National Maternity Assistance Program Strategy Act

An Act respecting the development of a national maternity assistance program strategy

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Mark Gerretsen  Liberal

Introduced as a private member’s bill. (These don’t often become law.)

Status

Third reading (Senate), as of April 11, 2019
(This bill did not become law.)

Summary

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

The purpose of this enactment is to provide for the development and implementation of a national maternity assistance program strategy to support women who are unable to work due to pregnancy and whose employer is unable to accommodate them by providing reassignment.

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 14, 2017 Passed 3rd reading and adoption of Bill C-243, An Act respecting the development of a national maternity assistance program strategy
Oct. 26, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

Royal Recommendation for Bill C‑237Point of Order

March 28th, 2022 / 11 a.m.
See context

Bloc

Alain Therrien Bloc La Prairie, QC

Mr. Speaker, on Monday, February 28, the Chair encouraged members who would like to make arguments regarding the requirement for a royal recommendation with respect to Bill C‑237 to do so as soon as possible. I would like to make some arguments. I will be brief.

Bill C‑237 amends the Federal-Provincial Fiscal Arrangements Act to provide that a province may withdraw from a federal program in an area under the legislative authority of the province if, and only if, the province itself has a program whose objectives are comparable to those of the federal program. The province that withdraws is to be paid the same amount of money it would have received had it participated in the federal program.

By the same token, it amends the Canada Health Act, but only for Quebec. I will not reiterate the arguments that the bill's sponsor, the member for Bécancour—Nicolet—Saurel, so eloquently laid before us on March 1, but I fully agree with everything he said. Like him, I feel that Bill C‑237 does not require a royal recommendation because it does not change the amounts transferred to the provinces, how funds are divided among the provinces, the end use of the funds or the executive's power to determine whether a province has a comparable program that justifies withdrawing from the program.

I would like to add a few points for the Chair to consider.

Section 54 of the Constitution Act, 1867, grants the power of initiative in tax matters to the Crown as follows:

It shall not be lawful for the House of Commons to adopt or pass any Vote, Resolution, Address, or Bill for the Appropriation of any Part of the Public Revenue, or of any Tax or Impost, to any Purpose that has not been first recommended to that House by Message of the Governor General

It clearly states “any purpose”. The same term is used in Standing Order 79.

Over the years, the Chair has had occasion to clarify the scope of that term. According to page 838 of House of Commons Procedure and Practice, third edition, the Chair has ruled that in order for a private member's bill to proceed without a royal recommendation, its objects, purposes, conditions and qualifications must not be significantly altered.

My colleague from Bécancour—Nicolet—Saurel introduced a series of bills comparable in scope to Bill C‑237 that did not have royal recommendation.

On March 22, the Parliamentary Secretary to the Leader of the Government in the House of Commons presented two cases where the Chair had ruled that the bills required royal recommendation. These two bills have something in common. In both cases, the change in the conditions and qualifications opened the door to potentially increasing the amount of spending. In the case of Bill C‑490 introduced in 2007, it is clear. In addition to increasing the guaranteed income supplement, the bill set out that a person could retroactively receive the benefits for all the previous years they were entitled to receive them but did not apply for them.

The change in conditions and qualifications significantly increased the amount of spending. The Chair was absolutely right in that case to require royal recommendation.

The government also brought up the example of Bill C‑243, introduced in 2016, which was similar. It provided for a pregnant woman to obtain employment insurance maternity benefits before giving birth if her work posed a risk to her health or her pregnancy. It is true that the weekly benefit would not change. It is also true that the maximum number of weeks of benefits would not change either, but a third of new mothers do not draw the maximum number of weeks because they return to work before using them all.

We can assume that a significant number of women would draw maternity benefits for longer if they started to receive them a month, two months, or even three months sooner. Thus, the changes to the employment insurance eligibility conditions that were set out in Bill C‑243 had the potential effect of increasing the amount of spending.

Therefore, it was logical that a royal recommendation be required for that bill.

That is not the case with Bill C‑237. There is no possibility whatsoever that the bill will result in new spending or that its purpose will change. The government is suggesting a very broad interpretation of the royal recommendation. It is suggesting that when a bill with financial implications changes a condition or a qualification, it must be accompanied by a royal recommendation.

If that were the case, a bill to change the colour of a form would also require a royal recommendation because it would change the condition for access to a program, even though it would not change the amount or the purpose, which are the terms used in the Constitution or the Standing Orders. That is definitely not the spirit of the Standing Orders, as in future it would not be possible to make any amendements whatsoever to any budget bill.

In closing, in the Chair's interpretation of what constitutes a significant change when a bill amends the conditions and qualifications associated with spending, I suggest that we look to the terms used in both the Constitution and the Standing Orders. Does it change the amount of the expenditure? Does it change the purpose of the expenditure? If it does not change one or the other, it should not require a royal recommendation. In that sense, I believe that we should be able to vote on Bill C‑237 at all stages, even if the Crown were to refuse to grant a royal recommendation.

Royal Recommendation for Bill C-237Points of OrderGovernment Orders

March 22nd, 2022 / 5:25 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I have two points of order that I would like to address.

I am rising on this particular point of order in response to the Speaker's statement on February 28, 2022, respecting the need for a royal recommendation for Bill C-237, an act to amend the Federal-Provincial Fiscal Arrangements Act and the Canada Health Act, sponsored by the member for Bécancour—Nicolet—Saurel.

