Veterans Hiring Act

An Act to amend the Public Service Employment Act (enhancing hiring opportunities for certain serving and former members of the Canadian Forces)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Julian Fantino  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Public Service Employment Act to provide increased access to hiring opportunities in the public service for certain serving and former members of the Canadian Forces and to establish a right of appointment, in priority to all other persons, for certain members of the Canadian Forces who are released for medical reasons that the Minister of Veterans Affairs determines are attributable to service.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 3, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Veterans Affairs.
June 2, 2014 Passed That, in relation to Bill C-27, An Act to amend the Public Service Employment Act (enhancing hiring opportunities for certain serving and former members of the Canadian Forces), not more than five further hours shall be allotted to the consideration at second reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

October 29th, 2014 / 3:30 p.m.
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Conservative

The Chair Conservative Greg Kerr

I'd like to welcome everybody here this afternoon. The committee is now in session and, as everybody is aware, we're here to go clause by clause through Bill C-27. There are some amendments that will come up during the process and we'll deal with them in order.

Without further ado, I welcome the staff. I'm sure, if there are any questions or help needed, you are just raring to go. Thank you for being here.

First is clause 1, which we postpone until later. This is the short title.

We'll go right to clause 2. Is there any comment before we go to the vote? There is no amendment on clause 2. It's as printed there. Is there any discussion or comment?

(Clause 2 agreed to)

(Clause 3 agreed to)

(On clause 4)

Clause 4 does have an amendment. We will deal with the amendment.

I'll turn to Mr. Valeriote, if you'd like to make a brief comment on the amendment.

October 27th, 2014 / 4:45 p.m.
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Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Stoffer and I sat on the this committee, I believe, when we were elected in 2006. Once you've been on this committee, there's a place in your heart that's a little special, likely more special than it was before we came here.

With that, Bill C-27 is an incredible step forward in what we will do for our veterans that are leaving because of injury.

I want to follow-up on Mr. Valeriote's question a little bit. There are two things. You talked about the number of skills that our veterans have when they leave. I've also had the same opportunity, as he had, of being a part of the air force.

I'm wondering what skill development they are going to. Is there a particular area where they are transferring their skills to? When they do that and meet the criteria, is skills development added to that when they get in? Is that also available?

October 27th, 2014 / 4:45 p.m.
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Gerry Thom Vice-President, Staffing and Assessment Services, Public Service Commission of Canada

Thank you for this question.

That's not exactly how things work. It is important to bear in mind that the staffing of a position requires an authorization number. When a position is staffed internally, the competition is open only to public service employees. Priority positions are open to the general public.

When a position is staffed, either internally or externally, an authorization number is required. That is when my organization would check what the individual who needs to staff a position is asking for in terms of experience, education and so on.

We then match them with individuals who have priority access. That's done at the very beginning of the process. A position is not open to the general public because no one is found within government. The people who are in charge of staffing a position have to decide from the outset whether the competition is internal or external. Regardless of their decision, they must take into account priority appointments.

Before anything is done, if Bill C-27 is passed, medically released veterans will have priority access.

October 27th, 2014 / 4:40 p.m.
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Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Points, not questions....

This bill is not for the next couple of years, but for the next 50 years. Whether there are jobs today or not, this is long term. Also, the RCMP is under different legislation. In fact, they work for Treasury Board, so they wouldn't be covered under this.

Relative to the Public Service Staffing Tribunal and the appeal process—and it actually might go back to something that Mr. Stoffer just said, that a 22-year veteran of the public service might be crankier if a five-year veteran of military got appointed—could you brief us a little bit on the appeal process, and does anything in Bill C-27 change that appeal process?

October 27th, 2014 / 4:20 p.m.
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Anne-Marie Robinson President, Public Service Commission of Canada

Thank you very much, Mr. Chairman.

I'm very pleased to be here today to discuss Bill C-27, the veterans hiring act.

The Public Service Commission administers programs under the Public Service Employment Act to support the public service staffing system.

There are three important mechanisms in this bill, which will support the hiring of veterans and current members of the Canadian Armed Forces.

Today, I'd like to walk you through the changes to all three of those mechanisms. The first is the priority entitlement for medically released veterans. These entitlements provide persons with a right to be appointed ahead of all others to any position in the public service for which they've been assessed and are found qualified. The second is a preference in a competitive process to appoint qualified veterans to jobs that are externally advertised. The third is the eligibility of current Canadian Armed Forces members, as well as veterans, to participate in all advertised internal hiring processes.

Under the current legislative regime, the PSC is responsible for administering priority entitlements, which have an extensive scope. They apply to jobs in all regions of Canada and in all organizations covered by the Public Service Employment Act.

Before filling a vacant position a manager must first consider priority persons. The PSC is responsible for referring potentially qualified priority persons to hiring managers. Managers are provided with a clearance to proceed with an appointment process only if the PSC is satisfied that there's no one in the priority system who meets the essential qualifications of those positions.

There are two different types of priority entitlements: statutory priorities and regulatory priorities. Statutory priorities take precedence over regulatory priorities. That determines the order in which they are referred to departments, and is the reason why the order of precedence is important.

Under the current system surplus employees occupy the top statutory priority for appointment in their own organizations. This means that they must be appointed to vacant positions for which they are qualified before a person with a regulatory priority. Medically released veterans currently have a regulatory priority. From 2008 to 2012, the appointment of medically released veterans had the highest rate of placement—72% of all priority groups. However, the implementation of the 2012 spending review resulted in more surplus employees entering the priority system and, as I have already mentioned, they are the ones who have top statutory priority.

In the summer of 2012, the PSC shared this information with the Department of Veterans Affairs on the impact that the influx of surplus employees, as well as the decrease in the staffing, was having on the placement of medically released veterans. At the request of that department, the PSC provided technical options to address the situation for their consideration.

