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An Act to amend the Canada Labour Code (pregnant and nursing employees)

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Christine Moore  NDP

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

Status

Defeated, as of Oct. 4, 2017
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Canada Labour Code to authorize the Minister of Labour to enter into an agreement with the government of a province that provides for the application, to pregnant or nursing employees, of certain provisions of the provincial legislation concerning occupational health and safety.
It also requires the Minister to prepare a report on the agreements and to cause the report to be laid before each House of Parliament.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-345s:

C-345 (2023) An Act to protect firefighters, paramedics and other first responders
C-345 (2013) An Act to amend the Employment Insurance Act (special benefits)
C-345 (2011) An Act to amend the Employment Insurance Act (special benefits)
C-345 (2010) An Act to amend the War Veterans Allowance Act (allied veterans)

Votes

Oct. 4, 2017 Failed 2nd reading of Bill C-345, An Act to amend the Canada Labour Code (pregnant and nursing employees)

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:10 p.m.

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, I am very pleased to support my colleague from Abitibi—Témiscamingue, who introduced Bill C-345. I admire her greatly. She is the mother of two children aged two and about five months. When she is in Parliament, she is practically a single mother since she is here by herself with her five-month-old daughter who sticks to her like glue. The baby is always here with her. She gives speeches wearing a baby carrier and holding little Florence in her arms. Right now, the baby is just on the other side of the door, in the lobby.

The member is always taking care of her daughter and representing her constituents from Abitibi—Témiscamingue. She does an excellent job and she is passionate about her work. When she had children, she fought hard. She has been fighting for the past six years so that women MPs can have access to child care services tailored to their needs, in other words, ones that will accommodate a schedule that can be somewhat unpredictable, because of votes, for example. There was no day care on the Hill specifically for members. She fought for us to have a family room. Everywhere she goes, she fights so that women can continue to work and raise a family, regardless of their age. She really deserves a round of applause for that.

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:10 p.m.

Some hon. members

Hear, hear!

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:10 p.m.

NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Yes, I am truly proud to work with her, and I am proud to be a young female parliamentarian. If Bill C-345 were to pass, it would benefit other women facing other difficulties in high-risk work environments.

As my Conservative colleague said, passing this bill would improve working conditions for women in jobs involving pipelines and chemicals or flight attendants who have to spend long hours on their feet, allowing them to carry a pregnancy to term and even to continue caring for their child by nursing. My NDP colleague is keeping up the fight, which is very commendable. Even though it is hard for her right now, she is fighting for women in even tougher situations, so those women can keep working and living with dignity while being mothers.

I believe that being a woman should never be a disadvantage, a source of stress, or a reason to live in precarious conditions.

As my colleague, the member from Rosemont—La Petite-Patrie, already stated in one of his speeches, “In Quebec, we often boast about how we are more progressive, but that is not always true and has not always been the case.”

Women got the right to vote in 1940. Ever since, women have been fighting for full recognition of their rights. Many battles later, they won meaningful recognition of their equality.

Women in Quebec had to wait until 1979 for a maternity leave program for working women. In 2000, women marched to let the world know that they were still fighting for equality and fairness for all women. That fight is not over yet. When a woman chooses to carry a pregnancy to term, it is not because she fears the future, but rather because she is betting on the future, and hoping for a promising future for her child. She wants a better world for the new life growing inside her.

Perhaps it is time for all of us to bet on Canada's future by protecting the health of mothers and their children. That is why we are debating my colleague from Abitibi—Témiscamingue's Bill C-345 today.

The current Liberal government certainly likes to brag about being feminist, about how it wants to move forward with equity legislation and support work-life balance. This would be a very tangible step it could take toward promoting work-life balance and the integration of women into the workplace.

