An Act to amend the Canada Labour Code (compassionate care leave)

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

This bill was previously introduced in the 43rd Parliament, 1st Session.

Sponsor

Matt Jeneroux  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Canada Labour Code to extend the period during which an employee may take compassionate care leave.

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

May 12, 2021 Passed 3rd reading and adoption of Bill C-220, An Act to amend the Canada Labour Code (bereavement leave)
Feb. 17, 2021 Passed 2nd reading of Bill C-220, An Act to amend the Canada Labour Code (compassionate care leave)

Canada Labour CodePrivate Members' Business

May 12th, 2021 / 3:45 p.m.
See context

Liberal

The Speaker Liberal Anthony Rota

Pursuant to order made on Monday, January 25, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-220 under Private Members' Business.

The House resumed from May 6 consideration of the motion that Bill C-220, An Act to amend the Canada Labour Code (bereavement leave), be read the third time and passed.

The House resumed consideration of the motion that Bill C-220, An Act to amend the Canada Labour Code (bereavement leave), be read the third time and passed.

Canada Labour CodePrivate Members' Business

May 6th, 2021 / 6:10 p.m.
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Conservative

Len Webber Conservative Calgary Confederation, AB

Mr. Speaker, it is my pleasure to rise today to speak to Bill C-220, which has been brought forward by my colleague from Edmonton Riverbend. The member and I go way back. In fact, we served together in the Alberta legislature. Now we share the same privilege of serving together in the House.

As an Alberta MLA, I brought forward legislation that created the Alberta organ and tissue donation registry, and my colleague from Edmonton Riverbend strongly supported my efforts then. He then brought forward the Alberta compassionate care leave legislation, which I, in turn, was happy to be a strong supporters of. Both pieces of legislation passed successfully in Alberta, and now we are both here in Ottawa and continue our work.

When we came here, I introduced legislation that would improve our national organ and tissue donation rates by adding the question to our income tax form. In fact, it comes up tomorrow for a final hour of debate at third reading. Now the member for Edmonton Riverbend's federal compassionate care leave bill is before us today, in its final hour of debate, so we are both on the cusp of seeing our legislation pass in the House this week. I find it very fitting that we find ourselves here today, given our shared history with provincial and federal legislation.

We have shown that sensible, compassionate legislation is something that all parties can support. Bill C-220 originally proposed to extend the compassionate care leave program, which federally regulated employees can use to take up to 26 weeks off work to take care of a terminally ill loved one. The bill was later amended at committee to allow for federally regulated private sector Canadian employees to take a leave of absence from their job for up to 10 days following the death of a family member. The 10 days can be taken within six weeks of the funeral of a deceased family member.

I believe that these changes would benefit working Canadians by giving them extra time when they face a very difficult period. They would also allow them the flexibility to take the time when they can. I hope that this is just the first of many ways the government examines how it can make the grieving process easier for families. The COVID-19 pandemic has shown us how critical it is that people are supported in the loss of a loved one.

I am really pleased that we are recognizing the importance of compassionate care leave, as it is something that I am all too familiar with. I lost my wife Heather to breast cancer a number of years ago, and I was fortunate to have had the ability to take time off from work to support my wife before she died and, just as importantly, to support my three young daughters after her death. I cannot imagine for a second what this would have been like if I did not have the support I did at the time.

I was a member of the Alberta legislature at that time, and I cannot thank Premier Ed Stelmach and my colleagues enough for their support. The premier went out of his way to make it as easy as possible for me to focus on my family, and I will forever be grateful for it. He even rearranged cabinet to allow me to stay closer to home. My colleagues picked up some of my workload, and the member for Edmonton Riverbend was one of them. I will never forget that.

I want to take a moment to thank our registered home care nurse, Donna Dryer, who played a critical role in supporting my family and my wife. Donna helped us with our needs and, most importantly, made Heather comfortable in her final days. We thank her to this day, and I only hope those who must go through what we did are lucky enough to have someone like Donna assigned to them.

Grief is something we all experience differently, and it is almost impossible to put an appropriate mourning or grief period into legislation. However, we have to find a reasonable balance between need and resources. I think that the bill is an excellent first step, but I would like to see the legislation reviewed after a few years to ensure that it is meeting its goals.

I recall that a few months after I lost my wife, I met a guy at an event. He was a firefighter who, coincidentally, had lost his wife around the same time I did. Tragically, she had died suddenly in a car accident en route to the grocery store.

I chatted with him for a bit, and I will never forget him saying to me that at least I was lucky enough to be able to say goodbye to my wife. That really resonated with me. It was true. I was able to say goodbye to my wife, and I was lucky enough to say goodbye. He did not have that opportunity; he was not able to say goodbye. I cannot imagine how difficult that would be. It made me realize that the grief we were both experiencing at the time was very much different.

There are many factors that can affect the depth and the length of the grieving process. Was the death foreseeable, or completely sudden and unexpected? Did the family have the opportunity to say goodbye? Does the person's death dramatically alter the financial situation of the family? These are all factors, but the biggest determination in how people grieve is the level of support they get from family and friends. Bill C-220 would ensure that people have at least some level of support from the government, and that is a really good thing.

Death is something that we all have to deal with at some point in time. We all lose a loved one or a close friend. Sadly, as we get older it becomes more and more frequent, although this does not make things any easier. As the Willie Nelson song goes:

It's not somethin' you get over
But it's somethin' you get through

For those who are struggling with grief, there is help available. It is important that they reach out and ask for it. They can Google “mental health hotline Canada” and call the 1-800 number, which is 1-833-456-4566. Youth can call the Kids Help Phone, at 1-800-668-6868. Hopefully one day, thanks to the member for Cariboo—Prince George, they will only have to call a three-digit number, the 988 number, to seek help.

In closing, I want to reiterate my support for Bill C-220. The member for Edmonton Riverbend has brought forward sensible, compassionate legislation that will help many Canadians. I am pleased that his efforts have been welcomed by all parties in the House of Commons, and I wish him all the luck in the world as he moves the bill off to the Senate. I hope we can make this legislation a reality before the next election.

Canada Labour CodePrivate Members' Business

May 6th, 2021 / 6 p.m.
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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, I am pleased to rise during the debate at second reading of Bill C‑220, sponsored by our colleague from Edmonton Riverbend, and I am doing so right here in the House of Commons, which is a rare thing in these COVID times.

I want to applaud the merits of his private member's bill and his compassion in seeking to alleviate the pain and the burden of caring for a loved one at the end of life. It is commendable, and I congratulate him.

As such, I want to assure my colleague that the Bloc Québécois and I support his bill in principle. I sincerely hope that, once we have debated the bill, all political parties in the House will do the same. The spirit of this bill is in line with the principles underpinning the Bloc Québécois's overall vision for standing up for workers.

This particular bill is a tangible expression of that vision because it means that an employee who has to face the heartbreaking challenge of caring for a loved one at the end of life will not lose their job.

We are well aware of the range of emotions that family caregivers go through as the disease progresses and the patient inexorably dies. Considering the altruism, courage, sacrifice and selflessness that these people show in the face of this immense challenge, we should feel compelled to compensate them for the financial burden that will inevitably arise, insofar as care and support require a full-time personal investment. Legislated provisions already exist to compensate for the wages lost by a family caregiver. In this context, the bill introduced by our colleague from Edmonton Riverbend will improve this financial support by providing additional respite when the inevitable happens.

Taking care of a sick loved one is difficult enough, but when that person dies, emotions can run high. One might feel a whole range of emotions, including relief, some guilt and, of course, sadness. No one, under any circumstances, should ever have to choose between caring for a sick loved one and the uncertainty of keeping one's job.

It is with that in mind that Bill C‑220 becomes more interesting in that it would add a certain number of days of leave, some extra time to provide a bit of respite at the end of a particularly painful and trying experience, one that comes with its share of emotions and inner turmoil. It becomes imperative to have time alone to deal with your emotions after such an ordeal.

Our colleague's proposal, which is steeped in sympathy and compassion, seeks to fill this gap in the current legislation. Accordingly, the bill is quite simple. We need only slightly change the Canada Labour Code to allow people who are on compassionate care leave to postpone returning to work by a few days after the death of the loved one they were caring for. It is as simple as that.

In the meantime, what seems obvious to us is actually a legislative void that we have the chance to fill today. From a more technical standpoint, in order to convince our colleagues who might unfortunately be opposed to the proposal, it is important to mention that the number of extra days will be prorated to the length of the leave based on when it started and when the loved one, who benefited from the generosity of their caregiver, passed away.

I think it is also important to highlight that our colleague who is sponsoring the bill used to sit in the Legislative Assembly of Alberta, where he successfully spearheaded a similar initiative that is now an integral part of Alberta's worker protections. There is therefore a precedent that can inspire us all and that will ultimately allow us to improve the federal legislation to help those who choose to devote themselves to the intrinsically human act of supporting a loved one in their final moments.

I can already see dissenting opinions about the benefits of such a measure looming on the horizon. Honestly, certain colleagues will be viewing this kind of bill from a financial perspective.

Obviously, such an initiative requires some financial intervention. However, taking the same analytical perspective as the critics, we must remember that a cost-benefit approach, however outrageous, will stand up to a simple calculation based on the financial burden taken off our health care systems.

We must not limit ourselves to seeing the bill as compensation for caregivers. I do not want to talk about economies of scale or fiscal discipline in developing this policy. That would be unseemly in the face of the noble gesture we are trying to honour, in a context where the sick person's personal pain has an immeasurable impact on the caregiver's own mental and physical health.

In addition, we must not approach this measure as compensation or a reward for altruism and self-abnegation, but rather as the collective recognition of a gesture made out of the goodness of the caregiver's heart, which simple logic dictates deserves respect and recognition.

At the end of this journey fraught with highs and lows, raw emotions and memories buried so deep that only such a moving experience can make them resurface, I find it logical and highly appropriate to provide a period of additional respite to prepare for the future with greater serenity. As it is such an emotionally charged experience for a caregiver to prolong the life of the person inescapably moving towards their death, I believe that a moment of intimate and personal internal peace is necessary to deal with this wave of heartache which, otherwise, could affect the caregiver in a most deleterious manner.

Before I conclude my speech, I wish to commend the noble-mindedness of my colleague from Edmonton Riverbend in preparing his bill, and I hope that my modest contribution to this debate, which is of the utmost importance in my mind, will be echoed in the reflection that will guide the decisions of all our colleagues in the House.

I reiterate the Bloc Québécois's support for this legislation, and I urge those who may doubt its merits to consider that, if we adopt it at second reading, we will have ample opportunity to debate all of the related enforcement and regulatory issues.

Let us be open-minded for the time being, set aside partisan and political beliefs, and be guided by the pure and solemn selflessness of the caregivers who are devoted to a loved one as they support them at the end of life, which is dignified and imbued with love and serenity.

Canada Labour CodePrivate Members' Business

May 6th, 2021 / 5:50 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs and to the Leader of the Government in the House of Commons

Mr. Speaker, it is a pleasure to be able to add a few thoughts in regard to Bill C-220. It is interesting to do the contrast. If we take a look at the debate we had earlier, for example, there was a great deal of politics, and it was hard to see a consensus forming from different political parties in certain areas of the debate on the budget implementation legislation. We fast-forward to what we are talking about right now. Here we have a private member who has brought forward a progressive and positive piece of legislation that would have a positive impact. I have now listened to three different members from three different political parties, all of whom were expressing support and sharing with members of the House some very personal and touching thoughts as to why Bill C-220 is an important piece of legislation. That is one the things I do enjoy about being a parliamentarian and listening to the debates, because this evening, with what we are talking about, we see politicians of all political stripes coming together and recognizing the need for some sort of an action. We have something before us that enables us to take action.

When I think of some of the comments, one of the things that comes to my mind is that people do grieve in different ways, and circumstances are so wide and they vary. As a parliamentarian, and I am sure my colleagues would concur, chances are we are a bit more familiar with the issue than most, because of the people we know, the types of places we visit and the company we keep.

I go to quite a few funerals every year. Over the last 30 years, members have gotten to know a lot of people, and we are often asked to share some thoughts at funerals or to provide some sort of support where our office is contacted. We have people trying in different ways to do the things that are necessary so that their loved one is properly put to rest. I have been in my constituency office on a number of occasions where I have someone sitting in tears, because they have a parent who has passed away, and now they want to be able to get a family member from another country to be able to come and pay their respects and to try to bring the family back together. They are very emotional times.

Both my parents have passed. My father had the issue of palliative care and the manner in which he ultimately passed. Fortunately, for me and other members of my family, we had some flexibility to ensure he was able to get the type of care that we were comfortable with, knowing that our father was being properly cared for, which included family members. Not everyone is in that sort of a situation, and I respect the fact that we have some incredible health care workers who really step up to the plate. In particular, there are people in palliative care, hospice care or even in tragic unexpected accidents or with a health condition that causes them to pass relatively quickly and unexpectedly.

It is often the health care worker who is there to show love and kindness and make the connection with the family member. It is very difficult when people have a family member who wants to be with a loved one. I must say it is compounded because of the pandemic, but generally speaking, loved ones who want to be with someone who is passing and because of their work and requirements to support their family, or the employer does not necessarily provide that kind of time off, those people often have to settle at the time of passing. Members have referenced those who have had a brother pass away on a Friday having to go through a rapid grieving process, which does not end in two days, and then be back at work on the Monday. I would like to think in most situations, I don't know for a fact, that employers understand the impact that someone passing away would have on their employees and would provide the support necessary in many cases, including paying them while they are not at work or letting them make up for lost time. What is nice about Bill C-220 is that it provides for, as some have said this evening, a step in the right direction, where individuals would be afforded additional time off work with pay in order to be able to grieve. I see that as a very strong, positive thing for us to be doing as members of the House.

I know the parliamentary secretary for labour and the Minister of Labour have had the opportunity to express themselves and have done exceptionally well with respect to indicating their support and the need for changes. One of the speakers earlier talked about EI and the potential role it could play. I like to believe that we in government recognize that experiencing the loss of a loved one can cause shock and grief in addition to having one's well-being and effectiveness at work impacted in a real and tangible way. That is why we have seen the government take some steps to ensure that when workers do experience such tragic events in their life there are supports in place. That does not mean that there is not more we can do.