Since April 2012, more than 2,000 priority employees have been appointed to vacant positions. The majority of these appointments were surplus employees. Over the same two years, 67 medically released veterans were appointed, compared with 307 appointed during the two previous years.

Under the proposed changes, qualified veterans who are medically released with a service-related injury or illness would become the top statutory priority with an entitlement period that has been extended from two to five years. In other words, they would be considered and, if qualified, they would be appointed before all others.

The legislation would amend the existing regulatory priority for those veterans medically released for non-service related reasons to extend the current entitlement period from two years to five years.

Once this legislation comes into force, the changes to the priority entitlement will apply retroactively to April 1, 2012. Once medically released, veterans have five years in which to activate their priority entitlement. The PSC believes that the amendments to the priority entitlements proposed in Bill C-27 will make a difference.

As well, we have made significant enhancements to strengthen the priority administration program to better respond to the needs of organizations and priority persons. For instance, we put in place a case management approach to work directly with medically released veterans to advise them of their entitlements and to assist them in their search for public service employment.

I would now like to turn to the veterans preference. The veterans preference is a different type of mechanism under the Public Service Employment Act. The proposed amendment would update the definition of a veteran to add modern-day Canadian Armed Forces members who are honourably released with at least three years of service. The proposed amendment would give veterans a preference, if found qualified, to positions that are open to the Canadian public. In this case, veterans would access the website jobs.gc.ca, where jobs are advertised externally, choose whether to apply for a position or positions, and enter a competitive process. This preference means that if these veterans enter a competitive process and are assessed and meet the essential qualifications, they must be appointed ahead of others in the appointment process. The ability to benefit from such a preference would be in effect for up to five years following their release from the Canadian Armed Forces.

To help provide context, during the past five years the PSC has seen an average of slightly more than 5,500 persons hired permanently into the public service through external job competitions. This represents about one in every six job competitions. During the same period, there were on average just over 31,500 internal staffing activities per year for comparison.

This brings me to the third mechanism, which will be changed to allow current armed forces members as well as veterans to participate in all advertised internal processes. Since 2005, deputy heads and their hiring managers have had the option of giving members of the Canadian Armed Forces access to internal job competitions, but this proposed amendment would make that mandatory.

This means that veterans and current Canadian Armed Forces members would have access to these opportunities, but once they apply, they would be treated the same as all other applicants.

Mr. Chair, these provisions apply only to organizations that come under the Public Service Employment Act. I understand that discussions are under way with several organizations as well that are not subject to the Public Service Employment Act. These organizations, which have regional operations, are exploring administrative ways in which they can also meaningfully participate in these efforts to find employment for veterans. Our experience shows there has been a high rate of success in placing medically released veterans in large operational departments with a broad geographic footprint. In a way, this corresponds to where many members of the Canadian Armed Forces are employed. The involvement of these organizations would increase the number of employment opportunities for veterans. The PSC is committed to supporting this process in any way that we can.

Mr. Chair, we will continue to do all that we can to ensure that entitlements of medically released Canadian Armed Forces members are fully respected and to support veterans, as well as current members, in bringing their valuable skills and experience to the federal public service.

I'd like now to answer your questions.

October 27th, 2014 / 4:10 p.m.
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Conservative

Laurie Hawn Conservative Edmonton Centre, AB

I'm sure you know this from the Library of Parliament. The definition of a survivor of a veteran previously was a veteran who served in the Second World War. That hasn't changed with Bill C-27 apparently. It's still restricted to survivors of veterans who served in the Second World War. I'm just wondering why that would be, or am I completely misunderstanding something?

October 27th, 2014 / 4 p.m.
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Senior Director, Strategic and Enabling Initiatives, Service Delivery Program Management, Department of Veterans Affairs

Elizabeth Douglas

Thank you for the question.

There are four key changes to Bill C-27, the first of which is statutory hiring, and that is for all Canadian Armed Forces members who have been medically released and whose medical release is attributable to service. That then becomes the two five-year periods: the first one to deem eligibility and registration, after which comes the five-year period of entitlement.

Secondly, there is the regulatory priority. With regulatory priority, this bill extends the benefits from two to five years.

Thirdly, there is what we call “preference”. With preference, a veteran who has been honourably released, who also has a minimum of three years of service and is not employed indeterminately by the Public Service Commission, will receive preference for externally advertised Public Service Commission positions.

Fourthly, and finally, there is what we call “mobility”. With mobility, veterans, along with all Canadian Armed Forces members who have three years of service and veterans who have been honourably released and are not serving in an indeterminate position with the Public Service Commission, will now be able to view and apply for internally posted service positions with the Government of Canada.

That is how we meet the economic action plan 2014.

October 27th, 2014 / 3:55 p.m.
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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Thank you, Mr. Chair.

I also want to thank the witnesses for joining us today to provide explanations on Bill C-27.

My questions are about medical releases.

The bill distinguishes between different medical reasons. For instance, a veteran who has suffered a service-related injury would have a priority for appointment in the public service, while a veteran who has suffered a non-service related injury would always remain on the preferential list. Why has a distinction been made between the injuries?

I would like to know something else. Out of the thousands of military members released each year, how many are released following service-related injuries and how many are released for other medical reasons? Why has this distinction been made when it probably shouldn't have been, as suggested by the Veterans Ombudsman?

October 27th, 2014 / 3:35 p.m.
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Director General, Field Operations, Department of Veterans Affairs

Charlotte Bastien

That's no problem.

As I was saying, the majority leaving the reserves would already have civilian employment. The unemployment rate for veterans is equal to the general Canadian rate—8%. The unemployment rate for veterans released due to injuries is about 15%.

