Pension Protection Act

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

Sponsor

Marilyn Gladu  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

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

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.

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

Nov. 23, 2022 Passed 3rd reading and adoption of Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985
June 22, 2022 Passed 2nd reading of Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985

Tracy Gray Conservative Kelowna—Lake Country, BC

Thank you very much.

We know there is a lot of Conservative leadership for workers, and a couple of pieces of legislation through colleagues. We have Bill C-228, an act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985. That was through our colleague MP Gladu. We have Bill C-241, an act to amend the Income Tax Act with respect to the deduction of travel expenses for tradespersons through our colleague MP Lewis. We have Bill C-409, an act to amend the Canada Labour Code regarding hours of work of flight attendants. That's through our colleague MP Rood. Then we have Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code with regard to adoptive and intended parents. That's through our colleague here in the room, MP Falk.

Your legislation is another piece of legislation to help workers and make a difference for them.

I'm wondering if you can speak to your legislation and what impact harassment and violence in the workplace can have on individuals?

Canada Labour CodePrivate Members' Business

September 23rd, 2024 / 11:25 a.m.


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Conservative

Kyle Seeback Conservative Dufferin—Caledon, ON

Mr. Speaker, I thank my colleague the member for Bellechasse—Les Etchemins—Lévis for introducing Bill C‑378. Well done.

The bill is an exceptional piece of legislation by another Conservative MP trying to enhance the rights of workers across the country. There has actually been a long history in the current Parliament, where the NDP-Liberal government has not acted to protect workers; in fact it has been Conservative MPs who have stood up to try to make sure that workers are protected.

A number of bills have been put forward by Conservative MPs to improve the lives of workers, in addition to this fantastic bill; for example, there is Bill C-228 by the member for Sarnia—Lambton, which would actually protect workers' pensions. It has been a long-standing problem in this country that a company would go bankrupt, workers' pensions would be unsecured creditors and their pensions would disappear. In nine years of an NDP-Liberal government, no action was taken on that. It took a Conservative member of Parliament to say we need to protect workers and this has to change.

There is also Bill C-241, brought forward by the member for Essex, which would allow tradespeople to deduct their travel costs for going to work. It is common sense. If a CEO can write off the cost of their private jet, then why can a worker not write off the cost of their travel as they go out to try to earn an income. Again, during nine years of a NDP-Liberal government, this is something that had no action. A Conservative member of Parliament stood up to make that change.

I also want to mention Bill C-409, brought forward by the member of Parliament for Lambton—Kent—Middlesex. We have heard a lot from the NDP, and silence from the Liberal government, about how flight attendants were ending up working, on average, 30 unpaid hours per month. The NDP-Liberal government did absolutely nothing. The New Democrats talked a bit about it and tabled petitions and other things.

However, it took a Conservative member of Parliament to put forward a bill that would change the Canada Labour Code to define what constitutes work for flight attendants so they would no longer be sitting on a plane waiting for it to back up or waiting for it to take off, and not get paid. We heard horror stories of flight attendants who would show up for work but the flight was delayed and they would be there, would time out for their shift and then go home and not be paid. It was outrageous, and the NDP-Liberal government just let that go on for the past number of years, with no action.

This brings me right back to the fantastic bill before us that has been put forward by my colleague. This is a very serious matter. People who are the victims of harassment or violence at work are victims. They have been traumatized. The Canada Labour Code was only allowing them three months after they left work to file a complaint. These are people who are vulnerable and probably are not in a position to make that decision. Once again, a Conservative member of Parliament had to step in to make that change.

The Liberal government tried to make some changes under Bill C-65, where the victim could apply to extend the three-month timeline. Imagine that: Victims would actually have to apply to extend the deadline. The burden would be on the employee to make the justification for a new deadline. They would have to file an application, explain the trauma and ask for an exemption. The Liberals thought this would well serve the victims of harassment or violence, but it actually would have done nothing of the sort. Imagine having to give deeply personal details to someone to see whether they would let them file a complaint after three months.

It was very thin gruel for the victims. Therefore I want to congratulate again my colleague for seeing the problem, coming up with the solution and making sure that people who suffer these outrageous acts would now have up to two years to file their complaint.