For example, we brought in a number of leave and other protections for employees in federally regulated workplaces who have experienced the death of a family member, including extending bereavement leave to five days and introducing five days of personal leave. There have been efforts, together with recent changes, to provide the right to request flexible work arrangements, as well as the existing 17 weeks of unpaid medical leave, which demonstrate our commitment to protecting Canadian workers when they experience tragedy.

We know there is always room to do more. We see Bill C-220 as a positive step forward.

I look forward to the ongoing discussion, but suffice it to say I support Bill C-220.

Canada Labour CodePrivate Members' Business

May 6th, 2021 / 5:45 p.m.
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Conservative

James Cumming Conservative Edmonton Centre, AB

Mr. Speaker, it is my pleasure to rise today virtually to speak to Bill C-220 to amend the Canada Labour Code regarding bereavement leave.

This bill reflects the important work that we can all do on issues that are important to so many Canadians. I would like to personally thank the member for Edmonton Riverbend. He should be recognized and commended for his work on this bill. What piqued my interest in this bill was the member's heartfelt interest in the struggles of families as they deal with the care of their loved ones and the grief after they pass.

This bill has received the support of all parties, which highlights that no matter where we stand on an issue, issues like this are important to all. This bill addresses the difficulty and the tragedy that people go through when they lose a loved one and the caregiving they experience leading up to that time.

One thing I learned from my short time in the House, and something I would like to commend the Speaker for, is that he has told us from time to time to speak from the heart. That is what I will do today, because this is a very personal bill for me.

My family lost a loved one. I lost my son two months ago. He lived his life, a very full life, with Duchenne muscular dystrophy. My wife was the principal caregiver. She was not the principal caregiver for days or months, but for years. I cannot explain enough how difficult that is for a family, a parent, to look after a child who has declining health. We are just one example of the many families out there.

Good friends of mine have a mother now in the late stages of MS. The family are collectively looking after this person. They have caregivers who come and go, but the one thing I tell people is that when these families have a caregiver helping them, they are always waiting for the knock on the door when someone will come and tell them their help is needed because something has gone wrong. That is something these families live with when they are trying to give this compassionate care.

I can tell members from personal experience that one can put everything into the care of a child and when that child passes, it does not end. This bill goes a small way toward trying to give some relief to those families. It is an extra week. I can say that it has been two months for me and not a day goes by that I do not think about my son. I know it is the same for many families out there, and it does not matter what the illness is or what someone has been treating. That is a fact of life. When we lose someone, it does not expire in two weeks. It does not expire in three days.

Many have spoken about the impact this has on families. That is why I commend the work of the member for Edmonton Riverbend, taking on this task and pushing a private member's bill forward to make sure this is an issue that we take seriously. It is a very small thing that we can do as parliamentarians to try to help the people out there who are suffering with this level of grief.

I can assure members that I have heard from all kinds of groups that have been trying to counsel and help parents dealing with the loss of a child or the caregiving leading up to that point in time. They would tell us unequivocally that this is a good piece of legislation and it deserves our support. It has my full support. I appreciate that the members who are here today and who are listening have shown their support as well, because this is important for families.

There are improvements we can make and there is more we can do, but this is a valuable first step. I do believe this would be appreciated by so many people, and I hope we are able to get this private member's bill through. It definitely deserves our attention.

My family would have appreciated something like this. In my case, I deal with grief by launching back into my work. That is how I deal with it, but that is not the same for everybody. Many families need the time. They need that time to heal, and at the very least they need that time to be able to get affairs in order and carry on with their lives.

Many employers are very giving when situations like this arise, and if they are good employers they certainly try to help their employees through these difficult times. However, this is an opportunity for those people who fit under the umbrella of this act, so they at least know that they would have a bit of support to be able to support their families.

I will close with this. This is difficult for families. It is incredibly difficult. They lead up into something, they lose someone and they need some time. All this bill is doing is asking for a bit of time. I hope everybody who is here listening today will recognize that and give this bill full support.

Canada Labour CodePrivate Members' Business

May 6th, 2021 / 5:35 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I am very proud to rise tonight in this virtual Parliament to talk about Bill C-220 on addressing the issue of compassionate care, which is a huge issue. In 2014, I pushed a national palliative care strategy and spoke with people across the country on its importance. We had all-party support. We are still waiting to see the Liberals actually follow through on some of these key promises.

We are talking about the most vulnerable part in the lives of any Canadian family, and the death of a loved one is a life-changer for those who are left behind. It can be traumatic or it can be healing. It can be a real moment of tenderness and it can also tear families apart. I have seen families in my office completely stressed out, almost broken, over economic insecurity. Then when I start to ask them questions, I realize it is because the woman has had to leave her job to look after a dying mother or sister and the stress on family is incredible.

There have been changes to the Canada Labour Code that allow Canadians to take job-protected leave of up to 28 weeks, but the way the code is written, if a person someone is looking after dies then the leave period ends on the last day of the week in which the death occurs. It means if a loved one, a husband or a child dies on a Friday, a person is expected to report back on Monday. That is not good enough because we know some of the real trauma after a death is having to make arrangements and dealing with the finances. It is enormous for whoever has to take that on.

This bill would give up to one or two extra weeks, and we support that as New Democrats. The failing of this bill, though, is that it would fall then to people who can afford to take unpaid time off. We believe we have to change the EI provisions so people can be compensated if they have to take time off to look after a loved one.

I think of my sister Kathleen. The table at a restaurant where the laughter was the loudest is where Kathleen was. When we knew it was really time to go home, Kathleen would be asking for one more song to be sung or say that we should have more drink or tell one more story. Kathleen had a fire for life, but I have never seen someone thrown over the cliff of death so many times. She crawled back determined and faced death down with the determination that would have made Doc Holliday weep. She never blinked, and she had it really rough.

Kathleen, as tough as she was, needed people there with her at key times. I tried to be a good brother over the years, but I did know Kathleen would not call me when she needed someone to go to the hospital with her. She called her sister, Mary, and Mary would drive over 500 kilometres to be there at those meetings with the doctors because these issues cannot be heard alone, especially when one is facing stage IV cancer. Someone needs to be there to help make sense of it.

My younger sister Mary missed an enormous amount of work. When Kathleen was dying, we had a big enough family that all of us took time and all of us were there. My brother came off the subways to be with her. I took time. We were at the hospital around the clock with her.

A lot of families cannot afford that. In my work, I have seen the stress it causes and often it is stress on the women caregivers. I will just say it, men just do not seem to be quite as comfortable and women take on this work. Women are the ones who are somehow expected also to give up their work time to do this because it is a family obligation.

We need to find ways to make it possible for people to look after their loved ones and be there in that stressful moment. Watching someone who is dying is so emotionally intense that there is almost a strange silence, a shock. A person is actually in shock but does not realize it at the time. It is just a feeling one has after having gone through something so intense. Coming out of that shock sometimes takes a lot of time.

The idea that someone's loved one could die on a Friday and yet the person is back at work on Monday is really problematic, especially if this is the person in the family who has to start making the arrangements, trying to figure things out, calling relatives, dealing with the funeral home. There are all manner of issues in terms of the funeral, the finances, dealing with the banks and all the forms. Someone has to take on that work. It falls very hard on the person whose responsibility it is.

Bill C-220 is a good bill. It is a good start. We need to look at making sure that people can be compensated through changes to the employment insurance compassionate care benefits so that they can actually step out of their work life to take on this responsibility and not suffer financial penalties. I have seen families that simply could not afford to do both and it had enormous negative impacts on them.

The issue of dealing with end-of-life care is something we really need to look at. We saw how quickly the Liberal government was ready to move on the assisted dying bill. We have a bill where people have the right to die in Canada, the right to die for all manner of reasons. The government has allowed the Senate to change those rules. However, people need to have the fundamental right to live out their dying days in dignity. That means a national palliative care strategy. We have to start talking about letting people live out their life in dignity, with the proper supports, the proper home care, with a home care vision that allows people to be looked after and not feel they are a burden on their family. It is a horrific thing for people who are suffering and who know the financial stresses on their family or their loved ones.

We need to make sure that we have palliative care available. In many provinces in this country, it is simply not there when it is needed. Some areas have incredible palliative care programs. I have seen them in action. They are really transformative. They make it possible for a family to heal. However, where people do not have access to palliative care, it can be a terrible, stressful time.

This is something that is above partisan politics, because death is something that comes to us all. All of our families have gone through this. We all know what the issues are. I am not speaking to people who have not experienced it. People of our age, here in Parliament, have probably seen a loved one pass. It can be a healing thing or a very traumatic thing.

Bill C-220 is a step in that direction. I think it is a good step. We do need to look at the employment insurance compassionate care benefits. However, we need to talk about the larger issue of a proper palliative care strategy, especially with the really disturbing changes that have come through MAID, which are being pushed through the unelected and unaccountable Senate. The fact that it could actually hijack legislation of such importance and put its imprimatur on it without public input is really letting us down.

We need to reassure the Canadian people that we want families to be able to have those final moments in healing and with support, and all the rights they are entitled to as citizens of this country. That would mean a proper palliative care strategy, available to every single family across this country, whether in a rural or urban area, whether new Canadians or indigenous. We are all facing the same thing in those moments, and we need to have a holisitic approach to give families and the people who are dying the support they need.

I appreciate having the chance to speak.

Canada Labour CodePrivate Members' Business

May 6th, 2021 / 5:30 p.m.
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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Mr. Speaker, I am very pleased to be the first to speak tonight.

First of all, I would like to note that International Workers Day was celebrated last week. In light of that, I take great interest in Bill C-220, which we are debating today, because it is part of the labour movement's long-standing struggle for the right to take leave to care for a sick family member.

To give a little background, this is an issue that concerns me for two reasons. First, when I was working in the—

The House resumed from April 13 consideration of the motion that Bill C-220, An Act to amend the Canada Labour Code (bereavement leave), be read the third time and passed.

Canada Labour CodePrivate Members' Business

April 13th, 2021 / 6:25 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I thank all of the members who have spoken today. It certainly is rewarding to see so many people from across the aisle not just work in the bipartisan fashion we have seen through this piece of legislation, but be extremely complimentary of each other in their ability to do that. I think it was the member for Elmwood—Transcona who said in his remarks that he hopes that it serves as an opportunity to see beyond partisan lines sometimes so that we can continue in the spirit of moving legislation forward like this.

It is an honour for me to add some remarks to this piece of legislation as well, particularly with what has been going on over the last year with COVID-19. I lost my father-in-law in the late fall of 2020. Losing a loved one is incredibly difficult right now, given the circumstances, if that person is in the hospital suddenly toward the end of their life. It truly has been a struggle and there is not a better time for a piece of legislation like this to come forward than right now, given everything that has been happening.

I think that we can all agree that workers who experience the loss of a loved one can feel shock and grief in addition to having their well-being and effectiveness at work impacted. Quite often the amount of time that people are expected to receive off, or are expected to rebound in, after the loss of a loved one is extremely short, in terms of what is expected of people and based on what we know that people get. We can all agree that more time is quite often needed.

I would point out that our government has taken steps to ensure that workers who experience a tragic event have supports in place for them. We brought in a number of leaves and other protections for employees in federally regulated workplaces, as some of my colleagues have said, following the death of a family member. These included extending the bereavement leave to five days and introducing five days for personal leave. Of course that is with respect to federally regulated workplaces.

That is one of the unique circumstances that the federal government finds itself in. Through acts of Parliament, we are responsible for so many people who work for the federal government: for making sure they are given the resources that they need from a human resources perspective and from a support perspective. We are also responsible for putting forward and implementing legislation that impacts people who are beyond the scope of being directly employed by the federal government.

Although the measures that I just mentioned were brought into place by the federal government, this piece of legislation seeks to fill a huge gap in terms of the workplace outside of and beyond the federal government. To that end, I applaud the member for bringing forward this piece of legislation.

The efforts that we did introduce together, collectively, were the recent changes provided the right to a request for flexible work arrangements in the existing 17 weeks of unpaid medical leave. These demonstrate our commitment, in my opinion, to protecting Canadian workers when they experience a tragedy. However, as I indicated, there is still more work to be done, and it is for that reason that the government supports Bill C-220, an act to amend the Canada Labour Code (bereavement leave).

The amendments that have been spoken about today help to ensure that caregivers who have suffered a loss have more time to grieve and focus on practical necessities, such as funeral planning.

I mentioned earlier that in the fall of last year, my father-in-law passed away. It was not sudden. It was several months coming, but nonetheless, the planning and everything one needs to do at that time can truly become overwhelming. Therefore, it becomes extremely important to make sure that time is given and people have the resources they need in order to go through that process without worrying about what it means to their employment.

Canada Labour CodePrivate Members' Business

April 13th, 2021 / 6:15 p.m.
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Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, it is a privilege for me to have the opportunity to participate in this debate. This is my sixth year as the member of Parliament representing the great people of Nepean, and in these six years, only a few times have I seen members of all political parties, belonging to various political spectrums and with different ideologies, come together to work as one collaborative team. We did so to produce this legislative product, and I am so privileged to participate in the debate today.

We all agree that losing someone we love is very difficult, to say the least. Time is necessary for grieving and for taking care of things such as planning a funeral and contacting banks and service providers. Having to deal with all of this can make things even more difficult, especially if one has to think about returning to work. To quote Kelly Masotti, vice-president of advocacy for the Canadian Cancer Society, “Imagine being a caregiver every day to your loved one, managing their day-to-day care and, following their passing, being expected to return to work immediately afterwards”. She also said, “Family members, potential recipients of compassionate care leave, may need support as they grieve the loss of a loved one and try to manage numerous strains and stresses on their mental health.”

It is our responsibility as the government to continuously work to make sure that our labour standards reflect our country's evolving workplaces. It is our responsibility to provide workers with the support they need when they need it.

With its adopted amendments, Bill C-220 now has the potential to provide workers with more of the support they need when they lose someone they love, and we are not the only ones to think so. To quote Ms. Masotti one more time, “The proposed bill does just that. It amends the existing framework to better meet the needs of Canadians, to be more practical and to address grief and bereavement.” Moreover, as Mr. Paul Adams from the Canadian Grief Alliance said, Bill C-220, “will create a right for a significantly large number of Canadians to a more generous period to grieve, to collect themselves and to rejoin the world of work.”

