HUMA and SOCI committee briefing binder: Appearance of the Minister of Labour, December 13, 2021
Official title: Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) and Standing Senate Committee on Social Affairs, Science and Technology (SOCI) study of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code - December 13, 2021
On this page:
- 1. Minister's Speech (HUMA)
- 2. Minister's Speech (SOCI)
- 3. Copy of Bill
- 4. Overview of C-3 (Canada Labour Code provisions)
- 5. Clause by Clause Analysis of Clauses 6, 7 and 8 of C-3 (Canada Labour Code provisions)
- 6. Questions and answers (Canada Labour Code provisions)
- 7. HUMA Committee member bios
- 8. HUMA overview of committee work
- 9. Summary of debate at 2nd reading in the House of Commons
- 10.SOCI Committee member bios
- 11.SOCI Overview of committee work
- 12.SOCI/LCJC meeting summaries
1. Speaking notes
Official title: Speaking notes for The Minister of Labour, Seamus O’Regan Jr. for an appearance before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) on the 10 Days Paid Sick Leave Legislation - Ottawa, Ontario - December 13, 2021
Check against delivery
Mr. / Madam Chair,
I'd like to acknowledge that I am joining you from the traditional territory of the ancestral homeland of the Mi’kmaq and Beothuk Peoples.
or
…from the ancestral, traditional, unceded territory of the Algonquin Nation.
I would like to thank you for inviting me to further discuss a Bill that is about supporting the health of workers.
It’s a sad reality that across Canada, some workers do not have access to paid sick leave. It means that many workers cannot afford to stay home due to an illness.
For some, missing paid days due to illness means not being able to make your mortgage or rent payments, or deal with the many other bills that you need to pay to support your family.
It simply is an unfair choice to impose on Canadian workers.
Despite the progress that the Government of Canada has made on the labour front, it is clear that the pandemic has exposed the gaps in our social safety systems.
The time has come to close the gap on paid sick leave.
Currently, the Canada Labour Code provides employees in federally regulated industries with several unpaid leaves related to personal illness or injury, as well as 3 days of paid, personal leave that could be used to treat an illness or injury.
However, if we look at statistics from 2019, we find out that Canadian workers took an average of 8.5 days of leave for illness and issues related to a disability.
It has become very clear that 3 days are just not enough.
This legislation would amend the Canada Labour Code to provide 10 days of paid sick leave per year to workers in the federally regulated private sector.
This is a change that will make a real difference in the lives of working Canadians.
As of today, there are approximately 18,500 employers in federally regulated industries.
Together, this represents over 950,000 workers.
The federally regulated sector is comprised of workplaces from a broad range of industries – it includes interprovincial air, rail, road, and marine transportation, pipelines, banks, postal and courier services, among others. These are all industries people count on every day – and at the heart of these industries are the employees.
It is incumbent on us as the federal government to support these workers.
The Bill before us today not only allows workers in these vital industries to stay home to rest when they are sick, but it also prevents the spread of illnesses in the workplace.
Specifically, it would amend Part III (3) of the Canada Labour Code.
The first change is to provide that, for each calendar year, employees would accumulate 1 day of paid leave per completed month of employment, up to a maximum entitlement of 10 days per calendar year.
The second change is to avoid duplicating paid leave provisions relating to illness or injury under the Canada Labour Code.
These 2 changes would impact approximately 582,700 employees in the federally regulated private sector who do not currently have access to at least 10 days of paid sick leave.
Mr. /Madam Chair, increased paid sick leave would support employees by protecting them in 3 ways.
First, paid sick leave would protect workers’ incomes. Workers won’t have to choose between staying home to get well and getting paid.
Second, it would protect their jobs.
And finally, it would protect workers’ health. Additional sick days would allow them to recover at home, which would protect others in the workplace.
In addition, the government would like to see paid sick leave implemented across the country, in all sectors, Mr. / Madam Chair.
To do that, we will discuss a plan to legislate sick leave across the country with provinces and territories.
This would be done while respecting jurisdiction and keeping the unique needs of small business owners top of mind.
Currently, not every province and territory has paid sick leave provisions.
And that shouldn’t be the case, Mr. / Madam Chair.
As we embark on a journey to build back better, we have a responsibility to make sure all Canadians have access to paid sick leave.
This is essential to Canada’s economic recovery. It will protect worker’s health, now and into the future.
It’s time to close the gap that the pandemic exposed in our social safety net.
Closing
Mr. / Madam Chair, members of the Committee, as we finish the fight against COVID-19, an important step towards Canada’s economic recovery is to make sure that Canadians have access to paid sick leave.
With this Bill, the government is taking action to give workers the support that they need to help keep themselves and their workplaces safe and healthy.
Hardworking Canadians across the country are counting on all of us to make these necessary and important changes.
Thank you for your time.
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2. Speaking notes
Full title: Speaking notes for The Minister of Labour, Seamus O’Regan Jr. for an appearance before the Senate Standing Committee of Social Affairs, Science and Technology on the 10 Days Paid Sick Leave Legislation - Ottawa, Ontario - December 13, 2021
Check against delivery
Madam Chair,
I'd like to acknowledge that I am joining you from the traditional territory of the ancestral homeland of the Mi’kmaq and Beothuk Peoples.
or
…from the ancestral, traditional, unceded territory of the Algonquin Nation.
Thank you for inviting me today to discuss Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code.
Bill C-3 proposes to do 2 things:
Amend the Canada Labour Code to support workers with 10 days of paid sick leave, and
Amend the Criminal Code to better protect health care workers through 2 new offences as well as new sentencing provisions.
These amendments are intended to address 2 major problems for workers that have been highlighted by the COVID-19 pandemic.
The reality is that too many Canadians have been forced to choose between staying home when they are sick or being able to afford rent and groceries.
Throughout this pandemic, we have also clearly seen the intimidation experienced by too many health care workers, those who assist them and Canadians seeking medical care.
In my remarks today, I will focus on the amendments to the Canada Labour Code, and access to paid sick leave within the federally regulated private sector.
Unfortunately, across Canada, some workers still do not have access to paid sick leave, and that’s simply not okay.
What this means is that many workers simply cannot afford to stay home when they are sick or recovering from an illness. If they chose to stay home, they don’t get paid.
The results of missing pay can be profound- it might affect their ability to pay rent or mortgage, pay for food to feed their families, or any other expenses that come with raising a family.
It is a tragic choice – one that no Canadian worker should have to make.
The pandemic has shone a very bright light on our social safety systems – and we can clearly see the gaps.
It is time that we close the gap on paid sick leave for Canadian workers.
As of now, the Canada Labour Code stipulates that employees in federally regulated industries be granted several unpaid leaves related to personal illness or injury, as well as 3 days of paid, personal leave that could be used to treat an illness or injury.
But we recognize that it is not enough.
According to statistics from 2019, Canadian workers took an average of 8.5 days of leave for illness and issues related to a disability. And this was before the COVID-19 pandemic.
So the current sick leave provisions of the Canada Labour Code are simply not cutting it for 2021 and beyond – this has become very clear.
What this legislation will do is to amend the Canada Labour Code to provide 10 days of paid sick leave per year to workers in the federally regulated private sector.
This will make a huge difference for Canadian workers and their families.
Let’s look at Bill C-3 a little more closely.
The Bill would amend Part III (3) of the Canada Labour Code to make this change.
For each calendar year, employees would accumulate 1 day of paid leave per completed month of employment, up to a maximum entitlement of 10 days per calendar year.
In addition, we have added a provision to avoid the duplication of paid leave provisions relating to illness or injury under the Canada Labour Code.
Together, these changes would have an impact on approximately 582,700 federally regulated private sector employees who don’t currently have access to at least 10 days of paid sick leave.
Increased paid sick leave would protect employees in 3 ways.
First, workers’ incomes would be protected through sick leave – this means that workers would not have to choose between staying home to get well or getting paid.
Second, it would protect the workers’ jobs.
Finally, it would protect their health. More paid sick days would give them the chance to get well at home, and at the same time protect others in the workplace.
Ideally, we would also like to take this a step further to implement paid sick leave in all sectors, across the country.
