Bill C-228

Pension Protection Act

An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985

This enactment amends the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act to ensure that claims in respect of unfunded liabilities or solvency deficiencies of pension plans and claims relating to the cessation of an employer’s participation in group insurance plans are paid in priority in the event of bankruptcy proceedings.
It also amends the Pension Benefits Standards Act, 1985 to provide for the tabling of an annual report respecting the solvency of pension plans.

[Mark Schaan, Senior Assistant Deputy Minister, Strategy and Innovation Policy Sector, Department of Industry]

Thank you, Mr. Chair, for the opportunity to speak to this committee about Bill C‑228.

I will confine my remarks only to the insolvency law aspects of the bill. My colleagues from Finance Canada we speak to the provisions of the bill affecting federal pension legislation.

Let me start by describing what the bill would do.

Canada's insolvency laws provide two sets of options to financially distressed companies—liquidation, or bankruptcy; and restructuring. The superpriority in Bill C‑228 would affect both options. Liquidation occurs when the company can no longer continue as a going concern. It must be wound up and its assets sold to pay the company's creditors. In bankruptcy, pension claims would change from unsecured status to superpriority status, meaning that they would be paid ahead of most other creditors.

The second impact of the bill would be on restructurings. Our insolvency laws are designed to encourage companies that are financially distressed but fundamentally viable to try to avoid liquidation through court-supervised restructuring plans with creditors. Bill C‑228 would change the current balance by requiring that a restructuring plan provide for payment in full of unfunded pension liabilities to receive court approval.

This quick presentation completed, I should note a few general contextual elements for the committee. Given our years of practice in analyzing and working with the domestic and international insolvency and bankruptcy systems, it is worth stating at the outset that the Canadian Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act are carefully considered and calibrated regimes. Our fundamental aim in the system is to avoid liquidations and allow restructurings where possible, to ensure an orderly and fair system that prevents gaming or a race to the courthouse, and to incentivize behaviours that maximize the value of the corporation and its returns for all workers and creditors.

Large corporations, such as those most likely to have defined benefit pension plans or to avail themselves of the Companies' Creditors Arrangement Act, are complicated entities with a number of competing interests. Shifts in one aspect of the regime will have implications and considerations for other aspects.

I will seek to highlight some of these areas of consideration for the committee, given the shifts that this bill would introduce.

It is also worth noting that this is an area to which we have dedicated considerable time and effort. In particular, I would note for the committee the important work proposed and implemented in the retirement security project, which saw changes to insolvency, corporate governance and federal pension laws with an eye towards the protection of pensioners and workers.

With that, I would begin by bringing some potential drafting issues to the committee's attention.

First, the committee should be aware that the bill uses terminology from federal pension law that may or may not be relevant to the various provincial pensions laws. The bill also does not distinguish between different types of pension plans with different employer funding obligations. My Finance colleagues would be happy to answer questions on these issues.

Second, I wanted to note that the five-year transition period, as drafted, is tied to a calendar date, to five years after coming into force. Insolvency law transition clauses are typically drafted to only affect proceedings that start after they come into force, to ensure that the rules do not change in the middle of an ongoing insolvency proceeding. Under Bill C‑228, a restructuring proceeding could start four years after coming into force, but the new superpriority could come into force a year later, changing the rules midstream and potentially reducing the chances of a successful restructuring.

I will now turn to a number of more substantive considerations the committee may want to investigate during its study of Bill C‑228.

First, the committee may want to look at the differential impact the bill could have on pensioners under different scenarios.

When the bankrupt assets are sufficient to cover unfunded pension liabilities, for instance, the bill may increase the amount that pensions could receive in a liquidation because they would be placed ahead of other creditors. When the bankrupt employer's assets are insufficient to cover the liability, which can be very large, it may be that losses could be locked in for pensioners without any prospect for further recovery given the impacts that the bill may have on restructurings or other possible futures of the plan.

Second, the committee may want to look into how the bill would change restructuring dynamics when a defined benefit pension plan is involved. We are all familiar with examples of insolvencies that resulted in pensioners not receiving their full benefits. On the other hand, there are also many examples of restructurings under current law where the pension plan was successfully preserved, along with the employer and ongoing jobs, such as Air Canada, Stelco and AbitibiBowater.

New superpriorities could, for example, shift the behaviour of players in the insolvency systems. With a new possibility that a secured creditor may be at risk of not receiving full payment given a pension deficit, that creditor may have a strong incentive to choose to race to the bank to call their loan, or similarly take steps to maximize their return in advance of an insolvency. It is possible that a change in the incentives in restructuring could trigger more insolvencies and even minimize the outcomes for pensioners when insolvency is triggered. The committee may want to speak to the creditor community to assess their views about the impact of this bill.

Similarly, the committee may want to consider the impact the bill could have on the availability of interim financing—that is, the special insolvency loans that insolvent companies must acquire to cover the restructuring costs.

[The Chair, Liberal, Peter Fonseca]

Oh, you're right on. You have three seconds, so you're right on time, MP Dzerowicz. You have a good internal clock.