Without commenting on the merits of Bill C-237, I note that the bill would exempt Quebec from the national criteria and conditions set out for the Canada health transfer. Section 24 of the Federal-Provincial Fiscal Arrangements Act sets out certain conditions and criteria for payments to provinces for health transfers:

a Canada Health Transfer in the amounts referred to in subsection 24.1(1) is to be provided to the provinces for the purposes of

(a) maintaining the national criteria and conditions in the Canada Health Act, including those respecting public administration, comprehensiveness, universality, portability and accessibility, and the provisions relating to extra-billing and user charges.

Bill C-237 also seeks to amend the Canada Health Act to make a corresponding change to exempt Quebec from abiding by the criteria and conditions for a cash contribution from the government to the provinces for the purposes of providing health care services. The purpose of the Canada Health Act is to set out in section 4 of the act:

The purpose of this Act is to establish criteria and conditions in respect of insured health services and extended health care services provided under provincial law that must be met before a full cash contribution may be made.

Section 5 of the Canada Health Act provides for cash contributions for each province in relation to the Canada health transfer.

Section 7 of the Canada Health Act sets out the criteria that a province must satisfy in order to receive a cash contribution. These criteria are more fully articulated in sections 8 to 12 in the act. Section 7 states:

In order that a province may qualify for a full cash contribution referred to in section 5 for a fiscal year, the health care insurance plan of the province must, throughout the fiscal year, satisfy the criteria described in sections 8 to 12 respecting the following matters:

(a) public administration;

(b) comprehensiveness;

(c) universality;

(d) portability; and

(e) accessibility.

As House of Commons Procedure and Practice, third edition, states at page 772:

Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.

The provision of full cash contributions from the federal government to the provinces for health care services is tied to the ability of provinces to satisfy the conditions set out in section 7 of the Canada Health Act and section 24 of the Federal-Provincial Fiscal Arrangements Act. The royal recommendation includes the maximum charge on the consolidated revenue fund and is tied to the purposes, terms, conditions and qualifications for the authorization of expenditures.

Since Bill C-237 seeks to remove the terms, conditions and qualifications of the statutory spending authority, I submit that a new royal recommendation would need to be obtained for the purposes set out for health transfers to provinces envisaged in Bill C-237.

Speakers have consistently ruled that bills seeking to impose a new charge on the consolidated revenue fund, change the qualifications or alter the terms and conditions need to be accompanied by a royal recommendation.

On December 6, 2016, Speaker Regan noted:

On May 8, 2008, Speaker Milliken delivered a ruling on Bill C-490, an act to amend the Old Age Security Act (application for supplement, retroactive payments and other amendments). While the bill clearly provided for increases in supplements, it also made changes in the manner in which people applied for benefits and the extent to which qualified persons could claim benefits retroactively. In Speaker Milliken’s view, this:

...would alter the conditions and qualifications that were originally placed on public spending on old age security payments when those benefits were approved by Parliament.

On December 6, 2016, the Speaker ruled on the need for a royal recommendation for Bill C-243, an act respecting the development of a national maternity assistance program strategy and amending the Employment Insurance Act, maternity benefits. The Speaker stated:

In this case, Bill C-243 does not impose any new charge on the public treasury but creates a new set of conditions, relating to the safety of their workplace for their pregnancy, under which pregnant women could have access to benefits related to their pregnancy from as early as 15 weeks before the birth of their child. Though the sponsor of the bill argues otherwise, the Chair is not convinced that the current act allows spending under the circumstances, in the manner, and for the purposes he proposes. This being a circumstance not yet envisioned in the Employment Insurance Act, it infringes on the terms and conditions of the initial royal recommendation that accompanied that act and therefore requires now a new royal recommendation. This remains the case, even if the total amount of benefits stays the same.

Consequently, the Chair will decline to put the question on third reading of the bill in its present form unless a royal recommendation is received.

A royal recommendation may only be obtained by a minister of the Crown on the advice of the Governor General. In the absence of a royal recommendation, Bill C-237 may proceed through the legislative process in the House up until the end of the debate at third reading. In cases in which the Speaker has ruled that a royal recommendation is required and it has not been provided before the third-reading vote, the Speaker refuses to put the question at third reading and orders the bill discharged from the Order Paper.

I submit that this is the case before you, Mr. Speaker, with respect to Bill C-237.

Canada Labour CodePrivate Members' Business

April 1st, 2019 / 11:30 a.m.
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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Madam Speaker, I am happy to join this debate on Bill C-420. I had to check my prepared text. I actually agreed with a number of points my colleague across the way made. I wanted to make sure that we had it right in the text.

I would like to use my time to speak about the current situation and where we are with the three prominent issues that arise from this piece of legislation: the use of replacement workers, the situation for pregnant and nursing employees, and the Charter of the French Language in Quebec. Through my comments I hope I will be able to share with the chamber and with colleagues the concerns the government has with this piece of legislation.

Let us start with replacement workers. The Canada Labour Code balances a union's right to strike with an employer's right to attempt to continue operating despite a work stoppage. The current provisions in part 1 of the code already limit the use of replacement workers. Indeed, federally regulated employers cannot use replacement workers to undermine a union's representational capacity. In fact, federally regulated private sector employers rarely use replacement workers. More often, management, supervisors and other non-bargaining personnel are reassigned to take the place of striking workers.

The current provisions in the code related to replacement workers are the result of a broad and comprehensive review that represents a carefully crafted compromise between the interests of employers and the interests of trade unions that could not be achieved through a private member's bill or through the private member's bill process.

In the past, both labour and employer organizations have been highly critical of changes being made to federal labour relations legislation through the use of private member's bills without prior consultation with all stakeholders.

