An Act to amend the Department of Veterans Affairs Act (fairness principles)

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

Sponsor

John Brassard  Conservative

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

Status

Defeated, as of Feb. 14, 2018
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Department of Veterans Affairs Act to require that, in exercising his or her powers and in performing his or her duties and functions, the Minister of Veterans Affairs take into account certain principles in relation to, among others, persons who have served in the Canadian Forces or merchant navy or in the naval, army or air forces or merchant navies of Her Majesty as well as in relation to their dependants or survivors.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-378s:

C-378 (2024) An Act amending the Canada Labour Code (complaints by former employees)
C-378 (2013) Prohibition on Importing Goods Produced by Sweatshop Labour Act
C-378 (2011) Prohibition on Importing Goods Produced by Sweatshop Labour Act
C-378 (2010) An Act to amend the Employment Insurance Act (increase of maximum number of weeks: combined weeks of benefits)
C-378 (2009) An Act to amend the Employment Insurance Act (increase of maximum number of weeks: combined weeks of benefits)
C-378 (2007) An Act to amend the Food and Drugs Act and the Food and Drug Regulations (drug export restrictions)

Votes

Feb. 14, 2018 Failed 2nd reading of Bill C-378, An Act to amend the Department of Veterans Affairs Act (fairness principles)

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 6:30 p.m.

Liberal

Frank Baylis Liberal Pierrefonds—Dollard, QC

Mr. Speaker, I am pleased to speak in the House today to Bill C-378, a bill to amend the Department of Veterans Affairs Act.

The welfare of veterans and their families is an important issue to me and to our government. It takes more than recognizing sacrifice on Remembrance Day. It is our duty to take care of those who have served and protected our great nation.

The government launched consultations on issues affecting veterans, which has helped us gain a better understanding of their needs and those of their families.

The Minister of Veterans Affairs also created advisory groups made up of veterans, veterans groups, and experts, including the Royal Canadian Legion; Brian Forbes, who has advocated for veterans as the chairman of the National Council of Veterans Associations of Canada; retired General Joe Sharpe; and veterans who served in Afghanistan, such as Aaron Bedard, Mark Campbell, and Willy MacDonald. The six ministerial advisory groups focus on the following government priorities: policy, service excellence, mental health, families, care and support, and commemoration.

As part of the electoral platform in 2015, the government has been hard at work to uphold its promises made to veterans and their families.

To provide better support, the government has introduced the program pension for life. This monthly tax-free payment will allow more financial liberty to ill and injured veterans and their families. This benefit could be the difference between being able to pay rent and homelessness, and a financial safety net for a veteran who is transitioning to life after service.

The pension for life includes three different component programs. The pain and suffering compensation will be available to veterans who suffer because of an illness or an injury resulting from their service. The additional pain and suffering compensation is another benefit for veterans who experience obstacles in their reintegration due to a severe and permanent service-related disability. The income replacement benefit streamlines existing benefits, such as earnings loss benefits, supplementary retirement benefits, and retirement income security. It offers income to veterans who face hardship on their road to re-establishment due to health-related issues.

The government has also introduced the new education and training benefit, which comes into effect this April. I am proud to say that this program allows veterans who have served in the Canadian Armed Forces for six years or more to pursue post-secondary education. The government will spend a total of $133 million over a period of six years to support the continuing education of our Canadian veterans.

Furthermore, the government has made considerable investments to enhance the following services addressing veterans and their families, including the disability award, the career impact allowance, the career transition services, the veteran emergency fund, and, lastly, removing limits for eligible spouses and survivors so they can access the rehabilitation and vocational assistance program when and if they need it.

Our government also recognizes that helping veterans and their families goes beyond monetary assistance. It is equally important to provide mental health and caregiver support. As such, we have increased funding for the veterans family programs in all 32 military family resource centres, and the veteran community now has access to free mental health first aid training.

Moreover, the 2017 budget included services and benefits such as a monthly tax-free payment of $1,000 to family caregivers who assist veterans. The government has also formed a partnership with organizations like VETS Canada to address the issue of affordable housing and homelessness.