We plan to convene provinces, territories and other interested stakeholders to develop a national action plan to legislate paid sick leave across the country.
And of course, this would be done while respecting provincial-territorial jurisdiction and keeping the unique needs of small businesses top of mind.
For context, not every province and territory has paid sick leave provisions.
In fact, as of now, only Prince Edward Island and Quebec have permanent requirements for employers to provide paid sick leave. British Columbia has recently announced their intention to introduce a paid leave as well.
But this shouldn’t be the case. Paid sick leave should be the same for Canadian workers from coast to coast to coast.
The Government of Canada has made a pledge to build back better for Canadians.
And a part of this commitment is to work to ensure that all Canadians have access to paid sick leave.
It would be a significant step forward in Canada’s economic recovery – and it will protect worker’s health, now and into the future.
This is what building back better means.
The Government is fully aware that the changes proposed today would have repercussions for employers, especially smaller businesses.
Federally regulated stakeholders, as well as other relevant organizations, will be engaged as we move forward with these changes.
We need to better understand the impact of these changes on their workplaces and local realities.
Finally, we intend to discuss paid sick leave with provinces and territories with a view to developing a national action plan.
This is a big step forward, and we need to take that step together.
Closing
The Government of Canada is committed to working hard to finish the fight against COVID-19 – and an important step towards Canada’s economic recovery is to make sure that Canadians have access to paid sick leave.
It is a fact – paid sick leave can help curb the spread of illness in workplaces across the country.
We must take action now to give workers the support that they need to help keep themselves and their workplaces safe and healthy.
Thank you for your time.
3. Bill C-3 – An Act to amend the Criminal Code and the Canada Labour Code
Bill C-3 – An Act to amend the Criminal Code and the Canada Labour Code
4. Amendments to the Canada Labour Code (Medical Leave of Absence with Pay)
Overview
The proposed legislation would amend Part III of the Canada Labour Code to provide up to 10 days of medical leave of absence with pay in a calendar year to employees in the federally regulated private sector.
More specifically, the proposed amendments would:
- amend the medical leave provisions to establish that:
- an employee earns 1 day of medical leave with pay for each month of continuous employment with an employer, up to a maximum of 10 days in a calendar year
- any day of medical leave with pay that an employee does not take in a calendar year carries forward to January 1st of the following calendar year and is to be included in the 10 days that can be earned in that calendar year, and
- the maximum number of days of medical leave with pay that an employee can take in a calendar year is 10
- authorize the Governor in Council to make regulations to modify the medical leave with pay provisions for a certain class of employees (for example employees required to be on call or who are assigned work by a hiring hall) if, in the opinion of the Governor in Council
- the application of the medical leave with pay provisions without modification would be unreasonable or inequitable in respect of the employees in that class or the employers of those employees, due to the work practices of that class, and
- the modification does not result in those employees earning periods of medical leave with pay at a rate that is not substantially equivalent to the rate to 1 day of medical leave with pay for each continuous month of employment with an employer
- remove “treating their illness or injury” from the list of reasons for which an employee can take personal leave.
The amendments would come into force on a day to be fixed by order of the Governor in Council.
5. Clause-by-clause analysis - Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code
Clause 6 – Paragraph 206.6(1)(a) of the Canada Labour Code is repealed
Topic: Personal Leave
1) This clause repeals “treating their illness or injury” as a reason for which an employee can take personal leave under the Canada Labour Code.
Old Text
206.6 (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to 5 days in every calendar year for
- (a) treating their illness or injury
- (b) carrying out responsibilities related to the health or care of any of their family members
- (c) carrying out responsibilities related to the education of any of their family members who are under 18 years of age
- (d) addressing any urgent matter concerning themselves or their family members
- (e) attending their citizenship ceremony under the Citizenship Act, and
- (f) any other reason prescribed by regulation
Proposed text
206.6 (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to 5 days in every calendar year for
- (a) [Repealed]
- (b) carrying out responsibilities related to the health or care of any of their family members
- (c) carrying out responsibilities related to the education of any of their family members who are under 18 years of age
- (d) addressing any urgent matter concerning themselves or their family members
- (e) attending their citizenship ceremony under the Citizenship Act, and
- (f) any other reason prescribed by regulation
Rationale
Removing “treating their illness or injury” as one of the reason for which an employee can take personal leave is done to avoid duplication in leave provisions with the introduction of medical leave of absence with pay.
Employees will continue to have access to 5 days of personal leave, the first 3 days with pay if they have completed 3 consecutive months of continuous employment with their employer, for the remaining reasons (that is, family responsibilities (health and education), urgent matters concerning themselves or their families, or attending their citizenship ceremony) listed at paragraphs 206.6(1)(b) to (f) of the Canada Labour Code.
Clause 7 – Subsection 239(2) of the Code is amended by adding the following:
Topic: Medical Leave of Absence with Pay
- Subclause 7(1) adds 5 new medical leave of absence with pay provisions and one provision clarifying that the existing certificate requirement for medical leave is specifically for medical leave of absence without pay.
Old text
- Leave with pay
- N/A
- Rate of wages
- N/A
- Annual carry forward
- N/A
- Division of leave
- N/A
- Certificate - leave with pay
- N/A
- Certificate - leave without pay
- N/A
- Certificate
- (2) If a medical leave of absence is 3 days or longer, the employer may require that the employee provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of time that they were absent from work.
Proposed text
Leave with pay
(1.2) An employee earns, at the beginning of each month after completing 1 month of continuous employment with an employer, 1 day of medical leave of absence with pay, up to a maximum of 10 days in a calendar year.
Rate of wages
(1.3) Each day of medical leave of absence with pay that an employee takes must be paid at their regular rate of wages for their normal hours of work, and that pay is for all purposes considered to be wages.
Annual carry forward
(1.4) Each day of medical leave of absence with pay that an employee does not take in a calendar year is to be carried forward to January 1 of the following calendar year and decreases, by 1, the maximum number of days that can be earned in that calendar year under subsection (1.2).
Division of leave
(1.5) The medical leave of absence with pay may be taken in 1 or more periods. The employer may require that each period of leave be of not less than 1 day’s duration.
Certificate — leave with pay
(1.6) 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 with pay, 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 with pay.
Certificate — leave without pay
(2) If a medical leave of absence without pay is 3 days or longer, the employer may require that the employee 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 without pay.
Rationale
The new subsection 239(1.2) provides that an employee earns 1 day of medical leave of absence with pay for each month of continuous employment with an employer, up to a maximum of 10 days of medical leave of absence with pay per calendar year. The earned day will be credited to employees at the beginning of each month following the month of continuous employment.
The new subsection 239(1.3) provides that the medical leave of absence with pay is paid at the employee's regular rate of wages for the employee’s normal hours of work, and is considered to be wages.
The new subsection 239(1.4) provides that employees can carry over up to 10 days of unused medical leave of absence with pay, from one calendar year to the next. Any carried over days of medical leave of absence are to be included in the maximum number of days that can be earned in that calendar year under the new subsection 239(1.2). This means that, for any given calendar year, an employee will be able to earn the difference between the maximum number of days set in subsection 239(1.2) (that is, 10 days) and the number of days that are carried forward from the previous year. For example, an employee who has carried forward 6 unused days from the previous calendar year will be able to earn a maximum of 4 days in the new calendar year, for a total entitlement of 10 days.
The new subsection 239(1.5) allows an employee to take a medical leave of absence with pay in 1 or more periods, however, the employer may require that each period of this leave is a minimum of 1 day.
The new subsection 239(1.6) provides that an employer may require, in writing and no later than 15 days after an employee’s return to work, that the employee 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 with pay. An employer may require such a certificate from an employee regardless of the duration of a medical leave with pay.
The amended subsection 239(2) provides greater clarity that the existing certificate requirement for medical leave is specifically for medical leave of absence without pay. This requirement prohibits an employer from requiring that the employee provide a medical certificate unless the employee’s leave lasts 3 or more consecutive days. This differs from the new certificate requirement for medical leave of absences with pay (new subsection 239(1.6) above).
