An Act to amend the Bankruptcy and Insolvency Act (termination and severance pay)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

John Rafferty  NDP

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

Status

Third reading (House), as of March 9, 2011
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Bankruptcy and Insolvency Act to ensure that the claim of a clerk, servant, travelling salesperson, labourer or worker who is owed termination and severance pay by a person is secured as of the date of the bankruptcy or receivership by security on the person's current assets.

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.

Votes

March 9, 2011 Passed That Bill C-501, An Act to amend the Bankruptcy and Insolvency Act and other Acts (pension protection), as amended, be concurred in at report stage.
May 26, 2010 Passed That the Bill be now read a second time and referred to the Standing Committee on Industry, Science and Technology.

June 1st, 2021 / 11:05 a.m.
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Michael Powell President, Canadian Federation of Pensioners

Good morning.

My name is Mike Powell. I am the president of the Canadian Federation of Pensioners.

CFP's 23 member organizations advocate directly for over 300,000 defined benefit pensioners, and our allies represent millions more. We support Bill C-253 and the extension of superpriority to pension deficits. This is the simplest solution to meaningfully improve pension protection for Canadian seniors.

In our Canadian regulatory environment, the only single place to protect pensions is within insolvency regulations. This committee and Parliament face a decision between the status quo—which leaves seniors' future financial well-being at risk and perpetuates an unfair system designed to exclude seniors from protecting their own financial interests, an unfair system that has been proven to significantly harm older Canadians—and a new future that offers protection to vulnerable seniors.

I'd like to address five concerns that stakeholders in insolvency may raise.

The first is that lending rates would increase for companies with defined-benefit plans, leading to more insolvencies. This argument was central in 2010 when a similar bill, Bill C-501, was debated. In 2011, though, the pension deficit was ruled a deemed trust by the Court of Appeal for Ontario in the Indalex case. A deemed trust is the highest priority in insolvency, above the superpriority envisioned in Bill C-253. This ruling stood for two years before it was overturned.

It is critical to note that there was no fallout from this decision. The wave of insolvencies of companies with DB plans that was predicted did not occur. Borrowers and lenders made accommodations, and business continued.

The second is that there would be fewer restructurings and more liquidations. This is also an old and flawed argument that would get a failing grade in a first-year business policy course. Envision submitting a paper whose key assumption of your argument was, “Given a significant change in a regulatory environment, business management would not change their critical strategic decisions; therefore, I will use past results without adjustment in my future model.” Along with a failing grade, there would likely be a comment that basing your argument on inept company management is not recommended in policy development.

The third concern is that this would discourage new DB plans and lead companies to close existing plans. The harsh reality is that DB plans have been on the decline for many years, despite actions taken by governments to reduce costs for companies.

The fourth is that other creditors would be disadvantaged. This is based on the false notion that stakeholders are treated equally today. The impact of insolvency is much greater on pensioners than on other creditors. Pensioners lose a significant portion of their income for the rest of their lives; other stakeholders only lose a portion of the money owed them at the time of insolvency, not their entire contract, nor do they face future reductions in revenue due to the insolvency of one of their customers.

There's also a difference of control. The other stakeholders at the insolvency table have all negotiated their financial exposure. They've made conscious decisions to address payment terms, prices, interest rates and contract conditions. Government treats seniors as wards of the state. Pensioners have no ability to control, approve or even influence their financial risk in insolvency. Pensioners are not even ensured a seat at the insolvency table.

The fifth is that changes made in the 2019 budget have levelled the playing field. Pension protection in 2019 is the proverbial bailing of the Titanic with a teacup. You can measure progress, but it won't change the outcome. We need to ask this: Would the changes in budget 2019 have protected the Sears pensioners? The answer is no.

In summary, government has appointed itself as sole guardian of the vulnerable seniors' future financial well-being. Government legislation precludes pensioners from any form of control or even influence over their pensions in insolvency. Bill C-253 addresses this imbalance.

This committee and Parliament are faced with a decision. You know of the real price paid by seniors left in collateral damage in an insolvency. This is fact. You will hear concerns raised by other stakeholders of theoretical harms. This is speculation. The choice is yours to make. Our 300,000 members strongly urge you to stop treating pensions as piggy banks in insolvency and support Bill C-253.

Thank you.

Third ReadingPooled Registered Pension Plans ActGovernment Orders

June 7th, 2012 / 11:20 a.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I am pleased to stand today to speak on this bill. Members will remember Bill C-501 in the last Parliament, my bill to protect workers' pensions in case of bankruptcy. Although it was not successful and the parliamentary session ended before there was a chance to pass it into law, I was very pleased to see a number of Conservatives stand to support Bill C-501. As they did, it was very clear to the government in the last Parliament that something needed to be done about pensions.

