Bill C-44 (Historical)

Helping Families in Need Act

An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations

This enactment amends the Canada Labour Code to provide an employee with the right to take leave when a child of the employee is critically ill or dies or disappears as the probable result of a crime. It also makes technical amendments to that Act.
Furthermore, the enactment amends the Employment Insurance Act to provide benefits to claimants who are providing care or support to their critically ill child and to facilitate access to sickness benefits for claimants who are in receipt of parental benefits.
Lastly, the enactment makes consequential amendments to the Income Tax Act and the Income Tax Regulations.

The House resumed from November 19 consideration of the motion that Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations, be read the third time and passed.

Safe Food for Canadians Act

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I thank the member for his speech. He mentioned that amendments suggested in committee were simply dismissed, even though the opposition parties worked hard to develop those amendments.

Earlier today we were debating Bill C-44. What I find funny is that although everyone agreed on the principle of the bill, the opposition's suggested amendments were also rejected, without any real argument or debate.

That is unfortunate, because the NDP has been clear that Bill S-11, as it stands right now, might not have prevented the major beef recall we had recently—the largest beef recall in Canada's history—or the 22 deaths resulting from the 2008 listeriosis crisis.

The amendments proposed by the opposition deserve to be seriously considered, which the Conservative government did not do. That is unfortunate. I would like my colleague to comment on that.

Helping Families in Need Act

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Mr. Speaker, I could not agree with my colleague more. He has made a very valid point.

That is what we are saying about Bill C-44. While we think it is a step in the right direction, it really does need to be improved upon, and we have recommended amendments and improvements to the bill.

We hope the government will recognize that we could be in this together. We could ensure that Canadians have the best possible EI system they could have. They are paying into it. It is their system. Let us work together. Let us not treat it as something that only the Conservatives, or the NDP or the Liberals are doing it. Let us work together and do what is in the best interest of Canadians from coast to coast to coast.

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Mr. Speaker, as my colleague from York West said, we are supporting the legislation, the helping families in need act. Just the title of the act shows that it is the kind of legislation that one would be inclined to support. Obviously, as my colleague said, it is a step in the right direction but so much more could be done.

The legislation would modify the Canada Labour Code to enable employees to take leave if their child is critically ill, dies or is missing as a result of a criminal act. In addition, Bill C-44 would make substantive changes to the Employment Insurance Act to allow ill claimants receiving parental benefits to also access sick benefits. Finally, the bill introduces a grant of $350 per week to parents who earn a minimum of $6,500 annually and are forced to take leave from their employment because they are caring for an ill child or their child was murdered or is missing.

None of us would ever want to be in that particular position. As my colleague from Cape Breton—Canso said, there is so much more that could be done. What we are trying to do here is convince the government that working together we can make a difference. We could do so much more with a bill like Bill C-44.

Overall, it is a step in the right direction. This has gone on for too long. The legislation is badly needed but it can be improved, and this is what I want to speak to. The government can and must do more to ensure that parents receive financial flexibility during extremely difficult times such as caring for a child who suffers from a critical illness or the tragic death or disappearance of a child.

Bill C-44 legislates two tiers of tragedy by enforcing different supports depending on the unfortunate circumstance. If a parent takes leave from work to care for a dying child, he or she is guaranteed up to 37 weeks off work under the amendments to the Canada Labour Code, but if a parent takes leave because his or her child is missing, the individual gets 52 weeks off work. While away from work, a parent would receive $350 per week.

It is impossible to even imagine the pain and fear that a parent in any of these tragic circumstances would be forced to endure. I cannot even put myself in the place of parents who find themselves in such circumstances. I most certainly support the 52 weeks guaranteed for parents of a missing or murdered child, and I am sure we all do. However, I believe that parents who are caring for a critically ill child and are suffering from many of the same uncertainties should also be permitted 52 weeks instead of only 37 weeks as would be permitted under this legislation.

I agree with the intent of the bill but I believe that the supports must be stronger and more equal. That is why the Liberals introduced amendments at the committee stage that would have improved and strengthened the supports that Bill C-44 would provide. Unfortunately, the committee, as we all know, was comprised of a majority of Conservative members who voted these measures down. Sadly, it appears that some on the committee could not rise above petty partisanship to deliver for Canadian families. In spite of the lack of co-operation that we found on committee, which my colleague from Cape Breton—Canso referenced, we support the bill.

While I welcome the specific improvements this legislation would make to the EI system for Canadian families, Bill C-44 is part of a larger conversation about the EI system and its failure to meet the needs of Canadians.

For many Canadians, the EI system provides supplementary benefits beyond the unfortunate case of loss of employment. For example, the EI system also provides maternity and parental benefits to individuals who are pregnant, have recently given birth, are adopting a child or are caring for a newborn. In addition, EI provides sickness benefits to individuals who are unable to work because of sickness, injury or quarantine.

Yet the question remains, are Canadians receiving the benefits they pay for, and in some cases require, in the manner to which they need them? The simple answer is no. I think if we ask anyone in the House who is familiar with the situations that Canadians find themselves in when they need to access EI, a program they have paid into, in essence their program, we would find that they are not being treated fairly.

Bill C-44 would enhance benefits to those who would find themselves in a very unfortunate and particular circumstance, but it would not solve many existing problems with the inability of the EI system to conform and adapt to the way Canadians need to use it.

Although, from time to time, some may make it seem like the benefits provided by the EI system are gifts from the Government of Canada, the fact is it is a system that is paid into by Canadians. It is in fact a fund that is put in place by Canadians. It is a crime when those Canadians are unable to access EI when they need to and in terms of the amounts that are required.

Because of this critical but often maligned fact, it is extremely important, as members of Parliament and representatives of our constituents, that we take part in a larger conversation with Canadians about how EI benefits are delivered and how they can better be delivered. This is where we really do need to engage Canadians. That is what is missing from the discussion.

