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.

Helping Families in Need Act

[Paul Calandra, Conservative, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, I would like to thank my hon. colleague for almost answering that question. He can help me if I am wrong, but I think what he did say is that the NDP never once talked about this when it was cutting deals to keep the Liberal government in power, or when it was cutting deals to try to circumvent the popular will of the Canadian people when they voted to put this government into office. Principle is not something the NDP actually stands on. The NDP members like to make great speeches that they do not really believe in, but when push comes to shove it is all about their trying to get on this side of the House. They do not actually stand for anything.

I say to the NDP that it is probably not a strategy that works very well because look what it did for the Liberals when they stood for nothing. They got into that little corner of the House.

Could the hon. member reiterate for me if he believes this is a good policy. Does he and the Liberal Party believe that this will actually help Canadian families who are in need? Is he and the Liberal Party, unlike the NDP which always makes its decision before actually reading anything, willing to work with the government to actually improve the situation of Canadian families across the country?

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

Mr. Speaker, the member is asking me to say something nice about the piece of legislation, but I will wait for the technical briefing. I stuck my neck out. I actually believed the Minister of Human Resources when she said she was going to increase the amount Canadians could earn working while on claim from 40% to 50%. She said nothing about taking away the allowable earnings. She said nothing about that at the time. That came out six months later.

When she came out with a grand plan, I said “kudos” to the minister. My colleagues in the committee would know I did. I said it made sense, that it was a good pilot project to go from 40% to 50%. How they jigged that up, I am not sure. They must have people staying awake at night wondering how they can stick it to the most vulnerable in our country.

If we go to the briefing tonight and the bureaucrats can answer our questions satisfactorily, then I might come back and say yes, it is good for Canadians.

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, I am pleased to stand today in support of Bill C-44, the helping families in need act.

Before I make my formal remarks, I would like to extend my appreciation to both the NDP and Liberal Parties for their support of this bill, even though at this point it sounds like there may be some conditions around that. I think this is a great example of what some parents and groups across the nation consider a revolutionary change and, certainly, a compassionate new way to recognize those most in need.

The bill contains three measures that will help Canadian families at a time when they most need it. These include EI benefits for parents of critically ill children, enhanced access to sickness benefits for parents receiving EI parental benefits, and federal income support for parents of murdered or missing children.

Thankfully, we have a Prime Minister and government that understand that families are the building blocks of our society and recognize that parents should have the option of being with their children at a time of crisis, without fear of losing their job or financial security.

I would also highlight the work of the member for Leeds—Grenville in his private member's bill on this matter in the last two parliaments, which acted as a catalyst for these changes to be made in this very compassionate bill. As well I would recognize the member for Selkirk—Interlake who moved a motion in 2006 on this topic and has been a determined advocate for parents of critically ill children.

Today presents a rare opportunity for me as a member of Parliament to connect with an issue so personal and so close and to tell a story that I have never told in public before. I stand today to speak for the many families whose lives will suddenly be turned upside down and irreversibly changed when told that their child has a life-threatening critical illness, or has been murdered or is missing and cannot be found.

The Canadian Cancer Society reports that today and every day in Canada four families will receive the news that their child has life-threatening cancer diagnosis. That is four today, four tomorrow and four every day.

Twenty-four years ago my family and I received the news that our two-year old son was critically ill with a very high-risk, life-threatening leukemia. The odds of his survival were slim.

The news was delivered on a Saturday afternoon, and our son was transferred immediately from our local hospital to the McMaster oncology unit in Hamilton where toxic chemicals were injected into his body to arrest the blood cells gone wild. Remission happened two weeks later, and an aggressive two-year chemotherapy and radiation protocol was put into place after the McMaster team of doctors determined that is what would be necessary to cure our son.

We spent over 270 days in hospital over those two years. Our son went through cranial radiation, spinal cord injections, and toxic chemicals were regularly put into his body. However, there was always one parent by his side. We quickly realized that we were not unique: there were 8 to 12 other families at the McMaster oncology unit at any point in time, at different points in the process.

It is true that cancer does not discriminate. It does not discriminate by social situation, economic situation or, for that matter, any situation that people find themselves in.

I was self-employed and, frankly, I had never had the opportunity to participate in EI. It was never available up until the time our government changed it to enable self-employed people to become part of the EI program. Now our government has set the platform for self-employed people to become part of the EI program. Even then, some 24 years ago, that was not possible. Our government corrected that.

We also learned at the time that for those with life-threatening conditions, much more is needed for them to get better than just round the clock medical care. Our children need the comfort of their parents and their family beside them.

