Bill C-215

An Act to amend the Employment Insurance Act (illness, injury or quarantine)

This enactment amends the Employment Insurance Act to increase from 15 to 52 the maximum number of weeks for which benefits may be paid because of illness, injury or quarantine.

Employment Insurance Act

[Irek Kusmierczyk, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, I want to thank the hon. colleague for his story and for his words. I am thankful for the opportunity to speak to this proposed amendment.

Our employment insurance program is there to support Canadians when they are unable to work or unable to find work. Over the past several decades, governments have amended the EI Act to adapt to Canada's changing employment environment. In that same tradition, the bill we are debating today seeks to change an existing program to address evolving circumstances. However, we need to ensure that any amendments to the EI Act are considered in the full context of the new reality. Please allow me to outline some of the reasons that the Minister of Employment, Workforce Development and Disability Inclusion opposes Bill C-215.

Parliament has already approved an extension of EI sickness benefits from 15 to 26 weeks. We are working hard to implement the extension this summer to better support Canadian workers. In contrast, an extension of EI sickness benefits from 15 to 52 weeks, as proposed in this bill, would incur an estimated incremental cost of over $2 billion per year, which is $1 billion more per year than the extension to 26 weeks. It could impact labour-market attachment and participation by providing additional income support to many workers who are not expected to return to work, and could result in a drop in employer-provided sickness benefit coverage, leading to more claims against the EI program.

Sickness benefits within the EI program are a short-term income replacement for temporary work absences due to illness, injury or a quarantine. When Canadians are facing illness or injury, they deserve to feel confident that the EI program is financially supporting them and protecting their jobs as they recover. Unfortunately, we recognize that some workers use the maximum number of weeks of EI sickness benefits available to them before they are healthy enough to return to work.

A worker who needs more time to recover from an illness should not have the added burden of coping with financial stress, which is why in budget 2021 our government pledged to extend EI sickness benefits from 15 to 26 weeks. The permanent extension of the EI sickness benefits, expected to be in effect by the end of this summer, will provide Canadians with additional time and flexibility to recover and return to work. Other supports are available to workers who may be eligible for longer-term illness and disability, including the Canada pension plan disability benefit, benefits offered through private and employer insurance, and financial supports provided by the provinces and territories.

The current 15 weeks of temporary income support available under EI sickness benefits provide an amount equal to 55% of the worker's average weekly insurable earnings. In 2022, this maximum weekly amount is $638. In 2019-20, on average, workers used approximately 10 weeks of EI sickness benefits. However, just over one-third of workers used the full 15 weeks of sickness benefits available. That told us there was a need to extend the number of weeks available to provide more time to recover for those suffering from longer-term illness. That is why we have committed to increasing the maximum number of weeks from 15 to 26 weeks. We think this strikes a good balance.

The increased number of benefit weeks is a positive change to the EI program, but the government has a much bigger picture developing that must also be addressed. When the COVID pandemic struck, it quickly exposed inadequacies in the EI program. It taught us that EI has not kept up with the way Canadians work, nor has it kept up with emerging trends in labour markets. The gradual and continued emergence of gig workers and self-employed Canadians in recent years is perhaps the best example. The CERB and the Canada recovery benefit helped many of those 2.9 million people keep food on the table and a roof over their heads. It is clear that the EI program was unable to adequately respond to a major crisis like the COVID pandemic, hence the necessity for the government to introduce a series of emergency benefits.

On the positive side, the government is grasping the unique opportunity to bring the employment insurance program into the modern era and to make it more inclusive. Indeed, it is a major component of the mandate letter for the Minister of Employment, Workforce Development and Disability Inclusion.

Last summer, the minister joined the Canada Employment Insurance Commission to launch the first phase of a two-year consultation on the future of the EI program. To reach as many Canadians as possible, the minister asked her department to launch a consultations portal, which included an online survey, where all interested Canadians could share their views. The survey was open from August 6 to November 19 last year and drew more than 1,900 responses. Approximately 60 written submissions came from a cross-section of labour, employer and other groups.

The minister personally attended many of the 10 national and 11 regional round tables to hear feedback on how the EI program could better serve Canadians. Input was received from more than 200 stakeholders across the country, including employer and employee organizations, unions, academics, self-employed and gig worker associations, parent and family associations, and health associations, just to name a few. The overarching goal is to bring forward a vision for a new and modern EI system that is simpler and more responsive to the needs of workers and employers.