It is a pattern we have seen well established in Parliament, that the NDP-Liberal government talks a very good game about protecting the rights of workers, but they do not actually deliver the results that are required. Therefore it has taken a series of Conservative bills to actually make incredible differences in the lives of workers, including the bill before us here today.

I understand that there is support for the bill to pass, which is wonderful, but it always leaves me this question: After nine years of an NDP-Liberal government, why did it take so long for it to realize this was a problem? It is because the government is really not governing the country well on this and on a whole host of other issues. As opposition members, we have a limited ability to try to clean up the messes that are left by the government, and we have done that with a series of bills that actually are going to make substantial differences.

We hope that the bill before us is going to be fast-tracked through Parliament. Let us get it to committee, get it studied and get it passed. We do not have a huge amount of time in Parliament left for it to pass, so we want to make sure that the piece of legislation can go to the Senate and receive royal assent. I hope it is going to pass through committee very quickly.

I would also hope that when Bill C-409, the fairness for flight attendants act, comes up for second reading and a vote, it also goes to committee expeditiously, because it is an incredibly difficult circumstance that flight attendants have right now across the country, and labour has not really had the friendliest of governments.

There was recently a section 107 referral by the government with respect to the resolution of the rail dispute. The right to strike is constitutionally protected; the Supreme Court said that in 2015, and the NDP-Liberal government said it was going to make a referral and take away the workers' ability to go on strike. Once again we have an NDP-Liberal government that claims to be friendly for workers, but it has taken—

Myra Falls MineStatements by Members

February 2nd, 2024 / 11 a.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Madam Speaker, in my riding of North Island—Powell River, days before Christmas, with no notice, over 300 employees were told that the Myra Falls Mine was shutting down. I sat down with Unifor Local 3019, which is working hard with all levels of government to protect its workers. Its ask of me was simple: When will the rules finally be fixed in Canada to protect workers' pensions and local small businesses in our community when big projects shut down?

We know that the Bloc and the NDP pushed very hard to get Bill C-228 through this place last year. In fact, it received royal assent in April of last year, so where are the regulations? Where is the government in finally making workers a priority in this country? When will we see workers and their pensions at the top of the list instead of at the bottom?

Workers in Canada do not deserve this. Our small communities have seen these boom-and-bust cycles again and again. The workers and their local communities bear the weight of it. It is time that they were protected. We must get the regulations in place now.

Motions in amendmentAffordable Housing and Groceries ActGovernment Orders

December 5th, 2023 / 12:45 p.m.


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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Madam Speaker, of course, the best help that Canadians can get with affordability challenges is a well-paying job.

We know there are 605 media workers who are going to be out of a job because Metroland Media decided that it would shut down 70 print community papers.

One of the things that the government did, and I am quite happy to say worked with opposition parties to get it done, was Bill C-228, to provide pension protection in the case of bankruptcy.

However, the NDP had also negotiated amendments to protect the severance pay of workers. The member for Winnipeg North struck those provisions out on a point of order and then later denied unanimous consent in order to get them put back in.

I am wondering if the member wants to take this opportunity to talk to those 605 families and explain why he wanted to put the predators at Metroland Media ahead of those families getting their severance.

Protection of Pension PlansStatements by Members

April 20th, 2023 / 2:15 p.m.


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Bloc

Marilène Gill Bloc Manicouagan, QC

Mr. Speaker, pension plans are finally protected. The Senate has just passed Bill C‑228. After tabling this bill three times, every time I was elected, and after seven years of raising awareness, providing information, collaborating, coordinating, rallying public opinion and negotiating, I can finally say, to everyone who helped ensure pension plans would be protected in the event of bankruptcy or restructuring, “mission accomplished”.

I want to offer my warmest congratulations to the Cliffs retirees, who approached me in 2015 to speak on their behalf in Ottawa. From the bottom of my heart, I thank the United Steelworkers for believing in this cause and supporting it from start to finish. Their voice has been heard. I also want to thank my colleagues in both houses. On a more personal note, I especially want to thank the member for Sarnia—Lambton.

Workers and their unions are the ones who change things, and changing things requires strength, solidarity and respect.

