Madam Speaker, Motion No. 2 seeks to amend Bill C-12 by adding further language to section 132, which would make it such that the rules in the provincial jurisdiction would take precedence over the federal code in matters related to pregnant and nursing mothers in the workplace.
Section 132 consists of totally new language. All of section 132, which deals with pregnant and nursing employees, consists of brand new language and is the product of the same comprehensive, co-operative, joint committee work that has been undertaken for many years between labour and management. The language that we have in Bill C-12 concerning section 132 is what the industry sector stakeholders agreed to. They saw no need to amend it further. There was no directive to us from labour representatives indicating that they wanted additional changes to section 132. FETCO, the employer agency in the federal jurisdiction, was satisfied with the new section 132.
The only amendment that the NDP sought was to add further clarification to one clause. That amendment failed at committee. Frankly, it is not of much concern to us. We only hoped to further clarify the intention of section 132.
With reference to the speech we just heard from the Bloc member, everyone agrees that we should all have legislation that is as civilized as that which is enjoyed by Quebec workers in the province of Quebec. I have no doubt in my mind that pregnant and nursing employees in the province of Quebec are better served than in any other jurisdiction, and that they are better served than they would be under the Canada Labour Code. However, the impact of the amendment the Bloc put forward would give primacy to provincial legislation over federal legislation. In many provinces, if the provincial legislation had primacy, Canadian female workers would have lesser terms and conditions than those provided in the code, other than in the province of Quebec.
The NDP cannot agree with this because in the other nine provinces and two territories the standards would actually decrease, rather than increase to the highest standards, which are those found in the province of Quebec.
The other reason we are reluctant to support this amendment is, as with the first motion, we do not want to see this bill delayed in any way, shape or form. We believe that the motion which was put forward by the hon. member from the Bloc would cause delays.
When this bill reaches the Senate, I believe that the Senate review committee would have serious problems with the language. The Senate would ask for a review by the justice department to see what the real impact would be. Would it overlap with provincial jurisdiction? Could there be a constitutional challenge?
In other words, even if this amendment passed all of those tests, it would cause delays that would take us well beyond the end of this session. It would take us into the fall. Who knows what the future will bring in the fall of this year. We may be faced with an election. It would be very regrettable if this legislation did not get back on the books at all. All of the people in the federal jurisdiction who have been waiting patiently for amendments to part II of the Canada Labour Code, who have been waiting patiently for all the positive changes in part II, would be further frustrated. The whole process would have to be started again.
It is with regret that our caucus cannot support this motion. I should make it abundantly clear that it has nothing to do with the merits of the argument brought forward that pregnant women and nursing mothers need additional recognition due to their special circumstances in the workplace. However, my party is comfortable that part III of the Canada Labour Code deals with the redeployment of pregnant or nursing mothers who feel that they or their babies may be in some danger in the workplace.
Furthermore, part III of the code is being reviewed in the same comprehensive fashion as part II. It is being reviewed by the actual stakeholders, labour and management, and FETCO, which represents employers in the federal jurisdiction. They are seized of this issue. They know that the current code is lacking and needs improvement. Part III is the appropriate place to make improvements to the issues we are talking about, not part II.
I would appeal to all members of the House to support Bill C-12 as amended. The NDP hopes that the bill will be widely received in a positive way by all parties. Let us move quickly to pass the bill into law prior to the end of the session.