Judi Longfield

[Canada Labour Code, May 19th, 2000]

Madam Speaker, I want to echo the words of the NDP member opposite. He has very clearly indicated that the amendments we see to section 132 which were presented to the committee are indeed the result of a tripartite agreement.

The amendments proposed by the Bloc would dismiss the work done on the tripartite agreement and would provide for a different kind of classification between one worker in the federal sector and another.

The current legislation would give pregnant women and nursing mothers the right to refuse work which they deem would be of danger to themselves, their fetus or their nursing child. As such, we feel very confident that this legislation would give adequate protection.

On issues of compensation and further review, there is an opportunity under part III of the Canada Labour Code, which deals specifically with maternity related reassignment, leave and benefits. There is an opportunity, in the spirit of labour, management and government working together, to make amendments under part III of the Canada Labour Code. The groups are working on that, and that is where these issues could be dealt with more fully.

We on this side of the House have, for quite some time, wanted to see protection for nursing mothers, fetuses and pregnant women. That is why we were so pleased to see the results of the tripartite agreement that gave, for the first time, under part II, section 132, these protections.

Rather than belabour the point, I will just echo the comments of the member opposite. He has put the situation as we see it clearly and concisely. We would urge all members of the government to support the bill as it currently is before us, and to reject the amendments brought forward by the Bloc today.

[Liberation Of Holland, May 19th, 2000]

Mr. Speaker, earlier this month I had the privilege of travelling to Holland as part of the official delegation returning to mark the 55th anniversary of the liberation of Holland by Canadian armed forces. I cannot begin to describe the feeling of pride I felt as I was welcomed by a truly grateful nation.

Dutch citizens have not forgotten the role Canadians played in their liberation. Dutch citizens, including the very young, tend the graves of the thousands of Canadian soldiers and airmen who made the supreme sacrifice to ensure the freedom of fellow human beings. Dutch citizens will always remember.

As we prepare to return the unknown soldier to Canadian soil, I want to pay a very special tribute to the Department of Veterans Affairs, particularly the Commemorative Department, for its incredible dedication to the memory of our fallen forces in every corner of the world. Canada most definitely remembers.

[Canada Labour Code, May 19th, 2000]

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.

[Occupational Health And Safety, May 15th, 2000]

Mr. Speaker, the week of May 15 to 21 marks the fourth annual North American Occupational Health and Safety Week. Each year this special week gives us extra opportunity to promote awareness of the importance of preventing injury and illness in the workplace.

Workplace accidents take a tremendous emotional, physical and financial toll on many Canadian workers and their families. On average three workers are killed every working day. Every nine seconds someone is injured on the job. An investment in occupational safety and health is an investment in the well-being of workers and in the economic health of Canadian business.

It is fitting that this year, the 100th anniversary of the labour program, the theme is “Work Safely for a Healthy Future”. The aim is to encourage young workers to become aware of the critical importance in working in a safe and healthy manner.

Many special events are being held throughout this week in Canada, Mexico and the United States to bring attention to workplace safety issues. I hope hon. members will join me in wishing the participants a very successful week.

[Canada Labour Code, March 24th, 2000]

Mr. Speaker, I am pleased and privileged to begin debate at second reading of Bill C-12, an act to amend Part II of the Canada Labour Code, which addresses occupational health and safety.

The Government of Canada is committed to safety in the workplace and ensuring that Canadians live in healthy and safe communities.

This legislation also demonstrates our trust in the ability of federal employers and employees to recognize and solve their own health and safety problems together.

This bill makes important amendments to Part II of the Canada Labour Code. It is good social and economic policy because a safe workplace, combined with sound labour management relations and employee involvement in the decision making process, just makes good sense.

The bill is the second of the Government of Canada's three phase reform of the Canada Labour Code. The significant amendments to Part II of the Canada Labour Code communicate the Liberal belief that initiatives which promote a healthier and safe working environment, which foster sound labour management relations and which encourage employee involvement in decision making constitute not only good social policy but also good economic policy.

As members can appreciate, occupational health and safety issues are highly complex.

Part II of the code sets out a legislative framework for addressing those issues for employees who are within the federal jurisdiction.

