HUMA Committee briefing binder: Appearance by the Minister Labour and Seniors – February 5, 2024
From: Employment and Social Development Canada
Official title: Appearance by the Minister Labour and Seniors, Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA), Supplementary Estimates (B) for fiscal year ending March 31, 2024. Date: February 5, 2024.
On this page
- Minister’s opening remarks
- Parliamentary environment – overview
- Labour – Hot issues and background material
- C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012
- Eradicating forced labour from Canadian Supply Chains
- Protecting federally regulated gig workers/misclassification/driver’s inc.
- Implementation of Canada’s Indo-Pacific strategy
- Leave related to pregnancy loss
- Employment Equity Act review
- Sustainable jobs/C-50, Canadian Sustainable Jobs Act
- Employment Insurance adoption measure
- Ports review under Sections 106 and 108 of the Canada Labour Code
- Pay equity
- Pay transparency
- Menstrual products
- Paid medical leave
- Modernizing federal contractors program to ensure federal contractors are paying employees the federal minimum wage
- Seniors – Hot issues and background material
- National seniors strategy
- Caregiving: long-term care
- Community supports, including aging at home
- New Horizons for Seniors program
- Digital literacy and connectivity
- Old Age Security enhancements and processing
- Income supports - Guaranteed basic livable income
- Age Well at home initiative
- Mistreatment of older persons
- Canadian Dental Care Plan
- Poverty among Seniors in Canada
- Seniors without partners
- ESDC supplementary estimates (B)
- Ministerial mandate
1. Minister’s opening remarks
1.a. Podium
Opening remarks for the Honourable Seamus O’Regan Jr., Minister of Labour and Seniors, for his appearance before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) in relation to the 2023 to 2024 Supplementary Estimates (B) at the House of Commons on February 5, 2024.
Mr. Chair, and members of the committee,
First, I would like to acknowledge that the land on which we gather is the traditional unceded territory of the Algonquin Anishnaabe People.
Thank you for inviting me today to discuss the 2023 to 2024 Supplementary Estimates B for Employment and Social Development’s Labour Program and Seniors portfolios.
Before I take your questions on that, I would like to briefly mention some of our accomplishments over the past year.
A year ago, we implemented changes to give workers in federally regulated private sectors access to up to 10 days of paid medical leave (also known as paid sick leave). The bill passed with unanimous consent because we all agree workers should never have to choose between getting paid and their health.
Currently, Bill C‑50, the Canadian Sustainable Jobs Act, tabled last summer, ensures that workers and communities are at the centre of policy and decision-making. The proposed legislation ensures that across the country they have the necessary support they need to seize the opportunities that the net‑zero economy brings.
We tabled Bill C‑58, which would ban the use of replacement workers during a strike or a lockout in federally regulated workplaces. This bill would also make improvements to the maintenance of activities process under Part I of the Canada Labour Code. This process is how employers and unions decide what activities, if any, they need to continue during a strike or lockout to protect the public from immediate and serious threats to health and safety. We have heard that the current process does not work, and Bill C‑58 helps to fix it.
More recently, we have improved the well being of nearly half a million workers who may require menstrual products during their workdays by making sure these products are treated like the basic necessities they are. Since, December 15, 2023, workers in federally regulated workplaces now have access to tampons and pads in the workplace at no cost.
And we just marked the one-year anniversary of Canada’s ratification of International Labour Organization Convention 190, the Violence and Harassment Convention, in Geneva, Switzerland. Canada has been a leader on this, and we are incredibly proud of that.
We have delivered on these mandate commitments. And we are on our way to accomplishing much more, including new job-protected leaves for pregnancy loss and for adoption.
Now, let’s move on to the Seniors portfolio.
Work continues on my mandate commitments to support seniors. We are continuing to support the healthy aging of Canadians, including taking steps to improve seniors’ quality of life by helping them age at home for as long as possible. Last year, the Minister of Health and the Minister of Seniors at the time announced that the National Seniors Council would serve as an expert panel to examine measures, including a potential Aging at Home Benefit. The panel has completed its work, and the Minister of Health and I are currently examining the findings.
We developed a federal policy definition of mistreatment of older persons: this is an important vehicle for culture change and public awareness of this important issue. The federal policy definition will not replace jurisdictional definitions and will not be included in any Criminal Code amendments.
Finally, I am supporting my colleague, the Honourable Minister of Health, in moving forward with developing a Safe Long-Term Care Act to help ensure that Canadians get the care they deserve, while respecting provincial and territorial jurisdiction.
It is all about promoting safe, healthy, fair and inclusive work conditions. It is also about supporting the healthy aging of seniors, including fostering the social inclusion of seniors, improving supportive care and services, and improving their income security. Mr. Chair, we have done a lot so far, and, with the required resources, we will continue to meet mandate commitments.
I will leave it there, Mr. Chair. I now look forward to taking your questions.
Thank you.
2. Parliamentary environment – overview
2.a. Scenario note
The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA), Supplementary Estimates (B), 2023 to 2024
Overview
The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) has invited you to appear in view of its study of the Supplementary Estimates (B), 2023 to 2024.
Committee Proceedings
Your appearance is scheduled to take place on February 5 from 3:30 p.m. to 4:30 p.m.
You will appear on a panel with the Minister of Citizen Services and be accompanied by:
- Sandra Hassan, Deputy Minister of Labour and Associate Deputy Minister of Employment and Social Development
- Karen Robertson, Chief Financial Officer
- Cliff Groen, Associate Deputy Minister of Employment and Social Development Canada and Chief Operating Officer for Service Canada
You have no outstanding follow up written responses due to the Committee.
There is a possibility that additional MPs will be present outside of those who are committee members. Of interest to your portfolios, should they decide to be part of the meeting, would be Chris Lewis (Essex, CPC) and Andréanne Larouche (Shefford, BQ).
You are expected to receive questions on C-58, sustainable jobs, the need for more energy workers, and likely on Stallantis and the Windsor plant. Questions on poverty amongst seniors and the impacts of the rising cost of living on older persons are also possible.
HUMA has agreed that questioning of witnesses would be allocated as follows:
In round 1, there are 6 minutes for each party in the following order:
- Conservative Party
- Liberal Party
- Bloc Québécois
- New Democratic Party
For the second and subsequent rounds, the order and time for questioning is as follows:
- Conservative Party: 5 minutes
- Liberal Party: 5 minutes
- Bloc Québécois: 2 and a half minutes
- New Democratic Party: 2 and a half minutes
- Conservative Party: 5 minutes
- Liberal Party: 5 minutes
2.b. Member biographies
House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA).
HUMA membership
- Chad Collins (LPC)
- Michael Coteau (LPC)
- Wayne Long (LPC)
- Peter Fragiskatos (LPC)
- Robert (Bobby) J. Morrissey (LPC)
- Tony Van Bynen (LPC)
- Rosemarie Falk (CPC)
- Michelle Ferreri (CPC)
- Tracy Gray (CPC)
- Scott Aitchison (CPC)
- Bonita Zarrillo (NDP)
- Louise Chabot (BQ)
Liberal party of Canada
- Chad Collins, Ontario
- Michael Coteau, Ontario
- Wayne Long, New Brunswick
- Peter Fragiskatos, Ontario
- Robert (Bobby) J. Morrissey, Chair, Prince Edward Island
- Tony Van Bynen, Ontario
Conservative party of Canada
- Rosemarie Falk, Saskatchewan Associate Labour Critic
- Michelle Ferreri, Ontario Families, Children and Social Development Critic
- Tracy Gray, Vice-Chair, British Columbia Employment, Future Workforce Development and Disability Inclusion Critic
- Scott Aitchison, Ontario Housing and Diversity and Inclusion Critic
New Democratic Party of Canada
Bonita Zarrillo, British Columbia, Disability Inclusion Critic.
Bloc Québécois
Louise Chabot, Vice-Chair, Québec, Employment, Workforce Development and Labour Critic.
Committee members biography
Chad Collins, Liberal Party, Hamilton East—Stoney Creek, Ontario

Brief biography
Chad Collins was first elected to the House of Commons for Hamilton East - Stoney Creek on September 20, 2021. A lifelong resident of Hamilton East - Stoney Creek, Chad resides in the Davis Creek area with his wife Mary and 2 children, Chase and Reese. He attended Glendale Secondary School, the University of Western Ontario, and McMaster University. Chad was first elected to City Council in 1995, at the age of 24, making him one of the youngest elected representatives in the City's history.
Chad is passionate about engaging local residents and community stakeholders, focusing on revitalization of infrastructure, development of social housing and stream-lining municipal programs.
As President of City Housing Hamilton, Chad has been committed to addressing the City's aging affordable housing stock by pressuring all levels of government to invest in the much needed repair of over 7,000 publicly owned units. He continues to work on nearly a dozen new projects across the City and in the riding that will provide new affordable housing units to those in need.
From the creation and development of new community parks and trails to the opening of a new food bank, Chad knows community consultation is an integral part of improving quality of life for everyone in Hamilton East - Stoney Creek.
Of note: key issue of interest: affordable housing
Michael Coteau, Liberal Party, Don Valley East, Ontario

Brief biography
Michael Coteau was first elected to the House of Commons for Don Valley East on September 20, 2021. He has served as the Member of Provincial Parliament for Don Valley East since 2011. During his time in the Ontario government, his ministerial roles include: Minister of Children and Youth Services; Minister Responsible for Anti-Racism; Minister of Tourism, Culture and Sport; Minister Responsible for the 2015 Pan/Parapan American Games; and Minister of Citizenship and Immigration.
Prior to entering the provincial government, Michael was elected as a school board trustee for the Toronto District School Board (TDSB) in 2003, 2006 and 2010. As a trustee, Michael advocated for student nutrition, community use of space and the use of educational technology. He initiated the ‘Community Use of Schools’ motion that drastically cut user fees and made schools more accessible to groups that offer programs for children. He helped introduce nutritional changes in schools that supported healthy food programs and increased awareness of student hunger.
Michael worked as an ESL instructor and curriculum developer before becoming a community organizer for a United Way agency in Scarborough. He was also the Marketing Manager for ABC Life Literacy, where he was responsible for the organizing of the Family Literacy Day across Canada, and was Executive Director of Alpha Plus, a national literacy organization mandated to support adult education through the use of technology. Michael grew up in Don Valley East and attended Don Mills Middle School and Victoria Park Collegiate Institute. He holds a degree from Carleton University in Political Science and Canadian History. He and his wife Lori live in Toronto with their 2 daughters, Maren and Myla.
Of note:
- spent 10 years in the Ontario legislature
- key issues of interest:
- low-income families
Wayne Long, Liberal Party, Saint John — Rothesay, New Brunswick

Brief biography
Wayne Long was first elected to the House of Commons for Saint John — Rothesay in 2015 and was re-elected in 2019 and 2021. He is a member of the Saint John community with national and international business experience. Wayne currently serves as President of the Saint John Sea Dogs, and his efforts have helped turn the team into one of Canada’s most successful CHL hockey franchises winning the cherished Memorial Cup in 2011. That same year, Wayne was recognized with the John Horman Trophy, awarded to the Top Executive in the QMJHL.
Prior to his work with the Sea Dogs, Wayne was President of Scotiaview Seafood Inc. He was also a successful large-scale product manager with Stolt Sea Farm Inc. Wayne’s work has seen him travel across North America, negotiating contracts with national restaurant distributors, restaurant chains, and retail chains. He earned the North American Excellence in Sales and Marketing award twice. Wayne is a former Board Member for Destination Marketing and Salmon Marketing.
Wayne was born in the riding, and currently calls the area home alongside his wife, Denise, and their 2 children, Khristian and Konnor.
Of note:
- has been a member of HUMA since the beginning of the 42nd Parliament (2015).
- key issues of interest:
- poverty
- mental health
- outspoken support of the Energy East oil pipeline project
- previously broken ranks with party (Energy East, tax policy, SNC-Lavalin) which resulted in being kicked off House committees as punishment
- frequently makes sports parallel (hockey)
- government programs and support that benefit his constituents
Peter Fragiskatos, Liberal Party PS to the Minister of Housing, Infrastructure and Communities – London North Center, Ontario

Brief biography
Peter Fragiskatos was first elected as the Member of Parliament for London North Centre in 2015.Mr. Fragiskatos previously served as Parliamentary Secretary to the Minister of National Revenue. Additionally, he has served as a member of the National Security and Intelligence Committee of Parliamentarians, the Standing Committee on Finance, and the Special Committee on Canada-China Relations. He was also a member of various other committees, parliamentary associations, and interparliamentary groups. Prior to entering federal politics, Mr. Fragiskatos was a political scientist at King’s University College at Western University and a media commentator. His works have been published by major Canadian and international news organizations, including Maclean’s, The Globe and Mail, The Toronto Star, BBC News, and CNN. Born in London, Ontario, Mr. Fragiskatos has combined his passion for politics with a desire to give back to his community. He has served on the boards of Anago (Non) Residential Resources Inc. and the Heritage London Foundation. An active volunteer, he ran a youth mentorship program and has worked with many local not-for-profit groups, such as the London Food Bank, the London Cross-Cultural Learner Centre, and Literacy London, a charity dedicated to helping adults improve their literacy skills. Mr. Fragiskatos holds a political science degree from Western University, a Master’s degree in International Relations from Queen’s University, and a PhD in International Relations from Cambridge University. He lives in London with his wife, Katy, and their daughter, Ava.
Of note:
- Parliamentary Secretary – PS to the Minister of Housing, Infrastructure and Communities
- key issues of interest:
- non Parliamentary Committee Member: National Security and Intelligence Committee of Parliamentarians (2021)
- Canada-China relations
Robert (Bobby) J. Morrissey, Liberal Party, Egmont, Prince Edward Island

Brief biography
In 2015, Bobby was elected to the House of Commons and was re-elected in 2019 and 2021. He served as a Member on the Standing Committee on Fisheries and Oceans, as well as the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. Previously, he was elected to the Prince Edward Island Legislative Assembly in 1982 and has dedicated his career and volunteer life to serving the residents of PEI. Having served as MLA for nearly 20 years, Bobby has a deep understanding of his communities’ needs. He has held a number of high-profile roles within the Assembly, such as Minister of Transportation and Public Works, Minister of Economic Development and Tourism, and Opposition House Leader. He was also responsible for the redevelopment of the Canadian Forces Base Summerside and the surrounding community following its closure by the federal government in 1989. Bobby left politics in 2000 to join the private sector as a consultant specializing in government relations, fisheries, and the labour market. Bobby has been a member of the Board of Directors for the Heart & Stroke Foundation of PEI. He was the founding member and former president of the Tignish Seniors Home Care Co-op, and Vice-Chair of Tignish Special Needs Housing.
Of note:
- chair of HUMA
- former member of HUMA in 2019 (briefly before the general election)
Tony Van Bynen, Liberal Party, Newmarket — Aurora, Ontario

Brief biography
Tony Van Bynen was first elected to the House of Commons for Newmarket-Aurora in 2019 and re-elected 2021. A resident of Newmarket for over 40 years, Tony and his wife Roxanne raised their two daughters there. Community service, volunteerism, and helping those who need it most is what drives Tony every day. He and Roxanne have volunteered at the Southlake Hospital, and the Inn from the Cold, for over 10 years. They also deliver food for the Newmarket Food Bank, and Tony was instrumental in creating Belinda’s Place, which is a multi-purpose facility for homeless and at-risk women. He also had the privilege of serving as the Mayor of Newmarket for 12 years. During that time, community building is what guided Tony on his mission to revitalize Main Street, renew the historic Old Town Hall, and build the Riverwalk Commons so families and friends can enjoy great public places. Through his previous role as the President of the Chamber of Commerce, and his 30-year career in banking, Tony understands what local businesses need to thrive and grow. He’s delivered innovative solutions to help local business owners find success, including creating the Envi broadband network, so businesses in the community have ultra-high-speed connectivity, which has been particularly crucial during the pandemic.
Of note: key issues of interest: focused studies to help Canadians, especially getting through the pandemic.
Rosemarie Falk, Conservative Party, Associate Labour Critic— Battlefords-Lloydminster, Saskatchewan

Brief biography
Rosemarie Falk is the Conservative candidate for Battlefords-Lloydminster. Rosemarie was born and raised in Lloydminster, Saskatchewan. Along with her husband Adam, she is now raising her children there. She has always been actively engaged in her community. Throughout her social work career and extensive volunteer work she has worked with some of the most vulnerable members of the community. Rosemarie was first elected to the House of Commons in a by-election on December 11, 2017. Prior to this, Rosemarie worked as a registered Social Worker in Saskatchewan and has a Bachelor of Social Work from the University of Calgary. She also has experience as a legal assistant specializing in family law and as a legislative assistant in federal politics. In October 2022, under the new Conservative Party leader, she was named to the new Official Opposition's Shadow Cabinet as the Associate Shadow Minister for Labour and Associate Labour Critic.
Of note:
- she has served as a member of the Standing Committee on Citizenship and Immigration
- sponsor: Bill C-318, An Act to amend the Employment Insurance Act and the Canada Labour Code (adoptive and intended parents)
- Rosemarie is committed to being a strong voice for seniors, families, taxpayers and rural communities
- associate Critic- Labour in the Official Opposition's shadow cabinet
Michelle Ferreri, Conservative Party for Families, Children and Social Development Critic, Peterborough, Kawatha, Ontario

Brief biography
Michelle is the Member of Parliament for Peterborough-Kawartha and was elected in the 2021 federal election. Michelle was appointed as Shadow Minister for Tourism as part of the Conservative Shadow Cabinet for the 44th Parliament. In October 2022, under the new Conservative Party leader, she was named to the new Official Opposition's Shadow Cabinet as the Minister for Families, Children and Social Development. Prior to being elected, Michelle was a well-known community advocate, an award-winning entrepreneur, a committed volunteer, and a highly sought-after public speaker and social media marketer. Michelle has over 20 years’ experience in media, marketing and public speaking. During her time as a reporter, one of Michelle’s most memorable experiences was when she had the opportunity to visit the Canadian Forces Base, Alert and fly to the station on a C-17 Globemaster. Michelle is a graduate of Trent University (Biology/Anthropology) and Loyalist College (Biotechnology). Her education in science has led her to be a passionate advocate for physical and mental health. She is a proud mother of three children, between the ages of 12 and 17, and shares her life with her supportive partner, Ryan, and his three daughters.
Of note:
- she is a member of the Standing Committee on the Status of Women since December 9, 2021
- Michelle is interested in physical and mental health, housing, the economy and food security
- Critic- Families, Children and Social Development in the Official Opposition's shadow cabinet
Tracy Gray, Conservative Party, Employment, Future Workforce Development and Disability Inclusion Critic, Calgary, Midnapore – Kelowna- Lake Country, British Columbia

Brief biography
Tracy was elected to serve as Member of Parliament for the riding of Kelowna-Lake Country in October 2019. In October 2022, under the new Conservative Party leader, she was named to the new Official Opposition's Shadow Cabinet as the Shadow Minister for Employment, Future Workforce Development and Disability Inclusion. She previously served as Shadow Minister for Interprovincial Trade and as the Shadow Minister for Export Promotion and International Trade. Tracy has extensive business experience and worked most of her career in the BC beverage industry. She founded and owned Discover Wines VQA Wine Stores, which included the number one wine store in BC for 13 years. She is has been involved in small businesses in different sectors including financing, importing, oil and gas service and a technology start-up.
The daughter of a firefighter and Catholic School teacher, Tracy grew up around service and a strong work ethic. She has one son and been married for 27 years. Tracy has received many accolades including RBC Canadian Woman Entrepreneur of the year, Kelowna Chamber of Commerce Business Excellence Award and 100 New Woman Pioneers in BC. Tracy served with many organisations over the years. She was appointed to serve by BC Cabinet to the Passenger Transportation Board and elected to the Board of Prospera Credit Union for 10 years. In addition, she served on the Okanagan Film Commission, Clubhouse Childcare Society, Okanagan Regional Library Trustee and Chair of the Okanagan Basin Water Board.
Of note:
- Critic – Employment, Future Workforce Development and Disability Inclusion in the Official Opposition's shadow cabinet
- sponsor: Bill C-283, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries) and M-46 National Adoption Awareness Month (outside order of precedence)
Scott Aitchison, Conservative Party, Housing and Diversity and Inclusion Critic—Parry Sound—Muskoka, Ontario

Brief biography
Scott Aitchison was born and raised in Huntsville, Ontario. After leaving home at 15, Scott was raised by the character of his hometown. In October 2022, under the new Conservative Party leader, he was named to the new Official Opposition's Shadow Cabinet as the Shadow Minister for Housing and Diversity and Inclusion. Scott was first elected at the age of 21 to Huntsville Town Council. After serving as Town Councillor, District Councillor and Deputy Mayor, he was elected as Mayor of Huntsville in 2014 on a promise of fiscal discipline, responsible governance and excellent customer service. As Mayor, he built a reputation as a consensus-builder relentlessly focused on breaking down barriers and finding solutions.