The first round of the consultations focused on key priorities relating to improving access to EI, including how to address the temporary emergency measures that will expire this fall. We are also examining whether the EI system meets the evolving and diverse needs of Canadian families, like, for example, how to make maternity and parental benefits more flexible and inclusive for adoptive parents. There are differing views, obviously, but I know the minister has found a unanimous commitment on the part of both employer and employee representatives to develop a modern EI program that is resilient, accessible, adequate and financially sustainable. The government is planning a second phase of round-table consultations by the summer.

Aside from the information, advice and recommendations from the round tables and online consultations, there are several other reviews, evaluations and reports already available. In particular, there was some excellent work in 2021 by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, which included 20 recommendations on modernizing the EI program.

In conclusion, the EI program has been a crucial part of Canada’s social safety net since 1940. As I mentioned earlier, EI has become the most complex system within the Government of Canada. Reforming EI for the 21st century is essential, and the government is moving with pace to get it done and, more importantly, get it done well.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, I thank my colleague for her question. She is absolutely right.

I think every member of Parliament is in favour of this bill. All the parties have previously introduced similar bills, including the Liberal Party. The current Prime Minister voted in favour of such a bill during a previous Parliament. I think that all members in the House can do some soul-searching and move forward.

It is up to the Liberal government to allow the House to move forward with Bill C‑215. I would go so far as to say it is the wish of the entire House, because this bill will no doubt be supported by the majority.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

moved that Bill C-215, An Act to amend the Employment Insurance Act (illness, injury or quarantine), be read the second time and referred to a committee.

Madam Speaker, it is an honour for me to debate my private member's bill, namely Bill C‑215, which seeks to amend the number of weeks for employment insurance sickness benefits.

The bill proposes to increase from 15 to 52 weeks the period for which Canadians eligible for employment insurance sickness benefits are able to use extra weeks for their recovery or their convalescence with a minimum amount of financial security in case of serious illness, such as cancer and other illnesses that require long recovery periods.

This is not a new debate in the House. Every party has introduced similar bills over the past few Parliaments, which implies a certain unanimity among members. Since the devil is in the details, even with positive support in the House, we absolutely need the support of the Liberal government to obtain royal recommendation, since there is a financial implication to Bill C‑215.

The Parliamentary Budget Officer did a study in 2019 and March 2022 proving that this bill is affordable and the cost shared by Canadians and Canadian employers is reasonable. The study indicates that 151,000 Canadians a year need more than 15 weeks of sickness benefits for their convalescence. Should those 151,000 Canadians use all of their weeks, which would obviously not be the case, the cost would amount to $1.6 billion a year on average for the next five years. This cost could be lower than forecast because the average number of weeks required is approximately 38, according to the PBO costing note updated on March 29, 2022.

This debate is truly important for Canadians. Families in my riding have been calling on me for a long time to improve this situation. The lived experiences of Canadians across the country and what I have personally gone through with people very close and dear to me remind me of the harsh reality of the hard times and difficult challenges we have faced with sick family members, who were unable to take care of themselves or even work to pay their bills.

All too often, Canadians with long-term health issues find it very hard to make ends meet and to cover the additional costs resulting from their prolonged illness. These people enjoy an active social life and do not deserve to be left on their own or to lose their dignity.

All of us in the House have a duty to support those who are not covered by income protection insurance, a type of private insurance that is too costly for low-income earners. That is why Bill C‑215 is so important for Canadians. Its low cost affords some basic financial security in the event of a prolonged illness. We are talking about less than the cost of one coffee a month.

Solidarity and compassion are important to me, and I am hoping I can rally the support of all my colleagues here in the House because solidarity and compassion are important to them too. I have faith that, together, we can support the individuals and families who are affected every year when a loved one is diagnosed with a serious or even life-threatening illness. Once again, we have a collective responsibility to do something.

We cannot let life partners, parents, children and grandchildren think that, in Canada, we do not take care of each other and we do not support those who are suffering. Some stories are easier than others, but if we pass Bill C‑215, we can give Canadians some mental and financial peace of mind.

As members know, everyone here who is in good health is unbelievably lucky, and this good health is too often taken for granted. For many, cancer is life experience, but others are not lucky enough to recover quickly, especially if they have many other concerns on their plate. The medical aspect is just one part of living with cancer. Then there is life after treatment, which is a period of transition and adjustment that often brings much bigger challenges than the patient was originally expecting.