- Subclause 7(2) amends subsection 239(13) of the Canada Labour Code to expand the Governor in Council’s power to make regulations for the purposes of the new medical leave of absence with pay provisions.
Old text
- 239 (13) The Governor in Council may make regulations defining terms for the purposes of this Division.
- (a) N/A
- (b) N/A
Proposed text
239 (13) The Governor in Council may make regulations
(a) defining terms for the purposes of this Division, including “regular rate of wages” and “normal hours of work”, and
(b) modifying any provision of this Division respecting the medical leave of absence with pay for the purposes of applying this Division to any class of employees if, in the opinion of the Governor in Council,
(i) the application of the provision without the modification would be unreasonable or inequitable in respect of the employees in that class or their employers, due to the work practices of that class, and
(ii) those employees will, despite the modification, earn periods of medical leave of absence with pay at a rate that is substantially equivalent to the rate provided for in subsection (1.2).
Rationale
The new paragraph 239(13)(a) provides greater clarity that the existing regulation-making authority to define any terms within this Division includes “regular rate of wages” and “normal hours of work”, which are new terms added by subsection 239(1.3).
The new paragraph 239(13)(b) provides the authority to make regulations to modify the medical leave of absence with pay provisions for certain class of employees (for example, employees required to be on call or who are assigned work by a hiring hall) if,
- the application of the provisions without modification would be unreasonable or inequitable in respect of the employees in that class or their employers, due to the work practices of that class, and
- those employees will, despite the modification, earn periods of medical leave of absence with pay at a rate that is substantially equivalent to the rate to 1 day of medical leave of absence with pay for each month of continuous employment with an employer.
Clause 8 – New. Coming into Force
Topic: Coming into force
- Subclause 8(2) provides that the amendments in clauses 6 and 7 will come into force on a day to be fixed by order of the Governor in Council.
Rationale
This subclause provides that the changes to personal leave and the addition of medical leave of absence with pay provisions would come into force on a day to be fixed by the Governor in Cou Shencil to allow time for consultations with stakeholders, training inspectors, education and awareness-raising activities for employers and employees, and the development of regulations if required.
6. Questions and answers - Amendments to The Canada Labour Code (Medical Leave of Absence with Pay)
Q1 Why is the Government introducing 10 days of paid sick leave?
A1 The COVID-19 pandemic has highlighted an important gap in Canada’s social safety net. Many employees across Canada have either limited or no access to paid short-term sick leave. As a result, when workers are sick they are of 10 forced to choose between staying home and not getting paid, or going to work sick.
Studies shows that paid sick leave will support employees experiencing a temporary illness in 3 ways:
- it will protect their incomes through continued wage payments during a period of illness
- it will protect their jobs, by keeping their employment relationships intact during a period of leave due to illness, and
- it will protect their health, by allowing them to recover at home rather than continue going to work while sick, which can prolong illness and further reduce productivity
Access to paid sick leave will also encourage employees to stay home when they are sick helping to reduce the potential spread of communicable diseases in the workplace, including COVID-19.
Some studies suggests also that employers also experience benefits when they offer paid sick leave to their employees. Among other things, access to paid sick leave:
- enhances productivity and reduces employee turnover
- prevents performance decline associated with employees who come to work despite physical or mental illness, and
- decreases the likelihood that employees will make mistakes and risk occupational injury due to being unwell
Q2 How would the paid sick leave entitlement work?
A2 Under the proposed amendments, employees would earn an entitlement of 1 day of medical leave with pay following each completed month of continuous employment with an employer, up to a maximum entitlement of 10 days per calendar year. The paid leave would be credited to employees at the beginning of each month following an entire month of employment.
Earned days of medical leave of absence with pay that are not used by an employee in a calendar year would be credited to an employee at the beginning of the new year and would count toward the maximum of 10 paid days that can be earned during that year. For example, an employee who has 6 unused paid days at the end of a calendar year will be credited 6 days at the beginning of the next calendar year and will be able to earn a maximum of 4 days in the new calendar year, for a total entitlement of 10 days.
Note that employees would continue to be entitled to take unpaid medical leave at any time during the calendar year.
Q3 What would an employee need to do to access medical leave with pay?
A3 Employees who intend to take a medical leave of absence with pay would need to provide notice to their employer as soon as possible and, if requested, provide a certificate issued by a health care practitioner certifying that they were incapable of working for the period during which they were absent. Employers may require that a medical leave absence be taken in periods of whole days. In other words, subject to an employer’s discretion, and for the purposes of tracking the usage of medical leave of absence with pay, absences for partial days may count as full days of medical leave with pay.
As with unpaid medical leave, the proposed medical leave with pay would not be subject to a minimum period of employment with the employer. Employees would begin accumulating their paid medical leave entitlement immediately.
Q4 What are the proposed amendments to the Canada Labour Code? What would they achieve?
A4 This bill would amend Part III of the Canada Labour Code to provide up to 10 days of medical leave with pay in a calendar year to employees in the federally regulated private sector. More specifically, the proposed amendments would:
- amend the medical leave provisions to establish that
- an employee earns an entitlement of 1 day of medical leave of absence with pay for each month of employment with an employer, up to a maximum of 10 days in a calendar year
- any day of medical leave of absence with pay that an employee does not take in a calendar year carries forward to January 1st of the following calendar year and is to be included in the 10 days that can be earned in that calendar year, and
- the maximum number of days of medical leave of absence with pay that an employee can take in a calendar year is 10
- provide authority for the Governor in Council to make regulations to modify, in certain circumstances, the application of the medical leave of absence with pay provisions in respect of any class of employees, including, for example, on-call employees. This would ensure that the new paid sick leave entitlement can be adjusted to accommodate specific types of employment in the federally regulated private sector
- remove “treating their illness or injury” from the list of reasons for which an employee can take personal leave. This is to avoid duplicating leave provisions under Part III. Note that employees would still be entitled to take personal leave for other existing reasons (for example, carrying out responsibilities related to the health or care of any of their family members)
The proposed amendments would come into force on a day to be fixed by order of the Governor in Council.
Q5 Does the Government plan to provide financial support to employers?
A5 Over the coming the months, the Government of Canada will convene provinces and territories to discuss a plan to legislate sick leave across the country. Relevant stakeholders, including employers and labour groups, will also be engaged to understand what, if anything, is required to support the unique needs of small business owners and/or specific industries.
Q6 Would the new provisions apply to all Canadians? To whom would they apply?
A6 The new provisions would not apply to all Canadians. Responsibility for labour matters is constitutionally divided between the federal and provincial governments. The federal government has exclusive authority to legislate labour standards, including paid sick leave, for workplaces in the federally regulated private sector via Part III of the Canada Labour Code.
Part III sets out minimum labour standards (such as, payment of wages, hours of work, leave provisions) for approximately 955,000 employees (or approximately 6% of all Canadian employees) working for 18,500 employers in industries such as interprovincial and international transportation, banking, telecommunications and broadcasting, as well as some governance activities on First Nations reserves. Part III does not apply to the federal public service, the Canadian Armed Forces, the Royal Canadian Mounted Police, or to Parliamentary employees
The proposed changes to the Canada Labour Code would not apply to provincially or territorially regulated employees. In order to provide all Canadians with access to paid sick leave, every province and territory would need to amend their respective labour standards legislation.
Q7 How would the proposed changes compare to paid sick leave provisions in the provinces and territories?
A7 These changes would make the Canada Labour Code more generous with respect to the provision of paid sick leave than what is currently provided for in the provinces and territories. Only 2 provinces currently have permanent requirements for employers to provide paid sick leave; Prince Edward Island provides for 1 day of paid leave per year after 5 years of continuous employment with their employer and Quebec provides for2 days of paid leave per year. That said, British Columbia recently announced regulatory changes that will provide employees with 5 days of paid leave per year, starting on January 1, 2022.
As it is essential that all Canadians have access to paid sick leave, the Government will be convening the provinces and territories to develop a plan to legislate paid sick leave across the country.
Q8 What other leaves do employees who are unable to work due to sickness currently have access to under Canada Labour Code?
