Evidence of meeting #184 for Finance in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was proposed.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Manuel Dussault  Senior Director, Framework Policy, Financial Sector Policy Branch, Department of Finance
Justin Brown  Director, Financial Stability, Financial Sector Policy Branch, Department of Finance
Peter Fragiskatos  London North Centre, Lib.
Yuki Bourdeau  Senior Advisor, Capital Markets Division, Financial Sector Policy Branch, Department of Finance
Eleanor Ryan  Director General, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance
Jean-François Girard  Director, Consumer Affairs, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance
Brigitte Goulard  Deputy Commissionner, Financial Consumer Agency of Canada
Kim Rudd  Northumberland—Peterborough South, Lib.
Mark Schaan  Director General, Marketplace Framework Policy Branch, Innovation, Science and Economic Development Canada
Ian Wright  Director, Financial Crimes Governance and Operations, Department of Finance
Darryl C. Patterson  Director, Corporate, Insolvency and Competition Policy Directorate, Marketplace Framework Policy Branch, Department of Industry
Martin Simard  Director, Copyright and Trademark Policy, Marketplace Framework Policy Branch, Department of Industry
Andrea Flewelling  Senior Policy Advisor, Marketplace Framework Policy Branch, Department of Industry
Patrick Blanar  Senior Policy Analyst, Patent Policy Directorate, Department of Industry
Dale MacMillan  Vice-President, Corporate Services and Chief Financial Officer, National Research Council of Canada
Christopher Johnstone  Director General, National Programs and Business Services, National Research Council of Canada
Eric Grant  Director, Community Lands Development, Lands and Environmental Management, Lands and Economic Development, Department of Indian Affairs and Northern Development
Leane Walsh  Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
Susan Waters  Director General, Lands and Environmental Management Branch, Lands and Economic Development, Department of Indian Affairs and Northern Development
Michèle Govier  Senior Director, Trade Rules, International Trade and Finance Branch, Department of Finance
Katharine Funtek  Executive Director, Trade Controls Policy, Department of Foreign Affairs, Trade and Development
Bev Shipley  Lambton—Kent—Middlesex, CPC
Nicole Giles  Director, International Trade and Finance, Assistant Deputy Minister's Office, Department of Finance
Deirdre Kent  Director General, International Assistance Policy, Department of Foreign Affairs, Trade and Development
Mark Lusignan  Director General, Grants and contributions Management, Department of Foreign Affairs and International Trade (International Trade)
Michelle Kaminski  Director, Office of Innovative Finance, Grants and Contributions Management, Department of Foreign Affairs, Trade and Development
Chantal Larocque  Deputy Director, Development Finance, Grants and Contributions Financial Policy, Foreign Affairs Canada
Danielle Bélanger  Director, Gender-Based Analysis Plus and Strategic Policy, Policy and External Relations Directorate, Status of Women Canada
Alison McDermott  General Director, Economic and Fiscal Policy Branch, Department of Finance
Derek Armstrong  Executive Director, Results Division, Expenditure Management Sector, Treasury Board Secretariat
Lori Straznicky  Executive Director, Pay Equity Task Team, Strategic Policy, Analysis and Workplace Information, Labour Program, Department of Employment and Social Development
Don Graham  Senior Advisor to the Assistant Deputy Minister, Compensation and Labour Relations Sector, Treasury Board Secretariat
Bruce Kennedy  Manager, Pay Equity Task Team, Labour Program, Department of Employment and Social Development
Richard Stuart  Executive Director, Expenditure Analysis and Compensation Planning, Expenditure Management Sector, Treasury Board Secretariat
Colin Spencer James  Senior Director, Social Development Policy, Strategic and Service Policy Branch, Department of Employment and Social Development
Andrew Brown  Director General, Employment Insurance Policy Directorate, Skills and Employment Branch, Department of Employment and Social Development
Barbara Moran  Director General, Strategic Policy, Analysis and Workplace, Labour Program, Department of Employment and Social Development
Rutha Astravas  Director, Employment Insurance Policy, Special Benefits Policy, Department of Employment and Social Development
Charles Philippe Rochon  Senior Policy Analyst, Labour Standards and Wage Earner Protection Program, Workplace Directorate, Department of Employment and Social Development

8:50 p.m.

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

I'm going to touch on that, because that both comforts and worries me.

Is the legislation broad enough, or do we have to go back every time and define the certain situation where that's applicable?

November 5th, 2018 / 8:50 p.m.