Bill C-345 amends the Canada Labour Code to authorize the Minister of Employment, Workforce Development and Labour to enter into an agreement with the government of a province or territory that provides for the application, to pregnant or nursing employees, of certain provisions of the provincial legislation concerning occupational health and safety. We have maternity leave because unions fought for it, and not that long ago either. In 1971, the federal government expanded what was then called the unemployment insurance system to include maternity leave benefits equivalent to 66% of the mother's salary for a limited period of 15 weeks.

Subsequently, unions began pushing for longer maternity leave and a higher proportion of salary. They also began negotiating guarantees that women could return to the same job they had prior to their maternity leave, as well as paternity leave and leave for adoptive parents.

According to the Canadian Labour Congress, at the beginning of the 1960s, just over 30% of women aged 20 to 30 participated in the Canadian labour force. By the end of the 1970s, that number had doubled to just over 60%. In 2012, over 70% of young women were participating in the labour force, and today, 70% of mothers with children under five years of age are working. We still have some work to do.

As early as 1979, Quebec's Common Front, representing government, education and health workers, negotiated 20 weeks of fully paid maternity, 10 weeks' leave when parents adopted a child, and five days of paternity leave. These are just some examples that have led to our current system. Maternity and parental leave are hard-won gains, and they must be extended in order to better help women get back into the workforce.

The federal government has now decided to allow women to take 18 months of maternity leave, as my Liberal colleague was saying, but the extended leave comes with a significant reduction in income, since an employee will go from receiving 55% of her income for the first 15 weeks to getting 33% for the rest of the leave. That makes it very difficult to support the family and for single-parent families, living conditions often become very tough. Women, who earn even less money than men, end up living in poverty. That is not what I call creating the best possible conditions for a mother and child's long-term health.

The program in Quebec is more generous with weekly benefits of $900 compared to $543 from the federal program. If Bill C-345 passes and a province decides to offer a program that is better than the current federal measures, or if a province improves an existing program, the Minister of Labour would have the authority to establish a new agreement or amend the existing agreement to include the new benefit.

The federal government has to lead by example and encourage the provinces to improve this system. Canadians could then choose which program suits them best. Bill C-345 reinforces the notion that women should not have to choose between putting their health or that of their child at risk by continuing to work or losing their salary to protect themselves. Bill C-345 can protect women who work in high-risk environments and motivate employers to make accommodations to allow women to continue working when they are pregnant or nursing.

This bill also puts forth an amenable means of delivering the best possible care to women by giving the Minister of Labour the ability to consult provincial governments in order to decide whether the provincial or federal maternity benefits package will better suit constituents on a province-by-province basis.

Bill C-345 is able to provide equal pregnancy benefits to all pregnant and nursing employees across a given province once an agreement is reached between the provincial or territorial government and the Minister of Labour, regardless of whether their job falls under federal or provincial jurisdiction.

I have had the experience of being a working, nursing mother. It was a very demanding time, and my job did not involve being in an environment that would put my health or my daughter's at risk. Indeed, I was working here, in Parliament, a position I consider myself very fortunate to have been in, and I am quite aware that not everyone is as lucky as I was. Not all women have that peace of mind, and I cannot imagine the stress of being a new mother who has to learn to cope with a new baby and deal with returning to work in an environment that puts her health and that of her child at risk.

Bill C-345 also promotes greater equality between men and women in Canada and greater equality among women. It strengthens existing laws and helps men and women while making our society more productive. By helping men and women better juggle family and work responsibilities after a child is born, and by protecting women's place in the workforce, we will see our existing businesses grow stronger and new ones being created.

Both sides of the House have contributed to the development of this bill. I want to take this opportunity to thank the members for Rosemont—La Petite-Patrie and Abitibi—Témiscamingue for their monumental efforts. I hope the Liberals will have a change of heart and realize how important this bill is to all women working in high-risk occupations.

The House resumed consideration of the motion that Bill C-345, An Act to amend the Canada Labour Code (pregnant and nursing employees), be read the second time and referred to a committee.

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:20 p.m.