Financial Protection for Fresh Fruit and Vegetable Farmers ActPrivate Members' Business

April 19th, 2023 / 7:20 p.m.


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Dartmouth—Cole Harbour Nova Scotia

Liberal

Darren Fisher LiberalParliamentary Secretary to the Minister of Seniors

Madam Speaker, it is always an honour to rise on behalf of the good people of Dartmouth—Cole Harbour, in Nova Scotia. I certainly appreciate the opportunity to discuss Bill C-280 with my esteemed colleagues here in the House today.

We will undoubtedly hear more about the merits of this bill from our colleagues. For my part, I will focus on offering an overview on the changes it would bring to our insolvency regime, in particular where it would place fresh produce sellers in relation to other creditors, including farmers of other types of perishable products, employees, pensioners and potentially smaller and more local suppliers.

To fully grasp Bill C-280, we must start by considering how our insolvency laws currently work. There are two main insolvency laws in Canada: the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act, the CCAA. These laws address both business and personal insolvencies.

Business insolvency solutions include both restructuring and liquidation options to distressed businesses to mitigate impacts and make the best of a bad situation. If restructuring is not feasible and a liquidation is required, the BIA ensures the orderly liquidation of assets and distribution of proceeds to creditors. At the top of the list are deemed trusts and superpriority creditors, which currently include limited amounts for farmers, fishers and unpaid suppliers, including the fresh produce suppliers that are meant to benefit from this bill. It also includes amounts owed to employees for unpaid wages. Next are secured creditors, followed by preferred creditors and unsecured creditors, which would include most unpaid suppliers, such as landlords and construction and repair businesses.

First, as I briefly mentioned, there is already a limited superpriority for Canadian farmers, fishers and aquaculturists, which entitles them to payment ahead of other creditors for amounts owing on products delivered within 15 days of bankruptcy. The superpriority available to farmers under this provision applies to the bankrupt buyer's inventory or the proceeds of the sale of the inventory. Unlike Bill C-280, the existing superpriority applies to all Canadian farmers, including producers of other perishable agricultural commodities such as milk and eggs.

Second, any unpaid suppliers of goods, including fresh produce sellers, can seek to recover unsold, identifiable goods from a bankrupt purchaser within 30 days of delivery. Canada's insolvency laws balance debtors' and creditors' interests, enabling businesses, including those in agriculture and agri-food, to access credit, invest, create jobs and treat creditors equitably.

Typically, changes to priority payments in insolvency are only made in exceptional circumstances. My colleagues may, for example, remember Bill C-228, which elevated the claims in insolvency for amounts owing to pensioners, who in some unfortunate cases have seen reductions in their pensions and retirement benefits due to the insolvency of their employers.

Bill C-280 creates a deemed trust for the claims of fresh produce sellers. A deemed trust is an extraordinary legal tool that, when used, makes the proceeds of a sale the property of the seller and not the buyer. Even if the seller is not yet paid, in an insolvency the deemed trust would let sellers recover amounts ahead of all creditors and outside of the insolvency process. This is a much stronger legal tool than is currently enjoyed by any other private commercial creditor group in insolvency.

First, the deemed trust would apply to the entire fresh produce supply chain. This means marketers, intermediaries and wholesalers of fresh produce who are engaging in everyday business transactions, just like every other supplier or wholesaler of other goods to the bankrupt purchaser. I note that this could also include multinational grocery corporations that wholesale fresh produce to their affiliates and large American sellers selling into Canada.

Second, it would apply to all the assets of the company, not just the inventory.

Third, whereas the existing protections for farmers apply only to produce from Canadian farms, American and other international fresh produce farmers and suppliers participating in a Canadian insolvency would benefit under Bill C-280.

Pension ProtectionStatements By Members

April 19th, 2023 / 2:05 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, I am very pleased to rise today and announce the passing in the Senate of my second private member's bill, Bill C-228, on pension protection.

This bill will ensure that pensioners who have worked their whole lives for a company will receive the pension benefit they are due. This is accomplished by providing transparency to know which funds are insolvent, providing a mechanism to transfer funds to make them solvent and, in the case of bankruptcy, putting pensions in priority ahead of creditors.