A8 Part III of the Canada Labour Code provides employees in federally regulated industries with several leaves related to personal illness or injury, such as:
Up to 17 weeks of unpaid medical leave due to personal illness or injury; organ or tissue donation; or medical appointments during working hours. Employees may also take up to 16 weeks of unpaid leave as a result of quarantine.
Up to 5 days of personal leave (the first 3 with pay for employees who have completed 3 months of continuous service for their employer) for a number of reasons, including treating their illness or injury. However, following the coming into force of the proposed changes, employees would no longer have access to personal leave for treating personal illness or injuries.
Prior to November 20, 2021, employees also had access to up to 4 weeks of leave related to COVID-19 if they were ill or needed to self-isolate as a result of COVID-19. This leave was designed to provide employees with job protection while they receive the Canada Recovery Sickness Benefit (CRSB). As of November 21, 2021, the leave and benefit are no longer available, however, the Government has announced that it will introduce legislation to extend the life of the Canada Recovery Sickness Benefit until May 7, 2022 and to reinstate the leave accordingly.
Q9 How many people are expected to be impacted by the proposed changes?
A9 In 2019, about 582,700 employees, representing 63.3% of all employees employed in federally regulated industries, had access to fewer than 10 days of paid leave to treat a personal illness or injury.
The impact of these provisions is expected to be higher for employees working for small firms as these firms are less likely to provide paid leave to their employees. For firms with less than 100 employees, it is estimated that approximately 90% of their employees would be impacted.
Q10 Would this proposal impact collective agreements in the federally regulated private sector?
A10 Yes. Collective agreements would need to be amended if they provide less medical leave with pay than the minimum 10 days that would be provided for under Part III of the Canada Labour Code. However, as they are minimum standards, the proposed amendments would not override more favourable arrangements provided for in a collective agreement.
Q11 Would the proposed amendments apply to federal public servants?
A11 The proposed amendments would not apply to federal public servants. Federal public servants are not subject to Part III of the Canada Labour Code. However, collective agreements in the federal public sector are typically expected to meet or surpass labour standards provided for under Part III.
In general, federal public service collective agreements provide for 15 days of paid sick leave per year, earned at a rate of 1.25 days per each month. Unused sick leave credits can be carried over to the next fiscal year.
Q12 Would the proposed amendments to Part III of the Canada Labour Code have cost implications for employers?
A12 Incremental costs to employers would depend largely on the number of days taken by employees. Data from Statistics Canada and the research literature suggests that annual usage of the new leave would be, on average, between 4 and 7 days. Assuming that employees would take, on average, between 4 and 7 days per year, incremental costs to employers are estimated to be between $457 million to $885 million. These estimates are the cost that is over and above existing paid medical leave entitlements that are currently provided by federally regulated employers.
These incremental costs, on a per employee basis, are expected to be higher for smaller firms than larger ones, as large firms are more likely to provide paid sick leave to their employees already.
Q13 Why is the Government proposing that employees accumulate 10 days of medical leave with pay monthly throughout the calendar year as opposed to providing for 10 days of paid leave up front?
A13 Providing all 10 days of medical leave with pay up front could impose significant costs on employers in high-turnover industries, such as road transportation, where employees change employers frequently.
By accumulating paid leave throughout the year, new and departing employees would only earn days of medical leave with pay for the months that they are with a particular employer, and thus limiting imposed costs on employers in high-turnover industries.
Q14 What happens if an employee needs to take leave to treat a personal illness or injury but has not accumulated enough days of medical leave with pay to cover their time away from work?
A14 Although unused days of medical leave with pay at the end of a calendar year would be credited to an employee at the beginning of the new year, some employees may find themselves in circumstances where they have not accumulated enough days of medical leave with pay to cover their absence (for example, if it is early in the calendar year and they have no unused days credited from the previous year). In such situations, employees would continue to have access to up to 17 weeks of unpaid medical leave, which can be taken at any point in the year. Moreover, employers are able to go beyond the minimum standards set out under the Code, and could choose to allow employees to take medical leave with pay in advance of being earned.
Q15 Why is the Government proposing that the application of the new provision can be modified by regulation?
A15 The proposed legislation provides for a regulation-making power that could be used to adjust the new medical leave of absence with pay requirements with respect to certain classes of employees. This would ensure that the new paid leave is applied in such a way that is equitable and adjusted to the unique needs of industries, if necessary. Any adjustments would be required to ensure that the earning periods of medical leave with pay are at a rate that is not substantially different to the rate provided for in the legislation.
Q16 Have stakeholders been engaged on the proposed changes?
A16 Over the coming the months, the Government of Canada will convene provinces and territories to discuss a plan to legislate sick leave across the country. Relevant stakeholders, including employers and labour groups, will also be engaged to understand what, if anything, is required to support the unique needs of small business owners and/or specific industries.
Q17 How will the Labour Program implement, track and evaluate the success of the proposed amendments?
A17 Before and after the proposed amendments come into force, the Labour Program would inform stakeholders and labour affairs officers about the new provisions and update information materials (such as, Federal Labour Standards web page, internal guidelines) to ensure that all relevant information on the new provisions is available to the public.
Once the paid sick leave provisions are in force, the success of the implementation strategy would be monitored through existing enforcement mechanisms and tracking complaints made by federally regulated employees to the Labour Program regarding medical leave with pay.
Q18 Why is the coming-into-force date to be fixed by the Governor in Council?
A18 The proposed new entitlement of 10 days of medical leave with pay constitutes a significant change to the Canada Labour Code. It is proposed that the coming into force of these amendments would occur on a day to be fixed by the Governor in Council to allow time for consultations with stakeholders, training inspectors, education and awareness-raising activities for employers and employees, and the development of regulations if required.
7. Committee Profile (December 2021)
Official title: Committee Profile (December 2021) - House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA)
Table of Contents
HUMA Membership
- Chad Collins (LPC)
- Michael Coteau (LPC)
- Wayne Long (LPC)
- Soraya Martinez Ferrada (LPC)
- Robert (Bobby) J. Morrissey (LPC)
- Tony Van Bynen (LPC)
- Bob Benzen (CPC)
- Matt Jeneroux (CPC)
- Stephanie Kusie (CPC)
- Alex Ruff (CPC)
- Bonita Zarrillo (NDP)
- Louise Chabot (BQ)
Liberal party of Canada
- Chad Collins, Ontario
- Michael Coteau, Ontario
- Wayne Lond, New Brunswick
- Soraya Martinez Ferrada, Québec, PS for Housing and Diversity and Inclusion (Housing)
- Robert (Bobby) J. Morrissey, Prince Edward Island
- Tony Van Bynen, Ontario
Conservative party of Canada
- Bob Benzen, Alberta
- Matt Jeneroux, Alberta, Housing and Diversity and Inclusion Critic
- Stephanie Kusie, Alberta, Employment, Workforce Development and Disability Inclusion Critic
- Alex Ruff, Ontario
New democratic party of Canada
- Bonita Zarrillo, British Columbia, Disability Inclusion Critic
Bloc Québécois
- Louise Chabot, Québec, Employment, Workforce Development and Labour Critic
Committee members (header not included in original binder)
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.
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.
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
Soraya Martinez Ferrada, Liberal Party, PS for Housing and Diversity and Inclusion (Housing), Hochelaga, Québec
Brief biography
Soraya Martinez Ferrada was first elected to the House of Commons for Hochelaga in 2019 and re-elected in 2021. She was appointed Parliamentary Secretary to the Minister of Immigration, Refugees and Citizenship in 2019 and became Parliamentary Secretary to the Minister of Transport in 2021. She has also served on the Standing Committee on Official Languages in the last Parliament.
She is a proud resident of the east end of Montréal. Originally from Chile, her family settled in the area in the 1980s. Soraya has deep roots in the community where she currently resides with her son and daughter.
Before being elected, Soraya worked for more than 20 years in the community where she specialized in communications and developed multiple cultural and political projects. Among her achievements, she created the very first cultural and socio-professional integration program at TOHU, a unique example of sustainable development in Montréal.
In 2005, she was elected as a city councillor and appointed by the mayor to the position of Associate Advisor for Culture on the City’s Executive Committee. In 2009, she became Chief of Staff to the Leader of the Official Opposition at Montréal City Hall. She transitioned to the federal government in 2015 as Chief of Staff and Senior Advisor to the Minister of Canadian Heritage.
