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 3rd, 2021 / 10 a.m.
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St. John's South—Mount Pearl Newfoundland & Labrador

Liberal

Seamus O'Regan LiberalMinister of Labour

moved that Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code, be read the second time and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

I am proud to rise in the House today on the traditional territory of the Algonquin Anishinabe people as Canada's new Minister of Labour to present a bill that is focused on workers and their safety.

The reality is that the safety of many workers across Canada was undermined during the pandemic. I am sure everyone agrees. However, Canadians deserve to feel safe in their workplaces.

No one should have to choose between staying at home when they are sick and being able to afford rent and groceries. It is clear the pandemic has exposed the gaps in our social safety net, and the time has come to close the gap on paid sick leave.

What exactly is this gap? The Canada Labour Code currently provides employees in federally regulated industries with several unpaid leaves related to personal illness or injury, as well as three days of paid personal leave that could be used to treat an illness or injury. However, if we look at the year 2019, Canadian workers took an average of 8.5 days of leave for illness and issues related to a disability. It has become very clear that three days is just not enough.

With Bill C-3, we are taking measures to ensure that Canadians who work in federally regulated industries have access to the paid sick leave they are entitled to.

The Government of Canada is introducing legislation that would amend the Canada Labour Code to provide 10 days of paid sick leave per year to workers in the federally regulated private sector. The impact of this could be huge.

There are approximately 18,500 employers in federally regulated industries. That includes federal Crown corporations and certain activities on first nations reserves. Together, they employ nearly a million Canadians. The vast majority of them, some 87%, are working in medium-sized to large firms, that is, companies with 100 employees or more.

The federally regulated sector comprises workplaces in a broad range of industries, including interprovincial, air, rail, land and marine transportation, pipelines, banking services, and postal and courier services. These are industries that people rely on every day.

Life during the pandemic has been stressful for so many people right across Canada. I think of my fellow Newfoundlanders who were worried about food and other goods because of the fear that the island supply chain could be cut off. Sometimes it was due to weather, but other times it was due to the terminals in Port aux Basques and North Sydney being closed after already being on limited capacity because of COVID.

These industries must survive and grow. They depend on workers, so we have to support those workers.

The bill before us today not only allows workers in these vital industries to stay home to rest when they are sick, but also prevents the spread of illnesses in their workplaces. More specifically, Bill C-3 would amend part III of the Canada Labour Code to make two changes.

First, in each calendar year, employees would earn one day of paid leave per month of continuous employment, up to a maximum of 10 days in a calendar year.

The second change is to avoid duplicating paid leave provisions relating to illness or injury under the Canada Labour Code. These two changes would impact more than 580,000 employees in the federally regulated private sector who do not currently have access to at least 10 days of paid sick leave. Sixty-three per cent of federally regulated workers do not have access to 10 paid sick days.

Increased paid sick leave would support employees by protecting them in three ways.

First, paid sick leave would protect workers' income. Workers would not have to choose between staying home to get well and earning a paycheque.

Second, it would protect their jobs.

Third, it would protect their health. Additional sick leave would enable them to recover at home, which would in turn protect others in the workplace.

To sum up, we are taking action to give workers and employers the concrete support they need to keep their workplaces safe. Paid sick leave will help us curb the spread of COVID-19 and other illnesses in workplaces right across the country, and it is an important step toward finishing the fight against that virus and ending the global pandemic.

In addition to enabling workers to focus on their health and limit the spread of disease, paid sick leave would also protect our economy.

However, the benefits do not end there. Research indicates that not having access to paid sick leave is associated with high employee turnover. That is on top of increasing an employee's need for health care resources over the long term. These outcomes impose economic costs on individuals, employers, families and the government.

Studies have shown that paid sick leave is financially beneficial to employers and the public health system.

For these reasons, it is clear that the bill before us today should move forward. Paid sick days for federally regulated workers was part of the Liberal platform in the last election. We committed to introducing this piece of legislation within our first 100 days as a government. Today we have made good on that promise.

Introducing 10 days of paid sick leave is just step one of our plan.

We want to see paid sick leave implemented across the country in all sectors. To do that, we need to work with the provinces and territories to take an approach that benefits Canadian workers from coast to coast to coast, because 58% of workers across the country currently do not have access to any paid sick leave.

This brings me to the other aspect of the Government of Canada's commitment. In addition to the measures I mentioned earlier, the Government of Canada will meet with the provinces and territories to discuss a plan to legislate sick leave across the country. Of course, this would be done while respecting jurisdiction and keeping the unique needs of small business owners top of mind.

Today, not every province and territory has paid sick leave provisions. In fact, only Prince Edward Island and Quebec currently have permanent requirements for employers to provide paid sick leave. That being said, British Columbia has recently finished consultations on creating regulations to define a minimum entitlement to five paid sick leave days for personal illness or injury.

It varies from one place to another. For example, back home in Newfoundland and Labrador, there are seven unpaid days of leave for sickness or family responsibilities, and that is after 30 continuous days of employment with the same employer. However, right across the Cabot Strait, in Nova Scotia, workers are entitled to three unpaid days of leave because of the sickness of a child, parent or family member, or for medical, dental or other similar appointments during working hours.