Our son Jordan is a miracle child. Now 26, he is here with us today in Ottawa, a cancer survivor after having beaten the odds. He is a unique young man because, like many who received the same treatment protocol, he suffered brain damage as a result of the combination of cranial radiation and a very aggressive chemotherapy used in his treatment protocol. There are many families who face such circumstances and no parent should have to choose between a job and supporting a loved one.

I can tell many stories of the families we met at the McMaster oncology unit. However, I will tell one that has stuck with our family ever since we spent two years at that unit. It is the story of a 16-year-old girl who was in the room next to our son's. There were times we could go home and then back. As I said, we spent over 270 days in hospital. However, every time we went back, she would be on the ward, experiencing yet another trial of a bone marrow transplant or some other experimental drug to try to save her from this dreaded disease. The one time we were there, her entire family had gathered around her because all of the treatment options had been exhausted for her. There she was, a beautiful young girl aged 16, with her family around her saying goodbye to her because the end was near. This is not an unusual story, as there are children of many ages who are being treated today at many hospitals across this country.

As we have said here today, this would immediately help 6,000 families. It will help everyone as it goes forward. When we are told by the opposition that their support is conditional, we say that it should not be conditional. This should have happened a long time ago under previous governments, for all the people who are currently experiencing this.

What Sharon Ruth said at the announcement last week about her daughter and her situation absolutely parallels our experience and that of many other families. She has been such a strong advocate through the years, via the member for Leeds—Grenville, to bring it to where it is today. Therefore, criticism from the opposition saying that this is conditional is absolutely unacceptable to my mind.

As was also mentioned, the helping families in need act will also provide federal income support for parents of murdered or missing children. I would be remiss if I did not highlight the work of my caucus colleague, Senator Boisvenu, for his tireless advocacy on behalf of victims of crime. It is based on his personal experience from the tragic loss of his daughter, who was murdered. He took up this matter and his advocacy work has led to this part of this proposal. For far too long, families who are touched by a traumatic circumstance of a criminal act committed against a family member have not received the support they need and deserve. As Senator Boisvenu would say, the unique situations families face when seeking justice within the criminal justice system require a unique measure to support them during such a trying time. These measures expand on and complement other government supports for parents, many of which have been strengthened by our economic action plan.

Our government recognizes that it is difficult for working Canadians to balance their job and their desire to care for family members with a serious illness or disability, or cope with the trauma of a missing or murdered child. I personally cannot imagine what receiving that news would be like.

I am hopeful that the opposition will be supporting this legislation as they said they would, because this legislation needs to be passed quickly to meet our government's ambitious timelines for implementation.

I cannot put it better than Sharon Ruth, the mother of a cancer survivor. She spoke last week when we announced this new bill. She said the following:

My hope is that this legislation passes quickly and without incident. I know all too well what it's like to suffer the emotional and financial devastation of a child with a cancer diagnosis. The sooner our government can bring relief to those thousands of families across Canada currently navigating this life-altering journey, juggling jobs, bills, treatment and hope, the better.

It is pretty hard to argue with that. I call on all members of the House to support the speedy passage of Bill C-44, so we can deliver this much needed help to families in incredibly difficult circumstances.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, I want to thank my colleague for his comments and the quite touching stories and family histories he gave us.

While we do support the notion of the bill, I think some on the other side might agree that this is only the beginning of the changes to EI that are necessary to make it easier for families in this country.

For example, women are discriminated against because if they are receiving maternity benefits, they cannot quality for regular EI if they are laid off after they return from maternity leave.

The Liberals brought in a measure which lowered the rate payable from 60% to 55%. It was supposed to be temporary because of a temporary blip in the economy, but it has been there ever since and no government has ever done anything to put it back to what it was.

Would the member comment on these two issues and whether these things need to be fixed in the EI system as well?

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, today's discussion is about a totally different subject matter than the hon. member brought up.

However, if he looks at the track record of what our government has done since we have taken office to help improve employment insurance for those who are in true need, he will see about six steps to set the platform to where we are today. I alluded to one in my speech, which is with respect to people who are self-employed. They are typically small business owners like myself. I had a small company with a workforce of about 15 to 20 individuals, yet I could not be part of an EI program. Our government corrected that.

Our government has gone on to provide more benefits, greater benefits, with the things we have done to employment insurance since we have been elected than any of the previous governments that I have watched through my lifetime.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, I would like to thank our colleague for sharing his very personal and moving story and how it applies to the legislation before us.