Employment issues generally cluster around certain groups of veterans: younger veterans, those with fewer years of service, those in the lower ranks, and those who are medically released or involuntarily released.

The life after service study shows that 89% of regular force veterans released between 1998 and 2007 worked after release. The breakdown in numbers of veterans after release was as follows: 52.9% worked at a job or business; 20% worked at some point but were not currently working; 7.7% were looking for work; 10.3% were retired or not looking for work; 3.7% went from the regular forces to full-time work in the reserve force. The others included those who were not able to work, for example, because they were on disability, were caring for a family member, or were attending school.

Most veterans leaving the military reported adjusting well and beginning a normal life in the civilian world.

There are three key elements to VAC support in terms of employment: ensuring qualified veterans who wish to work at VAC have the opportunity to do so; providing benefits and services in a wide range of programs; and working with other government departments and not-for-profit and private sector groups to help people understand who our veterans are and what their needs are and to help develop opportunities to support veterans' employment needs.

Two key VAC programs to support releasing Canadian Armed Forces members are the career transition services and the vocational rehabilitation programs. In 2013 Minister Fantino announced changes that give more than 1,300 veterans taking part in our vocational rehabilitation program greater flexibility to access the tools they need for their training, which will cut down on wait times related to vocational assessments.

As a result of these changes, an expanded list of training expenses, such as those for required computer software, electronic books, campus parking, and training equipment are now considered in individual vocational rehabilitation training plans. Veterans are now also able to claim individual vocational rehabilitation expenses through an overall program funding envelope to a maximum total value of $75,800 per person. In the last five years, 3,381 participants have accessed vocational rehabilitation and vocational assistance through our national contract. As of June 30, 2014 there were 1,355 active participants.

Career transition services help veterans and their survivors find civilian employment, and provide funding for related training and career services consultation. They are available for up to two years after a veteran's date of release from the Canadian Armed Forces. To date, 1,787 veterans have accessed the program. As part of Veterans Affairs Canada's initiative to cut red tape, the government has streamlined the service delivery model for the program by giving eligible veterans or survivors their choice of career transition services that best meet their needs. As well, VAC will reimburse up to $1,000.

VAC has also taken several steps to ensure that eligible veterans are able to apply for a position at Veterans Affairs Canada if they choose to. They have expanded the area of selection for job competitions to allow the largest number of Canadian Armed Forces personnel to apply; reviewed all the work descriptions in Veterans Affairs to assess which positions could benefit from Canadian Armed Forces experience; and added the relevant Canadian Armed Forces experience as an asset qualification to these positions.

We are working with the Public Service Commission and others to implement new legislation to support veterans seeking positions in the federal government. This initiative is called “Priority Hiring”.

The bill proposes to allow honourably released Canadian Armed Forces members and veterans to be given increased access to job opportunities in the public service.

The introduction of this legislation means that veterans whose medical release is deemed to be attributable to military service will be eligible for statutory priority hiring status in the federal public service.

Veterans who have been medically released from the Canadian Armed Forces will now be eligible for up to five years of priority hiring status in the federal public service. Veterans who have been honourably released and who have had at least three years of military service will now receive preference in external advertised federal public service employment processes. Canadian Armed Forces serving personnel and veterans who have been honourably released with at least three years of military service will now be able to view and participate in internal advertised public service employment processes.

As for the next steps, Veterans Affairs Canada is working with the Department of National Defence and the Public Service Commission to ensure that Canadian Armed Forces members and veterans will benefit from those changes when Bill C-27 comes into force. The changes will take effect once the bill has received royal assent—probably in 2015.

I will now go on to the hire a veteran program.

I will explain what this program is about.

Through the hire a veteran initiative launched in December 2012, Veterans Affairs Canada partners with corporate Canada to help veterans and releasing Canadian Armed Forces personnel find civilian jobs. The hire a veteran employer partners send their employment opportunities and/or links to career pages to us, and we share the posting with a network consisting of front-line staff, our national vocational rehabilitation service contractor, and the Canadian Armed Forces. These postings are then shared with job-seeking Canadian Armed Forces personnel and veterans.

The hire a veteran website includes information for both job seekers and employers. To assist releasing military personnel and veterans in finding employment, the website provides links to Employment and Social Development Canada tools, public service priority hiring information, and other relevant sites.

The hire a veteran website also provides information for employers regarding the value veterans bring to the civilian workforce and information on the Canadian Armed Forces, such as military ranks, occupation, training, and skills developed in the military. This information helps employers better understand the military culture from which our veterans are transitioning. Therefore, employers are better positioned to help these veterans integrate into the civilian workplace.

Through the hire a veteran initiative, over 160 employers have committed to hiring veterans. Here are some examples of our employer partners: Bell Canada, Target, Walmart Canada, Cenovus Energy, Toronto's Hospital for Sick Children, Intuit Canada, Cabela's Canada, Mount Allison University, Queen's University, and the Canadian National Railway.

Our employer partners would be able to contribute a valuable perspective to your committee in its work. In particular, we would suggest that you consider inviting Bell Canada, Target, Intuit Canada, or the Canadian National Railway to appear before the committee.

To sum up, I mentioned our partners helping with this important file. To maximize civilian employment opportunities, Veteran Affairs works with the Canadian Armed Forces in partnership with two key non-profit organizations: the True Patriot Love Foundation and Canada Company.

The department's partnership with Canada Company is primarily through the military employment transition program, which is creating direct links between Canadian Armed Forces personnel, reservists, and veterans who are seeking jobs in the civilian workforce, and employer partners who want to hire transitioning military personnel and veterans for their valued skill sets.