Thank you very much, MP Gladu, for answering all those questions and for your private member's bill, Bill C-228. Thank you for your testimony.

We are going to suspend at this time as we bring in our second panel.

We just want to thank MP Gladu for all of her hard work.

Thank you.

[The Chair, Liberal, Peter Fonseca]

Thank you, MP Blaikie and MP Gladu.

A lot of work has been put in to get us to this point with Bill C-228.

We are going to move to our second round. We have time only for this round, for questions for MP Gladu. I thought we'd get into a third round.

I will take this opportunity to congratulate and welcome MP Hallan and MP Morantz. Of course, MP Chambers, you're a staple here. To MP Lawrence, I have already said it.

In our second round, we'll start with the Conservatives. We have MP Chambers up for five minutes.

[Marilène Gill, Bloc, Manicouagan, QC]

Thank you.

I'd like to thank Ms. Gladu for introducing Bill C‑228. Mr. Ste-Marie brought up the cross-party effort to discuss and amend the bill in a very collegial manner. I think that's a wonderful way to do things.

I will tell you the history of the bill. Ms. Gladu is aware that this bill came from the people. I, for one, can say that my constituents have been asking for a bill like this. Someone mentioned the last session of Parliament, but people have been talking about reforming these three laws for over 20 years. So this is nothing new. The NDP has also introduced several bills—I've introduced three myself. This session, because of the elections, we're talking to the same witnesses again. For example, Canada's Association for the Fifty-Plus, or CARP, supported my bill. CARP supported the bill that we almost had at second reading in June 2021.

Today, I'm hearing the entire committee, and I hope that our study can move forward quickly. I'm not saying that we'll cut corners, but we've already heard testimony on the subject. I would urge my colleagues to read the history of the bill so that we can finally get it passed. It's not perfect, but show me a perfect bill.

I'd like to see insurance included, for example. This bill is a potential solution for all Canadians hoping to recover the part of their salary that's due to them. We need to call it salary; we say pension fund, but this is a deferred salary, it belongs to Canadians. Workers decided to temporarily part with some of their salary to have a decent pension fund. They were promised something, and they should get it.

I don't have much time left, so I'd like to turn the floor over to my colleague Ms. Gladu.

What does she think could be improved? I feel she's very generous, and she was all ears when I was talking about insurance. Insurance was included in the bill I put forward because older people often need medication. What does she think about that?

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Thank you, Mr. Chair. I'd like to inform you that I'll be sharing my time with my colleague Mrs. Gill. We will have three minutes each to make it as fair as possible.

Good afternoon, everyone.

I'd like to welcome the newcomers from the Conservative Party to this committee.

Mr. Hallan, my colleague Mr. Brunelle-Duceppe, who sat on the Standing Committee on Citizenship and Immigration with you, has nothing but good things to say about you. It will be a pleasure to have your input on our committee.

I want to welcome you back, Mr. Morantz. Thank you for the tremendous work you've done on this committee. We're very fortunate to have you back.

Ms. Gladu, thank you for being here and for introducing Bill C‑228.

In Quebec, we often say that it's important to work transparently when all parties come together for the common good.

Ms. Gladu, your bill and the way you do things are a testament to the transparent approach. I hope this bill will bring real change for people across the country.

In your remarks, you mentioned a neighbour who worked at Sears and lost her pension when the company went bankrupt.

If your bill had been in force at that time, how would things have gone differently for your neighbour?

[The Chair, Liberal, Peter Fonseca]

Thank you, MP Gladu, for your opening remarks and for taking us through how we got to this point on Bill C-228.

We're going to start with our first round. In our first round—you would know this—we will go through each party. Each party will have up to six minutes to ask questions.

We are starting with the Conservatives. I have MP Lawrence up first, for six minutes.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Thank you, Mr. Chair.

I'd also like to thank all the committee members.

I'm happy to be here today to tell you about my bill on workers' pensions.

Over the last 10 years, there have been numerous efforts in the Senate and in almost all parties in the House to find a way to protect the pensions of those workers who have worked their whole lives when, unfortunately, at the end of their careers, a company goes bankrupt and they don't get, in some cases, very many pennies on the dollar, or sometimes get no severance.

I looked at all the previous bills that had been brought forward. I looked to the parts that people could agree on, cherry-picked all those parts and put them together in Bill C-228. Then I added what I thought were my own brilliant ideas; we'll talk about whether they are or not.

That's where this came from. We know the history of all the companies—Eaton's, Sears, Nortel, Indalex, Grant Forest Products and so many more—that have gone bankrupt. Basically, a number of things were brought forward in the House. I see that my colleague Marilène Gill is here at committee today. She had a bill in the last Parliament that talked about making sure that pensions were paid out in priority, before large creditors. That went to the INDU committee and was very thoroughly studied, with a lot of witnesses. We were in a position where, with some minor changes, that thing would pass, but an election was called. I'm glad to be able to incorporate her great ideas into this.