Given the scope of the challenge facing Canadians and the tremendous resilience they will show, we must absolutely support them through this experience, which involves precarious periods of great uncertainty.

Many people have to rethink every aspect of their lives, and that takes a lot of courage. Unless I am mistaken, Canadians can count on the opposition parties' firm commitment to supporting them now and on today's debate persuading the Liberal government to give them what they deserve, which is the right conditions for recovery while they await better financial support.

Here in Canada, we are lucky to have a health care system that delivers hospital care to sick people for free. However, there can be many out-of-pocket and unforeseen expenses. Travel to the treatment site is one example, along with parking, child care, nutritional supplements, vitamins and prescription drugs, as well as any equipment needed for recovery.

Employment insurance sickness benefits provide up to 15 weeks of financial support to individuals who cannot work for medical reasons. That means 55% of a person's pay up to $595 per week. To be eligible, individuals must obtain a medical certificate indicating that they cannot work for medical reasons. Medical reasons may include sickness, injury, quarantine or any other condition preventing them from working.

Insurable earnings include most types of employment income, such as wages, tips, bonuses and commissions. The Canada Revenue Agency determines what constitutes insurable earnings.

Some employers provide their own paid sick leave or short-term disability insurance plans. Before applying for employment insurance sickness benefits, individuals must check to see if their employer has a plan. If a medical condition is likely to be long-term or permanent, individuals may be eligible for other benefits, such as the Canada pension plan disability benefit or the Quebec pension plan disability benefit.

I would like to draw my colleagues' attention to a very important report on EI sickness benefit policies that was produced following a multi-stakeholder policy round table held on September 4, 2019. This 2019 round table brought together seven different stakeholders interested in Canada's sickness and disability benefit policies.

This initiative was organized by the Canadian Cancer Society, the Canadian Labour Congress, Cystic Fibrosis Canada, Diabetes Canada, the Heart and Stroke Foundation of Canada, the Multiple Sclerosis Society of Canada and Neurological Health Charities Canada.

The discussions followed an initial conversation at a similar forum in 2015, which provided an update on the state of health benefits in Canada. One notable difference between the 2019 round table and the 2015 forum is that the 2015 discussion took a more holistic view of the supports offered, whereas the 2019 session focused primarily on recommendations for health insurance benefits.

The report found that in any given year, six per cent of Canadian workers will suffer a personal health issue that will require them to adjust their work status, including being away from work for an extended period of time, changing from full-to-part time work, and leaving the labour market entirely; and pointed to the need for a comprehensive re-examination of the needs of working Canadians who are living with an illness or a disability. In particular, two conclusions were focused upon:

1. The call for improved coordination within government and between levels of government, including greater coordination of research;

2. The call to increase basic access to support coverage.

I would also like to draw my colleagues' attention to a very important point that was raised during the debate on former Bill C‑265. During that debate, a member said that there were many inconsistencies in program administration, the most obvious being that a caregiver is entitled to 26 weeks of benefits while a sick person is entitled to only 15 weeks.

Some might balk at the idea of providing 52 weeks, that it may be too much. I would just point out that no one has ever gotten rich from being sick, and especially not with 55% of their salary in the short and medium terms. When you battle cancer with a loved one, as I have, 15 or 26 weeks are not nearly enough. I do not need an expert to confirm that.

Some people have expressed concern over potential abuse or fraud by program recipients. As hon. members know, anything is possible. Still, to be eligible for employment insurance sickness benefits Canadians must fill out an application and provide a medical certificate from their doctor or health specialist.

I would therefore like to reassure these people by proposing certain initiatives. After second reading, during study of the bill in committee, we could rely on experts and health specialists to identify all the serious illnesses that are eligible for this extension of benefits to 52 weeks.

We could bring in employment insurance officials to explain the audits that are carefully done every year for the EI monitoring and assessment report.

To conclude, I will reiterate all the positive points of my Bill C-215. All parties and experts in the field agree that we must increase the number of weeks of EI sickness benefits from 15 to 50. This bill proposes to extend benefits to 52 weeks.

It is our duty as legislators to ensure that we have an adequate safety net for the most vulnerable. This measure affects 55% of the population, namely those who do not have group insurance and work primarily in the goods and services sector.

The EI program has rigorous monitoring and annual audit mechanisms to prevent mistakes, fraud and abuse. The medical certificate attests to the number of weeks required for the recovery of an applicant through the healing process.