In recent years, the government has made several changes to the Canada Labour Code to modernize labour standards. Some of these changes include improving existing leaves and introducing new ones to better support grieving workers. Part III of the Canada Labour Code now provides for a number of leaves that employees can use following the death of a family member. For example, we increased bereavement leave from three to five days. An employee can take this leave during the period that begins on the day on which the death occurs. The right to this leave ends six weeks after the latest of the days on which any funeral, burial or memorial service of the immediate family member occurs. The first three days of leave must be paid if the employee has completed three continuous months of employment. All employees are entitled to five unpaid days of bereavement leave, regardless of their length of service.

We also introduced a new personal leave of up to five days, of which three days are paid for employees with three months of continuous employment. The employee can take this personal leave for various reasons, including in the event of an urgent situation such as the death of a family member.

Finally, employees have access to an unpaid medical leave of up to 17 weeks. The employee can take this leave if he or she is unable to work due to health reasons, including psychological trauma or stress resulting from the death of a family member. We made all these changes to make sure that federally regulated private sector employees have access to a robust and modern set of labour standards.

As for employment insurance, since 2015 we have made substantial legislative changes to better support families. We made changes to make EI benefits for caregivers more flexible, inclusive and easier to access. We also amended the Canada Labour Code in order to ensure that employees have access to job-protected leave when they avail themselves of the enhanced EI benefits.

In 2017, we introduced a benefit that allows eligible family caregivers to receive up to 15 weeks of income support to provide care for an adult family member who is critically ill or injured. In addition, immediate and extended family members of children who are critically ill now have access to up to 35 weeks of benefits that were previously available only to parents.

There is also the compassionate care benefit, which provides up to 26 weeks of benefits to individuals who are away from work to care for or support a family member who has a serious medical condition with a significant risk of death in the next 26 weeks.

As I said earlier, it is our responsibility as the Government of Canada to continuously work to make sure that our employment insurance benefits and labour standards reflect our country's evolving workplaces. To do so, we have always worked with all of our partners.

The bill before us today represents an opportunity for all of us together to provide workers with the support they need when they need it. Now Canadian workers need this bill to pass. For over a year now, too many Canadians have been losing loved ones to COVID-19. Too many Canadians have been grieving, while at the same time trying to deal with the economic hardship and all of the practical business that comes along with that.

We are making sure that all federally regulated employees can get additional time off in the event they lose a loved one, regardless of whether they are on leave at the time of death.

Canada Labour CodePrivate Members' Business

April 13th, 2021 / 6:05 p.m.
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Liberal

Emmanuella Lambropoulos Liberal Saint-Laurent, QC

Mr. Speaker, I am thankful for the opportunity to speak on this very important bill. Bill C-220, an act that would amend the Labour Code regarding compassionate care leave is one that, if passed, would make a major difference for so many Canadians at one of the most difficult moments of their lives.

Most Canadians have been a situation where they have lost a loved one or have experienced grief due to the loss of a loved one. Anyone who has experienced knows there is no way of getting around certain things. At the very moment one loses someone so important to them, who has likely been a major part of their life for so long, one has to take care of arrangements one hopes one would never have to make.

It goes without saying that work is the last thing on one's mind when they are going through the death of a family member. There is no way to be productive when one is experiencing such a loss, at least not so soon, and yet grieving employees often return to work before they are ready. Doing so only has a negative impact on their work performance, productivity and careers. We are talking about absences, career interruptions and unplanned resignations.

Our government can do more to support grieving employees. One thing we can do is provide time off so that employees can deal with the stress of losing a loved one. Bill C-220 could provide more time. In fact, this piece of legislation was strong in the beginning and is even stronger now with the amendments that have been adopted.

What is compassionate care leave? Allow me to explain. Compassionate care leave is unpaid leave under part III of the Canada Labour Code that allows an employee to take up to 28 weeks of leave within a 52-week period to provide care and support to a family member who has a serious medical condition with a significant risk of death within a 26-week period, as attested to in a medical certificate.

Employees on compassionate care leave could also be eligible for corresponding employment insurance compassionate care benefits for up to 26 weeks. Currently, compassionate care leave as well as corresponding employment insurance benefits end on the last day of the week in which the person being cared for dies.

Our government recognizes that we have a role to play in providing workers in federally regulated workplaces with the support they need following the death of a family member.

The government provides this assistance mainly under part III of the Canada Labour Code, which provides for a number of types of leave and other support measures for employees.

For example, part III of the code provides for up to five days of bereavement leave, including three paid days for employees who have completed three consecutive months of continuous employment. This leave may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that immediate family member occurs.

Next, there is personal leave of up to five days, including three paid days for employees who have completed three consecutive months of continuous employment. It can be taken for various reasons, particularly in case of an emergency, such as the death of family member.

There is also up to 17 weeks of leave without pay for medical reasons if the employee is unable to work for health reasons, including psychological trauma or stress caused by the death of a family member.

Also, there is a right to request flexible work arrangements, which allows employees to request a change to the terms and conditions of their employment related to the number of hours they work, their work schedule and the location of their work. Employees who have completed six months of continuous employment with an employer are entitled to make this request.

Let us get back to Bill C-220 and its amendments.

Bill C-220, an act to amend the Canada Labour Code with regard to bereavement leave, is now stronger and more equitable, and that is thanks to some important amendments. These amendments were recently passed at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. The amended Bill C-220 would extend bereavement leave by five days, for a total of 10 days, as opposed to extending compassionate care leave, as the bill was originally drafted. This would ensure that all federally regulated employees can get additional time off if they lose a loved one, regardless of whether they are on leave at the time.

The adopted amendments also ensure that a broader group of employees would be entitled to take bereavement leave. Employees on compassionate care leave or leave related to critical illness who are caring for a non-immediate family member who passes away would also be entitled to the 10 days of bereavement leave. This secondary amendment was necessary because those employees concurrently only take bereavement leave when it pertains to an immediate family member. This is not the case for compassionate care leave or leave related to critical illness. The definition of “family member” under bereavement leave does not include non-immediate family members, whereas under compassionate care leave and leave related to critical illness it does. Without the adopted amendment, employees who take compassionate care leave or leave related to critical illness in respect of a non-immediate family member who passes away would not be entitled to bereavement leave.

As amended, Bill C-220 would support all employees in dealing with the loss of a family member, not only those who are on compassionate care leave. This is in line with the government's commitment to provide leave for those who need it most. No Canadian should have to choose between grieving the loss of a loved one and working.

We are very pleased that the amendments were accepted, as they make Bill C-220 more equitable and more consistent in how the government supports employees who experience the death of a loved one.

Thanks to the amendments we adopted, Bill C-220 will give federally regulated private sector employees who lose a loved one more time off to grieve and attend to practicalities, such as making funeral arrangements and sharing the news with family and friends.

This is why it is really great to see that all parties seem to be in support of this bill. Like my colleague before me, I am very happy that our Conservative colleague who came forward with this bill did so in such a non-partisan fashion. I am glad that all parliamentarians are working together to make sure Canadians can properly grieve, have the chance to grieve when they need to, and not be negatively impacted in the workplace.

With that, I invite my colleagues to vote in favour of Bill C-220 as amended so we can support Canadian workers from coast to coast to coast.

Canada Labour CodePrivate Members' Business

April 13th, 2021 / 6 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, work is what makes the world go around. Work produces buildings, buses, tools, a great meal at a restaurant or a concert. These are all ways that people improve the world around them. It is work that clothes and feeds children and takes care of our elders, whether it is in the home or in personal care homes. However, there can be a tendency to value work, particularly paid work, to the point where we forget about other important things in life, like the relationships we have or the effect of the loss of a loved one in the case of Bill C-220.

It is a lesson that the pandemic has very much taught us when we consider some of the culture around going to work when sick, for instance, in the pandemic. We have a tendency to put paid work up on such a high pedestal that other important things like not spreading a virus to members of our communities suddenly do not get the priority they should. As a society, we sometimes have a tendency to put paid work on such a high pedestal that we neglect the other important things in life, whether it is the health of our friends and colleagues in the workplace or ensuring that our colleagues, friends and ourselves take the time we need to grieve in the event of losing somebody really important.

The great virtue of this bill is that it creates a little more space for that kind of humanity to enter into the Canadian economy, to recognize that work is very important and paid work is also very important, but there are other important things in a human life that need to be given their proper due with the time it takes to give them that due. We heard some examples earlier in the debate of the kinds of tasks that have to be accomplished, the kind of work that needs to be done when we lose loved ones as well as the importance of taking the time to grieve and appreciate both the loss of loved ones and the gift they gave in their time with us.

That is why New Democrats are quite pleased and proud to support this initiative. We look forward to follow-up from the government to ensure that the employment insurance compassionate care leave is modified appropriately to ensure that this gift of time for those who have suffered loss is not just a gift for the wealthy, those who can afford it and those who already have the resources to take the extra time without worrying about their rent or putting meals on the table. That is why following up on those employment insurance reforms is going to be very important.

I hope that some of the non-partisanship around this issue, which recognizes the need to take a step back from a sometimes frantic work culture to recognize important things about the human experience, might equally be applied to an effort to get 10 legislated days of paid sick leave for Canadian workers in the same spirit of recognizing that sometimes paid work is not the most important thing. Even though it continues to be important, it is not always the most important thing, and our economic structure has to allow for people to take that time out.

I look forward to this kind of non-partisan co-operation and collaboration and some leadership from government when it comes to the EI sickness benefit, which currently is only 15 weeks. The House of Commons has stated its intention very clearly on a number of occasions, including once by unanimous consent, that the period ought to be expanded to 50 weeks. It was a campaign commitment of the government to expand it to 26 weeks. We need to move forward with that.

What we have seen in the context of this bill is what it can look like when parties come to the table in good faith, recognize some of these things and try to move the ball forward. We wish to see that same spirit of collaboration and swift passage when it comes to other important reforms that may not be particularly about bereavement, but are part and parcel of what I take to be the most important insight behind this, which is that, yes, paid work is important, but it is not the only thing that is important.

We need an economy that recognizes those other things that are important, and we need to give some space and room to those things so people can live a life that recognizes the importance of all those other things and the kinds of work that happen in our society that are not paid but are nevertheless very important to people's lives and to the communities we all live in.

It is in that spirit that New Democrats have collaborated in order to have this bill go as far as it can under the existing rules of Parliament and to try to get it through as quickly as we can so this change might take effect before this Parliament expires.

Canada Labour CodePrivate Members' Business

April 13th, 2021 / 5:50 p.m.
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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Mr. Speaker, I am pleased to reiterate that my party, the Bloc Québécois, will support Bill C-220.

I was not able to listen to the colleagues who spoke before me, but I think the bill's sponsor had two goals in mind. First of all, the bill is meant to recognize workers who take compassionate care leave to care for a loved one, under either employment insurance or the Canada Labour Code. Second, and most importantly, the bill makes it possible for workers to keep their jobs when they have to miss work to take care of someone.

Pursuant to the Canada Labour Code, workers have access to 28 weeks of compassionate care leave. Through the EI program, eligible workers can take 26 weeks of compassionate care leave. In both cases, workers can access these leaves only if the person they are caring for is expected to die in the near future.

In these situations, people often provide care for weeks at a time and sometimes provide end-of-life care. In some cases, the person receiving care may die long before the end of the leave. The rules of the Canada Labour Code are clear and require the individual to return to work after the death of the person receiving care.

Imagine someone who has had to support a sick family member and even drained all their savings doing it. This often happens to family caregivers, if I can use that as a general term. They give their time to support a loved one, which is very demanding, but as soon as the loved one dies, they are forced to go back to work. We do not think anyone should be forced into that situation. The change proposed in the bill is intended to ensure that each of those caregivers is granted additional leave to give them time to grieve without losing their jobs.

The member who introduced the bill had an opportunity to appear before the committee, and I think he also raised this issue in his own province. With the amendment we proposed, we set a new bar by increasing bereavement leave to 10 days, while of course setting out a time frame to bring the agreements in line with the Canada Labour Code. This proves that we value workers who go back to work and ensures that there is no arbitrary treatment and no layoffs or dismissals when the worker has to go back to work following the death of the sick person they were caring for. We changed the number of weeks and days that will be allowed.

We also had a chance to hear from another witness whose name I cannot remember. We spoke about bereavement. It is true that this is something we do not talk about a lot in our society, but the grieving period is very important. It is a period we must go through, so it should happen under the best possible conditions.

It is important that we make sure caregivers have this 10-day leave in the event of a death. It will give them time to make all the funeral arrangements, but it will also give them time for themselves, time to process what happened. That will be allowed, and no one will have to wonder whether they need to return to work early. Caregivers will be able to decide how much time they need before going back to work, depending on their situation.

That was the objective of this bill, which did not require major legislative amendments to the Canada Labour Code. However, deciding to change the rules is an important change for all those concerned, so I invite all parliamentarians to support it.

I believe that we, the committee members, dealt with this bill very efficiently after it passed at second reading. We studied it quickly and came back with a recommendation that is entirely favourable.

I also want to talk about what is going on with caregivers. Even though we raise awareness about this during national caregiver week, we tend to forget that, in Canada alone, 30% of the workforce are caregivers, which is quite a lot. The majority of these caregivers—54% in Canada and even more, 58%, in Quebec—are women.

These people are family members and friends. They decide to give their time to support someone and, as I said earlier, that takes a lot of energy.

We could take a more comprehensive look at the rules around compassionate care leave and how those rules are written, but I think the main purpose of the member's bill was not to change the number of weeks of leave, but to improve conditions for grieving caregivers. We needed to fix things so that people were not forced to return to work as soon as the loved one died, and that is what we have done. This bill will improve the situation by amending the Canada Labour Code.

The important thing to remember is that the caregiver will keep their job if the sick person dies, and they may need a few extra weeks, even if they have not used up all the weeks they were given. There is no way of knowing if or when the sick person will die. We hope it will not happen, but often it does.

The pandemic has highlighted this reality and given us an opportunity to debate the issue of caregivers. We have been able to look at how these people who are being asked to do so much, who generously give their time and want to help others, might need to be supported through various other programs. During the pandemic, we saw how difficult it was for them to manage.

Even though this is a modest contribution that we as parliamentarians can make to improve the Canada Labour Code, I should note that for the person who came to testify at committee, it was one more step in the right direction, a way of recognizing that caregivers also need time to care for themselves and to properly mourn their loss with dignity, just as they cared for people with dignity.

I may not have used all of my speaking time, but I just wanted to make it clear that it is important to unanimously support this bill to amend the Canada Labour Code.