Senior Policy Analyst, Labour Standards and Wage Earner Protection Program, Workplace Directorate, Department of Employment and Social Development

Charles Philippe Rochon

The legislation is fairly broad in terms of the wording.

Part of the reason, of course, is that if it were overly prescriptive, it can become very difficult to administer afterwards.

The objective at the end of the day is to give enough flexibility, but to make sure there are some clear limitations in terms of those exceptions so that they couldn't be abused and that employees would benefit from protections.

I should probably add, as well, that there will also be regulation-making powers added as part of this. If needed, there may be a possibility, through regulations, to further specify the circumstances that are subject to exceptions or not.

8:55 p.m.

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Of course.

If you look at just-in-time inventory management, just-in-time manufacturing supply chains, a 96-hour period, literally, is relevant enough for firms to bring products in and ship them across the world two or three times within that time frame. I hope we're not bringing in something where the principle may be good, but the legislation is so narrow that it impacts us.

I'll stop here, in case some of my other colleagues want to jump in.

8:55 p.m.

Liberal

The Chair Liberal Wayne Easter

Are there any other questions on this section?

Seeing none, I will turn to subdivision B.

I believe it's you, Ms. Baxter or Mr. Rochon, whoever wants to go.

8:55 p.m.

Senior Policy Analyst, Labour Standards and Wage Earner Protection Program, Workplace Directorate, Department of Employment and Social Development

Charles Philippe Rochon

I'll deal with that. Thank you, again.

This is to talk about subdivision B of division 15, and clauses 535 to 625.

The purpose of these amendments is to adjust part II, “Occupational Health and Safety”; part III, labour standards; and the new part IV, administrative monetary penalties of the Canada Labour Code.

This is to provide for the designation of a new head of compliance and enforcement by the Minister of Labour.

The head of compliance and enforcement would exercise the powers and perform the administrative duties and functions that are currently conferred on inspectors, regional directors and the Minister of Labour by the code. The head of compliance would have the authority to delegate to any qualified person or class of persons any of those powers, duties and functions, and to make that delegation subject to any terms and conditions that the head of compliance and enforcement considers appropriate.

Now, although the head of compliance and enforcement will be responsible for the day-to-day administration of the code, the Minister of Labour will still have some well-defined responsibilities under the code. That includes a number of things, including recommending regulations to the Governor in Council, appointing advisory committees, and dealing with any prosecution, so consent to prosecution. The minister could also impose any terms and conditions on the head of compliance and enforcement's delegation powers.

The minister would retain ultimate authority for the administration and enforcement of the code, should no head of compliance and enforcement be designated.

First, you have to understand that improving client service is the main objective. We want to reduce the time required to process labour standards complaints and to more quickly resolve occupational health and safety issues.

How will this be achieved? The designation of a new chief of compliance and enforcement, with the ongoing support of the labour program inspectorate, will make it possible to improve monitoring and consistency in program delivery, offer greater operational flexibility, for example by delegating certain duties to the best level possible, and provide greater harmony among the various parts of the Code. The goal is for parts II and III of the Code, and the new part IV, to include similar administrative measures and delegations, which can be problematic right now owing to the different systems in place.

This measure is also in response to the longstanding recommendations of the Federal Labour Standards Review Commission, which issued a report in 2006 that called for a more consistent approach to the compliance and enforcement activities of the labour program.

All of the amendments contained in this subdivision, just to be clear, are related to the new head of compliance and enforcement. These are technical changes. They do not change the obligations, responsibilities or rights of employees or employers. They should have no direct impact on any stakeholders, albeit perhaps improved client service.

Just to clarify, because it is fairly long—there are a good number of pages on these amendments—for the most part the amendments are aimed at simply replacing wording. Where we talk about inspectors, regional directors, the minister, this subdivision replaces those with the new head of compliance and enforcement. It is lengthy, but it is really dealing with a relatively limited technical change to the legislation.

Thank you.

8:55 p.m.

Liberal

The Chair Liberal Wayne Easter

Do we have any questions on this subdivision? Hearing none, I'll leave it at that.

I hate to do this to you, Ms. Baxter, but we have a hard stop at nine o'clock, and we have only division 16 left, which you're involved in, on the Wage Earner Protection Program Act. Tomorrow afternoon we have the minister from 3:30 p.m. to 5 p.m., and we have officials from 5 p.m. to 6 p.m. We can deal with this subdivision right after the minister at 5 p.m. The officials we have between 5 p.m. and 6 p.m. are from the department and are in relation to estimates.

We'll deal with division 16 tomorrow around five o'clock.

Thank you very much for your presentation.

The meeting is adjourned.