There was a bill from Erin O'Toole. One of the good features in that bill was the tabling of a report on the solvency of funds to the House of Commons every year. This is not additional work. Currently there is a report that is done on the solvency of federally regulated funds, but it goes to the superintendent of finance. It's not clear what, if anything, is actually done to remediate these situations.

My bill will require the tabling of this in the House every year for greater transparency so that we can see where the troubled funds are. Then it adds a mechanism to be able to transfer money into the pension fund, without tax implication, to fix the problem. We want to prevent any of these situations from happening.

Then, in the case of bankruptcy, we would adopt a priority. The Bankruptcy and Insolvency Act is this document here. It's quite thick. For your benefit, I have provided a table prepared by the Library of Parliament that clearly shows the priority of where we're recommending pensions go: It's after the Canada and Quebec pension plans; all taxes that are payable; the employment insurance; suppliers' goods that were delivered shortly before the bankruptcy, and the same for agricultural products; unpaid salaries and allowances to $2,000 maximum; other salary contributions and the contribution to the pension plan; and costs incurred by a government to decontaminate land included in the bankrupt's assets. At that point, we would put in the pensions. After that would be secured claims, preferred claims and unsecured claims.

In terms of the feedback received from stakeholders, let's talk first about one of my brilliant ideas. I thought we should also add a mechanism so that if there was an insolvent pension fund, you could have third party insurance cover the insolvent portion. That might be helpful. Unfortunately, nobody liked this idea. Apparently, there's already a mechanism in place that allows people to transfer the risk to a third party, which is really the intent of that mechanism. So I would propose that we get rid of that part by striking clause 6.

Second, there was a drafting error. We tried to take out the part of the bill from Erin O'Toole that changed the type of pension. We feel that it's like a contract between the employer and the employee when they first start, and it's not right to change the deal at the end, after they have worked their whole lives. In order to get rid of proposed subsections 29(8.1) and 29(8.2), I am suggesting that we say no to clause 7.

There was another provision that had been recommended when this bill last went to INDU. There was a concern from the banking community that perhaps the mechanism would need to be changed so that the coming into force of some of the provisions, like the priority, should be delayed from the beginning. I'm suggesting a change from five years to three years. There's a proposal to perhaps add severance. I'm open to that discussion.

With that, I look forward to your questions and I look forward to your support of this bill.

[The Chair, Liberal, Peter Fonseca]

I call this meeting to order.

Welcome to meeting number 61 of the House of Commons Standing Committee on Finance. Pursuant to the House order of reference adopted on Wednesday, June 22, 2022, the committee is meeting to discuss Bill C-228, an act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and the Pension Benefits Standards Act, 1985.

Today's meeting is taking place in a hybrid format, pursuant to the House order of June 23, 2022. Members are attending in person in the room and remotely using the Zoom application.

I would like to make a few comments for the benefit of witnesses and members. Please wait until I recognize you by name before speaking. For those participating by video conference, click on the microphone icon to activate your mike. Please mute yourself when you are not speaking. There is interpretation for those on Zoom. You have the choice, at the bottom of your screen, of floor, English or French. For those in the room, you can use the earpiece and select the desired channel.

I remind everyone that all comments should be addressed through the chair. For members in the room, if you wish to speak, please raise your hand. For members on Zoom, please use the “raise hand” function. The clerk and I will manage the speaking order as well as we can. We appreciate your patience and understanding in this regard.

I would now like to welcome, for our first panel, our witness, who is before us, the author of Bill C-228, MP Marilyn Gladu.

Welcome, MP Gladu, to our committee.

The House resumed from June 15 consideration of the motion that Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985, be read the second time and referred to a committee.

An Act to Change the Name of the Electoral District of Châteauguay—Lacolle

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, the member behind me says that the centre of Canada is Provencher. I can be certain that it is not, because I think that from Provencher someone could spit and hit the American border. Given the fact that my riding, Peace River—Westlock, is in northern Alberta and the centre of Alberta is a seven-hour drive from the American border, I can assure colleagues that the geographical centre of Canada is definitely not in Provencher.

That said, I have very much enjoyed speaking about the promised land, Peace River—Westlock, as I like to call it, but there are a host of other things that we could be discussing in this place as well.

The member for Edmonton West did speak about some of these things already, but I wanted to highlight some of the other private member's bills that have come forward from folks in our caucus, particularly Bill C-228, from the member for Sarnia—Lambton, which amends the Bankruptcy and Insolvency Act to ensure that folks are able to collect their pension funds over time. I want to reference Bill C-240, from the member for Charleswood—St. James—Assiniboia—Headingley, which amends the Income Tax Act to ensure that capital gains exemptions are granted to those whose estate goes to a charity. The member for Essex also has an amendment to the Income Tax Act to allow trades persons to deduct amounts for travelling.

That is some of the amazing work that our caucus is doing and I just wanted to highlight some of that.

Bankruptcy and Insolvency Act

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, it is very encouraging to hear all parties in the House agree that this bill needs to go to committee. Over the last 10 years, there have been multiple attempts by multiple parties to address the issue of pension protection in Canada. We have seen countless Canadians impacted: They have not received their severance or have received pennies on the dollar.

