Bill C-307 (Historical)

An Act to amend the Canada Labour Code (pregnant or nursing employees)

This enactment amends the Canada Labour Code to allow a pregnant or nursing employee to avail herself of provincial occupational health and safety legislation.

Canada Labour Code

[Isabelle Morin, NDP, Notre-Dame-de-Grâce—Lachine, QC]

Madam Speaker, I am really very proud to rise in this House today to stand up for the rights of working women in Canada.

I want to lend my support to Bill C-307 because I think it is a good thing, it is something that is logical and necessary for the provinces of Canada. This is not just a law that will strengthen our federation; it is also a law that affects the rights of women in our country. I think there are many reasons why all parties in this House, as a government, are going to be able to work together in a non-partisan debate. I am convinced that as the government of Canada, we want to be sure that our federation stays strong and the injustices that women suffer are eliminated.

I believe in a policy of bringing people together, a policy that will be equal in all provinces. I hear my colleagues in the other parties talking to me about inequality. This bill is one that my colleague from Rosemont—La Petite-Patrie has introduced precisely so that we will be more equal everywhere in Canada. I wonder whether the others have really understood the essence of this bill.

The reason why I believe in this bill is that the history of Canada shows that the federal government takes the social legislation of the provinces into consideration.

What we are saying in Bill C-307 is that there is legislation in Quebec, good progressive legislation to protect working women's rights, and that all of Canada should be able to benefit from it. We believe that preventive withdrawal legislation should apply to all working women in all provinces. While everyone works together to improve the lives of people in their own province, it is up to us, in the federal government, to do that for our country. It is important that the federation not take away the social progress achieved by the provinces. That is an injustice, and it is our job as parliamentarians to put a stop to injustices.

The debate today relates to an injustice that is truly important to me. Women's rights are of crucial importance in this world, and particularly in Canada. It is inconceivable that in this country we should have legislation that discriminates against nearly 50% of our population. The purpose of Bill C-307 is to enable pregnant or nursing women who are subject to the Canada Labour Code to be able to avail themselves of provincial legislation governing preventive withdrawal when that legislation is more beneficial.

At present, only Quebec has a preventive withdrawal program. Since 1981, pregnant women have been able to receive 90% of their wages before their delivery if their job is considered to be too dangerous for them or their child. This means lifting loads of more than 7 kg, interacting with people who may potentially be dangerous to the woman or the child, being exposed to noise levels that are dangerous to the woman or working in a standing position for over seven hours.

Women who live in the province but work for federal institutions—that is, who are subject to the Canada Labour Code—do not have access to this kind of program at present. They are subject to the Canada Labour Code, which ignores the rights of pregnant or nursing women. Women may take unpaid leave, but that is all, even though their colleagues who work next door are able to benefit under the Quebec legislation.

Here is a concrete example. I worked as a teacher in a provincial detention centre. I was replacing a person who was on preventive withdrawal, because working in a detention centre is dangerous. That person was really pleased to be able to avail herself of that right and I replaced her. I would feel kind of silly if I told a teacher working in a penitentiary that it is dangerous for her to work in that environment. If she worked in a detention centre, she could leave, but because she is teaching in a penitentiary and cannot get an alternative job, she must take a leave without pay if she wants to be on preventive withdrawal.

This is supposed to be a country where people are encouraged to have children. Our demographic situation is all upside down. In some regions, there are more people over the age of 50 than under it. However, we are telling a woman who wants to have a child that she must give up her salary. That is unfair and unjust.

The hon. member opposite raised an economic argument.

I was really appalled and upset to hear that because, according to the Library of Parliament, the costs could reach $11 million annually. I agree that this may look like a lot of money. However, another study was carried out by Dr. Robert Plante, and published in Le Médecin du Québec magazine in November 2004. Based on an average of 50,000 pregnant women, there were, among those who did not have access to preventive withdrawal, 375 cases of low gestational weight, 460 premature delivery and, what is worse, 340 fetal deaths. This means that out of 50,000 pregnant workers, we would spend $11 million to save 340 children a year.