Additionally, our government has reopened nine veterans affairs offices, a new office in British Colombia, and has extended outreach efforts to veterans in the territories.

All of the initiatives undertaken by our government are based on respect and our recognition of the sacrifices made by our veterans and their families.

Amidst the conflicting priorities and limited resources of any government, we have made it a top priority to work hard for veterans and their families. We also recognize that this file is an ongoing process and that the well-being of veterans must and will remain a top priority for this government.

I had the honour this summer of attending the Invictus Games, which are the games put on by Prince Harry for veterans who were injured. The Invictus Games are based on a poem called, Invictus, and there is a line in there which I truly think is wonderful. It says:

I thank whatever gods may be
For my unconquerable soul.

My grandfather, Frank Baylis, who I am named after, fought in the First World War and was buried alive. He fought in the trenches and when the trenches collapsed, he just had his hand out. Luckily for him, his comrades in arms saw his hand and dug him up. He was obviously hospitalized, but he had an unconquerable soul. I thank my grandfather for his unconquerable soul. I stand here today because of it.

I also stand here today because of the unconquerable soul of many men and women who have fought in the armed forces. Our freedom of speech, our values, our very way of life has been defended and protected by our veterans and people actively serving in the armed forces today. I thank all of them for their unconquerable soul. We owe them a debt of respect, which goes without saying, and we owe them our deepest gratitude.

I thank all our veterans and all the men and women who have served in the Canadian Armed Forces.

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 6:40 p.m.

Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, the Village of Arthur in Wellington county is known as Canada's most patriotic village. It has that title because of the actions that its citizens took between 1939 and 1945.

On November 2, 1942, the Toronto Daily Star ran an article, and the headline of that article read, “Arthur Village Gives Sons and Money to Aid the War”. The article talked about how over 100 of the village's barely 800 citizens had enlisted to serve in the Second World War. By the end of the Second Word War, that number had more than doubled. The article talks about families, like the Day family, whose four sons were serving overseas, or the Colwill family, whose six of their 11 children were serving at the time, with the youngest five being too young to serve at the time. The article talks about how the Village of Arthur raised over $250,000 in mere days in the war bond program. At the time, this represented 64% of the tiny village's taxable income base, or taxable property tax value.

I raise this story about the Village of Arthur, because it reminds me of a mural that is proudly displayed in Arthur beside its fieldstone cenotaph. The mural proclaims the simple reminder that freedom is not free. It is not the actions of politicians in this place that make us free. It is not the words that we say in this place that make us free. Our freedoms as Canadians comes from those who have served our country in uniform, from the brave women and men of the Canadian Armed Forces who have served in the past and who continue to serve to this very day. To them we owe a duty of dignity, respect, and fairness. Bill C-378 would do just that.

Bill C-378 would elevate more expectation to that of a legal requirement. We owe our veterans more than we can ever truly repay, but it serves us in our requirement as legislators to ensure our veterans are provided with what they are owed. It is a very important matter that we provide them with dignity, fairness, and respect.

It is appropriate that we are debating the bill in 2018. Indeed, it was 100 years ago this year that the armistice was signed and we saw the end of the First Word War. We saw the end of the Great War. We saw the end of the war that would end all wars. We saw the first of those veterans return home to Canada.

I am reminded of one of Perth County's famous sons, the Right Hon. Arthur Meighen, one of the great orators of this place. During the First World War, he had this to say:

No one has seriously argued in this House—and in solemn truth no one seriously believes—that we can dispatch, as we have done, 350,000 men overseas, commissioned by us to stand between our country and destruction, pledge them the undying fidelity of a grateful people, watch them through harrowing years of suffering, bathe ourselves in the reflected glory of their gallantry and devotion, and then leave them to be decimated and destroyed. Surely, surely, an obligation of honour is upon us, and fortifying that obligation of honour is the primal, instinctive, eternal urge of every nation to protect its own security.