This is the government's answer to protecting pensions for all Canadians. As this bill does not guarantee an actual pension, it is best to refer to this as a savings scheme. That would be a better term for it. I will not go into detail about how it is set up, but there are some problems with it and I would like to outline some of those today.

This pooled pension or savings plan would be managed at a profit by financial institutions, banks, insurance companies and trust companies, and by the very nature of it, there will be an administrative cost on the money everybody puts into the plan. There is no regulation in this bill to regulate the costs that could be charged, and I guess the government's reasoning is that, by doing that, the costs will remain low because there will be competition among the institutions.

By the way, I will be sharing my time with the member for Brossard—La Prairie.

Unlike other pension plans we have seen in the past, workplace plans and the like, this particular pooled plan would not require matching contributions from employers. That is problematic in itself. I suppose there would be some provincial regulations put in place when the plan is set up on whether employers would have to be part of it, but in the bill right now there is nothing like that.

The first big problem with the pooled savings scheme is that it is not indexed to any kind of inflation. Workers would be putting their money aside for their retirement, which is a good thing, money would be deducted for administrative costs over the course of 20 or 30 years or however long they are putting money into this plan, and they would not have an opportunity to take advantage of inflation.

In addition to that, the other problem is that they are not really protected. Because it is not indexed, people will not be protected from the vagaries of the marketplace. As we have seen in the last couple of years, people who have been saving for most of their working lives and had RRSPs, which are not unlike this particular plan because they are privately managed by institutions, in many cases saw the value of their RRSPs drop by 25% or 30%. People have come to my office in Thunder Bay and talked about a 35% drop in the value of their RRSPs. Therefore, there is no real protection.

I would suggest to the government that there is another much simpler way to help Canadians save for their retirement, with fewer fees, indexed to inflation, and the money will be guaranteed to be there when they retire. In fact, they will have a pretty good idea of how much they will be receiving when they do retire. That is using the best pension plan we have in this country, which is the CPP. We put money into the CPP now and most Canadians are happy to do that. I see the benefits of that every day when people come to my office and ask me to help them apply for their CPP or CPP disability, OAS, GIS and these sorts of things. It is wonderful that we have this in the country.

However, what we could have done, and what we still can do, instead of a savings scheme like this, is we could open up the CPP. We could open up the CPP so that people could contribute to the CPP over the course of their working life, at a higher rate for example, or people who are self-employed could pay into it, or people could pay on behalf of a spouse who might be a stay-at-home mom or dad. They could pay into this scheme over the next 20 or 30 years.

Let us just say for example that people were allowed to pay double the contributions they are making now. If they did that, they would of course reap the benefits of CPP because right now they get out of CPP what they put into it, so it would still work.

What happens is that we reduce all those fees. I understand that the government is interested in having private business involved in pension plans. I understand where it is coming from that on that. What I am suggesting is that is not the best way to go about doing this.

If someone were to double their contributions to CPP, if they were allowed to do that over the course of their working life, and that kind of change is not going to help people like me who are nearing retirement, but let us just think about the people who are in their 20s and working. Not many people in their 20s think about retirement.

CPP would be a wonderful vehicle for them to start planning for their retirement. If they did that now, then 10 years down the road the benefit would be somewhere in the neighbourhood of about $1,900 a month when they retire. If it were a gradual shift, a gradual increase in contribution, let us say doubling over the next 10 years, that is what is would be worth. I think it is actually $1,920.

Imagine younger workers being able, over the next 10 years, to double their contributions. There can be an assumption, I suppose, that people who are working will have their wages increase over that time. They are not going to take a disposable income hit to make that investment.

If people did that, we would not be caught in a situation, as the government seems to think we would be, where OAS would have to be raised to 67 from 65. It thinks a big crisis is coming. We can avoid all of that kind of talk. We can avoid that situation by simply doubling the CPP over the next 10 years and allowing a wider contribution pool for people to get into it.

It is safe. It is secure. The market does not affect it at all to the same extent as private savings plans, RRSPs for example. We would have a very secure fund.

The other reason I like the CPP, and I am talking about that as the alternative to these pooled savings plans, is of course that the government cannot get its hands on it. I think that is critical. It is an important part of the CPP and how it is managed today.

There is a protected pension fund that is guaranteed to be there. People know what they are going to have. It is a defined benefit plan. We have seen what has happened in the past with defined benefit plans. We have seen what happens when organizations like Nortel go bankrupt and people are left out in the cold.

In the pooled plan, I wonder what is going to happen. First of all employers are not required to put any portion into it. It is simply a savings plan, an RRSP-related kind of savings plan, for people to have for their retirement. My understanding from the bill is that it is portable.

If employers are not required to match or make contributions, and I suppose some will, perhaps with some kind of collective agreement, but what happens if that company goes bankrupt? What happens to that employer's contributions? Are they safe and secure? There are some very serious concerns about this.