The fact is that decisions are made and we design legislation without really doing the proper consultation with the Canadians who will be impacted. No one really knows whether they will be impacted by it. Therefore, it is very important to recognize, as members of Parliament, our constituents who may be working today but may lose their job through no fault of their own. It is that consultation that is missing here, that discussion with Canadians about the EI system and how it can best be administered to deliver for Canadians in the way in which it should be delivered.

One area where benefits need to be looked at is sickness benefits. Currently those who are eligible for sickness benefits are entitled to up to 15 weeks of benefits if they are unable to work because of their illness. Unfortunately many Canadians who are sick are forced to refrain from going back to work long after their benefits expire.

For example, a woman diagnosed with breast cancer is forced to take leave from work so she may undergo treatment. She will face a gruelling treatment regime that is often longer than the 15 weeks allowed for by the current regulation, leaving her stranded, unable to work while receiving treatment and unable to access more EI benefits even though her sickness has left her in a difficult position. In this case, the goal to provide support while she is receiving treatment is not being met fully. Clearly, in a situation like this, and in other similar situations, there is a gap in the program delivery.

How do we explain to people in that situation that we really cannot respond in the way that we should? We know they are going through a difficult time, we know it is a program they have paid into, but we are not there to meet their needs.

More generally, but equally important to this conversation, Statistics Canada reports that from 2010 to 2011, the most recent data available, access to EI benefits was at its lowest level in nearly a decade. According to Statistics Canada, one reason for the decreasing access to EI benefits was the lack of available full-time jobs.

Although all employees pay into the EI fund, only those with a certain number of hours worked can access the benefits for which they pay. That is one of the many reasons why Canada needs a government that spends less on political advertising and actually does more to create the desperately needed full-time jobs that far too many Canadian families are struggling to find.

Instead of focusing on creating full-time jobs, the government hiked the employment insurance rate on job creators, essentially raising a direct tax on employment, not to mention the Conservative government's declaration of war through its changes to the EI system on many of my constituents who are without a job through no fault of their own. This can be found in a lot of rural areas. While people want to work, unfortunately full-time jobs are not available.

Furthermore, with 14 million phone calls from Canadians trying to access their benefits, automatically hung up on by Service Canada that does not have the resources to respond, we are finding they are not getting the services they need.

[Judy Sgro, Liberal, York West, ON]

Mr. Speaker, I am very pleased to continue speaking to this very important bill, Bill C-44. It is an issue that was looked at when the Liberals were in office and something that we had also committed to improving had we become the government in the last election. Therefore, I am pleased that the government is at least picking up the issue. I am not satisfied that the Conservatives have done enough, but at least they are moving forward with baby steps.

As Liberals, we continue to believe that families must not be financially ruined because of an illness or when providing care for a family member who falls ill. I and many other parliamentarians, I am sure, have sat down and talked with families who are in that situation and have had to quit work to stay home and care for a sick child or a dying parent or relative. That is just not the way it should be. This belief is why we campaigned for a family care benefit through EI during the last election. That program would have delivered improved support to Canadians when they clearly needed it most.

We also believe that additional enhancements to the EI system should be studied, including increasing sickness benefits and creating a part-time benefits system to help support people with illnesses and disabilities such as MS. These suggestions would not be difficult to implement, even at this stage in the legislative process. We proposed a number of amendments during the committee's study of Bill C-44 and would be pleased to elaborate on them today, because they are very important. Perhaps this could be an item on which we all work co-operatively and deliver something good to the collective benefit of all of our constituencies and all Canadians.

I would again suggest looking at extending the leave of absence for a parent of a critically ill child from 32 weeks to 52 weeks. This would align with the amount of support a parent of a missing or murdered child is entitled to under Bill C-44. It is just common sense that we would have the two of them aligned, rather than having one at 37 weeks and another at 52 weeks. People have a hard enough time managing and accessing government programs and systems as they are, so why not try to keep things a bit similar? It seems to me that for parents of a child who has been killed or murdered or dies from a serious illness or other very serious issues, these benefits should naturally be consistent.

Also, we should consider extending the period for which a parent of a critically ill child could continue to receive benefits, from the last day of the week on which the child succumbs to 14 days after the child passes away. This proposed extension would acknowledge the period of grief following the loss of a child and would provide parents with additional support during a period of bereavement. We surely cannot ask employees to return to work and expect them to be productive after losing a child, never mind losing another relative.

We also called for a reduction in the labour force attachment hours required of EI claimants, from 600 hours over six months to 420 hours over that same time. Reducing the number of hours required would have the effect of extending benefits to part-time workers who would not otherwise qualify for this special EI benefit.

These are only a few suggestions that could make Bill C-44 a far better bill, and I would again call on the Conservatives to consider them. This is a bill that we can all stand and salute and say that we all had a part in it, because we are providing an important service to Canadians.

I understand that some of these ideas fall outside the technical scope of this bill, as determined by the government majority on the committee. However, I also know that this House has several procedural options available to it, if there were a will to do it correctly. What would be lost by looking at other ways to help Canadian families and parents who are facing some of the most difficult circumstances imaginable?

Today we have a choice. We can stand in our places and enact measures that would truly help those we are all here to serve, and whom I believe we want to serve. We can extend a hand-up to people like those living in my community at Jane and Finch, or we can continue to accept mediocrity. I would like to think that this particular issue is one on which we can all gather together and make a true statement about the kind of Canada we want, that we want a compassionate and caring Canada that is economically strong but knows that when things are difficult we are there to help the people.

I truly hope members of the government, particularly those on the back benches, are listening and are prepared to do the right thing by going along with these amendments so we can ensure that Canadians truly have an alternative in difficult times ahead.

The House resumed consideration of the motion that Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations, be read the third time and passed.

