. We do not want them to have to scale back or stop work when faced with a joyous event, like the birth or adoption of a child, or difficult personal or family challenge, like a serious illness or family crisis.

This was underlined by recent public opinion research which found that 86% of self-employed persons polled supported access to sickness benefits, 84% to compassionate care benefits and 64% to maternity and parental benefits. Those are overwhelming numbers. While I realize it can be easy to get overwhelming numbers of people who say yes to money, and let us be clear, these numbers are yes to money numbers, the overwhelming number of people responding to these questions are self-employed.

They are entrepreneurs, they are business owners, they are service providers who only get paid when they work, when they show up or when their shop is open. This is a demanding life. They know the value of a dollar and they also know the value of each dollar they earn. They know the value of work because they do not get paid unless they work.

They also sometimes just think that life could be made just a little easier. They do not want a handout. They are not looking for free money or special treatment. They want to be treated fairly just like other Canadians, and we can do that.

They know that this opening of access to those benefits is not free. It is not without cost. This system will be largely, if not entirely self-financing. This means that the money for these benefits will come from the self-employed. They will pay in and it will pay out to them.

An overwhelming number of these self-employed Canadians want access to a structure that facilitates the provisions of these benefits to them and they know perfectly well where the money will come from. It will come from them. These numbers tell us that they are willing to pay out that money. The opt-in rates for this system, once it is set up and running, will tell us how much they are willing to pay.

The choice is up to them. The opportunity is theirs. We as a government simply know that it is fair and right to give them that opportunity.

Self-employed Canadians want access to these special benefits so they do not have to make a difficult choice between work and family or their own health and so years of work spent building up a business or professional practice are not lost by life events that, in many cases, are foreseeable, if not close to certain.

As I said, we can make things just a little easier without giving anyone special treatment.

Our Conservative government has listened and is prepared to act by recognizing that such a move is not only the compassionate thing to do, but also the smart thing to do since it will strengthen and support families, which are, after all, the foundation of our society, and allow the self-employed who might otherwise have to leave the workforce to stay fully engaged, keep their skills up-to-date and continue making their own special contribution to the prosperity and competitiveness of our nation and its economy.

Now that we have introduced this bill, here is what Canadians are saying about it. On Tuesday, Richard Phillips, the executive director of the Grain Growers of Canada said that this legislation was very welcomed. He said, “This has huge potential for quality of life in rural Canada”.

He also said 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 per cent of them choose to take advantage of these programs, this could help ensure another 20,000 more young families staying on the land.

Therefore, it is good for farmers. We know our farmers feed our cities. In fact, they feed the entire world. This is something we can do to help them even just a little more.

It is good for small businesses. Do not take it from me, take it from the president of the CFIB, the Canadian Federation of Independent Business. It is one of the main voices for the self-employed and small business owners.

On Wednesday, Catherine Swift said:

—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)

That point is very important. More than full one-third of self-employed Canadians are women. Many self-employed women want to have families, and that number is growing. Women are starting more businesses, owning more businesses and continually increasing their strength of their numbers within the self-employed. The bill would help them.

On Tuesday, Philip Hochstein, the president of the Independent Contractors and Business Association, said:

Many independent contractors work as owner operators, from truckers to drywallers to painters, and with these challenging economic times, the extra security offered with extending EI special benefits is welcome.

On Tuesday, Dale Ripplinger, the president of the Canadian Real Estate Association, applauded the government for taking action to address many of the inequities in the Employment Insurance program faced by self-employed Realtors. He said:

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(R), which can help balance career and family life.

In a welcome call, Stephen Waddell, the national director of ACTRA, the Alliance of Canadian Cinema, Television and Radio Artists, called on the opposition to support our government's efforts to pass the bill. He said:

This legislation is a question of basic fairness and equal treatment for Canadian workers. We're calling on the, Liberals, NDP and the Bloc to avoid an election and get this initiative passed into law.

David Quist, the executive director of the Institute of Marriage and Family, welcomed the plan, saying that it would allow more parents to be involved in their children's lives.

This is a big part of why we are doing this. Self-employed Canadians want this bill. They want fairness and we are going to deliver it for them.

What are the proposals contained in the bill and why are they so important to entrepreneurs who find themselves in this situation? Basically, it comes down to this.

Under this bill, our government is proposing to do the right thing by giving the self-employed the ability to voluntarily opt into the EI program to be able to receive EI special benefits, which include maternity, parental, sickness and compassionate care benefits.

Self-employed residents in Quebec are already covered by the Quebec parental insurance plan for maternity and parental benefits provided by the government of Quebec and they would continue to be. They could opt in to take advantage of the sickness and compassionate care benefits to be offered by the Government of Canada through the EI program.