From 2008, when I introduced—

Bankruptcy and Insolvency ActRoutine Proceedings

October 27th, 2011 / 10:05 a.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

moved for leave to introduce Bill C-338, An Act to amend the Bankruptcy and Insolvency Act (termination and severance pay).

Mr. Speaker, I am pleased to stand in the House today to introduce my severance protection bill.

As we found out, since 2008 a lot of companies are struggling, which means that a lot of workers and their families are struggling. When companies close their doors, what happens to workers in this country is that their severance pay is unsecured when those bankruptcy proceedings occur.

This is a very simple, straightforward bill with only one clause and it would elevate the status of those payments from unsecured to preferred. My old bill from the last Parliament, Bill C-501, has now been taken over by my friend from Hamilton. I am very glad that the pension part will also be taken care of. This is the severance part.

I want to let everyone in the House know that this is not a political statement. It is a measured and effective proposal that could help workers who are owed money during bankruptcy proceedings. It would do so without disrupting capital markets or negatively affecting the borrowing costs of struggling companies. It would also fulfill a promise that I made to workers from Buchanan Forest Products and others in my riding and, indeed, workers right across this country, that we would protect their severance when their companies go bankrupt.

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

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 4:40 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I welcome the opportunity to speak on this today.

As you know, Mr. Speaker, and as my colleagues in the House know, especially my friend from Peterborough, I like to think the glass is half full. He knows that is true.

I just want to point out to everybody in the House that over the past 18 hours or so the government is no longer referring to this as a strike. It is now referring to it as a lockout. That is a very positive step forward, for that is exactly what it is.

Speaking of that, I had an email from someone who publishes a weekly paper in my riding. He asked why, if the government was going to lock people out, it did not give notice to people like him. That is a very good question. We have had that question in the House a number of times. Why all of a sudden did things get stuck at the post office? Things were not going anywhere. People were upset. It was a hardship for many, including this small business owner in the west end of my riding.

Why did the government not give notice, for example? That is in the spirit of compromise. That is in the spirit of saying that the government may have to do something, so we had better sit at the table and work things out.

Why did the government not do that? I do not know. I told the fellow who owns that weekly paper that I would ask that question today. Perhaps in the question period we will have a chance to do that.

The government's insistence on locking out Canada Post employees and sending them back to work is not just an attack on collective bargaining rights. It is also an attack on young workers and an attack on the retirement security of all Canadians.

I want to talk about what the bill says about imposing new hourly pay guidelines on the workers at Canada Post. It is significantly below Canada Post's last offer, which makes no sense at all. In fact, over the four years of this contract, $35 million will be taken out of the pockets of Canada Post workers and their families. That is important: it is workers and their families. That is $35 million that will not be taxed. That is $35 million that will not be spent in the local economy.

What this boils down to is fairness. That is what we are really talking about today and tomorrow. We talk about the younger workers coming into Canada Post and not getting the same deal, getting partial deals of what the older workers get.

We do not have a two-tier system of rent in this country. We do not have a two-tier system of mortgages. We do not have a two-tier system of going to the grocery store and buying groceries. We do not have a two-tier system of filling up our gas tanks. It is outrageous to say that young workers in our country should be paid less than their older counterparts. It is outrageous. They are doing the same work.

I want to say something about pensions, an important element of this, and about the pension changes that the government is trying to impose on workers at Canada Post. In the last legislative session, pensions and retirement security came to the fore in just about every discussion. Bill C-501, my bill, came to Parliament, was voted on a couple of times, and was passed those times. I know that there is a will on that side of this place to ensure that Canadians have the retirement security they need.

In fact, before the last election, the government was actually warming toward increasing CPP and making CPP better. Then the Minister of Finance said it would hurt the economy. He forgot that we were talking about phasing it in over seven years. We were not talking about some big shock.

The Minister of Finance has also suggested that increasing CPP is administratively difficult. The president and CEO of the CPP investment board, David Denison, has made it clear that there is no administrative impediment to enhancing CPP. In fact it is quite the contrary. He says private plans will cost significantly more for the same benefit.

In 2007 Canadian RRSP holders paid private fund managers $25 billion in fees, fees that we do not have with CPP. CPP is simply the lowest-cost option. If that were enhanced, the kinds of negotiations that go on at Canada Post on retirement security would be made easier and clearer and we could plan for the retirement security of those beginning work in their twenties.

A phased-in CPP is an increase from $960 a month to $1,868 a month over the next seven years. What would that mean to the average earner? For people who make $30,000 a year, every week over the next seven years they would pay $2.27 out of their salary to ensure their CPP doubled. It simply makes sense.

We have heard some stories from business owners and other people. Let me talk about Canadians who are hurting, and I am not going to put any blame here. I will read a couple of passages from emails I have received from northwestern Ontario.