The federal jurisdiction under Part II includes the federal public service, certain crown corporations, industries declared by parliament for the general advantage of Canada, such as grain handling and uranium mining, as well as industries which are international or interprovincial in scope, such as railroads, air traffic, pipelines, shipping, long-shoring, banking and telecommunications. The federal jurisdiction is representative of a core infrastructure that provides for key economic linkages both nationally and internationally.

Approximately 10% of the Canadian workforce is governed by the Canada Labour Code. Part II of the code defines the duties of both the employees and the employers. It also establishes three basic employee rights in the health and safety area: the right to know about hazards in the workplace and ways of dealing with them, the right to participate in correcting those workplace hazards, and the right to refuse work which the employee believes to be dangerous or unhealthy.

The code lays out a procedure to be followed in the event of a dangerous or unsafe workplace, and also defines the roles and responsibilities of workers, employers, workplace health and safety committees and safety officers. The legislation also sets out the processes and procedures to be exercised in enforcing those basic rights.

Workplaces have changed and will continue to change. Therefore, we must periodically review the code to ensure that it meets the social and economic needs of the day. The last amendments to Part II were made in 1985. Since that time both the federal government and stakeholder groups have identified areas of Part II in which changes need to be made.

The resulting amendments were formulated, first, to ensure that Part II continues to do what it is supposed to do, namely, protect workers; second, to align Part II with occupational health and safety regulations in other jurisdictions; and third, to modernize the Part II approach to occupational health and safety regulations.

What may be less obvious is that recent changes in the workplace have forced employers and employees to confront many new issues in the realm of workplace health and safety. For example, the proliferation of personal computers has forced us to pay closer attention to the ergonomic considerations needed to prevent or ameliorate repetitive strain injuries.

The bill not only addresses the human side of the equation, but also the economic side. Each year between 30 and 40 workers in the federal jurisdiction die on the job, and another 60,000 suffer occupational injuries or illnesses. That is one million lost workdays annually, nearly 5,000 person years, costing over $350 million in lost wages, medical aid, rehabilitation and disability pension payments.

In Canada significantly more workdays are lost each year due to injury than to strikes or lockouts. In 1995 occupational injuries and illnesses cost the Canadian economy almost $5 billion in workers' compensation payments. Studies indicate that the direct and indirect costs of occupational casualties comes to about $10 billion annually. This is a staggering financial burden, but it says nothing about the anguish and grief endured by those who have lost a loved one or those who have lost a limb or suffer a respiratory disease because of a workplace hazard.

If we could reduce the annual number of workplace injuries and deaths by just 1% we would realize a saving of approximately $11 million.

I do not mean to imply that Part II of the code is important for purely economic reasons. On the contrary, the code is an example of legislation which has far-reaching implications both socially and economically.

Occupational health and safety is a problem which we must face, and we must face it together—governments, employers, unions, workers and health professionals. Jointly we must attack the problem.

The Government of Canada has recognized that the time has come to make changes to Part II. The amendments contained in Bill C-12 are the result of extensive and exhaustive consultations, including the work that began in 1993 by a legislative committee composed of organizations representing employers and worker groups as well as officials of the federal labour program.

This committee was directed to develop proposed amendments based on the consensus of the parties involved. The process was not easy. The parties involved had to make difficult compromises on individual matters to reach an agreement on the entire package of proposals. I congratulate the parties for the perseverance they showed throughout the process. Their recommendations constitute the vast majority of the contents of this bill.

Overwhelmingly, the parties agreed that the existing code has worked well and that it could form a basis and a foundation for the new and improved system. In particular, the parties agreed that the time had come for a new approach to the regulation of workplace health and safety. This agreement is reflected in Bill C-12, which is based on the philosophy that the proper role of the Government of Canada is to empower workers and employers to assume responsibility for the regulation of their own workplace.

In general, the government's role should be that of a guide rather than an interventionist. Workers and employers should be given the power and discretion to identify and resolve new and emerging health and safety hazards.

I have no doubt that this is the right approach. The Government of Canada can only empower the parties rather than impose solutions from above.