Through the military employment transition program, employer partners are required to report on veteran hires through an employer partner memorandum of understanding. Approximately 180 veteran-friendly employer partners have committed to working together to help veterans and releasing Canadian Armed Forces personnel find civilian jobs.

Our other key non-profit partner is the True Patriot Love Foundation, which leads the Veteran Transition Advisory Council. Established by the Minister of Veteran Affairs, the council is mandated to identify challenges and barriers faced by Canadian veterans during the transition from military to civilian employment. The council includes representatives from leading national companies, who work to raise awareness of the skill sets that veterans have to offer the private sector.

In the fall of 2013, the Council made interim recommendations regarding the transition to civilian employment, and, as a result, the council established five working groups related to these recommendations. The working groups are focusing on a one-stop-shop web portal, a marketing campaign, supported employment, a veterans membership program, and certification.

This concludes our presentation. We would be pleased to take any questions.

October 27th, 2014 / 3:30 p.m.
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Conservative

The Chair Conservative Greg Kerr

We're in business, looking at Bill C-27, an act to amend the Public Service Employment Act (enhancing hiring opportunities for certain serving and former members of the Canadian Forces).

We have three witnesses today from the Department of Veterans Affairs. We are going to get a brief overview of what the bill's about and then we're going to open up to questions in no particular order.

I welcome Charlotte Bastein, Elizabeth Douglas, and Sandra Lambe.

Charlotte, you've certainly been through our process at one point or another, so we're pleased to have you here today. If you'd like to proceed, we're looking forward to your presentation.

Thank you.

Time Allocation MotionPrivilegeRoutine Proceedings

September 15th, 2014 / 3:35 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I am pleased to rise today on this question of privilege about closure.

I am rising at my first opportunity on this question of privilege, given that between the Speech from the Throne in October and when we adjourned June 20, there had been 21 occasions on which closure of debate occurred, and I maintain that the exercise of my rights and the rights of my colleagues in this place have been obstructed, undermined and impeded by the unprecedented use of time allocations in the second session of the 41st Parliament.

Mr. Speaker, in presenting this fairly legal argument to you, I propose to leave out page numbers and citations because I have prepared a written version of this for your office and I hope that will be acceptable to you, that I skip page numbers in this presentation. Hansard may not have the numbers of the debates, but I hope there is enough context so people can find them.

I belive this excessive use of what is often called “guillotine measures” is a violation of the rights of all members of Parliament, but I would like to stress that there is a disproportionate impact on members such as me who are within either smaller parties, that is less than 12 members, or who sit actually as independents, because in the roster of recognizing people in their speaker slot, quite often those of us in the smaller parties or independents simply never get to speak to the bills at all.

My question, Mr. Speaker, bears directly on what your predecessor said in this place on April 27, 2010. He said, “...the fundamental right of the House of Commons to hold the government to account for its actions is an indisputable privilege and in fact an obligation”.

In the autumn of 2011, in a ruling concerning the member for Mount Royal, Mr. Speaker, you yourself said that to constitute a prima facie case in regard to matters of obstruction, interference, molestation or intimidation, you need to “...assess whether or not the member's ability to fulfill his parliamentary [activities] has been undermined”. At that moment in the same Debates, you had the occasion to reflect on “...the Chair's primordial concern for the preservation of the privileges of all members,...” and you added, “As your Speaker, one of my principal responsibilities is to ensure that the rights and privileges of members are safeguarded, and this is a responsibility I take very seriously”.

I now have occasion to turn to other words that will guide us in this matter. From the Supreme Court of Canada in the Vaid decision, in the words of Mr. Justice Binnie, speaking for the court, he outlined the scope of parliamentary responsibility and parliamentary privilege for the management of employees and said, “Parliamentary privilege is defined by the degree of autonomy necessary to perform Parliament’s constitutional function”. He went on to say at paragraph 41 of that Supreme Court of Canada judgment:

Similarly, Maingot defines privilege in part as “the necessary immunity that the law provides for Members of Parliament, and for Members of the legislatures of each of the ten provinces and two territories, in order for these legislators to do their legislative work”.

I would repeat and emphasize that, because although the Vaid decision was on a different fact set, Mr. Justice Binnie spoke to our core responsibility as parliamentarians when he said that we must be able, as legislators, to do our legislative work.

Mr. Justice Binnie continued in the Vaid decision to say:

To the question “necessary in relation to what?”, therefore, the answer is necessary to protect legislators in the discharge of their legislative and deliberative functions, and the legislative assembly’s work in holding the government to account for the conduct of the country’s business. To the same effect, see R. Marleau and C. Montpetit...where privilege is defined as “the rights and immunities that are deemed necessary for the House of Commons, as an institution, and its Members, as representatives of the electorate, to fulfill their functions”.

Mr. Justice Binnie went on to find further references in support of these principles from Bourinot's Parliamentary Procedure and Practice in the Dominion of Canada.

These are fundamental points. The purpose of us being here as parliamentarians is to hold the government to account. It is obvious that no legislative assembly would be able to discharge its duties with efficiency or to assure its independence and dignity unless it had adequate powers to protect itself, its members, and its officials in the exercise of these functions.

Finally, Mr. Justice Binnie—again, for the court—said at paragraph 62, on the subject of parliamentary functions in ruling that some employees would be covered by privilege, that coverage existed only if a connection were established between the category of employees and the exercise by the House of its functions as a legislative and deliberative body, including its role in holding the government to account.

As I said earlier, this approach was supported by your immediate predecessor. In a December 10, 2009 ruling, the Speaker of the House, the Hon. Peter Milliken, said that one of his principle duties was to safeguard the rights and privileges of members, and of the House, including the fundamental right of the House of Commons to hold the government to account for its actions, which is an indisputable privilege, and in fact an obligation.