The Canadian Labour Congress has said in the past:

...we urge the federal government to stop the introduction of one-off changes to the Canada Labour Code. Amendments should not be made through private members' bills. They should be made with concerted pre-legislative consultation that engages employers, unions and government.

Members who were in the House at the time will remember that one of the first actions our government took was to repeal the Conservative private member's bills Bill C-377 and Bill C-525, which upset the balance of rights and responsibilities between federally regulated employers and unions.

Good labour relations are a key element of an economic system, and indeed, of the prosperity of this country. If legislative changes are to be considered for part 1 of the code, let us do it the right way, through real and meaningful consultation and engagement with unions, employers and all stakeholders.

The current provision in the code was achieved through a thorough and meaningful tripartite process. It strikes a balance between the interests of unions and the interests of employers. It allows each side to exercise pressure on the other. If passed, Bill C-420 could upset that balance.

Regarding pregnant and nursing employees, the code currently contains provisions that give a pregnant or nursing employee the right to ask to be reassigned or to have her job modified, without loss of pay or benefits, if there is a risk to her health or the health of the fetus or the child. If a reassignment is not possible, the woman may take a leave of absence for the duration of that risk.

Also, an employee may be entitled to leave with pay to obtain a medical certificate or while waiting for her employer to respond to a reassignment request. Any additional leave is without pay. However, the employee may be entitled to benefits under an insurance plan or a sick leave program provided by the employer or to benefits through the employment insurance program.

As mentioned by my colleague across the way, the fact is that currently only Quebec specifically offers preventative withdrawal job protection with wage replacement for pregnant and nursing women.

If passed, Bill C-420 would put pressure on provinces and territories that do not have preventative withdrawal provisions. Moreover, our government is already supporting another related private member's bill, Bill C-243, an act respecting the development of a national maternity assistance program strategy, which was passed in the House June 14, 2017, and is currently being studied by the other place.

The purpose of Bill C-243 is to consult on the development and implementation of a national maternity assistance program strategy. The objective is to support women who are unable to work due to pregnancy and whose employer is unable to accommodate them by providing reassignment. If Bill C-243 passes, it would require consultations with provincial and territorial governments and other stakeholders. It is reasonable to believe that the results of such consultations would have an impact on the mechanism proposed in Bill C-420.

Finally, I will speak about the Charter of the French Language in Quebec. In 1982, the Constitution Act enshrined English and French as Canada's official languages. It also provided that they have equality of status in all institutions of Parliament and of the Government of Canada.

Two separate statutes regulate the language of work in Quebec: the Charter of the French Language, enacted 1997, and federally, the Official Languages Act, enacted in 1969 and revised in 1988.

While the government is sensitive to the preference of francophone Quebeckers to work in French, there is little documented evidence that francophones face difficulties working in French in federally regulated private enterprises in Quebec. In fact, according to the 2016 census in Quebec, an increasing number of workers whose mother tongue is English or another language use French as their main language at work or equally with English. About 48% of workers whose mother tongue is another language primarily used French at work in 2016. That is compared to 46.5% in 2006. Similarly, about 25% of workers whose mother tongue is English mainly used French at work in 2016, compared to 23% in 2006. That is an increase in both measurements. Moreover, the federal labour program has never received a complaint from a federally regulated private sector employee in Quebec concerning an inability to work in French. Indeed, in 2013, a government report concluded that these employees are generally able to work in French in their workplaces.

One last thing I must point out is that corporations active in Quebec, including those incorporated under the Canada Business Corporations Act, are already required, under provincial law, to comply with the Charter of the French Language, which includes having a French name when registering to carry on business in Quebec.

There we have it: Canada's current position when it comes to replacement workers, pregnant and nursing employees and the Charter of the French Language in Quebec. Now that members can see the full picture, they can understand why the government cannot support Bill C-420.

Canada Labour CodePrivate Members' Business

January 30th, 2019 / 5:50 p.m.
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Liberal

Dan Ruimy Liberal Pitt Meadows—Maple Ridge, BC

Madam Speaker, I thank the House for permitting me to be a part of the debate on Bill C-420, tabled by my colleague the hon. member for Mirabel.

First of all, I would like to remind the House what this bill is about.

Bill C-420 would amend the Canada Labour Code, also known as the code, in order to accomplish three things.

First, it would prohibit employers from hiring replacement workers to perform the duties of employees who are on strike or locked out.

Second, it would authorize the minister of labour to enter into an agreement with the government of a province to provide for the application to pregnant and nursing employees of certain provisions of the provincial legislation concerning occupational health and safety.

Lastly, Bill C-420 would amend the Canada Labour Code, the Official Languages Act and the Canada Business Corporations Act to clarify the application of the Charter of the French Language in Quebec.

Tabling the bill gives us the opportunity to review the Government of Canada's actions in regard to labour relations especially, as well as in regard to working conditions for pregnant and nursing employees.

I want to use my time today to go over some of the actions that have been taken.

Let us talk first about what Bill C-420 proposes to do with regard to replacement workers and labour relations reform in Canada.

The bill seeks to amend the code to make it an offence for employers to hire replacement workers to perform the duties of employees who are on a lawful work stoppage. Any contravention of this provision would entail a fine of up to $10,000 for the employer. The bill would also permit an employer to not reinstate any locked out or striking employee at the end of the work stoppage.

We have to keep in mind that amending the code can have an impact on labour relations if it is not done properly. Any proposed amendment requires a broader comprehensive review of part I, as well as a tripartite consultation process that involves the government, the labour movement and, of course, employers. In fact, all concerned parties, including academics and external stakeholders, should be consulted since these reforms would affect a great number of Canadians across the country.