Would the member please describe the program itself, the new benefit, how long it lasts, who qualifies, and how it is different from the compassionate care benefit?

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, it is proposed, if the legislation passes, to be a 35-week additional benefit of income support for parents over and above their regular EI benefits to get them through that critical period of time when helping their child get through a life-threatening illness. The key element is that it will add to the current EI protocol by 35 weeks.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I thank the member for Brant for outlining what has to be a very difficult personal story.

My problem with the legislation and some of the comments made today is the experience we have had with the Minister of Human Resources and Skills Development. We had a debate in the House yesterday and the minister in question period today came back with different examples than she has been using all along. The minister said that everyone would benefit and we know now that is not the truth.

We have not had a briefing on this legislation yet; it will not happen until tonight. I know what the legislation says is wonderful and in glowing terms. In fact, I agree with what it says in the summary of the bill. Many of us have been advocating for a long time that the sick leave under the current EI legislation is not adequate for MS, cancer and many other cases.

Could the member give us some assurance that at the end of the day we are not going to get caught short by the minister again, who obviously does not know her files, who put previous changes into the act which were found to be wrong? There are people suffering in my region as a result of that.

Can the member give us any assurance that what the minister claims is accurate?

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, I thank the member for the sentiment of the question, but it is quite a characterization he has given to a minister who has actually stepped up to the plate and held an election commitment. Let me read what Dan Demers who represents the Canadian Cancer Society said at the press conference:

I think It's critically important that we acknowledge that in the last election, this government made a commitment to parents and families who are caring for children in the most difficult situations we can imagine and today, we're not only seeing the government take action to fulfill this commitment, but they're moving in this town at lightning speed--

That is in total conflict to what the member just described. The minister realized there was a need, created the legislation to take care of that need, and put it together while being advised by people like me and Sharon Ruth who are in the situation.

I assure the member that we have this right. This is the right step to take and it is because of the commitment of the minister.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, similar bills have been introduced, some of them even by Conservatives. Several bills about this issue were introduced in previous Parliaments. Other bills have focused on other issues, other important changes that should be made to employment insurance. Earlier, I asked another colleague a question about this. Who could forget Marie-Hélène Dubé, who urged the government to extend the employment insurance period for people with critical illness?

We support these measures, but we think it has taken too long. This seems a little piecemeal. It is as though the minister is trying to make us all forget the many disappointments there have been so far on the employment insurance front.

Can my colleague tell us, first, why it took the government so long to introduce these measures, and second, when the Conservatives will do more to help the people who have to resort to the employment insurance system?

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, the member's comments and question are somewhat misdirected. We are witnessing a government bill which was introduced in previous Parliaments in private members' bills and motions. He is absolutely correct about that.

The Conservative government has said we need to take the first steps in making sure we provide the supports that families who are in true need have to have, so they do not have to worry about the economics of their situation.

In previous Parliaments those motions were opposed. The opposition was stalling and not allowing this kind of legislation to go forward.

That is the history of this. We are taking action.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I, too, want to congratulate my colleague from Brant not only on a great speech but on the amazing care and compassion I have witnessed his family give to Jordan over the years. I had the privilege of meeting Jordan yesterday in the lobby.

My colleague outlined a number of the changes that have occurred in terms of self-employed individuals, which our EI system now recognizes, as well as the number of weeks that are provided. There is one key element that is different and which was discussed in the parliamentary committee on compassionate care. It was the change to the definition of when people could use the EI benefit being the parent of a terminally ill child or the parent of a gravely or critically ill child.

I wonder if my colleague could comment on how important that is to parents and how important it would have been had that been in place when his family faced its very difficult situation.

[Phil McColeman, Conservative, Brant, ON]

Mr. Speaker, what is most critical is the continuity of parents being with their child throughout this. The child could be less than a year old up to 18 years old. Families and parents need the ability to focus on the continuity of the care of the child and making sure everything possible is done to create the circumstances to make the child well.

I believe that is what the member was asking. This bill accommodates that.

[The Acting Speaker, Conservative, Bruce Stanton]

Before I recognize the hon. member for Saint-Hyacinthe—Bagot to resume debate, I must inform her that I will have to interrupt her at 5:30 p.m., at the end of the time provided for government orders.

Resuming debate, the hon. member for Saint-Hyacinthe—Bagot.

[Marie-Claude Morin, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I am pleased to rise here today to speak to this bill. Before I begin, I would like to inform you that I will be sharing my time.

My parents know what it is like to have a sick child at home. It was very difficult for my family at the time, and not only in terms of finances. It is especially worthwhile that the bill provides something for parents in this situation.