Of note: Critic – Housing and Diversity and Inclusion in the Official Opposition's shadow cabinet.
Bonita Zarrillo, New Democratic Party Disability Inclusion Critic Port Moody—Coquitlam, British Columbia

Brief biography
Bonita Zarrillo was first elected as Member of Parliament for Port Moody-Coquitlam in 2021. She is known to be a voice for equality and drives systemic change that puts people first. She entered public service so she could advocate for working people and to support the needs of the most vulnerable in the community. She championed buy-local as a tool for small businesses to thrive and to enable them to hire locally, challenged pipeline corporations to pay their fair share, and completed a successful housing affordability strategy that generated the most rental housing starts in her region. On Coquitlam Council, Bonita served on the following: Fraser Health Municipal Government Advisory Council, Multiculturism Advisory Committee, Metro Vancouver Indigenous Relations Committee, Universal Access Ability Advisory Committee, and past Board Member for the Federation of Canadian Municipalities. She sat on the board of two local Not-For-Profits that advocate for gender equality and speaks regularly at The Commission on the Status of Women at the United Nations. Before being elected to municipal government, Bonita worked in consumer products as a Business Analyst for companies across North America and Europe. She has a B.A. in Sociology from the University of Manitoba, a Human Resource Management Certificate from the University of Calgary and has a Computer Science Degree from CDI Montreal.
Of note:
- Critic – Disability Inclusion
- pledged to help Canadians through collaborative committee work
- key issues of interest:
- mental health and suicide prevention
- women’s issues and gender equality
- workers’ conditions
- care economy
Louise Chabot, Bloc Québecois, Employment, Workforce Development and Labour Critic, Thérèse-De Blainville, Quebec

Brief biography
Louise Chabot was first elected as Member of Parliament in 2019 and was re-elected in 2021. She was born in 1955 in Saint-Charles-de-Bellechasse, Quebec, is a Quebec trade unionist and politician. She was president of the Centrale des Syndicates du Québec (CSQ) from 2012 to 2018. The organization initially represented nearly 200,000 members, including 130,000 in the education and early childhood sector. She coordinated a major unionization project that resulted in the consolidation of more than 15,000 family day care managers, a first in the union world in Canada.
Of note:
- Critic – Employment, Workforce Development & Labour Critic
- sponsored the Committee’s study on the Review of the EI Program in 2021; critical of the EI program in general and very outspoken about seasonal workers’ trou noir and inadequate sickness benefits
- interested in seniors’ financial security and their purchasing power
- seek to enact federal anti-scab legislation
- supporter of labour unions – Former president of Centrale des syndicats du Québec (CSQ)
- member of the consultative committee for Quebec’s Pay Equity Commission
- advocate for increase in health transfers
- respect for provincial jurisdictions
- labour shortages
- nurse by profession
3. Labour – Hot issues and background material
3.a. Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012
Issue
On November 9, 2023, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, was introduced to amend the Canada Labour Code to prohibit the use of replacement workers and improve the maintenance of activities process.
Background
- The Minister of Labour’s 2021 mandate letter includes a commitment to prohibit the use of replacement workers when a unionized employer has locked out its employees. As part of the Supply and Confidence Agreement with the New Democratic Party (NDP), this commitment was updated to “introduce legislation by the end of 2023 to prohibit the use of replacement workers, ‘scabs’, when a union[ized] employer in a federally regulated industry has locked out employees or is in a strike”
- Budget 2023, tabled on March 28, 2023, noted that “the ability to form a union, bargain collectively, and strike is essential to a healthy democracy. These important rights can be undermined when an employer brings in replacement workers to temporarily do the work of unionized workers during a strike or lockout.” Acknowledging this, Budget 2023 commits to amend the Canada Labour Code (Code) to prohibit the use of replacement workers in federally regulated sectors and to improve the process to identify activities that must be maintained to ensure the health and safety of the public during a work stoppage
- From October 19, 2022, to January 31, 2023, the Minister of Labour and Seniors held consultations on prohibiting the use of replacement workers in federally regulated workplaces and the maintenance of activities process under Part I of the Code
- A total of 55 stakeholder organizations participated in 5 roundtables that were held during the consultation period. Major unions and labour groups participated. There was also significant sectoral representation, with major employers from key sectors, such as telecommunications, air, marine and rail transportation, and courier and postal services participating in the roundtables. In addition to the roundtables, 71 written submissions as well as 45 personal stories and individual comments were shared
- On September 19, 2023, the Minister of Labour and Seniors released the “What We Heard Report” on prohibiting replacement workers and improving the maintenance of activities process, which summarizes feedback from consultations with employers, labour organizations and Indigenous partners. Employers and unions disagreed strongly on the topic of replacement workers and whether they should be prohibited. Union stakeholders all supported a ban on replacement workers. Many of them urged the Government to introduce legislation as soon as possible. On the other hand, employer stakeholders opposed the idea and argued the Government should not proceed
- Bill C-58 would amend Part I of the Code and the Canada Industrial Relations Board Regulations, 2012 to prohibit the use of replacement workers and improve the process for protecting against immediate and serious danger to public health and safety during a legal strike or lockout (also called the “maintenance of activities process”). The amendments would come into force 18 months after the bill receives Royal Assent
Key facts
- The Code does not currently prohibit employers from using replacement workers in the event of a work stoppage to continue operations. However, since 1999, it prohibits employers from hiring replacement workers to undermine union representation
- From January 2012 to June 2023, the Labour Program estimates that federally regulated employers used replacement workers to do the work of striking or locked out employees in approximately 42% of work stoppages
- British Columbia and Quebec currently prohibit employers from using replacement workers during a strike or lockout. Ontario enacted legislation in 1993 but it was repealed in 1995
- Numerous Private Members’ Bills (PMBs) have been proposed to strengthen the prohibition against using replacement workers in the Code since 1999. The most recent PMBs were introduced in 2022. However, all previous PMBs were defeated or “died on the order paper” in the House of Commons, except the most recent Bill C-302
- Bill C-302, An Act to amend the Canada Labour Code (replacement workers), was introduced by the NDP on October 27, 2022. The NDP has advised that Bill C-302 “should be the guide the government uses to implement anti-scab legislation”
Key messages
- The Government of Canada believes in free and fair collective bargaining because the best agreements are reached through good faith negotiations at the bargaining table
- The use of replacement workers can distract from the bargaining table, prolong disputes, and jeopardize labour relations. As well, the current maintenance of activities process can be lengthy, further prolonging disputes
- The Government introduced Bill C-58 to prohibit the use of replacement workers in federally regulated workplaces during a strike or lockout, and to improve the current maintenance of activities process
- Together, these changes aim to promote collaborative labour relations, protect a meaningful right to strike, limit interruptions to collective bargaining and continue to protect Canadians during work stoppages in federally regulated industries
If pressed on why the coming into force is 18 months after Royal Assent
- Bill C-58 represents one of the most significant changes to federal collective bargaining rules since the 1990s
- These changes would impose significant new responsibilities on the Canada Industrial Relations Board. There will be more issues for the Board and less time to resolve them
- As Minister of Labour, I need to make sure the Board has the resources it needs to prepare itself in dealing effectively with all these new demands and expectations and deliver timely results for Canadian workers
- We need to identify and appoint the right people to the Board who understand the industries, the unions, and the issues. It takes time to identify the right people with the right skills and experience. You can’t rush this
- Accessing the funds to support staffing and other preparations also takes time. People generally don’t like to talk about administrative issues; but they are part of the process, and they matter
- We need Parliament to approve the new funding going to the Board and the team supporting the Board.
- Ensuring we are doing this right is important. It means workers, unions and employers will get decisions on time. It means they can focus on the negotiating table
- That’s what every part of this bill is focused on: getting deals at the table
If pressed on why the ban wouldn’t apply to the public service
- The proposed ban on replacement workers covers organizations covered by Part I of the Canada Labour Code
- While Part I of the Code does apply to many crown corporations, it does not apply to the federal public service, which consists of the core public administration and separate agencies. These organizations are covered by the Federal Public Sector Labour Relations Act
If pressed on economic impacts of the changes
- Bill C-58 would make major changes to the collective bargaining process in federally regulated industries
- Requiring maintenance of activities agreements and banning the use of replacement workers would change how employers and unions negotiate at the bargaining table
- If the bill becomes law, there will be growing pains as both employers and unions adapt, but we ultimately believe that protecting a meaningful right to strike will lead to more balanced collective bargaining
If pressed on the potential for more frequent strikes
- The proposed changes aim to promote collaborative labour relations, keep parties focused on the table and limit interruptions to collective bargaining
- We’re also very fortunate to have top quality mediators at our disposal. The Federal Mediation and Conciliation Service has resolved 96% of labour disputes in 2022 to 2023 without a work stoppage. They have navigated tough negotiations before, and they’ll keep doing it
- The ban on the use of replacement workers would set the table for free and fair collective bargaining to get fair deals at the table. It’s the right thing to do
If pressed on employer concerns/studies that suggest strikes are more frequent and last longer in British Columbia and Quebec, where replacement workers are banned
- Some studies have compared the length and frequency of strikes and lockouts in Quebec and British Columbia, where they ban replacement workers, with the other jurisdictions where they don’t
- There are important caveats with these results. The Canada Labour Code applies to different industries than provincial labour laws do. There’s no guarantee that prohibiting the use of replacement workers in the federal jurisdiction will have the same effects as it has had in British Columbia and Quebec
If pressed on the use of contractors:
- The Bill provides that no contractor would be able to do union work that is normally done by an employee that is on strike or locked out. It is crystal clear on that
- But there are times when an employer may have contractors that do the same or very similar work that unionized employees do. The bill is also clear on what happens here
- Those contractors would be able to continue to do the work they were doing before the notice to bargain was given, as long as they do it in the same manner, to the same extent and in the same circumstances as they did before the notice was given. But to be clear, they can’t do the work of employees in the bargaining unit
- We think this hits the right balance between protecting unionized workers’ work during a strike or lockout, while also allowing the employer to continue to operate legally
3.b. Eradicating forced labour from Canadian Supply Chains
Issue
Budget 2023 announced the federal Government’s intention to introduce legislation in 2024 to help eradicate forced labour from Canadian supply chains. This reinforces the Minister of Labour’s mandate commitment, alongside other named Ministers, to eradicate forced labour in Canadian supply chains and ensure that Canadian businesses operating abroad do not contribute to human rights abuses. The federal budget also indicated that the Government would strengthen the import prohibition on goods produced using forced labour.
Background
- Several jurisdictions have introduced or announced planned measures to address labour exploitation and human rights abuses and violations in supply chains. The US, Mexico and Canada have a prohibition on the importation of goods produced by forced labour as part of CUSMA obligations, and the European Union is developing a regulatory proposal for a similar prohibition. Other jurisdictions have adopted or are developing supply chain legislation to address forced labour and other human rights issues (for example, Australia, France, Germany, the Netherlands, Norway, the United Kingdom and the European Union)
- In Canada, parliamentarians are seized with the issue, with the tabling of several Private Member’s and Senate Public Bills since November 2021Footnote 1. This includes former Senate Public Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act, and to amend the Customs Tariff, which received Royal Assent on May 1, 2023, and came into force on January 1, 2024. Public Safety Canada is responsible for implementing the Act. The Government recognizes that while the Act serves as an important first step, more is needed
- Supply chain legislation is just one tool, among many, needed to address forced labour and other forms of exploitation in global supply chains. There are a number of complementary initiatives across the federal government aimed at tackling the issue of labour exploitation. These include, for example:
- the inclusion of comprehensive and enforceable labour provisions in Canada’s free trade agreements
- the delivery of technical assistance to developing trade partner countries to promote compliance with internationally-recognized labour standards, including forced labour
- for example, the Indo-Pacific Strategy includes $25 million over 5 years, starting in fiscal year 2023 to 2024 to support the enforcement of labour provisions in current and future free trade agreements by Canada’s partners in the region
- The 2022 launch of a new Responsible Business Conduct Strategy
- A strengthened federal procurement contracting regime that includes expectations for suppliers and subcontractors on upholding human rights and
- A prohibition on the importation of goods produced in whole or in part by forced labour, which the government has committed to strengthen
- The Canada Border Services Agency (CBSA) is responsible for the administration and enforcement of the prohibition of goods made using forced labour. ESDC’s Labour Program provides support to CBSA by conducting research and analysis on the risk of forced labour in other countries, including analysis of specific complaints or allegations received by CBSA. CBSA may use information from the Labour Program as well as other sources of information to inform potential enforcement considerations
- In October 2023, the Government hosted a technical stakeholder engagement session to inform the development of government-led due diligence supply chain legislation and means of strengthening the import prohibition on goods produced with forced labour. This session built upon previous consultations, including the 2019 roundtables on possible measures to address labour exploitation in supply chains as well as the feedback received following the release of the subsequent “What we Heard Report” in 2022
- Overall, stakeholders indicated their support for the introduction of due diligence supply chain legislation. However, they emphasized the need to balance clarity of due diligence obligations with flexibility to implement in a manner appropriate to the level of risk and role of various entities, as well as the importance of harmonizing requirements with those of other jurisdictions where possible or appropriate. Many participants also recommended that the government proceed cautiously in developing new elements to strengthen the import prohibition in order to ensure complementarity with other mechanisms (notably supply chain legislation) and other jurisdictions
Key facts
- According to the International Labour Organization’s 2021 Global Estimates of Modern Slavery, there are:
- 27.6 million people in situations of forced labour on any given day
- women and girls make up 11.8 million of this total
- more than 3.3 million of all those in forced labour are children
- most forced labour occurs in the private economy. 86% of forced labour cases are imposed by private actors, 63% in the private economy in sectors other than commercial sexual exploitation and 23% in forced commercial sexual exploitation. State-imposed forced labour accounts for the remaining 14% of people in forced labour
- Forced labour has grown in recent years. There was a 2.7 million increase in the number of people in forced labour between 2016 and 2021
- In addition, the latest International Labour Organization (ILO) and UNICEF global estimates indicate that approximately 160 million children were in child labour at the beginning of 2020. Almost half of those in child labour (over 79 million children) work in hazardous work that directly endangers their health, safety and moral development
- On January 24, 2023, World Vision released its report, Supply Chain Risk Report 2023: Canada’s Growing Child & Forced Labour Problem. The report indicates that there were nearly $48 billion in goods imported into Canada in 2021 that were at risk of being made with forced labour and/or child labour. Some of the goods at risk include electronics, garments and textiles, footwear, coffee, and fish, among others
Key messages
- The 2023 federal budget announced the Government’s intention to introduce legislation in 2024 to help eradicate forced labour from Canadian supply chains. The legislation will be strong, effective, and enforceable
- Supply chain legislation is just one tool, among many, needed to address forced labour and other forms of exploitation
- The Government will also strengthen the import prohibition on goods produced using forced labour
- There is no jurisdiction that currently has both supply chain legislation and an import prohibition on goods produced with forced labour in place
- These measures need to be designed and implemented carefully to be effective in addressing exploitation in supply chains and avoiding unintended harms
- Forced labour is a complex problem that requires considerable work and collaboration between departments, governments, industry and civil society
- We will continue to work closely with stakeholders and international partners to improve the overall approach to tackling forced and child labour
If pressed on the Fighting Against Forced Labour and Child Labour in Supply Chains Act (formerly Bill S-211)
- An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff, received Royal Assent on May 11, 2023, and came into force on January 1, 2024. Public Safety Canada is responsible for implementing the Act
- The Government recognizes that the Act serves as an important first step, however, more is needed
- The Government remains committed to introducing supply chain legislation that is strong, effective, and enforceable
If pressed on the import prohibition
- CBSA is responsible for the enforcement of the import prohibition
- Federal departments are working together to consider means of strengthening the import prohibition, as was committed to in Budget 2023
3.c. Protecting federally regulated gig workers/misclassification/driver’s inc.
Issue
Entitling digital platform workers to job protections under the Canada Labour Code (Code).
Background
- The Minister of Labour and Seniors has a 2021 mandate letter commitment to “advance amendments that entitle workers employed by digital platforms to job protections under the Canada Labour Code. This work will also include collaborating with the Minister of Employment, Workforce Development and Disability Inclusion to ensure better benefits and supports for these workers”
- In Budget 2023, the Government proposed to “amend the Canada Labour Code to improve job protections for federally regulated gig workers by strengthening prohibitions against employee misclassification”
- Labour Program officials held two phases of public and stakeholder consultations from February 2021 to July 2021 to discuss issues in the gig economy and potential policy responses. In December 2022, officials carried out additional targeted consultations focused on legislative amendments aimed at addressing the issue of misclassification
- Taking into account input from 3 phases of consultations, the Government is developing policy options to improve job protections for workers in the gig economy
Key facts
- The share of Canadian workers who engage in gig work at some point during a given year increased from 5.5% to 8.2% between 2005 and 2016, with this share expected to have risen to about 10% over the last few years
- About 250,000 Canadians provided ride or delivery services through digital platforms in 2022. Many other services were offered by Canadians through platforms, such as videos, blogs, or podcasts (58,000 workers), programming, coding, web or graphic design (42,000 workers) and teaching or tutoring (41,000 workers)Footnote 2
- Gig work and platform work generally falls under provincial and territorial labour jurisdiction. This includes the most well-known forms of gig work, such as driving for Uber and Lyft, or delivering food for SkipTheDishes
- Statistics Canada estimates that there may be up to 41,000 gig workers in the federal private sector
- Roughly 63% of these workers operate in the interprovincial road transportation sector, 15% are in the courier and postal services sector, and 10% are in the telecommunication and broadcasting sector.Footnote 3 The remaining 12% are distributed across other federally regulated sectors such as air, rail and maritime transportation, and banking
- Examples of federally regulated gig workers include some interprovincial transport truck drivers, some parcel-delivery persons, and television and radio broadcasting artists and freelancers hired as independent contractors, but who often do not have all the characteristics of a true entrepreneur
- Federally regulated gig workers earned an average annual income of $20,300 in 2016 from gig work, and some earning as low as $11,500 annually in the telecommunications and broadcasting sector
Key messages
- We have seen gig and digital platform work rapidly expand to cover more segments of the economy, and this is changing the way we work
- Our Government is committed to ensuring that workers in the gig economy are treated fairly and have access to greater labour protections
- To make sure that we get things right, 3 phases of consultations with stakeholders and the public were conducted between 2021 and 2022 to better understand how current federal labour protections could be updated to better protect gig and digital platform workers
- The results of these consultations are being taken into account as the Government develops ways to improve job protections for workers in the gig economy
- In Budget 2023, the government proposed to introduce strengthened prohibitions against employee misclassification under the Canada Labour Code to ensure that more gig workers can access labour protections
- If asked what is being done to address the misclassification in the road transportation sector:
- as misclassification has become a common practice in the federally regulated road transportation industry, the Government of Canada announced $26.3 million in new funding over 5 years through the 2022 Fall Economic Statement
- our teams are working to ensure the funding is put to its most efficient and optimal use to take stronger action against the misclassification of workers
- the initiative is allowing the Labour Program to establish a dedicated team to focus on misclassification in the road transportation sector nationally for at least the next 4 years. While we are building the team to full capacity, many (over 100) education sessions and inspections have already taken place with federally regulated employers in the trucking industry
- with this funding, the Government is enforcing the Canada Labour Code so that thousands of workers receive the rights and protections they are entitled to under the Code
- these efforts are expected to create workplaces in the road transportation industry that are more fair, safe, respectful, and inclusive for all
3.d. Implementation of Canada’s Indo-Pacific strategy
Issue
Starting in fiscal year 2023 to 2024, Canada’s Indo-Pacific Strategy includes $25 million over 5 years to help developing trading partners in the region to improve their compliance with labour provisions of current and future free trade agreements.
