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

[Charmaine Borg, NDP, Terrebonne—Blainville, QC]

Mr. Speaker, I would like to congratulate my colleague on his excellent speech. He raised several very good points.

For women who lose their jobs at the end of their parental leave, this bill does not go far enough and does not allow them to combine special and regular benefits. What can the NDP do? It must continue to fight for women's rights in order to obtain employment insurance benefits for women who lose their jobs immediately after they return to work. The Conservatives clearly have overlooked this aspect. They have not thought about that.

I would like to hear what my colleague has to say about this issue.

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

Mr. Speaker, I would like to congratulate my colleague for the excellent work she is doing in her riding.

To answer her question, it is certain that the Conservatives could have done much more. I want to point out again that one of the current government's main problems is its lack of consultation. Parliamentary committees and witnesses bring up issues with bills. But the Conservatives often do not listen. Communities, mayors and reeves send comments to ministers, but these ministers rarely listen.

I think that one of the major problems is that the government is working in the dark. Naturally, some bills are poorly written and do not adequately address needs. The government does not take the time to listen to the public. I am very disappointed in this government for not taking the time to listen.

As for the women who want to return to work and could lose their jobs, that is a real shame. The Conservatives must absolutely do more by consulting the public and asking what it could change. Employment insurance should address the needs of Canadians.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I thank my colleague for his speech. He raised some very important points.

First, he said that we support this bill, which helps families when they need it most, especially during exceptional or traumatic situations.

He also addressed another issue that concerns many Canadians when he spoke about the major challenges facing employment insurance. I would like him to speak to that a bit more. What challenges are Canadians facing when it comes to EI?

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

Mr. Speaker, I would like to once again commend my colleague for the excellent work that she is doing in her riding of LaSalle—Émard. Her constituents surely have not had such a good representative in a very long time.

There are many challenges associated with employment insurance. Once again, I object to the fact that the government failed to consult Canadians on the changes that it made to employment insurance. We could have been on our way to fixing the major problems with the Canadian economy with a tool as strong as employment insurance.

However, once again, the Conservatives have turned away from the road that we should be taking and are starting with small steps. Six thousand claimants will benefit from the bill before us, and that is something. The health of Canadian families is very important.

Meanwhile, the other 870,000 unemployed workers who are not eligible for employment insurance benefits are asking for our help. They want us to be there for them. The government is simply not meeting their needs. I urge the government to go to regions such as mine that have seasonal economies and see how doing away with the spring gap pilot project will have an extremely detrimental effect not only on families and their children but also on the Canadian economy in general. This is no way to manage a country.

[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.

[The Acting Speaker, Barry Devolin]

Order, please. The time for government orders has expired. The hon. member for York West will have six minutes remaining when this matter returns to the House.

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.

[The Speaker, Andrew Scheer]

The hon. member for York West has six minutes left to conclude her remarks.

[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.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, we do support this particular bill. It would help a number of people in that bracket. However, there is a bigger issue around the EI program itself. In my riding, people have had a hard time reaching out to Service Canada to fill out their claims. They are having difficulty reaching somebody at Service Canada, which is because the Conservatives have cut the EI program for many years. Four out of 10 people who need EI are having trouble qualifying for it.

Has my colleague heard similar complaints about EI issues in her riding?

[Judy Sgro, Liberal, York West, ON]

Mr. Speaker, I have heard a variety of complaints about people having difficulty accessing the various services. Clearly, the closing down of so many offices around Canada makes it difficult.

I recently visited Service Canada and the lineup of people was out the door. The number of people who did not know how to use a computer and were asking for help was quite overwhelming. If people have sick children or ailing loved ones and they need to go to the government for help, it should be easy to do. What I saw last week and what I am hearing from my constituents and colleagues is that it is very difficult to access it. It is great for the 20-year-olds but I saw an awful lot of people last week who were probably in their late thirties who do not work with computers, were not able to access the system and had to wait in a long line for Service Canada people to help them.

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

Mr. Speaker, the one thing that stands out in my mind is the way the Conservatives have ushered this legislation through. I know my colleague supports the spirit and intent of this legislation. Who would not as it would probably help 6,000 to 7,000 Canadians each year. However, it could have been better. Had the government provided an opportunity for amendments at second reading, some changes could have improved the lives of Canadians because a lot of them will be excluded.

Canadians would require 600 hours of work in order to qualify for this benefit but more and more Canadians are working part time now. The Conservatives like to pat themselves on the back for the jobs they have created, but the fact is that where it used to be that one in eight jobs in Canada were part time, it is now one in seven jobs. More Canadians are working part time and, if they do not qualify, they will not benefit from this support.

The Conservatives presented a technical briefing at the end of second reading. Does the member see this is another example of the government abusing the process of the House in order to pass the legislation it wants to pass? It is an abuse of the procedures of the House. This could have been a better piece of legislation to serve more Canadians.

[Judy Sgro, Liberal, York West, ON]

Mr. Speaker, it is not the first time, so we should not be surprised at the government's tactics on a variety of things.

There are thousands of people who are not eligible to access the EI program and others. The government can say that it did this but who is eligible? It is a very small pocket of people who would be eligible. It can brag about how it brought in this great program but very few people can access it. This is not the first time. We have seen it happen with many other programs. The government likes to tout about all the wonderful things it does but when we get beyond the press releases, it really is not doing very much.

The Liberals are supporting this legislation because it is tiny step toward rectifying a huge problem if we want a compassionate and caring Canada.

[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.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I agree with my hon. colleague that under the Conservative government we have seen cuts to the EI program, where people are having a hard time accessing it. Not only that, only four out of ten people who are unemployed quality for EI benefits.

Would my colleague agree with me that we used to have a $54 billion surplus in the EI program? What happened to that under the Liberal government?