[Judy Sgro, Liberal, York West, ON]

Mr. Speaker, I will be sharing my time with the great member for Random—Burin—St. George's.

I represent the wonderful riding of York West, a constituency that is home to an intersection that lots of people know about when they talk about crime. It certainly has a reputation it does not deserve. That is clearly the area of Jane and Finch, which I am very proud to represent.

I mention this for two reasons in particular. The first is that I like to take every opportunity possible to point out that, despite what people may have heard, the communities in and around Jane and Finch are vibrant, strong and diverse. The second reason is that I view it as a duty to help keep it that way and, hence, the reason for the comments I am making today.

Despite being a warm and caring place, the region of Jane and Finch is not without some difficulties. On occasion, crime and some of the other social ills that face many Canadian cities become a factor, which is why I am speaking on this bill today. Helping hard-working, decent people is always good policy no matter what government puts it forward. Despite the assertion made by the current mayor of Toronto, suggesting that any program designed to help those in need is a hug-a-thug effort, police and medical experts disagree every day. Experts know that providing real support to those in need can have a profound impact not just within a household but across an entire community. I see that every single day with a variety of initiatives and new programs that get set up to help many of the people in my riding find employment opportunities and showcase what we would call a caring community.

Bill C-44 is the first step on that road, and I applaud the government for taking the first step. I just wish it would take the second and third steps. Periodically good policies come forth that we all support, but they are insufficient and need to go much further than the current one. As Liberals, we have argued that delivery of improved services to Canadians could be provided through changes to the EI system, but we continue to maintain that Bill C-44 falls short of what could be done to promote and support a workforce attachment that will aid families and individuals who have to deal with other situations of hardship, such as lost jobs, family illness and, in a worst-case scenario, the loss of a child.

Governments have a clear role to play, and it is not a hug-a-thug effort to live up to that responsibility. It is a moral responsibility to be there when people have difficulties. People who have lost children or are going through very difficult situations need to assist their family members. They cannot simply go through that process, take three days off work and think they can go back to work and function as a successful individual on the fourth day. The impact of the loss of a child, in particular, is extremely difficult and one that needs support and recognition from the kind of caring country that we all say we live in, a caring Canada.

It should be noted that it was a piece of Liberal legislation that started this process by offering enhanced access to sickness benefits during parental leave. This clearly was an initiative we heard much about from many people who clearly needed help.

[Philip Toone, NDP, Gaspésie—Îles-de-la-Madeleine, QC]

Mr. Speaker, I am pleased to rise in the House today to speak about Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations. Hon. members will recall that some aspects of this bill are very beneficial. I am very happy to say that we, on this side of the House, are prepared to support this bill.

For example, this bill will allow parents to extend their maternity and parental leave by the number of weeks that their child was hospitalized, which is an improvement over the existing provisions of the Employment Insurance Act. This will make it possible for parents to extend their parental leave by the number of sick days taken during that period. The same goes for time spent serving in the Canadian Forces Reserves. This and many other aspects of the bill are quite worthwhile.

We have heard many times, particularly from the government side, that 6,000 claimants will benefit from this amendment to the Employment Insurance Act. There are well over a million unemployed workers in Canada, 870,000 of whom are not eligible for employment insurance benefits. Only 4 out of 10 unemployed workers are eligible for employment insurance benefits; 6 out of 10 ten are not eligible.

I am very pleased that the government is giving benefits to 6,000 claimants in Canada for very worthwhile reasons, and we certainly support that. However, this helps only 0.27% of all unemployed workers in Canada: those who are eligible for employment insurance benefits. There is a great deal of work to be done with regard to employment insurance. We are far from meeting the real needs of Canadians.

Allowing families to collect employment insurance benefits in difficult situations, particularly those involving their children, is certainly a good thing. We completely agree. We must help these people. The health of a child is at risk, as is the mental health of parents, children and the community in a broader sense. For all of these reasons, it is important to support this bill.

However, what is missing here is support for communities that depend on employment insurance benefits. We have not really talked about the terrible hardship that will be created by the other employment insurance bills proposed by the Conservatives. For example, let us remember that, under Bill C-38, which was passed in the spring, thousands of unemployed workers will not be eligible for employment insurance benefits next year and even this fall because of changes that the Conservatives made to the Employment Insurance Act and the pilot projects that they did away with by amending the act.

It is very troubling. I definitely want to help families in situations where they need more support. However, I also want to help communities, especially those in the regions that depend on a seasonal economy. They depend on employment insurance. In order for the economy to keep going during the summer, these people need to be compensated during the winter months.

I encourage the Conservatives not only to help families who are having difficulties because they have a child with health problems, but also to start treating other claimants and unemployed workers with the same respect. The 6,000 claimants who will benefit from this change include parents of abducted children who will qualify for employment insurance.

The Canadian Police Information Centre reported that, in 2011, 25 kidnappings were committed by strangers and 145 were committed by parents. That is very troubling. Clearly, that is 170 too many abducted children.

Once again, I would like to point out that there are many other needs in Canada. I would remind the House that 870,000 unemployed workers are not eligible for employment insurance. Are we also going to abandon the women who lost their jobs when they went back to work after their parental leave?

The bill does not go far enough. It does not permit special and regular benefits to be combined. It gives the impression of helping people, but if we look at this bill more carefully, we quickly see that many parents will not be able to benefit from the bill's generosity.

The Conservatives ignored the promises they made in their 2011 platform. Indeed, during the 2011 election campaign, they said that they would offer enhanced EI benefits to the parents of murdered or missing children and to the parents of critically ill children. However, they said the funding for this measure would come from general revenues. They seem to have ignored their promises. Most of the funding for this will not come from general revenues, but rather from the EI fund.

