Thank you, Chair. I'm quite sure that I have colleagues beside me who would also like to speak to this. I hope you will permit them the same privilege that you've given me. I do appreciate it.
We are now under proposed subsection 1(1), which provides a definition of “essential service”. The existing definition, under subsection 4(1) of the Federal Public Sector Labour Relations Act, says:
4(1) The following definitions apply in this Part. essential service means a service, facility or activity of the Government of Canada that has been determined under subsection 119(1) to be essential. (services essentiels) essential services agreement [Repealed, 2013, c. 40, s. 294] mediator means a person appointed as a mediator under subsection 108(1). (médiateur) National Joint Council [Repealed, 2017, c. 9, s. 4] parties, in relation to collective bargaining, arbitration, conciliation or a dispute, means the employer and the bargaining agent. (parties) public interest commission means a commission established under Division 10. (commission de l’intérêt public)
National Joint Council means the National Joint Council whose establishment was authorised by the order in council dated May 16, 1944.
Chair, the new provision, proposed under Bill C-62, is that the very clear definition of “essential service” will be changed substantially. The new provision would say:
1(1) The definition essential service in subsection 4(1) of the Federal Public Sector Labour Relations Act is replaced by the following: essential service means a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for the safety or security of the public or a segment of the public. (services essentiels)
Chair, I'm trying to understand where we are and where the government wants to take us in Bill C-62.
I think the definition that we have right now is actually much clearer, and it's important that legislation be clear, that we as legislators understand what it is, and that arbitrators understand what the intent of the legislation is.
For example, on the government web page, Government of Canada Guidelines for Essential Services Designations, under the heading “What is an essential service?”, it says, “...an 'essential service' is defined as 'any service, facility or activity of the Government of Canada [that] is or will be necessary for the safety or security of the public or a segment of the public.' ”
Chair—surprise—that is the exact wording of Bill C-62. Should the government make the changes to their website prior to the passing of Bill C-62? I think not. That is a concern, but they have already made those changes.
It goes on to explain, “Examples of government services or activities that may be considered essential include, but are not limited to: border safety/security...”.
Chair, I have heard again the importance of clarity and definitions, and this is the foundation...a definition of what we are talking about. In terms of border safety and security, we are seeing problems at the border. The fact is that I had a border officer approach me who did not want to be named because he works for the Government of Canada. He was very concerned that there are people being moved from our ports of entry to deal with the influx of illegal immigration and refugees who are going between the legal points of entry.
Is that an essential service? I believe it is, but that essential service is being pressured because of decisions of the government to advertise on Facebook, Twitter, and whatnot that you can enter Canada illegally and then move to the front of the line. I don't think that's fair, and I wish the government would change their messaging on illegal border crossing.
Chair, the next one on the list of essential Government of Canada services is Correctional Service Canada. For our federal institutions that are an essential service, it is extremely important that we make sure anybody who is serving federal time in a penal institution is kept locked up, and that it is properly supervised and managed.
Chair, under the Correctional Service we have minimum, medium, and maximum security institutions. In our riding, we have all of them. These are all for sentences that are for two years and more. Two years less a day would be served in a provincial or territorial institution.
When I say they are in an institution during a warrant period, during their sentence, if it's less than two years, then it would be provincial or territorial, but we're dealing with much more serious crime, usually an indictable offence. There are summary and indictable convictions. I won't digress about Bill C-75 that wants to make youth terrorism a summary conviction with a fine instead of being a serious indictable offence for which they could do some federal time if appropriate, but the Correctional Service is essential to keeping Canadians safe.
The next one is food inspection activities. How important is it to make sure that the food in Canada is healthy and good? It is essential—I think we would all agree with that—so they have to know what is the definition of an “essential service”. Chair, the clearer we make that definition, the better.
On accident safety investigations, I was involved with that at a provincial level. It is very important when we have an accident, through Transport Canada, that accident safety investigators be available and be available now. When we have a serious plane crash where somebody has died, there has to be an investigator, so again, that is an essential service. It is critically important that we know what the definition is.
The definition on the government website also goes on to say that income and social security.... My responsibility, Chair, is income security for seniors. All of this means it is really important that we know what the definition of “essential service” is.
Chair, at this point, I think it is important that we support the existing provision because it's clear. It's more specific, and I would not support changing the definition under Bill C-62 proposed subsection 1(1), but I look forward to hearing from my colleagues.
Thank you.