There have been many members of all parties in the House and the Senate who have been trying to pass such a bill for two decades. I want to thank all of my colleagues for their help with this. This is a great day for Canadian pensioners. No longer will we see companies go out of business and leave those who have worked hard their whole lives without any pension or with only part of a pension.

Thanks go to everyone in the House and the Senate who supported the bill. It is a great day for Canadian pensioners.

Speaker's RulingRequest for Emergency DebateRoutine Proceedings

January 30th, 2023 / 3:40 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Happy new year, Mr. Speaker.

Today, I would like to raise a point of order regarding an amendment to Bill C-21, an act to amend certain acts and to make certain consequential amendments (firearms). As stated on page 770 of House of Commons Procedure and Practice, third edition, “An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.”

The amendment in question, G-4, would amend clause 1 of Bill C-21, and the New Democrats have been clear in expressing our opposition to this amendment. The amendment seems to target those who use guns for hunting, for protecting farm animals from predators and for supporting safety in the backcountry. What is more, we have all heard from indigenous people that the amendments would not respect treaty rights nor the duty to consult.

Bill C-21 was originally intended to limit the number of handguns on our streets. Before the amendment was introduced, there was every reason to believe that Bill C-21 was on track to passing through this House before Christmas, but instead, the amendment was introduced at the eleventh hour with no ability to question witnesses about its impacts. It is a more than 200-page amendment to what was originally a 44-page bill. In our view, that constitutes an abuse of process. We are not asking the Speaker to judge the merits of the amendment. Instead, we are bringing forward a very important procedural point.

We believe, contrary to the committee's findings, that this amendment seeks to expand the scope of the bill as established at second reading since it addresses a new idea that was not considered at second reading.

The amendment is out of scope because the original Bill C-21 was meant to implement a handgun freeze. This amendment would drastically expand the definition of “prohibited firearm” in the Criminal Code to cover all sorts of long guns, including those commonly used for hunting and farming and by indigenous communities. This House never had a chance to debate this measure at second reading.

When the amendment was moved on November 22, 2022, the committee chair deemed that it was not beyond the scope of the bill. This decision was appealed, and the committee voted in favour of the committee chair's decision.

However, as we saw in the very clear Speaker's ruling on November 16, 2022, regarding amendments to Bill C-228, the ultimate decision on the scope of a bill rests with the House itself: “The Chair would like to remind members that the scope of a bill is not determined by its sponsor, by the government or even by the committee considering it, but by the House itself when it adopts the bill at second reading.”

In this situation, the committee adopted amendments that the Chair ultimately struck from the bill during consideration at report stage, because you, Mr. Speaker, ruled that the amendments were beyond the scope of Bill C‑228 as passed by the House at second reading. Although we realize that the Speaker usually does not rule on a matter that is still being debated in committee, we believe that in this particular situation your opinion is necessary and important.

The committee has been stuck for weeks debating this amendment, which is, in our opinion, out of the scope of the bill. It is possible that you would rule the amendment out of order at report stage, which would make the hours of debate at committee completely unnecessary. It would be in the interest of all parliamentarians to avoid the waste of time and energy spent debating an amendment that would ultimately be removed from the bill.

The Chair Liberal Peter Fonseca

I call this meeting to order. Welcome to meeting 70 of the House of Commons Standing Committee on Finance.

Pursuant to Standing Order 108(2) and the motion adopted by the committee on Wednesday, November 16, 2022, the committee is meeting to proceed with the clause-by-clause consideration of Bill C-32, an act to implement certain provisions of the fall economic statement tabled in Parliament on November 3, 2022 and certain provisions of the budget tabled in Parliament on April 7, 2022.

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 the witnesses and the 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 microphone, and 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 either floor, English or French audio. 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.

Members, before we go to clause-by-clause consideration of Bill C-32, you will have received the budget for the Bill C-228 study from the clerk on Tuesday. Everybody should have received it at 11:03 a.m.

I'm looking around for confirmation that everybody is good with that budget.

The House resumed from November 22 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 third time and passed.

PensionsOral Questions

November 23rd, 2022 / 2:50 p.m.


