Bill C-291 (Historical)

An Act to amend the Employment Insurance Act (waiting period and maximum special benefits)

This enactment amends the Employment Insurance Act to extend the maximum period for which special benefits for illness, injury or quarantine may be paid from 15 weeks to 50 weeks. It also eliminates the two-week waiting period when special benefits for illness, injury or quarantine are paid.

Employment Insurance Act

[Claude Patry, NDP, Jonquière—Alma, QC]

Madam Speaker, I am addressing my dear colleagues today to urge them to support Bill C-291, which would create an employment insurance system that is fairer and more just for Canadian workers.

This bill would amend the Employment Insurance Act to extend the maximum period for which special benefits for illness, injury or quarantine may be paid from 15 weeks to 50 weeks. It would also eliminate the two-week waiting period in these specific cases.

As members of Parliament, we all aspire to improve the economic situation of workers, and as we work to that end we are confronted every day with new and bigger challenges in the House of Commons and in committee. However, before we look at new issues or new studies, is it not time we reviewed what is no longer working and what should be modernized? Before offering generous tax cuts to the richest among us, is it not time we took care of families, workers with no job security and the disadvantaged members of society?

When it comes to special illness benefits, the Employment Insurance Act has not been amended since 1971. So it is not surprising that it no longer meets people's real needs today. It must be amended to adapt to Canadians' realities, which have changed since 1971.

Some members may be having déjà vu with this bill. I will admit that this is not the first time it has been introduced in the House of Commons. The NDP has always called for a fair and modern employment insurance system that is adapted to Canadian workers' needs. Furthermore, we want to abolish the two-week waiting period. I should point out that this measure was in the NDP's platform for the May 2, 2011, election. Eliminating the waiting period in the case of special illness benefits is a step in the right direction.

We cannot simply blame the Liberals for dipping into the employment insurance fund, which had a $57 billion surplus, nor can we fault them for not fixing things when they were in power. What we must do is support what they are currently proposing, since they are actually adopting the NDP's position on employment insurance. Above all, we must think about the most vulnerable members of society and leave partisan politics to our adversaries.

We must not forget that when it comes to employment insurance, we are talking about money that belongs to the workers and the employers and not to the government. We have to remember that the Conservatives refused to return that money to the EI fund and chose instead to create the Canada Employment Insurance Financing Board, whose objective is to limit the account surplus to $2 billion.

The account is currently running a deficit. The Conservatives should use all or at least most of the surplus to improve special illness benefits. It is time the Conservatives realized that the money in the employment insurance fund does not belong to them. They have to manage that money to meet the needs of the public.

I want to take a minute to talk about the case of Marie-Hélène Dubé, a young, 40-year-old mother dealing with her third bout of cancer in five years. She circulated a petition to extend the period of employment insurance benefits payable in the case of illness. To date, she has collected almost half a million signatures. Ms. Dubé even appeared on the popular television program Tout le monde en parle last March.

What is more, the NDP has publicly supported her initiative on several occasions. It is important to underscore her determination and the strength of her commitment. For this courageous woman and for everyone suffering from a serious illness, I ask that you to vote in favour of the bill, in the name of solidarity and compassion, but especially in the name of common sense.

Only 15 weeks of benefits to recover from an injury or a serious illness is simply not enough. We want to alleviate the financial burden for people affected by an illness or a serious injury so that they can focus on healing without having to worry about how they are going to pay their bills, pay their rent or feed their children.

The Conservatives are quite simply out of touch with reality.

Unfortunately, what they say is not what they do. They say they want to help the economy and cut useless programs, but they are harming families and reducing the present and future purchasing power of workers who are struggling with health problems that are often temporary. I will say it again: taxpayers' money should go back to the people.

In 2008, when the Canada Employment Insurance Financing Board was created by the Conservative government, the Canadian Chamber of Commerce, the Canadian Labour Congress, the Canadian Federation of Independent Business and the Canadian Institute of Actuaries stated that the employment insurance operating account needed a surplus of at least $15 billion to ensure healthy management of the program.

This surplus would have absorbed the effects of the economic crisis and could have funded the modernization of the system, including extending the number of weeks of special leave. The Conservative government had the opportunity to fix the employment insurance program in 2008 and, against the advice of experts, it chose not to.

The size of Ms. Dubé's petition, which I spoke of earlier, is proof positive that Canadians want a more human employment insurance system. Instead of wasting taxpayers' money as their predecessors did, the Conservative government should bow to the will of the people. If it wants to be seen as a defender of the economy, it needs to start by really looking at the situation and putting the money back into the employment insurance fund so that the system can finally be modernized.

