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 / 1 p.m.
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NDP

Matthew Green NDP Hamilton Centre, ON

Madam Speaker, I want to thank the hon. member for Rosemont—La Petite-Patrie, who, as our labour critic, has been incredible in raising the alarm around the issue of contract flipping. One of the concerns we have about this bill is that it raises questions about the entitlement to sick days for workers subject to contract flipping.

Would the hon. member care to comment on how, in principle, workers doing essentially the same work despite a possible change in employer should have their work standards and sick leave entitlements preserved?

Criminal CodeGovernment Orders

December 3rd, 2021 / 1 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I thank my colleague, the deputy critic for labour in the NDP caucus, for this important question.

We do have concerns about this. Over the years, we have seen this issue at airports, for example. There is a void in the Canada Labour Code and when a contractor or subcontractor moves to another company, the collective agreement no longer applies. People lose their rights and their pay scales. They have to start all over again. One of the rare situations where we have seen working conditions decline in the past ten years involves this type of contract for contractors and subcontractors working at airports. We do not want the same thing to happen to the sick leave of federally regulated employees.

My colleague is absolutely right, we must protect their rights. We must clearly establish that in cases where people who are working in the health care sector for a contractor have accumulated a certain number of sick days, this bank of sick days must be transferable to the new employment contract with a new employer, so that it does not roll back to zero every time.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:05 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Madam Speaker, in British Columbia, the NDP government has already introduced a five-day sick leave regime. Obviously, the federal one is 10 days.

I would like to ask the member whether he believes the B.C. NDP's five days is too low, or the federal one is too generous.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:05 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I think there is a consensus that 10 days of sick leave is ideal. According to the Decent Work and Health Network, six to nine days of sick leave is ideal, so that employees feel comfortable and able to take them, especially considering that it often takes three or four days to recover from the flu or gastroenteritis, for example.

Earlier, we talked about leadership and the role the federal government must play in raising the bar and encouraging the provinces to do more and to work towards improving working conditions for everyone. That is our job, and we in the NDP are proud to do it here in the House.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:05 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, my colleague's speech was such an honour to hear, but also it is such an honour for me to get to work with this member, who has worked so hard for working people across this country. He spoke about how the New Democrats have said 22 times in the House that we need 10 sick days for people.

Can I ask the member why he thinks it has taken the Liberals so long to come through with that legislation?

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:05 p.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I thank my colleague from Edmonton Strathcona for her question and for the excellent work she has been doing for two years now. She now has a new mandate and I congratulate her on her re-election.

That is a very important and troubling question. We have known for six months, for a year, even for a year and a half, about the realities of the pandemic and the dangers of going to work while sick. Even though the NDP has been urging the government to do this for workers, for our public health and public safety, it took all of this time, a pointless election and a new Parliament for the Liberals to introduce Bill C‑3.

I think that—

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:05 p.m.
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Liberal

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

Order. Resuming debate.

The hon. member for Winnipeg North.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:05 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I will just continue with one of the most recent questions, as I thought it was of interest. The member just made reference to five days and 10 days. The idea of paid sick leave for workers is something that is important to all of us, and we recognize that. In fact, the member might make reference to the number of asks by the leader of the New Democrats, but he should remember that in 2019, the government actually instituted the three-day paid sick leave for workers. As it was pointed out, B.C. has seen to bring it up to five days.

One of the things the Prime Minister has consistently talked about over the last number of months, and probably from the beginning, is that we can try to learn things through the pandemic. That is why we are seeing before us the legislation that we have today. I will get into that in more detail shortly.

I wanted to start off by underlining what I think is a very important point. Everyone, whether they are a health care provider or a health care client, should feel safe when going into a health care facility. That is one of the two motivators for all of us to get behind this legislation and pass it through.

I am quite encouraged. To say it up front, in the last few days we have seen a great deal of optimism on the floor of the House of Commons. The other day, we passed the conversion therapy bill unanimously through second reading, committee stage and third reading. That could not have been done without the support of every member inside the House of Commons.

Yesterday, Bill C-2 got to the committee stage. Members recognized that it was important, because it continues to provide the supports Canadians need. This includes for small businesses, individuals and the communities we all serve. It was great to see the debate collapse and Bill C-2 go through.

This morning we have another wonderful debate taking place. From what I have heard thus far, we have had Conservatives, the Bloc and New Democrats talk positively about the legislation, believing this is the type of legislation that it would appear everyone can get behind. I can appreciate there are members who have some ideas in terms of amendments, and we will wait and see what kinds of amendments surface. I suspect there might even be some amendments today. Members are waiting for the bill to get to committee, where they will propose the amendments.

Having been a parliamentarian for a number of years, I have always thought that one of the best ways to get amendments dealt with is to share them as much in advance as one can, or do that consultation with parties on all sides of the House, making sure the department is aware of it. This is, as are the other two initiatives, a very important piece of legislation.

I reflect on the last election, and having gone through a number of elections as a candidate, I can tell members that it is not that often that we get real anger at the door. On the issue of vaccinations, what surprised me was the degree to which so many people were very upset. We could see the divisions even within a household.