Background
- Canada’s approach to trade and labour is to include comprehensive and enforceable labour provisions in free trade agreements (FTAs)
- Typically, these provisions commit Canada and its trading partners to implement their respective labour laws that should provide protection for internationally recognized labour rights and principles (for example, freedom of association and collective bargaining, non-discrimination in employment and occupations, the elimination of child and forced labour, and a safe and healthy work environment)
- Canada also provides as much capacity building as possible so developing partner countries can fulfill their trade and labour commitments. The additional funding provided through the Indo-Pacific Strategy will allow Canada to provide more technical assistance and further promote compliance with international labour rights
- Robust labour provisions and technical assistance to developing partners reinforce the international rules-based trading system and help to prevent labour violations in global supply chains
- With respect to Bangladesh, a large garment exporter located in the Indo-Pacific, Canada continues to coordinate with like-minded partners and multilaterally to speed up the pace of legislative labour reforms and press the Bangladeshi government to address recent reports of violence, harassment and anti-union discrimination
Key facts
- In November 2022, $25 million over 5 years was announced for “Labour Program Technical Assistance to the Indo-Pacific for Trade and Labour Compliance”
- The funding will be used to provide additional technical assistance to Indo-Pacific trading partners to improve the enforcement of labour provisions in current and future free trade agreements with Canada
- A first wave of new projects in the Indo-Pacific region will be sent for approval before the end of the fiscal year 2023 to 2024
- In September 2023, Labour Program officials undertook a technical mission to re-engage on improving labour conditions in Bangladesh. This mission confirmed the egregious labour rights violations that continue to take place in Bangladesh, despite the progress achieved in the area of occupational safety since the 2013 Rana Plaza tragedy
Key messages
- The Government has announced $5 million annually over the next 5 years for technical assistance to support trade and labour compliance as part of Canada’s Indo-Pacific Strategy
- With this funding, Canada will provide greater technical assistance and capacity building to Indo-Pacific trading partners to improve the enforcement of labour provisions, including on forced labour, in current and future free trade agreements with Canada
- This will help protect workers’ rights, promote respect for human rights in supply chains and contribute to levelling the playing field for Canadian workers and employers
- Canada recognizes that trade and labour are mutually supportive and that labour provisions in free trade agreements promote a rules-based international system
3.e. Leave related to pregnancy loss
Issue
The Government of Canada committed to amending the Canada Labour Code (Code) to provide paid leave for federally regulated employees who experience a pregnancy loss.
Background
Government’s commitments and Bill C-3
- The Minister of Labour’s mandate letter includes a commitment to “amend the Canada Labour Code to provide up to five new paid leave days for federally regulated employees who experience a miscarriage or still birth”
- An Act to amend the Criminal Code and the Canada Labour Code (Bill C-3), which received Royal Assent on December 17, 2021, includes amendments to the bereavement leave provisions in the Code that will provide up to 8 weeks of unpaid leave for employees who lose a child or experience a stillbirth. The first 3 days will be with pay for employees with 3 months of continuous employment with their employer. No amendments were introduced to address pregnancies that end in a miscarriage. These new leave provisions are not in effect; they will come into force on a day to be fixed by order of the Governor in Council
- In Budget 2022, the government announced “its intention to amend the Canada Labour Code in the coming year to further support federally regulated employees who experience a miscarriage or stillbirth”
- Budget 2023 also proposed “to make amendments to the Canada Labour Code to create a new stand-alone leave for workers in federally regulated sectors who experience a pregnancy loss”
- The Fall Economic Statement 2023 “proposes to amend the Canada Labour Code and An Act to amend the Criminal Code and the Canada Labour Code to create a new paid leave for workers in federally regulated sectors who experience a pregnancy loss”
- The Fall Economic Statement Implementation Act, 2023 (Bill C-59) amends the Code and Bill C-3 to provide employees in the federally regulated private sector with 3 days of leave following a pregnancy loss, and 8 weeks in the event of a stillbirth. 3 days of leave would be paid for employees who have completed 3 consecutive months of continuous employment with their employer
- Bill C-59 would also amend the bereavement leave under the Code to add protections that are consistent with other leaves to better support employees. These include:
- the right to be reinstated in the same (or comparable) position at the end of the leave
- the right to be informed of training opportunities while on leave and
- the right to accumulate benefits while on leave
- The new leave related to pregnancy loss and the amendments to bereavement leave would come into force on a day to be fixed by order of the Governor in Council, but no later than 18 months (540 days) after Royal Assent of this bill
Leave available in circumstances of pregnancy loss
- Under Part III of the Code, employees in the federally regulated private sector who experience a pregnancy loss may be eligible for the following leaves:
- maternity leave: Employees whose pregnancies end during or after
20 weeks’ gestation may be eligible to take 17 weeks of unpaid maternity leave - medical leave: As of December 1, 2022, employees are entitled to earn and take up to 10 days of medical leave with pay per year. Employees could also be entitled to take up to 27 weeks of unpaid medical leave
- personal leave: Employees could be eligible to take up to 5 days of personal leave per calendar year, including 3 paid days if they have completed 3 months of employment with their employer
- maternity leave: Employees whose pregnancies end during or after
- Employees who experience a pregnancy loss could also be eligible to receive Employment Insurance sickness or maternity benefits while they are on unpaid leave
Protections in the provinces and territories
Alberta, Manitoba, Nova Scotia and Prince Edward Island provide leave related to pregnancy loss. The leaves are unpaid and range from 3 to 5 days, except for Prince Edward Island where 1 of the 3 days is paid. The leaves are generally available to the individual who was pregnant, the spouse or common-law partner, and any person who intended to be the legal parent of the child. In Quebec, in the event of a miscarriage, the employee who was pregnant is entitled to 3 weeks of unpaid leave. In the event of a stillbirth, both parents may take 5 days of leave, including 2 days with pay.
Consultations
- In the fall of 2022, the Labour Program held virtual consultation sessions with stakeholders, including representatives from employer organizations, labour groups, Indigenous groups and organizations supporting families experiencing a loss, to seek their views on a paid leave related to pregnancy loss. A discussion paper with questions for consideration was shared in advance of the sessions
- Stakeholders were generally supportive of expanding the leave to include all types of pregnancy loss. Employers did not have strong objections to expanding the scope to cover all pregnancy losses but expressed concerns regarding financial and operational impacts
Key facts
- According to the Public Health Agency of Canada, between 15% and 25% of pregnancies end in miscarriage. Statistics Canada reports that about 3,000 stillbirths occur each year
- The Canadian Institute for Health Information reported over 87,500 induced abortions in 2021. This figure doesn’t capture all abortions performed in non-hospital settings (for example, nurse practitioner and physician offices, community and public health clinics) or at home through medication
- These experiences are prevalent, and the emotional or physical impact they have varies from person to person. Depending on the circumstances of the event, some people may experience profound feelings of grief while others may feel mixed emotions (for example, guilt, anger, anxiety)
- Without proper rest and recovery, some individuals could be at risk of developing prolonged mental health problems, such as clinical depression, anxiety disorders, and post-traumatic stress disorder
Key messages
- Dealing with a pregnancy loss can be extremely challenging, and individuals who experience it may need time away from work to support their recovery. Without it, they are more at risk of developing prolonged mental health problems, such as clinical depression, anxiety disorders, and post-traumatic stress disorder
- To better support federally regulated private sector employees during this difficult time, the Government is proposing changes to the Canada Labour Codeto provide 3 days of paid leave following a pregnancy loss. In the event of a stillbirth, employees would be entitled to prolong their leave for a period of 8 weeks without pay
- The new leave will provide workers with greater job and income security while they recover. It will be available to the individual who was pregnant, their spouse or common-law partner, and any person who intended to be the legal parent of the child, including the biological parent and parents who were planning to have a child through adoption or surrogacy. The leave will be available to individuals who are employed in a federally regulated private sector workplace
3.f. Employment Equity Act review
Issue
Accelerate the review of the Employment Equity Act and ensure timely implementation of improvements.
Background
- The Minister of Labour has a 2021 mandate letter commitment to accelerate the review of the Employment Equity Act and ensure timely implementation of improvements, with the support of the President of the Treasury Board, the Minister of Housing and Diversity and Inclusion, and the Minister for Women and Gender Equality and Youth
- Since the Act was introduced in 1986, progress has been made to correct conditions of disadvantage in employment experienced by 4 designated groups: persons with disabilities, women, Indigenous peoples and members of visible minorities. However, some workers continue to face barriers to equity
- On July 14, 2021, the Government launched a Task Force, composed of 12 members from various backgrounds and fields of expertise, including the Chairperson, Professor Adelle Blackett, to conduct an independent review and provide recommendations on how to modernize the Employment Equity Act
- The Task Force heard from hundreds of stakeholder and partner organizations from public, private and non-profit sectors, including employers, unions, professional associations and members of designated groups and other communities, such as women, 2SLGBTQI+ Canadians, Indigenous peoples, Black and racialized Canadians, persons with disabilities and other under-represented groups, including faith-based networks. Overall, the Task Force held over 100 meetings that involved more than 300 participants representing over 175 organizations. The Task Force also received over 400 written submissions covering the full scope of the Employment Equity Act review, and an additional 350 expressions of views shared via electronic correspondence
- On December 11, 2023, the Minister of Labour and Seniors, accompanied by Professor Blackett, released the report of the Task Force, A Transformative Framework to Achieve and Sustain Employment Equity. The report is comprehensive and includes 187 recommendations covering both the human rights principles to guide the proposed changes and specific actions for implementing those changes
Key facts
- According to the 2022 Employment Equity Act Annual Report, in federally regulated private sector employers covered under the Employment Equity Act:
- women accounted for 39.1% of the workforce, compared to 48.2% labour market availability
- Indigenous peoples accounted for 2.4% of the workforce, compared with 4.0% labour market availability
- persons with disabilities accounted for 4.4% of the workforce, compared with 9.1% labour market availability
- members of visible minorities accounted for 27.4% of the workforce, compared with 21.3% labour market availability
- Within the core public administration:
- women (56.0%) exceeded the labour market availability (53.3%)
- Indigenous peoples accounted for 5.2% of the workforce, compared with 3.8% labour market availability
- persons with disabilities accounted for 6.2% of the workforce compared with 9.1% labour market availability
- members of visible minorities accounted for 20.2% of the workforce, compared to 17.2% labour market availability
Key messages
- Diversity is Canada’s strength, and one of the ways the Government of Canada promotes equality and diversity is through the Employment Equity Act
- Since its introduction in 1986, progress has been made in removing barriers to employment in federally regulated workplaces for the four designated groups under the Act: women, Indigenous peoples, persons with disabilities and members of visible minorities
- However, many workers still face barriers getting a job and advancing their career. We launched a Task Force to conduct a comprehensive review of the Act and advise on how to modernize the federal employment equity framework
- The Government welcomes and broadly supports the Task Force’s recommendations for transforming Canada’s approach to employment equity
- In response, the Government announced its initial commitments to modernize the Employment Equity Act. These include:
- creating 2 new designated groups under the Act: Black people and 2SLGBTQI+ people
- replacing the term “Aboriginal Peoples” with “Indigenous Peoples,” and updating the definition to include First Nations, Métis and Inuit and to ensure it is consistent with the United Nations Declaration on the Rights of Indigenous Peoples Act
- replacing the term “members of visible minorities” with “racialized people” and updating the corresponding definition
- aligning the definition of “persons with disabilities” with the Accessible Canada Act to make it more inclusive
- The Government will soon begin consultations with affected communities and organizations representing unions and employers, on how best to effectively implement these changes, and how other Task Force recommendations could be implemented
- The Government will then introduce legislation to bring the Act into the 21st century
3.g. Sustainable jobs/C-50, Canadian Sustainable Jobs Act
Issue
Actions undertaken and planned by the federal Government to support workers in the transition to a net-zero emissions economy through the creation of sustainable jobs.
Background
- The Minister of Labour and Seniors has a mandate commitment to work with the Minister of Natural Resources to move forward with legislation and comprehensive action to achieve a transition to a net-zero emissions economy through supporting the creation of sustainable jobs
- The purpose of Bill C-50, the Canadian Sustainable Jobs Act, tabled by the government on June 15, 2023, is to facilitate and promote economic growth, the creation of sustainable jobs and support for workers and communities in the shift to a low-carbon economy. The bill provides a framework to ensure transparency, accountability, engagement, and action by the government
- The legislation is a key component of the Government’s interim Sustainable Jobs Plan 2023 to 2025, signed by the Minister of Labour and Seniors, the Minister of Employment, Workforce Development and Official Language, and the Minister of Natural Resources, and released publicly in February 2023. The Plan outlines ten concrete actions, including the commitment to introduce Sustainable Jobs legislation and establish a Sustainable Jobs Partnership Council
- The Plan also reflects the commitments of the 2022 Fall Economic Statement, which proposed to provide $250 million over five years, starting in 2023 to 2024, to Employment and Social Development Canada and Natural Resources Canada to help ensure Canadian workers can thrive in a changing global economy. Specific measures include a Sustainable Jobs Training Fund, a new sustainable jobs stream under the Union Training and Innovation Program, and a Sustainable Jobs Secretariat
The Interim Sustainable Jobs Plan 2023 to 2025
- The Plan precedes and sets an initial frame for the Sustainable Jobs Action Plans that will be released every five years starting in 2025 to guide and organize efforts to support the transition to a low-carbon economy
- The plan has been informed by consultations with provinces and territories, Indigenous peoples, workers and unions, industry, environmental organizations, and Canadians
Legislation
- In 2019, the Government of Canada committed to introduce legislation to support workers and their communities in the transition to a low-carbon economy
- C-50, the Canadian Sustainable Jobs Act, completed second reading on October 23rd. The bill was considered by the House Standing Committee on Natural Resources Canada, including the clause by clause and the vote on proposed amendments. The Bill will continue to move through the legislative process in 2024
Key facts
- Public consultations to inform the development of sustainable jobs legislation were launched in July 2021 and included 17 roundtable sessions with a range of stakeholders, including workers and labour organizations, industry, academia, non-governmental organizations, youth, and experts in skills and training as well as diversity and inclusion
- Since 2015, the Government of Canada has earmarked $120 billion in investments to help achieve climate and environmental objectives, accelerate economic growth, and support the creation of sustainable jobs
- ESDC has also made significant investments in skills programs to support a net zero economy. These programs aim to develop workers' skills through different strategies such as sectoral solutions, community workforce plans, union training and Indigenous partnerships
Key messages
- The commitment to advancing sustainable jobs is about supporting an economic transformation to net-zero that provides opportunities for workers and communities, and to ensuring that all workers have the foundational and transferable skills they need to adapt in the evolving workforce. This transition should be based on well-paid sustainable jobs that are inclusive and provide decent work
- Collaboration is key to our success. That is why the sustainable jobs legislation was informed by feedback from Canadians and include ongoing mechanisms for engagement. This will ensure Canada’s sustainable jobs measures are aligned with the local realities and reflect the needs and experiences of partners and stakeholders, from labour unions, industry, academia and Indigenous organizations, in a meaningful way
- The Government continues to consult with a broad range of stakeholders on sustainable jobs to ensure we get this right for workers as we look to move forward the legislation and comprehensive action
3.h. Employment Insurance adoption measure
Issue
The Fall Economic Statement announced on November 21, 2023, the introduction of a new, 15-week shareable benefit in the Employment Insurance (EI) program for parents through adoption or surrogacy, along with corresponding changes to the Canada Labour Code to ensure job-protected leave for employees in the federally regulated private sector.
Background
The new benefit would fulfill the Government of Canada’s commitment to “introduce a new 15-week benefit for adoptive parents,” as outlined in the 2021 mandate letter to the then Minister of Employment, Workforce Development and Disability Inclusion.
Once this new benefit is in place, parents through adoption or surrogacy would be able to access the same total number of weeks of EI income support as birth parents (who can combine maternity and parental benefits).
Parents through adoption and surrogacy currently have access to the same number of EI parental benefit weeks as birth parents and can choose between up to 40 shareable weeks of standard parental benefits (at 55% replacement rate) or up to 69 shareable weeks under the extended parental option (at 33% replacement rate). However, these parents do not receive the 15 weeks of EI maternity benefits which support recovery from pregnancy and childbirth. (Note: a surrogate can receive maternity benefits because they experienced pregnancy or childbirth).
Once this benefit is in place, it would also bring EI more in line with benefits offered to adoptive parents in Quebec who can access the welcome and support benefit relative to an adoption and the adoption benefit through the Quebec Parental Insurance Plan. Parents through birth, adoption or surrogacy would have access to the same number of weeks of benefits available under their regime (EI or QPIP).
The new EI benefit for parents through adoption or surrogacy would focus on the responsibilities carried out by parents related to the placement of a child(ren) for the purpose of adoption or, in situations such as surrogacy, related to the arrival of a new-born child(ren) under their care.
As such, parents could receive the benefit within a period that would begin the earlier of five weeks prior to the week of the expected placement of the child(ren) or arrival of the new-born child(ren), or the week in which the actual placement or arrival occurs. Benefits would be payable up to 17 weeks after the week of the actual placement or arrival. This period would provide flexibility to parents to claim the benefit in a way that best suits their needs.
Corresponding amendments to the Canada Labour Code would provide employees in the federally regulated private sector with up to 16 weeks of unpaid job-protected leave. The leave duration provides one additional week of job-protected leave to allow EI claimants to serve the one-week waiting period prior to receiving their benefits.
The federally regulated private sector includes about 990,000 employees (or 6% of all Canadian employees) working for 19,150 employers in industries such as banking, telecommunications, broadcasting, and inter-provincial and international transportation (including air, rail, maritime, and trucking), as well as federal Crown corporations. Part III of the Code, where the leave will be added, does not apply to the federal public service.
Private Member’s Bill C-318, introduced on March 8, 2023, by MP Rosemarie Falk (Battleford-Lloydminster, Conservative Party of Canada), aims to introduce a similar benefit that targets a similar population group with the same benefit length and qualifying criteria as the new benefit. However, the proposed benefit under Bill C-318 differs in policy intent, as it focuses on attachment of the child (which is similar to the parental benefit) while the government proposal focuses on the responsibilities related to the placement or arrival of the child. Also differs in implementation timelines, as C-318 would be implemented on royal assent which would be challenging while government proposal would be by Order approved by Governor in Council.
Bill C-318 is currently being studied by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA). The committee heard from the sponsor and witnesses in November 2023 and the clause-by-clause analysis took place on January 29, 2024. HUMA is expected to report to Parliament by February 2024.
Key facts
The 2023 Fall Economic Statement announced the introduction of a new 15-week shareable EI adoption benefit, at an estimated cost of $48.1 million over years and $12.6 million per year ongoing. The Employment Insurance Act and the Canada Labour Code amendments are included in Division 12 of Part 5 of the FES Implementation Act, 2023 (Bill C-59). The Bill was at second reading in the House of Commons as of December 15.
This benefit is expected to support approximately 1,700 Canadian families each year, including 2SLGBTQI+ parents, providing additional EI support to those who become parents through adoption and surrogacy and need to step away from work as they finalize the placement of the child(ren).
Providing adoptive parents with more time and flexibility to spend with their child in the critical period surrounding the placement for adoption can lead to more successful family formation, reduce anxiety for the parents and child, who often experienced traumatic events, and establishes trust. This would indirectly help the child(ren) adapt to a new home, school, routines and access services.
Key messages
On November 21, 2023, the Minister of Finance announced that a new, 15-week shareable benefit for parents through adoption or surrogacy would be introduced in the EI program in her Fall Economic Statement.
Corresponding amendments to the Canada Labour Code would provide employees in the federally regulated private sector with up to 16 weeks of unpaid job-protected leave. The leave duration provides one additional week of job-protected leave to allow EI claimants to serve the one-week waiting period prior to receiving their benefits.
The new benefit would support approximately 1,700 parents through adoption or surrogacy each year with additional EI benefits to carry out their responsibilities related to the placement or arrival of the child or children and will make the program more inclusive for various types of Canadian families, including 2SLGBTQI+ parents and families.
Parents could combine the new benefit with the existing EI parental benefit, making the total number of weeks of income support the same as that of birth parents who can combine maternity and parental benefits.
3.i. Ports review under Sections 106 and 108 of the Canada Labour Code
Issue
Review under sections 106 and 108 of the Canada Labour Code (Code) to examine the structural issues underlying recent labour disputes at ports in British Columbia and similar disputes at ports across Canada.