This approach is evident in the amendments to the powers and duties of existing workplace health and safety committees. These bodies will be required to regularly inspect their workplaces and to deal with problems and issues as they arise, reducing the need for direct government intervention.

In terms of dispute resolution, management and employee representatives of the committee will be responsible for investigating all disagreements and conflicts. Only when the parties cannot reach an agreement will a government health and safety officer become involved.

This is an example of the trust of the Liberal Government of Canada in the ability of employers and employees to work together. It demonstrates that the Government of Canada is committed to regulating more intelligently, regulating in a way that ensures the continued health and safety of everyone.

Through Bill C-12 the Government of Canada empowers workers and employees by introducing health and safety policy committees. These committees will complement the work of the existing workplace health and safety committees. Their role will be to deal with matters such as accident prevention, education of employees and the acquisition of protective equipment.

The role of the Government of Canada in establishing these new committees is to ensure that health and safety issues make their way into the corporate agenda and are addressed at the highest possible level. For companies which operate in more than one location, the committees will also ensure some level of consistency across the different sites.

Although I hope that all companies will take advantage of this promising new mechanism, the policy committee will only be mandatory for firms with more than 300 employees. This represents a small number of employers in the federal sector, but actually accounts for 85% of all employees.

Although Bill C-12 represents a new approach to health and safety regulations and a significant realignment of the roles and responsibilities of the key players, it is clear that the Government of Canada is firmly committed to existing rights and is doing its utmost to strengthen workplace health and safety.

In the case of the right to refuse dangerous work, this commitment means strengthening and clarifying the rights of both employers and employees. For example, all employees prevented from working as a result of an employee exercising the right of refusal will be paid until the end of their shift, whereas the employee exercising the right of refusal will be paid until the matter is resolved.

The Government of Canada is also mindful of the rights of employers, who will be given the discretion to discipline a worker when the right to refuse is abused or when it is found that a frivolous claim has been made.

In an area as important as workplace health and safety, the Liberal government has shown that it is not prepared to stand still. As promised in the red book, it is moving forward with regulatory reform which is both economically and socially progressive.

Five features of the bill seem to be particularly important and necessary. First, as a result of this bill, local health and safety committees will be mandated to conduct regular workplace inspections and will be given increased powers in dealing with complaints. This will permit the parties to identify and solve problems swiftly as they arise. This will be done with government guidance and it will enhance the role of the health and safety committees.

Second, a management and an employee member of the committee will be empowered to investigate any unresolved complaint. If they find a violation of the code, they will ask the employer to give a written assurance of compliance. If they find an immediate danger, they will shut off the machine or otherwise stop the activity. If they cannot agree on a solution, a government health and safety officer will be asked to intervene.

Third, a health and safety policy committee at the corporate level will be required for enterprises with 300 or more employees. This committee will address a range of issues such as injury prevention initiatives and awareness activities. This will apply to over 80% of the federally regulated workforce, many of whom have already voluntarily established such committees.

Fourth, the Liberal government is committed to help establish family friendly workplaces. This bill provides additional protection for pregnant and nursing employees. If an employee has reason to believe that an activity or condition, such as exposure to a chemical, will adversely affect her, her fetus or her child if she is breast feeding, she will be able to withdraw from the work until she has had the opportunity to consult her doctor. Under existing legislation the employee has to continue working until she receives a medical certificate.

Fifth, the bill provides for regulation that will require every employer to develop, establish and monitor in consultation with the workplace health and safety committee at both the workplace and corporate levels, a preventative program appropriate to the size of the workplace and the nature of the hazards.

These are all important changes. They reflect the Government of Canada's commitment to occupational health and safety and its confidence in the willingness and ability of labour and management to solve their problems in a mutually beneficial manner.

In closing, I want to emphasize that we take our consultative obligations in drafting this bill very seriously. It was lengthy, involved and extensive and included relevant agencies of the Government of Canada, the major labour organizations and the major employers and employer groups. They all deserve to be commended and thanked.

My hope is that the occupational health and safety problem in this country will certainly be reduced. I believe that this bill, because it tapped the commitment and concern of social partners, is an important first step toward this goal. Let the workplace be what it is supposed to be: challenging, interesting, meaningful and conducive to good health. By acting now we can ensure that Canada has in place the type of regulatory framework we need to compete and thrive in today's economic climate.