Under the legislation, special benefits for self-employed individuals would mirror the current EI program with similar benefit duration periods, income replacement rates, maximum insurable earnings, treatment of earnings and waiting periods.

It is clear that some aspects of the program will have to be adjusted, given the unique circumstances of the self-employed. A good example is eligibility will be determined by a minimum income threshold of $6,000 per year rather than the current 600-hour requirement for those working for an employer.

Should they opt into the program, their EI premiums would be collected by the Canada Revenue Agency, along with their income tax. They would have to pay EI premiums on an ongoing basis for at least one year prior to receiving EI special benefits and these would mirror the relatively low rate currently paid by salaried employees across the country.

Equally important is the fact that, unlike the current practice with the Canada pension plan, self-employed contributors would not be required to pay the employer's portion of the premium, 1.4 times the employee rate, in part to reflect the fact that they would not have access to EI regular benefits.

Self-employed Canadians who begin paying premiums may choose to opt out of the program at the end of any tax year as long as they have never claimed benefits. Once they have made a claim, they must continue to make contributions on their self-employed income.

The changes contained in the bill represent just one element in a much larger, overall effort by our government to ensure the EI program continues to serve Canadians in an effective manner.

A number of EI measures have been implemented through Canada's economic action plan, which seeks to help Canadian workers and their families cope with the impact of the current world economic downturn. This has resulted in a number of improvements to EI involving longer benefits, more efficient service and more support for training.

These measures include providing five extra weeks of EI regular benefits, increasing the maximum duration of benefits as well as protecting jobs through extended and more flexible work-sharing agreements. In addition, the career transition assistance initiative is providing assistance for long-tenured workers who need training to transition to a new industry.

We introduced Bill C-50, extended weeks of benefits for those long-tenured workers, which passed through the House earlier this week.

This is proof positive of the government's commitment to ensure that EI programs will continue to provide Canadians with the temporary income support needed to make ends meet, while they look for another job, and help workers adjust to labour market changes and balance work and family responsibility.

These are some of the measures being taken up by this government to help Canadians cope with the unprecedented world economic downturn.

Recognizing the importance of this issue, fairness for the self-employed, I will vote for the bill so self-employed Canadians can get the assistance and support they need. I urge other members of the House to do likewise.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:10 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I want to note that when we discussed Bill C-50, dealing with long-tenured workers, the government had actual statistics or figures that it could give us. It projected that Bill C-50 would affect 190,000 people and that it would cost roughly $1 billion.

I ask the member to provide us similar statistics for this bill. Surely before the government would introduce a bill of this type, it would have some projections as to how many people might be affected by this initiative and how many people are expected to apply in year one, two, three and year five.

I understand it will be a self-financing program, but if it is not, how will the shortfalls be made up?

Could the member tell us why the government has not released details similar to the same type of details it released in Bill C-50 just two weeks ago?

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:10 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, the fact is it is optional for the self-employed to buy into this program.

We have about 2.6 million self-employed Canadians. Overwhelmingly, when polled, they wanted this program. They have interest in it: 86% are interested in sickness, 85% in compassionate care, 64% in parental benefits and 62% of women are interested in the maternity benefits that this can offer.

Frankly, right now we do not know the numbers. We anticipate many of those 2.6 million will opt into this program. However, until the program gets going, we will not know how many, but we definitely anticipate many of them will. Many are interested in this program. It can help so many of them with their businesses and will allow them to balance business and family.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:10 p.m.
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Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, I like the many aspects of the bill. I hope it will be sent to committee, debated and refined in committee.

I have one concern, however. On matters of EI, we have seen time and again from the government misinformation on the actual numbers. It was in response to a question for the parliamentary secretary just last week. He stated in the House that the rates per $100 on EI, the premiums charged businesses actually went up during the tenure of past Liberal governments. That is absolutely and positively wrong. When we took over in 1993, it was at $3.18 and it was on its way up. Now it is down to $1.72, so that is a false statement.

What we hope for, and I hope the member can assure us of this, is the numbers coming forward before we vote on this are true numbers. Does he not understand fully that the numbers the parliamentary secretary cited were absolutely wrong?

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:10 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, what is clear is the number of self-employed Canadians who actually need the bill and it is the reason we brought the bill forward. It was a commitment by the government, a commitment by the Prime Minister and a promise made to self-employed Canadians, because we believe that self-employed Canadians should not have to choose between family and their businesses.

Self-employed Canadians include small business owners, farmers, construction workers, professionals, realtors and those who have small businesses at home. More important, according to Statistics Canada, from 1976 to 2008, the number of self-employed men in Canada roughly doubled from 873,000 to over 1.7 million, but the number of self-employed women nearly tripled over the same period, going from some 300,000 to over 900,000.