Background
- On August 9, 2023, the Minister of Labour and Seniors issued a statement indicating that he would initiate a process under section 106 of the Code to examine the structural issues underlying recent labour disputes at ports in British Columbia and similar disputes at ports across Canada
- On October 10, 2023, the Minister announced that 2 experts, Kevin Banks and Anthony Giles, were contracted to begin the first part of the review process. They were tasked with identifying the key questions that require deeper examination and developing proposed terms of reference for this review. Their report was submitted to the Minister on January 19, 2024, and includes proposed terms of reference for a more comprehensive review
- This examination will support the development of long-term solutions that create a harmonious working environment between unions and employers, respect the collective bargaining process and secure the fundamental stability of Canada’s supply chains
- Section 106 of the Code provides the Minister with the power to make inquiries regarding matters that may affect industrial relations
- Section 106 is the same authority that the Minister used to establish the Sims Task Force in 1995, which was the last major review of Part I of the Code (Industrial Relations). Also in 1995, Jamieson and Greyell were appointed under sections 106 and 108 of the Code to conduct an Industrial Inquiry Commission (IIC) into industrial relations at West Coast Ports
Key facts
- The labour dispute between the International Longshore and Warehouse Union – Canada (ILWU) and the British Columbia Maritime Employers Association (BCMEA) involved a 13-day strike at the West Coast Ports in July 2023 that caused serious disruption to the Canadian economy and supply chains
- The work stoppage shut down major operations at 30 West Coast ports, including the Port of Vancouver, which is the third-largest port in North America in terms of volume and the largest port in Canada
- The West Coast Ports strike caused serious disruptions to the economy and created significant obstacles to the movement of goods. This added to existing challenges for Canada’s economy, including supply chain volatility, wildfires, and labour shortages. The dispute impeded the movement of cargo valued at around $10 billion in total, significantly impacting Canadian supply chains in all regions of the country. The most impacted industries were transportation and warehousing, construction, manufacturing, natural resources, and retail trade
Key messages
- The Government supports the collective bargaining process and knows that the best deals are the ones made at the table
- The West Coast Ports strike in the summer of 2023 caused significant and immediate damage to the Canadian economy and Canadians
- I believe there could be some structural issues that might have prohibited the parties from reaching an agreement in a timely manner
- Last August, I committed to initiating a review under the Canada Labour Code to examine the structural issues underlying that dispute and similar labour disputes at Canadian ports
- Following this commitment, I confirmed in October that 2 experts had been contracted to begin the first part of the review process. They have now provided their key findings and recommendations
- We are taking a close look at their suggestions, and will provide an update on the next steps for the broader review
- This should help us develop long-term solutions that create a harmonious working environment between unions and employers, respect the collective bargaining process and secure the fundamental stability of Canada’s supply chains
3.j. Pay equity
Issue
Continue advancing the implementation of the Pay Equity Act across federally regulated workplaces.
Background
- The Minister of Labour’s 2021 mandate letter includes a commitment to continue advancing the implementation of the Pay Equity Act across federally regulated workplaces
- In Canada in 2022, for every dollar a man earned, a woman earned 89 cents on the dollar, as measured in hourly wages for full-time workers
- The Pay Equity Act and Pay Equity Regulations came into force on August 31, 2021. With the Act now in force, to advance the work on pay equity, the focus is on the creation of an administrative monetary penalty (AMP) system and continuing to work with Indigenous partners to identify potential adaptions to make the Act work for Indigenous Governing Bodies
- On November 18, 2023, proposed regulations under the Pay Equity Act were published in the Canada Gazette, Part I for a 30-day consultation period. Initial stakeholder consultations on this regulatory package took place in spring 2022. The proposed regulations would amend the Pay Equity Regulations that support the Pay Equity Act to ensure that pay equity is fully implemented in federally regulated workplaces. More specifically the draft regulations would:
- operationalize the Administrative Monetary Penalties (AMPs) system so that employers who do not ensure pay equity may face fines
- support the collection of additional data to better measure the gender wage gap and the impact of the new regime
- make minor technical amendments to provide clarity on employers’ obligations and align some parts of the Act with the Canada Labour Code
- The Act does not currently apply to Indigenous Governing Bodies (such as First Nations band councils). These workplaces are excluded from the application of the Act until a date specified by the Governor in Council. This delay allows the Government to engage Indigenous Governing Bodies and Indigenous community members to collect their views on the Act itself and see how it can be tailored to ensure positive results in an Indigenous context. Engagement between the Labour Program and national Indigenous partners and rights holders is ongoing
Key facts
- The Pay Equity Act and Pay Equity Regulations irect federally regulated employers to take proactive steps to ensure that they are providing equal pay for work of equal value
- As of 2022, the Act applies to approximately 1.4 million workers employed by federally regulated public and private sector employers with 10 or more employees, as well as in the Prime Minister’s and Ministers’ offices. The regime also applies to parliamentary workplaces, such as the Senate, House of Commons, Library of Parliament, and Members of Parliament
- The Pay Equity Act requires employers to establish a pay equity plan within 3 years of becoming subject to the Act. In addition, employers are required to review and update pay equity plans at least every 5 years to identify and close any gaps that may emerge
- The Act is administered and enforced by the Pay Equity Commissioner, Lori Straznicky, who is a full-time member of the Canadian Human Rights Commission. Ms. Straznicky was appointed as the Pay Equity Commissioner in November 1, 2023, for a term of 5 years. She is supported by the Pay Equity Division at the Canadian Human Rights Commission
Key messages
- We have taken long-overdue action to make equal pay for work of equal value a reality for federally regulated workers
- The Pay Equity Act, which came into force on August 31, 2021, directs employers to take proactive steps to ensure that they are providing equal pay for work of equal value and has brought about a dramatic shift in how the right to pay equity is protected in federally regulated workplaces
- The pay equity regime is administered and enforced by Lori Straznicky, the federal Pay Equity Commissioner, who is supported by the Pay Equity Division at the Canadian Human Rights Commission
- Proposed Regulations under the Pay Equity Act were published last November , for a 30-day consultation period. The proposed Regulations would amend the regulations to, among other things, strengthen the Pay Equity Commissioner’s ability to encourage compliance
- I will continue to advance the implementation of the Pay Equity Act by moving forward regulations that will support the Act to ensure that pay equity is fully implemented in federally regulated workplaces
3.k. Pay transparency
Issue
The Government of Canada fulfils its commitment to addressing pay gaps through the introduction of pay transparency measures for private-sector employers subject to the Employment Equity Act (the Act).
Background
- A pay gap is the average difference between what 2 groups typically earn. A pay gap provides a basic understanding of what the pay balance looks like within an organization. It is determined by comparing the pay of a subject group (for example, women) to a comparator group (for example, men) and expressing it as a dollar value
- Despite narrowing educational and work experience gaps, the gap in pay between men and women persists among workers in Canada. Some of the reasons cited for this ongoing disparity include:
- inflexibility in standard hours of work
- workforce interruptions
- lower likelihood of negotiation over salary, raises, and promotions
- gender discrimination in hiring
- Pay gap reporting is about making pay gap information publicly available so it can help to shift business culture and expectations towards greater equality. Since 1986, federally regulated employers have provided pay information as part of their reporting obligations under the Act. Prior to the 2022 reporting cycle, the employment equity reports submitted annually by employers were publicly available online but pay gap data was not highlighted
- The new approach will provide Canadians with user-friendly, comparative online information on a Government website Equi’Vision, on designated group (for example, women, Indigenous peoples, persons with disabilities and members of visible minorities) representation rates and pay gaps for each federally regulated private-sector employer. Individual employee information, including data related to individual salaries, will not be reported or published
Key facts
- While educational and work experience gaps are narrowing, the gap in pay between men and women persists among workers in Canada. In Canada in 2021, for every dollar a man earned, a woman earned 89 cents as measured in hourly wages for full-time workers
- Among federally regulated private-sector employees in permanent full-time positions in 2021, 82.4% of men and 72.3% of women earned $50,000 and more per year. This compares to:
- 80.5% of Indigenous men and 67.3% of Indigenous women
- 82.3% of men with disabilities and 73.6% of women with disabilities
- 79.7% of visible minority men and 70.6% of visible minority women
- Budget 2018 committed $3 million over 5 years, starting in 2018 to 2019, to implement pay transparency for federally regulated private-sector employers with 100 or more employees to reduce pay gaps. Budget 2019 announced amendments to the Employment Equity Act and Regulations to support the implementation of pay transparency measures. Following several rounds of stakeholder consultation, the amendments came into force on January 1, 2021
- Employers reported their first pay gap information for the 2021 reporting year on June 1, 2022. This information will be published online in the coming weeks
- The Government’s new pay transparency measures will make pay gap information for women, Indigenous peoples, persons with disabilities and members of visible minorities working in federally regulated workplaces (for example, banking, communications, transportation) publicly available
Key messages
- We will soon be the first country to publish pay gaps that go beyond gender on a new website. The website will provide the public with information on representation rates and pay gaps for women, Indigenous peoples, persons with disabilities and members of visible minorities
- The online information will include comparable pay gap information for each employer. Information will include mean and median hourly pay gaps, the mean and median bonus pay gaps, and the mean and median overtime pay and hours gaps
- Canadians told us that they want pay discrimination to end. It is important that we get this right. This initiative will provide the information needed, so that employers and workers find a solution to recognize the value of all workers
- The UK has tried this, and it works. All large employers in the UK publish gender wage gaps online annually since 2017. The results are clear. Publishing pay gaps raises awareness about this issue
3.l. Menstrual products
Menstrual products in federally regulated workplaces
Issue
The Minister of Labour’s mandate letter includes a commitment to lead efforts to provide menstrual products in federally regulated workplaces to help ensure menstruating employees’ participation in work.
Background
- Regulations under Part II (Occupational Health and Safety) of the Canada Labour Code (the Code) require employers to provide supplies such as toilet paper, soap, warm water, and a means to dry hands
- Providing menstrual products, including pads and tampons, in the workplace can relieve health risks that menstruating employees may face when menstrual products are not available
- Regulatory amendments to require employers to provide menstrual products for employees in federally regulated workplaces were published in Part II of the Canada Gazette on May 10, 2023, and came into force on December 5, 2023
- 6 different consultation activities on the Menstrual Products regulatory initiative took place. Specifically:
- in May 2019, a Notice of Intent was published in Part I of the Canada Gazette
- in June 2021, a round table of experts was convened
- in August 2021, a Summary of Findings and an online survey were published for public comment
- in April 2022, a consultation session was held with a broad range of stakeholders
- in August 2022 Modern treaty holders, other Indigenous governments, and Indigenous organizations had the opportunity to inform the Regulations through an engagement discussion paper
- in October 2022, the proposed regulations were pre-published in the Canada Gazette, Part I for stakeholder and public feedback
- Total cost for those consultations were approximately $20,000. These costs were for publication in the Canada Gazette as the consultations were conducted virtually and in-house
Key facts
- In federally regulated workplaces, close to 500,000 employees, who account for approximately 35% of this workforce, could benefit from the provision of menstrual products
- A 2018 survey found that one third of Canadian women under the age of 25 struggled to afford menstrual products, while 70% have missed work or school, or have withdrawn from social activities, because of their period (Plan Canada International, 2018)
- A 2013 study conducted in the United States found that 86% of women have started their period unexpectedly in public without the supplies they need, causing feelings of anxiety or embarrassment, and often resulting in the disruption of workplace activities (Free the Tampons, 2013)
Key messages
- Limited access to menstrual products at work can put the health and safety of workers at risk. We have strengthened regulations under the Canada Labour Code to ensure menstrual products are treated like other basic sanitation products, such as toilet paper and soap, and are made available at no cost to employees when they need them at work
- Providing menstrual products in the workplace better protects the physical and psychological health and safety of employees who may need them
- Employers are now required to provide menstrual products in all washrooms, regardless of gender, or another accessible location that offers reasonable privacy in workplaces they control so that any employee who needs them while on the job has access
- The more we talk about it and the more we ensure access to menstrual products, the more we help to lift the stigma and create healthier, safer and more inclusive work environments
- This initiative advances the Government’s commitment to a more inclusive Canada by ensuring all employees’ participation in healthy and safe workplaces
- The final regulations, which apply to federally regulated workplaces, are now available in Part II of the Canada Gazette and came into force on December 15, 2023
- Guidance material to support implementation of the new regulations is now available on Canada.ca: Requirements for employers to provide menstrual products in federally regulated workplaces
3.m. Paid medical leave
Issue
The Government has implemented new paid sick leave provisions, which were introduced under an Act to Amend the Criminal Code and the Canada Labour Code (Bill C-3).
Background
Ten days of paid sick leave
- The Minister of Labour’s 2021 mandate letter included a commitment to “Secure passage of amendments to the Canada Labour Code to provide 10 days of paid sick leave for all federally regulated workers”
- Bill C-3, which received Royal Assent on December 17, 2021, provides that employees in the federally regulated private sector are entitled to earn and take up to 10 days of medical leave with pay per calendar year
- In March 2022, the Labour Program held consultation sessions with employer and employee representative organizations, as well as representatives from specific sectors, on the implementation of paid sick leave and the development of supporting regulations. On March 22, 2022, the Government announced an agreement with the New Democratic Party that included, “ensuring that the 10 days of paid sick leave for all federally regulated workers starts as soon as possible in 2022.” In Budget 2022, the Government proposed to “introduce minor amendments to [Bill C-3] to support timely and effective implementation of ten days of paid medical leave for workers in the federally regulated private sector”
- On June 23, 2022, Bill C-3 was amended via Bill C-19, the Budget Implementation Act, 2022, No.1 to ensure paid sick leave came into force no later than December 1, 2022. The amendments also responded to certain stakeholder concerns and corrected minor technical issues. Final regulations supporting the implementation of paid sick leave were published in the Canada Gazette, Part II on November 23, 2022. The legislation and the regulations came into force on December 1, 2022
- The Labour Program secured 8.9 million dollars over 3 years starting in 2022 to support the implementation of paid sick leave. This funding will ensure that the Labour Program has sufficient capacity to ensure compliance and enforcement of the new paid sick leave provisions
- 2 Interpretation Program Guidance documents on Medical Leave with Pay and Medical Leave with Pay, No Stacking have been provided to support the implementation of the new leave and the interaction with existing employer benefits
National action plan
- The Minister of Labour’s 2021 mandate letter also included a commitment to convene provinces and territories to develop a national action plan to legislate sick leave across the country, while respecting provincial‑territorial jurisdiction and the unique needs of small business owners
- On February 25, 2022, the Minister of Labour met with his provincial and territorial counterparts to share information and advance work on priority issues in workplaces across the country. Paid sick leave was a topic of discussion. Ministers noted the importance of protecting workers and preventing the spread of illness in the workplace, with several ministers sharing updates on changes in their jurisdictions
- Federal, provincial, and territorial Ministers responsible for Labour met again on June 28, 2022, to discuss paid sick leave, labour shortages, and better supports for workers. The discussion regarding paid sick leave highlighted a range of current approaches with some jurisdictions considering implementing paid sick leave legislation, while others are prioritizing economic recovery from the impacts of COVID-19. Ministers expressed a continued interest in sharing information on this topic
- The April 14, 2023, meeting with federal, provincial, and territorial labour ministers, which was chaired by the Minister of Labour, was also a forum for ministers to share their various approaches to paid sick leave
Key facts
- Part III of the Canada Labour Code sets labour standards for employees in the federally regulated private sector, including about, 945,000 employees (roughly 6% of the Canadian employees) and 19,000 employers
- Bill C-3 will benefit about 582,700 employees, representing 63.3% of all employees employed in federally regulated industries, who have access to fewer than 10 days of paid leave to treat a personal illness or injury
Key messages
- Bill C-3, which received all party support, provides employees in the federally regulated private sector with 10 days of paid sick leave per calendar year
- These amendments to the Canada Labour Code empower employees to prioritize their health and the health and safety of their workplaces
If asked about consultations with Provinces and Territories
- I met with my provincial and territorial counterparts 3 times so far and made the case each time in favour of legislating paid sick leave because it’s good public policy and the right thing to do for both workers and employers.
- Now that federally regulated workers have access to paid sick leave, I am looking forward to sharing results on its implementation with my provincial and territorial colleagues so they are aware of its success and may encourage them to follow our example
If asked about the implementation of paid medical leave
- The Labour Program obtained 8.9 million dollars over three years starting in 2022 to support the implementation of paid sick leave. This funding will ensure that the Labour Program has sufficient capacity to ensure compliance and enforcement of the new paid sick leave provisions
- The Labour Program has provided employers with guidance to support the implementation and address questions on the interaction with existing benefits
Questions & answers - Questions et réponses
(French is included in this section since it was provided in the original binder)
Medical leave with pay - Congé payé pour raisons médicales
Q1. Does the medical leave with pay provisions apply to part-time, casual, and contract employees?
A1. Yes. All continuously employed employees including part-time, casual, and contract employees are entitled to medical leave with pay. These categories of employees should not be treated differently when applying this provision.
Q1. Les dispositions relatives au congé payé pour raisons médicales s’appliquent-elles aux employés à temps partiel, occasionnels et contractuels?
R1. Oui. Tous les employés travaillant sans interruption, y compris les employés à temps partiel, occasionnels et contractuels, ont droit à un congé payé pour raisons médicales. Ces catégories d’employés ne devraient pas être traitées différemment dans l’application de cette disposition.
Q2. Is the year to earn the medical leave with pay a calendar year?
A2. No, not necessarily. The Canada Labour Code (the Code) and Canada Labour Standards Regulations allow some flexibility when defining a year for the purposes of medical leave with pay entitlement.
An employer may choose to establish a year for the purposes of medical leave with pay as follows:
- as a calendar year
- as an alternate year period used by the employer that exists for the purposes of calculating annual vacation entitlement
Q2. L’année de référence utilisée par l’employeur pour le droit au congé payé pour raisons médicales est-elle une année civile?
R2. Non, pas nécessairement. Le Code canadien du travail et le Règlement du Canada sur les normes du travail offrent une certaine souplesse dans la manière de définir une année aux fins du congé payé pour raisons médicales.
Un employeur peut choisir d’établir l’une des options ci-dessous comme année de référence aux fins du congé payé pour raisons médicales :
- une année civile;
- une autre période d’une année utilisée par l’employeur aux fins du calcul au congé annuel.
Q3. If an employee does not take all their entitled medical leave with pay by the end of the year is the balance carried over to the following year?
A3. Yes. Each day of medical leave with pay that an employee does not take in a year is to be carried over to the following year up to a maximum of 10 days. Any unused days of medical leave with pay in a year would be credited to an employee at the beginning of the new year and would count toward the maximum of 10 days that can be earned during the year.
Q3. Si un employé ne prend pas tous les congés payés pour raisons médicales auxquels il a droit avant la fin de l’année, les jours non utilisés sont-ils reportés à l’année suivante?
R3. Oui. Chaque jour de congé payé pour raisons médicales qu’un employé n’utilise pas au cours d’une année est reporté à l’année suivante jusqu’à concurrence de 10 jours. Tous les jours de congé payé pour raisons médicales non utilisés au cours d’une année sont reportés au début de la nouvelle année et pris en compte dans le calcul du maximum de 10 jours pouvant être accumulés au cours de l’année.
Q4. If an employment contract or collective agreement already provides for a paid sick leave benefit, is there still a requirement to provide employees with medical leave with pay under the Code?
A4. If an employee is already entitled to paid leave that is designed to cover the employee’s illness or medical-related absence, then taking a day of such leave could count as a day of medical leave with pay under the Code.
The medical leave with pay is a minimum standard. If an employer already provides an existing paid leave or benefit that serves the same purpose as medical leave with pay that is equal to or greater than the leave entitlement under the Code, then the existing employer leave or benefit could be considered to meet the minimum standard under the Code. Further guidance to support employers and employees in understanding and implementing these provisions can be found in the Interpretations, Policies and Guidelines (IPG) published online.
Q4. Si un contrat de travail ou une convention collective prévoit déjà un congé de maladie payé, est-il toujours nécessaire d’accorder aux employés un congé payé pour raisons médicales en vertu du Code?
R4. Si un employé a déjà droit à un congé payé visant à couvrir les absences pour cause de sa maladie ou absences liées à des problèmes de santé, le fait de prendre un jour de ce congé peut être considéré comme un jour de congé payé pour raisons médicales au sens du Code.
Le congé payé pour raisons médicales est une norme minimale. Si un employeur offre déjà un congé payé ou un avantage qui a le même objectif que le congé payé pour raisons médicales, et qui est égal ou supérieur au droit prévu au Code, le congé ou l’avantage accordé par l’employeur pourrait être considéré comme satisfaisant à la norme minimale prévue par le Code. Les Interprétations, politiques et guides (IPG) publiées en ligne fournissent d’autres orientations permettant d’aider les employeurs et les employés à comprendre et à mettre en œuvre ces dispositions.
Q5. If an employer provides their employees with a short and/or long-term disability plan, providing income replacement in case of illness or injury over a specified benefit period, do they also need to provide their employees with medical leave with pay as per the Code?
A5. Short and long-term disability plans generally do not meet the relevant criteria outlined in IPG -119 (Medical Leave with Pay – No stacking). As a result, in most cases, short and long-term disability plans cannot replace an employee’s medical leave with pay entitlement under the Code and leave taken under these plans cannot count toward an employee’s Code entitlement.
Each situation would need to be assessed on a case-by-case basis.
Q5. Si un employeur offre à ses employés un plan d’invalidité à court et/ou à long terme, qui prévoit un remplacement du revenu en cas de maladie ou de blessure pendant une période déterminée, doit-il également offrir à ses employés un congé payé pour raisons médicales conformément au Code ?