This is from a postal worker and her husband. She says:

Our sick leave provisions are such that a fulltime employee earns 10 hours per month of sick leave credits. This sick leave accumulates until you retire. At that time, any sick leave you have not used is gone. WE ARE NOT PAID OUT!!!

That seems to be a misconception of many people. Their sick leave provisions in their contracts are protecting them in case of long-term disability. She goes on to say:

Well, last August, my husband...was diagnosed with cancer and shortly went off work on sick leave. Fortunately, he had almost a year of sick leave credits. As such, he has been able to still provide for us by receiving a regular pay check. His drug benefits were still active as well. This has been a great comfort for him as he has gone through months of treatments and surgery and made this situation much more tolerable. He could just concentrate on healing. He was hoping to be able to return to work by the end of the year and work a few more years. We still have a mortgage and bills like everyone else. We put three kids through University...

On June 2, 2011, CPC declared that our collective agreement was no longer in force. This resulted in [his] sick leave and benefits being cut off....

Lest people think, from this discussion, that it is small-business owners, seniors and others who are suffering because of this. Many people who work for Canada Post are also suffering. This means that Canadians right across the country are suffering.

Another person writes, “I am 62 years old, a single mother. Nine years ago, I became partially disabled, only working a half shift at Canada Post”. Her son is just coming to the end of university. She is already poor. She is asking why her employer proposes to make her poorer.

Here is one from a woman in my riding. She says, “I'm currently on sick leave after experiencing a heart attack. I also have numerous other related health issues”. All her benefits have been cut off. She continues to say, “After only two days without my insulin, my glucose levels have doubled and I'm experiencing difficulty breathing without my puffers and heart medications”, which she can no longer afford. That is what is happening.

We, on this side of the House, and I am sure many on the other side, believe in free speech, free association and free collective bargaining. This legislation hurts the values that our country stands for and is an attack on the rights of workers and their standard of living. The proper role is for the government to tell its own crown corporation to get back to the bargaining table and negotiate a collective agreement, but first it must unlock the doors.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 24th, 2011 / 2:25 p.m.
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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, first of all, I want to take a moment to wish all Quebeckers, and especially those from my Portneuf—Jacques-Cartier riding, a happy Saint-Jean-Baptiste Day.

This holiday is a special opportunity to spend time with our families, our loved ones, and to celebrate our pride in being a part of the Quebec nation, which has a rich heritage and culture. I especially want to thank the municipalities of Sainte-Brigitte-de-Laval and Saint-Casimir for inviting me to attend their holiday celebrations.

I would have really liked to take part in the activities organized throughout my riding over the last few days, but I absolutely had to be here, in the House of Commons, to support the Canada Post workers with my NDP colleagues who are working very hard. We are working very hard for those people today.

Despite everything that is happening in Quebec, it is very important for me to be here in Ottawa and join the Canada Post workers in defending and retaining their basic rights. Those rights include the right to free association, the right to collective bargaining—which seems to have been forgotten in this case—and the right to safer working conditions and fair wages.

The current situation is utterly deplorable, but we have to remember that this is not a strike, as I heard some of my government colleagues say repeatedly during the night. The workers are instead facing a lockout imposed by Canada Post. This is something we must remember and always keep in mind as we debate this situation. The executives are the ones who made the conscious decision to lock the doors and deprive Canadians of their mail services, despite the fact that these are so essential.

Canada Post workers, even when they were holding rotating strikes, always made sure that Canadians received their government cheques and other important documents. The union even offered to end the strike if Canada Post agreed to let the expired collective agreement stay in effect during the negotiations. To my mind, that was a very obvious sign of good faith.

It is only since Canada Post ordered a lockout that service has been suspended; prior to that, it was not. It is because of this lockout that Canadian individuals and small businesses are not receiving their mail anymore.

Now the Conservative government wants to impose an agreement on Canada Post employees. The Conservative government's special legislation is unacceptable. It is an irresponsible bill that runs counter to the fundamental and inalienable right of workers to negotiate a collective agreement in good faith.

These actions of the Conservative government are depriving both parties of any opportunity to negotiate their own agreement, an agreement they are going to have to live with and work under during the next few years.

In addition, the Conservatives' offer adds insult to injury, as it is worse than what Canada Post had offered workers before the government's useless and unnecessary intrusion. Lower salaries, job insecurity, an attack on their pensions; this is what the Conservatives are offering Canada Post workers. It is a complete disgrace.

Do my Conservative colleagues realize that Canada Post workers deserve better? Improved occupational health and safety, decent salaries and a pension; is that really so much to ask? Apparently so, according to our fine government.

But should the Conservatives' attitude in this matter really surprise us? This is far from the first time that the government has shown such utter contempt toward workers, in particular when it comes to pensions.