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Papineau Québec

Liberal

Justin Trudeau LiberalPrime Minister

Mr. Speaker, we have always been there to protect pensioners and workers, unlike Conservative politicians, who continue to push for CPP and EI cuts. We will support Bill C-228, but we will take no lessons from a Conservative Party that waged war on labour for a decade and has nothing to offer Canadians but Bitcoin and buzzwords.

Pension Protection ActPrivate Members' Business

November 22nd, 2022 / 6:40 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, it is a pleasure to be here at this, the final reading of this bill, before the vote tomorrow and hopefully the bill's going on to the Senate.

It has been a long journey. Over the last at least 10 years, possibly longer, there have been numerous efforts to bring forward bills to get the pension protection Canadians deserve.

Basically, when I looked at the work that had been done, in every one of them there was something that not everyone could agree on, so I cherry-picked from all the different ideas that people could agree on and said, “Let us at least do something. Let us move in the direction of good.”

That is how Bill C-228 came into being. Previously, there was a bill, Bill C-253 in the last parliamentary session, which made it to the industry committee. It was on the priority of pensions.

This bill would do three things.

It would table a report in the House on the solvency of pension funds, so we can have greater transparency and know which funds are in trouble.

It would create a mechanism for us to transfer funds into an insolvent fund from elsewhere in the business, with no tax implication, so we can fix the problem before it becomes a difficulty for the pensioner.

Then, in the event of a bankruptcy, we would pay out pensions in priority over secured creditors like large banks, preferred creditors, and unsecured creditors. That will put pensioners in a much better position. Pension funds will be solvent, in general, and when there is a bankruptcy, large creditors are way more likely to be able to survive one company's going bankrupt than an individual who has paid into their pension and is counting on it for their retirement.

The bill has had much study. It has heard input from all kinds of stakeholders, and we are here today with what I think is a really good balance of all the rights of the pensioners and those of the suppliers. I think we have a very acceptable balance.

I want to thank a number of people, the member for Elmwood—Transcona, the member for Manicouagan and the member for Joliette, as well as all the finance committee members. There have been numerous people who have helped this bill along, provided their input and provided suggestions to improve it. I want to thank the member for La Prairie, who traded his private member's spot for today in order to move this up quickly and get it over to the Senate.

It just shows that there is broad support for the bill. When we look at the concerns that were raised about the bill, there was one amendment that was made at committee to include severance pay and termination pay in the priority. I supported that. I said I supported it at second reading, but it was ruled out of scope by the Chair and eventually back in the House, where the Liberals wanted the Speaker to rule on it. I think the Speaker was correct in saying that committees do not have the power to put things in that are out of scope, but then we brought a unanimous consent motion.

The member for Elmwood—Transcona brought the motion to have the House decide to put that amendment back in. Unfortunately, at that point, the Liberals did not support that amendment, and the motion did not receive unanimous consent.

That amendment is now out of the bill. That was the controversial part. I think we can agree that the rest is the right thing to do for Canadians.

I am happy to hear the parliamentary secretary to the government House leader say tonight that he has not yet made his decision on how he is going to vote. I would encourage him to vote yes to Bill C-228.

Now is the time, in this parliamentary session, for us, after 10 years of bringing various and sundry bills, to finally do the right thing for Canadians and protect people who have worked their whole lives and paid into a pension fund. It is time to give it the priority it needs to have.

I look forward to the vote tomorrow, and I look forward to having all parties in the House support Bill C-228.

Pension Protection ActPrivate Members' Business

November 22nd, 2022 / 6:35 p.m.


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Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I am pleased to rise and speak to my colleague's bill, Bill C-228. I would like to thank the member for Sarnia—Lambton for introducing this bill and providing me with the opportunity to participate in this debate.

This bill comes at an important time for Canadians. Bill C-228 seeks to protect the pensions of workers in the private sector so that when a company goes bankrupt, pensioners receive the benefits they have worked long and hard to receive. It combines elements from previously introduced bills and would do three things. First, it would require that an annual report on the solvency of pension funds be tabled in the House of Commons. Second, it would provide mechanisms for companies to transfer funds to keep their pension funds solvent. Third, in the event that a company does go bankrupt, pensions would be paid out ahead of large creditors and executive bonuses.