R5. Les régimes d’invalidité de courte et de longue durée ne répondent généralement pas aux critères pertinents énoncés dans IPG -119 (Congé payé pour raisons médicales – pas de cumul (« No stacking »)). Par conséquent, dans la plupart des cas, les régimes d’invalidité à court et à long terme ne peuvent pas remplacer le congé payé pour raisons médicales auquel un employé a droit en vertu du Code et le congé pris en vertu des régimes ne peut pas être comptabilisé dans le calcul des droits de l’employé en vertu du Code.
Chaque situation devra être évaluée au cas par cas.
Q6. Are employees able to choose whether they use personal leave or medical leave when treating their illness or injury?
A6. The Code was amended on December 1, 2022, to remove treating employees’ illness or injury (paragraph 206.6(a)) from the reasons for which personal leave may be taken. Therefore, an employee will no longer be able to take personal leave to treat their illness or injury.
Q6. Les employés peuvent-ils choisir d’utiliser soit un congé personnel ou un congé pour raisons médicales pour traiter une maladie ou une blessure?
R6. Le Code a été modifié le 1er décembre 2022 afin de supprimer l’alinéa 206.6 a) - soigner sa maladie ou sa blessure, des raisons pour lesquelles un congé personnel peut être pris. Par conséquent, un employé ne pourra plus prendre de congé personnel pour soigner sa maladie ou sa blessure.
Q7. Can an employer require that an employee fill out and submit a leave request/application form prior to taking medical leave with pay?
A7. An employee’s entitlement to medical leave with pay under the Code is not contingent on their providing the employer with written notice in the format of the employer’s choice, such as a leave request/application form.
Furthermore, if an employer’s leave request/application form requires additional information from the employee (over and above the date and duration of the leave, and the reason for the leave), the form may be seen as an additional criterion not required by the Code. In such a case, the requirement for a leave request/application form may be found not to be compliant with the Code.
Q7. Un employeur peut-il exiger qu’un employé soumette un formulaire de demande de congé avant de prendre un congé payé pour raisons médicales?
R7. Le droit d’un employé à un congé payé pour raisons médicales en vertu du Code n’est pas lié au fait qu’il fournisse à l’employeur un avis écrit dans le format choisi par l’employeur, comme un formulaire de demande de congé.
En plus, si le formulaire de demande de congé de l’employeur exige des informations supplémentaires de la part de l’employé (en plus de la date et de la durée du congé, et de la raison du congé), le formulaire peut être considéré comme une condition supplémentaire non requise par le Code. Dans ce cas, l’exigence d’un formulaire de demande de congé peut être considérée non conforme au Code.
Q8. Can an employer require a medical certificate?
A8. The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence of at least five consecutive days, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence.
An employer may require a medical certificate from an employee who takes medical leave:
- no earlier than after 5 days of consecutive leave
- no later than 15 days after the employee’s return from leave
Q8. Un employeur peut-il exiger un certificat médical?
R8. L’employeur peut, par écrit et au plus tard 15 jours après le retour au travail d’un employé qui a pris un congé médical d’au moins cinq jours consécutifs, exiger que l’employé fournisse un certificat délivré par un professionnel de la santé attestant que l’employé était incapable de travailler pendant la durée de son congé médical.
Un employeur peut exiger un certificat médical d’un employé qui prend un congé médical :
- pas avant 5 jours de congés consécutifs;
- au plus tard 15 jours après le retour de congé.
3.n. Modernizing federal contractors program to ensure federal contractors are paying employees the federal minimum wage
Issue
In 2021, the Government of Canada announced its commitment to modernize the Federal Contractors Program FCP to ensure federal contractors are paying their employees the federal minimum wage.
Background
- The Federal Minimum Wage (currently $16.65 CAD)Footnote 4 is enforced through the Canada Labour Code (the Code) on federally regulated employers. Federal contractors are not subject to the Code, they are subject to provincial or territorial labour standards legislation
- The intent of the federal minimum wage initiative is to ensure that suppliers to the federal government, pay wages that are commensurate with the level of education, training, and responsibilities employees are required to have for their jobs
- The Federal Contractors Program aims to achieve employment equity outcomes through government procurement. It requires that organizations who do business with the Government of Canada implement employment equity in their workplace
- Government officials are working collaboratively to establish a coordinated approach and implement this commitment in the most effective way possible. The Labour Program is currently collaborating with Treasury Board of Canada Secretariat (TBS) and Public Services and Procurement Canada (PSPC), as the largest federal contracting department, to identify opportunities to pursue common procurement policy modernization objectives
Key facts
- In the 2021 mandate letter, the Minister of Labour was asked to implement the federal minimum wage through a modernized FCP
- The Federal Contractors Program applies to provincially regulated organizations that have a combined workforce of 100 or more permanent employees, and who have received an initial goods and services contract valued at $1 million or more (including applicable taxes)
- Currently, contractors must ensure their workforce is representative of Canada’s labour force with respect to the members of the 4 designated groups under the Employment Equity Act: women, Indigenous peoples, persons with disabilities, and members of visible minorities
- Since 2013, the Labour Program has enrolled over 400 contractors under the Federal Contractors Program based on the $1 million contract value threshold, which represents a fraction of the unique contractors with PSPC
Key messages
- We believe in equity and are working to level the playing field for all Canadians. Creating equitable, diverse, and inclusive workplaces will build a country where every Canadian has a real and fair chance to succeed and contribute to the economy
- The Labour Program is working with Public Services and Procurement Canada, the largest federal contracting department, to establish a coordinated approach and implement this commitment in the most effective way possible
- Our objective remains focused on ensuring federal contractors pay wages commensurate with their employees’ occupational requirements and treating all suppliers fairly across the country
- Through our combined efforts, this initiative will support workers in organizations that contract with the federal government, lift more Canadians out of poverty, and support our economic recovery
4. Seniors – Hot issues and background material
4.a. National seniors strategy
Issue
Is the Government considering a National Seniors Strategy?
Background
- Multiple actors have called for a national seniors strategy over the last few years, including parliamentary committees and various stakeholder groups
- The New Democratic Party (NDP) publicly called for a National Seniors Strategy in 2016. In the 2021 election, the NDP platform included a proposal to lead a National Seniors Strategy, “to make seniors’ healthcare a priority, reduce isolation and address seniors’ poverty.” The proposed NDP Seniors Strategy would include a funded national dementia strategy and an elder abuse prevention program
- Seniors are a diverse population with diverse needs from many perspectives, including age, gender, culture, health and socio-economic status. As such, seniors’ issues are by their nature interdisciplinary and complex, and jurisdiction over health and socio-economic issues faced by seniors is shared across federal, provincial/territorial, municipal and some Indigenous governments
- The Government of Canada’s support to seniors is horizontal in nature, recognizing that policies and programs reflect the diversity of needs within the seniors’ population. Policies and programs span across departmental lines and in a number of areas
- The Government is committed to supporting seniors and ensuring they are able to engage in all aspects of life. The government is strongly engaged in safeguarding the health, well-being and quality of life of seniors, especially during the COVID-19 pandemic
Key facts
- In 2015, a coalition of seniors stakeholders called for the adoption of a national seniors strategy, which was reiterated in 2020. This call was echoed by other seniors stakeholders
- In 2017, the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities called for a national seniors strategy
- In 2018, the National Seniors Council was asked to provide advice on the topic of a national seniors strategy
- In 2022, the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities’ report entitled, Impact of COVID-19 on the Well-being of Seniors, recommended that the Government of Canada create a federal office of the seniors advocate that would have a mandate to develop a national seniors strategy, provide advice to the Government of Canada as regards seniors and their needs, and address elder abuse
Key messages
- The Government of Canada is showing national leadership in supporting the healthy aging of seniors across three key areas of action: fostering the social inclusion and safety of seniors; improving supportive care and services; and supporting the income security of seniors
- We have made interventions to improve Canadians’ retirement security, ensuring they have a better quality of life and stronger financial security
- The Government has also advanced a number of initiatives and made investments that benefit seniors, ranging from new funding for provinces and territories, investing in home care, taking steps to improve the health workforce planning, and making several recent investments to strengthen long-term care in Canada
- Both nationally and internationally, Canada is committed to ensuring seniors age with respect and dignity. Canada is also committed to the protection of human rights of all persons, including older persons
4.b. Caregiving: long-term care
Issue
The pandemic disproportionately affected Canadians living in long-term care homes. Canadians are concerned about the availability of safe, high-quality long-term care services.
Background
Long-term care (LTC) in Canada
- While the federal government provides financial support to the provinces and territories for health care services, the responsibility for matters related to the administration and delivery of LTC falls within provincial and territorial (PT) jurisdiction
- LTC is referenced in the Canada Health Act (CHA) as “extended health care services.” Extended services are not covered by the five criteria of the Act or its extra billing and user charges provisions, and therefore are not subject to the Act’s penalty provisions
- While not mandatory, every PT has LTC legislation, regulations, policies and/or standards, but variations and gaps exist in oversight, infection prevention and control, quality of care and workforce
Mandate letters
Previous Minister of Health mandate letter
The Government of Canada has committed to work in partnership with provinces and territories to strengthen our universal public health care system and public health supports. Specific commitments include:
- support efforts to improve the quality and availability of long-term care homes and beds. This includes working with provinces and territories to improve infection prevention and control measures, identify shared principles, and develop national standards and a Safe Long-Term Care Act to ensure seniors get the care they deserve
- train up to 50,000 new personal support workers and raise wages
Third-party standards development process and Safe Long-Term Care Act
On January 31, 2023, the Government of Canada welcomed the release of complementary, independent LTC standards from the Health Standards Organization (HSO) and Canadian Standards Association (CSA Group) and thanked them for their dedicated work to complete the development of LTC standards. The national standards development process was complementary to, but independent from, the Government of Canada’s collaborative work with PTs to help support improvements in LTC. While Health Canada did not fund the recently released LTC standards, it did provide funding to CSA Group and HSO to support enhanced engagement and consultations with Canadians and stakeholders to ensure the diverse perspectives were considered during the development of both standards.
The Government of Canada is also developing a new Safe Long-Term Care Act to help ensure seniors get the care they deserve, while respecting provincial and territorial jurisdiction. The Government of Canada has undertaken extensive consultations and engagement with stakeholders and Canadians on a Safe Long-Term Care Act. This included consulting with experts, stakeholders, persons with lived experience, and provinces & territories, as well as building on existing collaborations with First Nations and Inuit partners.
A 60-day online consultation (July 21 to September 21, 2023) invited Canadians to share their perspectives and expertise on how to improve the quality and safety of LTC, foster the implementation of the LTC standards, address human resources challenges, and strengthen accountability in the LTC sector.
Recognizing traditional jurisdictional responsibilities over the delivery of LTC, the Government of Canada is also working with provincial and territorial governments on the Safe Long-Term Care Act and how to best support the delivery of quality and safe LTC services.
Key facts
- On January 31, 2023, the Standards Council of Canada, Health Standards Organization (HSO) and Canadian Standards Association (CSA Group) announced the completion and public release of new national long-term care standards
- Together, the standards focus on: the delivery of safe, reliable and high-quality long-term care services; safe operating practices; and, infection prevention and control measures in long-term care homes. They aim to foster a healthy and competent workforce, create safer physical environments, and promote a culture of quality improvement and learning across long-term care homes
- Budget 2023 announced close to $200 billion over 10 years to support the Working Together to Improve Health Care for Canadians Plan
- Funding includes $7.8 billion over five years that has yet to flow to provinces and territories for mental health and substance use, home and community care, and long-term care
- As a part of the previous Minister of Health’s Mandate Letter, Health Canada was tasked with creating a Safe Long-Term Care Act to ensure seniors get the care they deserve
- The Government of Canada has carried out extensive consultations and engagement with stakeholders and Canadians on a Safe Long-Term Care Act
Key messages
- Every senior in Canada deserves to live in dignity, safety, and comfort, regardless of where they live
- The COVID-19 pandemic has highlighted long-standing and systemic challenges in long-term care homes across Canada
- Long-term care residents deserve to live in dignity, comfort and respect. That is why the Minister of Health and the Minister of Seniors were mandated to develop national long-term care standards and a Safe Long-Term Care Act
- In January 2023, the Standards Council of Canada (SCC), Health Standards Organization (HSO) and the Canadian Standards Association (CSA) Group released 2 new complementary, independent long-term care standards. These standards provide guidance for delivering long-term care services that are safe, reliable and centred on residents' needs
- The Government of Canada has carried out extensive consultations and engagement with stakeholders and Canadians on developing a Safe Long-Term Care Act, with the objective of developing this new legislation. A public online consultation was completed in September 2023
If pressed
If pressed on when the Safe Long-Term Care Act will be tabled
- The Government of Canada is committed to doing more to support seniors across the country. We know Canadians want to age closer to home and family, but also expect long-term care to be safe, when needed
- As such, our government is developing a Safe Long-Term Care Act to help ensure that all Canadians get the care they deserve, while respecting provincial and territorial jurisdiction
- The Government of Canada has carried out extensive consultations and engagement on a Safe Long-Term Care Act. This includes consulting with experts, stakeholders, persons with lived experience, and provinces and territories, as well as building on existing collaborations with First Nations and Inuit partners
- The Government of Canada has also recently completed a public online consultation on Safe Long-Term care, which will inform the development of the Act
If pressed on whether the national long-term care standards will be enforced through the new Safe Long-Term Care Ac
- It is important to note that the delivery of long-term care services is a provincial and territorial responsibility
- Federal legislation will need to be respectful of this provincial-territorial jurisdiction. That is, it will not mandate standards or regulate long-term care delivery
- The Government of Canada has already been collaborating with provinces and territories to support improvements in long-term care, as highlighted by the $3 billion investment to support their efforts to ensure standards for long-term care applied and permanent changes are made
- Negotiations are underway. Funding agreements allow us to continue to work together to prioritize the uptake and adherence to the standards in order to provide high quality care to all Canadians that require it
4.c. Community supports, including aging at home
Issue
How are seniors supported to age at home and in their communities
Background
- Aging in place means having the health and social supports and services you need to live safely and independently in your home or your community for as long as you wish and are able
- Canadians strongly prefer aging in place. This has been exacerbated by the COVID-19 pandemic and its impact on long-term care. As many as 96% of Canadians aged 65 and older state that they “would do everything they can” to avoid moving into an institutional setting (National Institute on Ageing, 2022)
- As part of its response to the June 2022 Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA Committee) Report titled The Impacts of COVID‑19 on the Well-Being of Seniors, the government recognized the important impacts the COVID-19 pandemic had on the well-being of seniors, which affected seniors' ability to reach the health and social supports they need to age in place. Various reports have contributed to help the government better understand and respond to impacts COVID-19 had on seniors. For example, the Forum of Federal/Provincial/Territorial Ministers Responsible for Seniors released a report entitled An Examination of the Social and Economic Impacts of Ageism and its complementary A Case Study on Ageism during the COVID-19 Pandemic. The Forum also published a report entitled Social Isolation among Older Adults during the Pandemic, the findings of which were incorporated into a broader report, Enabling older adults to age in community, and the National Seniors Council published a report entitled Seniors Well-Being in Canada: Building on lessons learned from the COVID-10 pandemic
- The Government is investing $90 million for the Age Well at Home initiative, until fiscal year 2025 to 2026. The initiative was announced in Budget 2021 and will support local, regional and national projects led by seniors-serving organizations. Funded projects will pilot new approaches and expand services that have already demonstrated results in helping seniors to age at home
- In addition, supporting the social participation and inclusion of seniors is one of the objectives under the New Horizons for Seniors program
- Through Budget 2022, the Government of Canada invested an additional $20 million in the program over two years to support more projects that improve the quality of life for seniors and help them continue fully participate in their communities
- Over the past year, the federal government has also taken significant steps towards making housing more affordable for Canadians, which could support aging in place. For example, the 2023 Fall Economic Statement announced an additional $1 billion over three years, starting in 2025 to 2026, for the Affordable Housing Fund. This investment will support non-profit, co-op, and public housing providers to build more than 7,000 new homes by 2028. Additionally, the Multigenerational Home Renovation Tax Credit (MHRTC) provides a refundable credit of up to $7,500 for constructing a secondary suite for a senior or an adult who is eligible for the disability tax credit, starting in 2023
- Further, the 2023 Fall Economic committed to provide $200.5 billion over ten years in health transfers to provinces and territories, including $46.2 billion in new funding through new Canada Health Transfer measures, tailored bilateral agreements to meet the needs of each province and territory, personal support worker wage support, and a Territorial Health Investment Fund
- The Government has taken a number of actions to help seniors age in place, but more remains to be done. Budget 2022 proposed the creation of an expert panel to examine measures, including a potential aging at home benefit, to further support Canadians who wish to age at home. The Minister of Seniors and Minister of Health announced in October 2022 that the National Seniors Council (NSC) would serve as the expert panel
- Given their extensive knowledge and expertise on issues relevant to older adults as well as their connections to work being led in communities across the country, the National Seniors Council members were well positioned to provide advice on this important issue
- The Final Report, entitled “Supporting Canadians Aging at Home: Ensuring Quality of Life as We Age”, was submitted to the Minister of Seniors and Minister of Health on September 29, 2023
- To develop their advice, the NSC undertook a scan of the environment, a literature review and extensive engagement (including an online consultation, stakeholder roundtables, and key informant interviews). These activities provided the NSC with an opportunity to consider multiple unique perspectives and hear from diverse voices across the country
Key facts
- With the right supports, some older adults can remain in their homes, while others may need to transition to congregate or institutional living
- The Canadian Institute for Health Information notes that about 1 in 10 of newly admitted long-term care residents potentially could have been cared for at home (2022)
- While there are data comparability issues when comparing Organization for Economic Cooperation and Development (OECD) long-term careFootnote 5. (which includes care at home and in institutions) expenditure data, OECD data suggests that Canada is at or slightly above average when looking both at total long-term care spending as a share of Gross domestic product (GDP) (2% for Canada and 1.5% for the OECD in 2019)Footnote 6 and at Canada's spending on home care as a share of total long-term care spending (18% for Canada versus 18% for the OECD in 2019). The OECD data suggests Canada's remaining long-term care spending goes to hospitals (15%) and to nursing homes (64%), with another 2% falling under the "other" category
- That said, OECD data also suggests that Canada is lagging behind leading countries such as the Scandinavian countries and the Netherlands when looking at total long-term care spending (as a share of GDP) and also lags behind leading countries such as Denmark, Belgium or Norway when looking at the proportion of spending on home care as a share of total long-term care (those countries spend about 50% of their total long-term care spending on home care based on the OECD methodology, while Canada spends about 18%)
Key messages
- Seniors want to live at home and in their communities as long as possible. However, it can become challenging as they age
- The Government of Canada is taking steps to enhance Canadian seniors’ ability to age at home, and receive quality home care. That is why the Minister of Health and I have asked the National Seniors Council to serve as an expert panel to examine measures, including a potential aging at home benefit, to further support Canadians who wish to age within the comfort of their own homes
- As part of their examination of the topic, the National Seniors Council has reviewed literature and gathered evidence on the gaps and areas of greatest need.
In Spring 2023, the NSC led an online survey to gather views from Canadians on measures to further support aging at home which yielded over 12,000 responses. Council members also led virtual roundtables with stakeholders and individuals with lived experience as well as a series of key informant interviews with experts. Over 70 individuals were involved in these roundtables and interviews - The Government of Canada is investing $90 million for the Age Well at Home initiative, until fiscal year 2025 to 2026. This initiative will provide funding to seniors-serving organizations for local, regional and national projects. These projects will test the extent to which volunteers can be mobilized to provide practical supports such as meals, housekeeping, and yard work to help low-income and otherwise vulnerable seniors age at home
- Funding will also be available for regional and national projects to expand services that have already shown positive results in helping seniors stay at home
- The Government of Canada has made additional significant investments to provide supports for older Canadian to age at home in place. This includes:
- $6 billion over 10 years, starting in 2017, to provinces and territories to improve access to home and community care services, including palliative care, and
- $70 million annually for the New Horizons for Seniors Program to help seniors stay active and engaged in their communities, with an additional Budget 2022 investment of $20 million over two years to support more projects
- The Government has taken a number of additional actions to respond to COVID-19 and its impact on seniors such as implementing measures for those facing mental health challenges, including the launch of the Wellness Together Canada portal, which is available to everyone in Canada
4.d. New Horizons for Seniors program
Issue
- How does the New Horizons for Seniors Program (NHSP) support Canadian seniors and their communities?
