An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave)

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

France Bonsant  Bloc

Introduced as a private member’s bill. (These don’t often become law.)

Status

Third reading (House), as of Feb. 16, 2011
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Canada Labour Code to allow employees to take unpaid leave from work for the following family-related reasons:
(a) the inability of their minor child to carry on regular activities because the child suffers a serious physical injury during the commission or as the direct result of a criminal offence;
(b) the disappearance of their minor child;
(c) the suicide of their spouse, common-law partner or child; or
(d) the death of their spouse, common-law partner or child during the commission or as the direct result of a criminal offence.
It also amends the Employment Insurance Act to allow these employees to receive benefits while on leave.

Similar bills

C-376 (41st Parliament, 2nd session) An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave)
C-376 (41st Parliament, 1st session) An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave)
C-343 (40th Parliament, 2nd session) An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave)
C-550 (39th Parliament, 2nd session) An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from 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-343s:

C-343 (2023) Canada-Taiwan Relations Framework Act
C-343 (2017) Act respecting the Federal Ombudsman for Victims of Criminal Acts
C-343 (2013) Cell Phone Freedom Act
C-343 (2011) Cell Phone Freedom Act

Votes

Feb. 16, 2011 Passed That Bill C-343, An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave), be concurred in at report stage.
April 28, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I congratulate the member on Bill C-343. I think it is an excellent bill and our caucus will be supporting it.

I find it rather interesting that the government would be trying to kill the bill through the route of the royal recommendation challenge. The government pretends to be supportive of the victims, but that is what the bill is all about. The bill is all about supporting victims and here we have a government at the first opportunity to actually do something for victims trying to kill the bill.

The bill would amend the Canada Labour Code to allow employees to take unpaid leave from work for family-related reasons, one of which would be the inability of their minor child to carry on regular activities because the child suffers a serious physical injury during the commission or as a direct result of a criminal offence. There are three other instances where they would qualify for this.

The government has costed it already. It says that it is going to cost $340 million to $410 million. I would like to know how it comes up with figures like that--

France Bonsant Bloc Compton—Stanstead, QC

Mr. Speaker, I am going to explain things.

Today, I am very proud to introduce Bill C-343, An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave), at second reading.

This bill would amend the Canada Labour Code to allow employees to take unpaid leave from work for a period of 52 to 104 weeks for the following family-related reasons: the inability of their minor child to carry on regular activities because the child suffers a serious physical injury during the commission or as the direct result of a criminal offence; the disappearance of their minor child; the suicide of their spouse, common-law partner or child; or the death of their spouse, common-law partner or child during the commission or as the direct result of a criminal offence. This bill also amends the Employment Insurance Act to allow these employees to receive benefits for up to 52 weeks instead of the 15 weeks currently provided for sickness benefits.

In December 2007, the Quebec National Assembly showed the way by passing Bill 58, which allows employees and their families who were the victims of a criminal act or who are mourning a suicide or have a missing child to take unpaid leave and keep their jobs for a period of up to 104 weeks.

Unfortunately, the current federal legislation results in discrimination against people whose jobs fall under the Canada Labour Code. Since these people do not have their jobs guaranteed, they can take only 15 weeks of sick leave. The failure of the federal legislators to act in this regard has created two categories of workers: those who can get through difficult times with their jobs intact and those who are forced to choose between losing their jobs and returning quickly to work.

Although it is good that people can take some time off and return to the same kind of job, the result will be the same if they do not have enough income to meet their needs: they will have no other choice than to return quickly to work. In the view of the Bloc Québécois, which has always been very concerned about victims and their families, the federal government should immediately follow Quebec's lead for a number of reasons.

First of all, we know very well that suicide, violent crimes and disappearances are tragic events that are very difficult for the families of the victims. These events cause great psychological distress for many relatives and parents. The victims’ families wait and worry, mourn and frequently feel depressed, often over extended periods of time. In cases of murders and disappearances in particular, more than two years can pass between the criminal act and the resolution of the investigation.

During this period, family members are deeply affected and cannot pursue their regular activities. They need support, help and understanding and most importantly, no additional worries as a result of their financial situation. It is terrible to think that, at present, these people are left to their fate and have to keep working during this period as if nothing had happened because they have to meet their family’s needs like everyone else. These people need time to get over such difficult events and gradually rejoin the work force at their own pace.