It is a long-standing practice not to amend the code in a piecemeal fashion or without soliciting the input of affected stakeholders. The current provisions in the code are the result of such a review and represent a carefully crafted compromise between the interests of employers and trade unions.

Let me provide an example. In 1995, a working group, mandated by the minister of labour, led an extensive public consultation on part I of the code. Workers, employers and government stakeholders were consulted, as well as external stakeholders, such as academics and others, who could provide relevant insight. The working group's report, entitled “Seeking a Balance”, formed the basis of the significant changes to part I of the code that came into effect in 1999.

The consultation process is critical to any legislative changes made to industrial relations at the federal level and our government has always respected that.

Since our government took office, we have been committed to re-establishing a fair and balanced approach to labour relations in Canada. Re-establishing a climate of collaboration and developing evidence-based policies is our objective. The very first step we took in that direction was to table Bill C-4 to repeal Bill C-377 and Bill C-525. We did this because Bill C-377 and Bill C-525 were both adopted without having been through the aforementioned tripartite consultation process typically applied to labour law reforms. This process is an essential part of the foundation that supports free collective bargaining.

Let us talk now about pregnant and nursing employees. The health and safety of all workers, including pregnant and nursing workers, is a priority for our government. Let us not forget that federally regulated workers everywhere in Canada are very well protected by the strong provisions on preventive withdrawal provided for in the code. In fact, the code contains provisions on reassignments and leaves of absence for pregnant and nursing employees. These provisions provide protective measures to help them to pursue their employment in a safe environment.

In addition to provisions already in place, our government has taken a number of actions to ensure the health and safety of all employees, including pregnant and nursing employees. First, we have put forward new compliance and enforcement measures for occupational health and safety standards and labour standards. These measures include monetary penalties and administrative fees for employers who are repeat offenders, the authority to publish the names of these employers, greater power for inspectors, new recourse against reprisals, and improvements in the wage-recovery process.

Next, we have introduced amendments to the code to give federally regulated private sector employees the right to request flexible work arrangements. We have also put forward a series of new leave provisions, including a five-day personal leave, of which three days are paid, and five days of paid leave for victims of family violence, out of a total of 10 days of leave.

In addition to these provisions, other recently introduced amendments to the code would provide eligible working parents with improved access to maternity and parental leave once these amendments come into effect.

On top of all that, I must remind everyone that the government supported Bill C-243, an act respecting the development of a national maternity assistance program strategy. The bill is now in the other House for review.

Let us now turn our attention to the Charter of the French Language in Quebec. The 1982 Constitution Act, which enshrines English and French as our country's official languages, provides that both these languages be given equal status in all governmental and parliamentary institutions. Additionally, two separate statutes, the Quebec charter and the federal Official Languages Act, regulate the language of work in Quebec. Active companies in Quebec, including those incorporated under the Canada Business Corporations Act, are already required under provincial law to comply with the Charter of the French Language. That includes being registered under a French name.

Consider also that the labour program has never received any complaints from federally regulated private sector employees in Quebec concerning an inability to work in French. This is backed up by a 2013 government report that concluded that these employees in Quebec seem generally able to work in French in their workplaces. If we look at Quebec's 2016 census, there are, in fact, an increasing number of workers using French as their main language, or equally with English, while on the job. Between 2006 and 2016, the rate of workers whose mother tongue was English and who mainly used French at work rose from about 23% to 25%. Meanwhile, workers whose mother tongue was a language other than English or French and who mainly used French on the job increased from 46.5% to 48% during this same period.

As members can see, our government is proactive not only on the issue of labour relations, but also on the issue of working conditions for all Canadians, including pregnant or nursing women, as well as on the issue of language of work for federally regulated employees in Quebec.

In conclusion, I would like to congratulate my colleague, the hon. member for Mirabel, for his important work on Bill C-420.

The House resumed from June 7 consideration of the motion that Bill C-243, An Act respecting the development of a national maternity assistance program strategy, be read the third time and passed.

National Maternity Assistance Program Strategy ActPrivate Members' Business

June 7th, 2017 / 6:05 p.m.
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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Mr. Speaker, it is a great privilege for me to here on behalf of my riding of Saint John—Rothesay. As members know, I love my riding. It is an industrial riding and a union riding.

I am here today to speak to Bill C-243, put forward by my colleague from Kingston and the Islands. The bill raises important issues, such as health and job security.

Just as important for our government is our commitment to help the middle class and those working hard to join it. To respect this commitment, we have to give all workers in the country an equal opportunity. The government recognizes that pregnancy should not be a barrier to full employment. We recognize that we must ensure workplace health and safety for pregnant workers.

The Canada Labour Code has provisions that guarantee safe working conditions to all workers in federally regulated sectors, including pregnant and nursing employees.

We also believe that pregnant workers should be able to benefit from more flexibility when the time comes to take their maternity leave. This is particularly true in cases where pregnant women have to stop working earlier than expected because of the risks their job could pose to their health or that of their babies.

I will take the few minutes I have to talk to the House about what our government is doing to help these workers, as well as their families, across the country. In particular, I would like to elaborate on the measures proposed in budget 2017 to increase the flexibility of El special benefits. The special benefits under the El program help parents balance work and family life.

Each year, this program helps thousands of eligible Canadians prepare and care for a new baby or take care of a family member who is critically ill. It is our responsibility to ensure that these measures remain appropriate and accessible for Canadian workers seeking to balance their professional careers and personal lives.

Let us start with parental benefits.