These words were uttered during the conscription debate of 1917. However, the duty we owe as legislators today to our veterans and those who have served our country remain just as strong today as the words uttered 101 years ago in this very chamber.

We have often heard phrases “military covenant”, or “social covenant”, or “sacred covenant”, the duty we owe to our veterans.

Those words and that thought came from our wartime Prime Minister Sir Robert Borden. Overseas, he said the following:

The government and the country will consider it their first duty to see that a proper appreciation of your effort and of your courage is brought to the notice of people at home, and it will always be our endeavour to so guide the attitude of public opinion that the country will support the government to prove to the returned man its just and due appreciation of the inestimable value of the services rendered to the country and empire; and that no man, whether he goes back or whether he remains in Flanders, will have just cause to reproach the government for having broken with the men who won and the men who died.

Those words remain true on this date as well. We owe so much to our veterans. My mind is drawn to the more recent veterans, those who have served our country in uniform over the past decades, particularly those who served our country in Afghanistan. There are more than 40,000 members of the Canadian Armed Forces who have served in Afghanistan, and 158 who lost their lives serving our country in the pursuit of freedom.

My mind is also drawn to Master Corporal Anthony Klumpenhouwer from Kurtzville, in North Perth, Ontario, who lost his life as a member of JTF2 and was the 54th casualty in 2007 in our battle in Afghanistan. My mind is drawn to those veterans who served us in Afghanistan and who continue to serve us. We owe them our undying gratitude. More tangibly, we owe them a duty of fairness, and that is exactly what this bill would do. It would enshrine in law for all Canadians to see and parliamentarians to respect, the principles of dignity, respect, and fairness.

It is my great honour to support this bill, and I hope all parliamentarians will do the same.

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 6:45 p.m.

Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, I am honoured to have the opportunity today to speak to Bill C-378, which is an act to amend the Department of Veterans Affairs Act.

I would like to thank our colleague from Barrie—Innisfil for his ongoing attention to the welfare and well-being of our veterans. It is my passion too. My dad was on a corvette. My mom repaired airplanes at No. 10 Repair Depot in Calgary. Both my grandfathers served in the First World War for Canada. My great-grandmother got the keys to the City of Vancouver for sending eight of her boys off to fight in World War II.

I think all members of the House would agree that the well-being of veterans and their families is important to them, and that Canadians want the best for these men and women should they fall ill or become injured. We all want what is best for this country's proud veterans, and I am pleased to be able to speak to how far this government has gone.

We have heard from veterans and their family members. We have spoken to thousands across this country and the comments are always in the same vein. When soldiers come home, all they ask for is to have the services and care they need for themselves and their families. We could not agree more. This is what our government promised to do when we came to office just over two years ago, and this is what Veterans Affairs Canada endeavours to do every day as it delivers benefits and services to over 190,000 Canadian Armed Forces veterans, Royal Canadian Mounted Police veterans, and their families.

The proposed amendments to the Department of Veterans Affairs Act speak to the principles that guide our government every day, the principles of action that guide Veterans Affairs Canada and its commitment to ensure veterans and their families receive the care, compassion, and respect they deserve, and principles similar to those already enshrined in the Veterans Bill of Rights. They are the same principles that the Minister of Veterans Affairs leads his department by, and which led to the announcement in December of the new pension for life. However, they are not objective principles that should be written into law, which is why we cannot support Bill C-378. This bill offers no benefits or services for veterans or their families.

I assure members that just as veterans and their fallen comrades sacrificed everything to safeguard our future, this government is here to safeguard theirs and that includes the work we do to deliver services and benefits to veterans. What we can and should all support are measures to increase benefits for veterans, measures like our promise to re-establish a tax-free pension for life for pain, which recognizes and compensates veterans for disabilities resulting from a service-related illness or injury.

It is important to deliver on our government's promise while also delivering on our commitment to treat veterans with the dignity, respect, and fairness they deserve, and to support them as effectively as possible, to ensure a smooth transition with a focus on well-being. “Well-being” means a veteran has purpose, is financially secure, safely housed, in good physical and mental health, highly resilient in the face of change, well-integrated into the community, proud and cognizant of his or her legacy, and is valued and celebrated. We know that each of these qualities means something different to each individual veteran, because all veterans have their own unique story and their own individual needs. That is what led to the pension for life and making this nearly $3.6 billion investment a reality.