Bill C-228 would do three things. First, it would allow the annual report on the solvency of funds to be tabled here in the House so that it is a matter of public record and we know which funds are in trouble. Second, it would provide a mechanism to transfer money into those funds without tax implications to top them up and restore them to solvency. That is really where we want to be. Third, in the case of bankruptcy, the bill would make pensions a priority, after source deductions and taxes and suppliers take back their goods, but before large creditors and unsecured creditors. That is where we have put the priority for pensioners to receive their due.

I thank the member for Manicouagan and the member for Elmwood—Transcona for the many discussions we have had on things we need to do to the bill to try to address concerns. I also thank the members who have spoken tonight: the member for Kingston and the Islands, members from the Bloc, my colleague from Hastings—Lennox and Addington and even the member for Whitby, who presented a petition in the House on pension protection. This just shows that the time is right for us to work together and get this right at committee.

One thing we are going to be working on and talking about at committee is cleaning up some of the clauses. There were a number of bills and each one of them had something in it that everybody did not like. When we were cleaning up some of the things we did not like in the previous bill, Bill C-405, a couple of clauses got left behind, so we got rid of them.

The insurance idea is something people want to talk about at committee. Some people like that idea and some people do not. The NDP also correctly raised the point that pensions are not the only consideration; severance pay is too. It is something people have not received when companies are in bad shape. That should go in, with the same priority as pensions. I agree with that.

In trying to make sure that we do not get the unintended consequences that the member for Kingston and the Islands was talking about, one thing of concern is whether or not businesses can get adequate credit. We have allowed a different coming-into-force time. The reporting and topping up of funds would be immediate, but we would give a number of years before the priority part of this bill comes into force. That would allow businesses time to get their house in order, and I would argue that if they cannot get their act together, they are a greater financial risk, so they should pay the associated consequences for that.

I am happy to say that there is support in the Senate. If the bill makes it out of committee and goes to the other place, there is support from multiple parties in the Senate, from Senators Plett, Yussuff and Dalphond. There is also huge stakeholder support across the country. Letters have gone out everywhere from Mike Powell with the Canadian Federation of Pensioners, CARP and the number of other stakeholders that have come forward.

I am encouraged by what I have heard today. I know this is what Canadians want us to do. They want us to work together, have the discussions and work collaboratively. As the twice-named most collegial parliamentarian, it is my pleasure to work together across the aisles. This is important for seniors in our country and it is important for people who work their whole lives. We can do something great in this moment, so I encourage all members of the House to support Bill C-228 and send it to committee. Let us work together and get this done for Canadians.

[Nathalie Sinclair-Desgagné, Bloc, Terrebonne, QC]

Madam Speaker, I would like to begin by thanking my esteemed colleague, the member for Sarnia—Lambton, for introducing Bill C‑228 and for working across party lines throughout the process, working with all the opposition parties on a bill that matters very much to the Bloc Québécois.

I would also like to express my appreciation to my colleague from Manicouagan, who began working hard on Bill C‑228's precursor in 2015. She has really done some outstanding work.

We are here to talk about Bill C‑228, which amends the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act. The amendments would:

...ensure that claims in respect of unfunded liabilities or solvency deficiencies of pension plans and claims relating to the cessation of an employer’s participation in group insurance plans are paid in priority in the event of bankruptcy proceedings.

It also amends the Pension Benefits Standards Act, 1985 to provide that an employer may provide financial security in the form of insurance for any portion of the contributions that they are required to pay under subsections 9(1.‍1) and (1.‍2) of the Act....

Basically, this means that the enactment:

...to authorize the administrator of [a potentially] underfunded pension plan, in certain situations [including bankruptcy], to transfer or permit the transfer of any part of the assets or liabilities of the pension plan to another pension plan. The amendments also provide for the tabling of an annual report respecting the solvency of pension plans.

I would like to begin by providing a bit of context. My hon. colleague from Joliette touched on this.

One important factor in the history of all the bills on this issue is of course the bankruptcy of the American company Cliffs Natural Resources. The two Canadian subsidiaries operating its facilities, at Bloom Lake in Pointe-Noire and in Wabush, were placed under the protection of the Companies' Creditors Arrangement Act in 2015.

As a result, Cliffs Natural Resources announced plans to reorganize its operations with a view to closing down its operations in eastern Canada. This restructuring had serious repercussions for Cliffs' employees, as well as for its retired workers who lost much of their pension and group insurance.

During the 42th Parliament, that is from 2015 to 2019, my esteemed colleague, the member for Manicouagan, introduced Bill C‑372, a bill to protect workers' pension funds. Debated for just one hour, the bill, which was intended to prevent injustices like the injustice done to Cliffs workers, sought to ensure that this would not happen again and that other retirees would not lose the pensions they worked for all their lives. Unfortunately, the bill was never acted upon because the Liberal majority government at the time did not implement it.