A vote for Bill C-291 is a vote for workers and their families, for the most vulnerable in our society. Please, vote for common sense.

Cancer is not the only disease. There are other long-term illnesses, such as cardiovascular disease and kidney disease. Treatment for breast cancer lasts 38 weeks. After 15 weeks, how can anyone be expected to recover and go back to work? I have documents here that prove that people do not have time to heal; they have not finished their treatment and yet they have to go back to work. Some people have even lost their jobs because their employers could not accommodate them. A large portion of workers in Canada are not unionized and the only means they have for getting treatment and having an income is employment insurance benefits. Other workers have collective agreements and disability insurance that can help, but at this time, some people have nothing after 15 weeks. It is ridiculous.

If the $57 billion that was in the EI fund was still there, we could make improvements and help these people. Now we are told that in order to manage the fund, it takes $15 billion. It makes no sense. Just ask any member of this House.

I am proud to rise in this House. I have only seven months of experience and I would like to contribute to society so that these people can get proper treatment.

I would also like to mention that among the G8 countries, Canada does not have the best-paying system. We are not among the top countries; we are among the bottom. Some countries pay up to 12 months of benefits. Generally speaking, Canada pays 15 weeks and the United Kingdom pays 52 weeks. In France, we are talking about 12 to 38 months, depending on the illness. In Germany, it is 78 weeks. In Japan, it is between six months and three years, depending on the category of employment, and in Russia, we are talking about 12 months. We see that we are quite behind the other G8 countries. They could teach us a thing or two.

What I am saying is just common sense. People want change. We are talking about illness, but not everyone needs illness benefits for 38 to 40 weeks. There is a limit. I had this data. For the plan we are talking about, it would cost roughly $1 billion more for 50 weeks. If the $57 billion was in the government's coffers, we would have enough money for this.

Almost 328,000 special illness benefit claims have been filed, but only 31% of the beneficiaries used 15 weeks. That means that not everyone used the maximum benefit. The average amount paid was $334 a week. In 2009-10, the cost for illness was $1,075,200,000.

If we are human here in this House and we think about the public and the people we represent, we should all support this bill, including the Conservatives.

[Denis Coderre, Liberal, Bourassa, QC]

moved that Bill C-291, An Act to amend the Employment Insurance Act (waiting period and maximum special benefits), be read the second time and referred to a committee.

Mr. Speaker, there are times in our lives as parliamentarians when we can and must make a difference. On June 2 of next year, I will celebrate 15 years as the member of Parliament for Bourassa. Every day brings its share of wonderful surprises and small pleasures, and most importantly, we have the opportunity to meet with people who help us do a better job. The person I met with—who is watching us now and to whom I pay tribute—has met most representatives of the political parties. I am talking about Marie-Hélène Dubé.

Unfortunately, following a third relapse of thyroid cancer—she is doing better and we wish her the best—she noticed that there was something unfair about the Employment Insurance Act. Since 1971, there has been no change to the act regarding benefits for persons who have suffered a serious injury, have a serious illness or, due to their individual circumstances, cannot enjoy a normal standard of living. She has cancer, children, and noticed that she was not entitled to the 15 weeks of employment insurance benefits. Obviously, we can always look back and ask what we did when we were in power. We made changes concerning family caregivers, and we did what it took, but it is time in my opinion to play a leading role on this issue.

It is not the first time that this bill has been discussed. We in the Liberal Party have done so, as have we. The NDP and the Bloc Québécois supported it, and members from the Conservative Party did so as the minority government at the time was sympathetic to this cause. It is therefore in a spirit of non-partisanship that I stand before my colleagues and call on them to support my bill, C-291. This will achieve two things. First, it will extend the benefit period from 15 to 50 weeks. Second, there is the infamous two-week waiting period. When you are faced with a major and tragic event in your life, when you are receiving chemotherapy, when you have children to look after, a two-week waiting period is an eternity. It does not make sense. For purely compassionate reasons, I do not see why this person would have to wait two weeks before receiving her first payment.

Honestly, I do not understand the 15-week benefit period. Some have brought forward a petition and have worked with Marie-Hélène in Vancouver. Some people are forced to remortgage their houses, others have to take a part-time job when they are able to work, and then there are those who have to deal with specific family circumstances, and in most cases these are single-parent families. It is not easy.