Background
- The NHSP is a Grants and Contributions program created in 2004 to help ensure that seniors can benefit from, and contribute to, the quality of life in their communities. It achieves this goal through the following program objectives:
- promote volunteerism among seniors and other generations
- engage seniors in the community through mentoring of others
- expand awareness of elder abuse, including financial abuse
- support social participation and inclusion of seniors and
- provide capital assistance for new and existing community projects and/or programs for seniors
- The program has 2 funding streams: community-based and pan-Canadian. The community-based stream funds projects of one-year in duration through grants of up to $25,000 through an annual Call for Proposals. The pan-Canadian stream funds more complex multi-year projects through contributions, for a maximum funding amount of $5 million. The most recent funding opportunities for both streams closed in fall 2023
- The program directly supports the Minister of Labour and Seniors' mandate commitment to advance programming for seniors. The program has a broad array of eligible funding recipients and prioritizes projects that support vulnerable seniors including Indigenous Peoples, seniors with disabilities, members of racialized and newcomer groups, members of 2SLGBTQI+ communities, low-income seniors and veterans
Key facts
- The program funds both community-based and pan-Canadian projects with an annual budget of $70 million:
- the community-based stream's annual budget is $50.04 million
- the Pan-Canadian stream's annual budget is $13.1 million, and
- the administration of the program is $6.86 million
- Since it began, in 2004, the community-based grants stream has funded over 36,700 projects by and for seniors in hundreds of communities across Canada, with a total investment of more than $780 million. The pan-Canadian contributions stream, created in 2007, has supported 149 collaborative projects to support the social inclusion of seniors, representing an investment of more than $102 million
- For the community-based Call for Proposals held in fall 2022, over 4,700 applications were received, representing over $103 million. A total of 3,074 projects were funded in 411 communities for an investment of $61.07 million. There continues to be high demand for this stream, with the number of successful proposals exceeding available funds. For the 2023 Call for Proposals, over 5,900 community-based applications were received representing potential investments of over $130 million. Applications are currently being assessed
- Project proposals are targeted to vulnerable seniors populations. Of the community-based projects funded as part of the fall 2022 Call for Proposals, 87% of funded projects were intended for vulnerable population groups, with many of these projects serving multiple vulnerable population groups:
- 55% for low-income seniors
- 44% for seniors with disabilities
- 39% for newcomer seniors
- 35% for seniors living in rural and remote areas
- 19% for Indigenous seniors, and
- 15% for 2SLGBTQI+ seniors
- recognizing that these percentages are not mutually exclusive
- Ongoing efforts to streamline and simplify the application process make it easier for organizations representing vulnerable groups to apply. The most recent client survey reported an 86% rate of satisfaction with the application process, the highest score received by the Department for the NHSP community-based stream so far
Key messages
- The program supports the Government of Canada’s overarching goal to enhance the quality of life and promote the full participation of seniors in all aspects of life
- Through Budget 2022, the Government of Canada invested an additional $20 million in the program over 2 years, to support more projects that improve the quality of life for seniors and help them continue to fully participate in their communities
- The program makes a meaningful difference in the lives of thousands of seniors every year and helps hundred of communities benefit from the increased social participation and contributions of diverse seniors
- Both the community-based and pan-Canadian streams' most recent funding calls resulted in record numbers of applications received. These applications are currently being assessed and selected projects will be announced next year
4.e. Digital literacy and connectivity
Issue
What is the Government doing to support seniors' digital literacy and connectivity?
Background
- In June 2019, the government released High-Speed Access for All: Canada's Connectivity Strategy. The Strategy represents a historic commitment to make affordable, reliable high‑speed Internet infrastructure available to all Canadians, and to improve mobile access from coast to coast to coast
- The Government’s overall approach to expanding access has been to establish marketplace frameworks to foster competition and investment, effectively manage spectrum to encourage the availability of wireless services and establish targeted funding programs for rural broadband expansion for areas that lack a private sector business case
- To support these efforts, the Government launched the Universal Broadband Fund (UBF) in November 2020, which has dedicated $3.225 billion to support connectivity in underserved rural and remote communities in collaboration with provinces, territories, and other partners. Including the UBF, the government has made a total of $7.6 billion available for broadband expansion since 2015. Collectively, these investments will ensure that 98% of Canadians are connected to high-speed Internet by 2026, with the goal of connecting all Canadians by 2030. The UBF builds on existing programs that continue to roll out. For example, the Connect to Innovate program that is bringing improved internet to over 975 communities, including 190 Indigenous communities, and the Canadian Radio-television and Telecommunications Commission's (CRTC) $675 million Broadband Fund are sourced from a levy on industry
- Through the government’s Connecting Families initiative, Internet Service Providers (ISPs) participate voluntarily to offer discounted home Internet to hundreds of thousands of low‑income households. Recognizing that seniors have significantly lower levels of Internet use than average Canadians, the Connecting Families initiative recently expanded eligibility beyond low-income families to include low-income seniors. With this addition, seniors who qualify for the maximum Guaranteed Income Supplement (GIS) are now eligible to benefit from discounted home Internet service
- The Government’s Digital Literacy Exchange Program led by Innovation, Science and Economic Development, funds non-profit organizations to support digital literacy training initiatives for Canadians who need improved skills and confidence in using computers, mobile devices and the Internet, including seniors
Key facts
- The Government continues to prioritize investment in the development of broadband internet. As part of Canada's Connectivity Strategy, the Government launched the Universal Broadband Fund in 2020 to expand connectivity in rural and remote communities in collaboration with provinces, territories, and other partners
- Since the launch of Digital Literacy Exchange Program in 2017 and an investment of $29.5M over 5 years, the government has provided digital literacy training to over 400,000 participants, to provide them with the basic digital literacy skills needed to fully participate in the digital economy and society. In its first phase, over 200,000 Senior participants were able to take advantage of the program
- Through the New Horizons for Seniors Program, ESDC provides funding to community-organizations for projects that aim to increase seniors' social inclusion. The program has four national priorities which help prioritize project proposals to be funded, one of which is to support healthy aging, including through addressing social isolation by supporting seniors' digital literacy. In 2022 to 2023, 326 community-based projects were funded that included digital literacy activities, for a total of more than $6.5 million
Key messages
- The Government of Canada is committed to ensuring that all Canadians, including seniors, have access to high-speed Internet by 2030 as part of Canada’s Connectivity Strategy. Through the Connecting Families Initiative, the Government of Canada is supporting low‑cost internet service, in collaboration with 18 Internet Service Providers, for those who need it most. The eligibility criteria for the program were recently expanded beyond low‑income families to include low-income seniors
- The Government of Canada is committed to developing digital literacy skills, particularly among underrepresented groups in Canada, which includes Seniors. In 2022, the Digital Literacy Exchange Program was renewed for $17.6 million for an additional three years to support digital literacy skills training to an additional 100,000 participants to ensure that Canadians are equipped to participate in the digital economy and society
- The New Horizons for Seniors Program provides funding to community-organizations for projects that aim to increase seniors' social inclusion. Projects that intend to address social isolation, including through supporting seniors' digital literacy, are funded on a priority basis under one of the four national priorities of the program. Examples of funded projects include those that help seniors access technology and stay connected, which contributes to enhancing their sense of connectedness to their communities and reinforcing their social inclusion. More than $6.5 million was attributed for such projects as part of the 2022 to 2023 call for proposals
4.f. Old Age Security enhancements and processing
4.f.i. Old Age Security enhancements
Issue
What is the Government doing to help seniors make ends meet and cope with the rising cost of living?
Background
The Old Age Security (OAS) program is the first pillar of Canada’s Retirement Income System and plays a significant role in providing income security to Canadians in their senior years. The benefits under the OAS program include the basic OAS pension, which is paid to all persons aged 65 or over who meet the residence requirements, the Guaranteed Income Supplement (GIS) for low-income seniors, and the Allowances for low-income Canadians aged 60 to 64 who are the spouses or common-law partners of GIS recipients, or who are widows or widowers.
To date, the Government has undertaken significant action to improve the financial security of seniors. Since 2016, the Government has:
- increased the GIS top-up for the lowest-income single seniors by up to $947 annually, helping close to 900,000 seniors who rely almost exclusively on the OAS pension and the GIS
- restored the age of eligibility for the OAS pension and the GIS to 65 from 67, preventing about 100,000 future seniors from falling into poverty
- enhanced the GIS Earnings Exemption so that low-income seniors who work can keep more of what they earn. As of July 2020, the enhanced exemption applies to employment and self-employment income and provides a full exemption on up to $5,000 of annual earnings as well as an additional 50% exemption on employment and self-employment income between $5,000 and $15,000. This means that working GIS recipients can earn up to $15,000 in employment and self-employment income before the GIS benefit reduction applies to their full income
- provided a one-time grant payment to compensate seniors who faced financial hardship because they lost their GIS and Allowance benefits after receiving pandemic benefits. Moreover, to ensure this does not recur, the Old Age Security Act was amended to exclude federal pandemic benefits received in 2021 or later from the calculation of GIS and Allowance benefits, beginning in July 2022
- increased the OAS pension by 10% for seniors aged 75 and over in July 2022, which has provided over $800 to full pensioners in the first year
The 2021 Minister of Seniors’ mandate letter also includes a commitment to increase the GIS by $500 for single seniors and $750 for couples, starting at age 65. This measure would require legislative changes to the Old Age Security Act.
The Government remains committed to supporting all seniors, including low-income seniors.
Key facts
In 2022 to 23, $69.4 billion was paid in OAS benefits to 7.1 million beneficiaries, of which $16.1 billion in GIS benefits was paid to 2.4 million GIS beneficiaries.
All OAS benefits are adjusted four times per year (in January, April, July and October) in accordance with changes in the Consumer Price index (CPI). This allows the benefits to keep up with the rate of inflation. In addition, the Old Age Security Act contains a guarantee ensuring that benefits can never go down, even in the event of a decline in the CPI.
In October 2023, the maximum OAS pension for seniors aged 65 to 74 increased by $9.08, from $698.60 to $707.68. This represents an increase of 1.3% from July to September 2023 benefit amounts, and a 3.2% increase over the past year (from October 2022 to October 2023).
Today, in December 2023, a low-income single senior aged 65 to 74 can receive a maximum of $1,764.69 in combined OAS/GIS benefits per month ($21,176.28 per year), while low-income senior couples (where both members are aged 65 to 74) can receive up to $2,687.88 per month in combined benefits for the couple as a whole ($32,254.56 per year).
Key messages
The Old Age Security program has been supporting Canada’s seniors for over 70 years and will continue to be there for Canadians in the years to come.
Old Age Security benefits are an important part of the retirement income of Canadians, particularly lower-income seniors.
Since 2016, we have worked tirelessly to support seniors, from restoring the age of eligibility for Old Age Security benefits to 65 years from 67 years, to increasing the Guaranteed Income Supplement for single seniors by up to $947, to enhancing the Guaranteed Income Supplement Earnings Exemption to help low-income seniors who work, and most recently, increasing the Old Age Security pension by 10% for seniors aged 75 and over.
We will continue to support current and future generations of seniors to ensure all Canadians have the secure and dignified retirement they deserve.
4.f.ii OAS processing
Issue
How has the Government of Canada managed the processing of Old Age Security applications?
Background
The Old Age Security (OAS) program is one of the largest programs of the Government of Canada. In 2022 to 2023, the program paid $69.4 billion in benefits to an average of 7.1 million Canadians each month.
For a significant number of these seniors, OAS benefits (in particular, the Guaranteed Income Supplement and other income tested benefits) represent their only source of income. Not receiving these core benefits on time can cause serious financial hardship.
OAS workload refers to the processing of OAS applications, revisions to benefits and appeals, as well as the supporting elements that provide oversight, ensure timeliness, and quality. An aging population and rising life expectancy has increased the OAS client base, and therefore the workload.
The year end OAS inventory for 2022 to 23 was 889,965 work items, which was within the objective of 800,000 to 900,000 work items. The stabilization of OAS inventories is key to ensuring that seniors receive the OAS benefits that they are entitled to in a timely manner consistent with ESDC’s service standards.
Given the seasonality of the OAS program, workload inventory increases in the first and second quarter of the fiscal year. Based on historical trends, program inventory experiences a reduction in the fourth quarter of the fiscal year.
In 2023 to 2024, while the workload inventory was on track to meet the year-end objective, a change in this trend has been observed since November 2023. Current OAS inventory as of the week ending January 7, 2024, is at 1.1M.
The workload inventory has increased due to several factors, including unexpected system issues related to OAS Automatic Enrollment (these negatively impacted service standard results), an outage of Robotic Process Automation in early December, and correcting incorrect 2020 Canada Revenue Agency (CRA) income data information.
The latest projection is that the OAS network will end the fiscal year with an inventory between 925,000 and 975,000 work items.
Service Canada is actively analyzing the situation and taking the necessary actions to adjust the network’s strategies and get back within the expected range in FY 2024 to 2025.
Additionally, a continuous improvement initiative is underway to implement simplification measures that will increase processing efficiency in the Pensions network. Examples of simplifications include reducing the number of back-and-forth communications with clients and reducing the volume of forms and documentation they must provide and need to be processed.
Key facts
- In fiscal year 2023 to 2024, as of December 31st, 2023, Service Canada paid 86.7% of OAS benefits within the first month of entitlement. This was a slight improvement from the year-to-date (YTD) result of 86.6% in the previous year, compared to the 90% target
- On November 3, 2022, the Fall Economic Statement announced $519M for Old Age Security processing and $90M for the Pensions Call Centre. With this funding, ESDC expects to progressively improve overall results heading into the next fiscal year
- Major improvements have occurred in the Pensions Call Centre. As of the week ending January 12, 2024, for the year-to-date, the Pensions Call Centre had an average wait time of 7.7 minutes (the service standard is to answer 80% of calls within 10 minutes). For the same period last year, the Call Centre had an average wait time of 43.3 minutes
- As of the week ending January 12, 2024, for the year-to-date, the Pensions Call Centre has answered 2.1M calls. For the same period last year, the Call Centre had answered 1.5M calls
Key messages
- Service Canada is committed to supporting seniors through Old Age Security benefits
- Despite a growing number of Old Age Security clients, Service Canada is close to meeting its target for 90% of clients to receive their benefits within their first month of entitlement. Service Canada has also seen a significant improvement in the average call answer wait time within the Pensions Call Centre; year-to-date, the average wait time is 7.7 minutes, compared to over 43 minutes at the same time last year
4.g. Income supports - Guaranteed basic livable income
Issue
Interest around basic income has increased since the beginning of the pandemic.
Background
In December 2021, NDP MP Leah Gazan introduced Bill C-223, a Private Member's Bill that would direct the Minister of Finance to work with Ministerial colleagues, provincial governments, Indigenous representatives, and other stakeholders to develop a national framework for the implementation of a guaranteed livable basic income, which has a similar meaning to “basic income." The Bill completed its First reading in the House of Commons and is currently outside the Order of Precedence (such as, has not been called for debate). In December 2021, Senator Kim Pate introduced Bill S-233, a Senate Public Bill, that uses the same language as Private Member’s Bill C-223. The Bill has completed its second reading and is currently being considered by the Standing Senate Committee on National Finance.
Provincial initiatives
Newfoundland and Labrador (NL) and Prince Edward Island (PEI) have taken significant steps towards basic income in recent years. In 2022, NL announced the creation of a basic income program for youth, limited to youth involved with certain provincial programs. In November 2023, NL announced a “Targeted Basic Income Program” for people aged 60 to 64, limited to those currently receiving certain provincial supports, to match basic federal seniors’ benefits, which they will receive once they reach age 65. In 2020, the government of PEI launched a “secure income” pilot with means-tested benefits for individuals with severe barriers to entering the workforce. In 2022, PEI legislators reconfirmed their support for implementing a Basic Income program in a letter signed by all provincial party leaders. In April 2023, Coalition Canada, a basic income-advocacy group, met with the National Advisory Council on Poverty to discuss their report outlining the details of a potential cost-shared provincial basic income in PEI. In November 2023, PEI Minister Ramsay reached out to Minister Sudds to establish a federal-PEI working group to examine the benefits and impacts of a basic income mechanism, leveraging the work of Coalition Canada.
In January 2023, a new Basic Income Program came into effect in Quebec for individuals already receiving benefits under the Social Solidarity Program and who have had severely limited capacity for employment (for example, serious mental or physical health problems that limit an adult's opportunities to work) for at least 66 months over the previous 72 months. Persons who are eligible are automatically switched from the Social Solidarity Program to the Basic Income Program.
Critics of basic income express concerns about the anticipated costs and disincentives to work, and many oppose payments without requirements to work or seek employment. There are also concerns that important needs-based programming might be cut back or eliminated to help contain costs if a basic income were introduced, potentially leaving some vulnerable individuals worse off. As well, some critics suggest that, rather than a basic income, governments should increase expenditures on social services such as Pharmacare, dental coverage, childcare, and housing.
Key facts
“Basic income” generally refers to programming that provides recipients with guaranteed incomes sufficient to meet basic needs, with few conditions and no requirements to have or seek employment.
In Canada, income support is an area of shared jurisdiction and provincial and territorial governments are responsible for key income support programs such as social assistance.
At the federal level, the Government of Canada already has programs with features of a partial basic income, such as the Canada Child Benefit for families with children, and the Old Age Security pension and the Guaranteed Income Supplement for seniors.
Employment and Social Development Canada (ESDC) monitors basic income research and reports, as well as the outcomes of pilots in Canada and internationally.
Key messages
It is important to recognize that provincial and territorial governments have an important role in decisions about the design and delivery of income support programs in Canada.
The Government of Canada has programs with features of a partial basic income, such as the Canada Child Benefit for families with children, and the Old Age Security pension and the Guaranteed Income Supplement for seniors.
The Government of Canada continues to monitor research around basic income. If a provincial or territorial government decides to proceed with a basic income pilot, the Government of Canada would be pleased to provide support by potentially sharing federal-level administrative, survey, and tax data, that could support program design and evaluation.
If pressed on whether the government is considering introducing a basic income given the success of temporary emergency and recovery income supports in mitigating poverty in 2020.
Programs such as the Canadian Emergency Response Benefit (CERB) were introduced on a short-term basis to provide support to Canadians who were unable to work and experienced a sudden loss of income because of the pandemic.
The emergency and recovery programs provided by the government were designed to provide swift and temporary support to those who qualified but were not designed to serve as a basic income.
The Government will continue to monitor research and analysis on basic income and will continue to explore potential shorter and longer-term policy responses to address the needs of Canadians.
4.h. Age Well at home initiative
Issue
How will the Age Well at Home (AWAH) initiative help seniors stay at home longer?
Background
- The AWAH initiative is a federal grants and contributions initiative that advances the Government commitment to assist organizations to provide practical supports to help seniors age in place. The initiative will pilot new approaches and support existing projects led by seniors-serving organizations through 2 streams:
- the In-Home Support Pilot Projects stream will fund local projects to test the extent to which volunteers can be mobilized to provide in-home practical supports (such as, help with meal preparation, light housekeeping, yard work or transportation) to low-income and otherwise vulnerable seniors and
- the Scaling Up for Seniors stream will fund regional or national projects to expand services that have already demonstrated results in helping seniors age at home
- The Government of Canada has committed $90 million to the initiative, with funding ending in the 2025 to 2026 fiscal year
- Seniors-serving organizations had the opportunity to apply to 2 competitive funding processes, one for each stream, in June 2022
- The initiative will complement provinces and territories' efforts to help seniors by mobilizing seniors-serving organizations and volunteers. Provinces and territories spend most of their home and continuing care dollars on home health and personal care. As part of personal care, they are able to provide limited assistance with meal preparation and light housework. Very few involve volunteers in providing these services. A few jurisdictions provide a limited range of other practical supports such as running errands or yard work. Income-adjusted user fees often apply
Key facts
- The concentration of COVID-19 cases and deaths in long-term care homes in many communities across the country has intensified Canadians’ desire to age at home. A survey conducted in June 2020 found that about 70% of Canadian respondents aged 65 and older have changed their opinions about whether they would arrange for themselves or a loved one to enter long-term care
- Almost 100% of those surveyed report wanting to support themselves to live safely and independently in their own home as long as possible (Survey by National Institute on Aging and the Canadian Medical Association.)