Combined with the over $6 billion in initiatives that we announced in budgets 2016 and 2017, the result is a flexible package of benefits and programs that allow veterans and their families to decide what form of compensation works best for them. With these changes and enhancements, veterans have access to tax-free financial compensation to recognize pain and suffering caused by a service-related illness or injury, an income replacement benefit to help with financial support during rehabilitation or to make up for lost earnings, and support programs to help veterans with such aspects as education, employment, and physical and mental health. The new pension for life is a combination of benefits that provide recognition, income support, and stability to members and veterans who experience a service-related illness or injury.

One of the key new benefits is the pain and suffering compensation. This is a monthly lifelong payment recognizing the pain and suffering of members and veterans caused by a disability resulting from a service-related injury or illness. The monthly amount can be cashed out for a lump sum, giving members and veterans the flexibility to choose what works best for them and their families.

Additional support for those with service-related, severe, and permanent impairments causing a barrier to re-establishment in post-service life is available through the additional pain and suffering compensation provided as a monthly benefit. The income replacement benefit is another monthly program that will provide income support during transition for those facing barriers to re-establishing themselves because of health problems resulting primarily from service. In an effort to streamline services and simplify the application process for veterans, the IRB will replace six current benefits: earnings loss benefit, extended earnings loss benefit, supplementary retirement benefit, retirement income security benefit, the career impact allowance, and the career impact allowance supplement. Additionally, veterans who wish to join the workforce may earn up to $20,000 per year from employment before any reduction in their IRB payment.

With that said, we know that a successful transition requires more than money alone; it must address personal and professional growth. In fact, the most successful transition occurs when a veteran has a positive state of well-being, a balance of financial, mental, physical, and social factors. Pensions for life provide a holistic package of financial security and wellness elements to help veterans and their families transition to the next stage of their life and make choices about what they want to do next, whether it is education, work, or retirement.

Now that we have delivered a balanced and effective combination of programs and services, of which pension for life is a key piece, we are turning our full attention to delivering them with the excellence that veterans and their families want and deserve. These investments and enhancements all speak directly to the goal of my colleague's proposed amendments in his bill. I might also remind my colleagues that the Canadian Forces Members and Veterans Re-establishment and Compensation Act was revised in early 2015 to clearly speak to the just and due appreciation owed to members and veterans for their service to Canada. It is gratitude shared by all Canadians and not one to be taken lightly.

Among the reasons I ran for office was to do my part to ensure that our Canadian Armed Forces members, our veterans, and their families, have access to the benefits and services they need when and where they need them. This government is proud of our brave men and women in uniform, and we are grateful for their service and sacrifice for their country. Make no mistake, treating veterans and their families with fairness, respect, and dignity is the cornerstone of the delivery of our programs, benefits, and services, which are the principles in the Veterans Bill of Rights. They are respected and embraced by the government in everything we do. It is also why they need not be written into the Department of Veterans Affairs Act.

I applaud our government's continued efforts to improve the experience of our veterans. I applaud the spirit with which my friend from Barrie—Innisfil has put forward his private member's bill as we recognize the sacrifices and contributions of veterans and their families.

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 6:55 p.m.

The Deputy Speaker Bruce Stanton

Seeing no further debate, I invite the hon. member for Barrie—Innisfil for his right of reply. The hon. member has up to five minutes.

The hon. member for Barrie—Innisfil.

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 6:55 p.m.

Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, I want to thank everybody who contributed to this fulsome debate on Bill C-378, my proposed amendments to the Department of Veterans Affairs Act.