It is therefore a fundamental principle of Westminster parliamentary democracy that the most important role of members of Parliament, and in fact a constitutional right and responsibility for us as members, is to hold the government to account.

The events in this House that we witnessed before we adjourned on June 20, 2014, clearly demonstrate that the House and its members have been deprived of fulfilling constitutional rights, our privilege, and our obligation to hold the government to account, because of the imposition of intemperate and unrestrained guillotine measures in reference to a number of bills. Over 21 times, closure has been used.

It is only in the interest of time that I am going to read out the numbers of the bills and not their full description. Bill C-2, Bill C-4, Bill C-6, Bill C-7, Bill C-13, Bill C-18, Bill C-20, Bill C-22, Bill C-23, Bill C-24, Bill C-25, Bill C-27, Bill C-31, Bill C-32, Bill C-33, and Bill C-36 were all instances where closure of debate was used.

In many of the instances I just read out, and in the written argument I have presented, closure of debate occurred at second reading, again at report stage, and again at third reading. The limitation of debate was extreme.

A close examination of the guillotine measures imposed by the government demonstrate that the citizens of Canada have been unable to have their elected representatives adequately debate the various and complex issues central to these bills in order to hold the government to account. Members of Parliament have been deprived and prevented from adequately debating these measures, through 21 separate motions for time allocation in this session alone. It undermines our ability to perform our parliamentary duties.

In particular, I want to again highlight the effect that the guillotine motions have on my ability as a representative of a smaller party, the Green Party. We do not have 12 seats in the House as yet, and as a result we are in the last roster to be recognized once all other parties have spoken numerous times. Quite often, there is not an opportunity for members in my position, nor for independent members of Parliament, to be able to properly represent our constituents.

Again, I should not have to repeat this. Certainly you, Mr. Speaker, are aware that in protecting our rights, as you must as Speaker, that in this place we are all equals, regardless of how large our parties are. As voters in Canada are all equal, so too do I, as a member of Parliament, have an equal right and responsibility to represent the concerns of my constituents in this place, which are equal to any other member in this place.

As speaking time that is allotted to members of small parties and independents is placed late in the debates, we quite often are not able to address these measures in the House. This would be fair if we always reached the point in the debate where independents were recognized, but that does not happen with closure of debates. My constituents are deprived of their right to have their concerns adequately voiced in the House.

Political parties are not even referenced in our constitution, and I regard the excessive power of political parties over processes in this place, in general, to deprive constituents of equal representation in the House of Commons. However, under the circumstances, the additional closure on debate particularly disadvantages those constituents whose members of Parliament are not with one of the larger parties.

Mr. Speaker, in the autumn of 2011, in your ruling considering the member for Mount Royal and his question of privilege, you said that one of your responsibilities that you take very seriously is to ensure that the rights and privileges of members are safeguarded. The principal right of the House and its members, and their privilege, is to hold the government to account. In fact, it is an obligation, according to your immediate predecessor.

In order to hold the government to account, we require the ability and the freedom to speak in the House without being trammelled and without measures that undermine the member's ability to fulfill his or her parliamentary function. As a British joint committee report pointed out, without this protection, members would be handicapped in performing their parliamentary duty, and the authority of Parliament itself in confronting the executive and as a forum for expressing the anxieties of citizens would be correspondingly diminished.

To hold the government to account is the raison d'être of Parliament. It is not only a right and privilege of members and of this House, but a duty of Parliament and its members to hold the government to account for the conduct of the nation's business. Holding the government to account is the essence of why we are here. It is a constitutional function. In the words of the marketers, it is “job one”.

Our constitutional duty requires us to exercise our right and privilege, to study legislation, and to hold the government to account by means of raising a question of privilege. This privilege has been denied to us because of the consistent and immoderate use of the guillotine in regard to 21 instances of time allocation, in this session alone.

This use of time allocation, as you know, Mr. Speaker, is unprecedented in the history of Canada, and infringes on your duty as Speaker to protect our rights and privileges as members. As you have said many times, that is your responsibility and you take it very seriously. However, these closure motions undermine your role and your duty to protect us. Therefore, it diminishes the role of Speaker, as honoured from time immemorial.

In fact, you expressed it, Mr. Speaker, in debates in the autumn of 2011, at page 4396, when you had occasion to reflect on “the Chair's primordial concern for the preservation of the privileges of all members..”, and when you added, “As your Speaker, one of my principal responsibilities is to ensure that the rights and privileges of members are safeguarded, and this is a responsibility I take very seriously”.

Denying the members' rights and privileges to hold the government to account is an unacceptable and unparliamentary diminishment of both the raison d'être of Parliament and of the Speaker's function and role in protecting the privileges of all members of this House.

In conclusion, I submit to you, Mr. Speaker, that the intemperate and unrestrained use of time allocation by this government constitutes a prima facie breach of privilege of all members of this House, especially those who are independents or, such as myself, representatives of one of the parties with fewer than 12 members.

Mr. Speaker, I appreciate your consideration in this matter. I hope you will find in favour of this question of privilege, that this is a prima facie breach of the privileges and rights of all members.

Instruction to the Standing Committee on Veterans AffairsRoutine Proceedings

June 19th, 2014 / 11:25 a.m.
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NDP

Sylvain Chicoine NDP Châteauguay—Saint-Constant, QC

Mr. Speaker, I would really like to thank my colleague from Burnaby—New Westminster for moving this motion in the House.

Not that long ago, we voted on a bill that completely overlooked RCMP veterans, who should be included and treated as such. Unfortunately, they are too often forgotten. They were once again completely overlooked in Bill C-27. That was one of our misgivings about that bill. I would like to thank the hon. member for Burnaby—New Westminster for moving this motion that we had been discussing for a few days.

