Madam Speaker, this amendment is to clarify the government's intentions with respect to changes being introduced to part II of the Canada Labour Code under Bill C-12. In making these amendments we want to emphasize that the special situations of pregnant and nursing mothers in the workplace are dealt with in the appropriate sections of the Canada Labour Code either under part II or part III.
In bringing this amendment forward the government wants to emphasize that it understands and shares the concerns for the protection of pregnant and nursing mothers which were raised by some members of the Standing Committee on Natural Resources and Government Operations during detailed consideration of Bill C-12.
We are in accord with the need to ensure that appropriate legislation is in place to provide that protection. However, we do not think it appropriate to include the special situation of pregnant and nursing mothers in a general motion on the definition of danger such as was done during committee. The point of this amendment is to clarify that situation and to produce legislation that is designed to protect all workers under federal jurisdiction.
At the same time we clearly recognize the need to meet the challenges faced by pregnant and nursing mothers. In fact, the changes we have already brought forward under part II of the Canada Labour Code do provide for additional protection for pregnant and nursing mothers.
More specifically, under the changes that have already been accepted by the committee and which will be part of the new act is a section stating that women who believe their workplace presents a danger to their fetus, or in the case of nursing mothers to their baby, will have the right to remove themselves from the activity without loss of pay or benefits. This provision is found in section 132 of Bill C-12.
It says that a pregnant or nursing mother who believes her job creates a risk for herself, her fetus or her child will have the right to stop doing her work and take the necessary time to consult her physician to ascertain if she is really at risk. If there is indeed a risk, the employer can assign the woman to other duties in a safe location. I note that under new section 132 the pregnant or nursing employee who takes time off to seek the advice of her physician can do so without loss of pay or benefits.
We believe that the special situation of pregnant and nursing mothers should be addressed under sections of the code such as section 132 that deal specifically with their issues and not with sections that deal with general issues such as one that defines risk for workers in general.
It is important that all hon. members understand that the special situation of pregnant and nursing mothers is further addressed under part III of the Canada Labour Code. This is the part of the labour code that deals with labour standards.
Those who are interested in maternity related workplace issues can also be referred to the amendments that were made to part III of the labour code in 1993. The approach under part III is to support pregnant or nursing women to remain in the workplace in a risk free environment. The 1993 amendments provide for maternity related job modification, reassignment, leave and other benefits for pregnant and nursing women whose jobs pose a risk to herself, her fetus or her breast fed child.
Under the existing part III the following process is to be followed in the case of a pregnant or nursing mother in a risk related job situation. Employers are first required to modify the employee's job. If that is not possible, she must be assigned to a safe job. If no safe job option is available, leave is provided. Leave is seen as the last resort. In most cases women taking risk related leave would have access to salary replacement through employment insurance or a private insurance plan.
That leads me to remind colleagues about the comprehensive provisions that exist for maternity leave under EI. I am speaking of provisions such as 17 weeks of maternity leave and 24 weeks of parental leave, soon to be increased to 37 to mirror increases in allowable EI parental leave.
Part III of the Canada Labour Code also addresses the special needs of pregnant and nursing women in the workplace. The changes that we are making to part II complement these provisions.
This is still a situation that has our ongoing attention. The government is committed to making workplaces as family friendly as possible and that includes improving conditions for women in the workplace.
We have shown our concern and our willingness to strengthen the protection for pregnant and nursing mothers in the changes that we are now making to part II of the Canada Labour Code. We are open and willing to consider changes under part III. In fact, we are involved in active discussions respecting part III of the Canada Labour Code that would follow logically on the reviews of part I and part II done over the last few years.
With this in mind, we have interested parties representing labour and management convened as the labour standards client consultative committee which has already begun discussions on issues related to labour standards. I expect this group will be bringing recommendations for future consideration to the Minister of Labour.
The minister respects the efforts of labour, management and government to reach a tripartite consensus on challenging issues in the workplace. At this point however, the best interests of those affected by the legislation will be served by passing this amendment and thereby strengthening Bill C-12.
I therefore urge my colleagues in the House to vote in favour of this amendment so that we can finalize this important piece of legislation and send it to third reading without delay.