Members opposite are saying that it is too expensive. Personally, I earn money and I pay taxes at the federal and provincial levels. It seems to me that we could try to invest that money in social programs. But I am told it is too costly. So, we will let 340 children die, even though they would eventually have paid taxes and help correct our demographic situation, all this because the government says it costs too much money. That is a very weak argument and I hope our friends in the other parties will realize that. The government talks about stimulating the economy. It seems to me that people who are born and who work help do just that.

I spoke of my experience replacing someone. This legislation would help the 75,000 women in Quebec who work under the Canada Labour Code.

Some hon. members say this is unfair to the provinces. We have to look at the basics. We currently have a good program in Quebec. We are trying to extend it so that those who work under federal jurisdiction can benefit from it. If some believe this creates inequalities and that it is not fair, then let us extend it Canada-wide. This is just the first step in telling women everywhere who work full time that their job is a little bit dangerous, that they need to take time to have children, because we need children in our society, and that we are going to give them the means and tools to do so.

The bill has been applauded by several women's groups including the Conseil d'intervention pour l'accès des femmes au travail and the Fédération des femmes du Québec. The Canadian Union of Public Employees did not tell us this was illegal with regard to the provinces, but that this progressive bill would help 75,000 women in Canada, that we needed to start there and then we would see what could be extended to the rest of Canada.

I am truly in favour of the bill by the hon. member for Rosemont—La Petite-Patrie. This bill will help Canadian and Quebec women and will restore some justice in this country where we ask women to have children, go to work and take care of the home. I think this bill is a very good thing. I encourage every member in the House to think about it and put partisan debates aside in order to pass this bill. I invite everyone to vote in favour of this bill.

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Madam Speaker, a number of different points have been raised in debate and I think all members in the House share the opinion, the will and the want to ensure that pregnant and nursing women are well cared for and supported, as they should be.

From a Liberal perspective, our track record shows we have not just talked about this, but we have taken steps such as maternity leave through the employment insurance program and various undertakings over a number of years.

Bill C-307 is similar to a private member's bill put forward in the past by a member of the Bloc. I remember being in the House when it was debated. I do not see any changes from this legislation to the points that were raised the past legislation.

The concern then and the concern now is the impact this will have on provinces and how they have to respond to the legislation. It is really a case of dictating programs to the various provincial jurisdictions. I do not know if that is what our role and responsibility is here, and it was mentioned in the comments of my colleague, the parliamentary secretary.

I went through a process fairly closely with a former colleague, Ken Dryden, when he was a member of this chamber. We did cross-Canada contacts and stakeholders meetings when he worked toward the formation of a national child care program. What we took from those meetings and from that whole experience was that each province did things completely different.

The province of Quebec has a child care model that stands apart from other provinces. It is very well refined, whereas the province of Newfoundland is still trying to come to terms with and develop more of a broad-based system.

However, one thing Ken understood from his experience was that none of the provinces were willing to accept a national program. They could only do what they could do. They could improve what they were doing. They could support some of the initiatives they had undertaken. They believed in early education and child care, but they had to live within their means, as all governments do.

What had to be done was a series of one-offs, where the federal government embarked on a particular deal with each of the provinces. Investments were made. Those deals were certainly supported financially and dollars were transferred. However, it was not up to the federal government to dictate what a child care and early learning program should look like. That was clearly provincial jurisdiction. Ken and I took away from the experience that this was clearly within the purview of the provincial governments, but there was a role for the federal government to play.

As has been stated by the parliamentary secretary, and it is a belief that I share, there are provisions within the Canada Labour Code right now that protect the safety and security of pregnant and nursing women. Although well-intended and as noble as it might be, the legislation has the potential to further add to an inequality, where those women who work in a federal sector would have access to a higher level and a greater amount of support than other women who did not work in that sector.

The potential to add to inequality is real and I have not seen any changes in the legislation. That concern was raised when the Bloc introduced the legislation. I have not seen that change through this. If we were to go forward and support the legislation, I think we would constitutionally impinge on the jurisdiction of the provincial governments. It is tough enough to move legislation forward and be progressive in areas of federal jurisdiction, but when we try to impart that on the provinces, they are not all that willing.