- There was significant interest for the funding processes, with a combined 518 applications received, representing a total funding request of more than $329 million. There were 128 applications received under the Scaling Up for Seniors stream ($114.41 million) and 390 applications received under the In-Home Support Pilot Projects stream ($214.68 million)
- To this date, 21 Scaling Up projects ($22.1M) and 71 In-Home Support Pilot Projects ($39.6M) outside Quebec have started. Scaling Up funding announcements have been made in Alberta ($1.6M) and Ontario ($13.9M), and an announcement has been made for In-Home Supports Pilot Projects across Canada ($39.6M)
- Decisions for Quebec-based projects have not yet been made. Due to unforeseen delays, additional time is required to finalize decisions. The Department will inform applicants when decisions will have been made
Key messages
- Canadian seniors want to stay in their own homes and communities as long as possible, but many do not have all the supports they need in order to live independently. This is why the Government of Canada is investing a total of $90 million for the initiative, until fiscal year 2025 to 2026
- The initiative provides funding to seniors-serving organizations for local, regional and national projects which will allow for the discovery of new approaches and harvesting lessons learned:
- projects funded under the In-Home Support Pilot Projects stream test the extent to which volunteers can be mobilized to provide local practical supports such as meals, housekeeping, and yard work to help low-income and otherwise vulnerable seniors age at home
- projects funded under the Scaling Up for Seniors stream expand services that have already demonstrated positive results in helping seniors age at home
- We're looking forward to sharing learnings from the AWAH projects as they unfold
4.i. Mistreatment of older persons
Issue
Strengthening Canada’s approach to the mistreatment of older persons.
Background
- The mistreatment of older persons (also known as elder abuse) remains an often hidden but serious social problem that affects the lives of thousands of seniors in Canada. Mistreatment includes physical abuse, psychological abuse, material or financial abuse and sexual abuse
- The National Seniors Council has supported the Government in its efforts to address elder abuse. To advise Ministers on measures to address financial crimes and harms against seniors, the Council hosted an expert round table and town hall in March 2019. The Council concluded their work on this topic with the release of a ‘what we heard report’ summarizing the discussions, which was published on the Government of Canada website in August 2019. In July 2021, the Council supported the Minister of Seniors by co-moderating a series of regional roundtables soliciting input from stakeholders for the development of a federal definition of senior abuse
- In June and July 2021, the Government held consultations with various experts to seek feedback on the development of a proposed federal policy definition on senior abuse
- On October 11, 2023, the Government published the federal policy definition of mistreatment of older persons. The definition will help raise awareness of the mistreatment of older persons, provide a common understanding of the issue, and help inform Government of Canada programming and policies aimed at addressing the mistreatment of older persons. However, the federal policy definition will not be used for legislative changes
- In October 2022, the Government published a report on Enhancement of Canadian Data on the Abuse of Older Persons: An Exploratory Study. This public opinion research was conducted by subject matter expert Professor Marie Beaulieu, Research Chair on Mistreatment of Older Adults at the Université de Sherbrooke. This report highlights the challenges of senior abuse reporting and data collection across the country and identifies pragmatic approaches to address them
- As part of its priorities for 2022 to 2025, the Federal, Provincial and Territorial (FPT) Forum of Ministers Responsible for Seniors is analyzing the impact of the COVID-19 pandemic on efforts to identify and address abuse, with the objective of informing FPT programming and policies. The report Preventing and Responding to the Mistreatment of Older Adults: Gaps and Challenges Exposed During the Pandemic is expected to be published for dissemination in late fall 2023
Key facts
- Since it was created in 2007, the pan-Canadian contributions stream of the New Horizons for Seniors Program (NHSP) has supported 149 collaborative projects aiming to increase the social inclusion of seniors, representing an investment of more than $102 million. By increasing seniors social inclusion, all pan-Canadian projects help reduce the risk of elder abuse. In addition, the NHSP’s community-based funding stream continues to expand elder abuse awareness through its annual funding of one-year community-based projects for an amount of up to $25,000
- Through its Preventing and Addressing Family Violence - The Health Perspective Investment, the Public Health Agency of Canada (PHAC) is providing funding to prevent and reduce the health impacts of family violence, including child maltreatment, intimate partner violence and the mistreatment of older persons. PHAC is investing $2 million over 26 months to support three projects aimed at adapting, delivering and testing community-based interventions to prevent and address mistreatment of older persons
Key messages
- We recognize that the mistreatment of older persons, also known as elder abuse, is a serious issue affecting many older people in Canada, and even more so in the context of the COVID-19 pandemic, which has contributed to further isolating seniors
- On October 11, the Government released the federal policy definition of mistreatment of older persons. The federal policy definition will help raise awareness of the mistreatment of older persons, provide a common understanding, and help inform Government programs and policies aimed at addressing the mistreatment of older persons
- I am committed to continue to work to strengthen Canada’s approach to the mistreatment of older persons by investing in better data collection and establishing new offences and penalties in the Criminal Code. I am working with my colleague, the Minister of Justice and Attorney General of Canada, to advance this work
4.j. Canadian Dental Care Plan
Issue
Service Canada is managing the application process for the Canadian Dental Care Plan (CDCP). In addition, it is supporting clients across all channels including a dedicated call centre for the CDCP. It is leveraging its community outreach network to raise awareness and help vulnerable populations access the CDCP.
Background
- In Budget 2023, the Government of Canada announced $13.0 billion over five years, starting in 2023 to 2024, and $4.4 billion ongoing to Health Canada (HC) to implement the Canadian Dental Care Plan
- The CDCP will provide dental coverage for uninsured Canadians residents with adjusted annual family income of less than $90,000, with no co-pays for those with family incomes under $70,000
- Health Canada is working in close partnership with Public Services and Procurement Canada (PSPC), Indigenous Services Canada (ISC), Employment and Social Development Canada (ESDC), Canada Revenue Agency (CRA), Sun Life Assurance Company of Canada to continue to successfully implement the Plan
- Service Canada will provide information on the CDCP through its service delivery networks and ensure awareness through community outreach activities with vulnerable populations. It will also receive and validate applications and provide client support through a dedicated call centre for the CDCP. Lastly, Service Canada will share information with Sun Life Assurance Company of Canada who will manage member enrolment in the plan
Key facts
- Budget 2023 announced $13.0 billion over five years, starting in 2023 to 2024, and $4.4 billion to implement the CDCP
- The CDCP is led by HC and aims to increase dental care coverage by removing financial barriers to dental care to the greatest extent possible, with a focus on diagnostic, preventative, and restorative services
- It is estimated that up to nine million individuals may be eligible for the plan, once fully implemented
- To meet anticipated demand and ensure a smooth process, the CDCP will be rolled out in a phased approach over the coming months, starting with seniors
- Applications will open first for seniors aged 87 and above in December 2023, expanding in phases to those 70 years and older by March 2024. Letters will be issued to all potentially eligible seniors with instructions on how to validate their eligibility and apply. In May 2024, the Department will move to an online application process beginning with seniors 65 and older
- People with a valid Disability Tax Credit certificate and children under the age of 18 will be able to apply online as of June 2024. All remaining eligible Canadian residents between the ages of 18 and 64 will be able to apply in 2025
Key messages
- Service Canada is proud to leverage its expertise and experience in delivering benefits and services to millions of Canadians each year, to support the delivery of the CDCP
- Our team of experts have worked together to develop a client centric service delivery model for the CDCP and are committed to ensuring a simple and seamless experience for all applicants
- We will also take advantage of our community outreach network to spread awareness and help vulnerable populations access the CDCP
- To ensure a successful and smooth roll-out for eligible Canadians, the CDCP is being launched using a phased approach, starting with the application process
- Building on their client delivery expertise, ESDC, through Service Canada, will be handling the application process
If pressed (service delivery)
- The CDCP is the largest program implemented by the government in decades. It is critical to the health and well being of Canadian residents
- The CDCP aims to minimize barriers and ensure all eligible Canadian residents can easily apply to access while maintaining security and integrity of personal information
- To ensure a successful implementation the CDCP is being rolled out in phases. Service Canada will first start with seniors aged 70 years and over who will be invited to apply starting in December 2023 and through to March 2024
- With the help of the CRA, we are able to identify seniors who meet the income, tax filing and Canadian residency criteria, allowing Service Canada to send a personalized invitation letter through the mail with instructions on how to apply
4.k. Poverty among Seniors in Canada
Issue
Senior living in poverty / Aînés vivant dans la pauvreté.
Key facts
The latest data from the Canadian Income Survey shows that there was an increase in the poverty rate for seniors in 2021 as measured by Canada's Official Poverty Line (the Market Basket Measure). The poverty rate for seniors was 5.6% in 2021, compared with 3.1% in 2020. This represents approximately 176,000 more seniors were living in poverty in 2021 compared to 2020.
The increase in the overall poverty rate between 2020 and 2021 reflects the phaseout of key temporary COVID-19 emergency income supports provided in 2020, most notably the Canada Emergency Response Benefit (CERB), as well as the onset of higher inflation rates in 2021. In 2021, the poverty rate for senior women (6.1%) was higher than for senior men (4.9%). In 2021, the poverty rate for seniors aged 65 to 74 years was 5.6%, slightly higher than the poverty rate for seniors aged 75 years and above (5.5%).
Single seniors continue to have higher poverty rates than those living in families. Between 2020 and 2021, the poverty rate for single seniors increased from 7.4% to 13.3% while the poverty rate for seniors living in families rose to a smaller extent from 1.3% to 2.4%.
Seniors from vulnerable groups such as Indigenous seniors (4.6%), immigrant seniors (4.0%), visible minority seniors (4.4%) and seniors with disability (3.2%) had relatively higher poverty rates than the overall senior population (3.1%) in 2020.
According to the 2021 Canadian Income Survey released in May 2023, 6.3% of Canadian seniors experienced food insecurity in 2021 (measured as moderate or severe food insecurity) – up from 5.7% in 2020 and 5.1% in 2019. This rate does not include the population living in the territories or on reserves.
According to Food Banks Canada, a national charitable organization representing the food bank community across Canada, there were 1.5 million visits to food banks in March 2022, an all-time high. This was 15% higher than in March 2021 and 35% higher than in March 2019. About 130,000 or 8.9% of food bank visits were by seniors in 2022, up from about 74,000 or 6.8% in 2019.
Response
We are committed to improving the quality of life for seniors now and for generations to come.
The Government has made significant investments to reduce poverty among seniors, including increasing the GIS for the lowest income single seniors, and increasing the OAS pension for seniors 75 and older. Retirement benefits are also indexed quarterly to help keep up with the rising cost of living.
And our poverty reduction efforts are working. The poverty rate among seniors decreased from 7.1% in 2015 to 3.1% in 2020, representing 187,000 seniors lifted out of poverty.
If pressed on food insecurity among seniors
Our Government recognizes that food insecurity and food prices have been on the rise, putting pressure on household finances, including those of vulnerable seniors, and making it more difficult for many families to consistently afford nutritious food.
In September 2023, the Prime Minister announced a series of measures to make housing and the price of groceries more affordable, recognizing the ongoing challenges Canadians are facing.
Background
- The Government has made significant investments and adopted measures to reduce poverty among seniors
- The Government restored the age of eligibility from 67 to 65 for both the Old Age Security (OAS) pension and the Guaranteed Income Supplement (GIS), which helped 100,000 seniors aged 65 and 66 to avoid plunging into poverty
- To help seniors who are living in poverty or are most at risk of living in poverty, the Government enhanced the GIS in 2016 by increasing the amount received by up to $947 annually for the most vulnerable single seniors and helping improve the financial security of 900,000 seniors
- In July 2022, the Government increased the OAS pension by 10 percent for seniors 75 years and older, to provide more than $800 in new support to full pensioners over the first year, and increased benefits for more than 3 million seniors
- To ensure that COVID-19 emergency response benefits did not negatively impact GIS or Allowance payment amounts, the Government of Canada provided, as part of the December 2021 Economic and Fiscal Update, $742.4 million in 1-time payments to GIS and Allowance recipients who received the Canada Emergency Response Benefit (CERB) or the Canada Recovery Benefit (CRB) in 2020. These payments were issued automatically in April 2022 without the need for an application. The Government also introduced amendments to the Old Age Security Act to exempt any amount of CERB, CRB, Canada Recovery Sickness Benefit, Canada Recovery Caregiving Benefit and Canada Worker Lockdown Benefit received in 2021 or later from the calculation of income for the GIS and Allowances in 2021
- Food Banks Canada
- Food Banks Canada is a national charitable organization representing the food bank community across Canada, supporting a network of 10 Provincial Associations and over 4,700 hunger relief organizations in Canada
- Food Banks Canada’s annual HungerCount report documents food bank use in Canada, using a cross-sectional census survey of most food bank agencies, organizations and programs within and outside of the Food Banks Canada network
- Food Banks Canada’s annual Poverty Report Card contains a comprehensive assessment of the state of poverty and food insecurity in Canada, analyses of federal, provinicial and terrirotial poverty reduction efforts, and policy recommendations
4.l. Seniors without partners
Issue
What is the Government doing to support seniors who do not have partners?
Key facts
In the October to December 2023 payment quarter, the maximum monthly Old Age Security (OAS) pension is $707.68 for seniors aged 65 to 74, and $778.45 for seniors aged 75 and over.
In the October to December 2023 payment quarter, the maximum monthly Guaranteed Income Supplement (GIS) for a single low-income pensioner is $1,057.01. This means that a low‑income single pensioner aged 65 to 74 can receive up to $1,764.69 each month in combined OAS and GIS benefits. A low‑income single pensioner aged 75 and over can receive up to $1,835.46 in combined benefits.
In January 2023, the maximum monthly payment amount under a CPP retirement pension was $1,307, while the average amount received by a new beneficiary was approximately $760 in May 2023.
Response
Canada's public pensions, namely the Old Age Security program and the Canada Pension Plan, provide critical income support to Canadian seniors, including those who live alone.
The Old Age Security program is residence-based, and pays a basic pension to both single and married or common-law seniors who meet the minimum residence requirements.
OAS pensioners who are in low income are also eligible to receive additional support through the Guaranteed Income Supplement. Single seniors receive a higher rate of GIS, in recognition of their higher living expenses. Together, the OAS pension and the GIS provide seniors with a minimum income guarantee.
CPP benefits are determined by earnings and contributions of individuals over their working lives. Generally, the more one works and contributes, the higher their pension amount. However, the CPP also includes provisions that protect the value of benefits of mothers who stop working or reduce their earnings in order to provide care for young children.
The CPP disability pension is automatically converted to a retirement pension at age 65. Unlike the QPP, the CPP does not impose a penalty when converting from the disability pension to a retirement pension.
Background
The Old Age Security (OAS) program is the first pillar of Canada's retirement income system, and plays a significant role in providing income security to Canadians in their senior years. The benefits under the OAS program include the basic OAS pension, which is paid to all persons aged 65 or over who meet the residence requirements, the Guaranteed Income Supplement (GIS) for low-income OAS pensioners, and the Allowances for low-income Canadians aged 60 to 64 who are the spouses or common-law partners of GIS recipients, or who are widows or widowers.
The GIS is an income-tested benefit that provides additional support to low‑income seniors who have little or no income other than the OAS pension. Together, the OAS pension and the GIS help ensure that the overall income of seniors does not fall below a specified threshold, providing seniors with a minimum income guarantee.
To ensure that they retain their value over time, OAS benefits are reviewed four times per year (in January, April, July and October) in accordance with changes in the Consumer Price Index (CPI). The CPI measures the price of a typical "basket" of goods and services, such as food, shelter, gas and clothing, commonly purchased by Canadian households. The basket contains approximately 600 items and is the most accurate reflection of the national cost of living. The quarterly indexation provides benefit increases to recipients when prices go up.
In addition, the Old Age Security Act contains a guarantee ensuring that benefits can never go down, even in the event of a decline in the CPI. Should the average cost of living decrease, OAS benefit amounts stay at the same level as during the previous three-month period.
To date, the Government has undertaken several measures to improve the financial security of low-income seniors. Since 2016, the Government has:
- increased the GIS top-up for the lowest income single seniors by up to $947 annually, helping close to 900,000 seniors who rely almost exclusively on the OAS pension and the GIS
- restored the age of eligibility for the OAS pension and the GIS to 65 from 67, preventing about 100,000 future seniors from falling into poverty
- increased the GIS Earnings Exemption from $3,500 to $5,000, extended the exemption to self‑employment income, and introduced an additional 50% exemption on employment and self‑employment income between $5,000 and $15,000, starting in July 2020. This measure enables working GIS recipients to earn up to $15,000 in employment and self‑employment income before the GIS benefit reduction applies to their full income
- introduced a permanent 10% increase to the OAS pension for seniors aged 75 and over, which started in July 2022
The Canada Pension Plan (CPP) is a sustainable contributory social insurance program that provides partial income replacement for Canadian workers and their families in the event of retirement, disability or death. All monthly CPP benefits are indexed annually. The CPP covers employed and self-employed persons in Canada (outside of Quebec). Quebec has a separate but comparable Québec Pension Plan.
In 1997, Québec decided to apply the same penalty to beneficiaries of the Disability Pension as that imposed on beneficiaries who freely chose to retire early. Therefore, a person receiving a disability pension will have their retirement pension reduced by up to 36% at the age of 65. This penalty has never carried over to the Canada Pension Plan, as the two plans are legally separate.
The CPP currently replaces 25 percent of average career earnings up to the Year's Maximum Pensionable Earnings which is approximately the average wage and is set at $66,600 in 2023.
The CPP enhancement, which began in 2019, will increase income replacement from one-quarter to one-third of pensionable earnings over the next 40 years. The band of earnings on which contributions are made will maintain the same lower earnings limit of $3,500. The upper earnings limit will be increased by 14 percent, which is projected to be equal to roughly $81,100 upon full implementation in 2025.
The child-rearing provisions protect the CPP benefits of parents who reduce their earnings to provide care for young children, irrespective of family arrangements. Under the base CPP, the child-rearing drop-out provision allows periods in which a parent reduced their earnings to be the primary caregiver for a child or children under the age of seven to be excluded from their contributory period. This may help individuals qualify for benefits or increase the amount of the base component of their received benefit.
Under the enhanced component of the CPP, the child-rearing drop-in provision will provide (or "drop-in") credits to the parents of young children who reduce their participation in the labour force to care for children under the age of seven. Specifically, a credit is dropped in for every year in which the parent provides care for a child under seven years of age, if this credit is higher than the parent's actual earnings in that year.
The value of the credit is based on the parent's earnings in the five years before the birth of the child. These dropped in credits will increase the parent's average earnings, which will increase the value of the enhanced component of their CPP benefits.
Based on results of the CPP/OAS Monthly Statistical Bulletin for May 2023, in 2021-2022 CPP Retirement pension benefits amounts paid totaled approximately $41.9 billion (79.1% of all benefits paid under the CPP) while CPP Survivors pension benefits paid totaled approximately $4.9 billion (9.2% of all benefits paid under the CPP).
The significant majority of CPP benefits in pay go towards paying benefits owed to contributors including both single and partnered beneficiaries.
5. ESDC supplementary estimates (B)
5.a. Placemat 2023 to 2024 supplementary estimates B for Minister of Labour and Seniors
ESDC is requesting a total of $409.7 million in additional authorities through the Supplementary Estimates (B), which would bring the total planned spending to $186.4 billion.

Descriptive text:
Figure on the left: ESDC total planned spending is $186.4 billion
- EI Benefits planned spending is $23.8 billion or 12.8% of total planned spending
- CPP Benefits planned spending is $62.3 billion or 33.4% of total planned spending
- Other EI and CPP Recoveries and Workers Compensation planned spending is $3.6 billion or 1.9% of total planned spending
- EI and CPP Operating Costs planned spending is $2.7 billion or 1.5% of total planned spending
- Estimates to date, representing Main Estimates plus Supplementary Estimates A plus Supplementary Estimates B, is $94.0 billion or 50.4% of total planned spending
Figure on the right: ESDC Estimates to date, representing proposed authorities to date, is $94.0 billion
- Statutory planned spending is 82.4 billion or 88% of total Estimates to date
- Vote 1 – Operating Expenditures planned spending is $1.5 billion or 1% of total Estimates to date
- Vote 5 – Grants and Contributions planned spending is $10.1 billion or 11% of total Estimates to date
Of the $186.4 billion in planned spending, $94.0 billion is reported in the Estimates, out of which $92.5 billion are statutory and voted transfer payment programs. Here are a few programs included in ESDC’s Estimates to date:
- Old Age Security Program = $75,913.0 million
- Early Learning and Child Care = $6,197.3 million
- Canada Student Financial Assistance Program and Canada Apprentice Loans = $3,384.8 million
- Canada Education Savings Program = $1,220.0 million
- Workforce Development Agreements = $922.0 million
- Canada Disability Savings Program = $897.5 million
- Youth Employment and Skills Strategy= $483.8 million
- Canada Apprenticeship Strategy = $389.6 million
- Sectoral Workforce Solutions Program = $353.2 million
- Indigenous Early Learning and Child Care = $286.7 million
Table: ESDC – Summary of Budgetary Authorities as reported in Supplementary Estimates (B) in millions of dollars
- Budgetary Authorities: Vote 1 – Operating
- Approved Authorities to Date: 1,367.2
- Supplementary Estimates B: 106.5
- Proposed Authorities to Date (Estimates to Date) : 1,473.7
- Budgetary Authorities: Vote 5 - Grants and Contributions
- Approved Authorities to Date: 9,821.7
- Supplementary Estimates B: 295.7
- Proposed Authorities to Date (Estimates to Date): 10,117.4
- Total Voted Authorities
- Approved Authorities to Date: 11,188.9
- Supplementary Estimates B: 402.2
- Proposed Authorities to Date (Estimates to Date): 11,591.1
- Statutory
- Approved Authorities to Date: 82,364.9
- Supplementary Estimates B: 7.5
- Proposed Authorities to Date (Estimates to Date): 82,372.4
- Total Budgetary Authorities
- Approved Authorities to Date: 93,553.8
- Supplementary Estimates B: 409.7
- Proposed Authorities to Date (Estimates to Date): 93,963.5
Of the $409.7 million requested through Supplementary Estimates (B), the following items fall under the responsibility of the Minister of Labour and Seniors:
- funding for government advertising programs (horizontal item) = $6.4 million. It includes $1.5 million for Services to Seniors; and $1.5 million for Inclusive Workplaces
- funding to implement Canada's Indo-Pacific Strategy (horizontal item) = $4.9 million
6. Ministerial mandate
6.a. Mandate letter tracker – labour
Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, February 5, 2024.