Canada Labour CodePrivate Members' Business

April 13th, 2021 / 5:30 p.m.
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Conservative

David Sweet Conservative Flamborough—Glanbrook, ON

Mr. Speaker, there have been discussions between all parties, and I think if you seek it you will find unanimous consent to pass Bill C-220 at report stage and move immediately to third reading.

The House proceeded to the consideration of Bill C-220, An Act to amend the Canada Labour Code (bereavement leave), as reported (with amendments) from the committee.

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

February 26th, 2021 / 12:10 p.m.
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Liberal

Sean Casey Liberal Charlottetown, PE

Madam Speaker, I have the honour to present, in both official languages, the second report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities concerning Bill C-220, an act to amend the Canada Labour Code with regard to compassionate care leave. The committee has studied the bill and has decided to report the bill back to the House with amendments.

February 25th, 2021 / 4:45 p.m.
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Liberal

The Chair Liberal Sean Casey

I call the meeting back to order.

Today's meeting is to consider Bill C-220, an act to amend the Canada Labour Code regarding compassionate care leave.

Before we begin clause-by-clause study, I would like to welcome Douglas Wolfe, acting director general, and Sébastien St-Arnaud, manager of strategic policy, analysis and workplace information directorate, from the Department of Employment and Social Development. They are available to answer policy-related questions in the context of the bill.

Colleagues, you have the bill before you. We will proceed now with clause-by-clause.

(On clause 1)

I understand that an amendment has been submitted called LIB/CPC-1.

I invite Mr. Housefather to speak to the amendment.

February 25th, 2021 / 3:55 p.m.
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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Thank you for that.

We'll go back to you, Matt.

One of the proposed amendments we made to Bill C-220, the act to amend the Canada Labour Code, is to extend bereavement leave by five days, for a total of 10 days. We just talked about that earlier. Can you speak to the importance of expanding bereavement leave, and how this will ensure that employees are given the time they need to grieve and focus on practical necessities in the event they lose a loved one?

Mr. Adams, you certainly commented on that but, Matt, I'll let you go first.

February 25th, 2021 / 3:35 p.m.
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Kelly Masotti Vice-President, Advocacy, Canadian Cancer Society

Good afternoon, Chair, committee members and fellow witnesses.

My name is Kelly Masotti. I am vice-president of advocacy at the Canadian Cancer Society. Hopefully my colleague Helena will be joining us at some point in time today.

Thank you for the opportunity to discuss with you today Bill C-220, an act to amend the Canada Labour Code regarding bereavement leave.

As you study the bill, we are pleased to share with you perspectives on the ways a change in legislation of this kind could have an impact upon the many Canadians who are diagnosed with cancer every year and upon their loved ones.

This legislative change was needed prior to COVID-19. Our health care system is evolving quickly, and elected officials and governments across the country have shown incredible leadership. For that we thank you and encourage your continued response to the evolving needs of Canadians.

The Canadian Cancer Society has long advocated for increased awareness and flexibility concerning the needs of caregivers, and specifically for amending current bereavement legislation and regulation to be more flexible. The proposed bill does just that. It amends the existing framework to better meet the needs of Canadians, to be more practical and to address grief and bereavement.

Prior to a loved one's passing, some caregivers' responsibilities include managing medications, equipment, home care visits and medical appointments; personal care; preparing meals; cleaning; handling banking and financial management; and keeping family members and health care providers up to date.

Many Canadians every day undertake this important, invisible role. While improvements are being made, there is a lack of recognition of the role of caregivers and the role of the formal health care and social services they intersect with every day.

The peripheral role assigned to a caregiver by a health and social service system can often leave caregivers feeling discounted, devalued and not respected. Caregivers are as diverse as the Canadian population, but policies and programs that affect them seldom take into account or address this diversity.

Imagine being a caregiver every day to your loved one, managing their day-to-day care and, following their passing, being expected to return to work immediately afterwards because you have either no or inadequate paid bereavement leave. Family members, potential recipients of compassionate care leave, may need support as they grieve the loss of a loved one and try to manage numerous strains and stresses on their mental health.

According to a recent Statistics Canada report, one-fifth of caregivers provided 20 or more hours of care to an ill family member or friend, most likely an ill spouse or child. Additionally, 68% of the surveyed caregivers said they would have liked to receive greater financial supports.

The economic value of unpaid caregiving in Canada exceeds $25 billion annually. As mentioned previously, the needs of caregivers and bereavement leave are issues that needed to be addressed prior to COVID-19. COVID-19 has had impacts upon caregivers' ability to attend and support their loved ones receiving cancer treatment in a hospital setting and treatment at the end of life, and being able to say goodbye. There is increasing evidence generated by our support services, our patient and caregiver surveys and research by academia suggesting that throughout the COVID-19 pandemic caregivers are feeling increased amounts of burnout, stress, anxiety and frustration. These are having a significant toll on their mental health.

A recent Ipsos poll conducted by CCS at the beginning of February found that approximately eight in 10 Canadians are supportive of providing financial support for a family caregiver of someone facing a progressive, life-altering illness such as cancer. Failure to provide adequate supports and time to grieve can result in negative outcomes for the person and their mental health and increased downstream costs to the health care and employment sectors.

Bereavement programs are often part of the comprehensive care offered as part of palliative care—another gap in the health care system that needs improvement.

By making leave for caregivers more flexible, more Canadians will have access to the time necessary to heal, minimize economic hardships and help take care of some of the most practical business, such as planning a funeral and contacting banks and services providers following a loved one's death.

In summary, the Canadian Cancer Society supports the efforts of MP Jeneroux to highlight the need for greater bereavement support for Canadians, especially caregivers.

Thanks again to the committee for your time and energy today as you consider this practical and positive change to provide people time to grieve for a loved one.

February 25th, 2021 / 3:30 p.m.
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Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

Thank you, Mr. Chair. It's good to be in this seat for once.

Before I get started on my remarks, I want to simply say a huge thank you to you and the members of the committee for agreeing to make Bill C-220 a priority. To interrupt your ongoing business to study our bill means so much to me, but also to the many stakeholders. Again, thank you.

It's an honour to appear before this committee to discuss my private member's bill, Bill C-220. I'm also very pleased to appear alongside my friends, the Canadian Cancer Society and the Canadian Grief Alliance, who I know will help answer any questions we might have about this bill.

Currently the issue facing many families when facing the death of a loved one is the amount of legislated leave. Right now, under Canada's labour code, Canadians are only able to take five days, with only the first 72 hours being paid. This has gotten better with the passing of bereavement leave, but we've all heard that it's simply not compassionate enough. The leave still ends within days of a loved one's death, leaving little time to take care of practical necessities such as funeral and estate planning, and most importantly, to grieve.

I've heard from many people who have taken the leave that having to return to work so soon after the death resulted in more lost work time down the road. They ended up having to take more time off to process the death and to grieve. Bereavement has become a topic that we as representatives must continue to discuss. We've seen 20,000 Canadians die from COVID-19 in the last year. Many have had to say goodbye to their loved ones through a paned glass window, and those are the lucky ones. That leaves thousands of Canadians to grieve while trying to juggle their jobs and other personal responsibilities.

Grief impacts all people differently, and while some people might want to return to work quickly, that's not always the case for others. It's important to have bereavement supports in place for Canadians, especially as our population ages. Now is an important time to be talking about grief and its impact on workers. Every Canadian will be impacted by grief at some point in their lives, and this fact has been especially poignant during COVID-19.

My final topic that I'd like to touch on before I turn the floor over to the experts is the nature in which this bill was drafted and is now in the process of being amended. I've said it in the House of Commons, I've said it in public and I've said it during countless media interviews, but a real success of this bill has been the collaboration around the importance of supporting grief. I again thank the many stakeholders who have weighed in over countless hours while we explored this topic, especially our friends in the Canadian Hospice Palliative Care Association, and particularly the Alberta Hospice Palliative Care Association, where this idea all began.

I also think it's important to recognize the tremendous support offered by the Minister of Labour and her parliamentary secretary, the member for Mount Royal. This is a real story that really does need to be told. Working across the party lines with the Bloc Québécois member for Thérèse-De Blainville and the NDP member for Elmwood—Transcona is a real example of parliamentarians working together to truly make our country better.

It's because of all their tireless advocacy that we today have an opportunity to make more bereavement supports available to working Canadians. Enacting these changes will help millions right when they need it the most.

Thanks again for having me at your committee.

February 25th, 2021 / 3:30 p.m.
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Liberal

The Chair Liberal Sean Casey

I call this meeting to order.

Welcome to meeting number 19 of the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

Today's meeting is taking place in a hybrid format pursuant to the House order of January 25, 2021. The proceedings will be made available via the House of Commons website. The webcast will always show the person speaking rather than the entirety of the committee. Pursuant to the order of reference of Wednesday, February 17, 2021, the committee will commence its consideration of Bill C-220, an act to amend the Canada Labour Code with regard to compassionate care leave.

I welcome our witnesses to begin our discussion with five minutes of opening remarks, followed by questions.

We have with us Matt Jeneroux, the member of Parliament for Edmonton Riverbend. Representing the Canadian Cancer Society, we have Kelly Masotti, and once she has her technical issues resolved, Helena Sonea. Ms. Masotti is the vice-president of advocacy, and Ms. Sonea is the senior manager of advocacy. We also have, from the Canadian Grief Alliance, Paul Adams.

For the benefit of our guests, I'll make a few additional comments. Simultaneous translation is available. You have the choice at the bottom of your screen of floor, English or French. When speaking, please speak slowly and clearly. When you're not speaking, your mike should be on mute.

We're going to start with the sponsor of the bill.

Mr. Jeneroux, welcome to the committee. You have five minutes for your opening statement, and you have the floor.

February 18th, 2021 / 5:20 p.m.
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Liberal

The Chair Liberal Sean Casey

Thank you for that suggestion, Ms. Dancho.

With that, do we have consensus to proceed in that fashion? The subcommittee will seek to get its work done promptly, ideally as soon as this Tuesday. Do we have consensus on that or do we need a vote? I don't think we need a vote. I think we've talked this through. We will proceed in that fashion.

In terms of our schedule, colleagues, this coming Tuesday the 23rd we will have our second meeting on the EI study. There will be witnesses from the Canada Revenue Agency and Statistics Canada on the first panel. The second panel will be the C.D. Howe Institute. On Thursday the 25th, we will commence our examination of Bill C-220. The week following is a constituency week, and the work of the subcommittee will dictate what will be done when we return. That's a bit of a look ahead.

Is there any other business to come before the meeting? Is it the will of the committee to adjourn? I think it is.

Ms. Chabot, you have the floor.

February 18th, 2021 / 4:55 p.m.
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Liberal

The Chair Liberal Sean Casey

Thank you, Madame Chabot.

Colleagues, I think we have a consensus.

I am going to propose, following on Ms. Dancho's recommendation, that any amendments that a member of the committee wishes to have considered should be submitted to the clerk by 5:00 p.m. eastern time on Monday; that the committee consider Bill C-220 one week from today, on Thursday, February 25; that the first witness be the sponsor of the bill and that he be welcome to bring along any witness he wishes; and at the conclusion of witness testimony, which would normally be an hour, that we move to clause-by-clause consideration.

I think that also allows us the flexibility to add witnesses, if that is the will of the sponsor or the committee, but that we start with Mr. Jeneroux and exhaust the witnesses, which it appears will be just him and one other, before we move to clause-by-clause.

Is that acceptable, and if it is, do we need to put it in the form of a motion to be discussed and voted upon? That's what I would propose, based on what I've heard so far.

I see some thumbs up. Is there any discussion on that? If not, can we take that as the consensus?

Ms. Dancho, go ahead.

February 18th, 2021 / 4:45 p.m.
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Liberal

The Chair Liberal Sean Casey

Thank you, Mrs. Falk.

Are there any other discussions, comments or questions with respect to the approval of the budget for the rapid housing initiative study? Can we approve the budget by consensus or do we require a vote? I believe I see consensus in the room, so that budget is adopted.

The third item, colleagues, is that, as you may be aware, private member's bill, Bill C-220, an act to amend the Canada Labour Code regarding compassionate care leave, was referred to the committee by the House yesterday, I believe. It's for us to now do an examination of that private member's bill and report it back to the House. I know there have been some discussions between the parties and the bill's sponsor, Mr. Jeneroux, who is, as I understand it, available to come to the committee on Thursday.

I open the floor for your thoughts on scheduling, how much time you expect we will need and any other comments you may have with respect to how we dispense with this matter that has been referred to us by the House.

I recognize Mr. Housefather.

February 18th, 2021 / 4:35 p.m.
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Liberal

The Chair Liberal Sean Casey

We have probably five items that I'm hoping we're going to be able to get through. First, you will have received a news release regarding this study that we need you to approve so that we can hit send. Second, a couple of budgets need to be approved. Third, we've had a matter referred to us by the House, a private member's bill, C-220. We need to talk about that. Also, the supplementary estimates (C) have been reported to us. Those are the things I'd like to get through.

We can perhaps start with the news release. I trust you have seen the draft release. By way of background, colleagues, the fact that we are doing an examination of the EI system has prompted some interest from various groups. The clerk of the committee has been contacted. We thought it a good idea to make a public statement so that there is information out there. If people wish to submit briefs, as you can see on the press release, there's a clear public invitation there to do so.

Are there any thoughts or comments on the news release? Are folks comfortable with our doing this? It's generally something we do at the end of a study as opposed to the beginning.

The floor is open. Please use the “raise hand” function.

Ms. Chabot, you have the floor.

Canada Labour CodePrivate Members' Business

February 17th, 2021 / 3:25 p.m.
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Liberal

The Speaker Liberal Anthony Rota

It being 3:25 p.m., pursuant to an order made on Monday, January 25, the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-220, under Private Members' Business.

Call in the members.

The House resumed from February 4 consideration of the motion that Bill C-220, An Act to amend the Canada Labour Code (compassionate care leave), be read the second time and referred to a committee.

Canada Labour CodePrivate Members' Business

February 4th, 2021 / 6 p.m.
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Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, I am very pleased to rise today as a member of the Bloc Québécois and from Manicouagan, but also as my party's critic for families, children and social development.

Let me begin by thanking my colleague, the hon. member for Edmonton Riverbend, for his work on Bill C-220 and for introducing it. It is a simple bill, but it is a good example of how we are unable to dissociate our personal life from our public life and, in our case, the work that we do in the House. I remember hearing my colleague talk in the House about what was behind his bill and I heard him speak with dignity, compassion and conviction.