The additional risk is it would further complicate an already complicated area, where we see provincial labour laws and provincial codes apply as well as an overlap of federal labour laws and labour codes.

We dealt with legislation four years ago. Cape Breton had a subsea mine and federal labour codes applied to that specific operation, the Cape Breton Development Corporation. When the federal government got out of the mining business, the province wanted to assume and further develop the coalfields in Sydney. To try to streamline that, we had to pass legislation in the House that would enable the province to assume responsibility to have that mine operate under provincial labour codes and to be monitored by provincial labour standards. It was a rigorous process, but nonetheless we were able to get through it.

However, when we look at all 10 provinces and the varying degrees of support that are awarded by each of those provinces and when we look at where the Canada Labour Code currently extends into this issue, then it calls into question whether it is wise or prudent or if it is our responsibility to move forward with this type of legislation.

Again, our caucus has seen the legislation before. We did not think it was the cleanest of legislation. Although we support pregnant and nursing women, we do not think the legislation is one that makes a great deal of sense to support. It further draws a greater inequality between those who are in federal sectors and those who are not.

[Kellie Leitch, Conservative, Parliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour]

Madam Speaker, I am happy to have the opportunity today to comment on Bill C-307 presented by my colleague, the hon. member for Rosemont—La Petite-Patrie.

This bill proposes adding another section to part II of the Canada Labour Code. This would bring the federal code in line with provincial legislation regarding the health and safety of pregnant or nursing employees.

In Quebec there is a program called “Pour une maternité sans danger”, the safe maternity program, which many pregnant workers use. A pregnant nurse, for example, whose job poses a risk to her health or that of her baby can be reassigned to another task or be allowed to take preventative withdrawal leave on the advice of her physician. If she must take leave, this pregnant nurse will receive an income or replacement benefit equivalent to 90% of her net insurable income.

It is clear that even if this is not spelled out explicitly, the intent of Bill C-307 is to give employees working in Quebec, but under federal jurisdiction, the possibility of getting the same access to the safe maternity program as employees under provincial jurisdiction.

I must admit that the issue raised by the bill is important to me, both as a woman and as a pediatric surgeon who spends most of the time taking care of children. I would be the first to say that pregnant and nursing women have the right to work in a safe environment. This is something that every Canadian would agree with.

Wherever we sit in the House, I am sure that we all want to protect those who give life, the infants they carry, and those who have been brought into the world. In fact, the Canada Labour Code formally recognizes this right. It includes several provisions, including maternity related reassignment or leave. These provisions give considerable protection to pregnant and nursing employees. I am not going to go into the details of these provisions, but generally speaking this is what they allow.

If there is a risk to the health of the employee, her fetus or her child, the employee can get a modification of her duties to be reassigned to another job without any loss of salary or benefits. If these measures are impractical, she can go on leave for as long as the danger persists.

Other provisions allow an employee to take leave during the period from the beginning of the pregnancy up to 24 weeks after childbirth if she is unable to work because of her pregnancy or nursing. This is in addition to regular maternity, parental or sick leave provisions under the code.

It is not my place to give an opinion on Quebec's safe maternity program, which, in principle, is very commendable. But one thing is sure: the program is very expensive.

To note, in a Canadian Press article that appeared at the beginning of November, it was reported that the cost of financing the program is 19 times higher than it was when it was first created. It now costs over $200 million per year, all of it financed by employees through a payroll tax. In Quebec, the same contribution rate, which is 19¢ on every $100 of employees' insurable earnings, is applied to all employees targeted by Quebec's preventative withdrawal program. This is regardless of the amount of benefits their employees receive.

If we assume that the same contribution rate would be applied to their current total salary envelope, employees under federal jurisdiction operating in Quebec, including the federal government, would be obliged to pay almost $20 million a year in contributions. However, given the relatively lower health and safety risks presented by most jobs under federal jurisdiction, it can be estimated the amount of benefits provided to employees would be approximately $5.4 million. In such a scenario, federally regulated employers would on average pay almost four times more into the program than their employees would take out. If only from a financial perspective, this would make no sense.