Governments have a hard time resisting dipping into the employment insurance fund to pay for their bills. I can see why, since it is a healthy fund, but still, the government has to be consistent. If it promises money from general revenues, then it should come from general revenues.

I would like the Conservatives to note that with this bill, they are finally agreeing with the official opposition on changes to employment insurance. During the 40th Parliament, Bill C-343 would have provided employment insurance benefits to allow parents of missing children to take leave. The Conservatives twice voted against that bill. Then there was an election. We never found out what would have happened at third reading, but we can assume that the Conservatives would have continued to categorically say no. What made them change their minds?

I am very glad that they changed their minds in 2011 and that they made a promise. The bill before us is not exactly what they promised, but at least it is a step in the right direction. Nonetheless, some good opportunities were missed in the past to address some of the problems in our society. Once again, and probably mostly for lack of consultation, the Conservatives have not really identified the other problems faced by our communities. If they had held real consultations, they would have understood that allowing extensions and access to benefits for dependent children under 18 might not be enough.

We should be discussing a bill that meets the needs of parents with dependant children or simply dependants. Often, adults have to look after people older than 18 who have mental health problems. Canada also has an aging population. More and more people have to work in addition to caring for their parents. In situations where dependants have health problems or in potentially more serious situations such as kidnappings, why not give them more benefits and support as well?

In Canada, one in 30 people who are 45 or older look after people who are 65 or older. It is estimated that by 2056, one in 10 will have that responsibility. Thus, more and more people will need more and more help. And yet, it seems that it is difficult getting them this help. The bill before us is a step in the right direction. But, quite frankly, the government could have done much more to lend a helping hand to people in need. It is about time that the Conservatives learned that when you consult people you have to take their needs into account. The Conservatives must listen and get out into our communities. I hope that the other bills they introduce will provide more support than the one we are debating.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I thank the member for his very interesting speech. I really liked that he focused so much on the nuances of the committee's study of Bill C-44.

The NDP proposed eight amendments that apparently were not taken very seriously by the Conservative Party. That is unfortunate. The NDP listened to the testimony and worked on amendments. These amendments were rejected or dismissed, but nevertheless, the NDP will support Bill C-44, because we believe it is a good first step.

The Conservatives often use the demagogic argument that the NDP is opposed to this or that. I think that today is proof of the NDP's good faith and its desire to work together with the government. Even though the Conservatives are not receptive to the work we are doing on this side of the House, we are prepared to look at all of the options and to support initiatives that truly help families, victims and people in need.

I would like my colleague to comment on that and talk in more detail about the amendments that were proposed in committee and their relevance.

[Glenn Thibeault, NDP, Sudbury, ON]

Mr. Speaker, I will be splitting my time with the member for Gaspésie—Îles-de-la-Madeleine.

I am pleased to rise in the House today to speak to Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations.

In September I had the opportunity to speak to the bill at second reading and I am happy to have the chance to speak to it for a second time now as it has returned from committee. It truly is important legislation, which cuts across partisan lines, and is something that we can all get behind and support.

Broadly, Bill C-44 seeks to amend the Canada Labour Code, the Employment Insurance Act, the Income Tax Act and the Income Tax Regulations in order to implement new measures to allow workers to take leave and draw EI in the event of a serious illness of a child or the disappearance or death of a child due to a crime.

Specifically, Bill C-44 would make a number of amendments to the Canada Labour Code to expand leaves of absence available to parents. For example, it would allow for the extension of maternity and parental leave by the number of weeks that a child would be hospitalized during the leave. It would allow for the extension of parental leave by the amount of sick leave taken during parental leave as well as for participation in the Canadian reserve forces. It would grant an unpaid leave of absence for up to 37 weeks for parents of critically ill children. It would grant an unpaid leave of absence, 104 weeks I believe, for parents whose children had been murdered as the result of a crime or had disappeared as the result of a crime, and that is 52 weeks I believe. Finally, it would extend the period of absence that could be taken unpaid due to illness or injury without fear of layoff to 17 weeks.

Bill C-44 would also make changes to the Employment Insurance Act that would allow for the stacking of special benefits only. Maternity, sickness and parental benefits are special EI benefits. Benefits paid as a result of unemployment are known as regular EI benefits. Previously, a claimant was unable to stack these benefits, meaning if an individual was collecting regular EI benefits and a circumstance arose where that a person would need a special benefit, he or she would be unable to stack the special benefit on top of the regular benefit and receive the cumulative number of weeks of EI. The bill would create a new benefit for parents of critically ill children that would be stackable with other special benefits.

The bill would also grant an exemption to those on parental leave who needed to take sick leave from needing to prove that if they were not sick or injured, they would be available for work and would allow for special benefits to be taken back-to-back or in various combinations over a maximum of 104 weeks.

Last, the changes to the Employment Insurance Act would provide for 35 weeks of benefits for parents caring for a critically ill child. This is an important component of this legislation, which will benefit many families faced with the unbearable circumstance of having to care for children with dire conditions.

Bill C-44 would also make changes to the Income Tax Act to prepare the ground for a new grant to be paid to parents of murdered or missing children by stipulating the benefit would be considered taxable income but would also be tax deductible.

It goes without saying that New Democrats support these changes as we believe they will help ease the suffering of parents who need help.

However, the New Democrats realize that the legislation is far from perfect. That is why our caucus members moved a total of eight amendments at committee stage in an attempt to improve the legislation to ensure we would pass the best plan possible to assist parents or custodial guardians who were placed in these traumatic and financially difficult situations. Unfortunately, although these amendments were entirely reasonable and supported by witness testimony at human resources committee, the government's tendency to reject our amendments sight unseen was once again realized.

One such amendment would have changed the definition of the child to include dependent children over the age of 18. The importance of this amendment was articulated succinctly by Susan O'Sullivan, Federal Ombudsman for Victims of Crime. On October 23, she said:

I would just add that with the Canada Labour Code, one of the things we heard from victims on this is that they definitely see it as a positive step forward, but they would offer that the category should be broadened to include—and I think it reflects your comments—first of all, eliminating the age requirement.