The role of a government, of a Parliament, is to improve people's quality of life. We do not need to ask 25 questions. It is only logical, since our role is to ensure that our constituents live a decent life. Some of them are terminally ill. The least we can do is tell them that they do not have to worry about other problems. Increasing the benefit period from 15 to 50 weeks would be a good way to tell Marie-Hélène and the 500,000 petitioners that we support them. The NDP has presented a petition. I myself have presented petitions signed by over 75,000 people, and the Bloc Québécois has also done so.

If we turn to our families, if we look at our friends and loved ones, there is not likely one member here who does not know someone who is going through this exact situation right now. Unfortunately, cancer is everywhere. I think it is our role, through this private member's bill, to bring them a little peace of mind. It is called solidarity. It is called dignity. This bill could be called “an act to ensure dignity for those who are suffering”. This is not a partisan issue. This is not to say that some people are better than others. There is no point in talking about what was done in the past. This is to say that, right now, we are looking towards the future and working together to tell Marie-Hélène Dubé and everyone else going through this problem that we support them and we are working with them.

There are other people, like Carlo Pellizzari of Vancouver, who has lymphoma and, at the age of 26, is facing a situation similar to that of Marie-Hélène. Like her, people decided to not only sign the petition but also bring this situation to our attention.

Our role today is to invite everyone who is watching the proceedings of the House to first sign this petition and to then continue to exert pressure. They can sign the petition on Marie-Hélène's website, which is found at http://petitionassuranceemploi.com/en/.

The site provides information and a brief explanation of the situation. Basically, there is a call for an amendment to subsection 12(3) of the Employment Insurance Act, which would provide some relief for people in this situation. Unfortunately, as I said earlier, they are often in the terminal phase of the illness. However, I believe that it is important for us to do this.

We in the Liberal Party have taken similar action in certain cases. Clearly, this is not the first time that we have reviewed matters related to employment insurance. There are precedents in which, as a government, we took certain action. For example, we increased the period for parental benefits from six months to a year.

The Employment Insurance Act is living legislation. It is economic legislation that requires flexibility. Sometimes, we have to help people who are having difficulty. We cannot be perfect and we cannot fix everything at once, but with this ode to tranquility and dignity we are acknowledging that there are times in our lives when we have to take action. We have conducted pilot projects. When it comes to employment insurance, there are realities and situations specific to the regions. That is why I am putting myself in the shoes of these men and women who are going through extremely difficult times. Do we think that—and forget about the lists or documents that the government would have us read—we can in all decency tell a person with cancer or a person who has sustained a serious injury that he or she will receive 15 weeks of benefits?

Some of us here have had cancer or are in remission and we know that it can take 5 to 15 weeks or even more to recover from chemotherapy or radiation. Imagine what it is like for people in this situation. They are being told that they have completed their chemotherapy and that they are still sick but that they will not receive any more benefits. It is not right. It does not make any sense. Let us ask ourselves this question: when someone is in that situation, is it right that they should have to wait for two weeks before they receive their first cheque? There are quick ways to eliminate this waiting period.

I would like to pay tribute to my colleagues who brought this issue before the House before me, namely Jean-Claude D'Amours and Michael Savage. These people from my party moved this forward. The member for Acadie—Bathurst has also worked on this file, and my colleague from Jonquière—Alma will be talking about it shortly. It is truly non-partisan. We need to reach out, show solidarity and work together to make a difference. I did not reinvent the wheel. This is not my work; it is the work of a Parliament that has experienced this sort of situation. I had the opportunity and pleasure to table a bill so that we could find a concrete solution to this situation.

Everybody knows of a friend, a member of his or her family, or a constituent who lives in that situation. Our role is to ensure that those people who have already suffered enough have the capacity at least to take care of their kids, and to ensure they do not have that social pressure.

Some of them lose their jobs. Some of them have to take out another mortgage on their homes. They are suffering enough. The least we could do as parliamentarians is to raise the number from 15 weeks to 50 weeks. Also, instead of waiting for two weeks before getting their first cheque I think those people should get them right away.

In a non-partisan way, I am asking all my colleagues to make that gesture of solidarity and support my bill.

Private Members' Business

[The Speaker, Conservative, Andrew Scheer]

Order, please.

The House will soon begin private members' business for the first time in this Parliament. I would, therefore, like to make a brief statement regarding the management of private members' business.

I want to remind all hon. members about the procedures governing private members' business and the responsibilities of the Chair in the management of this process.