In my riding, I do not have to look very hard for a tangible example of the Conservatives' dismissive attitude in recent years. We need only look at what happened to the workers at the AbitibiBowater plant in Donnacona in the spring. Unfortunately, it was announced last spring that the plant would be torn down. As the hon. members are all probably aware, 9,000 pensioners are literally watching their pension benefits disappear before their very eyes because of AbitibiBowater's financial difficulties. Even though their pensions are nothing more than deferred wages, wages that the employer formally agreed to pay them when they retired, in accordance with the terms set out at the time of their hiring, the big bosses at AbitibiBowater have no qualms about dipping into the pension fund whenever it suits their needs.

What have the Conservatives done to help these pensioners? Absolutely nothing. There were calls for help, but nothing was done. To this day, those pensioners are still experiencing problems.

Back then, the hon. member for Thunder Bay—Rainy River introduced Bill C-501, which sought protection for workers' severance and termination pay in the event of a restructuring or corporate bankruptcy, as in AbitibiBowater's case.

In short, Bill C-501 would have given pension funds, as well as severance pay and termination pay benefits, secured creditor status, making them a priority in the event of a bankruptcy. Employers would have lost the ability to choose to reimburse all subcontractors before paying their own employees their deferred wages, as companies should have always done from the outset.

Despite lingering in the House for some time, being debated and seemingly receiving approval, the bill was ultimately defeated by the Conservatives, of course. Shame!

The Conservatives are clearly turning their backs on Canadian workers. Last spring, it was the Donnacona retirees who suffered because of the Conservatives' indifference and contempt. Today, it is the Canada Post workers who are suffering. Who will be next? Which group of workers will the Conservative government try to impose similar working conditions on next? Who will the government try to control once this special legislation has been passed? Everyone is in trouble. Make no mistake. It could happen to anyone, to any group of workers. We need to be very wary.

Personally, I am disturbed by the Conservatives' current attitude. I think that many of my colleagues and fellow citizens from across the country share that sentiment. I am worried about the future of workers' rights when faced with pressure from an employer.

The government's reckless actions are a direct attack on Canada's labour organizations and only serve to reinforce my belief that we need unions that are dedicated to defending the rights of citizens who, like us, work tirelessly to improve their communities. I do not feel that members on the other side of the House are ready to stand up to defend workers' rights as all of my colleagues did throughout the night last night, and as we will continue to do throughout the coming days.

As you know, unions have fought for many years to ensure that our children can go to school instead of having to work in factories, that the salaries workers receive are fair and just, and that workers have safe working conditions.

Very important rights were won through many fierce battles, and these rights include the right to negotiate as equals and in good faith with their employers in order to establish a collective agreement that works for everyone.

It is high time that the government stop eroding the rights of Canada Post workers by interfering so brutally in the collective bargaining process. The government must stop continually siding with management, and it must take concrete action to ensure that the conflict is resolved quickly and satisfactorily. The government has the authority to demand that the lockout cease and that the two parties return to the negotiating table.

Canada Post workers are ready to return to work. They know that they provide an essential service to Canadians and they are aware of their responsibilities and importance in their communities.

All they are asking for is to return to work with dignity and that their request be heard and respected. It is a very small request in the current circumstances. It is high time to end the lockout. We must respect the right of workers to collective bargaining by ending the lockout that prevents the workers from exercising their rights.

Opposition Motion--Seniors' PovertyBusiness of SupplyGovernment Orders

June 20th, 2011 / 4:55 p.m.
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Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, as we debate the issue within the House, I first want to thank my colleagues for giving me this opportunity. I also thank the preceding speakers. One of the benefits of talking later in the day is the opportunity to collect bits of information from everybody and then try to articulate as best we can.

I have heard some of the debates. I have heard some very off-the-wall comments, certainly about seniors' poverty. I have also heard some comments that deal with topics other than seniors and poverty, as we sometimes get off track here and start talking about those typical lines we use. It seems like some people are still in campaign mode. Nonetheless, it makes the issue very important.

Everybody has that one essential story, or maybe two or three stories, that encapsulates what it is we try to do here, that we ensure that in a country as great as this, the most vulnerable in society do not slip through the cracks. We want to ensure that those people we identify as completely impoverished do not fall through the system, although we know people do. We see them everyday in our positions, whether we are in the bureaucracy or we are in elected office on any of the three levels. Therefore, we come to the House and bring these stories with us. I am glad to hear a lot of those stories coming out today. That is why I congratulate the preceding speakers.

The motion states:

That, in the opinion of the House, ending seniors' poverty in Canada is fiscally feasible, and, therefore, the House calls on the government to take immediate steps to increase the Guaranteed Income supplement sufficiently to achieve that goal.

