Madam Speaker, I rise in the House today to debate Motions 15, 16 and 17 put forth by the hon. member for Edmonton Southwest with respect to Bill C-64.
When we consider the number of amendments the members of the Reform Party have presented to the House on this bill, it is clear that their attempt is to weaken the effectiveness of the Employment Equity Act.
Canadians often wonder whether there are differences between political ideologies. I would encourage them to listen to this debate because they will see that there are enormous differences. My colleague has just made the claim that this program is divisive. It can be divisive, yes, particularly when it is claimed that this was its intended purpose, when the reasons such a program was created are ignored.
It is regrettable that the employment equity legislation is not looked upon by my colleagues from the Reform Party as it is intended to be. They do not see that it will make this nation a fairer one in the way in which we treat Canadians. The unfairness and the divisiveness occurs when people suggest that is what it does. This legislation is something we should be proud of, not something we should be running away from.
With regard to Motions Nos. 15, 16 and 17, the hon. member is calling upon the government to eliminate provisions that are integral to administering the act's monetary penalty system. To do so would automatically eliminate the benefits inherent in such a system. It would be like telling the referees at a hockey game that they can call penalties but they cannot put anyone in the penalty box. Without these provisions it would be impossible to ensure that those private sector employees subject to the act fulfill their obligations with regard to reporting requirements. It should be noted that the monetary penalty system only applies in cases of non-compliance with the reporting requirements in the act.
Motion No. 15 calls for the deletion of clause 38. Clause 38 gives employers the option of either paying the assessed penalty or asking for an independent third party review, namely by an employment equity tribunal. Clause 38 provides employers with access to an open and fair appeal.
Motion No. 16 calls for the deletion of clause 39. This clause combines the appeal and review mechanisms. An employer can apply for the tribunal to review the assessed penalty or the commission can take further action if an employer has neither paid the assessment on time nor asked for a review.
Motion No. 17 calls for the deletion of clause 40. This clause is necessary to enable the commission to take a negligent employer to federal court to collect an unpaid assessment. If we remove the ability to take this action, it will mean removing the possibility of applying a just penalty to employers who are in contravention.
I would like to stress once again that the system of monetary penalties applies only in cases of non-compliance with the reporting requirements. Only then. To date the only mechanism available to us for ensuring compliance with the reporting requirement has been recourse to criminal proceedings, an unwieldy process.
This system costs less and is less unwieldy and easier on everyone concerned. For the reporting requirement to make any sense the statute must include an enforcement mechanism. It is totally illogical to set out monetary penalties without any means of implementing those penalties.
If the government were to adopt the proposed amendments under those circumstances, the reporting requirement would be unenforceable. This is why I cannot support the hon. member's motions.
I would ask my colleagues in the Reform Party to look at the government's intentions and motivation not just with open minds but with open eyes as well. The intent is not to divide but to ensure representation for the under-represented, to ensure that they are taken into account. We are all aware that in the present system those who are not as strong as others are not always treated in a fair and equitable manner.