I must say that the Bloc Québécois is in favour of the principle, or the very essence, of the bill. Ideological positions aside, at the end of the day, we are all connected as human beings. Our party supports the principle of the bill because it has always been important, and, for our political party, necessary, to allow workers to maintain a good employment relationship. This is so that workers do not fall prey to what I will refer to as the false dilemma of having to choose between a tragic situation, such as caring for a loved one at the end of their life, or losing their job. There is a need there and this bill addresses it.

This reminds me of another bill that illustrates the Bloc Québécois's position. This morning, my colleague from Salaberry—Suroît introduced Bill C-265, referred to as the Émilie Sansfaçon act, which would increase to 50 the number of weeks for which employment insurance may be paid in the event of a serious illness. This is about compassion and support for people who are ill, but it is also about supporting the caregivers and people who are supporting loved ones at the end of their lives. These values are important to the Bloc Québécois.

When we are going through a crisis in our life and we need to fight or to have all our strength, we do not want anything to undermine that strength or the help that we need. However, that could happen if the situation has made both us and the person who wants to help us vulnerable. At the risk of repeating myself, I think it is very important to say that this bill helps both those who are sick and their caregivers.

I will not get into the technical details of the bill because my colleagues, including the member for Shefford, did that earlier. Instead, I would like to come back to the very notion of caregiver. I was saying earlier that it is impossible to keep our public lives completely separate from our personal lives. I am the mother of three children, including a three-year-old boy who was born when I was here serving as an MP during the previous Parliament, although he was not born in the House. I am currently his caregiver.

Often we do not even realize that we are being caregivers. Most people do not know or believe that they are caregivers, even though they fit the description. They just think it is part of their role. As human beings, we take care of one another, but we do not realize at what point we go beyond what is considered “regular”, a word I do not really like, or “normal”, another word I do not like—in other words a kind of “average” of what we do and accomplish.

I will give a definition for caregiver, which is not my own but that of the Regroupement des aidants naturels du Québec. A caregiver is someone whose goal is to help a sick, injured or ageing person recover or to provide support at the end of life, if need be. The caregiver also seeks to maintain and improve the quality of life of the person under care whenever possible, and to help ensure a satisfactory end of life in accordance with the wishes of the person under care.

It is a very important role, and it covers so much. For example, when a person is at the end of life, we think about their physical needs, but they have other needs too. They have emotional needs. Caregivers support them. They provide health care, often in addition to what our health care systems do.

Caregivers support those who need care either occasionally or continuously, for varying periods of time, under changing circumstances they have no control over. Caregivers do not realize when it starts, and they do not know when it will end. They have a very important role to play. At home or in residences, caregivers are all around us; they are part of our families.

I think this kind of bill affects society as a whole. I shared my situation, and as I said, as parents, we are also caregivers to our own children.

I would like to share some statistics. I will go over them quickly, but it is important to mention them. These numbers are striking, and behind these numbers there are people. The Government of Canada's figures are not all up to date, but according to Quebec's statistics institute, in 2012, a quarter of the population over the age of 15 were caregivers. That is 25% of the population in 2012, and now it is 2021. In short, that is huge, and it is just the tip of the iceberg. As I said earlier, sometimes people do not even feel like they are a caregiver, so when they are responding to a survey, they might not even consider themselves part of this category. That means this would be just a glimpse of the proportion of the population of Quebec and Canada that are caregivers.

Mr. Speaker, do I have any time left?

Canada Labour CodePrivate Members' Business

February 4th, 2021 / 5:50 p.m.
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Mount Royal Québec

Liberal

Anthony Housefather LiberalParliamentary Secretary to the Minister of Labour

Mr. Speaker, it is a great pleasure to participate in today's debate on Bill C-220, an act to amend the Canada Labour Code for compassionate care leave. I want to thank the member for Edmonton Riverbend for putting this bill forward to allow caregivers to take additional days off when a loved one dies.

During the course of this pandemic, we have become even more sensitized to the important role of caregivers, whether they are family members or close friends. I have personally watched my mother, Myrna, be a caregiver for my dad, David.

I have seen first-hand the emotional and physical toll on caregivers. I have seen it all over my riding in drop-in centres, where caregivers drop their loved ones off to gain respite, and at long-term care centres. The love, tenderness and caring that is shown by those who take time off to play this role is commendable.

I first became very aware of caregivers when I was the mayor of Côte Saint-Luc and our local regional health board decided to close a drop-in centre that provided respite for caregivers. Along with members of my council, groups of stakeholders and the Cummings Centre in our riding, we managed to work together to put a drop-in centre at our aquatic and community centre. Then, as a member of Parliament, I was able to achieve financing for that centre from the government. Even today, that centre is open, providing drop-in care for people with dementia and their caregivers.

As my friend from Edmonton Riverbend points out, we need to take care of the mental health of caregivers as well. Ensuring them additional leave after the death of a loved one is completely in line with the government's commitment to providing mental health supports. As such, I am very pleased to say that the government supports Bill C-220, with some amendments, and I look forward to working with my friend from Edmonton Riverbend, and all members of the HUMA committee from all sides of the House. This is a bill in which I am confident we can achieve consensus.

Before I dive into the details of Bill C-220 and the proposed amendments, I would like to talk about some of the steps our government is taking to protect and support Canadian businesses and workers during the crisis.

In March, in the early days of the COVID-19 pandemic, the Government of Canada took a number of extraordinary but necessary steps to help Canadians get through this incredibly difficult time. Nearly nine million Canadians received assistance through the Canada emergency response benefit, and more than 3.5 million jobs were funded through the Canada emergency wage subsidy.

These and many other measures were implemented to help workers affected by COVID-19 support themselves and their families, as well as to help businesses continue to pay their employees.

Additionally, the government introduced a new leave under the Canada Labour Code to ensure that employees in federally regulated workplaces would be able to take time off to deal with situations related to COVID-19. A number of other job-protected leaves are also available to employees covered under part III of the Canada Labour Code.

For example, the five-day personal leave can be used to address urgent matters concerning an employee or their family member, including treating an illness or injury. Another example is the compassionate care leave, which currently provides up to 28 weeks of job-protected leave for employees who need to provide care and support to a family member who has a serious medical condition with a significant risk of death.

In addition, the leave related to critical illness provides employees with up to 37 weeks of job-protected leave to provide care or support to a critically ill child, and up to 17 weeks of leave to provide care or support to a critically ill adult.

The government knows how important it is to ensure that workers do not return to work if they have COVID-19 or are showing symptoms. The new Canada recovery sickness benefit, introduced through Bill C-4, helps workers who are sick or need to comply with public health measures. It provides $500 per week for up to two weeks for workers who are unable to work for at least 50% of the time they would have normally worked because they are sick or must self-isolate for reasons related to COVID-19, or have underlying conditions that would make them more susceptible to COVID-19.

The Canada recovery caregiving benefit provides $500 per week for up to 26 weeks per household for a worker who needs to take unpaid leave to care for their child under 12, or a family member who needs supervised care, who is unable to attend their school or regular care facility due to COVID-19.

Taken together, these benefits create a social safety net to help Canadians bridge the time between last spring's lockdown and the cautious reopening of our economy in future.

Bill C-4 also amended the Canada Labour Code so that federally regulated employees could continue to take leave with job protection if they were sick, had to self-isolate or care for someone due to COVID-19.

With these changes, federally regulated workers can access both the Canada recovery sickness benefit and the Canada recovery caregiving benefit without fear of losing their jobs.

Let me get back to Bill C-220. Currently under federal labour standards, caregivers can take a total of 28 weeks off work within a year to provide care and support for a family member who has a serious medical condition with a significant risk of death. Through Bill C-220, the member for Edmonton Riverbend is seeking to amend the current federal compassionate care leave to allow extended time off following the death of a loved one.

Basically, the bill would provide employees on compassionate care leave with additional leave under the code in situations where the family member who is being cared for dies. The amount of additional leave would vary depending on how many weeks the employee has been on leave. An employee who has been away from work for a period of 27 weeks or more would not be provided with any additional weeks of leave.

I stated that the government supported Bill C-220 with amendments. I will now say a little bit more about this.

The goal of the amendments we would propose is to help ensure that all employees, including caregivers, who have suffered a loss have more time to grieve and focus on practical necessities such as funeral planning.

We currently have, in the Labour Code, five days of bereavement leave. We are proposing to extend that bereavement leave by an additional five days, to 10 days, to ensure that employees who are taking care of a non-immediate family member, such as an aunt or nephew, while on compassionate care leave or leave related to critical illness are also covered. Not only would the existing people who are able to get bereavement leave because a close family member had died get the leave, but all of these caregivers would now be entitled to the 10 days of bereavement leave.

We believe that by doing this we would make Bill C-220 fairer and more consistent in how the government supports employees who experience the death of a family member. This would ensure that all federally regulated employees, including these caregivers, are provided with additional time off in the event they lose a loved one, regardless of what leave they are taking at the time or whether they are on leave at all.

We all agree that the death or possible death of a family member is one of the most difficult situations anyone can face. Our government believes that at such times Canadians should not have to choose between keeping their job or taking care of their family.

The Government of Canada is continuously improving policies, programs and services to meet the needs of Canadian workers and to better reflect the realities of the 21st century workplace. Our government agrees with the member for Edmonton Riverbend that we need to care for our caregivers. We made a commitment to improve the lives of caregivers and their families, and by joining with the member for Edmonton Riverbend in supporting Bill C-220 with these proposed amendments, we will be doing just that.

It is heartwarming to see that this is something we can all get behind, and I want to thank my friend from Edmonton Riverbend for putting the bill forward.

Canada Labour CodePrivate Members' Business

February 4th, 2021 / 5:40 p.m.
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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, it is a pleasure to rise here today in support of the positive words and well-deserved comments made so far on Bill C-220. I congratulate my colleague from Edmonton Riverbend for his work on this and for garnering support. Hopefully, if we go by the optimism and tone tonight, we can get it to committee to get more feedback and work together on how we can support caregivers and people in their time of need.

I am proud to be one of the members to have seconded this bill. It was good to get bipartisan support for the idea it puts forth in the first hour of debate we had on this bill last fall.

We have had a pretty good week when it comes to votes on private members' bills. There was Bill C-208, a Conservative bill, on the transfer of family farms. It got good bipartisan support. It is a very good common-sense piece of legislation that is moving forward. There was also Bill C-204, which takes real action on environmental protections by banning the export of plastic waste. When we get back from the break week, if we have a vote on this, I hope we will have another Conservative private member's bill that is making good progress and helping people.

For those who are not as familiar with it, the bill before us deals with compassionate care leave. We have that in our country for up to to 28 weeks through the EI system to help those who need to provide care to loved ones in their final days. One of the challenges we have is as an NDP member said in the first hour of debate in noting that there is a bit of a rough edge when it comes to the end of compassionate care leave. When caregivers lose their loved ones, they are expected to go back to work quickly. We need to address that. This bill certainly makes progress in doing that.

I want to give context and clarification to my constituents in Stormont—Dundas—South Glengarry who are watching this and Canadians who are interested in supporting this bill.

Due to a technicality in the private members' bills process, my colleague from Edmonton Riverbend cannot propose the spending of dollars without a royal recommendation and technical process. We cannot force the government to spend dollars through the regular EI program; that would have to be proposed by the government. I think getting this bill further, making that progress and passing this bill would build momentum to encourage the government to act on this.

What we are able to do as a Parliament through the private members' bills process is to amend the Canada Labour Code covering federally regulated workplaces, such as air transportation, banks, radio and television communications, railways, Crown corporations like Canada Post, and telecommunications. I think of our family trucking business, which would fall under this because of our cross-country work. Many trucking businesses would fall under this. Therefore, through this private member's bill we are able to address it in the Canada Labour Code.

The bill addresses a gap in compassionate care leave with respect to bereavement. The statistics show that about one in every four workers is a caregiver to someone in need. Currently, we have the EI process that has seen a lot of positive modernizations by governments. I am proud of our Conservative record when we were in government of expanding EI for maternity leave, looking at compassionate care leave, and making enhancements over the years. This is something that can build on that next layer, that next level of support that we need to do.

Here is why we need to do this. There are about three key points in this.

First, if the loved ones of family caregivers pass away, the family have to go back to work within a matter of a couple of days. We are lacking in that respect in our compassionate care policy in this country.

Second, there are a lot of things that family members need to attend to from a technical perspective, such as a funeral, insurance benefits and estate situations. In my constituency office we work with a lot of families on the CPP death benefit or other paperwork and things that need to be returned or closed on a file.

The third point is very relevant, but we have not talked about it as much during this whole debate, and that is the mental health of those caregivers as part of the bereavement process. It certainly has been tough during COVID-19, but that has always been the case when people have to return back to work quite quickly. I was proud to see many colleagues from all parties celebrate the amazing progress we have made with the Bell Let's Talk Day in raising awareness and reducing the stigma of mental health challenges.

This bill is a perfect example that we can go back to our constituents with and say that we are actually making things better, that we are doing things here in Ottawa that can help people in their time of need.

My colleague's bill, which I am proud to support, does that. It looks at where we are able to make these changes so that we can give up to three weeks of additional compassionate care leave in federally regulated workplaces to an employee to deal with grieving and bereavement after their loved one's life has ended.

What I like about this is our effort on this side of the aisle to show pragmatism and talk about a sliding scale, where someone could get up to three weeks of compassionate leave, depending on how much leave they had taken before their loved one's passing. I think it is pragmatic and reasonable, and it is exactly what we need to do to make a step in the right direction. If we can get this is in place we could also encourage the government and Canadians to support enhancements to EI in how we do this.

I want to note the overwhelming support from stakeholders who deal with caregivers, bereavement and illness across this country. There is a great cross-section of people on board in support of this bill: the Canadian Grief Alliance, the Canadian Cancer Society, the MS Society of Canada, the Heart and Stroke Foundation—

Canada Labour CodePrivate Members' Business

February 4th, 2021 / 5:30 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, it is a huge honour and privilege to rise on Bill C-220, sponsored by the member for Edmonton Riverbend, which would amend the Labour Code regarding compassionate care leave.