We've just heard from Yvonne about the age of her daughter when she was murdered. There's this huge issue of whether your child is 18 or your child is 19, so eliminate the age requirement.

A second amendment put forward by the New Democrats sought to extend the leave for critical illness to two weeks after the child's death to give parents time to grieve and bury their child. According to Angella MacEwen, a senior economist at the Canada Labour Congress:

—after a missing child is found, the parents have 14 days; after a critically ill child dies, the parents have until the end of the week.

I think the labour standard in Canada for leave to grieve is only three days, so that would mean they would have an additional three days after that end of the week, which wouldn't even get them to the funeral, quite honestly.

I think that is almost cruel.

New Democrats sought to address this deficiency through the above mentioned amendment, yet the Conservatives refused to listen to witness testimony and voted against our amendment that would have given grieving parents a bit of relief during such a trying period.

Finally, New Democrats put forward an amendment that would allow the parents of murdered or missing children to take leave on a flexible basis rather than in consecutive weeks, without increasing the total, in order to allow them to deal with the judicial system. Once again, this important amendment was supported by witness testimony. Mr. Bruno Serre stated:

A period of 35 weeks is a good start...But if these 35 weeks must be consecutive, that isn't enough. People will have to attend trials a year and a half or two years later. When the trial or the preliminary hearing starts, people must have more time. During the trial, people can't go to court and then go to work....So a period of 35 weeks would be good. There should perhaps be an additional period. If the case is postponed to a later date, there should be a supplement of a few weeks. When there is a trial or a preliminary inquiry, time is absolutely needed.

Unfortunately, as has become routine in this Parliament, the government members refused to listen to reason when opposition parties tried to improve legislation by repudiating all of the important amendments put forward by the official opposition and, from what I have heard, the amendments from the Liberal Party as well. These were good, reasonable amendments. I emphasize my disappointment that the amendments were not accepted when they might have done a great deal of good for families caught in these unfortunate positions.

I reiterate the importance of giving grieving parents a bit of respite by passing the bill as soon as possible. Although I am disappointed that the Conservatives refused to work co-operatively with their counterparts at committee to improve the legislation, I know the components of this bill will assist many families in their time of need and I hope to see it passed very quickly.

Reiterating a few points, if we look at what was discussed in committee, there were a total of 17 amendments and the overview and theme of many of these amendments was to change the definition of “a child”, which I spoke to earlier, also to extend the leave of critical illness to two weeks after the child's death, benefits for parents of critically ill children and the last day of the week the child dies to give parents time to grieve and to bury their children.

I know no parents should ever have to bury their children. What we see in the bill is a good first step to ensure we can get families the support they need during these difficult times.

[Kennedy Stewart, NDP, Burnaby—Douglas, BC]

Mr. Speaker, I am standing today to speak to Bill C-44, an act to amend the Canada Labour Code and the Employment Insurance Act. We will be supporting the bill, as we have heard in the House this morning, but I do have a couple of comments that are worth noting.

First, I thank the critics on our side of the House who have been working on this and have provided us with very good information. One of my great pleasures since being elected is getting to know people and watching them work. I extend that to all members of the House. The committees often work very well and that is another real pleasure of this job.

It is a good bill because it moves beyond partisan politics in some senses and affects families in their greatest time of need. I will say a little more about this later. In the end, we support the bill because it would ease the suffering of parents.

In terms of background, Bill C-44 is an amendment to the Canada Labour Code and would extend the leave of absence available to parents. It would allow for the extension of maternity and parental leave by the number of weeks that a child is hospitalized during the leave. I cannot even imagine what it must be like to have an ill child. This would go some way to alleviate some of the intense stress that is felt during this period. I do wonder if this includes children who are hospitalized in private clinics or abroad , because that is not specified in the bill. That perhaps is something I will leave for another day, or perhaps, as the bill becomes law and it works through administratively, the extent to which this is extended might need to be revised as we move along.

The bill also would grant an unpaid leave of absence for up to 37 weeks for parents of critically ill children and would extend the period of absence that could be taken due to an illness or injury without fear of layoff for 17 weeks. Therefore, it would provide security for workers in uncertain times. We have had an update from the Minister of Finance, who is usually rosy and perhaps overly optimistic about the Canadian economy sometimes, but we have had a warning that perhaps things are not as rosy as they are made out to be, so anything we can do to alleviate stress is important.

It is also important to note that this change would apply exclusively to federally regulated industries. Hopefully, the provinces will make these changes to their own labour codes. This happened when compassionate care benefits were introduced.

Bill C-44 would make changes to the EI Act to allow for the stacking of special benefits, such as stacking maternity, sickness and parental benefits. That is something that could probably be explored in other areas as well. The new benefit for parents of critically ill children created by the bill would, of course, be stackable with other special benefits.

We support the bill and we are also glad to see that the bill has wider support within the community. For example, the Canadian Cancer Society, the Canadian Hospice Palliative Care Association and the Canadian Caregiver Coalition are all behind it. It is good to know and it is nice that we can all work together and move this forward.

There are some contextual problems that we might want to talk about a bit here, although the bill seems to be sound at this point. We are willing to overlook some of the problems in the hope that they may be amended in the future. At this point, there is a problem with funding. For example, in the Conservatives' 2011 platform, their most recent platform, they promised, “Funding for this measure will come from general revenue, not EI premiums”. It is important to recognize that the devil is often in the details here and we would have preferred the program to be funded out of general revenues. It does look like the Conservatives have ignored their promise. Although they have delivered on the act in substance, the funding could have come from general revenues. This costly measure comes at a time when the EI account has a cumulative deficit of $9 billion. We would be adding a small bit to that deficit.