Starting a family presents certain challenges, especially for working parents. Measures set out in budget 2017 offer these parents flexibility. Parents will be able to choose the option that best suits their needs based on their work and family situation.

Under the proposed changes, parents will have two options. For the first option, which corresponds to the standard 35-week period for parental benefits, claimants can receive El parental benefits at the current rate of 55% of their average weekly earnings for a period of up to 12 months. For the second option, the extended 61-week parental benefits period, claimants can receive El parental benefits at a rate of 33% of their average weekly earnings over a period of 18 months.

These changes represent an investment of $152 million over five years, starting in 2017-18, and $27.5 million per year. In addition, parents can continue to share the benefits.

Moreover, we are proposing to allow pregnant women to apply for El maternity benefits up to 12 weeks before their expected delivery date, if they wish to do so. This means more flexibility compared to the current standard of eight weeks. This additional flexibility is expected to amount to $43.1 million over five years, starting in 2017-18, and $9.2 million per year.

In budget 2017, we are also offering more support for caregivers. We are proposing the creation of a new El benefit for a period of up to 15 weeks. This new caregiver benefit will allow Canadians to care for an adult family member who is critically ill or injured.

These benefits would be provided to people caring for an adult family member who is critically ill but not at the end of life.

This is a first for employment insurance. We are very proud of this measure. I must add that this new benefit would supplement the existing compassionate care benefit for people caring for family members who are critically ill and in end-of-life situations.

Parents of critically ill children would continue to have access to up to 35 weeks of benefits. They would now be able to share these benefits with more family members.

For some time now, we have wanted to increase the flexibility of the different types of parental benefits to better respond to families' needs. We made sure to do this right. That is why we worked together with all of our partners. I am talking about Canadians and numerous stakeholders. Together we studied the possible changes to employment insurance. Most of all, we listened to people from coast to coast to coast, and the changes we are making are the ones people asked us to make.

Last fall, we held on-line consultations with Canadians. We asked them how they felt about the idea of offering more flexible EI maternity and parental benefits and leaves under the Canada Labour Code. We also asked them for their views on the idea of offering more inclusive caregiver benefits and leaves for Canadians caring for a family member. We also hosted a stakeholder round table last November. Among the participants were representatives of the medical community, health charities, family advocacy groups, unions, and business associations. We made a commitment to take measures to improve EI benefits, and that is what we are doing. These changes would ensure greater financial security for Canadian workers and their families when they need it the most.

In conclusion, there is no doubt that our government is making a real difference for workers, especially female workers, across Canada. We are taking this action because their well-being, health, and safety are of the utmost benefit and importance to us. Giving everyone an equal opportunity means the middle class and those working hard to join it will be better off.

I can certainly say first-hand from the riding of Saint John—Rothesay that the response to this bill has been outstanding. Workers who are thrilled with these proposed changes come into my office every week, and I am honoured again to speak to these changes on behalf of my riding of Saint John—Rothesay.

National Maternity Assistance Program Strategy ActPrivate Members' Business

June 7th, 2017 / 5:55 p.m.
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Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Minister of Families

Madam Speaker, I am pleased to have this opportunity to speak to Bill C-243, as put forward by my colleague from Kingston and the Islands, and to commend him for the work on this legislation and for raising awareness of this extraordinarily important issue about equity and equity for women in the workplace.

It is a sign of the times and the generational change starting to happen in the House as we see men step up in ways that are extraordinarily progressive. They find imaginative ways to address not women's issues, but societal issues that have a gender component to them and the gender analysis that is required to start to create a more equal society and also bring women into places where they perhaps would not have had the opportunity to work as a result of some of the challenges, especially younger women in their child-bearing years.

The bill focuses on the health and safety of pregnant workers in the workplace. In particular, the bill would mandate the Government of Canada to invite provinces and territories and relevant stakeholders to consult on the prospect of a national maternity assistance program.

I have a couple of quick notes in response to the previous speaker.

As the bill moved through the process of introduction, committee, through the budget process, and now onto the floor for third reading, a doctor's note is no longer a mandatory requirement as part of this provision, as the issues that were raised and the concerns that were highlighted have been dealt with through the collaboration of cabinet talking to the private member's bill. The committee heard some excellent evidence to make the bill better as well.

Additionally, some of the flexibility that took away the pressure on the need for royal consent has given the bill more flexibility and, in doing so, has also accommodated the situation where an unexpected pregnancy, which also produces a child more quickly than expected, can now be accommodated in a way that protects the woman's right to ensure income continues to come into the household so the family is sustained and supported properly.

On top of that, we have also taken a number of other steps around EI reform and revision to make EI more flexible but, more important, more easily accessible with respect to the time from application to receiving benefits. This too was an important component that was added to the process as we were seized by this issue, in large part because of the presentation by the member for Kingston and the Islands.

We are looking to support pregnant women in the workplace. We are also ensuring we minimize and deal with the risks to their health and to the health of their unborn children. We are also ensuring that when the employer is unable to accommodate them through reassignment, there are mechanisms in place to support the family, the mother, and the child.

I would like to again state that the government supports Bill C-243, as amended by the standing committee. I will also take a few minutes to talk about some of the other measures contained in budget 2017 that also deal with this issue and work to protect the health and safety of pregnant workers and nursing employees, with which is also an important issue our caucus is seized.

Starting in 2017-18, $886.4 million will be spent over five years, and $204.8 million per year to make employment insurance caregiving, parental, and maternity benefits more flexible to meet all of their diverse needs of families. There is more to this issue than simply the situation facing pregnant workers.

With budget 2017, we are helping working parents face the challenges that come with a growing family and we are offering more flexible arrangements to pregnant workers. We are proposing to make employment insurance parental benefits more flexible.