Overview of Minister O’Regan mandate letter commitments: labour.
Mandate letter commitment: continue to work with federally regulated workplaces to ensure that COVID-19 vaccination is enforced
Progress as Minister speaking points
- On June 14, 2022, the Government announced the suspension of vaccination mandates for domestic and outbound travel, federally regulated transportation sectors and federal government employees effective June 20, 2022
- As part of this announcement, the Government confirmed that it is no longer moving forward with proposed regulations under Part II (Occupational Health and Safety) of the Canada Labour Code to make vaccination mandatory in all federally regulated workplaces
Next steps as Minister speaking points
The Government will continue to monitor the situation and make adjustments based on the latest public health advice and science to keep Canadians safe.
Mandate letter commitment: amend the Canada Labour Code to provide 10 paid days of sick leave for all federally regulated workers
Progress as Minister speaking points
- A little more than a year ago (on December 1, 2022), the Government implemented changes to give workers in federally regulated private sectors access to up to 10 days of paid medical leave in a calendar year
- The bill passed with unanimous consent (in December 2021) because parties agreed workers should never have to choose between getting paid and their health
Mandate letter commitment: convene provinces and territories to develop a national action plan to legislate sick leave across the country while respecting provincial-territorial jurisdiction and the unique needs of small business owners
Next steps as Minister speaking points
I met with my provincial and territorial counterparts 3 times so far and made the case each time in favour of legislating paid sick leave because it’s good public policy and the right thing to do for both workers and employers.
Progress as Minister speaking points
I will continue to highlight the benefits of providing paid sick leave to my provincial and territorial counterparts whenever the opportunity arises.
Mandate letter commitment: develop a right-to-disconnect policy
Next steps as Minister speaking points
- The right to disconnect remains an important issue for our Government
- The Right to Disconnect Advisory Committee was formed in 2020 and held consultations between October 2020 and June 2021
- A final report outlining advice on how to best implement a right to disconnect was submitted in June 2021 and was released on February 10, 2022
Progress as Minister speaking points
We are taking stakeholders’ perspectives and the diverse needs of different sectors into account as we move forward with this important initiative.
Mandate letter commitment: amend the Canada Labour Code to include mental health as a specific element of occupational health and safety and require federally regulated employers to address workplace stress and injury
Next steps as Minister speaking points
- The Government of Canada is continuing to work towards improving mental health labour protections for federally-regulated employees and fostering psychologically healthy and safe workplaces
- My officials have engaged with diverse Canadians, including employers, unions, experts and advocacy groups
Progress as Minister speaking points
We are taking stakeholders’ perspectives and the diverse needs of different sectors into account as we consider options to move forward with this important initiative.
Mandate letter commitment: amend the Canada Labour Code to provide up to 5 new paid leave days for federally regulated employees who experience a miscarriage or stillbirth
Next steps as Minister speaking points
- Bill C-59 was introduced on November 30, 2023 [and is currently at second reading in the House of Commons – may need to be updated]
- The legislation includes amendments to the Canada Labour Code that would provide employees in the federally regulated private sector with 3 days of leave following a pregnancy loss, and 8 weeks in the event of a stillbirth. 3 days of leave would be paid for employees who have completed 3 consecutive months of continuous employment with their employer
- The new leave would provide workers with greater job and income security while they recover from a pregnancy loss
Progress as Minister speaking points
- The new leave related to pregnancy loss would come into force on a day to be fixed by order of the Governor in Council, but no later than 18 months (540 days) after Royal Assent of Bill C-59
- This would provide the flexibility to prepare consequential amendments to regulations, develop educational materials, update information systems, and inform Labour Affairs Officers of the changes
Mandate letter commitment: amend the Canada Labour Code to strengthen provisions to better support working women who need to be re-assigned during pregnancy and while breast-feeding
Next steps as Minister speaking points
Our Government is committed to better support employees who are nursing or pregnant by strengthening provisions for maternity-related reassignment and leave under the Canada Labour Code.
Progress as Minister speaking points
My officials are currently developing options for moving forward on this commitment.
Mandate letter commitment: continue working with the provinces and territories to fully implement the International Labour Organization (ILO) Violence and Harassment Convention
Next steps as Minister speaking points
- We have been working with the provinces and territories on the ratification and implementation of ILO C190 since 2019
- Canada officially ratified C190 with the ILO in Geneva on January 30, 2023
Progress as Minister speaking points
C-190 came into force for Canada 1 year after ratification (that is, on January 30, 2024). Canada will now commence periodically reporting to the ILO on our implementation of the Convention.
Mandate letter commitment: lead the efforts to require federally regulated employers to provide menstrual products in the workplace to help ensure menstruating employees' participation in work
Next steps as Minister speaking points
- On May 10, 2023, we published in Part II of the Canada Gazette the final regulations to have employers provide menstrual products in the workplace at no cost to employees
- These regulations came into force on December 15, 2023
Progress as Minister speaking points
Guidance materials were developed in consultations with stakeholders to guide implementation of this initiative.
Mandate letter commitment: accelerate the review of the Employment Equity Act and ensure timely implementation of improvements
Next steps as Minister speaking points
- We launched the Employment Equity Act Review Task Force in July 2021
- The Task Force heard from hundreds of stakeholders. They held 109 meetings over 51 meeting days, received over 400 written submissions covering the full scope of the review, and an additional 350 expression of views shared via electronic correpondence.
- On December 11, 2023, Professor Adelle Blackett and I announced the release of the report of the Task Force
- At the same time, I announced the Government’s initial commitments to modernize the Act. This includes:
- implementing certain targeted changes to the Act that were recommended by the Task Force, such as adding Black people and 2SLGBTQI+ people as 2 new designated groups, and updating the terminology and definitions of the Act
- holding targeted consultations on how best to effectively implement these changes, and how other Task Force recommendations could be implemented, and
- introducing legislation to bring the Act into the 21st century.
Progress as Minister speaking points
- We will soon begin consultations with affected communities and organizations representing unions and employers, on how best to effectively implement the Government’s initial commitments to modernize the Employment Equity Act, and how other Task Force recommendations could be implemented
- We will then introduce legislation to bring the Act into the 21st century
Mandate letter commitment: modernize the Federal Contractors Program to ensure federal contractors are paying their employees the federal minimum wage
Next steps as Minister speaking points
- My officials are working collaboratively with Public Services and Procurement Canada (PSPC), the largest federal contracting department, to establish a coordinated approach and implement this commitment in the most effective way possible
- Our objective remains focused on ensuring federal contractors pay wages commensurate with their employees’ education, training and level of responsibility required for their job while respecting the federal government’s jurisdiction and treating all suppliers fairly across the country
Progress as Minister speaking points
- We are developing a path forward on this commitment
- Through our efforts, this initiative will support workers in organizations that contract with the federal government, lift more Canadians out of poverty, and contribute to our economic recovery
Mandate letter commitment: advance the implementation of the Pay Equity Act across federally regulated workplaces
Next steps as Minister speaking points
- The Pay Equity Act and regulations came into force on August 31, 2021
- We have developed proposed regulations that would strengthen the Pay Equity Commissioner’s ability to encourage compliance with the new proactive pay equity regime. The proposed regulations were published in the Canada Gazette, Part I in November 2023
- The Act does not currently apply to Indigenous governing bodies (IGBs). Officials continue to engage with IGBs to collect their views on the Act itself and see how it can be tailored to ensure positive results in an Indigenous context
Progress as Minister speaking points
In 2024, my officials will continue to advance the implementation of the Pay Equity Act in federally regulated workplaces by finalizing regulations that will, among other things, strengthen the Commissioner’s ability to encourage compliance and ensure that employers can meet their obligations under the Act.
Mandate letter commitment: advance legislation to prohibit the use of replacement workers in federally regulated workplaces when a unionized employer has locked out its employees
Next steps as Minister speaking points
On November 9, 2023, we fulfilled our commitment and introduced Bill C-58. This bill would amend the Canada Labour Code to ban replacement workers and make significant improvements to the maintenance of activities process.
Progress as Minister speaking points
Bill C-58 is currently at second reading in the House of Commons. We are working with all parties to move this bill forward quickly.
Mandate letter commitment: work to advance amendments that entitle workers employed by digital platforms to job protections under the Canada Labour Code (Improve labour protections for gig workers)
Next steps as Minister speaking points
- I have a mandate commitment to entitle workers employed by digital platforms to job protections under the Canada Labour Code
- To make sure that we get things right, we conducted 3 phases of consultations with stakeholders and the public between 2021 and 2022
- This allowed us to better understand how current federal labour protections could be updated to better protect gig and digital platform workers
- My officials have also held discussions with other government departments and programs on this topic, including Employment and Social Development Canada and the Canada Revenue Agency
Progress as Minister speaking points
- To advance this work, officials have developed policy options to improve labour protections for workers in the gig economy
- We will be considering these options to move forward with this important commitment
Mandate letter commitment: introduce legislation to eradicate forced labour from supply chains and ensure that Canadian businesses operating abroad do not contribute to human rights abuses (shared commitment with ministers responsible for public safety, federal procurement and international trade)
Next steps as Minister speaking points
- In October 2023, the Labour Program, Canada Border Services Agency and other departments hosted a technical stakeholder engagement session to inform the development of government-led due diligence supply chain legislation, and potential measures to strengthen the import prohibition on goods produced using forced labour. Representatives of civil society, workers, industry and academia participated in the session. Written submissions were also received from a range of organizations and individuals
- This session built on previous consultations, including the 2019 roundtables on possible measures to address labour exploitation in supply chains as well as the feedback received following the release of the subsequent “What we Heard Report” in 2022
Progress as Minister speaking points
- Through Budget 2023, the Government has committed to introducing legislation in 2024 to help eradicate forced labour from Canadian supply chains, as well as consider means of strengthening the import prohibition on goods produced using forced labour
- This work will be informed by consultations that took part in 2023 and other stakeholder engagements. We are also monitoring developments on these types of legislative approaches in other countries
- Work is also continuing on a range of other measures to address exploitation in supply chains, such as:
- the inclusion of comprehensive and enforceable provisions on forced labour and child labour in our free trade agreements, and
- a strengthened federal procurement contracting regime that establishes expectations for suppliers and sub contractors on upholding human rights
Mandate letter commitment: strengthen harassment and violence prevention measures in federally regulated workplaces
Next steps as Minister speaking points
- The Work Place Violence and Harassment Prevention Regulations came into force on January 1, 2021
- To support these regulations, we set up a $3.5 million annual Workplace Harassment and Violence Prevention Fund to fund projects in federally-regulated private workplaces. I have recently approved funding for 7 more projects, which will expand our geographical and sectoral reach. These funds will help create safer workplaces by developing sector-specific tools and resources related to harassment and violence prevention
Progress as Minister speaking points
In 2024, the Labour Program will work with our partners to advance a call for applications to expand the Harassment and Violence Prevention Registry of Investigators.
Mandate letter commitment: work with the Minister of Natural Resources in moving forward with legislation and comprehensive action to achieve a Sustainable Jobs transition
Next steps as Minister speaking points
Sustainable Jobs Plan
On February 17, 2023, the Minister of Natural Resources, the Minister of Employment, Workforce Development, and Disability Inclusion and I released the Sustainable Jobs Plan, which is an interim plan for 2023 to 2025 detailing federal actions to support the transition to a net-zero emissions economy and encourage the creation of sustainable jobs.
Legislation
- A Sustainable Jobs Plan for 2023 to 2025 was released on February 17, 2023, outlining existing and planned measures across 10 thematic areas to guide government action to support the creation of sustainable jobs, including establishing legislation that ensures ongoing engagement and accountability. A briefing with provinces and territories on the plan, led by Natural Resources Canada, took place on March 3, 2023
- Public consultations to inform the development of sustainable jobs legislation were launched in July 2021 and included 17 roundtable sessions with a range of stakeholders
Progress as Minister speaking points
Legislation
The Government continues to consult with a broad range of stakeholders on sustainable jobs to ensure we get this right for workers as we look to move forward with legislation and comprehensive action, such as the launch of the Sustainable Jobs Plan last year.
6.b. Mandate letter tracker – seniors
Overview of Minister O’Regan’s mandate letter commitments – February 5, 2024
Increase the Guaranteed Income Supplement by $500 for single seniors and $750 for couples starting at age 65
Increase the Guaranteed Income Supplement by $500 for single seniors and $750 for couples starting at age 65 – Progress 1
The Department is undertaking the necessary planning to prepare for implementation.
Increase the Guaranteed Income Supplement by $500 for single seniors and $750 for couples starting at age 65 – Next steps 2
Following a government announcement on the timing of this change, amendments to the Old Age Security Act will be required.
Supported by the Minister of Health, Deputy Prime Minister, and Minister of Finance, establish an expert panel to provide recommendations for establishing an Aging at Home Benefit
Supported by the Minister of Health, Deputy Prime Minister, and Minister of Finance, establish an expert panel to provide recommendations for establishing an Aging at Home Benefit – Progress 1
The Expert Panel was announced and began information review and research in October 2022.
Members of the National Seniors Council presented Ministers with a Progress Report in February 2023, which includes a clear scope of work and definitions of concepts core to the study. The report also summarized the initial evidence gathered to identify the gaps in support and areas of greatest needs.
The National Seniors Council initiated its consultation/engagement phase in March 2023 by launching an online survey to gather views from Canadians on measures to further support aging at home, and continued their engagement activities with older adults, organizations, and experts to validate initial findings and prioritize areas of greatest need.
An Interim report was presented to Ministers in August 2023 containing a summary of all evidence gathered through literature and consultation/engagement activities.
On September 29, 2023, the National Seniors Council submitted the Final Report of the Expert Panel entitled Supporting Canadians Aging at Home: Ensuring Quality of Life as We Age to Minister O’Regan and Minister Holland.
Supported by the Minister of Health, Deputy Prime Minister, and Minister of Finance, establish an expert panel to provide recommendations for establishing an Aging at Home Benefit – Next steps 2
The panel has completed its work and ministers are currently examining the findings.
Assist organizations to provide practical supports to help seniors age in place
Assist organizations to provide practical supports to help seniors age in place – Progress 1
Funding agreements for Scaling up and In-Home Support Pilot Projects outside Quebec have been signed and projects have started.
$1.6 million in funding for Alberta-based Scaling up for Seniors projects was announced on July 17, 2023.
$13.9 million in funding for Ontario-based Scaling up for Seniors projects was announced on September 1, 2023.
$39.6 million in funding for 71 In-Home Support Pilot projects across Canada was announced on December 19, 2023.
Assist organizations to provide practical supports to help seniors age in place – Next steps 2
Further discussions with Quebec are required to finalize discussions on Quebec-based projects.
Supporting the Minister of Justice and Attorney General of Canada, strengthen Canada's approach to elder abuse by finalizing the national definition of elder abuse, investing in better data collection and establishing new offences and penalties in the Criminal Code related to elder abuse
Supporting the Minister of Justice and Attorney General of Canada, strengthen Canada's approach to elder abuse by finalizing the national definition of elder abuse, investing in better data collection and establishing new offences and penalties in the Criminal Code related to elder abuse – Progress 1
On October 11, 2023, Employment and Social Development Canada published the federal policy definition of mistreatment of older persons and the What We Heard report from the summer 2021 consultations.
The Department of Justice has completed and published a research study - Enhancement of Canadian Data on the Abuse of Older Persons: An Exploratory Study – that identifies ways of addressing national data gaps.
The Department of Justice has also published a research study entitled, A case study of the Edmonton Police Service’s response to senior abuse (justice.gc.ca). The case study is a collaboration with Edmonton Police looking at their dedicated senior abuse team to examine the extent, nature and outcome of senior abuse cases coming to their attention.
Work is underway within the Department of Justice to establish new Criminal Code penalties and offences related to elder abuse.
On December 7, Bill C-295 was introduced in the Senate. The Bill would amend the Criminal Code to create an offence for long-term care facilities, their owners and their managers who fail to provide the necessities of life to residents of their facilities.
Supporting the Minister of Justice and Attorney General of Canada, strengthen Canada's approach to elder abuse by finalizing the national definition of elder abuse, investing in better data collection and establishing new offences and penalties in the Criminal Code related to elder abuse – Next steps 2
Employment and Social Development Canada is encouraging broad use of the federal policy definition of mistreatment of older persons. The federal policy definition will help raise awareness of the mistreatment of older persons, provide a common understanding, and help inform Government programs and policies aimed at addressing mistreatment of older persons.
Employment and Social Development Canada will continue to support Justice Canada in working towards amending the Criminal Code.
Supporting the Minister of Health, negotiate agreements with provinces and territories to support efforts to improve the quality and availability of long-term care homes and beds
Supporting the Minister of Health, negotiate agreements with provinces and territories to support efforts to improve the quality and availability of long-term care homes and beds – Progress 1
Budget 2021 included a $3 billion investment to support the provinces and territories to apply Long-Term Care (LTC) standards and make permanent changes, with particular aims of supporting workforce stability and strengthening the enforcement of care and safety standards. The negotiation of funding agreements is currently underway with provinces and territories.
The Canadian Standards Association (CSA) Group published their final national standards in December 2022. Health Standards Organization (HSO) published their independent, national standard in January 2023. Together, the standards focus on the delivery of safe, reliable and high-quality LTC services; safe operating practices; and infection prevention and control measures in LTC homes.
Funding announcements in Budget 2023 and Fall Economic Statement 2023 total over $200 billion over 10 years to support the Working Together to Improve Health Care for Canadians Plan, which includes $7.8 billion over five years for long-term care, home and community care, and mental health and substance use, and $1.7 billion over five years to support wage increases for personal support workers and related professions.
From spring to fall 2023, the Government undertook extensive engagement efforts with experts, stakeholders, persons with lived experience, provinces and territories, and First Nations and Inuit partners seeking their feedback to help inform the development of a Safe Long-term Care Act. A 60-day public online consultation took place between July and September 2023, which will inform the drafting of the legislation.
Supporting the Minister of Health, negotiate agreements with provinces and territories to support efforts to improve the quality and availability of long-term care homes and beds – Next steps 2
The Government is moving forward with developing the Safe Long-term Care Act to help ensure Canadians get the care they deserve, while respecting provincial and territorial jurisdiction.
Met commitments
Establish an expert panel to provide recommendations for establishing an Aging at Home Benefit
Date met 1
September 30, 2023.
Note 2
This commitment was met on September 30, 2023, when the Expert Panel submitted their final report to the Minister of Health and the Minister of Seniors. This work is fully complete.
Ensure seniors’ eligibility for the Guaranteed Income Supplement (GIS) is not negatively impacted by receipt of the Canada Emergency Response Benefit (CERB) and the Canada Recovery Benefit (CRB)
Date met 1
April 19, 2022.
Note 2
This commitment was met on April 19, 2022, following the implementation of the one-time GIS equalization payment and Bill C-12 receiving Royal Assent.
Advance seniors programming, including the New Horizons for Seniors Program
Date met 1
March 31, 2022.
Note 2
This commitment was met with the launch of the annual Call for Proposals for the community-based funding stream in fall 2022. Further funding calls will follow on an ongoing basis.
Represent Government at the Federal/Provincial/Territorial Ministers Responsible for Seniors Forum
Date met 1
February 24, 2022.
Note 2
This commitment was met by the Minister representing the government at the first Federal/Provincial/ Territorial Seniors Forum in February 2022.
A second meeting of the forum was subsequently held in Toronto in April 2023, with a third meeting being scheduled for fall 2024.
The Minister of Labour and Seniors will continue to represent the Government of Canada at Federal/Provincial/Territorial Ministers Responsible for Seniors Forum meetings as they occur going forward.