The financial aspect is one we cannot ignore, especially in these difficult economic times. That is perhaps why a report earlier this year, commissioned by Quebec's workers compensation board, recommended that the admissibility criteria for its program be tightened and that more effort was needed to encourage employers to accommodate pregnant and nursing employees. That is what our priority should be, to focus on allowing women to maintain their attachment to the labour force by ensuring that they work in a safe environment.

We have to consider the potential unintended consequences of the bill on workers that it is meant to help. Increasing business payroll taxes would hinder job growth and could lead some employers to reduce or eliminate benefits altogether for their employees. If Bill C-307 brought significant new benefits and protections for employees, this might also be a price worth considering, but it does not.

From a legislative point of view, Bill C-307 would also be difficult to implement. If Bill C-307 were adopted, many employers under federal jurisdiction would then be subject to most provincial and federal provisions on preventative withdrawal. This could create confusion in regard to the respective rights and obligations of employers and employees. Employees could try to take advantage of either their federal or provincial rights or remedies, choosing whichever system seemed to be the most advantageous under the circumstances. This would lead to problems in application of labour laws.

In addition, Bill C-307 would create disparities in the treatment of employees working in different provinces for the same employer. Given certain rights and benefits only in federal jurisdictions, employees located in one province and having such inequity enshrined in law would be unfair for employees working in other regions of the country. This sort of situation could lead to a complicated patchwork of disparities and legal obligations for employers under federal jurisdiction. Those operating in several provinces, including small companies which cannot afford professional legal or HR assistance, would face significant administrative difficulties.

Bill C-307 would also have the effect of blurring the lines of demarcation between jurisdictions of labour matters. The provinces could adopt laws that would apply to workplaces under federal jurisdiction. Such a development could have broad legal and policy ramifications.

It is clear that pregnant and nursing women have the right to work in an environment that is safe and healthy. If there is a risk to their health, that right is protected under the Canada Labour Code.

I would also point out that the vast majority of employees under federal jurisdiction are entitled to benefits under a disability insurance or sick leave program provided by their employer. Employees are also entitled to employment insurance benefits if they meet the eligibility criteria.

When we propose to make changes or additions to the Canada Labour Code, as is proposed in Bill C-307, we must ensure that we are carefully considering their implications, and weigh the pros and cons. That is what we have done as a responsible government.

After spending a great deal of time examining this bill and for all the reasons I just mentioned, we have decided to oppose Bill C-307 and we ask all members to do the same.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

moved that Bill C-307, An Act to amend the Canada Labour Code (pregnant or nursing employees), be read the second time and referred to committee.

—Mr. Speaker, I am extremely proud to rise today in this House to speak to a bill that is so important to many women throughout Canada. It is important to women's groups and also to the union movement, the people who represent working women and are concerned with health and safety issues.

The purpose of this bill is to allow pregnant or nursing women who work in businesses that are under federal jurisdiction to avail themselves of existing provincial occupational health and safety legislation governing preventive withdrawal. This is a very reasonable and necessary bill.

In the last election campaign, the NDP had the slogan “Travaillons ensemble”, meaning working together. We had a positive campaign, a campaign about ideas and people's real problems. In this regard, we said, and we still say, that parliamentarians have to work in the interests of the public, and so they have to work together. We also said that we had to help families. We said that in the NDP, but other parties were saying the same kind of thing. We said we had to listen to the needs of families. That is why I am proud today to speak to this bill again.

In Quebec, we often boast about how we are more progressive, but that is not always true and has not always been the case. Women won the right to vote only in 1940. And I would just note in passing that aboriginal people won the right to vote federally in 1960, and that is truly unbelievable. Since then, women have fought to have all their rights fully recognized. After many battles, they have achieved concrete recognition of their equality. In Quebec, it was not until 1979 that a maternity leave program for working women was implemented. In 2000, there was the Women's March, to send a loud and clear signal that the struggle for fairness and equality for women continued. That struggle still has to continue.