Throughout the last Parliament, the Bloc Québécois worked very hard, particularly with the other opposition parties, to protect pension funds, but unfortunately that work did not bear fruit. To buy time, the government appointed the former minister of seniors to hold a consultation and, again, that led to absolutely nothing. Since then, we have also seen the bankruptcies of Sears and Groupe Capitales Médias.

With the economic turmoil caused by the pandemic, there is every reason to believe that there will be more bankruptcies and that workers must be protected to ensure that, in the event of a bankruptcy, they have access to a pension fund.

I would like to take this opportunity to quote a very important part of the press conference my esteemed colleague from Manicouagan gave, in collaboration with the esteemed member for Sarnia—Lambton: “A pension fund is deferred wages resulting from an agreement between workers and a company. When a company decides to breach that contract and pay off its debt by using that money, that is theft, plain and simple.”

While all the opposition parties have introduced a bill to protect workers' pensions, we have the opportunity, as parliamentarians, to move quickly through each stage of the legislative process to ensure that pension plans are protected as soon as possible. We have this opportunity because we are in a minority government. For once, the opposition parties can join forces, set partisanship aside, and get this bill passed to help these workers.

No one will be surprised to learn that the Bloc Québécois supports the principle of Bill C‑228. Currently, when an employer declares bankruptcy, what they owe the pension fund is considered an unsecured claim. Also, once secured creditors and preferred claims are paid, there is practically nothing left to replenish the undercapitalized pension funds. The result is that pensioners end up with reduced pensions, sometimes drastically so.

The overall objective of Bill C‑228 is quite similar, in that it is designed to better protect pension funds in the event of bankruptcy. When a company is being restructured in accordance with the Companies' Creditors Arrangement Act or when it is being liquidated in accordance with the Bankruptcy and Insolvency Act, Bill C‑228 would designate pension plans as preferred creditors, as was proposed in the Bloc Québécois bill that died on the Order Paper when the election was called before it reached report stage.

Bill C‑228 is, however, missing one of the provisions in the Bloc Québécois's bill, a provision that would have also designated group insurance plans as preferred creditors. We are prepared to accept this omission to ensure that this bill is passed. It does not provide the same level of protection for workers, although it is an improvement over what we have now.

Bill C-228 also contains amendments to the Pension Benefits Standards Act of 1985 that were not included in the Bloc Québécois bill. These changes only affect federally regulated businesses, such as telecommunications companies, banks and interprovincial or international transportation companies, or about 3% of Quebec's workforce. These changes provide some flexibility to the administrator of a pension fund. The bill allows an employer to purchase insurance to cover all or part of the pension fund's deficit. This provision harmonizes the federal legislation with the Ontario legislation, where there is an insurance fund for pensions. This is a good measure. Quebec should use it as an example.

When Capital Media went bankrupt, the retired workers from various local daily newspapers lost part of their pension, while those from Le Droit, based in Ottawa, managed to hang on to nearly all of theirs. Under this legislation, instead of emptying the pension fund upon bankruptcy, the administrator of the fund would be allowed to transfer it to another one. This measure does raise some questions. Does it salvage anything, or does it prevent the fund from being bailed out by the employer's assets? This would have to be examined.

Generally speaking, the bill is a step forward in protecting seniors. After all, a retired worker's pension is deferred wages, as my colleague fromManicouagan said. There is no reason why salary should be considered a priority claim, but not retirement.

Once and for all, we must put an end to this measure that is burdening Quebec workers and retirees. We must guarantee them the financial security they deserve. Once again, this bill draws heavily on former Bill C-253, which was introduced in the House.

We must lead by example. Workers' interests must come before partisanship. That is what we are doing today.

[Shelby Kramp-Neuman, Conservative, Hastings—Lennox and Addington, ON]

Madam Speaker, I am very happy to rise today to speak to this very important piece of legislation tabled by my colleague from Sarnia—Lambton.

Pension protection has been at the forefront of our legislature for what seems like years. Every Parliament has had various attempts to protect worker pensions from insolvency. They are tabled and it seems that every Parliament has this issue which we all agree is important, but it dies on the Order Paper.

Hopefully, Bill C-228, an act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985, will finally see our legislature take concrete action to protect Canadian workers and their hard-earned pensions.

Bill C-228 amends the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act to ensure that claims in respect of unfunded liabilities or its solvency deficiencies of a pension plan are accorded priority in the event of bankruptcy proceedings. It also provides that an employer has to maintain group insurance plans and provide benefits to, or in respect of, its employees or former employees.

This area has particular importance to me given my previous career as a financial adviser and current career as the official opposition's shadow minister for seniors. Workers spend their entire lives building something for them to enjoy during their golden years. Bill C-228 is a big step forward in securing those years for future generations.

This legislation builds off two previous pieces of legislation that were before the House: Bill C-405 in the 42nd Parliament and Bill C-253 in the 43rd Parliament.

Bill C-405, which was tabled by my hon. colleague from Durham, was unfortunately defeated at second reading. The logic from the government according to the now Minister of Justice, was that the “proposed changes reduce the flexibility of courts based on particular situations and facts. These current flexibilities help to achieve the best outcome for the company and the pensioners and they might conflict with important policy objectives.” The NDP felt that the legislation did not accurately protect pensions.

