An Act to amend the Criminal Code and the Canada Labour Code

Sponsor

Seamus O'Regan  Liberal

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 Criminal Code to, among other things,
(a) create an offence of intimidating a person in order to impede them from obtaining health services, intimidating a health professional in order to impede them in the performance of their duties or intimidating a person who assists a health professional in order to impede the person in providing that assistance;
(b) create an offence of obstructing or interfering with a person’s lawful access to a place at which health services are provided, subject to a defence of attending at the place for the purpose only of obtaining or communicating information; and
(c) add the commission of an offence against a person who was providing health services and the commission of an offence that had the effect of impeding another person from obtaining health services as aggravating sentencing factors for any offence.
It also amends the Canada Labour Code to, among other things,
(a) extend theperiod during which an employee may take a leave of absencefrom employment in the event of the death of a child and provide for the entitlement of anemployee to a leave of absence in the event of the loss of an unbornchild;
(b) repeal the personal leave that an employee may take to treat their illness or injury;
(c) provide that an employee may earn and take up to 10 days of medical leave of absence with pay in a calendar year; and
(d) authorize the Governor in Council to make regulations to modify, in certain circumstances, the provisions respecting medical leave of absence with pay.

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

Dec. 9, 2021 Passed 2nd reading of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code
Dec. 8, 2021 Passed Time allocation for Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code

Criminal CodeGovernment Orders

December 6th, 2021 / 6:10 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I will stay away from what the member might be trying to impute with his comments.

Within the legislation, we have the 10 days of paid sick leave, and no doubt there are a number of questions regarding that. We are hopeful it will go to committee, where those questions will be posed and responded to. It is important that we recognize that Ottawa plays a strong national leadership role on this. In British Columbia, I understand the provincial NDP government is now proposing five days of paid leave.

Does the member not recognize or see the value in Ottawa implementing legislation such as this, and the positive role and impact it could have on other jurisdictions?

Criminal CodeGovernment Orders

December 6th, 2021 / 6:15 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, if that member can clearly articulate some of the questions I have expressed about this particular part of the legislation and is willing to see it split up and sent to both committees to be studied, he is absolutely right: Ottawa plays a role.

I also hear daily from constituents, who are quite frankly sick and tired of hearing an Ottawa-knows-best strategy about all aspects of public policy within this country. There certainly is a great deal of frustration with how the Liberal government seems to only call for a team Canada approach when it has failed. I am fearful that is exactly what we are starting to see as this legislation goes through the process.

Criminal CodeGovernment Orders

December 6th, 2021 / 6:15 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, we have heard a lot about urgency, about the importance of various issues. We heard about it during the election campaign and we prepared for 65 days. Considering the legislative agenda of election promises, I would like to hear my colleague's thoughts on whether Bill C-3 has come at the right time, when there are other emergencies.

Criminal CodeGovernment Orders

December 6th, 2021 / 6:15 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, my colleague from the Bloc is absolutely right. In fact, I find it tragically ironic that the day of the election was meant to be the day the House was back in session. That took weeks upon weeks, let alone the administration required to set up committees and whatnot. Even at this point, that sees us with only a few committees being set up and months of delays.

This is in addition to the prorogation the Prime Minister promised he would never do and all of that, but the Liberals will say that is simply old news and it was different because they are Liberals. Delays have cost Canadians and have probably cost Canadians' lives. I would suggest that Canadians demand leadership. They certainly have not seen it from the Liberal government.

Criminal CodeGovernment Orders

December 6th, 2021 / 6:15 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, I want to thank my colleague for recognizing his own family. It is really important to recognize the service of people serving the public.

My colleague talked about urgency, and he talked about people's lives being lost. Medical health professionals, again, have decided that people need to get vaccinated and governments need to implement paid sick leave.

We have not heard from the Conservatives when it comes to whether they support paid sick leave. Are they going to stand up for workers or are they going to let them continue to go to work sick and make that difficult choice? When it comes to vaccines, we still have not received a clear answer from them on that, either.

Criminal CodeGovernment Orders

December 6th, 2021 / 6:15 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, I find it very troubling that we would have the Liberals' coalition partners, the NDP, playing into the divisive vaccine politics we saw during the election. This caused a level of division and, quite frankly, mistrust when it comes to such an important issue and is something that should have been the definition of not political. The government decided it was more important to play politics than to do what was right for Canadians.

When it comes to the reality faced by so many Canadians, including workers, I find it rich that the NDP is standing up and saying it supports workers. Thousands of workers within my constituency are having their livelihoods shut out because of the activism of a Liberal-NDP coalition.

In fact, more Canadians decided Conservatives would be a better option than any other party in this country when it came to a plan that would get our economy working again. It is unfortunate that the Liberals would rather play politics and put people out of work than stand up for what is best for Canadians.