I want to thank the member for Edmonton Riverbend for his long-standing fight for bereavement leave in his home province of Alberta. I have worked with him on issues relating to men's mental health, and it is nice to be able to get up on issues that can be non-partisan to look after those who have been struggling the most. I also want to thank my colleague for Banff—Airdrie, with whom I shared the stage at the first-ever grief convention this year.

The context of the bill before us is really important, and I am speaking in support of it. The legislation would amend the Canada Labour Code to extend the period of an employee's compassionate care leave.

Why is this legislation so important? It is because it would allow employees to take time following the death of a family member to grieve and to make funeral preparations and family arrangements. It is important that Canadians be able to take care of their loved ones. Family is most important to all of us, and people need to be able to grieve and take care of their family affairs as needed without having to worry about losing their jobs.

We know that women still perform a lot of care work at home within families, and this disproportionately affects them to a higher degree. We also know that women tend to have lower earnings than men. The difference is even more pronounced in the case of racialized women. They are the ones who are most likely to need this leave and the least likely to be able to afford it. Making parallel changes to EI is even more important when it comes to this legislation.

I am glad to see that the bill seeks to extend the length of compassionate care leave to include time after the passing of a loved one. Right now, when a loved one passes away, their caregivers' leave ends and they are expected to return to work immediately, within a couple of days. We support the bill, but it would be nice to see the good work that it would do to extend leave for all families experiencing the loss of a loved one. As members know, death can occur suddenly or over an extended period of time, and grief is experienced in different ways for everyone.

While supporting the extended leave provisions, New Democrats would like to take the time to point out that there is a blind spot in the bill that the Conservatives have left out, and we propose that it be closed. It is that people have to be able to afford to take this time off, but the bill would not change EI benefits to reflect the additional leave provisions that we would like to see.

The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities did a report on supporting a family after the sudden loss of a child, and I think that there are some important lessons we can learn there. They include following up on the recommendations in the report, including expanding job protection for parents on bereavement leave, creating a pan-Canadian resource centre to support grieving parents and individuals going through the loss of a loved one, and making sure that employees in the federal government help with things like EI applications for grieving parents with compassion and understanding. There is a lot of work that needs to surround this type of bill.

I want to take a few minutes to relate some information that was shared with me from Camp Kerry BC, which is one of the few not-for-profit organizations that provide bereavement services to hospices right across Canada. I think of the hospices in my riding in Comox Valley, Oceanside, Alberni Valley and the west coast of Vancouver Island. Their support is so important for families during their grieving period.

It is estimated that between five and seven people are impacted significantly for every death, and each person who is affected will likely experience some or all of the following lifelong symptoms as the effects of complicated and unresolved grief: anxiety, depression, post-traumatic stress disorder, addiction and other disorders, suicide, homelessness, the loss of education, the loss of work and more.

Many people who are homeless and many who are incarcerated suffer from unresolved and complicated grief, yet most institutions and counsellors in Canada are just not equipped or trained to screen and to provide trauma-informed bereavement counselling. Unlike other developed nations, such as the U.K., the U.S., Ireland, New Zealand and many others, Canada still does not even have a national bereavement strategy

We also fail to acknowledge grief as a natural response to loss. We do not have any legislation that adequately addresses that. The limited time off for bereavement leave is only five days, three paid, unless a child has disappeared or died as a result of a probable crime. There is virtually no funding specifically designated toward bereavement care or toward organizations that provide bereavement services. We have been advocating for better supports for those groups. We would like to see organizations like Camp Kerry and hospices get more federal funding, especially now that we are in a pandemic, which has had an incredible impact on the experience of death and loneliness of people here in Canada.

The need for extending bereavement leave, and for our government to designate funding specifically toward these organizations that have a proven record of providing grief services, is long overdue. The average overall number of deaths in Canada was predicted to increase substantially as a result of the pandemic. It has not, but the mental health implications associated with the distancing restrictions and funerals is overwhelming Canadians, and this will likely increase during the pandemic's duration, as well as the number of symptomatic cases that bereavement and mental health services will see in the future.

We know that it is very important. The pandemic has caused a dramatic increase in isolation, anxiety and mental health challenges in Canada and around the world. We know these unfortunate circumstances are creating the perfect storm for long-term complicated grief.

I want to read a quote from the Camp Kerry Society:

For those in our community who lost a loved one just before or during the pandemic, the impacts of increased physical and social isolation are even more significant. Imagine facing the challenges of learning to be a single parent in the midst of home schooling, losing your job or perhaps working more hours in a now dangerous job? Or consider what it would feel like to grieve the loss of your child without the hugs, help and shared tears of your extended family? These are the emotional, social and financial challenges of the children and families we are trying to reach this year through our services.

It is heartbreaking. We also know the impact is even more complex in indigenous communities, stemming from the depths of the multi-generational legacy of colonialism, forced impoverishment, violence, residential school trauma, the sixties scoop of indigenous children and the legacy of previous pandemics. This history compounds grief and increases the risk for negative outcomes such as suicide, homelessness, addiction, crime and victimization. A large portion of first nations communities across Canada feel overwhelmed and triggered by the current pandemic. I see, with the Nuu-chah-nulth people in the territories where I live, how this has impacted them culturally, especially around the grieving process when they have lost a loved one. We have lost many people in our communities since the pandemic started, and there are not enough supports for them. Right now we can see that. The Canada Labour Code gives employees the right to request changes to their work hours and whatnot, but right now people need more than that.

Provisions in the Employment Insurance Act allow up to 15 weeks of paid benefits to eligible applicants with a note signed by a medical practitioner. It currently states that one must request a note from an approved family practitioner in order to access medical leave that is payable for up to 15 weeks, but the issue with this arrangement is that the laws do not acknowledge or define bereavement as a natural response to death. Groups like Camp Kerry believe that bereavement leave ought to reflect just that. In fact, the current laws require people to get a DSM-5 diagnosis that indicates they have a disorder. It forces practitioners to inappropriately diagnose their patients, simply so they can take time off of work.

A lot of work needs to be done on this. There needs to be more funding and support for local hospices, for local groups like Camp Kerry, and for education and training for professionals. We also want to see those extended supports, and not just for people in the public service, but well beyond that. We would like to see that legislated. We would like to see it go farther, and we need a national bereavement strategy: one that is supported by the federal government.

Again, I want to thank my good friend and colleague from Edmonton Riverbend for his important work, and all of the members in the House who will hopefully support this bill.

Canada Labour CodePrivate Members' Business

February 4th, 2021 / 5:20 p.m.
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Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, today, I will speak to Bill C-220, an act to amend the Canada Labour Code, and more specifically compassionate care leave.

As the Bloc Québécois critic for status of women and seniors, this is a subject that people come to me about on a regular basis. I will therefore talk about three aspects of it. First, I will talk about our party's position on this issue. Second, I will talk about the reason why seniors talk to me about this so much, and third, I will say a few words about the problems this creates for women.

I want to begin by saying that we agree with the principle of this bill. The Bloc Québécois has always felt it was important for workers to be able to maintain a healthy employment relationship and to not have to choose between two bad situations.

Taking care of a sick family member is already extremely hard. When that person dies, one can only imagine how the caregiver must have many mixed emotions, including guilt and sadness. Being forced to choose between one's job and providing end-of-life care for a loved one should never be an acceptable situation in Quebec, Canada or the provinces.

This bill, therefore, would give caregivers more leave before returning to work after the death of a loved one. This bill is actually very simple. It amends the Canada Labour Code such that people who take compassionate care leave can delay their return to work for a few days following the death of the loved one they were caring for. The bill is written to take into account the maximum number of weeks in the code for compassionate care leave, but it provides for additional days off based on the period between the beginning of the leave and the loved one's death.

Compassionate care leave enables people to take time off work and protect their jobs while caring for a loved one. The Canada Labour Code dictates how leave is granted and legal eligibility with respect to workers' rights. It is important to note that this leave is paid in accordance with the Employment Insurance Act.

That means an employer does not have to pay an employee who is not eligible for compassionate care leave special benefits but wants to take leave for that reason. In other words, there is no compassion.

Under subsection 206.3(2), “every employee is entitled to and shall be granted a leave of absence from employment of up to 28 weeks to provide care or support to a family member of the employee if a health care practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks” from the day the certificate is issued or the day the leave was commenced.

There is currently no provision in the code for paid compassionate care leave. In other words, someone who is not eligible for employment insurance may take 28 weeks of compassionate care leave, but at their own expense.

Let us talk about EI special benefits for compassionate care leave. Workers can take the 28 weeks of unpaid compassionate care leave under the Canada Labour Code, but the code also allows workers to take leave under the Employment Insurance Act. EI benefits have different criteria than EI regular benefits and refer to very specific situations, namely parental leave, maternity leave, sick leave, caregiver leave and compassionate care leave.

The difference between the EI caregiving benefit and the compassionate care leave benefit is that for the latter, the person being cared for has a medical certificate stating that he or she is likely to die within the next six months.

To get the employment insurance compassionate care benefit in 2020, a worker has to have 600 hours of work to receive benefits totally 55% of their average weekly salary for a maximum of $573 a week. A family member of someone who is seriously sick or injured, or a person at the end of life, sees their regular weekly salary reduced by more than 40% for a least a week because they have to be away from work to care for or support the person. A doctor or nurse practitioner has to attest that the person being cared for is seriously sick or injured or needs end-of-life care.

COVID-19 changes things. On August 20, 2020, the federal government decided to relax the criteria for the EI program, including special benefits for caregivers that include compassionate leave. For a one-year period, the government has reduced the number of hours workers need to 120, regardless of the employment insurance region or the employment insurance program where they apply. It is therefore providing a 480-hour credit to workers who wish to receive a special benefit. In this case it is for a compassionate leave. However, effective September 27, 2020, new EI claimants will need only 120 hours of insurable employment to receive at least $400 a week, if that amount is higher than their benefits. The benefits will vary between $400 and $573, but the Canada Labour Code allows workers to take these 28 weeks at their own expense.

Workers who are eligible for compassionate care benefits can receive them for a maximum of 26 weeks. If they have to be away for 28 weeks, they will receive benefits for only 26 weeks, and the other two weeks must be taken at their own expense.

The bill introduced by the member for Montmagny—L'Islet—Kamouraska—Rivière-du-Loup increases the leave taken under the Canada Labour Code by only a few days and therefore does not increase the duration of the EI caregiving benefits. This is all very technical. The important thing to remember is that caregivers need additional time to grieve. It is a matter of dignity.

The bill is directed at family caregivers who provide end-of-life care for a loved one. The Bloc Québécois has always believed that family caregivers play a crucial and central role both in the lives of the people they support and for society as a whole.

Many groups are calling on the government to finally recognize the importance of their role. One of those groups is Quebec's Appui, which advocates for better access to resources and improved quality of life. The pandemic has taken a toll on caregivers' finances. In Quebec, more than a quarter of caregivers, 26%, work and are therefore especially vulnerable because they have to make sure they bring in at least some income while caring for their loved one.

According to a CIBC survey, Canadians who help care for a loved one spend an average of $430 per month to do so. Three-quarters say they have had to make financial sacrifices. According to other sources, such as the Regroupement des aidants naturels du Québec, an association of caregivers in Quebec, caregivers spend more like $7,600 per year per loved one, regardless of their initial income level. As a result, 20% of caregivers experience financial insecurity.

According to Appui's 2016 survey of caregivers for seniors in Quebec, 1.5 million people reported providing at least one hour of care a week, and 2.2 million people provided care or emotional support for a loved one or helped them go to appointments, shop for groceries or fill out paperwork.

One of the main problems is that about one-third of caregivers, around 500,000 adults, who provide at least one hour of care a week do not recognize themselves as caregivers. The same is true for the one-fifth of caregivers who provide more than 10 hours of care a week. According to that same survey, 65% of caregivers cited a lack of knowledge of existing resources as the main reason for not accessing services. According to the Regroupement des aidants naturels du Québec and Quebec's department of health and social services, 85% of senior care is provided by caregivers. For example, for someone who requires 22 hours of care, 16.5 of those hours are provided by a caregiver and just 45 minutes are provided by local community service centres.

Caregivers are faced with a lack of resources regarding home care, wait times for long-term care beds, wait times for specialized resources for children with disabilities, wait times for palliative care, and fragmented care.

In 2012, 26.6% of family caregivers provided care, most of them at least once a week, according to Quebec's statistics institute. It would cost between $4 billion and $10 billion and would require the hiring of 1.2 million full-time professionals to cover the hours worked by caregivers.

Caregivers are mostly women, as was confirmed by such groups as the Association féminine d'éducation et d'action sociale and FADOQ. Last summer, these groups appeared before the Standing Committee on the Status of Women for its study on the impacts of the COVID-19 pandemic on women.

In closing, I will say this. The Bloc Québécois no longer wants the tax credit to be fully non-refundable. In a previous life, I was a project manager responsible for raising awareness of elder abuse and bullying. I spoke with groups of caregivers, and I could sense their exhaustion. I was told that after giving so much time and energy to help a person, it was difficult to get over their death. Caregivers live through trying circumstances, and they need time off. A few additional days is not much, but it could make a difference to them. The question is not whether we will become caregivers, but when.

For all these reasons, we must take action. The bill is a small step, but it means a lot to caregivers. It is a matter of dignity.

Canada Labour CodePrivate Members' Business

February 4th, 2021 / 5:15 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Mr. Speaker, the essence of Bill C-220 is to extend compassionate care leave by up to three weeks after the death of a loved one. That is very admirable. I have had an opportunity to have some discussions on this and to think about the legislation, and there are a couple of things that come to mind right away.

One is that over the last number of years in statements by the Prime Minister or other members of the House, there has been a desire to see ways that we can improve our employment insurance program and how we might continue to assist workers.

Throughout the whole coronavirus pandemic, we have heard a lot about getting a better understanding of what works well. One of the things that came up is the idea that when we start getting toward the end of the pandemic and can see that light, we should look at ways we can build back better. That is something that Bill C-220 could contribute to. I like the idea.

If the bill were allowed to go to committee, I believe that we would see some other ideas generated as a result of Bill C-220. Therefore, I am hoping that colleagues on all sides of the House would see this bill as a way we can improve the system, recognizing that compassionate care and the need to have that leave is absolutely critical. More and more family members provide care at a person's end of life, when people will spend days, weeks, and often months on the additional care necessary for a family member or loved one.