To lift the vulnerable of our seniors out of poverty requires the payment that is strategically invested in the GIS, that guaranteed income supplement. It is a wonderful piece of machinery, the third pillar of seniors' pay that is so essential across the country. We have the old age security, the Canada pension plan and now the guaranteed income supplement.

Back in 2005, when I had been elected for only about a year at that point, I remember one of the initiatives we put in place was a strategy for a home heating energy rebate. A lot of people forget that. I have tried to push the government into reconsidering bringing that back. It was in January and it was a heating rebate that was given to recipients of the GIS. For many of the people in my area, and certainly across the country, it allowed people to get over the hump of Christmas and the holiday season, when heating bills are the highest, whether it be through hydro, wood, oil or natural gas.

This is the type of strategic measure that interests me the most because it is one of those initiatives that allows the people who are most vulnerable to stay within their means and in their own homes.

Earlier today, I was talking about a charity that was set up in Toronto and it is called “Share the Warmth”. It is a fantastic little charity that provides energy credits for the most vulnerable to avoid homelessness. One of the things it stated was that over the years, the median age of the recipient was getting much higher, say from the 1980s through the 1990s and into this decade.

The baby boomer surge that is running through the system is now making its presence felt here, even in this debate as we talk about the guaranteed income supplement. However, the issue is all the facets of government investing into bringing people out of poverty. The energy rebate is just one. The guaranteed income supplement that seems to be the king we are dealing with is the one measure that is most talked about. It is the one measure that got most of the attention during the campaign simply because it was the one that was most desirable.

Interestingly enough, sometimes when we debate, we get caught up into the minutiae of the language we use. I noticed earlier that, if I am not mistaken and a simple nod from the opposite will suffice, I believe those members are supporting this motion.

However, one of the things the motion says is “ending seniors' poverty is fiscally feasible and therefore, the House calls on the government to take immediate steps to increase the guaranteed income supplement”. The Conservatives are agreeing with it because they feel they have just gone through this measure.

However, the problem is that every study we have seen puts that dollar value to lift all seniors out of the poverty level at $700 million, at least. What we witnessed in the budget was less than half of that, which leads us to believe one of two things. First is denial. Second is there is more money coming. I like to think the second option is coming, but I really have my doubts.

I want to congratulate the mover of this motion. This is certainly a good time to have this debate, given the fact that we are now into, as I mentioned earlier, the area of our population growth that is burgeoning, around that age level between 60 and upwards towards 80.

I want to go back to couple of other issues. Two years ago I brought a private member's bill to the House. What I noticed was a lot of seniors were very worried, not just about the amount of money that was available, but their ability to budget.

I spoke to a group in Newfoundland and Labrador. It was the umbrella organization for all the seniors' groups. We had a very interesting meeting about the things that seniors needed, those certain measures, those small investments that would make a big difference in the lives of a seniors.

They talked about new horizons, educating them for computer training, allowing them to download pictures of the grandkids, allowing them to take the bus, discounts, whether it be tax credits or not, but discounts were a big one, and payment of utilities. For instance, if people lose a connection to the basic utilities, the reconnection fee is incredibly expensive. Therefore, seniors were looking for major discounts or even a wiping out of the reconnection fees for those who had reached a certain age. I thought that was a great idea, and it is something with which the government could get involved.

The other issue was that every senior, whether he or she was receiving CPP, old age security or guaranteed income supplement, gets paid once a month. Seniors told me that without an increase, they would like to have the option of bi-weekly payments.

We brought in a private member's bill. Now I have heard the government does not support that as of today. I hope, at some point down the road, it will support it. This is one of the greatest listening exercises that we can engage in, and that is with the most vulnerable in society and certainly for seniors who are most vulnerable.

In my riding of 193 communities, the median age is around 56. Therefore, to say that this issue means a lot to me in my position is probably the understatement of the day, certainly by me.

I think about the people in my riding and about all that I have gone through, all that I have seen, all that I have witnessed. People are in desperate need and do not know where to go. We have become the place, whether it is at the federal level or the provincial level, where the most desperate come to, yet we are locked into these departments and these payment programs. We cannot do anything because we would have to change the legislation.

A lot of the seniors in my area are turning to the churches as an act of desperation. To be quite honest, the churches are doing good work to ensure these people are connected to the avenues by which they are able to receive help. I have been here seven years and in the past four years the churches in my area, the Salvation Army, the catholic church and the Pentecostal assemblies, have been on the forefront of providing the most basic assistance.

What is wrong with that picture? The picture shows that we need to get out there more. We need to have a debate that is germane to the situation, something that is relevant, something that is tangible to the most vulnerable seniors.

If there is one thing I noticed in the past while, it is we just have not become tangible to seniors as a place for help, assistance and information. However, at least with motions like this, we can go a long way to alleviating that.