More important, the government is avoiding much larger problems with the EI system in general. As we are giving comfort to those who are in need here, we also need to make amendments to the EI Act and the process by which EI is garnered by those who are out of work. We should be making changes in order to give those people comfort.

It is very tough to be out of work. We are in the midst of a great change in Canada where we are moving from a primary industry to a manufacturing-based industry and now much a more service-based economy where jobs are fluid. We have a duty federally, through the EI program, to ensure that people's stress is relieved as they go through the strange fluctuations in the job market. Right now, fewer than half of all unemployed Canadians are receiving EI benefits.

The other thing I want to make clear, aside from my general comments, is the idea that this is a very minor change. The minister has estimated, which we have heard in the House today, that this bill would affect approximately 6,000 Canadians per year. I do not want to at all undermine how much help this would mean for the 6,000 Canadians. Any small thing we can do to help people with critically-ill children is important, but it is a small number of people within the larger pool of 33 million-plus Canadians. There are still many unemployed Canadians who are not able to access regular EI benefits and this bill fails to address some of the larger issues at play. Since the Conservatives are willing to open the door a bit on this issue, perhaps we can open it much wider.

If we do the math, over 500,000 Canadians were receiving EI regular benefits in July of this year but almost 1.4 million were counted as unemployed. This means that there are almost 900,000 unemployed Canadians who are not collecting EI. If we think about the stress that means for these people's families, it would seem that some larger remedy is required in this instance, especially when we see unemployment rates of 7%-plus being maintained over the long term. The uncertainty in the global market, which we hear so much about from the other side of the House, means that perhaps 7% will linger for a long time or perhaps even increase, especially if the U.S. goes over its infamous fiscal cliff. That means fewer than 4 in 10 unemployed Canadians are receiving EI, which is a historic low.

I would be remiss if I did not pull this over into my own portfolio as critic for science and technology in terms of unemployment and how the government is dealing not only with unemployment but remedies to it. On the weekend, I met with constituents and heard from a former employee of MacDonald Dettwiler & Associates. This person was involved in the RADARSAT program, a program on which the government has made a policy decision to withdraw funding, although there was an initial commitment. This a four-stage program and the government committed to the first three stages and, in the end, has decided to withdraw funding. Because of this, 60 employees were let go from the Richmond MDA offices in B.C. and there is uncertainty as to whether the hundreds of highly-qualified people will be rehired.

The other day, the President of the Treasury Board bragged about how many thousands of people he has thrown out of federal jobs. I think the number was 11,000 and that the goal of the government was 20,000. This will only move people onto the EI rolls. The best minds will, of course, leave the country but the people who were in jobs of a more technical nature will be on EI. It is really important to ensure that if the government is going to make these moves, which it should not, it should ensure that EI is accessible for the people who need it. In this case, it is short-term pain for even worse long-term pain.

While we support this bill, as it would help families the most in need, it leaves a lot of larger issues unaddressed. We call on the government to follow our suggestions and open this up to a much larger debate.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I would first like to say that I will be sharing my time with the hon. member for Burnaby—Douglas.

I rise today to once again discuss Bill C-44, which, as we know, proposes changes to the Canada Labour Code and to employment insurance.

Clearly, I welcome the measures proposed by the government as good news because they provide direct assistance to Canadian families that are experiencing great hardship. What the government is proposing will allow families to take time off and collect employment insurance benefits if their children become critically ill or if they die or disappear as a result of a crime. As I have said many times in the House, the NDP will always be there to support parliamentary initiatives that help ease the suffering of parents in need so that they can recover from difficult situations or take care of their sick child.

Although we are nearing the end of the legislative process, we must still debate certain aspects of this bill, which is a good initiative in and of itself. However, we must ask ourselves whether the bill proposed by the Conservatives is being applied in an acceptable way and whether it goes far enough. In short, although we may support the basic idea, we still think that there is room for improvement.

Bill C-44 has already been debated at first and second reading and examined in committee. Obviously, members of Parliament are aware of the content of this bill, but I think that it is relevant to review the proposals in order to shed some light on those that, in my humble opinion, should be improved.

Among other things, Bill C-44 would allow parents to extend their maternity and parental leave by the number of weeks that their child was hospitalized, and to extend their parental leave by the number of weeks of sick days taken during the parental leave and by the number of weeks spent serving in the Canadian Forces Reserves. It grants unpaid leave of up to 37 weeks for parents of gravely ill children. It also grants a maximum of 104 weeks of unpaid leave to parents of children who are killed as a result of a crime and a maximum of 52 weeks of unpaid leave to parents of children who disappear as a result of a crime. Lastly, it also extends to 17 weeks the period of unpaid leave that can be taken as a result of illness or injury without fear of job loss.

Bill C-44 also creates a new benefit that can be combined with other special employment insurance benefits, but only in the case of parents of gravely ill children.

Many of these ideas are good signs. However, in a previous debate, I expressed my concerns about the fact that the government's proposal did not do enough, since it excluded protection for women who lose their jobs after returning from parental leave, because Bill C-44 does not allow for special benefits to be combined. Unfortunately, this legislative black hole exists and is negatively affecting many Canadian families. There have been some disturbing stories in the news in recent months. It is unacceptable to abandon mothers who are dismissed when they want to return to work after parental leave.

The Conservatives are certainly missing a perfect opportunity to help mothers who are fighting tirelessly for greater justice in terms of eligibility for employment insurance. I would like the Conservatives to explain to Canadians why Bill C-44 is limited to special benefits. Why does it not allow women returning from parental or maternity leave to receive regular benefits if they return to work and discover that they have been laid off or that their job has been eliminated? How can the government justify this to these families?

The NDP believes that Bill C-44 does not do enough here. We will continue to fight to ensure these women have the right to employment insurance after a dismissal for which they were not responsible.