I want to make clear right off the start that this was not intended to coincide with the unfortunate comments of the Prime Minister, which he made in Edmonton a couple of weeks ago. This bill was introduced in October 2017 after I and my colleagues travelled the country to talk to veterans. One of the things we heard over and over again was the sacred obligation, this covenant, that the Government of Canada and the people of Canada should have, which mirrors exactly what Sir Robert Borden spoke about in advance of the Battle of Vimy Ridge. He spoke about the sacred obligation and military covenant that our country has to its veterans.

I am intending to put that into the legislation by amending the Department of Veterans Affairs Act so that it does not become an aspirational thing for members of Veterans Affairs in Charlottetown to be looking at. It is for the current and future governments to be reminded of that sacred obligation that we have to our veterans, and it is being done with the sincerest of attempts.

I will remind everyone again of the covenant. There is only one elsewhere in the world, and that is in the United Kingdom, which has the military covenant act. It deals with veterans, as well as their families and survivors, that they be treated with dignity, respect, and fairness. Veterans and their duties are unique among Canadians, and I think all of us in the House can agree with that. There is an obligation to care for veterans because of sacrifices made by them, and that obligation must and should extend to their families.

One of the areas that I know needs some work, and when it gets to committee we can look at this in a fulsome way, is that the care, treatment, and transition of Canadian Armed Forces in and to civil life are dealt with in a timely manner. That is the kind of work that the committee can do to deal with what exactly is a “timely manner”. I will remind the House that the backlog right now is about 29,000 cases for disability claims, and that number is going to increase as we move forward.

We talk about sacred obligation, and the Prime Minister has spoken about sacred obligation several times. On December 9, 2014, he said in Hansard, “Mr. Speaker, we have a sacred obligation to our veterans who chose to put everything on the line for their country.” Again on December 9, 2014, in Hansard, he said, “Mr. Speaker, we have a sacred obligation”. On August 24, 2015, when he stood in Belleville with his hand over his heart and made the promises we have talked about, he said, “We have a social covenant with all veterans and their families—a sacred obligation we must meet with both respect and gratitude.”

On November 25, 2014, the Prime Minister said, “Mr. Speaker, we have a sacred obligation to our veterans, but too many are struggling”. Over and over again, not only the Prime Minister but the current Minister of Veterans Affairs and the former minister of veterans affairs all talked about this sacred obligation that we have to our veterans. What I am trying to do with this bill is to enshrine that in legislation, so that not just the current government but future governments, future prime ministers, future ministers of veterans affairs, and future employees at Veterans Affairs Canada understand that it is the will of Parliament and the Canadian people to make sure that we live up to and fulfill this sacred obligation that we have to our veterans.

I was elected in 2015 and have had the privilege of coming into this place as one of 338 members across this country. Since Confederation, only 4,000 of us have sat in the House of Commons. When I sit here and think of the sacrifices, I think of the blood that has been spilled, the lives that have been lost, the lives that have been decimated by war, those who fought for this country, fought against tyranny, fought against oppression, fought against Naziism, and who fight against Islamic jihadists to allow us the privilege and honour to sit in our symbol of democracy. We owe them no less than this sacred obligation and I am calling on the government to live up to that obligation and support Bill C-378.

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 7 p.m.

The Deputy Speaker Bruce Stanton

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

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 7 p.m.

Some hon. members

Agreed.

No.

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 7 p.m.

The Deputy Speaker Bruce Stanton

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

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 7 p.m.

Some hon. members

Yea.

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 7 p.m.

The Deputy Speaker Bruce Stanton

All those opposed will please say nay.

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 7 p.m.

Some hon. members

Nay.

Department of Veterans Affairs ActPrivate Members' Business

February 12th, 2018 / 7 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, February 14, 2018, immediately before the time provided for private members' business.

The House resumed from February 12 consideration of the motion that Bill C-378, An Act to amend the Department of Veterans Affairs Act (fairness principles), be read the second time and referred to a committee.

Department of Veterans Affairs ActPrivate Members' Business

February 14th, 2018 / 3:30 p.m.

The Speaker Geoff Regan

Pursuant to order made on Tuesday, February 13 the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-378 under private members' business.

(The House divided on the motion, which was negatived on the following division:)

Vote #453