Mr. Speaker, I will be splitting my time with the member for Gaspésie—Îles-de-la-Madeleine.
I am pleased to rise in the House today to speak to Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations.
In September I had the opportunity to speak to the bill at second reading and I am happy to have the chance to speak to it for a second time now as it has returned from committee. It truly is important legislation, which cuts across partisan lines, and is something that we can all get behind and support.
Broadly, Bill C-44 seeks to amend the Canada Labour Code, the Employment Insurance Act, the Income Tax Act and the Income Tax Regulations in order to implement new measures to allow workers to take leave and draw EI in the event of a serious illness of a child or the disappearance or death of a child due to a crime.
Specifically, Bill C-44 would make a number of amendments to the Canada Labour Code to expand leaves of absence available to parents. For example, it would allow for the extension of maternity and parental leave by the number of weeks that a child would be hospitalized during the leave. It would allow for the extension of parental leave by the amount of sick leave taken during parental leave as well as for participation in the Canadian reserve forces. It would grant an unpaid leave of absence for up to 37 weeks for parents of critically ill children. It would grant an unpaid leave of absence, 104 weeks I believe, for parents whose children had been murdered as the result of a crime or had disappeared as the result of a crime, and that is 52 weeks I believe. Finally, it would extend the period of absence that could be taken unpaid due to illness or injury without fear of layoff to 17 weeks.
Bill C-44 would also make changes to the Employment Insurance Act that would allow for the stacking of special benefits only. Maternity, sickness and parental benefits are special EI benefits. Benefits paid as a result of unemployment are known as regular EI benefits. Previously, a claimant was unable to stack these benefits, meaning if an individual was collecting regular EI benefits and a circumstance arose where that a person would need a special benefit, he or she would be unable to stack the special benefit on top of the regular benefit and receive the cumulative number of weeks of EI. The bill would create a new benefit for parents of critically ill children that would be stackable with other special benefits.
The bill would also grant an exemption to those on parental leave who needed to take sick leave from needing to prove that if they were not sick or injured, they would be available for work and would allow for special benefits to be taken back-to-back or in various combinations over a maximum of 104 weeks.
Last, the changes to the Employment Insurance Act would provide for 35 weeks of benefits for parents caring for a critically ill child. This is an important component of this legislation, which will benefit many families faced with the unbearable circumstance of having to care for children with dire conditions.
Bill C-44 would also make changes to the Income Tax Act to prepare the ground for a new grant to be paid to parents of murdered or missing children by stipulating the benefit would be considered taxable income but would also be tax deductible.
It goes without saying that New Democrats support these changes as we believe they will help ease the suffering of parents who need help.
However, the New Democrats realize that the legislation is far from perfect. That is why our caucus members moved a total of eight amendments at committee stage in an attempt to improve the legislation to ensure we would pass the best plan possible to assist parents or custodial guardians who were placed in these traumatic and financially difficult situations. Unfortunately, although these amendments were entirely reasonable and supported by witness testimony at human resources committee, the government's tendency to reject our amendments sight unseen was once again realized.
One such amendment would have changed the definition of the child to include dependent children over the age of 18. The importance of this amendment was articulated succinctly by Susan O'Sullivan, Federal Ombudsman for Victims of Crime. On October 23, she said:
I would just add that with the Canada Labour Code, one of the things we heard from victims on this is that they definitely see it as a positive step forward, but they would offer that the category should be broadened to include—and I think it reflects your comments—first of all, eliminating the age requirement.
We've just heard from Yvonne about the age of her daughter when she was murdered. There's this huge issue of whether your child is 18 or your child is 19, so eliminate the age requirement.
A second amendment put forward by the New Democrats sought to extend the leave for critical illness to two weeks after the child's death to give parents time to grieve and bury their child. According to Angella MacEwen, a senior economist at the Canada Labour Congress:
—after a missing child is found, the parents have 14 days; after a critically ill child dies, the parents have until the end of the week.
I think the labour standard in Canada for leave to grieve is only three days, so that would mean they would have an additional three days after that end of the week, which wouldn't even get them to the funeral, quite honestly.
I think that is almost cruel.
New Democrats sought to address this deficiency through the above mentioned amendment, yet the Conservatives refused to listen to witness testimony and voted against our amendment that would have given grieving parents a bit of relief during such a trying period.
Finally, New Democrats put forward an amendment that would allow the parents of murdered or missing children to take leave on a flexible basis rather than in consecutive weeks, without increasing the total, in order to allow them to deal with the judicial system. Once again, this important amendment was supported by witness testimony. Mr. Bruno Serre stated:
A period of 35 weeks is a good start...But if these 35 weeks must be consecutive, that isn't enough. People will have to attend trials a year and a half or two years later. When the trial or the preliminary hearing starts, people must have more time. During the trial, people can't go to court and then go to work....So a period of 35 weeks would be good. There should perhaps be an additional period. If the case is postponed to a later date, there should be a supplement of a few weeks. When there is a trial or a preliminary inquiry, time is absolutely needed.
Unfortunately, as has become routine in this Parliament, the government members refused to listen to reason when opposition parties tried to improve legislation by repudiating all of the important amendments put forward by the official opposition and, from what I have heard, the amendments from the Liberal Party as well. These were good, reasonable amendments. I emphasize my disappointment that the amendments were not accepted when they might have done a great deal of good for families caught in these unfortunate positions.
I reiterate the importance of giving grieving parents a bit of respite by passing the bill as soon as possible. Although I am disappointed that the Conservatives refused to work co-operatively with their counterparts at committee to improve the legislation, I know the components of this bill will assist many families in their time of need and I hope to see it passed very quickly.
Reiterating a few points, if we look at what was discussed in committee, there were a total of 17 amendments and the overview and theme of many of these amendments was to change the definition of “a child”, which I spoke to earlier, also to extend the leave of critical illness to two weeks after the child's death, benefits for parents of critically ill children and the last day of the week the child dies to give parents time to grieve and to bury their children.
I know no parents should ever have to bury their children. What we see in the bill is a good first step to ensure we can get families the support they need during these difficult times.