Criminal CodeGovernment Orders

December 6th, 2021 / 6:15 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I rise on a point of order. I was listening attentively to my hon. friend from Battle River—Crowfoot, and I thought I heard him say something very unparliamentary. I did not interrupt the course of questions and comments because I was not sure I had heard it. I would ask you, Madam Speaker, to check the record.

If our hon. colleague referred to the Minister of Environment and Climate Change as a criminal, then that does violate our rules. It is not only inaccurate; it is spurious. I do not know if it is possible at this point to get a ruling or if the Speaker heard it. It certainly was unparliamentary.

Criminal CodeGovernment Orders

December 6th, 2021 / 6:20 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

I thank the hon. member for the point of order. I did actually call upon the member, right after his speech, concerning the subject.

Criminal CodeGovernment Orders

December 6th, 2021 / 6:20 p.m.
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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, if I said anything that was not true, I unreservedly apologize.

Criminal CodeGovernment Orders

December 6th, 2021 / 6:20 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, I am very pleased to rise on Bill C-3 this evening. It is a very important piece of legislation that requires not just the attention of Parliament, but also committee scrutiny.

Let me begin by saying that I believe that Bill C-3 should have been split into two separate bills. We are dealing with two separate issues here, one as it relates to health care workers and protests outside health facilities, the other as it relates to federally regulated sick days and the provision of 10 days for federally regulated workers. I am hopeful that, when this does get to committee, it is going to get the scrutiny that it deserves.

Let me also say that we are so fortunate in central Ontario to have an incredible regional health facility. The Royal Victoria Hospital is world class in its ability to provide care, not just acute care but all kinds of care led by Janice Skot, who is the CEO of the hospital. She recently announced her retirement next year and I wish her all the best. She certainly has seen the transition of the Royal Victoria Hospital over the 17 years that she has been there into this world-class facility.

In fact, just recently I was fortunate that we were in Innisfil to talk about the expansion of the Royal Victoria Health Centre into the southern tier of our municipalities of Barrie and Innisfil. It is expected that, by the time it is fully functional, it could service up to 250,000 people a year. This is an important part of our community. It is an important part of all of the regions of central Ontario and does a great service to our communities.

I consider many of the people who work there friends of mine; doctors, nurses, great people who do terrific work and have been there on the front lines since this pandemic started with great adversity, great anxiety. I cannot imagine, at the height of the COVID-19 situation, these doctors and nurses and all of those who work in this health care facility not only having to worry about looking after the patients coming into the facility, but also having the anxiety about how to protect themselves and their families. I heard many stories of health care workers going home and changing in the garage. They had moved their washer and dryer into the garage so that they would limit the risk of potentially transmitting COVID-19 to their family members.

When vaccines came, it was a sense of relief for many health care workers. There was a challenge in the beginning. I recall having a discussion with the then minister of health, in fact I would call it an emergency meeting, when our community was running out of vaccines, not just for health care workers, but also for long-term care facilities. We can talk about anxiety. Many health care workers who were in the process of getting their second vaccine were told that their appointments had been cancelled. I called the health minister to ask her on an emergency basis if we could get the vaccines that were needed within our community not just for health care workers, but also for the long-term care providers as well.

Let us not just look at the health care workers and the work that they have done and how they should be free of intimidation and harassment in their workplace, but let us also acknowledge the long-term care workers within those long-term care facilities because they had equally anxious times during the height of COVID-19.

I want to focus on a couple of things, not the least of which is the divisive rhetoric that has gone on. We saw this at the height of the election campaign when there were not just protests in front of health care facilities, but there were also protests on the political front as well. We saw some of those protests play out on the nightly news. We saw them in health care facilities. I believe that every health care worker should be free of any form of harassment, particularly when they are going in to do the job.

How did we get here? There is this divisive rhetoric, and we are now in a position where we are talking about implementing legislation to protect health care workers when we have never been in this point before.

Obviously, we have heard through other speakers today that we have criminal legislation on the books for dealing with protests, much of which is dealt with at the local level. Regarding this divisiveness that has gone on, I certainly saw it through the election campaign. There has been misinformation, and I would suggest that there has not been enough information on the part of government to allow people to make an informed decision on the issue of vaccines. I happen to think that everybody should be vaccinated. I am vaccinated; in fact, I have my booster shot scheduled for December 19. Vaccines are an important tool in the tool box in ensuring that people are safe.

However, there are many people out there, almost five million Canadians over the age of 12, who have not received a vaccine at this point for various reasons. I have been dealing with this in my office, with people calling. They are not anti-vaxxers; they are just concerned about their health and the potential risks associated with vaccines. Perhaps they do not have enough information to make an informed decision.