She created the Vedette d’Hochelaga video clips in which she highlights the commitment of citizens, community organizations, and entrepreneurs in the riding of Hochelaga. She has also set up virtual roundtables and regular newsletters that present federal programs directly serving the people of her riding.
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 and 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:
- 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 2 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 ne2rk, so businesses in the community have ultra-high-speed connectivity, which has been particularly crucial during the pandemic.
Bob Benzen, Conservative Party, Calgary Heritage, Alberta
Brief biography
Bob Benzen was first elected as the Member of Parliament for the riding of Calgary Heritage in a by-election held on April 3, 2017. He was re-elected in the 2019 and 2021 general elections.
After founding and successfully building his own small business, Bob entered politics out of a desire to give back through public service. Bob wants to ensure that Canada remains the best place to live and raise a family, and to do this he believes in the principles of individual freedom, personal responsibility, and strong families. Those are the values that Bob advocates for on behalf of his constituents of Calgary Heritage in Canada's Parliament.
Bob is a proud father of 3 and a resident of Calgary Heritage for nearly 30 years. He currently lives in the community of Evergreen with his wife Sue.
Matt Jeneroux, Conservative Party, Housing and Diversity and Inclusion Critic, Edmonton Riverbend, Alberta
Brief biography
Matt Jeneroux was first elected as Member of Parliament for Edmonton Riverbend in October 2015 and was re-elected in 2019 and 2021. A long-time resident of south Edmonton, Matt is the former Member of the Legislative Assembly and also the youngest government provincial politician prior to May 2015.
In spring 2013, 1 year after being elected in the Alberta Government, he introduced a private member’s bill entitled Compassionate Care Leave Legislation, the first of its kind in the history of Alberta. The legislation provides a leave of absence for an employee from his/her employer while taking care of a terminally ill loved one. Furthermore, he also had 2 of his motions pass unanimously in the Legislature Chamber. First, to provide support for playgrounds when new schools for young families are built in the province of Alberta. He also urged the provincial government to conduct a review of the childcare policy in the province. Matt has also chaired the Capital Region Government Caucus, Youth Secretariat, and was a member of the provincial Alberta Treasury Board. In addition, he’s chaired Alberta’s Results Based Budgeting for Environment and Resource Stewardship.
As a Member of Parliament, Matt announced an initiative to fight for unemployed Albertans called the Alberta Jobs Task Force. He co-chairs the non-partisan group that focuses on policy solutions that support everyday Albertans. Matt is also a member of 2 federal committees: Access to Information, Privacy and Ethics and Public Accounts standing committee. In February 2017, Matt announced his motion in support of the geothermal industry in the cleanup of orphan wells. In addition, Matt is also on the Executive of the Canada-United Kingdom Parliamentary Association
Born and raised in Edmonton, Matt attended the University of Alberta, where he graduated in 2004. He raises his 2 daughters in Edmonton Riverbend.
Of note:
- sponsored C-220, An Act to amend the Canada Labour Code (bereavement leave), which received unanimous support from both the House of Commons and the Senate, and received Royal Assent on June 29, 2021.
Stephanie Kusie, Conservative Party, Employment, Workforce Development and Disability Inclusion Critic, Calgary Midnapore, Alberta
Brief biography
First elected as a federal Member of Parliament in 2017, Stephanie Kusie served as the Official Opposition Deputy Shadow Minister for Health. In September 2018, she took over the position of Official Opposition Shadow Minister for Democratic Institutions.
In 2018 Stephanie accepted invitations to become a member of both the Trilateral Commission and the board of CANZUK International. She was also elected to the Executive Committee of the Canadian Section of ParlAmericas Interparliamentary Association and remains so to this day.
Following the fall 2019 general election, she served as the Shadow Minister for Families, Children, and Social Development, a role she held until September of 2020, when incoming Conservative Party Leader, Erin O’Toole, appointed her as the Shadow Minister for Transport in his new Shadow Cabinet.
Stephanie was born and raised in the community of Calgary Midnapore and attended the “Calgary School” within the University of Calgary, where she earned a degree in political science. Stephanie went on to obtain her Masters in Business Administration in Strategic Management from Rutgers University, where she won their Graduate School of Management Case Competition in 2000.
As a diplomat for the Canadian federal government, Stephanie served in the watch office from 2004 to 2005 assisting Canadians in distress; had a temporary duty in Argentina in 2006; was chargée d’affaires and Consul for Canada in El Salvador from 2006 to 2008; and Consul for Canada at the Consulate in Dallas, Texas from 2010 to 2013. She also served as policy advisor to the Honourable Minister Peter Kent during his time as Minister of State for Foreign Affairs for the Americas in the Harper Administration in 2009.
From 2014-2016, Stephanie served as the Executive Director of Common Sense Calgary, a non-profit organization dedicated to lowering civic taxes. She also served as the Alberta South Chair of Equal Voice, a national lobby organization focussed on electing more women to all levels of political office.
Stephanie has been published in the Calgary Sun, the Calgary Herald, the Edmonton Journal and the National Post.
Stephanie speaks English, French, and Spanish fluently, and enjoys traveling and spending time with her husband James and their son Edward.
Of note:
- Previously a member of HUMA and Families, Children, and Social Development critic from 2019 to 2020. Key issues of interest during that time:
- home equity tax
- economic recovery plan in general but also for youth
- negative impacts of Canada Emergency Response Benefit (fraud, youth initiatives, small businesses, etc.) and confusion between Employment Insurance and Canada Emergency Response Benefit
- foreign workers and Foreign Credential Recognition
- housing continuum, home ownership and homelessness
- Canada Child Benefit for high income earners
- labour force trends
- income security, RRSP and mandatory RRIF withdrawal
- long-term care homes for seniors
- Service Canada wait times and overall services to Canadians
- In December 2021, Ms. Kusie co-signed a letter, along with CPC Raquel Dancho, Public Safety critic, and Pierre Paul-Hus, Public Services and Procurement critic, addressed to the Minister of Employment, Workforce Development and Disability Inclusion and Minister of Public Safety regarding a street gang in Montreal fraudulently obtained taxpayer dollars via the Canada Emergency Response Benefit (CERB) to purchase illegal firearms.
Alex Ruff, Conservative Party, Bruce, Grey, Owen Sound, Ontario
Brief biography
Alex Ruff was first elected as Member of Parliament for Bruce-Grey-Owen Sound 2019 and was re-elected in 2021. He served on the Veterans Affairs Committee from 2019 to 2020 until being appointed as the Opposition Deputy Whip in September 2020. He grew up on a farm just outside Tara and understands the unique issues facing a rural riding. He attended Chesley District High School (CDHS) and spent his summers farming and lifeguarding at the Tara Pool.
With multiple postings across Canada, he has developed an appreciation for the vast diversity and challenges that face everyday Canadians. Alex has always maintained his deep connections to the local community through his involvement with the Tara Legion and local community events. He frequently speaks to schools across the region, attends local Remembrance Day events and has even opened the Desboro Fall Fair.
In 1997, Alex graduated from Royal Military College with an Honours Bachelors of Space Science degree, and subsequently went on to command troops as an infantry officer in The Royal Canadian Regiment. He has extensive experience with six operational deployments including the 1998 ice storm in Eastern Ontario and Quebec, 2 in Bosnia, 2 in Afghanistan and most recently in Iraq. From his 2007 combat deployment to Afghanistan, he was awarded the Meritorious Service Cross by the Governor General due to his "outstanding leadership in defeating a determined enemy."
His final military posting was in Baghdad, Iraq, as a key leader in the international efforts to defeat ISIS terrorists in the region before he returned home in January 2019 to run for federal politics.
Alex believes that politicians represent the people who elected them, first and foremost.
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 2 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.