Budget 2017 introduced choice and flexibility for parents. Parents will be able to choose the option that best suits their needs based on their work, their family situation, and their child care circumstances.

Under the proposed changes, parents will have two options: receiving El parental benefits over a period of up to 12 months at the existing benefit rate of 55% of their average weekly earnings, or over an extended period of up to 18 months at a benefit rate of 33% of their average weekly earnings. In either case, eligible parents will receive roughly the same level of support.

Investing in El parental benefits to make them more flexible is expected to amount to $152 million over five years starting in 2017-18, at the rate of about $27.5 million per year. Parents will continue to be able to share these benefits, and that is an important component as well.

Through budget 2017, we also proposed additional supports for caregivers. We proposed to create a new employment insurance benefit that would last up to 15 weeks. This new benefit will allow Canadians to care for an adult family member who is critically ill or injured, a benefit we pay to people caring for an adult family member who is critically ill but is not at the end of his or her life. This is a first for employment insurance.

Any of us who have dealt with family situations involving complex illnesses know that the severity of those illnesses do not necessarily give one a prescriptive timetable in which to take time away from work. This flexibility and acknowledgement of some of the challenges facing Canadian families is part how we are making EI more accessible, flexible, and fair. This new benefit supplements the existing compassionate care benefit, which continues to provide up to 26 weeks of benefits for those who leave work to care for family members in end-of-life situations.

Parents of critically ill children will continue to have access of up to 35 weeks. They will now be able to share these benefits with more family members as part of the flexibilities. To implement these measures, budget 2017 proposes to amend the Employment Insurance Act.

Additionally, our government is also proposing to amend the Canada Labour Code to ensure that workers in federally regulated sectors have the job protection they need while they are receiving caregiving, parental or maternity benefits. Of particular interest in the present debate is the proposal in budget 2017 that will also allow pregnant women to claim El maternity benefits up to 12 weeks before their due date, up from the current eight weeks, if they so choose. This is how we have worked with the member to ensure his goals are realized. This investment in additional flexibility is expected to be about $43.1 million over five years, starting in 2017-18, and about $9.2 million a year thereafter.

The collaboration between the member for Kingston and the Islands, our government, and members from both sides of the House was valuable to advancing this private member's bill's policy agenda. For those of us who have watched private members' bills move through the House, sometimes with friction, sometimes with quite easy support, the work that the member did on this bill to ensure it not only got represented in the budget when it ran into some difficulties around the financing issue but by also working at committee with his colleagues to ensure he had an impact with his private member's bill, speaks well to not only the focus, but the integrity and the hard work of the member in question, and we thank him. In fact, families across the country owe this member a debt of gratitude.

We are making these changes to the employment insurance system because we care about the well-being of Canadian workers. We made those improvements because Canadians asked us to make these changes.

Last year, the Minister of Families, Children and Social Development and the member for Kingston and the Islands launched online consultations with Canadians on employment insurance around maternity, parental, and caregiving benefits. They asked how people felt about the idea of developing more flexible maternity and parental employment insurance benefits. However, we also requested their views on the idea of offering more inclusive benefits and leave provisions under the Canada Labour Code for Canadians caring for family members. This was all part of the process to develop this bill and ensure we got as much input as possible. Consultation does matter. It is not just a buzzword; it actually is something we do to improve legislation with Canadians for Canadians.

When asked about their challenges while being on maternity or parental leave, people mentioned that finances were their main concern, especially those who were in single-income families, and those with twins and multiple births. Difficulties finding suitable and affordable child care and problems qualifying for El benefits, while being self-employed or working on contract, were also brought up. More than half of the participants said that they would prefer taking longer combined maternity and parental leaves for up to 18 months at a lower El benefit if we could make that happen. In terms of caregiving benefits and leave, participants mostly talked about the financial, personal health, and emotional burdens of having to deal with these things without proper government supports.

Our government also hosted a stakeholder round table last November. Participants included representatives from the medical community, health charities, family advocacy groups, unions, and business associations. With respect to maternity benefits and leave, one of the things we heard was that early maternity leave was a health and safety issue and a human right. We also heard from stakeholders that changes to caregiving benefits and leave were needed to make those less restrictive as well.

We made sure to consult on potential changes to employment insurance with our partners, including the public, and numerous stakeholders. The implementation of Bill C-243 will have us engage provinces, territories, and the relevant stakeholders regarding the prospect of a national maternity assistance program.

Canada's employment insurance special benefits can be of support to eligible Canadians through important life events. Each year, these benefits help thousands of eligible Canadians to prepare and care for a new baby. We are happy to help. We are happy to partner with the member to support the bill. We want these benefits to remain appropriate for Canadian workers to help them balance their responsibilities.

Our government is on its way to make a fundamental change to the landscape for working women and men in our country all for the better, and in particular for our country' s children.

National Maternity Assistance Program Strategy ActPrivate Members' Business

June 7th, 2017 / 5:30 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

moved that Bill C-243, An Act respecting the development of a national maternity assistance program strategy, be read the third time and passed.

Madam Speaker, thank you for the opportunity to speak once again to my private member's bill, Bill C-243. I would like to begin with a couple of quick thanks, and then I will address the substance of the bill.

First of all, I would like to thank the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities for the careful study of the bill. I appreciate the efforts of all members of the committee, and I look forward to speaking to their proposed amendments shortly.