This is a promise that was made by the Conservative Party of Canada during the 2021 election campaign. It is a measure that was voted on by members of our party and presented in the Conservative Party of Canada platform.

Employees who have a private health plan must use up their weeks of sick leave before applying for EI sickness benefits.

This measure is affordable and reasonable when we consider the cost to small and medium-sized businesses of private insurance plans offering the same benefits.

In July 2022, the Liberal government will extend the number of weeks of EI sickness benefits to 26, which means that the PBO's cost estimate will decrease considerably.

I hope to get the support of all my colleagues in the House for this noble cause, which will make it possible for those we love to take care of themselves and have the time they need to fully recover.

Employment Insurance Sickness Benefits

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, again this year, more than 151,000 Canadians will need more than 15 weeks of EI sickness benefits to recover from a serious illness such as cancer. We can do more to help them.

Bill C-215 would increase the maximum number of weeks of EI sickness benefits from 15 to 52 weeks for Canadians going through a difficult period in their lives.

I want to point out the courage, determination and resilience of those suffering from a serious illness. By passing Bill C-215, members of the House will be showing their support for these individuals and demonstrating that they have the wisdom to set aside partisanship and provide all Canadians with additional financial security.

I invite Canadians to follow the debate, which will start tomorrow, March 30.

Royal Recommendation for Bill C-215

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I am rising on this particular point of order in response to your February 28, 2022, statement respecting the need for a royal recommendation for Bill C-215, an act to amend the Employment Insurance Act, illness, injury or quarantine, sponsored by the member for Lévis—Lotbinière.

Without commenting on the merits of the bill, I suggest that the provision in the bill to extend sickness benefits to 52 weeks would seek to authorize a new and distinct charge on the consolidated revenue fund not authorized in statute. In instances when there is no existing statutory authority or an appropriation to cover the new and distinct charge, a royal recommendation is in fact required.

The provisions of the bill amending the Employment Insurance Act would increase the maximum number of weeks for employment insurance sickness benefits. This increase in the number of weeks of benefits is authorized, once passed, by royal recommendation attached to the bill. The royal recommendation not only fixes the maximum charge on the consolidated revenue fund, but also the objects, purposes, conditions and qualifications of provisions subject to the royal recommendation.

Speakers have consistently ruled that bills seeking to increase the length of a benefit, change the qualifications or alter the conditions for employment insurance benefits need to be accompanied by a royal recommendation.

Let me draw to the attention of members a few germane rulings on this matter.

On April 22, 2009, the Speaker ruled on Bill C-241, an Act to amend the Employment Insurance Act, removal of waiting period. The Speaker stated:

[T]he chair is of the opinion that the provisions of Bill C-241 would authorize a new and distinct charge on the public treasury. Since such spending is not covered by the terms of any existing appropriation, I will therefore decline to put the question on third reading of this bill in its present form...

On June 3, 2009, the Speaker ruled on Bill C-280, an Act to amend the Employment Insurance Act, qualification for and entitlement to benefits. In the ruling, the Deputy Speaker stated:

On March 23, 2007, in a ruling on Bill C-265... the Chair had concluded that:

“It is abundantly clear to the Chair that such changes to the employment insurance program... would have the effect of authorizing increased expenditures from the Consolidated Revenue Fund in a manner and for purposes not currently authorized.

Therefore, it appears to the Chair that those provisions of the bill which relate to increasing Employment Insurance benefits and easing the qualifications required to obtain them would require a royal recommendation.”

Having heard no new compelling argument to reach a conclusion that is different than the one concerning Bill C-265, I will decline to put the question on third reading of Bill C-280 in its present form unless a royal recommendation is received.

A more recent and directly relevant case is to be found in the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities' consideration of Bill C-24, an Act to amend the Employment Insurance Act, additional regular benefits, the Canada Recovery Benefits Act, restriction on eligibility, and another Act in response to COVID-19 on March 11, 2021. This bill sought, among other things, to increase the number of weeks of EI regular benefits available by up to 24 weeks to a maximum of 50 weeks for claims that were made between September 27, 2020, and September 25, 2021.

During the clause-by-clause consideration of the bill, the member for Elmwood—Transcona proposed an amendment that attempted to increase the number of weeks of payments to an employment insurance claimant in the case of prescribed illness, injury, or quarantine from 15 to 50 weeks, therefore allowing people to have access to these payments for longer than they can currently under the Employment Insurance Act.