Louise Chabot, Bloc Québécois, 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:
- sponsored the Committee’s study on the Review of the Employment Insurance Program in 2021; critical of the Employment Insurance 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
- nurse by profession
House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA)
8. List of studies and interventions related to ESDC (including the Labour Program) in 43rd Parliament
Official title: House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) - List of Studies and interventions related to ESDC (including the Labour Program) in 43rd Parliament
Please note that corporate memory for HUMA does not seem to carry over from one Parliament to the next as the turnover of the Clerk of the Committee is relatively higher compared to other committees. In addition, CPC membership also tends to change often during a parliamentary session.
Mandate
The House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (the Committee) can study and report to the House of Commons on the following matters:
- the legislation, expenditure plans, program and policy objectives, and the mandate, management and operation of Employment and Social Development Canada
- other issues such as Employment Insurance (EI), employment benefits and support measures, income security programs, the Canada Labour Code, skills development and training, and various programs for seniors, families, children and persons with disabilities, and
- the Main and Supplementary Estimates, Order in Council appointments, and returns or other papers tabled in the House of Commons and referred to the Committee
The Committee is also empowered to study and report on the mandate, management and operations of the following agencies and Crown corporations:
- the Canada Industrial Relations Board
- the Canadian Centre for Occupational Health and Safety, and
- the Canada Mortgage and Housing Corporation
The Committee also has the specific mandate to propose, promote, monitor and assess initiatives which are aimed at the integration and equality of persons with disabilities in all sectors of Canadian society. The Committee is also responsible for administering the award provided under the Centennial Flame Research Award Act, enacted in 1991. The award enables the recipient to conduct research and produce a report on the contributions to the public life of Canada or the activities of Parliament of persons with disabilities. The award consists of funds collected from the Centennial Flame monument on Parliament Hill and from any monetary donations made to the Centennial Flame Research Award Fund.
List of Studies and interventions
1. Impact of COVID-19 on Seniors
The committee adopted a motion on Tuesday, February 2, 2021 to study the impact of COVID-19 on seniors.
- Incomplete study with 6 meetings held (last meeting on June 22, 2021).
- Minister of Seniors and departmental officials appeared as witnesses for a duration of 2 hours.
- No committee report presented to the House but a News Release was issued inviting Canadians to submit briefs (Committee News Release - May 12, 2021 - HUMA (43-2) - House of Commons of Canada (ourcommons.ca)).
2. Bill C-265, An Act to amend the Employment Insurance Act (illness, injury or quarantine)
- HUMA studied Bill C-265, sponsored by BQ MP Claude DeBellefeuille, in June 2021. It was reported back in the House without amendments. The bill died on the Order Paper with the dissolution of the 43rd Parliament.
- The legislation would amend the Employment Insurance Act to increase from 15 to 50 the maximum number of weeks for which benefits may be paid because of illness, injury or quarantine.
- Two meetings were held (one with the sponsor and a departmental official appearing as witness and a second one dedicated for clause-by-cause consideration).
3. Review of the Employment Insurance Program
The committee adopted a motion on October 28, 2020 to undertake a study on the review of the Employment Insurance program.
- Nine meetings held (including 2 in camera meetings for drafting and consideration of report).
- Departmental officials appeared for 2 hours to kick off the study. Subsequently, the Minister of Employment, Workforce Development and Disability Inclusion and departmental officials appeared as witnesses for a duration of 2 hours.
- Committee report was presented to the House on June 17, 2021, entitled “Report 6 - Modernizing the Employment Insurance Program” and News Release was issued on June 21, 2021 (Committee News Release - June 21, 2021 - HUMA (43-2) - House of Commons of Canada (ourcommons.ca) ). In the report, the committee makes 20 recommendations related to the financing of the Employment Insurance program, regular benefits, special benefits, training and labour market programming, technological infrastructure, and program administration, with a view to making the Employment Insurance program nimbler and better able to meet the needs of workers and employers.
- A Government response was requested but was not submitted due to the dissolution of the 43rd Parliament.
4. Urban, Rural, and Northern Indigenous Housing
The committee adopted a motion on October 29, 2020 to investigate and make recommendations on the challenges and systemic barriers facing Indigenous People and Indigenous housing providers in northern, urban, and rural communities across Canada. The motion further outlined the focus of the study on urban, northern and rural providers with a view to identify the gaps in the federal government’s current policies in addressing homelessness and the precarious housing crisis facing Indigenous People in urban, rural and northern communities across Canada.
- 13 meetings held (including 6 meetings (some partial) for drafting and consideration of report).
- Departmental officials along with officials from CMHC, ISC and CIRNAC appeared for 2 hours to kick off the study. The Parliamentary Budget Officer, accompanied by his officials, also appeared for 1 hour to conclude the study.
- Committee report was presented to the House on May 26, 2021, entitled “Report 5 - Indigenous Housing: The Direction Home” and News Release was issued on the same day (Committee News Release - May 26, 2021 - HUMA (43-2) - House of Commons of Canada (ourcommons.ca) ). In the report, the committee makes 9 recommendations to support Indigenous-led housing initiatives, including the co-development of an urban, rural, and northern Indigenous housing strategy and an Urban, Rural, and Northern Housing Centre with a mandate, role and responsibilities developed by Indigenous peoples, communities and organizations.
- A Government response was requested but was not submitted due to the dissolution of the 43rd Parliament.
5. Supplementary Estimates (C) 2020 to 2021 and Main Estimates 2021 to 2022
- Two meetings held.
- Minister of Seniors, Minister of Families, Children and Social Development, and Minister of Employment, Workforce Development and Disability Inclusion appeared for 1 hour each, accompanied by departmental officials.
- Committee report on Supps C was presented to the House on March 22, 2021.
6. Bill C-24, An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19
- HUMA studied Bill C-24, sponsored by Minister of Employment, Workforce Development and Disability Inclusion in March 2021. It was reported back in the House without amendments. The bill received royal assent on March 17, 2021. Amendments to the Employment Insurance Act (EIA) and Canada Recovery Benefits Act (CRBA) were deemed to have come into force on October 2, 2020
- The legislation first amends the EIA to temporarily increase the maximum number of weeks for which Employment Insurance (EI) regular benefits may be paid to 50 weeks. It also amends the Employment Insurance Act to allow self-employed workers who have opted into the Employment Insurance program to temporarily use an earnings threshold of $5,000 to access Employment Insurance special benefits
- Second, it amends the Canada Recovery Benefits Act to add a new eligibility condition specifying that individuals are only eligible for benefits if, during the benefit period, they were not required to quarantine or self-isolate as a result of entering Canada. This new eligibility condition is subject to certain exceptions. The bill also amends the Canada Recovery Benefits Act to authorize the disclosure of personal information obtained under the Quarantine Act for the purpose of verifying whether the person meets the new eligibility condition.
- Third, it amends the Customs Act to authorize the disclosure of information relating to the movement of people into and out of Canada for the purpose of administering or enforcing the Canada Recovery Benefits Act.
- Minister of Employment, Workforce Development and Disability Inclusion appeared for 1 hour, accompanied by departmental officials, followed by 1 and a half hour of clause-by-clause consideration of the bill.
- One meeting of 2.5 hours was held.
7. Bill C-220, An Act to amend the Canada Labour Code (compassionate care leave)
- HUMA studied Bill C-220, sponsored by CPC MP Matt Jeneroux, in early June 2021. It received Royal Assent on June 29, 2021. Amendments came into force 3 months following the day after the bill received Royal Assent.
- The legislation extends the maximum length of bereavement leave from 5 days to 10 days. The entitlement to bereavement leave expanded to include any employee who is on compassionate care leave or leave related to critical illness at the time of the death of the family member they were caring for while on leave.
- On February 26, 2021, HUMA reported the bill to the House with various amendments. Notably, the committee replaced the clause amending compassionate care leave with a provision amending bereavement leave, such that a greater number of people are entitled to more days of leave following the death of a loved one. The title of the bill was also changed to reflect these amendments.
- One meeting was held (first hour with the sponsor and other witnesses, following by an hour of clause-by-clause consideration with departmental officials in attendance).
8. Main Estimates 2020 to 2021 and Supplementary Estimates (B), 2020 to 2021
- Five meetings held.
- For Supps B – Minister of Labour, Minister of Seniors, Minister of Families, Children and Social Development, and Minister of Employment, Workforce Development and Disability Inclusion appeared for 1 hour each, accompanied by departmental officials, followed by the appearances of senior officials for 1 hour.