Perhaps members are unaware, but at present, when some working women in this country are pregnant and have to leave their workplace for their own safety or the safety of their fetus, their baby to be, they receive no compensation. They have to do it on their own dime, as they say. That is inconceivable. One might even say it is somewhat shocking.

We call ourselves an egalitarian society, we say that we recognize that women play an important role in the labour market, but at the same time, we penalize them when they are pregnant. We tell them that it is all very well for them to protect their health and the health of their fetus, but they will have to pick up the bill. Forgive me, but in our view, that seems a bit cheap.

In Canada, we have collectively provided ourselves with a social safety net of which we are rightly proud. It is in fragile shape today, but for many long years it has served our society, Canadian men and women, men and women in Quebec, well. It is a social safety net we must work to preserve today. In fact, it is this social safety net that protected us against the recent global economic crisis, because, as the IMF reminded us, a better distribution of wealth and lower levels of inequality allow for longer and more stable periods of economic growth.

So, we created a safety net for workers, because we recognized that, in certain situations, employees and wage earners in our country need to be protected. We recognize that, and occupational health and safety laws exist because dangerous situations are sometimes a reality. We also have an employment insurance program because sometimes—and these days it is more frequent than that, with 91,000 in two months—people lose their job.

However, when it comes to pregnant women, the government seems to be a little more stingy. Pregnant or nursing women have to do tasks or put up with working conditions that can be dangerous. The NDP does not accept that situation, and I am convinced that the majority of members in this House do not accept it either.

I am going to summarize the relevant Canada Labour Code provisions for those who are not familiar with them.

First, there are two levels of labour codes in Canada. We have the provincial codes and then the Canada Labour Code. The latter covers workers in several sectors, including the financial, air transportation, aerospace, telecommunications and transportation sectors.

In Quebec, 4.45% of women are covered by the Canada Labour Code, which means close to 75,000 women.

Under the bill that I am humbly submitting today, these 75,000 women would be potentially better protected if they experienced the joy of expecting a child.

In Quebec, we are very proud of the program that was put in place in 1981. It allows pregnant women who provide a medical certificate confirming that their work poses risks and dangers for their unborn child or for themselves to be reassigned to tasks that do not present these dangers.

Under this program, women receive 90% of their salary. The program recognizes that it is not right and that it is unfair to put on the victims the burden of occupational health and safety problems.

Unfortunately, the Canada Labour Code currently does not do that. With regard to preventive withdrawal, section 132 of the Canada Labour Code, which deals with pregnant or nursing employees, provides that when dangerous conditions exist, the employer may try to find an alternative. I insist on the term “may”. The employer is under no obligation to do so. If no alternative is found, these women must take a leave without pay. That is where the big difference lies. In these situations, the financial and economic burden rests on the shoulders of pregnant and nursing employees whose working conditions endanger their health, or that of their unborn child.

The question is, is this just? I wonder if it is an egalitarian policy and social vision. I wonder if it is consistent with our values, with the Quebec and Canadian values of equality between men and women, equality between workers, and of protection for people with health or safety problems.

Is forcing pregnant employees to work in dangerous conditions for both themselves and their fetuses the right way to treat them? The members of the NDP and I, the member for Rosemont—La Petite-Patrie, do not believe so. I do not think that these women should be penalized. We in the NDP believe that the health of pregnant workers is important. I would go so far as to say that it is a priority.

If we want to encourage people to have children, and if we are serious about this, women must be provided with the best living and working conditions possible. They must have appropriate and safe conditions in which to work at all times.

I imagine that my colleagues from the Liberal and Conservative parties, and the other members who sit in this House share this opinion. At least, I hope so.

I am the father of a blended family with four beautiful children. I am lucky. I enjoyed good working conditions before having the honour of being elected to represent the constituents of Rosemont—La Petite-Patrie in this House. My wife also enjoyed good working conditions. We both had a collective agreement that enabled us to take extended parental leave.