We in the NDP support Bill C-44 to amend the Canada Labour Code, the Employment Insurance Act, the Income Tax Act and the Income Tax Regulations. These new measures will allow workers to take leave and receive employment insurance benefits if their child were to become critically ill or die, or disappear as the probable result of a crime.

Bill C-44 makes a number of amendments to the Canada Labour Code in order to increase the amount of leave parents can take, which I think is a very good thing. We do not always disagree with the members opposite. The bill allows 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 sick days taken during the parental leave, and the same goes for time spent serving in the Canadian Forces reserve.

It grants unpaid leave of up to 37 weeks for parents of gravely ill children. It also grants 104 weeks of unpaid leave to parents of children who are killed as a result of a crime and 52 weeks of unpaid leave to parents of children who disappear as a result of a crime. It also extends the period of unpaid leave that can be taken as a result of illness or injury without the fear of being laid off after 17 weeks, which is also worthwhile.

I must point out that the Canadian Caregiver Coalition congratulated the federal government on the new, extraordinary employment insurance benefit that it proposed for parents who take a leave of absence to care for a child who is critically ill or injured. We are talking here about parents but, in all cases, caregivers are the invisible backbone of our health care system. We must not ignore that fact, and we must help these people. They take on various key roles in caring for children, parents or other family members who need assistance as a result of an injury, a long-term illness or a disability. The coalition estimates that approximately 5 million Canadians provide unpaid care to their loved ones, many of whom are their children or other family members.

We support this initiative, which is designed to help families of murdered or missing children so that they do not have to worry about money. When parents have a sick child at home, they do not need the added burden of worrying about how they will make ends meet, how they will pay for food, their rent and their child's medication, which is extremely expensive. This is a worthwhile measure for parents and for sick children who need their parents.

I would like to speak a little bit about my own experience. I had a little sister who was sick when I was young. My mother was able to stay with her, but how many times have I seen parents who are heartbroken at having to leave their child alone at the hospital because they have to go to work? It is an indescribable feeling. I am not a mother; I can only imagine what I would be like.

We support this initiative to extend parental leave and to provide financial benefits to parents of sick children, whose priority is to be full-time parents.

We also support the new right to combine special employment insurance benefits. Thus, a parent who becomes ill or is injured while on parental leave will not have to give up time with their child. Parents with sick children often suffer from burnout.

Support for this bill has nothing to do with ideology or partisan politics. It is a matter of helping the families who need help, both parents and children, since we know that when we help parents, we automatically help their children.

However, I find it deplorable that these measures do not address the more challenging issues with employment insurance, such as Canadians' lack of access to employment insurance benefits. We have been working on this for a long time. We want a comprehensive reform of the employment insurance system.

These are worthwhile measures, but we could do even more. We want employment insurance to be accessible to and effective for all Canadians.

As for the provisions that will enable parents to apply for sickness benefits while receiving parental benefits, the minister estimated that this could help about 6,000 Canadians a year. Although I think this is a good measure—I have said that from the beginning—about 870,000 unemployed Canadians are unable to receive regular employment insurance benefits. Moreover, this bill does not address some important issues, such as the fact that about 500,000 Canadians received regular employment insurance benefits in July 2012, while there were over one million unemployed Canadians that same month. This means that more than 800,000 unemployed Canadians were not entitled to employment insurance. In fact, fewer than 4 out of 10 unemployed workers receive employment insurance, which is the lowest rate ever.

For example, in Saint-Hyacinthe, in my riding, the current unemployment rate is 6.7%, and in Acton Vale, also in my riding, the rate is 7.9%.

In the past year, there has been no real change in Saint-Hyacinthe's unemployment rate . On the same day last year, the unemployment rate was practically the same. This year in the winter period, when there is usually an increase in the unemployment rate due to seasonal workers, there was an unusual spike in the unemployment rate. The same phenomenon was also noted in the Acton Vale region. These are rather eloquent examples of the problems related to employment insurance.

It seems that unemployment rates are not declining, which means that more and more people must resort to employment insurance. In its current form, the employment insurance program is not accessible or effective.

The measures in Bill C-44 are good and might be effective, but I do not believe that they benefit enough people. In fact, parents could find themselves in this situation and not be entitled to employment insurance.

It goes without saying that we support these measures because we believe that they could help alleviate the suffering of some parents in need. Unfortunately, these measures will not help enough people.

In conclusion, we will support these measures, but there must be adequate funding for them. We need to completely reform employment insurance and include such measures.