For better clarity, not only does the bill seek to ensure that pension funds remain solvent by requiring annual reporting that demonstrates the pension funds are fully funded, but it would protect Canadian workers' pensions, as it creates mechanisms to help companies keep their pension plans solvent. Should a company's pension fund become insolvent, they will be able to transfer money into the pension fund without any tax implications. Encouraging companies to keep their pension funds solvent and providing them mechanisms that help them to achieve that is something that ultimately helps and protects working Canadians.

The solvency of pension funds is especially important now, as we are in a cost of living crisis. Seniors in particular are struggling at this time, as they live on fixed incomes that are being stretched by rising prices and inflation, which the government is fuelling with its inflationary spending. The government continues to deny the consequences of its inflationary spending, but we are confronted by them daily.

Canadians call me every day asking how the government expects them to keep up with the rising prices that are being caused by the government's out-of-control spending. The government has created an unpredictable economy with record-high inflation. Now, with its plan to triple the carbon tax, Canadians living on fixed incomes are being pushed to their limits.

With the unpredictability of the economy, record high inflation rates and the Liberal plan to raise taxes, the protection of pensions is vital. Canadians need to be secure in the knowledge that their pensions, which they have contributed to for many years, will not be at risk of disappearing overnight.

As inflation continues to rise, those who rely on pensions from the private sector are more vulnerable. They have to worry not only about their monthly payments being stretched thinner and thinner, but also that the company paying their pension may go bankrupt and use the pension fund to pay off its debts.

Over the past two years, we know that many businesses have struggled, many have not survived and many may be on the verge of making the decision to close their doors. Should this happen, many people may find their pensions at risk. Pensioners should not have to worry about the security of their pension. The dream of retiring for Canadians should not be washed away because the pension fund of their company was used to pay off debts and give bonuses to executives.

That is why our party believes that pension plans should be invested by independent trustees for the benefit of employees and should be held at arm's length, not accessible by a company or its creditors. By doing this, the pension fund will be solely focused on serving the workers who are contributing to it and drawing pensions out of it, and we will remove the ability for corporations to interfere with pension funds or cause them to become insolvent.

Another important aspect of this bill, supported by the independence of pension funds, is that in the event of bankruptcy, paying out pensions would become a priority, ensuring that seniors are not left behind. This will ensure that the many years of hard work by Canadian workers will still be rewarded with the pensions they have earned. It will also ensure that even in the case of bankruptcy, the dream of retirement will not be lost. Canadians will still be able to depend on the investments they have made in their companies' pension funds and plan for the future.

I am sure many of my colleagues in this place have heard from Canadians that they are finding it difficult to plan for their future when there is so much uncertainty due to the Liberals' inflation and the rising taxes.

This bill provides an opportunity for members to vote in favour of giving Canadians security in their golden years, allowing them to retire and enjoy the fruits of their labour.

The purpose of this bill is very clear. We want to protect the pensions of hard-working Canadians. The bill seeks to bring more stability to private pension funds and ensure that Canadians do not lose out. It is a step towards giving Canadians more certainty and control over their own lives and hard-earned money, making sure the money they have earned ends up in their own pockets.

I know similar bills have been introduced in the House previously, and I am happy to see that Bill C-228 has had broad support among other parties. Again, I want to thank my hon. colleague from Sarnia—Lambton and hope to see more initiatives in the House to help support Canadians.

Pension Protection ActPrivate Members' Business

November 22nd, 2022 / 6:15 p.m.


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Bloc

Louise Chabot Bloc Thérèse-De Blainville, QC

Madam Speaker, many expressive words come to mind as I rise to speak to Bill C‑228 today in the House, a few hours before voting at third reading. My words are “privilege”, “honour” and “pride”.

Why? As parliamentarians we play a part in history. We have the opportunity to do something historic, namely to correct an injustice that has existed for far too many years by protecting retirement funds, the nest eggs of workers and retirees, in the event of a bankruptcy.

I do not think there should be any hesitation tomorrow when it comes time to vote. We should all stand up unanimously in the House to tell all workers and the unions that have been lobbying for years to convince parliamentarians to remedy this situation that we will finally do them justice. That is my plea today.

