Bill C-280 (Historical)

An Act to amend the Employment Insurance Act (qualification for and entitlement to benefits)

This enactment
(a) by lowering the threshold for becoming a major attachment claimant to 360 hours, makes special benefits available to those with that level of insurable employment;
(b) sets the weekly benefit payable to 55% of the average weekly insurable earnings during the highest-paid 12 weeks in the 12-month period preceding the interruption of earnings; and
(c) reduces the qualifying period before receiving benefits and removes the distinctions made in the qualifying period on the basis of the regional unemployment rate.

Private Members' Business--Bill C-280

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, on February 25 you made a statement with respect to the management of private members' business. In particular, you raised concerns about five bills that, in your view, appeared to impinge on the financial prerogative of the Crown. One of the bills you mentioned was Bill C-280.

I am, therefore, rising on a point of order regarding Bill C-280, An Act to amend the Employment Insurance Act (qualification for and entitlement to benefits).

Without commenting on the merits of the bill, I submit that Bill C-280 contains provisions that would change the purposes of the Employment Insurance Act, which would require new spending and, therefore, would require a royal recommendation.

Bill C-280 would lower the threshold for becoming eligible for employment insurance benefits. The bill would introduce a new benefit rate calculation method of the best 12 weeks in the past 12 months, reduce the qualifying period before receiving benefits and remove the distinctions made in the qualifying period on the basis of the regional unemployment rate.

The Department of Human Resources and Skills Development estimates that the measures contained in Bill C-280 would cost a minimum of $2.3 billion per year.

Precedents demonstrate that the proposed changes in Bill C-280 would require new spending for employment insurance benefits not currently authorized under the Employment Insurance Act.

On March 23, 2007, the Speaker ruled, in the case of Bill C-265, An Act to amend the Employment Insurance Act (qualification for and entitlement to benefits), which is identical to Bill C-280:

...the changes...envisioned by this bill include lowering the threshold for becoming a major attachment claimant to 360 hours, setting benefits payable to 55% of the average weekly insurable earnings during the highest paid 12 weeks of the 12 month period preceding the interruption of earnings, and removing the distinctions made to the qualifying period on the basis of the regional unemployment rate. ...would have the effect of authorizing increased expenditures...in a manner and for purposes not currently authorized.

In the same ruling, the Speaker concluded:

...those provisions of the bill which relate to increasing employment insurance benefits and easing the qualifications required to obtain them would require a royal recommendation.

Bill C-280 is identical to Bill C-265 from the 39th Parliament, which was found to require a royal recommendation. Therefore, I submit that Bill C-280 must also be accompanied by a royal recommendation.

Private Members' Business

[The Speaker, Peter Milliken]

Hon. members will want to hear all about private members' business in this fascinating statement.

At the beginning of the last Parliament on May 31, 2006, as well as at the beginning of the one before that on November 18, 2004, I reminded all hon. members about the procedures governing private members' business and the responsibilities of the Chair in the management of this process. Given that the House is about to take up private members' business for the first time in this Parliament later this afternoon, I would like to make a statement regarding the management of private members' business.

As members know, certain constitutional procedural realities constrain the Speaker and members insofar as legislation is concerned. One procedural principle that I have underscored in a number of statements over the course of the two preceding Parliaments concerns the possibility that certain private member’s bills may require a royal recommendation.

The requirement for a royal recommendation is grounded in constitutional principles found in the Constitution Act, 1867. The language of section 54 of that act is echoed in Standing Order 79(1), which reads:

This House shall not adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to the House by a message from the Governor General in the session in which such vote, resolution, address or bill is proposed.”

Any bill which authorizes the spending of public funds for a new and distinct purpose or effects an appropriation of public funds must be accompanied by a message from the Governor General recommending the expenditure to the House. This message, known formally as the royal recommendation, can only be transmitted to the House by a minister of the Crown.

Such bills may be introduced and considered right up until third reading on the assumption that a royal recommendation could be provided by a minister. If none is produced by the conclusion of the third reading stage, the Speaker is required to stop proceedings and rule the bill out of order.

Following the establishment and replenishment of the order of precedence, the Chair has developed the practice of reviewing items so that the House can be alerted to bills which, at first glance, appear to impinge on the financial prerogative of the Crown. The aim of this practice is to allow members the opportunity to intervene in a timely fashion to present their views about the need for those bills to be accompanied by a royal recommendation.

Accordingly, following the establishment of the order of precedence on February 13, 2009, I wish to draw the attention of the House to five bills that give the Chair some concern as to the spending provisions they contemplate. These are: Bill C-201, An Act to amend the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (deletion of deduction from annuity), standing in the name of the member for Sackville—Eastern Shore; Bill C-241, An Act to amend the Employment Insurance Act (removal of waiting period), standing in the name of the member for Brome—Missisquoi; Bill C-279, An Act to amend the Employment Insurance Act (amounts not included in earnings), standing in the name of the hon. member for Welland; Bill C-280, An Act to amend the Employment Insurance Act (qualification for and entitlement to benefits), standing in the name of the hon. member for Algoma—Manitoulin—Kapuskasing; and Bill C-309, An Act establishing the Economic Development Agency of Canada for the Region of Northern Ontario, standing in the name of the hon. member for Nipissing—Timiskaming.

I would encourage hon. members who would like to make arguments regarding the need for a royal recommendation for any of these bills, or with regard to any other bills now on the order of precedence, to do so at an early opportunity.

I thank all hon. members for their attention to this important ruling.

Employment Insurance Act

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

moved for leave to introduce Bill C-280, An Act to amend the Employment Insurance Act (qualification for and entitlement to benefits).

Mr. Speaker, I would like to thank my hon. colleague from Acadie—Bathurst for seconding the bills I am tabling today.

My first bill that I would like to introduce would be to lower the threshold for becoming a major attachment claimant to 360 hours, make special benefits available to those with that level of insurable employment, set the weekly benefit payable to 55% of the average weekly insurable earnings during the highest paid 12 weeks in the 12 month period preceding the interruption of earnings, reduce the qualifying period before receiving benefits, and remove the distinction made in the qualifying period on the basis of the regional unemployment rate.

(Motions deemed adopted, bill read the first time and printed)