Quebec has unfortunately been shaken, over the last few years, by a number of murders and disappearances. I am thinking in particular of Cédrika Provencher, Nancy Michaud, Alexandre Livernoche, Julie Surprenant, Julie Boisvenu, Jolène Riendeau and, just recently, Natasha Cournoyer. I could also mention, in this commemorative week, the 14 victims of the shootings at the École Polytechnique, as well as the shootings at Dawson College, in which young Anastasia de Sousa lost her life. In my own riding of Compton—Stanstead, Isabelle Bolduc was sexually assaulted and murdered in 1996. I have named only a few of the cases, but I am fighting today for the parents, relatives and friends of all these families.

After all, are the victims’ families not also victimized by the anguish, despair and other repercussions they suffer as a result of the violent act? When people are mourning a disappearance, a homicide or a suicide, it takes longer and is more complex than other kinds of mourning, especially when rape or violence was involved. There are greater feelings of frustration, anger and powerlessness, even more so when the death was caused by a criminal or by the victim himself or herself.

Parallel to these events, several citizens' initiatives arose out of the sense of solidarity felt by the families. For example, the Quebec families affected by these tragedies came together in 2004 to form the Murdered or Missing Person’s Families’ Association, which is a Quebec organization that comes to the aid of victims’ families. When our bill was introduced at first reading, the MMPFA strongly supported it. The members of this association work very hard to support the families and are convinced that the families should be able to face these crises in their lives without any financial worries hanging over their hands.

From the start of the session, this government has said again and again that we have to be tough on crime. For the Conservative Reform Party, law and order is a government priority. They loudly proclaim that they are thinking of the well-being of the population and its security by getting tough on crime. However, criminals now have more rights and get more attention than the victims' families, who have no legal recourse. Measures adopted in recent months concerning prison sentences focus on just one aspect of these tragedies. Victims' families and spouses are not taken care of and are all too often forgotten. Therefore, it is not enough to fill our prisons. We must give tangible support to the families affected by these tragedies.

In recognition of this fact, some members of the Conservative government have stated their support for victims' families. The member for Thornhill said, “It would be nice if all of the opposition parties showed as much concern and compassion for the lives of victims and their families as they do for the perpetrators.” Also, the Minister of Justice and Attorney General of Canada as well as the Minister of Public Safety made an official commitment in April 2009 to support victims' families. I will quote the Minister of Public Safety:

This Government recognizes that crime places a heavy toll on individual victims, their families, communities and society-at-large. Supporting victims takes a collaborative effort, and this Government is committed to continuing to work with our partners to help victims of crime...

This government even established the annual National Victims of Crime Awareness Week in 2005 and organizes symposiums on that occasion. Such events are not enough. If the Conservative government is consistent, it will not hesitate to support this bill and will transform its words into concrete action for families. As they say; put your money where your mouth is.

Moreover, any members of this House who are opposed to this bill will no doubt say that these new measures will cost the government too much money because they extend employment insurance benefits from 15 to 52 weeks. Fortunately, though, these sorts of tragic events that would require 52 weeks of benefits do not occur frequently. By the same token, not many people would become eligible for employment insurance with the passage of this bill. We can assume that a certain portion of the eligible population is unlikely to experience a drop in income and that some people would want to go back to work after a time in order to resume a normal life. In addition, a certain portion of the population does not work, is not covered by EI or does not work enough hours to qualify for benefits.

Because of these various factors, our estimates put the total cost at roughly $50 million a year. A lawyer told me that when you want to get an answer to a question, you have to find the answer before asking the question. This is a minimal expense considering the annual federal budget, a mere drop in the ocean. Employment insurance is sufficiently well funded by workers to enable families who suffer such a traumatic event to receive benefits.

Considering the $56 billion surplus in the employment insurance fund, it is even clearer that this bill would not cost much. If this government is really concerned about victims and their families, it will not hesitate one second to vote for this bill. But if it votes against the bill, the public will rightly see that as indicative of the government's total indifference to victims' families and will remember that for a long time to come.

In closing, I want to address all the families of victims of crime or suicide and tell them that the Bloc Québécois and I will work very hard so that this bill receives the support of a majority of members of this House. I dare to hope that if the members here are moved by the fate of victims and their families, they will rise with pride to vote for Bill C-343.

I went into politics to make a difference, and I sincerely believe that these measures will provide valuable help for families that badly need it. I therefore call on all my colleagues in this House to walk the talk. The well-being of crime victims' families depends on it.

December 10th, 2009 / 6:40 p.m.