That is what I like about the bill: It wants to address the employment issue, which is very difficult. We get different types of relationships. I have always argued that life is about relationships, and some of those relationships are intense, particularly between family members. When a person passes away and their brother, sister, daughter or son goes back to work the following day, it can be fairly traumatic, so providing this sort of compassionate care leave is long overdue.

As for looking at ways to extend it, yes, there are things in place today, but we can do better. That is why I started my comments the way I did. We have been making gains over the last number of years in recognizing the need for reforming employment insurance and looking at ways we can support employees. This is one of the ways to do just that, so I look forward to the bill going to committee.

As a last thought, the pandemic has had such a profound impact on funerals and the passing of people we know. As parliamentarians we get to know a lot of people in our communities, and it is always sad when they pass. We look forward to a time when we can start to see people participate in funerals, families in particular, in a more wholesome way and not have to rely on the internet.

The House resumed from November 6, 2020 consideration of the motion that Bill C-220, An Act to amend the Canada Labour Code (compassionate care leave), be read the second time and referred to a committee.

Canada Labour CodePrivate Members' Business

November 6th, 2020 / 3:25 p.m.
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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Mr. Speaker, I would like to begin by thanking all of my parliamentary colleagues for their remarks today, and a special thanks to the member for Edmonton Riverbend for bringing forward this important piece of legislation, which I was honoured to jointly second.

It is clear this matter is close to the member's heart, and I truly appreciated hearing the personal story behind the bill's creation and the accomplishment of implementing a compassionate care leave program in Alberta.

I implore my colleagues, and I think what I am hearing today in the House is that we will be able, to pass Bill C-220 and bring it before committee for a fulsome examination to get this law right.

As the sponsoring member has indicated, this proposed legislation would extend compassionate care leave by up to three weeks after the passing of a loved one. Presently, the compassionate care leave program allows an employee in a federally regulated industry to take leave if a family member has a serious medical condition with a significant risk of death within 26 weeks from the day the medical certificate is issued or when the leave is granted.

It provides benefits for a maximum of 28 weeks during a 52-week qualifying period. The benefit period is broken down into 26 weeks of receiving benefits with an additional one to two weeks of unpaid leave. An employee with 600 or more insurable hours is able to seek compassionate care leave. The basic rate used to calculate these EI benefits is 55% of one's average insurable weekly earnings, up to a maximum amount of $573 per week.

This is a good program. It is one that the Conservatives promised to expand in 2015 from the original six weeks. The present government implemented that extension, with an additional 20 weeks, for a total of 26 weeks.

The issue this bill seeks to address is that the benefit ends once the family member passes away. The sad reality is that the now-grieving former caregiver still has many responsibilities to manage, funeral arrangements to make and emotions to process.

The bill from the member for Edmonton Riverbend will extend the leave period for up to three weeks if the employee has not yet reached the maximum threshold of 28 weeks.

COVID-19 has reminded all of us of the mortality of our loved ones and ourselves. When a death occurs, it is necessary to take the time to grieve and to attend to the practical tasks that accompany it. This legislative change will provide the breathing room needed without accompanying financial concerns.

The way this time period has been structured is well thought out, and takes into consideration the various circumstances people may find themselves in. Those who have taken close to the majority of their available compassionate care leave would receive another week following the passing of a loved one. Those who have taken between four and 20 weeks would receive two weeks beyond the death of their loved one. Lastly, those who took fewer than four weeks of compassionate care leave prior to their loved one's death would be eligible to receive an additional three weeks afterwards.

This bill accomplishes what is often difficult for government programs, in that it works to balance the real needs of employers with the very real, very personal needs of people suffering through what may be one of the most difficult periods in their lives.

The average duration of the compassionate care leave program presently used by an individual is between five and 12 weeks. Most would be able to take up to the additional three weeks off work without exceeding the benefit's threshold. Since this proposal operates within the existing 28-week period of the compassionate care leave program, it is not likely to pose an additional financial burden to the system.

That said, in 2018, 11,000 Canadians used this program. Sadly, that number is expected to continue rising in the coming years, further highlighting its necessity.

This bill has the support of many national organizations, including the Canadian Hospice Palliative Care Association, the ALS Society of Canada, the Heart and Stroke Foundation of Canada and Parkinson Canada.

The Canadian Cancer Society shared:

Caregivers supporting a loved one with cancer often must grapple with the physical, emotional and financial strain of their caregiving responsibilities. With so many emotional and practical issues to manage in the wake of a loved one’s passing, returning to work should not have to be one of them. We support [the member's] proposed extension to the Compassionate Care Leave so that caregivers can be afforded the time off work to navigate such an incredibly difficult time in their life, and hope to see support for this legislative change from all political parties.

Dr. Pamela Valentine, the CEO of Multiple Sclerosis Society of Canada, states:

The MS Society of Canada applauds [the member's] introduction of a Private Members’ Bill that focuses on expanding Compassionate Care Leave for all Canadians. The MS Society has long advocated for greater flexibility within EI sickness benefit policy, as many programs in Canada are designed like a binary switch: either you can work or you cannot work, which does not sufficiently address the realities of caregivers during the bereavement period. Expanding the compassionate care program will certainly benefit MS caregivers, and we encourage Parliamentarians to work together across party lines to ensure long-term support for caregivers and their families can become a reality.

I have a personal story that happened to me in 2008. It is what got me interested in the bill the first time. I was a graduate student at Carleton University. I was working full-time. My sister was living in Washington State and her husband suddenly passed away of swine flu during an earlier pandemic. I had to leave my work right away. My sister in Vancouver had to leave right away. Our parents both had to leave their jobs for an extended period of time to provide support to my sister and her four children.

At the time, it never even crossed my mind that there would be employment insurance or any funds available through the Labour Code that would assist me. Therefore, when the member for Edmonton Riverbend put forward this legislation, I thought it was a great addition to the types of programs we wanted to see governments provide to give Canadians flexibility when they really needed support and might not have that support otherwise.

In addition, in Canada right now, our labour market is changing at a very fast rate. Self-employed Canadians, for example, are able to get employment insurance now. I can imagine that legislation like this would be a real benefit to self-employed business owners who have to leave their operations for a number of weeks to take care of a sick loved one and to deal with the bereavement process. I encourage all members of Parliament to take a close look at this legislation, to look at the flexibility it would provide Canadians in a time of need and support it.

I would also like to point out that the member for Longueuil—Charles-LeMoyne talked about the need for the legislation to address sudden death. In my situation, this is exactly what this legislation would have helped with back in 2018. Therefore, I encourage all members of Parliament and the members on HUMA, if the bill makes it that far, to look closely at that suggested amendment as well.

At the end of the day, though, it is about providing better quality and better flexibility for Canadians when they are in need. I commend my colleague for bringing forward the legislation to give Canadians options that will make their life better.

Canada Labour CodePrivate Members' Business

November 6th, 2020 / 3:20 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I am very pleased to speak in favour of Bill C-220. The bill would extend compassionate care leave provisions beyond the death of a loved for a family member who had taken a leave to care for a loved one. It would provide a bit of time to grieve, to begin funeral preparations and to wrap up an estate, all of which we know are important and take time to do and are particularly difficult to do in the context of losing somebody very important.

I thank the member for Edmonton Riverbend for his work on this issue. I was heartened in our exchange earlier in the House to hear that, even though this bill does not directly propose amendments to the Employment Insurance Act to also extend the compassionate care benefit under employment insurance, the member is aware of this issue and is open to working with others in the House, and may have even begun some work with the government, to ensure this leave is not just available to those who can afford to take it unpaid. Perhaps the employment insurance system can be modified for those who qualify to ensure that people who really need some income support to take that extra time would be able to receive it.

That is really important, because it does not matter how much money we make, whether it is a lot of money or a bit of money; family is important to us all. It is really important to be able to care for our loved ones. It is important to be able to grieve for our loved ones. If we are going to be extending the time people can take away from work for that purpose and ensuring their jobs are protected, it is also important we extend the means that would support their income.

Often a very high amount of the caregiving work in families is disproportionately done by women in the family. We know women typically make less income than men. They are therefore more likely to avail themselves of the leave and are less likely to be able to afford it. That is why it is very important to make these changes to employment insurance along with the changes to the leave provisions.

I want to speak briefly to an issue. There is a procedural obstacle to changing employment insurance benefits in this bill: It is a private member's bill. As members of the House will know, which Canadians at home may not realize, a member needs what is called a royal recommendation to make legal changes that would cause more spending on the part of the government.

As I understand from the member for Edmonton Riverbend, this is the reason those changes were not presented in the bill, and this speaks to the importance of the government. It should be willing to show leadership on employment insurance reform.

I would be remiss if I did not take the opportunity to mention that beyond compassionate care leave and the compassionate care benefit, other important changes to employment insurance have been proposed by the House.

On February 19, a motion was passed in the House of Commons that called for changes to the sick leave provisions, which currently only offer 15 weeks of benefits for people who have to leave work because of illness. The House of Commons has said that it believes benefits should be extended from 15 weeks to 50 weeks. I have a private member's bill, Bill C-212, that would do exactly that.

Today a motion passed unanimously in the House reaffirming this decision of the House of Commons. The government voted against it when it was presented as a normal motion on February 19, but today it passed unanimously. It reaffirmed the decision of the House to call on the government to move the sick benefit from 15 weeks to 50 weeks.

Why do I say this? Because it goes to show that there are serious deficiencies in how our employment insurance system treats people who have to take time off work, whether it is because they are ill or they are caring for a loved one who has become ill. While I commend the member for Edmonton Riverbend for taking this on in a private member's bill, as I have done on the question of sick leave, there really is no substitute for the government showing leadership on this.

We have seen sweeping changes to the employment insurance system as a result of the pandemic. The government has known there is a lot of support in the House for these other changes to the employment insurance system. It is very reasonable for the government to believe, and to have believed when those changes were being contemplated, that if it wanted to change the compassionate care benefit, certainly in the case of the sickness benefit where the House has pronounced on the issue, it could have made those changes at the same time.

That is why we really need the government to step up to the plate to make sure our employment system has the backs of Canadians who, as I say, are either sick or are caring for a loved one. The NDP will certainly support initiatives to do that, like the one that is before the House today, but I would be remiss if I did not mention that it would be better for these proposals to be put together in a bill and presented by the government so that the issue of whether doing the right thing is going to cost a certain amount of money does not prevent those changes from being made.

If we saw the package come forward from the government, we would be able to do it the right way the first time and ensure that Canadians had access to all of the things they genuinely needed, including income support to avail themselves of these things. It should not become one set of benefits for people who are in a certain income category and can afford things without the income support of employment insurance, and another for everybody else who has to go back work to deal with the very things that the House is saying it believes Canadians should not have to deal with without support or extra time.

I wanted to put those remarks on the record because it is important to note that, while this is a great initiative that New Democrats are happy to support, along with efforts to make the necessary changes to the employment insurance system, there really is no substitute for a government that is committed to these things and is willing to move forward with a careful plan in a fulsome way.

Canada Labour CodePrivate Members' Business

November 6th, 2020 / 3:20 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I am pleased to rise today to speak in favour of Bill C-220, which has the potential to do a lot of good for Canadians who have just lost a loved one and who had been making use of the compassionate care leave that is already available to them under the Canada Labour Code.

Unfortunately, the leave provision has a pretty rough edge, as people are expected to return to work immediately following the death of a loved one, or the next week. This means that in cases where a loved one passes away on a Thursday or Friday, they have to report back to work immediately on the Monday. Of course, we know it is important—

Canada Labour CodePrivate Members' Business

November 6th, 2020 / 3 p.m.
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Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Mr. Speaker, it is an honour for me to rise in the House today to take part in the debate on Bill C-220.

However, before I begin, as we are in Veterans' Week and today is red Friday, I would like to take a moment to thank those who have served, those who are still serving, and the parents and family members of military across the country for their service. I also want to say how, as a military mother, I was disappointed this morning to read about Whole Foods. I hope it will do the right thing.

It is essential for us to talk about compassionate care, so I am happy that my colleague across the way brought this private member's bill forward. It is an important issue for Canadians, especially in these times when we can all use a little extra compassion.

Chances are that many of us will find ourselves in the position of caring for someone close to us at one point in our lives. It is a difficult and sometimes lonely journey. Caregivers deserve our greatest respect and gratitude. In 2018, approximately one in four Canadians aged 15 and older provided care to a family member or close friend with a long-term health condition, a physical or mental disability, or problems related to aging.

Unpaid caregiving provided by family and friends has become increasingly recognized as an important role in society. Reports by Statistics Canada have demonstrated that caregiving reduces the social costs associated with health services and institutionalization. In addition, those who are cared for have a much greater quality of life when they are able to remain at home.

My home province of Quebec has been devastated by COVID-19. I question whether we should be caring more for our family members, rather than institutions, so this is a very timely piece of legislation.

We understand the essential role of caregivers. We also understand the need to ensure that they have the support that they need. That said, let me begin by providing a brief overview of Bill C-220, first introduced by my hon. colleague on February 25, 2020.

The goal of Bill C-220 is to amend Part III of the Canada Labour Code to allow an employee using compassionate care leave to have more time off following the death of a loved one for whom they were caring.

The bill breaks down that extra time as follows: Employees would receive an additional three weeks of leave past the death if the employee has taken fewer than five weeks of leave, an additional two weeks of leave past the death if the employee has taken between five weeks and 19 weeks of paid leave, and an additional week of leave past the death if the employee has taken between 20 and 26 weeks of leave. An employee who has been away from work for a period of 27 weeks or more would not be provided with any additional weeks of leave.

The one question I have for the member for Edmonton Riverbend is why he did not include additional leave to employees who experience a sudden death of a family member. However, I am hopeful that when this piece of legislation gets to committee, that can be discussed as well.

I know I am talking a lot about numbers, but when taking care of a loved one, people are immersed in the day to day. When they lose that loved one, they do not have the time to grieve because they are in the business of death. They are filling out the papers. They are doing what they have to do. They are going through the motions. Having that extra time to grieve and not worry about going back to work when they are not ready is crucial.

It is our responsibility to address the difficult but real societal issues such as end-of-life care. Those things make us think of our loved ones and our own futures. While our government has taken many steps to set up a system that is just, compassionate and fair, I do believe we can do more.

We have made great progress in recent years to modernize the Canada Labour Code to ensure that it reflects the realities of today's workplaces and meets the needs of both employers and employees, now and into the future.