Eric Rebiere, an RCMP veteran with 26 years of service, spoke out during an interview with Elliot Ferguson from QMI Agency. He said he was outraged at how services were provided to him and that the government was not treating retired RCMP officers as full-fledged veterans.

I would like to read my colleague's motion in order to explain it to those watching at home:

That it be an instruction to the Standing Committee on Veterans Affairs that, during its consideration of Bill C-27, An Act to amend the Public Service Employment Act (enhancing hiring opportunities for certain serving and former members of the Canadian Forces), the Committee be granted the power to expand the scope of the Bill in order to allow members of the RCMP to qualify for the priority hiring program.

RCMP veterans have been completely left out of this bill. This huge gap shows that this bill is incomplete. I am unhappy with another aspect of this bill, which is that it has created even more classes of veterans. There are World War II and Korean War veterans who have access to health care still for some time.

Ste. Anne's Hospital, near my riding, is destined to be transferred to the province, when it provided very good services to World War II and Korean War veterans. They are obviously aging, and there are fewer and fewer of them. Why not change the eligibility criteria and open this hospital to all veterans? That is what veterans groups are requesting. They say they are all veterans who served under the same flag.

Why always make classes of veterans who do not have access to the same services and the same health care? It is completely unacceptable that RCMP veterans have been completely left out of Bill C-27. The government should have considered them and stopped this tendency to create classes of veterans. We support the veterans ombudsman, who has been asking for years that the government stop creating classes of veterans and instead place them in a single veterans group. That is the approach we want to take in the House. The official opposition is asking the government to move in that direction, as all veterans and the ombudsman are requesting.

Mr. Rebiere says that he is absolutely outraged at the way services are provided to RCMP veterans, because they are full-fledged veterans. We are asking that they not be left out, which is what this bill does. They have been completely forgotten, which is why the motion by my colleague from Burnaby—New Westminster asks that they be included.

The motion asks to find a way to include RCMP veterans and allow them to qualify for the public service priority hiring program, just as other veterans groups have been included. Mr. Rebiere is left with the impression that the government does not consider retired RCMP officers as veterans. He says he is completely outraged, and rightly so, at being treated like this and never getting the same services as other veterans groups.

I will read an excerpt from the article. I think it is very important.

A retired Kingston-area RCMP officer is calling for the federal government to stop what he calls "discrimination" between different groups of veterans.

Eric Rebiere, whose 24-year career in the federal police force ended in 2006, two years after being diagnosed with post-traumatic stress disorder after taking part in NATO policing missions in Croatia and Kosovo, said the government should have one standard for all people who served in military operations, including RCMP officers who volunteered for policing missions.

The ombudsman said, and Mr. Rebiere echoed this as well, that RCMP veterans do not get the same services and that is absolutely disgraceful.

To come back to the subject, Bill C-27 was already incomplete since it followed Bill C-11, for which we had only one or two hours of debate. That bill was incomplete and dropped and then was replaced with this one. We think that Bill C-27 is also incomplete since it completely excludes RCMP officers.

For an officer like Mr. Rebiere, having access to public service jobs could be very beneficial, which is understandable. He could continue to serve his country in the public service. This would be especially beneficial to those with post-traumatic stress disorder. These are people who are no longer able to work in the military or the federal police service. If they could bring their expertise and skills to the public service, that would be very beneficial. If they also had access to the public service priority hiring program, they could pursue their career.

That perhaps could have been the case for Mr. Rebiere. The public service actually has a number of jobs for our soldiers and also for RCMP officers, who have been left out of this bill. We are asking the government to agree to our request and find a way to put RCMP officers on the priority list, which, for the time being, is for veterans only. We are hopeful that this bill will pass and come into force very soon. It would be completely unacceptable to exclude RCMP officers. They must also be included so that they can continue their careers. Many are forced to continue serving in the RCMP, without being totally employable and able to effectively serve the public as RCMP officers. They could continue to do so in the public service.

This is an entirely reasonable request. We are asking the government to vote in favour of this important motion and find a way to also include RCMP officers. In future bills, we will also ask the government to try to limit the number of groups of veterans to only one. We really believe in having only one group of veterans instead of creating divisions and more classes of veterans, as Bill C-27 does. Let us have only one group of veterans. They all served their country in the same way, so why give certain benefits to one group of veterans and forget about the others? That is completely unacceptable. It is fair to treat all groups of veterans equitably and in the same way.

Instruction to the Standing Committee on Veterans AffairsRoutine Proceedings

June 19th, 2014 / 11:15 a.m.
See context

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I think it would be more respectful to veterans and to former RCMP officers as well.

Eric Rebiere, whose 24-year career in the federal police force ended in 2006, two years after being diagnosed with post-traumatic stress disorder after taking part in NATO policing missions in Croatia and Kosovo, said the government should have one standard for all people who served in military operations, including RCMP officers who volunteered for policing missions.“They have created sub-classes of veterans, and that is discriminatory under the (Veteran) Charter”, Rebiere said. “To say we are not veterans is an insult”.

At a rally on Parliament Hill earlier this month, Rebiere spoke about how the RCMP has for more than a century participated in Canada's military ventures. Like other retired RCMP officers, Rebiere is covered by the Pension Act and receives monthly payments, but can't access many of the programs the Canadian Forces veterans have.

Eric Rebiere pointed to Section 4 of the Department of Veterans Affairs Act, which requires the ministry to be responsible for “the care, treatment, or re-establishment in civil life of any person who served in the Canadian Forces” and “of any person who has otherwise engaged in pursuits relating to war”.