On another note, I would like to discuss the work done in committee. I would like to take this opportunity to applaud the efforts of my opposition colleagues who proposed reasonable, constructive, logical amendments that would expand the scope of this bill beyond the original version. In total, 17 amendments were proposed and studied. We hoped that after all of the meaningful debates and excellent analyses in this House in recent months, the Conservatives would be open to discussing and negotiating certain aspects of the bill that could be improved.

Most of the amendments dealt with the following: amending the definition of “child” in order to include dependent children over 18; extending the period of leave for critical illness by two weeks following the death of a child—benefits for parents of critically ill children end on the last day of the week during which the child dies—in order to give parents the time to grieve and bury their child, at the very least; and allowing parents of murdered or missing children to take leave in a flexible manner rather than consecutively, without increasing the total amount of leave, in order to allow them to tend to legal matters, such as the trial of the person charged with murdering their child.

Not one of the proposed amendments was kept by the Conservatives, which proves that they are not interested in the opposition's good ideas. I have to say that I deplore the Conservatives' unilateral approach in committee, when—as Canadians—we are supposed to enjoy a democratic system that allows for openness, transparency, discussion in good faith and negotiation throughout the legislative process that ultimately shapes the daily lives of Canadians.

It is also vitally important to take into consideration the testimony by experts who specialize in various fields in order to enlighten Parliament and its members in their decision making and in the drafting of bills.

At the October 23 committee hearing, Susan O'Sullivan, the Federal Ombudsman for Victims of Crime, said:

I would just add that with the Canada Labour Code, one of the things we heard from victims on this is that they definitely see it as a positive step forward, but they would offer that the category should be broadened...

We've just heard from Yvonne about the age of her daughter when she was murdered. There's this huge issue of whether your child is 18 or your child is 19, so eliminate the age requirement.

In his testimony on October 23, Bruno Serre had this to say:

A period of 35 weeks is a good start. It depends on the person and the situation, but 35 weeks is still a good amount of time.

But if these 35 weeks must be consecutive, that isn't enough. People will have to attend trials a year and a half or two years later. When the trial or the preliminary hearing starts, people must have more time. During the trial, people can't go to court and then go to work. I know this because last year, during the preliminary inquiry, we attended hearings and had to go to work two days later. It is very difficult and it takes time.

When she appeared before the committee on October 30, Angella MacEwen, senior economist with the Canadian Labour Congress, explained that after a missing child is found, the parents have 14 days of leave; after a sick child dies, the parents' leave ends at the end of the week. She thought that according to the labour standards in Canada, leave to grieve is three days, which means that they would have an additional three days after the end of the week, which, quite honestly, would not even get them to the funeral.

I think that is almost cruel.

The Conservatives should take this testimony into consideration, and it must be debated while there is still time. I hope that in light of all of the debates that have taken place on Bill C-44, the government will embark on some thoughtful and careful reflection on what experts and the opposition are proposing. This is about the well-being of Canadian families who are already suffering through terrible tragedies.

However, I support Bill C-44, because it is definitely a step in the right direction. I would like to acknowledge the work the Conservatives did on this bill, even though it is not perfect.

A great deal of work remains to be done, but I am convinced that we are starting with a solid foundation that, regardless of ideologies and partisanship, meets a real need in our society.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, the member's question should be raised with the minister directly. He should talk to her about the concerns he has, which are similar to ones I have had expressed in my constituency office as well. People sometimes wonder why those deductions are made. Sometimes it requires changes to the Income Tax Act as much as other legislation to see the deductions negated if people are not going to qualify for EI in the future.

Bill C-44 is about helping families in need that are dealing with some of the most difficult times in their lives, watching loved ones, their children, suffer very serious illnesses and injuries that are often terminal with no recourse. That is why it is important for us to remember those families. In my home town the Jonathan Watson memorial bonspiel will take place in the next month. That memorial bonspiel is a charity that raises funds to support health care and research for children and children's diseases. I would encourage everyone to participate in not only those types of fundraising events in my riding, but similar events right across the country.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, I am pleased to speak to Bill C-44, the helping families in need act, which delivers on several of our commitments to support Canadian families as we seek to help them balance work and family responsibilities.

The legislation supports parents of murdered and missing children, and parents of critically ill children. It also provides enhanced access to EI sickness benefits for parents who fall ill while receiving EI parental benefits. The amendments proposed in the helping families in need act will allow us to offer new support measures to Canadian families at a time when they need it the most.

For parents, it means they will not have to quit their jobs to care for critically ill children. For employers, it means retaining valued employees who, otherwise, would have had to give up their jobs to care for a child who is critically ill. For children, it means they can have their parents at their sides during the most difficult times they will ever face in their lives.

Children who are critically ill require not only ongoing care, but they need the love and emotional support of their parents during this time of need. I am extremely pleased to see our government taking action to help the parents of critically ill children. In fact, since I was first elected in 2004, one of my first orders of business was to table a motion calling for just this kind of support.

Before politics and after I was first elected, our neighbours had a son, Jonathan Watson, who was terminally ill with neuroblastoma. We witnessed first-hand his courageous battle, his tremendous spirit and how he was just so loved, not only by his family but by our entire community of Teulon. They farmed just down the road from us. It was an incredible hardship for them to deal with all the emotional stress of caring for their son who for seven years fought this terrible disease, which he finally succumbed to.

Brenda, his mother, had to give up her job to be with him full time. His dad had to take on two jobs just to support the family. They did quite a bit of the surgery and care down in the U.S., because the surgeries were just not available in Canada. It took an incredible toll on the entire family, a family of very dear friends.