Today's topic is not parental leave. It is even more elementary than that. The subject is the health of thousands of workers and their right to be protected without paying for it. It is about pregnant women working in a standing position for over seven hours. It is about pregnant women lifting loads of over seven kilograms. It is about working environments that are too noisy. It is about ergonomics that put these women's pregnancy or the health of their fetus at risk. It is about being exposed to hazardous products. I could continue, as the list is long.

A study conducted in 2004 by Health Canada as part of the National Health Research and Development Program demonstrated the effectiveness of the provincial program in Quebec. The study showed that if exposure to ergonomic problems is eliminated early enough in pregnancy, the rate of premature delivery is the same as for women with no exposure. These and other such hazards have been eliminated. This is evidence that prevention works. For prevention to be successful, there should be no financial penalty. That is the current problem with the Canada Labour Code. It is the problem that this private members' bill seeks to address.

In the NDP, we believe that these women should not be penalized when their working conditions put their health or that of their babies at risk.

If we really want to help Canadian families, we must put our money where our mouth is. We must take concrete action. My bill does that and it is a good thing for Canadian and Quebec families. Its objective is to stop penalizing pregnant employees. It is a simple measure that will improve living conditions for these families and, therefore, for thousands of people.

The bill humbly does that. All we are saying is that pregnant women who work in a job that comes under the Canada Labour Code can avail themselves of the existing provincial occupational health and safety legislation if, of course, the latter is better.

That is not much to ask under the circumstances. My bill does that is six small subsections.

Subsection (1) provides that an employee may avail herself of “the legislation of the province where she works that relates to the applicable measures, including preventive withdrawal, transfer to another position and financial compensation to which she would be entitled under that legislation”. Subsection (2) defines the terms of the application, while subsection (3) refers to its processing. It provides that: “The agency referred to in subsection (2) shall process the application according to the legislation of the province applicable to pregnant or nursing employees in that province.”

Subsection (4) points out that employees may avail themselves of the remedies provided for in the provincial legislation. Subsection (5) gives to the federal government a mandate to enter into an administrative agreement with the provinces concerned. Incidentally, similar agreements already exist regarding health and safety. Employees who come under the Canada Labour Code are protected by the CSST in Quebec for workplace accidents, but not always for preventive withdrawal.

Finally, subsection (6) of my bill provides that the exercise by an employee of this right is without prejudice. The fact that an employee exercises a right must not result in retribution or penalties of any kind. This is a reasonable, modern, appropriate and necessary legislation. I hope there is unanimity for once in this House regarding the private members' bill that I am introducing today for second reading.

This is why I am asking all hon. members to support it, regardless of their political colours. I am asking that we recognize the contribution of women in the workplace, and that we recognize that they should never be penalized because they are pregnant or because they are nursing their child. I am asking for the support of my fellow parliamentarians to pass this bill, which will correct a major deficiency in the existing legislation.

[The Chair, Conservative, Harold Albrecht]

Now we're moving on to Bill C-307.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

moved for leave to introduce Bill C-307, An Act to amend the Canada Labour Code (pregnant or nursing employees).

Mr. Speaker, it is with great joy and pride that I rise today in this House to introduce a bill that meets the needs of the workers' movement across the country and responds to the demands of many women's groups. The purpose of this bill, which is completely reasonable, is to correct a great injustice—the differential treatment of female workers subject to the Quebec Labour Code or other provincial labour codes and those working in organizations under federal jurisdiction, who are subject to the Canada Labour Code.

The Canada Labour Code does not include the true right to preventive withdrawal for pregnant or nursing women. This bill seeks to correct this injustice and give all female workers across the country access to the compensation provided for in the provincial legislation so that they can withdraw in health if their work threatens their health and safety or that of their unborn child.

The Canada Labour Code currently provides only for unpaid leave. In other words, it puts the health and safety of certain women or certain fetuses at risk by forcing women to stay at work too long because they do not have the financial means to withdraw in order to protect their health and safety and that of their child.

Since I trust that all members of this House care about the health of women and their unborn children and that they want to stand up for families, I expect nothing less than unanimous support for this bill.

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