- For Main Estimates – Minister of Families, Children and Social Development, and Minister of Employment, Workforce Development and Disability Inclusion appeared for 1 hour each, accompanied by departmental officials.
- Committee report on Main Estimates was presented to the House on November 27, 2020.
9. Government’s Response to the COVID-19 Pandemic
On April 11, 2020, by unanimous consent, the House adopted an order that during the period the House stands adjourned, HUMA may hold meetings for the sole purpose of receiving evidence related to the COVID-19 pandemic.
- nineteen meetings held, where Minister of Employment, Workforce Development and Disability Inclusion, Minister of Families, Children and Social Development, Minister of Labour, Minister of Seniors, and Minister of Immigration, Refugees and Citizenship appeared on separate occasions, accompanied by departmental officials
- no committee report presented to the House
- the committee received oral evidence, as well as briefs from various organizations and individuals in the following fields of expertise:
- poverty and income security
- disabilities issues
- children, youths and students
- colleges and universities
- immigrants, migrants and seasonal workers
- minority communities and women
- community services
- housing and homelessness
- retirees and seniors
- workers and employers
- labour unions
- law
9. Bill C-3, an Act to Amend the Criminal Code and the Canada Labour Code
Summary of house of commons debate at second reading
Bill C-3, An Act to Amend the Criminal Code and the Canada Labour Code was debated at Second Reading on December 3, 6, and 8, 2021. On December 9, 2021, it was adopted unanimously at Second Reading and referred to the Standing Committee on Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.
Although opposition parties agreed at second reading that Canadians deserve to feel safe in their workplaces and should have access to paid sick leave, they also raised questions and issues on specific topics and made recommendations on how to improve the legislation at Committee.
The main themes of discussion at second reading included eligibility of sick leave to contractors and sub-contractors and transfer of accumulated leave to new employers, health care worker right to protest, criteria to accumulate paid sick leave and requirement for medical certificates.
Contractors/sub-contractors
- Throughout second reading, the Conservative Party of Canada (CPC) questioned the Government whether Bill C-3 would also apply to contractors and sub-contractors and whether the bank of sick days could be transferable to a new employment contract with a new employer.
Maintaining health care workers right to protest
- Opposition parties agreed that health care workers should feel protected from protests, harassment and intimidation. However, the New Democratic Party of Canada (NDP) is of the view the legislation is vague when it comes to health care employees' right to protest.
- The Bloc Québécois (BQ) expressed support for the proposal to protect health care worker; the BQ pointed out that the Province of Quebec already adopted legislation to protect hospitals and schools, adding that Bill C-3 is about creating the perception that the government is doing something on the health care file.
Paid sick leave: criteria to accumulate sick leave and medical ertificate
- The NDP and the BQ agree that Bill C-3 would provide improvement in the employment conditions of workers. However, the NDP disagrees with the notion of accumulating leave based on calendar months; workers would have to work 1 calendar month to be entitled to 1 sick day and up to 11 months to accumulate 10 paid sick days. The NDP indicated it would like to explore the possibility of having a minimum number of days available from the beginning.
- The NDP spoke out against the provision that the employer is allowed to ask the employee to provide a medical certificate for a day of paid leave. During debate, the NDP indicate this concern is also shared by the medical community as requiring a medical certificate, regardless of the number of days, could prove to become a barrier to take leave and would add additional pressure to health care system.
Possible amendments at committee
- The CPC suggested amending Bill C-3 to include provisions on bereavement leave. The CPC referred Bill C-307, An Act to amend the Canada Labour Code (bereavement leave) sponsored by Tom Kmiec (Calgary Shepard) in the previous Parliament.
- As C-3 currently stands, workers would have to work 1 calendar month to be entitled to 1 sick day. The NDP suggests this provision would disproportionally affect women if it takes 11 months to accumulate 10 days' sick leave. The NDP indicated it would like to explore the possibility of having a minimum number of days available from the beginning.
- At Committee, the NDP will be looking to ensure that the right to picket and the right to demonstrate are protected in the event of a labour dispute or strike.
10. Members of the Senate Committee on Social Affairs, Science and Technology – biographies
Ratna Omidvar – Chair, Independent Senators Group
Province: Ontario (Ontario)
Biography
In April 2016, Prime Minister Trudeau appointed Ms. Omidvar to the Senate of Canada as an independent Senator representing Ontario. As a member of the Senate’s Independent Senators Group she holds a leadership position as the Scroll Manager. Ratna Omidvar is an internationally recognized voice on migration, diversity and inclusion. She came to Canada from Iran in 1981 and her own experiences of displacement, integration and citizen engagement have been the foundation of her work.
Senator Omidvar is the founding Executive Director and currently a Distinguished Visiting Professor at the Global Diversity Exchange (GDX), Ted Rogers School of Management, Ryerson University. Global Diversity Exchange is a think-and-do tank on diversity, migration and inclusion that connects local experience and ideas with global ne2rks. It is dedicated to building a community of international leaders who see prosperity in migration. Previously, Senator Omidvar was the President of Maytree, where she played a lead role in local, national and international efforts to promote the integration of immigrants.
Senator Omidvar is the current Co-Chair of the Global Future Council on Migration hosted by the World Economic Forum and serves as a Councillor on the World Refugee Council. She is also a director at the Environics Institute, and Samara Canada and is the Toronto Region Immigrant Employment Council’s Chair Emerita and was formerly the Chair of Lifeline Syria.
Senator Omidvar is co-author of Flight and Freedom: Stories of Escape to Canada (2015), an Open Book Toronto best book of 2015 and 1 of the Toronto Star's top 55 good reads from Word on the Street. She is also a contributor to The Harper Factor (2016) and co-editor of 5 Good Ideas: Practical Strategies for Non-Profit Success (2011). Senator Omidvar received an Honorary Degree, Doctor of Laws, York University in 2012.
Senator Omidvar has also been recognized by Canada's national newspaper, The Globe and Mail, by being named as its Nation Builder of the Decade for Citizenship in 2010. She was named to the inaugural Global Diversity List sponsored by The Economist magazine in 2015, as one of the Top 10 Diversity Champions worldwide. In 2016, she also received Lifetime Achievement Awards from CivicAction and the Canadian Urban Institute, honouring her strong commitment to civic leadership and city building.
Donna Dasko, Independent Senators Group
Province: Ontario (Ontario)
Biography
The Honourable Donna Dasko was appointed to the Senate of Canada on June 6th, 2018 by Prime Minister Justin Trudeau. Formerly a national pollster, media commentator and private sector business leader, Senator Dasko also holds a Ph.D and MA from the University of Toronto as well as a BA (Hons) from the University of Manitoba.
Prior to being appointed as a Senator for Ontario, Senator Dasko was Senior Vice-President of Environics Research Group Ltd, a leading research firm in Canada. She has volunteered in many roles including as Chair of the National CEO Roundtable for the Alzheimer Society, and Advisor to GreenPac (which promotes environmental leadership).
Dr. Dasko’s passion for the promotion of women in politics has guided much of her advocacy. She is a Co-Founder and former National Chair of Equal Voice, a non-partisan organization aimed at electing more women in Canada. She currently serves on the Board of Directors of Women’s Legal Education and Action Fund (LEAF), which promotes equality rights for women. In 2015, she co-founded the Campaign for an Equal Senate for Canada, an initiative to promote a gender-equal Senate. She works with the National Democratic Institute on issues related to women in politics internationally.
Diane F. Griffin, Canadian Senators Group
Province: Prince Edward Island (Prince Edward Island)
Biography
Senator Diane Griffin serves as the Chair of the Standing Senate Committee on Agriculture and Forestry. She is also a member of the Senate Standing Committee on National Security and Defence and serves as a Senate Vice-Chair on the Canada-US Interparliamentary Group.
Prior to joining the Senate, Senator Griffin worked in land conservation in both her career and volunteer activity. She was the Natural Areas Coordinator in Alberta for 8 years before moving back home to work for the Prince Edward Island Nature Trust. She later served as the Prince Edward Island Deputy Minister for Fisheries and Environment, then as the Prince Edward Island Program Director for the Nature Conservancy of Canada.
