Evidence of meeting #26 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was consultations.
A recording is available from Parliament.
3:30 p.m.
Director General, Strategic Policy, Analysis and Workplace Information Directorate, Labour Program, Department of Employment and Social Development
I can speak to that. There is no identified risk to flag at this time, but I would go back to December, when Bill C-3 was introduced and passed. Some employers raised the fact that they needed time to implement these changes in their systems and collective agreements. These amendments now bring the coming into effect date to December 1, 2022. This should provide them enough time to make payroll changes and discuss with unions to adjust their collective agreements.
3:30 p.m.
Director General, Benefits and Integrated Services Branch, Department of Employment and Social Development
The risks that we can see are really associated with making sure that we're launching within reasonable timelines. We do not want to see the same challenges that the SST faced back in 2012, when they launched with big backlogs. We are establishing a process to ensure that we do not face that, by transitioning the BOA and the SST within a one-year period. Otherwise, we are delivering on the commitments that the government has made, exactly as was committed to.
3:30 p.m.
Sarnia—Lambton, CPC
Excellent.
Finally, there were consultations done on this legislation. One of you talked about that. Has there been any input to suggest that perhaps the extra days for sickness are in conflict with Quebec's jurisdiction in terms of the medical aspects there?
3:30 p.m.
Director General, Strategic Policy, Analysis and Workplace Information Directorate, Labour Program, Department of Employment and Social Development
You're talking about paid sick leave, I think. Is that the question?
3:30 p.m.
Director General, Strategic Policy, Analysis and Workplace Information Directorate, Labour Program, Department of Employment and Social Development
What Quebec does is actually two days of paid leave per year. Ten days is a bit more generous than what the Province of Quebec is providing.
3:30 p.m.
Sarnia—Lambton, CPC
For sure, but did they not express any concern that the federal government was doing something different?
3:30 p.m.
Director General, Strategic Policy, Analysis and Workplace Information Directorate, Labour Program, Department of Employment and Social Development
Our minister reached out to his counterparts in different provinces in February, and he's going back to talk to them at the end of June. People are interested and are curious to know how these changes will unfold.
3:30 p.m.
Liberal
The Chair Liberal Bobby Morrissey
You're right on time, Ms. Gladu. Thank you so much.
To end this grouping, I will turn to Mr. Collins for five minutes.
3:30 p.m.
Liberal
Chad Collins Liberal Hamilton East—Stoney Creek, ON
Thanks, Mr. Chair.
I'll go right to my questions on division 32, if I may, under the Social Security Tribunal reform and the EI board of appeal. What legislative changes are being proposed? Can I get a brief summary of that on division 32?
3:30 p.m.
Director General, Benefits and Integrated Services Branch, Department of Employment and Social Development
Certainly. The key proposed changes to the legislation include changes to other legislation as well—the Department of Employment and Social Development Act, the Federal Courts Act and the Employment Insurance Act. The big changes include, one, establishing the EI board of appeal to replace the Social Security Tribunal general division and EI section. The second big change is to define the board membership for decision-makers. The third is to eliminate low-value legalistic provisions, including the requirement to apply for leave to appeal EI decisions to the appeal division.
In terms of number two, which is the board membership, really the biggest change is to bring in tripartite decision-making, as I mentioned earlier, and to provide appellants with the ability to choose whether they would prefer in-person or virtual, which is obviously a pandemic allowance.
3:35 p.m.
Liberal
Chad Collins Liberal Hamilton East—Stoney Creek, ON
Thank you for that brief summary.
Through you, Mr. Chair, how would the current EI recourse process change? For those who might be familiar with the current process, what would the new process look like?
3:35 p.m.
Acting Director, Benefits and Integrated Services Branch, Department of Employment and Social Development
Do you want me to touch on that one, Rouba?
3:35 p.m.
Director General, Benefits and Integrated Services Branch, Department of Employment and Social Development
I'm not clear if the question is on division 32 or on EI.
Please go ahead.
3:35 p.m.
Acting Director, Benefits and Integrated Services Branch, Department of Employment and Social Development
In essence, the big difference with the board of appeal versus the current recourse process.... The same levels of recourse are still in place. The same number of levels of recourse are still in place. Somebody who does not get benefits would have the right to request reconsideration. Currently, somebody who was dissatisfied with that decision would appeal that to the Social Security Tribunal, general division, for EI. The second level would be to the appeal division.
The same thing would be in place with the introduction of the board of appeal. It's simply that the reconsideration decision would get appealed to the board of appeal, and then the appeal right for a board of appeal decision would be to the SST appeal division.
It's a replacement, a one-for-one replacement, with all of the additional benefits that Rouba has already discussed with regard to the tripartite nature of the new tribunal.
3:35 p.m.
Liberal
Chad Collins Liberal Hamilton East—Stoney Creek, ON
Thank you for that.
Why is an EI board of appeal secretariat being established?
3:35 p.m.
Acting Director, Benefits and Integrated Services Branch, Department of Employment and Social Development
Any tribunal has two portions to it. One is the decision-makers, the people who actually hear the client's side of the story and render the decision itself. Then there's the whole administrative side of that. Any tribunal will have what's called the “registry” function. They receive the appeal. They pull the information together. They provide the client with any additional information. They provide the members with support—HR, finance support, training, quality reviews and reporting. All of that functionality takes place within the secretariat itself.
There are really two parts to the tribunal. There are the decision-makers who report to the executive head, and then in support of that is the secretariat, doing all of the administrative function to put the tribunal in a position where it can actually render those decisions that need to be made.
3:35 p.m.
Liberal
Chad Collins Liberal Hamilton East—Stoney Creek, ON
Great. Thank you.
What's the cost of the proposed changes?
3:35 p.m.
Acting Director, Benefits and Integrated Services Branch, Department of Employment and Social Development
I'd have to go back and look at the original. This is part three of a number of changes that have been made, going back to 2019. I can't tell you how much has been spent to date, right off the top of my head, but I can say that we are within the spending envelope that was originally detailed back in budget 2019.
3:35 p.m.
Liberal
Chad Collins Liberal Hamilton East—Stoney Creek, ON
Okay.
Finally, when will the EI board of appeal be implemented?
3:35 p.m.
Director General, Benefits and Integrated Services Branch, Department of Employment and Social Development
The plan is to launch the tribunal at a later date that will be established by an order in council.