The number of days and the terms are very different depending on where one lives, but it should not be that way. Provisions governing paid sick days directly related to COVID‑19 also differ significantly depending on where one lives.

During the pandemic, British Columbia, Manitoba, Ontario and Yukon introduced temporary paid leave provisions for reasons related to COVID-19 and employer rebate programs to offset the cost of the leave. The number of days eligible for reimbursement and the maximum amount available for reimbursement varies in each of the jurisdictions. These programs require employers to pay regular wages to their employees during the leave period but also to apply for reimbursement to the provincial or territorial government afterward. As the economy continues to recover from the impact of the pandemic, some of the provincial programs have already expired, while others are set to expire at the end of this year.

Again, the COVID-19 pandemic has brought the issue of paid sick leave to light. As we move through these challenging times, we have a responsibility to make sure that all Canadians have access to paid sick leave. This is essential to Canada's economic recovery and will help reduce the spread of the virus.

The government is well aware that the changes proposed today would have an impact on the provinces and territories and on employers, especially smaller businesses. Consultation with the provinces and territories is essential, especially when it comes to the unique needs of small business owners and to local realities.

As we move forward with these changes, federally regulated employers and employees as well as other relevant organizations will continue to be valuable partners. They will have the opportunity to share their views on how we should move forward together to implement the proposed changes and what considerations need to be taken into account. With important legislation such as Bill C-3 before us today, the Government of Canada collaborates closely with partners because they know the realities on the ground better than we do.

The Government of Canada is working hard to build back better and bring us out of the COVID-19 crisis. Ensuring that Canadians have access to paid sick leave is an important step in Canada's economic recovery and reducing the spread of the virus.

Paid sick leave can help to stop the spread of illness in workplaces across the country. We are taking action to give workers the support they need to help keep themselves and their workplaces safe and healthy. Bill C-3 can help us do that.

As I said at the beginning of my remarks, this bill is about workers and their safety. As has been the case with workers' issues throughout Canada's history, no one has been as effective or shone a clearer light on the importance of this topic than organized labour and Canada's unions. I want to specifically thank these groups, whether they be provincial labour federations, individual members of a local, or national leaders themselves, for the work they have done to make this idea a reality.

Hard-working Canadians across the country are counting on us to make these necessary and important changes. Let us do this for them.

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:15 a.m.
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Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Madam Speaker, as this is the first time I am rising in the House, I want to thank the citizens of Chatham-Kent—Leamington for allowing me the honour and privilege to represent them. I also want to thank my family, my EDA and all the volunteers for their support.

I certainly agree with the minister that the pandemic has exposed a number of weaknesses in our social security systems. However, why are we a year and a half into the pandemic before we see this form of legislation?

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:15 a.m.
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Liberal

Seamus O'Regan Liberal St. John's South—Mount Pearl, NL

Madam Speaker, we are here now and we are doing it. When the pandemic hit, the government acted very quickly and decisively through a lot of temporary programs, most notably the CERB, which went directly to people to give them the supports they needed directly when they needed them.

As the hon. member pointed out, the pandemic did point out some significant gaps in the social safety net. One of them, of course, was the fact that 58% of workers in this country do not have any paid sick leave. These are people who are capable of carrying the virus, bringing it to their workplaces, propagating it and endangering others. It is just as much a problem for them as it is for anybody who has paid sick leave. It does not matter; the virus does not discriminate. It is therefore incredibly important that we close that gap and that we do it now.

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:15 a.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I thank the minister for his speech. The Bloc Québécois, on the whole, supports this bill.

I would like to point out to the House that, once again, Quebec has taken the lead on introducing this kind of legislation, including banning demonstrations in front of facilities that provide medical treatment. Still, I am glad the federal government is following Quebec's lead.

I do, however, have some concerns about protecting the rights of unionized workers. As everyone knows, the right to strike in Quebec is protected by anti-scab legislation that does not exist elsewhere in Canada. This bill is perhaps a bit vague when it comes to health care employees' right to protest.

I would like some clarification from the minister on this. Will there be specific details regarding the right of unionized workers to take part in protests?

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:15 a.m.
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Liberal

Seamus O'Regan Liberal St. John's South—Mount Pearl, NL

Madam Speaker, we worked very closely with justice officials to make sure that we incorporated and protected union members' right to strike and to demonstrate. Members will note that the legislation as drafted specifically refers to intimidation and obstruction of health care workers. That is where we define that line.

It is incredibly important that we get that balance right. What this bill does, on that note, is give law enforcement members the tools they need so that there will be no hesitation. They can do what they need to make sure that health care workers get the support they need, are not intimidated and are not obstructed.

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:15 a.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I thank the Minister of Labour for his speech. I also want to thank him for the content of this bill.

The NDP obviously welcomes this type of bill, since the idea came from the NDP. In 2020, the leader of the NDP asked the Liberal government 22 times to bring in 10‑day paid sick leave. He was told no at the time.

