Mr. Speaker, I reiterate that the government is committed to promoting the fundamental right of Canadians to a safe and healthy work environment and to considering new ideas and suggestions which would help us to meet those commitments.
The motion being presented is certainly worthy of note and interesting to consider. I am therefore pleased to join this debate and to share some of my thoughts on the motion and the amendment before the House.
From the tone of the debate on this motion so far, it seems that members on all sides of the House share a concern for Canadian workers. We know that to be true. Certainly it is an important issue that we on the government side share. We also share a desire to see safer and healthier workplaces. We want to reduce the cost of workplace accidents and illness in both human and economic terms.
Every year approximately 800,000 workers are injured or contract illnesses while doing their jobs. Millions of work days are lost because of illness or injury. Accordingly the cost to the Canadian economy runs to an estimated $10 billion annually. There is no question in both human and economic terms these costs are too high and require our attention.
While we may be in accord on the desire for change, we need to look at possible solutions a little more carefully. For example, Motion No. 455 asks that we amend the appropriate federal statutes including the Criminal Code. This is easier said than done. Proposals to amend federal statutes relating to labour matters can have far-reaching implications and we need to look more carefully at them.
It is true that it is within federal power to create new offences under the Criminal Code, but we have to be cognizant of the fact that such changes could infringe on the jurisdictions of the provinces and territories to legislate in areas of workplace safety.
Members of the House are well aware of the sensitivity of federal-provincial concerns in areas of economic and social policy. I dare say we would not want to initiate any changes to federal legislation which would have an unattended impact. In this case, for example, while the intent of the motion is one thing, the impact of the changes it proposes is quite another.
Since amendments to the Criminal Code that have implications for provincial labour jurisdiction would require the support of the provinces and territories, we need to know how we to obtain that kind of support. We need to study this aspect very carefully.
To start with, we need to look at what legislation is already in place such as under the Canada Labour Code, for example. As hon. members will recall, legislation concerning occupational safety and health in the federal jurisdiction is part of the Canada Labour Code.
The code covers a broad range of industries under federal jurisdiction. The best examples are railways, highway transport, telecommunications, pipelines, shipping, radio and television broadcasting, banks, and a few other areas. In addition, the code covers employees of the federal public service including employees of some 40 crown corporations and agencies.
Part II of the Canada Labour Code is of particular interest to us because it deals with occupational health and safety. It is under part II that we already have legislation in place to deal with workplace safety, at least in the federal jurisdiction. This legislation is intended to prevent accidents and injuries to health arising out of, linked with or occurring in the course of employment which is subject to federal jurisdiction.
In other words, part II of the existing Canada Labour Code already includes provisions for standards for workplace safety as well as sanctions and penalties for those who are found to be in contravention of the code.
As we consider this issue it is very important to look at what is already in the Canada Labour Code, specifically part II of that code. Even if we eventually look to solutions beyond the Canada Labour Code, we will need to keep in mind the three principles set out in the code as fundamental rights of workers.
These are the right to know about known or foreseeable hazards in the workplace, the right to participate in identifying and resolving job related safety and health problems; and the right to refuse dangerous work if the employee has reasonable cause to believe that a situation constitutes a danger to him or her or to another employee.
The code also includes a set of occupational safety and health regulations that prescribe standards and procedures for both employers and employees to follow. Part II of the labour code says that corporate executives and directors will be held accountable if these standards are not met. If company directors and officers are found guilty of an offence under the labour code, they will be liable on a summary conviction to a fine of up to $100,000. For a conviction on indictment the labour code calls for a fine of up to $1 million and/or imprisonment for a term of up to two years.
For the federal jurisdiction we already have sanctions in place which govern workplace safety issues and hold corporate officers and directors liable for their actions in cases of negligence or wrongdoing. Although we have legislation in place under the Canada Labour Code, we must recognize that it does not cover the majority of workers in Canada. It only covers those who fall under federal jurisdiction.
It is fair to say that we have more work to do in the area of legislating workplace safety. Instead of referring the matter to the Standing Committee on Justice and Human Rights as proposed by the member, I would prefer to see the matter referred to the Minister of Justice for further study. In other words, I cannot support the Motion No. 455 as proposed and I think the majority of Canadians in reviewing this matter would agree with my position.