The following Parliament saw a little more progress on the file. The member for Manicouagan managed to garner enough support to send her attempt to committee despite opposition from the Liberals, who claimed:

[T]he employee group benefit claims would be weakened and that could ultimately weaken companies in their ability to restructure and affect that sense of competitiveness of firms with respect to defined benefit pension plans as well as group insurance benefit plans, which would not necessarily help pensioners and workers in all cases. It has the potential to threaten the existence of defined pension plans.

While the bill may not have been perfect, we on this side of the House were willing to put the financial security of Canadians ahead of any partisan differences and we pledged to send the bill to committee so that it could be improved. Over seven meetings and after consultations with dozens of witnesses and expert testimony, the bill was returned to Parliament amended and improved.

I bring up Bill C-253 because this legislation that we are speaking about here today is very much a spiritual successor to that earlier piece of legislation. The two pieces of legislation share a very large amount of the same text. What Bill C-228 does is build on the very good work that was done on the file in the last parliamentary sitting by amending the Pension Benefits Standards Act, 1985, to empower the Superintendent of Financial Institutions to determine that the funding of a pension plan is impaired or that the pension plan administrator is at risk and to set out measures to be taken by the employer in respect of the funding of the plan in such cases.

Michael Powell, president of the Canadian Federation of Pensioners, said:

We support Bill C-253 and the extension of superpriority to pension deficits. This is the simplest solution to meaningfully improve pension protection for Canadian seniors.

In our Canadian regulatory environment, the only single place to protect pensions is within insolvency regulations. This committee and Parliament face a decision between the status quo—which leaves seniors' future financial well-being at risk and perpetuates an unfair system designed to exclude seniors from protecting their own financial interests, an unfair system that has been proven to significantly harm older Canadians—and a new future that offers protection to vulnerable seniors.

Mr. Hassan Yussuff, former president of the Canadian Labour Congress, was also supportive, saying, “The CLC, of course, supports Bill C-253, and I want to thank the members who voted to advance this bill.”

Unfortunately, an election call meant the death knell for Bill C-253. While the bill itself is dead, the spirit of co-operation among all parties that followed Bill C-253 need not be.

During debate on Bill C-253, the legislation's previous iteration of Bill C-228, the former member for Hamilton Mountain called for support of the legislation, even though he had a similar piece of legislation tabled before the House, Bill C-259. Unless I missed my mark, that legislation has been reintroduced in this Parliament by the member for Elmwood—Transcona as Bill C-225. The former member for Hamilton Mountain said, “I feel strongly about the necessity of these protections put forward, so much that my bill, Bill C-259, contains equivalent measures to every article contained in this bill. I would like to let her and the House know that I am calling on all my NDP colleagues to support the bill at second reading and I hope to see it get to committee.”

I hope my honourable friend and his party will continue down the path of co-operation and multipartisanship that his predecessor did.

I mentioned earlier how I had a previous life as a financial adviser. I saw first-hand the complete destruction of livelihoods that tore through Hastings—Lennox and Addington when Nortel and Sears went belly up. The financial security of nearly 37,000 Canadians went up in smoke overnight.

These were terrible lessons that affected every single one of our ridings and lessons that we cannot continue to ignore. We, as a legislature, need to work toward protecting Canadian pensioners. We have before us a piece of legislation that has previously received support from the majority of parties in this House. It is a piece of legislation that, in fact, has been tabled by two separate parties. How often can we say that? It is a piece of legislation that has already gone through the scrutiny of a parliamentary committee and debate.

I would suggest to my colleagues in the House that we do the right thing, pass Bill C-228 into law and avoid the fate of so many other attempts to protect Canadian pensioners.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Madam Speaker, I am very pleased to be speaking to Bill C-228, which addresses pensions in the case of bankruptcy or insolvency. For the NDP, this addresses something that has been a long-term concern for us. We know pensioners are really made fragile when they lose a significant part of their pension. We know it is absolutely devastating when workers who worked so hard for a company, workers who spent their lives dedicated and loyal doing that work, lose their pension on the other side or know they are going to lose their pension.

Whenever I think of this issue, I always think of Pat Horgan, who was a former member of my constituency. He passed away several years ago. I remember him sharing his story of his many years of dedication to Safeway, where he travelled quite a distance to work and support his family. He spent many, many years of his life working really hard. His amazing pension provided a solid foundation for his family. He retired early to care for a young son. Pat was making $2,700 a month, and when everything fell apart, his pension went from $2,700 down to $72 a month.

This happens to Canadians in our country, and that is why this type of legislation is so important. This is why we are holding the government to support this. It needs to understand that, when it puts Canadians in that situation, when it tells companies everybody is above the workers, it really disenfranchises those folks. It means that, when they retire, they do not have that stability.

Pat, in his retirement, had to go back to work. He had to go back to work to support his family. I remember him saying to me he was grateful he had the health and well-being to work, even though as he got older and older it became harder and harder for him. This is why it is so important that we are here today.