I can recall at least two or three occasions when I was talking to a person at the door and the individual would be getting visibly upset. Someone else from the household would come and ultimately save the day, if I can put it that way, and lower the temperature. We have to try to get a better understanding of why that is taking place.

During the election we really started to see the protests. When I was at the doors, I would often to say to people that, whether it is members of the Green Party, the Liberals, the Conservatives or the New Democrats, we are all saying that people need to get vaccinated. All political parties, with the exception of the People's Party, were encouraging that.

People would ask about their individual freedoms, the Charter of Rights, and so forth. I suspect that, if the federal or provincial governments were denying people those basic human rights, opposition parties of at least one of the two levels would have stood on their feet to say we had gone too far. However, I am not familiar with any political party or individual member of Parliament sitting today who is saying that people should not be getting vaccinated. Yes, there are some concerns that some are not, but at the end of the day, to the best of my knowledge, I like to think that positive message is getting out.

One has to ask why the anger is out there. We need to expand upon that. What brought us to the point we are at today where that aspect of this legislation is necessary?

We can go back to March 2020, when very few people had an in-depth understanding of what the coronavirus was and its long-term impact, let alone its short-term impact. It was not that long ago when we were just told to wash our hands” Health care and science experts, at the beginning, were not saying that we had to wear masks. There was a learning curve, and it was very steep.

As we proceeded through the pandemic, we learned a great deal. Today, as a result, we find that people will continue to wear masks. I envision it will continue even after a year. Someone was saying to me that, if they were to have a cold, they would be inclined to wear a mask, as a consideration. I believe that masks will continue to be worn well into the future for different circumstances. It is not just something that will be gone two years from now.

I believe that people have a far greater understanding of why it is important to wash their hands. The 95% alcohol sanitizers are going to be selling well into the future because people will continue to use them. In the long term, this will actually save health care costs.

I used to be a health care critic in Manitoba, as well as a critic for a number of other portfolios. I would take tours of facilities, and I do not recall seeing people using the type of PPE that we have today. I suspect some of the things we are seeing now will linger into the years ahead, as it should. We have learned many measures through this pandemic.

If we look back to March of 2020, we were trying to get a better sense of the science. Health experts came together to make sure the advice they were giving to Canadians was right on the mark. That is why I consistently told people, virtually from day one, that I am not a health care expert, so the best thing they could do was follow what our health care experts were saying.

What we provided, as a government and as members of the House of Commons, was a first-class, second-to-none website presence through Health Canada, which was constantly being updated to provide the necessary information, so people could have a sense of comfort in knowing that the professionals were out there and there is a science to this. By clicking in, or by phoning their member of Parliament, Canadians could get an understanding of what was taking place and be brought right up to date. Provincial and territorial entities across the country, in all regions, also did likewise.

The problem was false news and people intentionally spreading misinformation. This is what fed into the whole anti-vax mentality. It somehow gave additional strength to anti-vaxxers. I was concerned when we started seeing rallies with people being bold enough not to wear masks in situations where there was a high concentration of people. People were coming together without masks to say that vaccinations were not the way to go. I would suggest that to think that did not have an impact would be wrong.

That is why each and every one of us has a role to play. The outcome of that misinformation, which provided an empowerment of sorts to those anti-vaxxers, was that it enabled them to espouse garbage, which is the best word that comes to my mind. We started to see protests. Let us imagine, if we can, some of the most vulnerable in society, the sick in a hospital facility, or those wanting to visit them, as there were limitations, and there were people protesting, making it more difficult for them.

Health care workers have really stepped up, working long hours and overtime, some of which was never ever claimed. Many health care workers got into that profession not because of the money, but because they truly care about the health and well-being of people. They want to contribute.

Those health care workers, and I am using that in the broadest terms, as I am talking about the cooks in our hospitals and the workers who kept our hospitals and long-term care facilities open, as well as the registered nurses, doctors, nurse practitioners, nurses aides and lab technicians, saved thousands of lives. All those wonderful people ensured Canada's population was, as much as possible, being provided the services that were absolutely critical to getting through this crisis situation. They prevented thousands more from ever having to go into ICUs. They were there, providing advice so people could ensure they could minimize the chances of people getting the coronavirus in the first place, whether it was testing, bed care in an ICU or the care provided in a long-term care facility. These are the heroes who took us through the pandemic.

I find it appalling that there are some in society who would actually protest people's entry into facilities, and the screaming and the yelling that was taking place. Whether they were protesting health care providers and workers, patients or visitors, they need to really reflect on that behaviour. We have to think about the roles we all play. During the election, there was no hesitation in my mind. When people would bring up the issue, I was right there, recognizing that people should not be protesting in the manner in which they were protesting. It was not right. Canadians recognized that, and this legislation deals with an important election promise.

I see I only have two minutes to go, and I have not even talked about the 10 days' paid leave. I am going to hop right over to that and maybe address more on it during questions and comments.