This is where the role of government comes in, to provide as much information as we can to people so that they make the right decision, to get vaccinated. Many of them right now are in a position where they are at risk of their lives and livelihoods being lost and actually being unable to provide for their families.

A year ago, when we did not have vaccines, we had lots of other tools in the tool box. We were talking about rapid testing, physical distancing, wearing a mask and washing our hands. Rapid testing seems to have fallen off a cliff right now. To accommodate those who perhaps still have that vaccine hesitancy and are not getting a vaccine, it is an important tool in the tool box that we need to be using.

I talked to someone in my riding about this recently. His entire family is vaccinated at this point, but he still has that hesitancy. I am using this example among many that I have received. He was told recently by his employer, after working there for 25 years, that as of this past November 1, he would have lost his job because he was unvaccinated. He has actually been extended now to January 29, and the reason he was extended is that his company is entering into a very busy Christmas period, so it cannot afford that loss of employment. In the meantime, the company has told him that it is going to rapid test him throughout that whole process.

Therefore, he is living with the backdrop of losing his employment and, quite frankly, he is scared, because he has family, including grandchildren. That reasonable accommodation that I spoke about still needs to happen today when it comes to making sure we are reasonably accommodating those individuals who at this point have vaccine hesitancy. We can do a much better job of educating and encouraging people to get vaccinated.

The other part of this legislation relates to the federal regulation on providing up to 10 sick days. I would agree with my hon. colleagues that people should never have to choose between going to work and staying home without pay when sick. Making sure we can accommodate those people who are in the unfortunate position of making that decision needs to be addressed as well.

As it relates to federally regulated industries having this requirement, there are many collective agreements that cover sick leave, but a small percentage do not. Those collective agreements can speak for themselves when dealing with this issue, but I will be interested to see, when this goes to committee, what we hear from all the stakeholders as it relates to the sick days.

In conclusion, a tremendous amount of anxiety still exists among everyone in this country, whether they are vaccinated or not. We have to tone down the divisive rhetoric. We have to make sure that in all cases, unequivocally, we are supporting our health care workers, who are doing such tremendous work to keep us safe. However, we also have to tone down the rhetoric and make sure we educate people that it is important to be vaccinated in order to deal with this crisis.

Criminal CodeGovernment Orders

December 6th, 2021 / 6:30 p.m.
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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, the member asked how we got here, and he seemed to imply that the reason there is a lot of misinformation out there has to do with the lack of ability or desire of the government to share information. I will be the first to say that information sharing is critical, and we should always do as much as we possibly can. However, the member seems to have completely glossed over the fact that there are a lot of people who are providing misinformation and who are questioning the science.

With all due respect, he gave a very reasonable speech today, and I am so glad he got vaccinated and he is getting ready for his booster shot, but there are so many people within his own caucus that feed this misinformation. I am wondering if he has had the opportunity to look inward and have these conversations with some of the members who, quite frankly, are in his caucus and spreading—

Criminal CodeGovernment Orders

December 6th, 2021 / 6:30 p.m.
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Some hon. members

Oh, oh!

Criminal CodeGovernment Orders

December 6th, 2021 / 6:30 p.m.
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Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Could members please give other members the opportunity to ask their questions?

The hon. member for Barrie—Innisfil.

Criminal CodeGovernment Orders

December 6th, 2021 / 6:30 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, to my point about this divisive rhetoric, there is no greater example than what we just saw.

I will go ever further. The Prime Minister has fed into this divisiveness. Members may recall when earlier this year the Prime Minister said that there would be no requirement for mandatory vaccines. Then, the day before he called an unnecessary election, he said there would be a requirement for mandatory vaccines.

One thing I have found out in my life is that, the more we push people, the more they lean back. Instead of the divisive rhetoric, which we just saw a perfect example of, why are we not working with people to better educate them and encourage them even more? If they are still hesitant, why are we not accommodating them? Why are we not accommodating them even more?

Criminal CodeGovernment Orders

December 6th, 2021 / 6:30 p.m.
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Bloc

Martin Champoux Bloc Drummond, QC

Madam Speaker, I am also confused by my colleague's comments, especially on what we should do with people who are still hesitating.

I am in favour of dialogue, and I think that we must have discussions and educate people. There are scientifically proven methods for dealing with the COVID-19 virus, including mask wearing, vaccination and ventilation systems. The COVID-19 vaccine is the most tested vaccine in the history of vaccination. More than 7 billion doses have been administered around the world. The numbers from the scientific community, reliable scientific sources, show how effective the vaccine is against COVID-19. At this stage, I do not see what more it will take to convince those who are hesitating to get the vaccine. In a way, I wonder if it is a lost cause.

What does my colleague think we should do with those who are going to reject the vaccine no matter what? We are putting ourselves at risk.