I hope that through programs like the GIS, CPP and OAS we will be able to do a lot more, but the very basic issue is that $700 million investment to bring that large bulk of people out of the poverty level. That is what has been agreed upon, but for some reason we get caught up in the argument of whether that is enough or this is enough, if this is the right number and that is not. I have heard many people say that the money is not available so therefore we have to be more prudent.

That was last year's excuse. This year all of a sudden it becomes a good thing to do. I heard many government members today say that we just had an election which therefore delayed the payment of the $300 million. If the $300 million meant so much to the government today or before the election, why did it not do this four years ago?

The Conservatives have been in power since 2006. There was a time when there was no recession. When they came into power in 2006 I remember quite well that we were flush with a surplus. We were able to forecast surpluses out for a good six or seven years. Then things turned south. Yet at the time just before the recession hit that $300 million was never mentioned.

At least all members of the House have pushed the point. I will not be specific to any particular party, but we feel the need for raising our most vulnerable out of the poverty level as I mentioned earlier.

Just poring over some of the facts when we talk about pension plans, two years ago the largest employer in my riding at the time was AbitibiBowater, a mill that existed for over 100 years. It had what was called the direct benefit plan. Quite frankly, with the closure of the mill last year, that plan is sustaining a large part of the community in which I live. That is right. That DB plan that people villainized is sustaining communities as we speak. Would a direct contribution plan do that much for the most vulnerable communities? There is not a chance.

The world is changing. Finances are changing. Companies are moving away from this. We cannot legislate them to go back. Nonetheless, as government, we have that responsibility to step in and give people choices.

In that particular situation, the solvency ratio was poor with AbitibiBowater. Two years ago it was at 71%. Trouble was ahead. Had it closed out, wound up that account, people would have ended up with 71% of their pension, which still was only a fraction of what they were earning when they were working full-time. It would have been devastating. It has rebounded somewhat, but what can we do to fix that?

We can make better laws. One of my colleagues in the NDP brought in Bill C-501, An Act to amend the Bankruptcy and Insolvency Act (termination and severance pay). The bill itself had some problems, but it had a great principle in mind, which was that the most vulnerable should line up to get attention first.

The companies pay a whole assortment of people when they finish, yet the most vulnerable always end up on the bottom part of that formula. We have to work to get that the other way around and we can do that with the right discussion, the right debate and the right legislation. It is time for all members in the House, from whatever party colour one wishes to put out there, it is a decent debate to be had. The most vulnerable would be the recipients of what it is we are paid to do, which is to discuss, debate and enact.

Some of the statistics we heard earlier today are that upwards of over 70% of the people do not have a pension outside of what is guaranteed through the old age security and the guaranteed income supplement. It is a staggering figure.

One of the issues that I brought up earlier, which we brought up during the campaign and one that I think is a good idea was discussed ad nauseam in Great Britain about a decade ago. It is called a supplementary CPP.

It is the component of a voluntary payment to top up people's CPP to allow them to receive greater payments once they reach the age of 65, or 60, if they choose to do so.

However, the one element of that supplemental CPP that I thought was very important in the changing dynamics of this world, of this country and of our communities, is the fact that it was a portable mechanism for taking a pension that is not vested into one entity, not one company, but people could take it with them as they travelled throughout their working career. No matter what company people went with they could take this pension they have invested in and move it with them.

When I fly back and forth from Newfoundland to Ottawa, there are a tremendous amount of people I see each and every week, or biweekly, who go to the oil fields, primarily in Alberta, some in Saskatchewan. I worry. They make good salaries, but where they do invest for their future, for their retirement? It is all over the place, I am not really sure and I am very worried about it. If we do not worry about these things, we will find that our children and grandchildren will have to deal with that discrepancy much like we are dealing with now.

Will direct benefit plans exist at that point? I really have my doubts. As much as I do not want to say it, it looks like it just might happen that way, given the current trends toward direct contribution. I have no great qualms with RRSPs, RRIFs and these type of investments, but the issue is that it does not always provide that steady income that we think it is going to provide.

I would implore anyone to see a financial advisor. I have never been an insurance salesman and I am not the one to advocate for the industry, but I have talked to financial advisors and they provide good advice. However, not everybody does that. So, we have GIS and old age security. That is the backdrop, that is the very backbone by which people have to survive if they have nothing else to rely on.

Why can we not provide that bar, why can we not reach the bar that was set to bring everybody, virtually all these people, out of the poverty level? That is what the $700 million is about. It is not just a round number that is pulled out of the air, as was insinuated by some people in the House. It is a number that represents the greatest investment in impoverished seniors in this country probably in the last 50 years, because we have that responsibility. It does not matter if people line themselves up with a particular ideology. We have to admit that if people are poor, if they are vulnerable and if they are desperate, where is their ideology then? It means absolutely nothing. If that happens, if more people fall below that line, then we, as parliamentarians, squandered a fantastic opportunity to invest in the most vulnerable. As members will recall, the most vulnerable of seniors invested in us many years ago.