The Government of Canada has shown that it remains committed to improving and protecting the health and safety of workers under its jurisdiction. Employers and employees have made it very clear that they are eager to take on their new responsibilities and work together. It is time that we gave them a chance.

[Princess Patricia's Canadian Light Infantry, March 20th, 2000]

Mr. Speaker, on March 17 the Princess Patricia's Canadian Light Infantry celebrated the birthday of the first Princess Patricia who was born in 1886.

Raised in 1914, this distinguished regiment has provided outstanding service for the past 86 years. During the Great War, the Patricia's fought valiantly on Europe's battlefields. For their efforts they were awarded three Victoria Crosses.

During the Second World War they won deep respect from Allies and enemies alike for their tenacity in battle.

In 1950 the Second Battalion of the Princess Patricia's was the first Canadian infantry unit to arrive in Korea. Its extraordinary courage at the battle of Kapyong won it the distinct honour of a U.S. Presidential Unit Citation.

The Patricia's have distinguished themselves in the Medak Pocket and in other UN peacekeeping operations in both Bosnia-Herzegovina and Kosovo.

On behalf of all Canadians I wish to praise the Princess Patricia's Canadian Light Infantry for its years of outstanding service.

[Whitby, Ontario, February 18th, 2000]

Mr. Speaker, the Whitby 2000 time capsule is where mementoes, stories and pieces of heritage about the town of Whitby, its residents, institutions and businesses will be stored until the year 2030, at which time it will be exhumed.

The year 2030 marks the 175th anniversary of the incorporation of the town of Whitby. Current and former citizens of Whitby are invited to make a submission, reflect on changes in Whitby or share dreams and aspirations for the future.

School children may wish to submit a special school project on Whitby as it is today, or document popular trends, record the history of Whitby or predict the future.

Families could record their family history with photographs or write letters to future descendants. Community groups may submit a history of their particular group with photographs of various projects.

Submission application forms must be completed by individuals or groups wishing to submit material for inclusion in the Whitby 2000 time capsule. The 2000 time capsule co-ordinating committee will review the submissions and notify applicants of the process—

[Housing, December 17th, 1999]

Mr. Speaker, I am surprised in that $753 million is a significant investment on top of the $1.9 billion the government already spends on housing.

The member opposite would know that the situation with the homeless is multifaceted and multijurisdictional. The government is addressing the root causes and trying to alleviate homelessness. That is more than housing. That is access to appropriate care and a continuum of services. We are addressing the problem.

[Homelessness, December 17th, 1999]

Mr. Speaker, before I respond, I want to thank my colleagues on the government side of the House who have worked so hard and so long with the Minister of Labour, who is co-ordinating the federal response to this issue.

I would also like to point out that this morning, together with her cabinet colleagues and members of caucus, she announced a $753 million investment. Three-quarters of a billion dollars will be directed toward the public to alleviate the homeless situation in the country.

The government is addressing the situation. There will be $305 million directed toward a new program, the supporting community initiatives program, which will work with our partners in the provinces, in municipalities, and with NGOs to support best practice and to get the best bang for the buck.

[Canadian Forces, December 17th, 1999]

Mr. Speaker, I would like to invite all members of the House of Commons to welcome home 1,300 Canadian forces personnel who during the past six months have been making an important contribution in Kosovo. They include members of the Princess Patricia's Canadian Light Infantry, Lord Strathcona's Horse and 408 Tactical Helicopter Squadron.

The men and women of these units have worked hard to create a stable and secure environment in Kosovo. They have delivered humanitarian aid, restored public services and helped to re-establish civilian institutions.

Our well-trained professional military has made a significant contribution to international peace and security. CF members have also touched the lives of thousands of Kosovars by building schools, houses, medical clinics, upgrading roads, providing de-mining assistance and helping to provide the essentials of life, such as medical aid, food and fresh water.

I am sure all members of the House join me in offering congratulations on a job well done. Seasons greetings to CF members, their families and Canadians everywhere.