Last year, we implemented a comprehensive suite of significant amendments to the Canada Labour Code, including a new right for employees to request flexible work arrangements, additional leaves and other protections for employees following the death of a family member. We introduced amendments that give federally regulated workers the right to request flexible work arrangements such as flexible start and finish times and the ability to work from home.

Studies show that flexible start and finish times, the ability to take time off from work to deal with family obligations, and other types of flexible work arrangements can help employees find better work-life balance. By giving employees the flexibility to reduce the amount of time they spend at work, we are helping to ensure that those with intensive caregiving responsibilities have more time with their loved ones.

Recent amendments to the Canada Labour Code also include improvements to bereavement leave and additional leaves that could also be used by caregivers. Bereavement leave has been increased from three days to five days, but that is not enough. We have also provided for greater flexibility, so that the leave may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that immediate family member occurs.

Employees are now entitled to five days of personal leave per year, including three paid days if they have worked for three consecutive months. Employees may take this leave for a number of reasons, including to carry out responsibilities related to the health or care of any of their family members or to address an urgent situation, such as the death of a family member.

In addition, the eligibility for the medical leave was improved so that every employee who was unable to work due to health reasons, including psychological trauma or stress resulting from the death of a family member, could now take up to 17 weeks of unpaid leave. We also eliminated the length of service requirements to be eligible for the leave related to critical illness, which provides employees with up to 37 weeks of job-protected leave to provide care or support to a critically ill child and up to 17 weeks of leave to provide care or support to a critically ill adult.

While these new and improved leave provisions and flexible work arrangements came into force on September 1, 2019, COVID has also taught us more.

Since the beginning of the COVID-19 pandemic, the Government of Canada has put Canadians first, providing the support they need to continue to make ends meet, while staying safe and healthy. Earlier this month we passed Bill C-4, the COVID-19 Response Measures Act, to create new benefits. Together with temporary measures to help Canadians access employment insurance benefits more easily, these recovery benefits will help workers affected by COVID-19 and requiring income support.

To ensure federally regulated employees have access to job-protected leave, the Government of Canada amended the Canada Labour Code so these employees can access the Canada recovery sickness benefit and the Canada recovery caregiver benefit.

These are temporary measures to help Canadians overcome the many challenges they are facing as a result of the COVID-19 pandemic.

However, we have changed. We are not where we were a year ago. The member opposite talked about not being able to see his grandma, and having to make that choice. Yes, while there may be a few days of leave available, if someone does not have the financial means to take that leave, then she or he is making that decision, and those are decisions we all regret.

This month, it will be two years since my mom died suddenly, and most of the House knows that I did not get to say good bye. I wish I did, but after, we have a chance to help people get through it. I had the luxury of being able to take some time off to plan my mother's funeral, but not everybody does. Therefore, I want the member to know that I hope his bill passes and goes to committee, because this is the right thing to do.

Canada Labour CodePrivate Members' Business

November 6th, 2020 / 2:45 p.m.
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Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

moved that Bill C-220, An Act to amend the Canada Labour Code (compassionate care leave), be read the second time and referred to a committee.

Mr. Speaker, I am honoured to rise here today to discuss my private member's bill, Bill C-220, an act to amend the Canada Labour Code (compassionate care leave). It builds on my work in the Alberta Legislature and I am thrilled to be able to share this bill with my colleagues here.

The bill proposes to extend compassionate care leave by up to three weeks after the death of a loved one. Given everything that has happened over the last several months, I think we can all agree that compassionate care leave is as important as ever for Canadian families.

I would like to pause for a minute and thank the Minister of Labour, her staff and the member for Mount Royal for their advice and guidance during this process. The bill continues from their work established during the expansion of bereavement leave.

Compassionate care leave is a job-protected leave that allows an employee to take time off to care for a family member with a serious medical condition with a significant risk of death within 26 weeks from the date a medical certificate is issued or when leave is granted. The leave is available to full-time employees of federally regulated workplaces. Currently, employees who have at least 600 insurable hours during a 52-week qualifying period can seek leave for a maximum of 28 weeks during the year.

Benefits are provided for a maximum of 28 weeks, with one to two weeks of unpaid leave serving as a qualifying period. The employee receives EI benefits of up to $573 a week, or 55% of their weekly earnings. This time is vital for many families. When a loved one receives a potentially terminal diagnosis, it is stressful to figure out the logistics of who will provide their care.

Often many people do not think that they can take time off to care for their spouses or parents because they simply cannot afford it. Having compassionate care leave allows families to focus on caregiving while still receiving a portion of their salary. Getting to be with a family member in their final days is incredibly important and meaningful. Compassionate care leave has been the saving grace for thousands of families around the country.

What happens after a compassionate caregiver's loved one passes away? Right now the leave ends immediately and the employee is expected to be back at work within days of their loved one's death. This leaves little time to plan a funeral, get affairs in order and, most importantly, grieve.

Returning to work within days of a loved one's death is the least compassionate part of the compassionate care leave program. All of us in the chamber can agree that it takes more than just one day to process a death and get back into the headspace of work.

Bill C-220 proposes to extend job-protected compassionate care leave beyond the death of a loved one. The extension can be up to three weeks depending on how much compassionate care leave the employee has taken. Employees who have taken close to the maximum leave time would get one additional week beyond the death of their loved one. Employees who have taken between four and 20 weeks of leave would get an additional two weeks of leave past the death of their loved one, and employees who have taken fewer than four weeks of leave would receive an additional three weeks of leave beyond the death of their loved one.

I decided to structure the bill in this way because someone who has already taken most of their time allowed under the compassionate care leave program will likely already have made end-of-life arrangements compared with someone who has been on leave for less than a month.

While I worked on the bill, I wanted to be as fair as possible to employees while also being fair to employers. If the bill is passed, more than 18,000 federally regulated employers will be impacted by the changes. These employers are in a variety of sectors including air transportation, banks, Crown corporations like Canada Post, radio and television broadcasting, railways, telecommunications and businesses that are vital or essential to the operation of a federally regulated workplace.

We understand that employees are vital to the success of these corporations and businesses, and I think we can all agree that having employees return to work in a clearer state of mind after taking additional compassionate care leave is better than returning to work before they are ready.

About 11,000 Canadians used the compassionate care leave program in 2018. This was an uptick in usage after the amount of time allowed was extended two years prior. The average duration of compassionate care leave is between 4.8 and 12 weeks. The number of people using the program is expected to rise in coming years as our population ages and more Canadians find themselves in a caregiving role.

There is support for extending the length of leave. The Quality End-of-Life Coalition of Canada recently submitted its pre-budget consultation brief to the government, and among its list of recommendations was that the compassionate care benefit should be extended to include a two-week period for grief and bereavement. This coalition is made up of 34 national stakeholder organizations dedicated to improving end-of-life care for Canadians.

In its submission it wrote:

Family members, potential recipients of the Compassionate Care Benefit, may need support as they grieve the loss of a loved one and try to manage numerous strains and stresses....

By adjusting the Compassionate Care Benefit, more Canadians will have access to the time necessary to heal, minimize economic hardships and take care of some of the more practical business following a loved one’s death.

At the beginning of this speech I mentioned how the past few months, as our country and the entire world has dealt with COVID—19, have demonstrated how important a compassionate care leave program is. The virus has given us perspective on the value of spending more time with family and friends. We have all heard the news reports about family members who could not see their love ones in hospitals or nursing homes before they died. This is heartbreaking and I am sorry that any family members have found themselves in that situation. There is a huge importance to being with a loved one in their final days and compassionate care leave facilitates that. It allows families to be together and even for the terminally-ill person to die at home in some cases. This program has vital importance to our society.

If members do not mind, I would like to share a personal story about why compassionate care leave is important.

When I was starting out in my career, my grandma became very ill. At that point, I was young and in my twenties, competing with several others for a full-time job. I wanted to spend as much time as I could with my grandma, but I also worried about what would happen to my job if I did. Would I be fired? Would I be passed over for an opportunity? I decided to stay at work. That is a decision I regret to this day. My grandmother, Jeanne Babcock, passed away a few weeks later. At that time, there was no compassionate care leave program in Alberta. Employees in the same situation as me had no choice but to keep working or take unpaid time off, which could also impact their jobs.

After I was elected to Alberta's Legislative Assembly in 2012, I began to work on introducing a compassionate care leave program in the province. All other Canadian provinces had such a program at that point in time. For two years I worked on my private member's bill. I talked with researchers and families who all spoke about the importance of having such leave, as people are in their greatest time of need in their last few weeks of life. Being able to be with a loved one during that time to help them in any way they need and to say the proper goodbyes is a treasured gift for many families. I am pleased to say my bill passed and Alberta became the final province to introduce job-protected compassionate care leave in early 2014.

Six years later, I stood in this chamber to introduce Bill C-220 and build on this vitally important program. I did this because I saw a gap in the leave program. Many stakeholders and families told me how they were grateful to spend the final days with their loved one, but that the days following the death of their loved one felt rushed and stressful. Many had to return back to work before their affairs were in order, before they had time to fully process the death and start the grieving process. From these stories I saw an opportunity to make the compassionate care leave program even better and to help more families going through such difficult situations. Allowing additional time off following a loved one's death was something I felt could strengthen the program and greatly help caregivers who are grieving.

I hope my colleagues can agree with me that such an extension is important. This program has the support of all parties. In fact, the Conservative government pledged to extend the compassionate care leave program from six weeks to 26 weeks. The current government followed through on that commitment to extend the compassionate care leave program in early 2016. At the time, the government said it was also working on plans to extend the program so that more Canadians could take advantage of it. I hope my colleagues can see that Bill C-220 presents just that opportunity.

Some of my colleagues may ask why such an extension is necessary. After all, we have bereavement leave and 10 days of unpaid personal time off work. An employee currently taking compassionate care leave could use those options if they wanted extra time off. However, these options may not be realistic for some families. An employee is only allowed three days of paid bereavement leave after a family member dies. The remaining two days are unpaid. The 10-day personal time off is also unpaid. Not only is it unpaid, but it leaves no flexibility for employees if a different personal emergency comes up later in the year.

As I mentioned before, the average length of compassionate care leave is between 4.8 weeks and 12 weeks, so the majority of people who take the leave would be able to receive the extension proposed in my bill without exceeding the 26-week threshold. This would allow them to continue to receive EI benefits of compassionate care beyond the death of their loved one.

Using unpaid bereavement or unpaid sick leave after a love one's death is not feasible for many people. They just cannot afford such a loss in income. Most people cannot go two weeks without a paycheque, and that is why extending the compassionate care leave benefit is superior to using personal time and bereavement time.

With my bill, more Canadians would be able to have that extended time off. I am willing to continue to work with the minister and my colleagues to get this right for Canadians.

I have no doubt that all of us in the House have experienced the loss of a family member. It is devastating, and it takes time to recover from such a loss. We are fortunate to have a great program like compassionate care leave in Canada to help employees spend time with their loved ones in the final days. It is a great gift for many family members, who would not otherwise have the financial means to take time off work to become a full-time caregivers.

My bill aims to fix a gap that has become apparent, and that is the need of some additional time off following a loved one's death. This would allow employees who are taking compassionate care leave to make funeral arrangements, get affairs in order and start the grieving process before returning back to work. To have employees returning to work with a clearer state of mind is beneficial to employers in the long run, rather than rushing them back to work before they are ready.

As our population ages, we will have more family members stepping into caregiving roles and taking job-protected compassionate care leave. We need to ensure that the leave provides sufficient time for these caregiving employees and their families.

We all know the importance of family, and the last few months of chaos and uncertainty have cemented this importance. Upholding compassionate care leave and ensuring that the program has enough supports for employees who use the program is vital. One way to provide more support is by extending compassionate care leave by up to an additional three weeks to allow caregiving employees more time to grieve and settle affairs.

I hope that I have the support of my colleagues in the House. I look forward to working together so that we can make smart changes to this program to better help more families.

I am thankful for being allowed the time to speak on Bill C-220, an act to amend the Canada Labour Code, compassionate care leave. It is truly such an honour to introduce this bill.

October 21st, 2020 / 4:50 p.m.
See context

Liberal

The Chair Liberal Ginette Petitpas Taylor

No. Thank you so much for that. That's great.

Perhaps now we can proceed through each item. To be efficient with our time, we could maybe just go through them item by item, and if there are no questions or comments, we can dispose of them fairly quickly. We'll be able to address the ones for which there is debate.

Does that sound appropriate to everyone?

We'll start off, then, with Bill C-210. Does anyone have any issues or comments about that one? No.

Next is Bill C-238.

I see there are no comments, so we'll move right along to Bill C-224. Good.

Next is Bill C-215. No comments.

Next is Bill C-204, and now Bill C-229.

I'm not going to jinx it, but we're on a roll.

Now we have Bill C-218 and a motion, M-34.

Next we have Bill C-214, Bill C-220, Bill C-221, Bill C-222 and Bill C-213.

I love working with women.

Next is Bill C-223, followed by M-35.

Now we have Bill C-206, Bill C-216, Bill C-208, Bill C-205, Bill C-237, Bill C-225, Bill C-228, Bill C-236, Bill C-230 and Bill C-232.

Canada Labour CodeRoutine Proceedings

February 25th, 2020 / 10:10 a.m.
See context

Conservative

Matt Jeneroux Conservative Edmonton Riverbend, AB

moved for leave to introduce Bill C-220, An Act to amend the Canada Labour Code (compassionate care leave).

Mr. Speaker, almost seven years ago to the day I stood in the Alberta legislature to begin a journey to change compassionate care leave in this country. This legislation successfully passed, allowing thousands of Alberta caregivers to take time off work to care for their gravely ill loved ones.

Today, I am rising in this chamber to introduce my bill, an act to amend the Canada Labour Code (compassionate care leave). This legislation, if passed, would allow caregivers using the compassionate care leave program to take additional time off work following the death of their loved one. Currently, this leave ends immediately following a loved one's death, not leaving enough time for the caregiver to make the practical necessities like funeral arrangements and estate planning and to have the time to grieve. My bill would extend compassionate care leave so that caregivers can take up to three extra weeks off work following their loved one's death.

This is job-protected leave, so caregivers would not have to worry about losing their employment during this time.

Caregiving is exhausting work. I hope members on all sides of the House will see the need for this amendment to the Canada Labour Code and support the continued progress of compassionate care leave in our country.

(Motions deemed adopted, bill read the first time and printed)