Good afternoon.
I thank the members of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities for allowing the Mouvement action-chômage de Montréal to give its opinion on Bill C‑215. I would first like to say that we are, obviously, in favour of the proposed amendments.
I will divide my five-minute speech into two parts. I would like to make it clear that I will be referring to the sections of the Employment Insurance Act that affect salaried workers. Of course, the same thinking applies to self-employed persons who pay into EI special benefits.
First, I would like to draw the committee's attention to subsection 12(6) of the Employment Insurance Act regarding the general stacking of benefits. Indeed, the amendment to paragraph 12(3)(c) of the act may unfortunately be ineffective for some claimants or, at the very least, may not have the intended effect.
Subsection 12(6) prevents claimants with at least one week of regular benefits from accumulating more than 50 weeks of benefits, all benefits combined. Thus, a claimant who has used regular EI benefits in his or her benefit period will not be able to receive the famous 52 weeks of sickness benefits if he or she becomes ill. The reverse is also true: a claimant who has used 52 weeks of sickness benefits and then loses his or her job will not be able to receive regular EI benefits, despite the fact that illness is one of the reasons for extending the qualifying period under subsection 8(2) of the act.
I would therefore invite the members of the committee to consider this issue, so that the amendment to paragraph 12(3)(c) does not leave a proportion of sick claimants without replacement income. Of course, the simplest way to deal with the perverse effect of subsection 12(6) is to simply repeal the entire section, which is a single sentence. Let us eliminate this sentence from the Employment Insurance Act and thus solve the problem of the general stacking of different EI special benefits after or before regular benefits. By adding the amendment to Bill C‑215 to repeal subsection 12(6) of the act, committee members will be able to correct a potential unfairness to a portion of the unemployed who become ill.
Second, while amending a part of the Employment Insurance Act concerning special benefits, in this case sickness benefits, I would invite the legislator to correct the inequity of the act towards women who have received maternity or parental benefits, or their equivalent from a provincial parental insurance plan. Mothers who have received maternity and parental benefits are left without replacement income if they lose their jobs without having worked a sufficient number of hours to requalify for regular benefits. Yet the federal government considered the situation worrisome enough to allow these mothers to receive the Canada Emergency Response Benefit or the Canada Recovery Benefit during the pandemic. In addition, on January 10, the Social Security Tribunal issued a decision stating that subsections 8(2), 8(5), 10(10) and 12(6) of the Employment Insurance Act violate the equality rights protected by section 15 of the Canadian Charter of Rights and Freedoms.
I would therefore invite the members of the committee to amend Bill C‑215 to correct this violation of the right to equality. To do so, Parliament should amend subsections 8(2) and 10(10) by adding to each an additional ground for extending the qualifying period and the benefit period. For the record, there are already four grounds for extending the qualifying period and the benefit period. This amendment to subsections 8(2) and 10(10) would add a fifth ground.
This fifth ground for extension could simply be written as follows, obviously using the feminine: “She was receiving maternity or parental benefits or their equivalent from a provincial parental insurance plan”. In addition, Parliament should repeal subsection 8(5), as well as subsection 12(6), which I already mentioned in the first part of my statement.
I know that the second part of my intervention is a bit removed from what you are considering in Bill C‑215. Nevertheless, I preferred to talk about it.
With that, I thank the members of the committee for listening to the opinion of the Mouvement action-chômage de Montréal.