Mr. Speaker, I am pleased to rise in debate on Bill C-380. I must, however, disagree with the provisions of the bill.
The member of Parliament for Shefford is suggesting an amendment to part II of the Canada Labour Code, related to pregnant or nursing mothers. The section being amended, section 132, relates to a pregnant or nursing mother who believes that continuing in her job poses a risk to her health and that of her fetus or child. In effect, the member for Shefford is suggesting that such an employee should be able to opt for coverage under the occupational health and safety legislation and related programs of the province where she works.
Certainly we know there are possible challenges facing pregnant women and nursing mothers in workplaces across Canada. There are existing protections under the current provisions of the Canada Labour Code. Part II and Part III of the Canada Labour Code already provide pregnant and nursing employees with generous benefits and strong safeguards.
For example, if a pregnant or nursing worker believes there is a risk to her health or the health of her fetus or child, she can stop work and take the necessary time, with full pay, to consult her doctor to determine if she is really at risk. If the risk is indeed of concern, the employer must modify the job or reassign the woman to another job. If the job cannot be changed or reassignment is not possible, the woman is entitled to unpaid leave with the right to return.
Let me remind the House that part III has very generous maternity provisions. An employee gets 17 weeks of maternity leave and is entitled to 37 weeks of parental leave, up to a maximum total of 52 weeks. Her benefits are fully protected and she has the right to return to the same job or a comparable one.
So it appears that Canadian women are well served by these benefits and safeguards in the workplace; however, the government is not standing pat in its evaluation of the current provisions of the Canada Labour Code. The government has agreed to study not only this issue but an entire raft of subjects that are commonly grouped together under labour standards legislation.
As members of the House know, this government is deeply committed to helping all Canadians succeed in the 21st century economy. Improving labour standards is an important part of that commitment. That is why our labour minister recently launched a full review of part III of the Canada Labour Code. This is our first sweeping review of Canada's labour standards in 40 years.
This review is a great opportunity to engage unions, employers and ordinary Canadians in addressing some of the most important issues of the day, including work-life balance, productivity, and employment relationships. With this review, we want to start a wide-ranging national conversation about what Canada's workplaces should look like in the 21st century. We want to reach out to all Canadians and hear about the workplace issues that matter most to them, their families and their communities.
Issues such as the protection of pregnant and nursing workers will certainly be carefully considered during this review. That is why I believe amending the Canada Labour Code now would be premature. It would be short-sighted to go ahead with this kind of amendment before we have a chance to review the commission's report and its recommendations.
One of my chief concerns is that this amendment seeks to short-circuit the whole policy-making process. When it comes to creating social policy in Canada, we need to take time to consider all the facts and all the views and we need to study our options before deciding on a course of action.
We need to consult broadly with all of our stakeholders, including Canadian employers and unions, labour experts, and the provinces and territories. That is how we can ensure that the deliberations in Parliament are effective in deciding the evolution of labour laws in our country.
The bill raises difficult constitutional questions and would introduce a dangerous precedent in the administration of labour law in this country. Federally regulated employees comprise 10% of the Canadian workforce in sectors of key importance to the Canadian economic infrastructure. They include, among others, workers in banks and in Canada's transportation and communications sectors. This means that 90% of Canadian workers are governed by provincial or territorial labour legislation.
In this complex world, the bill would introduce a precedent. An employee subject to the Canada Labour Code could opt for the provincial program in the province where she works if she deemed it to be more generous. Let us consider the type of world this would create, and the type of precedent this would create in the laws and regulations in federal, provincial and territorial jurisdictions.
Imagine a country where individuals or employers for that matter could cherry-pick and choose the jurisdiction and its laws that would apply in their particular case. One could imagine the scenario, “I pick this provincial law for this protection”. However, tomorrow the person could say, “In this case, I choose the federal jurisdiction because it is better for me”.
That is certainly no way to run a federal country. This bill would provide employees with the right to choose their effective jurisdiction. Would we then allow the same option in other areas? That is the question that must be considered. I think not. Let us think of the ramifications. Serious evaluation moves us to reject this course of action.
In short, I think all Canadians would benefit if we took more time to examine the issue as we are planning to do. Let the commission that is reviewing part III of the Canada Labour Code do its job and report back to Canadians.
Once we have listened to the views of all Canadians and have the facts in hand then we can move ahead and take action. Protecting pregnant women and nursing mothers in the workplace is a top priority for all Canadians. As parliamentarians it is our job to take the time to study this important issue. It is our job to do it right.