The federal government, a couple of years back, brought in three days of paid leave. In the last 18 months, the Prime Minister said to Canadians, and to Liberal members in Parliament on so many occasions, that we need to build back better, and this is a good example. Let us take a look at what Bill C-3 is doing. This is giving more social benefits to workers in Canada. This is something that is very strong and positive, and all of us should get behind it.

People who are sick should not have to go to work. This extends what we previously did in 2019. It was nice to hear that B.C. is following suit. If Ottawa were to pass this legislation, I do believe it would send the positive message to our provinces and territories that we could have better labour laws. If the provinces and territories get onside and support this type of legislation, then all workers in Canada, not the minority but all workers, would be able to benefit.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:25 p.m.
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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Madam Speaker, it is always a pleasure to hear my hon. colleague stand up in this House. There was an interesting point that he did bring up and that was the issue of false information. During the election campaign, the finance minister and deputy leader of the Liberal Party was found to have engaged in false information on Twitter. In fact, she was marked as having manipulated the media for spreading falsehoods against her political opponents.

I wonder if he has a comment about that.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, due to the wonderful mood earlier in the chamber, I was not going to use this quote, but I would like to share it with the member based on his question and the heckling he gave earlier.

On Wednesday, Premier Heather Stefanson, Manitoba's new Progressive Conservative premier stated:

I've been very clear about where we're going with this, I have indicated that to cabinet and caucus,...

It's up to them.

The vaccination mandate will coincide with the day that everyone entering the Manitoba Legislature must be fully inoculated.

To solve the problem with the ultimatum to all MLAs, they should either get vaccinated by December 15 or be removed from her caucus and cabinet. That is the type of leadership that I think is important for all elected people to take.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:30 p.m.
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Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Madam Speaker, it is always a pleasure to hear the eloquent speeches given by my colleague from Winnipeg North, who, in the midst of the pandemic, has reminded us of the importance of disinfecting our hands with Purell or another liquid sanitizer.

To come back to a more serious subject, the Bloc Québécois believes that workers' rights are important and incontrovertible. However, this bill mainly proposes changes to the Criminal Code.

I would like my colleague from Winnipeg North to assure me, very clearly and very plainly, that workers will still have the right to protest near health care facilities.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:30 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, absolutely there will be opportunities for people to conduct peaceful protests. We do live in a democratic society and it is important.

The member made reference to labour laws. Virtually from day one, this government has brought forward positive labour legislation. As a government, we support workers in Canada. I think that, not only from a legislative perspective but also from a budgetary perspective, ample examples can be found that show how the government supports labour in Canada.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:30 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, at the beginning of the pandemic and throughout the pandemic, we heard very clearly from medical health professionals. They said that there are two things that are of top priority to protect the health of people in our communities: to get vaccinated and to have governments bring forward paid sick days, so that employees are not infecting colleagues when they go to work or having to make a difficult choice between paying their bills or going to work.

It is great to hear the minister today talk about seeing the light and it is good to hear Conservatives, the official opposition who sat on their hands on this issue, finally getting on board.

The CBC cited that 100,000 women have actually completely left the work force; 10 times that of men. We know there are many reasons for that, including the lack of child care and social supports for women throughout the pandemic that have surfaced.

One thing we know, and hopefully my colleague can agree, is that many women will be coming back to work in precarious jobs. They are going to be coming back on contract. Many will not meet the 11-month threshold, so they will not be able to get a full 10 days of paid sick leave when they come back to work.

Does the member agree with the fact that it is going to take workers 11 months to access the full 10 days of paid sick leave will disproportionately impact women even more? They are already facing challenges, while being at a greater risk of skills erosion and potentially hampering their ability to get rehired. Women will also have to face a transition to different roles in the economy, as a result of them disproportionately being impacted by COVID-19.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:30 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, given the general will and sense of co-operation in the House, I am very optimistic that the bill will pass and go to committee, where I am sure the critic for the NDP will no doubt be raising this issue in more detail. There will be a more detailed answer there.

Suffice it to say that the government brought in paid sick days in 2019. The provincial NDP government in B.C. recently followed with five days, as opposed to the three days we suggested, which is fantastic. Now this government has made a commitment to bring it to 10 days. That is a good thing for workers, particularly in B.C. but also across Canada.

Criminal CodeGovernment Orders

December 3rd, 2021 / 1:30 p.m.
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Liberal

Han Dong Liberal Don Valley North, ON

Madam Speaker, I listened to my great colleague and friend, the member for Winnipeg North, debating on the bill. He brought me back to the days during the campaign when we saw vicious attacks on health care workers coming from protesters. We all saw the protests on television.

In my riding of Don Valley North, we did not witness any of those gatherings, but at the door I did have conversations with some anti-vaxxers. Some of them were friendly and sophisticated and some were very angry, so I can understand what the member was talking about.

It also took me back to the news stories in which we saw that the Liberal leader had been targeted and was fighting a battle on two fronts: first with the opposition parties and the election, and also with the protests. Sometimes the opposition volunteers were disguised as protesters, or vice versa.

Now, when I read the bill I see that we will recommend increased penalties for those who commit this crime in the future. Would this be a good opportunity to educate the public at large on the severity of their actions, should they choose to target health care workers?