The Liberals finally saw the light. Unfortunately, this comes as we are in the midst of the fourth wave. We have lost 18 months, and that has jeopardized the health and safety of health care workers.

It is all well and good that this measure is being brought in today, but, in the midst of a pandemic, why were the Liberals so slow to realize that this is a health issue not just for workers, but also for the entire population and society?

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:20 a.m.
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Liberal

Seamus O'Regan Liberal St. John's South—Mount Pearl, NL

Madam Speaker, what can I say? Being in the light is a marvellous thing. Here we are, in the light together. We do not have to go toward the light. I am just saying we are basking in it. The important thing, I think, is that we are here now and we are doing it. We do not have to get into past history. I do not think we need to conjure any of that up. Most of mine is well known.

I would say that the pandemic exposed these gaps. We put in place some temporary measures that we knew were very important at the beginning of this. The supports went directly to workers. We knew at the beginning we had to act fast, and we did act fast. Now we have an opportunity, as we are finishing this fight against COVID-19 and as we recognize there may be other threats on the horizon, to make permanent the necessary changes to the social safety net and to make sure those gaps are closed.

This legislation today is an important part of that effort.

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:20 a.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, I appreciate the opportunity to thank my riding for the opportunity to represent them again and for the incredible support I had during the campaign. I am grateful to be able to ask the minister a question today, specifically on this bill.

We know that COVID has been hard on so many people and businesses, and he would know best, I think. My riding would like to know this. Will this impact subcontractors and contractors who are hired to work on behalf of the government in different areas that are independent? They need to prepare, as they have faced the challenges of COVID as well and are trying to get back their feet.

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:20 a.m.
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Liberal

Seamus O'Regan Liberal St. John's South—Mount Pearl, NL

Madam Speaker, this will all be brought to bear within the consultations that will take place as we move forward and develop a national action plan with provinces and territories, with a particular note on small business owners. There are, as I have pointed out, some 15,000 employers within federal jurisdiction, so it is incredibly important that we are sensitive to their needs. They have borne incredible expense and anxiety over the course of the pandemic. Making sure we get that right is incredibly important. That will all be borne out as we flesh out a national action plan that also, importantly, respects the jurisdictions of provinces and territories.

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:20 a.m.
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NDP

Matthew Green NDP Hamilton Centre, ON

Madam Speaker, I rise today to capitalize on the good minister's basking in the light.

We have heard much conversation in the House about collaboration. I have to share with members that our labour critic, the hon. member for Rosemont—La Petite-Patrie, and of course our entire caucus has been calling on this government to improve the bill by ensuring that workers do not have to wait 11 months for 10 paid sick days, and ensuring that workers have access to the first day of sick leave after a continuous period of employment of at least 60 days. This is with the goal of not unduly delaying access to the first day of sick leave.

There are many ways in which we can improve the bill before us, and I am hopeful that the good minister, in basking in the light, will work with the NDP caucus to close the gaps in the very porous first draft of this legislation.

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:20 a.m.
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Liberal

Seamus O'Regan Liberal St. John's South—Mount Pearl, NL

Madam Speaker, did the hon. member say “porous first draft”? I think the light is dimming.

We have had good conversations with members in the House. We are having a constructive debate today, and I look forward to continuing these conversations as we move this bill forward.

One thing that is clear is that everyone I have spoken to and everyone I have heard from has agreed that we have to get moving on this. That means getting this bill passed. Paid sick leave is a part of what I think will help us finish the fight against the pandemic and prepare us for our needs ahead.

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:25 a.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, it is a beautiful place that I come from.

Today is a very important day. As my colleagues have noted, we have been calling for this. Our leader has raised it in the House of Commons over 22 times. The NDP knows full well that people are going to work sick and are not getting the coverage they need.

My colleague for Hamilton Centre just articulated that changes to the bill are needed. We have heard from many medical associations and employers about the requirement for a medical certificate from people who may have contracted COVID-19. The concern is that the power of requiring a medical certificate, regardless of the number of days, is going to be a barrier. This is something they are raising.

Does the minister not believe that this requirement may decrease the demand for leave and increase the possible transmission of COVID-19, especially now that we are in a fourth wave and new variants are imposed upon us?

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:25 a.m.
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Liberal

Seamus O'Regan Liberal St. John's South—Mount Pearl, NL

Madam Speaker, I would simply say that getting the balance right between employers and employees, making sure that this is constructive, making sure that we do not spread the virus, and making sure that workers who suffer symptoms do not hesitate to stay home and not go to the workplace is something we will continue to strive and to work for.

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:25 a.m.
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Conservative

Scott Aitchison Conservative Parry Sound—Muskoka, ON

Madam Speaker, may I request unanimous consent to split my time this morning?

Criminal CodeGovernment Orders

December 3rd, 2021 / 10:25 a.m.
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Liberal

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

All those opposed to the hon. member's motion will please say nay.

Hearing no dissent, please proceed.