What we have also found among veterans themselves is great support among veterans organizations that have felt often under attack by the government. We have seen the closing of so many veterans offices that the cutbacks in services to veterans have been quite appalling. I know on this side of the House that particularly the member for Châteauguay—Saint-Constant and the member for Sackville—Eastern Shore have been at the forefront in standing and saying that it is unacceptable. What we need to do is put in place a full array of services for our veterans, but that is not what is happening, and veterans are aware of that.

Even at the Royal Canadian Legion's Dominion Convention in Edmonton on Tuesday, members voted unanimously to amend the Legion's definition of a veteran to include RCMP members and peace officers who serve in special duty areas. There is support from the veterans organizations themselves to say that veterans organizations should include RCMP veterans.

What the NDP motion of instruction is stating is that we instruct the Standing Committee on Veterans Affairs “that, during its consideration of Bill C-27, an Act to amend the Public Service Employment Act (enhancing hiring opportunities for certain serving and former members of the Canadian Forces), the Committee be granted the power to expand the scope of the Bill in order to allow members of the RCMP to qualify for the priority hiring program”.

This is no small thing. As Mr. Rebiere has said so eloquently, RCMP veterans are treated even worse than veterans by the government. It is an appalling state. Just two weeks ago, as I was leaving Parliament Hill to go to the airport to take a flight home, I came across a group of Canadian veterans standing at a table in front of Parliament Hill on Wellington Street. They were selling T-shirts to raise funds for their services. Look at that picture for just a moment. Because of the Conservatives' slashing and cutting of veterans' services, we have veterans selling T-shirts to try to provide services.

These are people who put their lives on the line for Canada. These are people who have said that they are willing to do anything to reinforce and defend Canadian democracy, yet Conservatives are forcing them to sell T-shirts to provide for services. I can think of nothing more despicable and nothing more hypocritical than the Conservative government's actions in the cutbacks to veterans' services and the closure of veterans' services offices right across this country. The hallmark of the government is treating our veterans with disrespect, and we see that constantly.

They are willing to be there when there is a photo-op. They are not willing to be there when it counts, which is where the NDP is every day in the House of Commons fighting for veterans and saying that veterans have the right to be treated with due respect by the Conservatives and have the right to a full array of services when they have been willing to put their lives on the line for their country.

In my riding there is a veterans hospital, George Derby Centre. It is another one of the veterans hospitals that have been subject to cutbacks in the services offered to veterans. I see veterans regularly. Some of them are my friends. When I see the cutbacks being put in place and the services not being offered to the same extent they were even a few years ago, it saddens me.

That is why New Democrats are saying today that we want to engage in a vigorous debate, rather than having the debate shut down, as we just saw happen in the debate on the environment. My seat mate, the member for Halifax, spoke very eloquently about the environment. We wanted to engage the government on the environment, and the government said no, it was not going to talk about the environment in the House of Commons.

Now we have a debate on veterans' services and on expanding the scope of Bill C-27 to allow members of the RCMP to qualify for a priority hiring program. Our hope is that instead of the government shutting down debate, which is the only thing it seems to be able to do these days, it will actually engage in what is an important debate.

Mr. Rebiere was very clear that what is needed is the provision of services for RCMP veterans that match the services offered to veterans. New Democrats go even further. We would say that the services offered to veterans need to be expanded and enhanced, and the cutbacks have to stop. It is fair to say that this motion of instruction, if Conservatives are going to be consistent in what they have been saying, should receive the support of the Conservative members of the House so that they provide RCMP veterans and veterans with the full array of services that should be the entitlement of those who have been willing to put their lives on the line for their country.

When the bill was first introduced, New Democrats said that Bill C-27 simply does not go far enough. It overlooks entire groups of veterans. We thought that in principle, it was a good start, but that is only a first step in providing the full array of services that need to be provided to veterans in this country. We are saying today that we indeed need to expand the purview of Bill C-27 so that RCMP officers are included.

Eric Rebiere, a 24-year veteran of the RCMP, says that he feels like a second-class veteran. When there are veterans outside Parliament Hill selling T-shirts to try to provide some semblance of service because of the cutbacks by the government in terms of veterans' services, it is fair to say that veterans need to be treated better. That includes RCMP veterans. That is why we are offering the motion of instruction today. We hope it will have the support of both sides of the House so that RCMP veterans are no longer treated like second-class veterans and are included within the scope of Bill C-27.

Business of the HouseOral Questions

June 5th, 2014 / 3:10 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I will start with the concept of the very strange proposition put forward by my friend. He uses this concept of shifts and believes there is some perverse obligation on the part of the government that, if the opposition wishes to filibuster the production of new laws and delay their production, we somehow have an obligation to match them step for step in extending that process. His comparison is with ordinary Canadians. He said that ordinary Canadians should not produce a product at the end of the day at work; they should take two, three, or four days to get the same thing made. That is his idea of getting things done. That is his idea of how ordinary Canadians can work. I think that says something about the culture of the NDP and the hon. member. I will let members guess what culture that is. It is a culture that does say we should take two or three times longer to get something done or to get to our destination than we possibly can.

We on this side are happy to make decisions to get things done for Canadians. In fact, that is exactly what we have been doing. Since I last rose in response to a Thursday question, the House has accomplished a lot, thanks to our government's plan to work a little overtime this spring.

I know the House leader of the official opposition boasts that the New Democrats are happy to work hard, but let us take a look at what his party's deputy leader had to say on CTV last night. The hon. member for Halifax was asked why the NDP agreed to work until midnight. She confessed, “We didn't agree to do it.” She then lamented, “We are going from topic to topic. We are doing votes. We are at committees. They are really intense days. We're sitting until midnight.”