In proposing the amendment, the chair of the committee ruled the amendment as inadmissible because it required a royal recommendation. The chair ruled:

Bill C-24 seeks to amend the Employment Insurance Act by increasing the number of weeks paid under part 1 of that act under certain circumstances.

This amendment attempts to increase the number of weeks of payments to a claimant, in the case of prescribed illness, injury or quarantine, from 15 to 50 weeks, therefore allowing people to have access to these payments for longer than they can currently under the Employment Insurance Act.

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

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

In the opinion of the chair, the amendment as proposed requires a royal recommendation since it imposes a new charge on the public treasury, and I therefore rule the amendment inadmissible.

A royal recommendation may only be obtained by a minister of the Crown on the advice of the Governor General. In the absence of a royal recommendation, Bill C-215 may proceed through the legislative process in the House up until the end of the debate at third reading. In cases in which the Speaker has ruled that the royal recommendation is required, and it has not been provided before the third reading vote, the Speaker refuses to put the question at third reading and orders the bill discharged from the Order Paper.

I submit that this is the case before you with respect to Bill C-215.

Precedents clearly suggest that a bill or motion that seeks to incur new and distinct expenditures from the consolidated revenue fund in a manner and for purposes not currently authorized require a royal recommendation.

Revocation of the Declaration of a Public Order Emergency

[The Speaker, Liberal, Anthony Rota]

The House will soon begin Private Members' Business for the first time in this Parliament. I would therefore like to make a brief statement to remind all members about the procedures governing Private Members' Business and the responsibilities of the Chair in the management of this process.

As members know, certain constitutional and procedural realities constrain the Speaker and members insofar as legislation is concerned. One such procedural point concerns whether or not a private member’s bill requires a royal recommendation. The Speaker has underscored this issue numerous times in past Parliaments.

As noted on page 835 of House of Commons Procedure and Practice, third edition:

Under the Canadian system of government, the Crown alone initiates all public expenditure and Parliament may authorize only spending which has been recommended by the Governor General. This prerogative, referred to as the “financial initiative of the Crown”, is the basis essential to the system of responsible government and is signified by way of the “royal recommendation”.

The requirement for a royal recommendation is grounded in section 54 of the Constitution Act, 1867. Its language echoes Standing Order 79(1), which reads:

This House shall not adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to the House by a message from the Governor General in the session in which such vote, resolution, address or bill is proposed.

As a result, any bill proposing to spend public funds for a new and distinct purpose, or effecting an appropriation of public funds, must be accompanied by a message from the Governor General approving the expenditure. This message, known formally as the royal recommendation, can only be transmitted to the House by a minister of the Crown.

A private member's bill that requires a royal recommendation may be introduced and considered right up until third reading on the assumption that a royal recommendation will be provided by a minister. However, if none is produced by the conclusion of the third reading stage, the Speaker may not put the question for passage at third reading.

Following the establishment or the replenishment of the order of precedence, the Chair has developed a practice of reviewing items so that the House can be alerted to bills that, at first glance, appear to infringe on the financial prerogative of the Crown. The aim of this practice is to allow members the opportunity to intervene in a timely fashion to present their views about the need for those bills to be accompanied or not by a royal recommendation.

The order of precedence having been established on February 9, 2022, I wish to inform the House of two bills which preoccupy the Chair. These are: Bill C-215, an act to amend the Employment Insurance Act (illness, injury or quarantine), standing in the name of the member for Lévis—Lotbinière; and Bill C-237, an act to amend the Federal-Provincial Fiscal Arrangements Act and the Canada Health Act, standing in the name of the member for Bécancour—Nicolet—Saurel.

I would encourage members who would like to make arguments regarding the requirement for a royal recommendation with respect to these bills, or with regard to any other bill now on the order of precedence, to do so at an early opportunity.

I thank all the members for their attention.

Employment Insurance Act

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

moved for leave to introduce Bill C-215, An Act to amend the Employment Insurance Act (illness, injury or quarantine).

Mr. Speaker, I am pleased to introduce, in both official languages, this employment insurance bill. Canadians confronting serious illness need more than 15 weeks of sickness benefits to recover before going back to work. This bill will support Canadians while they go through the recovery process and get better.

I know I can count on members to debate this bill wisely and constructively.

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