How many people in this House can actually say that they are here inspired by our seniors today? Everyone can. Who cannot? No matter whether they are uncles, aunts, mothers, fathers, grandparents, friends, next-door neighbours. Do we not owe them, at the very least, an investment in the basic income support of that $700 million, not $100 million, not $300 million, but $700 million? That is the story behind this $700 million investment. That is why I support this motion. That is why we need to have more debates on motions just like this.

March 24th, 2011 / 4:50 p.m.
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Conservative

Mike Wallace Conservative Burlington, ON

I'll be very quick, Mr. Chair.

I just want to ask my Bloc friends who spoke earlier what their response would have been on Bill C-501, which we just dealt with here at this committee. There were 14 clauses, I think, or 15 clauses, and two that you agreed with. Because we were able to go clause by clause, you were able to support two clauses in that private member's bill and you were able, with us, to defeat other clauses.

I want the same right: to be able to make the arguments for this bill. Why are you denying me that right, the same right that you had two weeks ago on Bill C-501? I think it's only fair that we go clause by clause.

Thank you. I'm on the record for that.

Oral QuestionsPoints of OrderOral Questions

March 10th, 2011 / 3:15 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I rise on an issue arising out of question period today.

A government member asked the Minister of Industry a question and I was very disappointed with his answer. On top of that, I believe the Minister of Industry misled the House with his answer when he neglected to say that Bill C-501 would protect every worker in this country.

I believe the Minister of Industry should be making an apology to workers right across Canada. In fact, he should be apologizing to the people who worked for Buchanan Forest Products in my riding, many of whom received no severance pay, no termination pay, pensions or anything of the kind.

If you look at the blues, Mr. Speaker, you will find that his answer was purely intended to mislead the House and Canadians.

PensionsOral Questions

March 10th, 2011 / 3 p.m.
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Parry Sound—Muskoka Ontario

Conservative

Tony Clement ConservativeMinister of Industry

Mr. Speaker, of course, last night the Liberal-NDP-Bloc coalition ganged up again and supported en masse Bill C-501 that would ensure, and listen to this closely, folks, that CEOs and their friends get a larger share of the remaining assets while workers are left with little or nothing.

As a government, we have implemented the wage earner protection program to protect workers' severance and termination pay. But that is what they have been working on, this multi-million dollar severance plan for their CEO friends. That is what they work on when they are not trying to engineer—

Bankruptcy and Insolvency ActPrivate Members' Business

March 9th, 2011 / 6:25 p.m.
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Conservative

The Deputy Speaker Conservative Andrew Scheer

The House will now proceed to the taking of the deferred recorded division on the motion for concurrence at report stage of Bill C-501, under private members' business.

The House resumed from March 4 consideration of the motion that Bill C-501, An Act to amend the Bankruptcy and Insolvency Act (termination and severance pay), as reported (with amendment) from the committee, be concurred in.

PensionsPetitionsRoutine Proceedings

March 9th, 2011 / 3:20 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I rise today to present a petition signed by hundreds and maybe thousands of Canadians right across the country.

The petitioners are calling on the government to affirm that pension benefits are in fact deferred wages, to elevate defined pension benefit plans to secured status in the Bankruptcy and Insolvency Act and in the Canadian Creditors Protection Act, and to pass into law any legislation before it that will achieve these objectives.

I will remind the House that Bill C-501 is a related piece of legislation that is coming up for a vote today.

PensionsPetitionsRoutine Proceedings

March 7th, 2011 / 3:15 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I rise today with two petitions to present.

The petitioners call upon Parliament to affirm that pension benefits are in fact deferred wages, to elevate defined benefit pension plans to secured status under the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act, and to pass into law any legislation before it that would achieve these objectives. This petition is signed by hundreds, and perhaps even thousands, of Canadians.

I remind those present here today that these petitioners and millions of other Canadians across Canada will be watching very closely this coming Wednesday when Bill C-501 comes before the House for a vote at report stage.

The House proceeded to the consideration of Bill C-501, An Act to amend the Bankruptcy and Insolvency Act and other Acts (pension protection), as reported (with amendments) from the committee.

Industry, Science and TechnologyCommittees of the HouseRoutine Proceedings

March 1st, 2011 / 10:05 a.m.
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Conservative

David Sweet Conservative Ancaster—Dundas—Flamborough—Westdale, ON

Mr. Speaker, I have the honour to present, in both official languages, the 14th report of the Standing Committee on Industry, Science and Technology.

In accordance with its order of reference of Wednesday, May 26, 2010, your committee has considered Bill C-501, An Act to amend the Bankruptcy and Insolvency Act and other Acts (pension protection), and agreed on Tuesday, February 15, 2011 to report it with amendments.