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, it is an honour for me as well to rise in this House and speak to a bill that will benefit pregnant and nursing women and improve gender equality to boot. I therefore want to add my voice to that of the member for Salaberry—Suroît.

She just made an excellent speech in which she supported and commended the member for Abitibi—Témiscamingue for all the outstanding work she has done to promote greater family spirit here in the House.

This bill will also improve access to services and allow for greater fairness in family life.

I, too, wish to commend my colleague for introducing this bill. Bill C-345 is entitled, “An Act to amend the Canada Labour Code (pregnant and nursing employees)”. Naturally, we intend to support this bill at second reading. The NDP has a long history of working to promote women's rights across the country. Women face major challenges in the workforce.

The bill introduced by my colleague from Abitibi—Témiscamingue meets the aspirations of many women who would like to have better working conditions and increased safety for them and their children when they have to go back to a job that could be dangerous.

More specifically, Bill C-345 amends the Canada Labour Code to authorize the Minister of Employment, Workforce Development and Labour to enter into an agreement with a provincial government that provides for the application, to pregnant or nursing employees, of certain provisions of the provincial legislation on occupational health and safety.

Essentially, Bill C-345 ensures that women receive the best benefits possible before the child is born and during the breast-feeding period. This will better protect women who work in high-risk work environments and motivate employers to make accommodations to allow women to continue working when they are pregnant or nursing.

Those are the main benefits of this bill. It advances women's rights and ensures greater equality between men and women, as well as fairness. This bill puts forth an amenable means of delivering the best possible care to women by giving the Minister of Employment, Workforce Development and Labour the ability to consult provincial governments in order to decide whether the provincial or federal maternal benefits package will better suit constituents on a province-by-province basis.

Once an agreement is reached between the provincial or territorial government and the Minister of Employment, Workforce Development and Labour, this will provide equal pregnancy benefits to all pregnant and nursing employees across a given province, regardless of their job falling under federal or provincial jurisdiction. This guarantees fairness among all workers in any given province.

This is not the first time the NDP introduces bills or moves motions to improve gender equity. We just recently moved a motion on pay equity that we are very proud of. It was adopted by the House of Commons. We asked and recommended that a pay equity bill be adopted in 2017, this year. As I already mentioned, the people in my riding are totally shocked when they learn that there is no federal legislation on pay equity. When I tell them as much, they cannot believe it.

As a result, hundreds of my constituents signed petitions calling on the House of Commons to pass legislation on pay equity. Unfortunately, the current Prime Minister's Liberal government is slow to introduce such legislation. In fact, it is going to wait until the eve of the next election to introduce this bill and argue it will have to get reelected if people want pay equity legislation. That is too bad because we should not have to wait for gender equity.

That was just an example of all the good work that we are doing to improve gender equality. We are truly a leader on this file. It is very important to us. I am very proud of my NDP colleagues' recent victory in removing the federal tax on feminine hygiene products—a significant achievement. That was certainly an unfair tax if ever there was one. More than 72,000 Canadians signed a petition calling for the abolition of this totally unfair tax. I am very proud that we were able to move this issue forward.

These examples provide a context for Bill C-345 and show that the promotion of gender equality is embedded in the NDP's mission and, indeed, in its very DNA.

I am extremely proud of my colleagues, the members for Abitibi—Témiscamingue and Salaberry—Suroît, who have changed the culture of the House of Commons and proved that it is possible to be a female MP and have young children and even nurse here while carrying out the duties of this important job. We can give these women every resource and every opportunity, and I know my colleagues have worked very hard to improve work-life balance, or what you might call House-life balance in this case. We still have a long way to go, but passing Bill C-345 would take us one step closer.

I recently worked on another campaign spearheaded by one of my colleagues. This campaign, which I continue to support, is for free prescription birth control. Once again, it is often women who bear the entire financial burden of this responsibility. Prescription birth control is not a choice. When a doctor recommends one contraceptive over another to a woman, it is often because the other contraceptive is not suited to her physiology. Unfortunately, the recommended alternative can often cost hundreds of dollars, which can have an impact on women like single mothers, young students, and low-income workers.