Pensions are deferred wages. This is how we plan for our future and for our retirement. When someone gets older, one faces multiple challenges because of aging. If someone does not have the pension they worked so hard for, and everybody else walks away with the money they need while that person is left in a fragile and vulnerable position, it is simply not fair. It is an injustice. It is unfair, and it finally needs to be dealt with. Worker pensions should not be at the bottom of the list. I am so hopeful this bill will get to where it needs to get because it would take the steps that are much needed toward fixing this.

I need to be honest. I was a little worried in the very beginning if I would support this bill or not. My caucus and I had some very important concerns, which we brought forward to the member for Sarnia—Lambton. Happily, some commitments, discussions and agreed upon changes, and I thank the member for that important work, will allow this caucus to vote in favour of the bill.

Because of this work, yesterday, together with the NDP member for Elmwood—Transcona, the Bloc member for Manicouagan and, of course, the member for Sarnia—Lambton, all three opposition parties were able to announce their collaboration on this bill.

I need to take this opportunity of course to thank my dear friend Mr. Scott Duvall, who is the former member of Parliament for Hamilton Mountain. He worked diligently both in the 42nd Parliament and the 43rd Parliament to get this work done and introduced his own bill in the 42nd Parliament. I know he worked so hard with the Bloc to get the bill through, and we did not see it get where it needed to in the other place because of an election that was called for no reason.

I am so happy to be having this discussion because Scott Duvall committed his life to this work. He lived through this. He came from a union background and had seen this happen. He had worked to support workers and was absolutely dedicated. I really respect the work he continues to do, and I hope this gets over the finish line. I know he would be really happy to see that.

Currently, we know our laws leave workers behind. I believe it is extremely important not only to amend the bankruptcy laws to ensure not only that unfunded liabilities for pension funds are honoured over both secured and unsecured creditors but also that companies can no longer stop payment of retirement benefits during the bankruptcy proceedings. This is another factor that is really important to understand.

These long processes have such a profound impact in the short term and long term for workers. We know that when there is the significant loss within a community of a big organization or business, it really has a profound impact, especially on smaller rural and remote communities like those that I represent. This is important. I am seeing this right now in a bit of a different circumstance with the mill in Powell River where folks are waiting to move on, but they are not getting any termination or severance pay. They are waiting for that. That is what happens in bankruptcies. People are waiting because all of the secured creditors get to go first. There is a pattern for businesses in trouble to leave workers hanging, unable to bridge the gap and move forward in a meaningful way. Our federal laws need to be improved to support workers.

That is the foundation of this for me and I hope it is for all of us as we vote on this. We have to make sure that workers are recognized in our country. All too often we have systems in place where workers stay poor while the people at the very top walk away with a lot of resources. When people work hard for a company, when they wake up every day and show their dedication and loyalty by showing up for work and helping that business grow its own resources, its own wealth, we have to make sure that when it gets tough, those people are not left behind.

As the NDP's spokesperson for seniors, I have spoken to many seniors who have had this experience and have significant challenges financially when they retire. It can become very significant if they lose their pensions.

One of the concerns I have with this bill is it does not really include protection for health care benefits during the insolvency process. This is concerning to me. I have talked to a significant number of seniors in my riding who really struggle with health care costs.

I was talking to someone not too long ago who was talking about diabetes medication and how hard it is to make ends meet now because that person does not have any extra resources. We also know that as people age, dental care becomes increasingly more important and is a huge deterrent to health. I have talked to seniors who struggle to chew their food and are having to blend their food in a blender to make sure they get the healthy nutrients they need.

One senior told me that she lost her pension because of a bankruptcy and is now in a position where she has significant dental work that needs to be done. She is trying to save up for it. She keeps getting a recurring infection in her gums. Her dental professionals are trying to make that work without her losing any more of her teeth. I cannot imagine being in that circumstance.

This is an important part. We need to make sure that those things are put in place. I know this is exactly why the NDP is fighting so hard to get dental care in this country for low-income people, especially vulnerable people with health issues, persons living with disabilities, seniors and children. We need to make sure that people have that opportunity. Often when people lose their dental health, they lose so many other opportunities in their life.

In closing, I look forward to having this bill go to committee and for all of us to work together to amend it and make some changes so that we can serve the workers across this country who build our communities, who pay their taxes and do all they can. We want to make sure when they retire that they are protected. Hopefully, we will get there.

I want to again thank the member who brought this bill forward for her hard work, her diligence and her ability to work across party lines. I think that is a real testament to some of the work we do in this place.

[Gabriel Ste-Marie, Bloc, Joliette, QC]

Madam Speaker, I am honoured to rise today to speak to Bill C‑228, which was introduced by the member for Sarnia—Lambton. This is a very important bill. I sincerely commend my colleague and congratulate her on the work she does in the House.

In theory, every elected member is allowed to introduce their own bill in the House of Commons during every Parliament. Not everyone has the opportunity to do so, since there is very little time. Each one of us would have all kinds of bills to introduce. When a member like the member for Sarnia—Lambton has the opportunity to introduce a bill, that is a very fortunate event, and I sincerely thank her for choosing this topic. This bill, if passed, will correct what I consider to be a serious injustice. Based on what we have been hearing in the House, I have a lot of faith that this bill will move forward. It may even be passed. I tip my hat to my colleague, sincerely.