The bill would help Canadians across all of Canada, and especially help women to balance work and family.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:15 p.m.
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Conservative

Ed Fast Conservative Abbotsford, BC

Mr. Speaker, I want to thank my colleague from Edmonton for his excellent remarks about the bill, which would continue to serve the needs of workers, especially those who are self-employed in Canada.

I would like to have him comment about the Liberals new-found zeal for the unemployed. As he knows, Bill C-50, a government bill that is presently in the Senate, is providing additional support for long-tenured workers, in other words, those who have worked for many years without drawing on the employment insurance system and have suddenly found themselves out of work. We are making that system even more robust in providing additional benefits to those long-tenured workers. Unfortunately the Liberals, when their feet were held to the fire and they were asked to vote for the unemployed, voted against that legislation.

Perhaps my colleague could comment on how he perceives this inconsistency between how the Liberals speak in the House and then act when they are asked to vote on support for the unemployed.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:15 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, the hon. member said that the Liberals say one thing and then vote in a totally different direction and really let Canadians down. Canadians are lucky to have a government that is supporting them, especially the long-tenured workers. So many Canadians have asked for this. They need it. We have added extra weeks onto EI, and now this bill would allow self-employed Canadians to benefit from EI special benefits.

Even in the arts and culture community, Ferne Downey, the national president of the Alliance of Canadian Cinema, Television and Radio Artists, said:

This is a positive first step by the federal government and so we are urging all parties to support the extension of parental leave benefits to all workers.

These are Canadians across the country urging the opposition to support the bill so we can help them.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:15 p.m.
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Liberal

Paul Szabo Liberal Mississauga South, ON

Mr. Speaker, it is often said that when a member speaks in this place or outside of this place, they are taking a risk because their integrity is being judged at every moment.

Previously a member asked the member directly about the information he gave about EI premiums increasing during the last Liberal government. The fact is, as the member knows, from 1993 there was a constant decrease, year after year, in EI premiums.

So I will ask the member very directly, would he please check his facts and affirm to the House what the truth is?

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:15 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, I think Canadians want to know the truth about where all those EI premiums went to during the Liberal tenure, when they were in government for so many years.

For 13 years when the Liberals were in government, self-employed Canadians had asked for this bill, asked for provisions to help them, asked for an extension to EI. They did not get anything under the Liberal government. This government made a promise and we kept the promise.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:15 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, Bill C-56 is great news for self-employed workers. It was utterly unfair that, in the past, only those who worked for other people's organizations have been able to collect employment insurance and parental benefits, while putting in an equal amount of work and paying taxes.

It is vitally important that all Canadians are able to find a balance between work and family. Extending maternity, parental, and compassionate care benefits to self-employed Canadians will mean that they will be better able to care for their families.

Perhaps the member could comment on how self-employed workers across this country would be allowed access to these benefits just like other Canadians.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:20 p.m.
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Conservative

Tim Uppal Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, I thank the member for her question, her comments, and hopefully for her and her party's support for this bill.

I was speaking in my riding to members of the Sherwood Park and District Chamber of Commerce and they were saying how much they appreciate this, especially women and also new Canadians. Many new Canadians have built up businesses, have come into this country and invested, and they really would appreciate getting these EI benefits as well, just like other workers.

This bill is good news for all Canadians.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:20 p.m.
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Liberal

John Cannis Liberal Scarborough Centre, ON

Mr. Speaker, I waited patiently to participate in this debate on Bill C-56 at second reading. I had, in my mind, planned to talk about certain things, but following the debate, I am going to start off by going in a different direction and then I hopefully will have enough time to make the points I wanted to make about the merits or the demerits of the bill.

We are elected to come to this House with the intent of trying to bring forth legislation. Ideas and suggestions are tabled here and in committee to improve the lives of our people in good times and in difficult times. Our country today is going through some difficult times. There is high unemployment, and the economy is hitting rock bottom.

We eliminated the $42 billion deficit. We provided $100 billion in tax relief, the highest in Canadian history. Unemployment went from 11.3% or 11.4% in 1993 to 6.1% or 6.2% when we left government in 2006. People were working. There was confidence in the nation.

I want to go back to a couple of questions that were asked of the previous speaker, who is from the Conservative Party, the member for Edmonton—Sherwood Park. He was asked one question by two members of the Liberal team: first by our whip, the member for Cape Breton—Canso; and the same question again by the member for Mississauga South.

One might ask why two Liberal members would ask the same question.

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:20 p.m.
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Conservative

Merv Tweed Conservative Brandon—Souris, MB

Where is the $45 million?

Fairness for the Self-Employed ActGovernment Orders

November 5th, 2009 / 4:20 p.m.
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Liberal

John Cannis Liberal Scarborough Centre, ON

I will tell him where the $45 million is. If he is patient enough, I will tell him where the $45 million went and I will tell him where his party blew $70 billion.