I would also like to commend the Conservative member for Sarnia—Lambton and thank her for her bill and for the work that was done on it across party lines with the NDP and my colleague from Manicouagan. It is really something when we are able to work together to advance the rights of workers. I really encourage the Liberals to join us. I heard the parliamentary secretary say in his speech earlier that he was still undecided about tomorrow's vote. What is there to be undecided about? There should be no hesitation on this issue.

If even just one company were to go bankrupt today, the human suffering would be terrible. A company going bankrupt results in job losses, relocations, unemployment and complete reorganization. When, on top of that, a company puts itself under creditor protection and pension plans are insolvent or have not been properly funded, retirees are faced with enormous losses to their pensions.

Consider the Cliffs mine on the north shore, or Nortel, or Aveos. There are situations like these—and this is a long list—where workers and retirees have seen all the savings they socked away during their working years melt away like snow on a sunny day.

We must remember one fundamental thing. Retirement is a deferred salary, compensation that is deferred until retirement. When a company goes bankrupt and that fund is unprotected, thousands of workers are put at risk. This concerns many workers in Canada.

I also really want to commend all the work done by my colleague, the member for Manicouagan. When Cliffs' mine on the north shore went bankrupt, she went to bat, took a stand and worked hard to introduce a bill that would protect pensioners and to ensure that this never happens again. There was one hour of debate, but at least there was debate, because, at the time, the government was against this idea. It made people aware of the fact that this should never happen again. Since then, there have been many such bills, but not one of them has passed and actually fixed the problem.

The latest bill on this subject was introduced by my colleague from Manicouagan in 2021. It was Bill C‑372, which passed at second reading and received the committee's unanimous approval. Unfortunately, it died on the Order Paper because a pointless election was called.

I said the passage of this bill would be a historic event. Fortunately, battles for pension funds are already being waged in the context of collective bargaining for unionized workers. This often causes conflict, because employers would like to make cuts to pension funds.

How many battles, strikes and disputes have hinged not only on pay, but also on pension funds? This is a difficult struggle for workers. Some workers have been left to fend for themselves after giving a company 30 or 40 years of their lives and contributing to a retirement fund. This kind of thing happens because we have never been aware of their reality or done enough to take a stand and fix the problem.

We have an important role to play as parliamentarians, because it is up to elected officials and the government to change things and bring in a safety net for our workers. The purpose of this bill is not to make pension plans priority creditors, but rather preferred creditors. The status of preferred creditor for wages is currently maintained in the event of bankruptcy.

I really must emphasize that there is no reason to hesitate. I often hear the Liberals say here in the House that they are there for the workers, that they will never let them down and that they want to protect their pension funds. Well, now is the time to walk the talk. Beyond the rhetoric, if they really want to protect workers, it is important to strengthen labour rights and protect pension funds in the event of insolvency or bankruptcy. That is what needs to be done. This should not even be a question.

It is also important to pass anti-scab legislation. Workers have been calling for this for years. It should have been brought in years ago. Labour disputes persist because, once again, employers under federal jurisdiction take advantage of the current situation to hire scabs, and this keeps the disputes going. One day, we are going to have to stand up for workers on this issue as well. It is time to stop consulting and start taking action.

Employment Insurance also needs to be reformed. The Canadian Labour Congress, the United Steelworkers and major labour organizations regularly come to the Hill to lobby to talk to parliamentarians about the reality of the working world today and to convince them to fix the situation. I do not even understand why the government is still dragging its feet on this.

The bill to protect retirement funds seeks to provide a guarantee in the event of misfortune such as an economic crisis, a recession or even a pandemic. In such situations, there are losses. In the case of Cliffs Natural Resources, even though the United Steelworkers managed to get a bit of money to the North Shore through legal means, pensions were still slashed by 9%.

A worker or retiree who is currently 80 is not going to go back to work. They end up using all of their savings just to survive. We cannot leave a single person in such a situation.

Canada is known for protecting basic rights and workers rights in the event of a bankruptcy. We have to protect their nest egg. I think it will be to our credit to adopt this bill unanimously. I want to acknowledge all the unions and every parliamentarian who decided to stand up and make this possible.

The House resumed from November 18 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 third time and passed.