As members know, certain constitutional procedural realities constrain the Speaker and members insofar as legislation is concerned. One such procedural principle concerns whether or not a private member’s bill requires a royal recommendation. The Speaker has underscored this principle in a number of statements over the course of preceding parliaments.

As noted on page 831 of House of Commons Procedure and Practice, second edition:

Under the Canadian system of government, the Crown alone initiates all public expenditure and Parliament may only authorize spending which has been recommended by the Governor General. This prerogative, referred to as the “financial initiative of the Crown”, is the basis essential to the system of responsible government and is signified by way of the “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 that 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.

A private member's bill that requires a royal recommendation may, however, be introduced and considered right up until third reading, on the assumption that a royal recommendation will be provided by a minister. If none is produced by the conclusion of the third reading stage, the Speaker is required to decline to put the question on third reading.

Following the establishment or the replenishment of the order of precedence, the Chair has developed a 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 October 5, 2011, I wish to draw the attention of the House to three bills that give the Chair some concern as to the spending provisions they contemplate. These are Bill C-215, 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.

There is also Bill C-291, An Act to amend the Employment Insurance Act (waiting period and maximum special benefits), standing in the name of the member for Bourassa.

The third bill is Bill C-308, An Act respecting a Commission of Inquiry into the development and implementation of a national fishery rebuilding strategy for fish stocks off the coast of Newfoundland and Labrador, standing in the name of the member for St. John's South—Mount Pearl.

I would encourage hon. members who would like to make arguments regarding the requirement of 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.

In addition, members are likely aware that a point of order was raised yesterday by the member for Windsor—Tecumseh regarding Bill C-317, An Act to amend the Income Tax Act (labour organizations), standing in the name of the member for South Surrey—White Rock—Cloverdale, arguing that this bill should have been preceded by a ways and means motion. As members know, limitations exist on the manner in which taxation measures may be amended in the absence of an accompanying ways and means motion. If a bill that requires a ways and means motion has not been preceded by one, our rules do not permit it to remain on the order paper.

As I stated in the House last night, should any other members wish to provide additional information regarding Bill C-317, they are encouraged to raise them without unnecessary delay, as the Chair has taken note of the matter and would like to ensure the question is resolved as quickly as possible.

Finally, I should inform members that earlier today I received written notice from the hon. member for South Surrey—White Rock—Cloverdale that he would be unable to move his motion should private members' business begin tomorrow.

As members well know, private members' business is set to start 24 hours following the presentation of the report of the Standing Committee on Procedure and House Affairs indicating those items which remain votable, and no exchange can be requested prior to the tabling of the said report.

The report was indeed tabled earlier today, and the member now finds himself in the unforeseen situation of not being able to provide the 48 hours' notice required to proceed with an exchange.

In this particular case, and considering my role regarding the orderly and timely conduct of private members' business pursuant to Standing Order 94(1)(a), I will allow the exchange to proceed without the usual notice requirement.

The Standing Committee on Procedure and House Affairs may wish to examine this matter and consider whether our practices in relation to the application of Standing Orders 94(1)(a) and 94(2)(a) continue to serve the House in an effective manner. As your Speaker, I see no reason why the member occupying the first position on the order of precedence would not be afforded an opportunity to make an exchange, while all other members can do so.

I thank hon. members for their attention.

I understand the hon. member for Malpeque has some further comments about the question of privilege raised.

[The Chair, Conservative, Harold Albrecht]

Are there any questions or comments regarding Bill C-291?

Seeing none, we'll proceed to Bill C-267.

Employment Insurance Act

[Denis Coderre, Liberal, Bourassa, QC]

moved for leave to introduce Bill C-291, An Act to amend the Employment Insurance Act (waiting period and maximum special benefits).

Mr. Speaker, we all have family members or close friends who unfortunately have cancer or serious injuries that prevent them from earning an income to support their children or who are in very difficult social situations.

I have presented petitions in this House with thousands of signatures. In response to those petitions and the tireless work of Marie-Hélène Dubé, it is time to make two changes to the Employment Insurance Act.

The bill would extend the maximum period for which special benefits for illness, injury or quarantine may be paid from 15 weeks to 50 weeks. More importantly, it would also change the infamous waiting period, which forces individuals to wait two weeks before receiving money.

By resolving this situation, we can provide some relief for these individuals. They are already suffering from their illness; they are already suffering serious social and family problems. It is time for us to fix this for them. Our role as legislators is to improve the quality of life of our constituents.

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