In my riding of Joliette, my colleague Véronique Hivon represents us in the National Assembly. She has announced that she will not be seeking re‑election after 14 years of dedicated service. The lesson I take from her is that we need to work across party lines, make connections that go beyond party boundaries and political games, and work together for the common good to make a difference. I truly believe that each and every one of us is here in the House because we want to make things better for people, and the member for Sarnia—Lambton's Bill C‑228 is proof of that.

As my colleagues know, Bill C‑228 amends the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act to better protect workers' pension plans. When a business goes bankrupt, it is always a great tragedy. If it is a family business, then it is a tragedy for the family. It is also a tragedy for the community where the company does business. However, it is even more tragic for the workers who depend on the jobs that business provides to earn their living. Any bankruptcy is a tragedy, of course, but it particularly affects pensioners. That is what the bill before us would correct. It seeks to better protect pension plans in the event of bankruptcy.

Everyone remembers the case of White Birch, which went bankrupt in 2010, I believe. The workers lost about half of their pensions because the pension plan was not adequately funded. It was such a tragedy. Those people had worked hard all their lives—those were not easy jobs—to make enough money to be considered middle class and, for all those years, they had been contributing to a pension fund so they could retire. They believed they would work hard, get up early every morning to earn their keep, and then, at 65 or so, they would be able to go at a slower pace for the rest of their lives and enjoy what they had put aside through the pension plan. However, overnight, these people, who had budgeted very carefully, knowing that people have less income in retirement than when they are working, saw half their income disappear because the company went bankrupt.

Finally, we learned that pension funds, pension plans are unsecured creditors, so once the taxes owing to the government are paid, and all the other higher ranking creditors are paid, there is practically nothing left for underfunded pension liabilities like that. These are terrible situations that ruin lives.

The bill introduced by my esteemed colleague from Sarnia—Lambton includes several aspects, but basically it seeks to ensure that pension plans are given a higher priority when creditors are being paid off. This would help to better shelter pension funds to ensure that the pensions are paid.

Earlier, I spoke about working together across party lines, and so I thank the member for choosing to present her bill to the media together with my Bloc Québécois colleague, the member for Manicouagan.

During the 42nd Parliament, from 2015 to 2019, Cliffs, a company in my colleague from Manicouagan's riding, went bankrupt, leaving many workers in a difficult situation. The United Steelworkers stepped in and miraculously managed to reduce pension losses, but the harm had already been done. As a result, my colleague then introduced a bill similar to this one.

What is different today is that we have a minority government. The people voted this government in, but they did not give it free rein, which means that it must answer to all parliamentarians, a majority of whom are not from the same political party. That gives the House, this Parliament, some leverage and makes it possible for bills like my colleague's to be passed.

In this case, the Liberals might be changing their stance, since they want to study this bill in committee, so at least the bill will make it that far. Let us hope that we will be able to improve it and get it through the other stages. Obviously, there will be work to do in committee. Questions will need to be answered. We will have to make sure that we understand every part of the bill so that everything is done properly, according to the rules. That is what committee work is for. I am sure we can make that happen.

This issue is obviously very important to us. We see that federally regulated businesses would also be protected by the change to the Pension Benefits Standards Act, 1985. This affects 3% of the labour force in Quebec. In her bill, my colleague from Manicouagan also proposed raising group insurance to the rank of preferred creditor. This is not the case here and that is something that could be discussed by the committee.

As I was saying, the principle of the bill is honourable. The member did not have to introduce this bill, and I commend her for deciding to do so.

I will certainly ask a question in committee about the possibility of transferring rather than liquidating the pension fund. I will also have questions about the possibility of an employee taking out insurance to cover all or part of a potential deficit in the pension fund. When Groupe Capitales Médias declared bankruptcy, the workers of the various daily and weekly papers in Quebec belonging to the group lost part of their pensions. In contrast, workers at the newspaper Le Droit, based in Ottawa, will receive almost their entire pension thanks to insurance. This measure is already in place in Ontario, but not in Quebec, and I think that Quebec would do well to consider this model.

After the White Birch bankruptcy, the first case that really struck me, there was the Cliffs case on the north shore. I was elected at the same time as my colleague from Manicouagan, and this second case really shook us up. It was at that point that my colleagues and I got a better grasp of the issue. However, since then, there have been more cases. I just spoke about Groupe Capitales Médias, but there are others. I remember in particular the Sears bankruptcy, which the member for Sarnia—Lambton and I went through.

How many dozens or hundreds of families of retired workers run the risk of losing half or even more of their retirement pensions because a company did not adequately fund their pension plan before declaring bankruptcy? In my opinion, it is our role in the House as legislators to correct this shortcoming by raising the creditor ranking of pensioners so they are better protected.

In closing, I would like to again thank the member for Sarnia—Lambton.