On that part, I could not agree more with the deputy leader of the NDP, believe it or not, but with much more cheer in my voice when I say those words, because we think it is a good thing. These are intense days. We are actually getting things done. We are actually voting on things. We are actually getting things through committee. For once, we are going from topic to topic in the run of the day.

Let me review for the House just how many topics, votes, and committee accomplishments we have addressed since the government asked the House to roll up its sleeves.

Bill C-24, the strengthening Canadian citizenship act, was passed at second reading and has even been reported back from the citizenship committee.

Bill C-10, the tackling contraband tobacco act, was concurred in at report stage and later passed at third reading.

Bill C-31, the economic action plan 2014 act, no. 1, was reported back from the finance committee.

Bill C-27, the veterans hiring act, was passed at second reading.

Bill C-20, the Canada-Honduras economic growth and prosperity act, was concurred in at report stage.

On the private members' business front we saw:

Bill C-555, from the hon. members for West Nova in support of the seal hunt, was passed at second reading.

Bill C-483, from my hon. colleague, the member for Oxford, cracking down on prisoners' escorted temporary absences was passed at third reading.

Bill C-479, from the hon. member for Ancaster—Dundas—Flamborough—Westdale, on improving the place of victims in our justice system was passed at third reading last night.

Progress is not limited to Conservative initiatives. The Green Party leader's Bill C-442, respecting a Lyme disease strategy, was reported back from committee yesterday.

The hon. member for Timmins—James Bay saw a motion on palliative care pass.

We have also seen countless reports from committees reviewing the government's spending plans, as well as topics of importance to those committees.

This morning we even ratified the appointment of an officer of Parliament.

Finally, I do want to reflect on the accomplishment of Bill C-17, the protecting Canadians from unsafe drugs act (Vanessa's law), which members may recall me discussing in last week's Thursday statement. It finally passed at second reading. However, this did not happen until the NDP relented and changed its tune to allow the bill to go to committee. It was the first time ever that we had an expression from the New Democrats when we gave notice of intention to allocate time in which they said, “We don't need that time; we're actually prepared to allow a bill to advance to the next stage”. I think, by reflecting on the fact that those dozens of other times the NDP did not take that step, we could understand that they did not want to see a bill advance; they did not want to see progress made. That lets Canadians understand quite clearly why it is we need to use scheduling and time allocation as a device to get things done in the face of a group that thinks the objective is to fill up all possible time available with words rather than actual votes and getting things done.

It is clear that our approach is working. We are getting things done in the House of Commons and delivering results for Canadians.

Perhaps I might be overly inspired by the example of Vanessa’s Law, but I do want to draw the attention of the House to Bill C-32, the Victims Bill of Rights Act.

So far, we have seen three days of debate on second reading of the bill, but “debate” is actually not accurate. What we have witnessed is speech, after speech, after speech—most of them from New Democrats—offering platitudes of support for the idea of getting that bill to a committee where it could be studied. What I want to know is, why will they not just let it happen? Victims of crime want to see meaningful action, not just kind words.

Suffice it to say that I will need to schedule additional time for discussion of this bill. Perhaps the NDP will let it pass after a fourth day of talk.

This afternoon, we will continue with the report stage debate on Bill C-31, our budget implementation bill. When that concludes, we will turn to Bill C-20, to implement our free trade agreement with Honduras, at third reading. If time permits, we will continue the third reading debate on Bill C-3, the Safeguarding Canada's Seas and Skies Act.

Tomorrow morning, we will start the report stage debate on Bill C-24, which makes the first modernization of the Citizenship Act in 35 years. After question period, I will call Bill C-32, the Victims Bill of Rights Act, to see if the NDP is ready to deliver results, not talk.

Monday morning, we will continue the third reading debate on Bill C-20, if more time is needed, and then resume the second reading debate on Bill C-18, the Agricultural Growth Act. After question period, we will get back to the Strengthening Canadian Citizenship Act.

Tuesday shall be the eighth allotted day when the NDP will have a chance to talk, and talk, about a topic of their own choosing. At the end of the night, we will have a number of important votes on approving the funds required for government programs and services and pass two bills to that end.

On Wednesday, we will debate our budget bill at third reading, and then we will start the second reading debate on Bill C-36, the Protection of Communities and Exploited Persons Act, which my seatmate, the Minister of Justice, tabled yesterday.

We will continue the debates on Bill C-36 and Bill C-24, if extra time is needed, on Thursday. After those have finished, and on Friday, we will resume the uncompleted debates on Bill C-3, the Safeguarding Canada's Seas and Skies Act, at third reading; Bill C-6, the Prohibiting Cluster Munitions Act, at report stage; Bill C-8, the Combating Counterfeit Products Act, at third reading; Bill C-18, the Agricultural Growth Act, at second reading; Bill C-26, the Tougher Penalties for Child Predators Act, at second reading; Bill C-32, the Victims Bill of Rights Act, at second reading; and Bill C-35, the Justice for Animals in Service Act (Quanto's Law), at second reading.

To make a long story short, we have accomplished much in the House over the last week, but we still have much left to do, which inspires me to note that in the week ahead I have to take my automobile in for maintenance. At that time, when I take it to the dealership, I hope one person will work on it for an hour, get the job done, and then return it to me at a reasonable cost. I do hope I am not told, “There are still many more employees who have not had a chance to have a shift working on your car as well, so we are going to keep it here another three days and give everybody a turn to work on your car.” I hope the dealership will do as Conservatives do: get the job done and then deliver me the product.

Veterans Hiring ActGovernment Orders

June 3rd, 2014 / 3:05 p.m.
See context

Conservative

The Speaker Conservative Andrew Scheer

Pursuant to an order made on Wednesday, May 27, the House will now proceed to the taking of the deferred recorded division on the motion at the second reading stage of Bill C-27.

Call in the members.