Good afternoon, and thank you for this invitation.
Today, I'm basically going to talk about part 5, division 32 of Bill C‑19.
The CSQ represents approximately 200,000 members, about 125,000 of whom work in the field of education, including higher education. It is the most representative organization for this sector in Quebec. It also has 11 federations, which in turn represent some 240 affiliated unions, and the Association de retraitées et retraités de l'éducation et des autres services publics du Québec, AREQ. The CSQ also plays a role in health and social services, early childhood educational services, municipal services, recreation, and culture, as well as the community and communications sectors. In short, it is everywhere in Quebec.
A few days ago, we told Ms. Qualtrough, the Minister of Employment, Workforce Development and Disability Inclusion of our concerns about division 32 of part 5, in Bill C-19, which is about the Employment Insurance Board of Appeal and the Social Security Tribunal, commonly referred to as the SST. We asked her to remove division 32 of part 5 from the bill so that it could be analyzed separately.
The SST was established in 2013 to serve as a one-stop shop to replace four administrative tribunals, including the arbitration boards. Before that, tripartite boards made decisions at the first appeal level for employment insurance clients. This provided better access to justice and the participation of community representatives familiar with the labour market in their region. The appeal structure went from a three-member tribunal, which was viewed as a trial by one's peers, to a single decision-maker who was often remote from the appellant and that person's living and working environment.
In 2019, the government announced in a news release that, further to a recommendation made by KPMG in its report on the review of the SST, reforms would be undertaken. These included a return to the tripartite system to begin in April 2021. The government assured us that people would be at the centre of the appeal process, which would become faster, simpler and better suited to the needs of Canadians. The announcement also said that community stakeholders would be consulted. This did not happen, however, despite our many efforts to remind the departments of our full cooperation.
Bill C‑19 provides that the SST would report solely to the Commission's commissioner. And yet, it is essential that the structure be tripartite to ensure proper monitoring of how the union representatives and employers are deployed and trained to perform their duties within the Board of Appeal, which would not really be tripartite unless the social partners take part directly in the selection and appointment of member workers and employers.
In addition, the right to regional representation and an in‑person hearing is not found in Bill C‑19. The necessary reforms were to be flexible and client-centred. Genuine access to an in‑person hearing was recognized as an essential feature of any reform of the employment insurance appeal process. The presence of members of the tribunal with expertise and knowledge of local markets is essential.
The composition of the Board of Appeal also provides two types of status: full-time members of the tribunal appointed by the Governor in Council, and part-time members from the employers or insured persons, appointed by the commission. This different status is of concern to us because it necessarily leads to inequity between members, in addition to a different hiring status. The full-time members will have status as employees of the public service, strengthened by the fact that they will be the only ones eligible to hold the position of chair, vice chair and coordinating member. The inequity is obvious.
In short, we would have liked to have been consulted beforehand and to have had the opportunity to contribute to the development of the appeal process. The provisions included in Bill C‑19 do not reflect what was suggested and proposed by the government at the beginning of the process. Of course we understand the delays caused by the health crisis, but that should not have prevented consulting the social partners on such an important matter. If no changes are made to the provisions in the bill, we believe that they should be withdrawn and studied separately.
Thank you very much for hearing me out.