Bill C-343 (Historical)

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

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.

[Tom Lukiwski, Conservative, Parliamentary 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' Business

[The Speaker, Liberal, 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 Week

[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 Code

[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)