See context

Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I rise on a point of order. On November 6, the Speaker made a statement with respect to the management of private members' business. In particular, the Speaker raised concerns about Bill C-343, An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave), which in the Speaker's view appeared to impinge on the financial prerogative of the Crown.

Without commenting on the merits of the bill, I submit that Bill C-343 would add a new purpose to the Employment Insurance Act which would require new spending and therefore would require a royal recommendation.

Let me explain how the bill would require new spending.

Bill C-343 would amend the Canada Labour Code to allow employees to take unpaid leave from work for four family related reasons: first, the inability of their minor child to carry on regular activities because the child suffers a serious physical injury as a result of a criminal offence; second, the disappearance of their minor child; third, the suicide of their spouse, common-law partner or child; or fourth, the death of their spouse, common-law partner or child as a direct result of a criminal offence.

Bill C-343 would then change the Employment Insurance Act to allow all EI eligible employees to receive up to 52 weeks of EI benefits when they took the proposed new family leave under the Canada Labour Code. As a result, the EI benefit contemplated in Bill C-343 would add a new purpose that is not currently authorized in the Employment Insurance Act, which would require new government spending.

The Department of Human Resources and Skills Development estimates that Bill C-343 would cost the government between $340 million and $410 million per year, depending on the level of criminal activity in the country. Precedents demonstrate that legislation for new spending for EI benefits not currently authorized under the Employment Insurance Act require a royal recommendation.

On November 6, 2006, the Speaker ruled in the case of Bill C-269, An Act to amend the Employment Insurance Act (improvement of the employment insurance system) that “Bill C-269...extends coverage of the employment insurance plan to the self-employed. New purposes must be accompanied by a new royal recommendation. I must rule that...Bill C-269 requires a royal recommendation”.

Bill C-343 would add a new purpose to the Employment Insurance Act, which is not currently authorized and should therefore be accompanied by a royal recommendation.

France Bonsant Bloc Compton—Stanstead, QC

moved that Bill C-343, An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave), be read the second time and referred to a committee.

Private Members' BusinessRoutine Proceedings

November 6th, 2009 / 12:15 p.m.


See context

The Speaker Peter Milliken

The Chair would like to take a brief moment to provide some information to the House regarding the management of private members' business.

As members know, after the Order of Precedence is replenished, the Chair reviews the new items so as to alert the House to bills which at first glance appear to impinge on the financial prerogative of the Crown. This allows 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 November 2 replenishment of the order of precedence with 15 new items, I wish to inform the House that Bill C-343, An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave), standing in the name of the member for Compton—Stanstead, gives the Chair some concern as to the spending provisions it contemplates. I would encourage hon. members who would like to make arguments regarding the need for a royal recommendation to accompany this bill, or any of the other bills now on the order of precedence, to do so at an early opportunity.

I thank the House for its attention.

National Victims of Crime Awareness WeekStatements By Members

April 27th, 2009 / 2:10 p.m.


See context

Bloc

Johanne Deschamps Bloc Laurentides—Labelle, QC

Mr. Speaker, National Victims of Crime Awareness Week runs from April 26 to May 2 this year. It is a time to reflect on victims' issues and the programs and measures that are in place to help their families and friends.

That is why I would like to take this opportunity to call on all the members of this House to support Bloc Québécois Bill C-343. Like the legislation already in force in Quebec, this bill would amend the Canada Labour Code so that relatives of victims of crime could receive financial support for up to 52 weeks, which would give them time to work through their grief and get on with their lives.

If passed, this initiative, which is supported by the Murdered or Missing Persons' Families' Association of Quebec and its chair, Pierre-Hugues Boisvenu, would provide an opportunity for this government to set aside political partisanship and show sensitivity, compassion and solidarity towards the friends and families of these victims.

Canada Labour CodeRoutine Proceedings

March 25th, 2009 / 3:10 p.m.


See context

Bloc

France Bonsant Bloc Compton—Stanstead, QC

moved for leave to introduce Bill C-343, An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave).

Mr. Speaker, I have the honour to introduce this bill at first reading. This bill would amend the Canada Labour Code to allow employees to take unpaid leave from work for the following family-related reasons: the inability of their minor child to carry on regular activities because the child suffers a serious physical injury during the commission or as the direct result of a criminal offence; the disappearance of their minor child; the suicide of their spouse, common-law partner or child; or the death of their spouse, common-law partner or child during the commission or as the direct result of a criminal offence.

It would also amend the Employment Insurance Act to allow these employees to receive benefits while on leave.

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