I would like to thank the nine witnesses who took the time to present constructive feedback to the committee for consideration. The witnesses represented a diversity of backgrounds, including women's advocacy groups, skilled trades organizations, and of course, Melodie herself, the welder in my community who inspired the bill. I hope that all of them will continue to be part of the important discussions going forward and if my bill is passed, their voices will be a critical part of the development of an effective national maternity assistance program that reflects all areas of the labour market, including women working in hazardous jobs.

As today will be the last opportunity to speak to Bill C-243 in the House, I would like to thank all members who have supported the bill from the beginning. Bringing forward legislation is one of the most important things that we do as MPs, and I truly appreciate all members and all parties who took the time to get involved in one way or another.

As one final thanks, I would like to take the opportunity to thank a staff member in my office. I know that all MPs greatly value the work that our staff do. There is one individual, Mr. Steven Patterson, who works in my office who started working on this file when I was told that I had a private member's bill coming up very early on. He was still a fourth year student at Queen's University studying politics. He started writing this bill from his dorm room in residence. He worked with me when we were challenged on royal recommendation, and in my opinion, put forward one of the smartest and best cases against royal recommendation that the House has seen, and further continued to work as this went through committee. Unfortunately, Mr. Patterson will be leaving me to go to law school, which was pretty much inevitable in the fall, and I want to greatly thank him for his participation in this. A warning to anyone out there who crosses paths with lawyer Patterson in the future, they want to make sure they are on his side because otherwise they will most likely be on the losing side.

I want to provide some background on this issue, and then get to the committee's amendments. My goal with the bill was to address one of the barriers for women who want to enter a so-called non-traditional job. I believe that we need to level the playing field, so that women have an equal opportunity to participate in all sectors of the labour force.

I am pleased to see that budget 2017 includes strong measures to do exactly that. Specifically, budget 2017 proposes to allow women to claim EI maternity benefits up to 12 weeks before their due date, which is expanded from the current standard of eight weeks if they so choose. While there are some small differences between this and my original bill, this change introduces exactly the kind of flexibility that I and so many others have been advocating for with the bill.

Budget 2017, which was introduced one day before the committee began its study of my bill, obviously has implications for the future of Bill C-243. Therefore, I support the committee's decision to remove the employment insurance provisions of Bill C-243 found in sections 6 and 7, as with the passing of budget 2017, they will have essentially been addressed.

It is important to note that these changes leave the first part of the bill, the national strategy, essentially unchanged. The bill in its current form specifically calls on the Minister of Employment to develop a comprehensive strategy to ensure that pregnancy is not a barrier to a woman's full and equal participation in all aspects of the labour force. To be honest, this has always been the most important part of the bill as the changes to EI were only ever intended to be a first step and not a final solution.

The strategy would give the government a proposed mandate to engage in broad consultations, and to consider more comprehensive and long-term solutions. The other amendments, such as adding greater emphasis on gender equality, are also consistent with the goal and purpose of Bill C-243. I support the decision of the committee, and I would urge all members of this House to vote yes on Bill C-243 at third reading.

I want to reiterate why I feel having this debate and developing a strategy is so important. Many of the discussions we have in this place and throughout the country about equality in the workforce, as it relates to gender equality, specifically for some reason seem to focus on including more women as doctors, lawyers, business leaders, and politicians.

While well-intentioned, these conversations often neglect the fact that many women want a career in other fields, including physically demanding jobs like skilled trades and construction. These are good paying jobs and according to Statistics Canada, employees in the trades earn an average hourly wage that is about 6% higher than other occupations.

While the wages are good, in many cases there is a shortage of labour to meet the demand. Over the next 5 to 10 years, 40% of current tradespeople will need to be replaced, and the Conference Board of Canada has predicted that one million skilled workers will be needed by 2020. This skills gap would hurt Canada's competitiveness, but more important, it is an opportunity. In my opinion it is an opportunity for a win-win. We have the opportunity to get more women involved in skilled trades, and in lines of work that have a higher demand, and at the same time we have the opportunity to fill these vacant positions that will be created very soon.

Finally, the national strategy proposed in Bill C-243 is an opportunity to promote gender equality while addressing this very real economic challenge.

National Maternity Assistance Program Strategy ActPrivate Members' Business

June 7th, 2017 / 5:30 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

moved that Bill C-243, An Act respecting the development of a national maternity assistance program strategy, as amended, be concurred in.

(Motion agreed to)

The House proceeded to the consideration of Bill C-243, An Act respecting the development of a national maternity assistance program strategy, as reported (with amendments) from the committee.

Employment Insurance Act—Speaker's RulingPoints of OrderRoutine Proceedings

May 29th, 2017 / 3:20 p.m.
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Liberal

The Speaker Liberal Geoff Regan

Before proceeding to the orders of the day, I wish to draw the House's attention to Bill C-243, an act respecting the development of a national maternity assistance program strategy and amending the Employment Insurance Act, maternity benefits, standing in the name of the member for Kingston and the Islands.

The Chair would like to remind members of a ruling made on December 6, 2016. In that ruling, I stated that the bill as it then stood needed to be accompanied by a royal recommendation.

On May 3, 2017, the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons With Disabilities reported the bill with amendments. The Chair has carefully examined these amendments and confirms that the bill, as amended, no longer requires a royal recommendation. Consequently, debate may proceed and, when appropriate, all necessary questions to dispose of the bill will be put.

I thank hon. members for their attention.

May 17th, 2017 / 5:15 p.m.
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Melodie Ballard As an Individual

My purpose today is to speak to the changes occurring as a result of the budget tabled in Parliament on March 22, 2017, specifically changes to the maternity and parental leave benefits from the Employment Insurance Act and Canada Labour Code.