Prescription birth control is already free in 25 countries. That is why hundreds of my constituents have signed petitions calling for free prescription birth control. This would be one more way to contribute to gender equality in Canada.

I want to thank the member for Abitibi—Témiscamingue for bringing this bill forward, and I commend her for everything she does in the House to demand better access to services in order to achieve a better balance between family life and parliamentary duties. Her efforts will benefit all women going forward. Let us hope we will keep moving in this direction.

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:30 p.m.

The Deputy Speaker Bruce Stanton

The hon. member for Abitibi—Témiscamingue has up to five minutes for her right of reply.

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:30 p.m.

NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I would like to respond to arguments against my bill, particularly those made by the Liberals. I strongly encourage them all to listen closely to be sure they understand.

They say that we already have an employment insurance program that allows women to leave work 12 weeks prior to their due date. However, pregnancy lasts 40 weeks. That means women get nothing for 28 weeks. Miscarriages and congenital malformations are much more likely to occur during the first two trimesters, which is when there is no protection available to women.

That is why we need preventive withdrawal programs that provide an income for women, especially when other women in the same province have access to that kind of program. They argued that a woman living in Ontario would not have the same protection as a woman living in Quebec even if they worked for the same employer, but that is already the case for parental leave benefits.

A House of Commons employee who lives in Quebec does not get the same benefits as her colleague who lives in Ontario. One collects benefits under Quebec's parental insurance plan, and the other collects employment insurance. We already have different provinces doing different things when it comes to parental leave benefits, so why not adopt the same approach for preventive withdrawal? The same logic should apply.

Furthermore, I have been told that the only province where women could benefit from this is Quebec. That is true, but other ministers are currently working on similar programs, because they realize how important this is. Alberta and British Columbia have progressive governments that are examining this issue and understand just how crucial a preventive withdrawal program can be in family planning. Yes, it is true that only women in Quebec would benefit from this, but that could change soon. I hope things will change.

The government could introduce a Canada-wide federal program, except that 85% of employees work under provincial jurisdiction. That is why it makes a lot more sense to leave it up to the provinces to create their own programs and for us to align with provincial programs to ensure that all employed women in a given province can benefit from the same protections.

As members can see, there is clearly no reason to vote against this bill, particularly at second reading, when it still has to go to committee. Even the Conservatives understand that this is about women's rights and that the bill will protect pregnant and nursing women. They were able to put partisanship aside to support my bill, even though we all know that we have very different opinions on a number of issues. The Liberals therefore have no reason to play politics and deny rights to pregnant and nursing women. Women deserve to have a safe pregnancy and some assurance they do not end up in financial difficulties.

I hope that the Liberals will understand what is at stake and that they will send this bill to committee because it is a matter of women's rights. We need to take action.

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:35 p.m.

The Deputy Speaker Bruce Stanton

The vote is on the motion. Is it the pleasure of the House to adopt the motion?

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:35 p.m.

Some hon. members

Agreed.

No.

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:35 p.m.

The Deputy Speaker Bruce Stanton

All those in favour of the motion will please say yea.

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:35 p.m.

Some hon. members

Yea.

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:35 p.m.

The Deputy Speaker Bruce Stanton

All those opposed will please say nay.

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:35 p.m.

Some hon. members

Nay.

Canada Labour CodePrivate Members' Business

September 27th, 2017 / 7:35 p.m.

The Deputy Speaker Bruce Stanton

In my opinion the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93, the recorded division stands deferred until Wednesday, October 4, 2017, immediately before the time provided for private members' business.

The House resumed from September 27 consideration of the motion that Bill C-345, An Act to amend the Canada Labour Code (pregnant and nursing employees), be read the second time and referred to a committee.