Jonathan wanted to raise awareness of the battle he was going through. His parents, Ken and Brenda, wanted to raise awareness of their struggle. Using the Candlelighters organization, which gave them a lot of support, along with the tremendous support they got from the community, there were fundraising events. There was also charitable giving, because we knew of the financial hardship the family was going through. We also witnessed their having to pretty much end their farming careers because they just could not afford to put the time into two jobs and the farm while Jonathan dealt with his reoccurring illness, which finally got the better of him.

One of the things Jonathan did that I was able to participate in a little bit was that he twice participated in a car push. He was the driver of a car and a couple of strong men pushed the car for an entire weekend, ongoing, to break the Guinness world record for the longest car push. It was a fundraising event to raise awareness, as well as to raise support for medical research for children's diseases. It was something he was incredibly proud of and we were all quite proud of his participation in it. It was his idea and he was able get involved with a couple of great big guys and do it over a weekend.

I introduced a motion back in November 2005. Motion No. 309 said:

That, in the opinion of the House, the government should provide income support payments, expanded parental leave and tax relief to parents, legal guardians or family members leaving work to provide home care to critically and terminally ill children requiring full-time palliative care as certified in a letter from a medical practitioner.

I called that Jonathan's bill. I was quite pleased that in the following Parliament my seatmate, the member for Leeds—Grenville, brought forward Bill C-542 in the 39th and 40th Parliament, and again in this Parliament, Bill C-371, which called for the exact same types of support for families dealing with children who are critically and terminally ill, and also made sure that we have the EI support and employment protection reforms in place. He carried the ball on that in the Parliaments after I originally tabled the motion. It is something I am very proud of him for doing. He worked very closely with Sharon Ruth of Kemptville, a constituent of his, and she has worked hard on this issue, and I want to congratulate both of them.

Parents of critically ill children face difficult choices. In addition to the emotional and physical stress of caring for a critically ill child, many parents must choose between continuing to work to support their families or incurring financial hardship when they temporarily leave work to care for their child.

Are loving parents willing to take leave from their jobs in order to be with their ill children? Of course they are. Should these parents be provided with as much support as possible so they are not penalized for being with their families in time of need? Most members in the House would believe that is true. I hope all parties would support that and all members would have the same realization as we do on this side of the House. Indeed, in a 2006 study of EI compassionate care benefits, it was found that parents of children receiving curative treatments, such as chemotherapy or having major surgery, are likely to quit their jobs to be with their child regardless of the prognosis. I think all of us as parents would do the same thing.

Between 40% and 63% of families who have children with cancer lose income because they work less while they care for their sick child. Loss of income and out of pocket expenses for travel, accommodation and payment for medical supplies can account for nearly 25% of the total disposable income available to these families. As I mentioned with the Watsons, it was even higher than that because they had to go to the United States for the care, treatment and surgeries for neuroblastoma on Jonathan.

Our government wants to ensure that these parents do not suffer undue financial hardship any longer and that we support them and their families during these difficult times. That is why we have created this new EI benefit that would provide temporary income support for eligible claimants who take leave from work to provide care and support to a critically ill child. These measures would be available to parents of a critically ill child under the age of 18 and would provide support for up to 35 weeks. As I said before, we will also amend the Canada Labour Code to allow for unpaid leave for employees under federal jurisdiction to ensure that their jobs are protected if they take time off to care for a critically ill child.

These changes are not simply worth doing, they are the right thing to do to support Canadian families. I am pleased to hear that the NDP and the Liberals will be supporting the bill. The families that this legislation supports need this help as soon as possible. It is too late for the Watsons, but in talking to Brenda and Ken, they want to see that this help is there for families who are going through the same experience that they went through back in 2005 and the seven years previous to that.

One of the areas that has not received much attention from previous governments is supporting families who have been negatively impacted by crime. This is perplexing because it is quite possibly one of the most difficult experiences a parent could ever go through: the loss or disappearance of a child as a result of a criminal act. That is why parents who work for a federally regulated employer who take a leave of absence from work to cope with such circumstances will also receive job protection under this legislation. We will also be providing financial help to parents through the new federal income support for parents of murdered or missing children. This grant is expected to be available as early as January 1, 2013.

Another portion of the bill that would have a significant economic and labour impact is enhancing the access to EI sickness benefits. Under the bill, the Employment Insurance Act would be amended to allow parents access to EI sickness benefits if they fall ill during the time they are on EI parental leave. If a parent is already on parental leave to care for a newborn and then fall ill with cancer or something that would take them out of the workforce for a lengthy period of time, they could still access those EI sickness benefits after the parental leave.

These combined initiatives, which our government is proposing in the helping families in need act, are just some of the actions taken by our government to help Canadian parents balance work and family responsibilities. The bill is in addition to the measures we have already brought in, such as expanding eligibility for compassionate care, allowing the self-employed to opt into the EI program to access maternity, parental, sickness and compassionate care benefits, and improved access to EI parental benefits for military families. The initiatives in the bill underscore our government's commitment to support Canadian families and help them through the times when they are most in need.

I want to thank the Prime Minister for originally introducing the bill and talking about it. I also want to thank the Minister of Human Resources and Skills Development for bringing it to the House and, as I said, the member of Parliament for Leeds—Grenville, as well as the families and the non-government agencies such as Candlelighters that have been promoting and lobbying for these changes for so long, families such as the Watsons and the Rudys who have been affected by these unfortunate incidents, as has the hon. member for Brant with his own family.

[Kellie Leitch, Conservative, Simcoe—Grey, ON]

Mr. Speaker, I am sorry that I do not meet the intellectual quota for the member opposite, but I will say this.

Parents have told us that they need Bill C-44 expediently so that they can benefit from it. Whether they be the parents of a child who is critically ill, a child who is missing or a child who has been murdered, they need that time to be with their family. That is why they want this bill in place immediately. That is why we have expedited it.

I appreciate the support of the opposition to make sure the bill is expedited so that Canadian families can benefit from it immediately.