For those of you who are not familiar with my story, it was the inspiration behind MP Mark Gerretsen's private member's bill, Bill C-243, an act respecting the development of a national maternity assistance program strategy and amending the Employment Insurance Act.

In 2014, I unexpectedly became pregnant. At the time, I was working a dangerous job. I was not able to continue in my position with my employer while pregnant, due to the many hazards of the job, and my employer was not able to offer me accommodation by way of a suitable temporary position. I discovered then that there was no coverage, federal or otherwise, for an early pregnancy leave from a dangerous job. I became very entangled in our system, dependant on programs that weren't designed to sustain me in my situation.

I campaigned the issue to the 41st Parliament, without result. Not one to give up easily, once the 42nd Parliament had settled in, I took the issue up again with my new local MP. From there, in an effort to amend the issue, Bill C-243 was created.

My early maternity leave and parental leave was a tumultuous time in my life, wherein I a gained a lot of insight into what it's like to be a vulnerable person, failed by our social system. I am now in what I call “the hamster wheel of poverty,” having to constantly concern myself with housing, moving, affording basic needs, and parenting, with little energy and resources left to actually improve my situation.

This is the result of a social system that has not kept up with both the cost of living and the diverse needs of the population. This is what happens when cost of living is not delivered, and it's worth considering that I am more expensive to society in the hamster wheel than if I had just had a proper leave program to begin with.

I hadn't expected to fall into a federal aid gap. I didn't know there was one. To say I am disappointed with my maternity leave experience is an understatement. I am devastated, but I'm also solution driven, and playing a part in improving the system is giving purpose to my pain and allowing me to move on. While the upcoming changes to the maternity leave from the budget tabled on March 22, 2017 are what can be best described as a small step forward in the right direction, they are most welcome all the same.

I've noted a common theme from families and professionals offering feedback on the maternity and parental leave program in Canada, and that is simply the ability to customize a leave that works best for their growing family. Our circumstances, abilities, priorities and aspirations are so varied in this country. As Canadians, we need options that acknowledge those diverse needs.

I am pleased to see this budget allows for the addition of an extended leave option and more flexibility in timing the start of maternity leave. I must, however, criticize the payment of parental benefits over a long period, at a lower benefit rate of 33%. The lower rate disincentivizes use and is less likely to be found as a viable option to low-income or single-parent families, but it is an option that adds flexibility for some families, and with the attitude that it can be improved upon in the future, I support it.

While I understand that protecting the 15-week maternity leave period from the pressures of work for the purpose of safeguarding health and allowing child-parent bonding is extremely important, I encourage you all to look at parental leave a bit differently, because 33% of most people's income is not going to meet their cost of living. Either the federal government needs to meet the cost of living, or the regulations restricting income earning on parental leave need to change. People from low-income households especially are being alienated from these services. Adding flexibility for low-income people, without added cost to the government, is key in broadening Canadians' abilities to customize their parental leave.

I am not aware of an EI program that allows for a combination of receiving benefits while partially working, but if the federal government cannot afford to offer the cost of living during parental leave, then it's not useful to low-income families. For these families, or even parents in competitive careers who are torn between quality time with their children and not falling behind at work or on bills, please consider it. Consider, for example, that in a typical 40-hour work week, 22% of pay—the difference in this case—comes from just nine hours of work.

Consider allowing a recipient of parental leave, who does not otherwise receive a top-up from work, or whose income is below a threshold, to select the 18-month leave and top themselves up by working up to 18 hours in a biweekly period, or 22%, if they wish.

This flexibility would benefit low-income families. The result would be six days a week with their child instead of forgoing the program and only getting an average of two. While working to strengthen the middle class, let's make sure we're dropping ladders down the poverty pit, so that the middle class is not strengthened on the backs of people in poverty.

I applaud Minister Morneau's tabled budget changes for maternity and parental leaves and the government's efforts in improving the system.

Thank you.

May 4th, 2017 / 9:10 a.m.
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The Clerk

Absolutely. We do have a current example, Mr. Gerretsen's Bill C-243, for instance.

Human Resources, Skills and Social Development and the Status of Persons with DisabilitiesCommittees of the HouseRoutine Proceedings

May 3rd, 2017 / 3:25 p.m.
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Liberal

Bryan May Liberal Cambridge, ON

Mr. Speaker, I have the honour to present, in both official languages, the sixth report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities in relation to Bill C-243, an act respecting the development of a national maternity assistance program strategy and amending the Employment Insurance Act (maternity benefits).

I would like to thank the member for Kingston and the Islands and his staff, especially Steven Patterson, for all their hard work on this bill. The committee has studied the bill and has decided to report the bill back to the House, with amendments.

May 2nd, 2017 / 11:45 a.m.
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Liberal

Bryan May Liberal Cambridge, ON

My fourth and final amendment seeks to amend the French version of Bill C-243, in clause 4, by replacing line 12 on page 3 with the following:

4 (1) Dans les trois ans suivant la date d'entrée en vi-

I am proposing that the minister be given three years to lay before each house of Parliament a copy of a report setting out the conclusions of the consultations. That would give him ample time to consult the stakeholders specified, as well as those not yet considered. The extra time would be especially useful when it comes to compiling the information and writing the report to be laid out before each house of Parliament.

Finally, in English, my last amendment is that Bill C-243, in clause 4, be amended by replacing line 14 on page 3 with the following:

“House of Parliament within three years after the day on”

It's the same as in French. I'm suggesting that we give the minister three years, rather than two, to report the conclusions of the consultations on a national maternity assistance program to each House of Parliament.