Mr. Speaker, we have listened to the concerns of my fellow members with regard to the wording of the amendment and we have given the matter very careful study.
The hon. member for Hochelaga-Maisonneuve and the opposition were originally concerned to clarify that employees who perform work in more than one province be paid the rate of the province in which they are employed. They were concerned over any loophole which would permit a lower rate than that of the employee's province of employment. Now the hon. member is proposing an amendment that is somewhat different. It is proposed
that where an employee performs work in several provinces, the minimum wage would be that of the province with the highest rate.
While I appreciate my colleague's concern for clarity to protect the worker, I believe that the solution will create more problems than it will solve.
The proposal would be cumbersome to administer. Even one trip across a provincial border could alter a truck driver's hourly rate. What would be the justification for this approach? Surely we would want to establish labour standards that reflect the conditions in the local area.
The whole approach of this bill has been to align the federal minimum wage with regional economies. Why would the government impose the rate designed for one region on an enterprise within another? Furthermore, in the case of an employee who makes infrequent trips outside the province, it is unclear how long the higher rate would apply. Would it apply for a day, a week or a month?
The amendment would impose unnecessary rigidities on an employer who might have to refuse small amounts of business in another province. Surely we do not wish to place additional complexities and paperwork on businesses, and small businesses in particular.
The amendment would create inequities within an enterprise. For example, two employees travel the same distance but one travels across a provincial border while the other is going in another direction and does not cross that provincial border. Under this proposal the two drivers would not be entitled to the same rates.
Most important, the amendment is unnecessary. Our legal advisors do not see any difficulties with the present French and English texts of the bill. The current wording refers to more than one province where an employee works. It relates to the overall employment relationship which includes the province where the employee reports to work, where he or she picks up equipment and tools, is supervised by his or her employer and where, for example, the provincial worker compensation laws apply.
Similarly, the term usually or habituellement relates to where the relationship customarily takes place or commonly occurs, rather than simply the notion of time. When this was raised in the committee, the minister explained that in the case of a truck driver who drives across a provincial border the rate of the province in which the employee's home terminal was situated would be used in applying the law.
Very few workers are paid the federal minimum wage. About 2 per cent of workers come under the jurisdiction of the federal act and even fewer in the kind of employment that would take them outside the province. Since the minimum wage order came into effect on July 17, 1996 establishing the rates current in the provinces at that time, there have been no problems or complaints on the issue of concern to my hon. colleague.
Given the problems with the amendment proposed and the assurance of the Department of Justice that the existing bill is enforceable, I cannot support the Bloc's amendment and ask members to pass the bill as it stands.