Senator Griffin served on national boards and advisory groups such as Nature Canada, Birds Studies Canada, Wildlife Habitat Canada and the National Round Table on the Environment and Economy as well as the Canadian Environmental Advisory Council.
Senator Griffin was a member of Stratford Town Council for 13 years and sees municipalities as key players in reducing Canada’s carbon footprint.
Dennis Glen Patterson, Conservative Party of Canada
Province: Newfoundland-Labrador (Newfoundland-Labrador)
Biography
Dennis Patterson (Nunavut) is a former Premier of the Northwest Territories who has dedicated his career to bettering the lives of people throughout Canada’s North.
In his distinguished 16-year career as a member of the Legislative Assembly in the Northwest Territories Mr. Patterson served in many capacities including Minister of Education, Minister of Health and Social Services and Minister of Justice, culminating in his service as Premier between 1987 and 1991.
During his time in public office Mr. Patterson played a key role in the settlement of the Inuvialuit final agreement and the Nunavut final land claim agreement. Mr. Patterson also served as a leader of the more than 20-year campaign which led to the establishment of Nunavut as Canada’s newest territory in 1999. Prior to entering politics, Mr. Patterson practiced law and was appointed founding Executive Director of the Legal Services Centre, Maliiganik Tukisiiniakvik Society, in Iqaluit.
After serving as Premier, Mr. Patterson established a private consulting firm, was admitted to the Law Society of Nunavut in 2001 and since 2003 has been a Trustee and, until September, 2015, was the Chair of Governance, Compensation and Nomination Committee of the Northern Property Real Estate Investment Trust.
Frances Lankin, Independent Senators Group
Province: Ontario (Ontario)
Biography
Frances Lankin has been a lifelong advocate for workers’ and women’s rights.
Lankin served for 11 years in the Legislative Assembly of Ontario (1990 to 2001), holding the positions of Minister of Government Services and Chair of Management Board, Minister of Health and Long Term Care and Minister of Economic Development and Trade. She also spent more than 10 years as the CEO of United Way Toronto.
She has contributed to a number of diverse government bodies and initiatives, including as a Member of the Security Intelligence Review Committee, Co-Chair of the Blue Ribbon Committee on Federal Grants and Contributions, Co-Commissioner of the Commission for the Reform of Social Assistance in Ontario, and Member of the Premier’s Advisory Council on Government Business Assets.
Lankin has served on several Crown, not-for-profit, charitable and corporate boards, including those of Equal Voice, The Canadian Foundation for Economic Education, the Toronto City Summit Alliance, the University of Toronto's School of Public Policy Advisory Committee, the Board of the Ontario Hospital Association, the Board of the Literary Review of Canada, the Mowat Centre’s Advisory Committee, the National NewsMedia Council, the Ontario Press Council, the Institute of Corporate Directors, Metrolinx, Hydro One and the Ontario Lottery and Gaming Corporation.
Lankin is a Member of Privy Council and a Member of the Order of Canada.
She has received Honorary Doctorates from Queen’s University, Ryerson University, the University of Windsor, and Nipissing University and is a recipient of the Queen’s Golden Jubilee and Queen’s Diamond Jubilee Medals. She is also the recipient of numerous awards and recognitions for her community work and involvement in the charitable sector.
Lankin was appointed to the Senate on March 18, 2016. She is a member of the National Security and Intelligence Committee of Parliamentarians.
Stan Kutcher, Independent Senators Group
Province: Nova Scotia (Nova Scotia)
Biography
Appointed to the Senate in December of 2018 by Prime Minister Justin Trudeau, Senator Kutcher is a leading psychiatrist and professor who has helped young people successfully manage major mental illnesses. Dr. Kutcher studied history and political science before earning a medical degree from McMaster University. He continued his education in Toronto and in Edinburgh, Scotland before returning to Canada and joining the University of Toronto.
It was there that he made his first of many major contributions to Canadian health care, taking Sunnybrook Hospital’s adolescent psychiatry division and transforming it into an innovative clinical and research facility. He also pioneered research into the causes of and treatments for youth with major mental illnesses such as bipolar illness, schizophrenia and depression.
Dr. Kutcher then became Head of the Psychiatry Department at Dalhousie University followed by appointments as Associate Dean for International Heath and the Sun Life Financial Chair in Adolescent Mental Health.
In addition to his professional practice, Dr. Kutcher has served on the board of the Art Gallery of Nova Scotia and the board of the Spryfield Boys and Girls Club. He also led the development of a national youth mental health framework for Canada as a member of the Child and Youth Advisory Committee of the Mental Health Commission of Canada.
Dr. Kutcher has also received numerous awards and honours for his work, including the Order of Nova Scotia, the Canadian Academy of Child and Adolescent Psychiatry’s Naomi Rae-Grant and Paul D. Steinhauer Advocacy awards, the McMaster University Distinguished Alumni Award and the Association of Faculties of Medicine of Canada’s John Ruedy Award for Innovation in Medical Education.
Patricia Bovey – Deputy Chair, Progressive Senate Group
Province: Manitoba (Manitoba)
Biography
Senator Patricia Bovey was appointed to the Senate by Prime Minister Justin Trudeau on November 10th, 2016. Prior to being appointed to the Senate, Senator Bovey was a Winnipeg-based gallery director and curator, art historian, writer, professor and, for many years, a management consultant in the arts and not-for-profit sector.
Former Chair of the Board of Governors of the University of Manitoba, she has served on the Boards of the National Gallery of Canada (2005 to 2009) and the Canada Council for the Arts (1990 to1993); the 1986 Withrow/Richard Federal Task Force on National and Regional Museums; the National Board for the Canadian Center for Cultural Management at the University of Waterloo (2002 to 2010); is a past Chair of the Board of Governors of Emily Carr University and of the Canadian Art Museum Directors Organization. She was a member of the Public Art Committee of the City of Winnipeg (2003 to 2007), and of the Mayor’s Task Force on Public Art to develop Winnipeg’s Public Art Policy (2002 to 2003). Former member of the Board of the University of Manitoba Press, she presently serves on the Eckhardt-Gramatté Foundation. She served as Board Chair of the Centre for Contemporary Canadian Art, and was a member of the Pierre Elliott Trudeau Foundation; the Manitoba Rhodes Scholarship and Loran Scholarship Selection committees; the board of Manitoba Artists in Healthcare and the Manitoba Chamber Orchestra.
Senator Bovey was a recipient of the 2015 Winnipeg Arts Council Investors Making a Difference Award, Senator Bovey’s honours include her appointment as Fellow of the UK’s Royal Society for the Arts, and as Fellow of the Canadian Museums Association; the Canada 125 Medal; the Queen’s Golden Jubilee Medal; Winnipeg’s 2002 Woman of Distinction for the Arts; the Canadian Museums Association Distinguished Service Award; the Royal Canadian Academy of Arts Medal; and the 2013 Association of Manitoba Museum’s inaugural Award of Merit.
Bovey’s consulting since 2005 has focused on governance, policy development and strategic and business planning for galleries, museums and multi-disciplinary arts organizations.
Chantal Petitclerc, Independent Senators Group
Province: Quebec (Grandville)
Biography
The Honourable Chantal Petitclerc is not only an internationally renowned athlete, but also a compassionate person. When she was 13 years old, she lost the use of her legs in an accident. While Petitclerc was developing her skills as a wheelchair athlete, she pursued her studies, first in social sciences at the CEGEP de Sainte-Foy and then in history at the University of Alberta in Edmonton. She overcame adversity and many obstacles to become a proven leader in the sports world. Her gold medals in the Paralympic Games, Olympic Games and Commonwealth Games, the various awards and accolades she has received, and her appointment as Team Canada’s Chef de Mission for the Rio Paralympic Games are all markers of her success.
Her many achievements and her personal journey have also made her an in-demand public speaker, recognized across Canada. She has been the spokesperson for Défi sportif AlterGo for 17 years, and is an ambassador for the international organization Right to Play. A tireless advocate for the contributions people with disabilities have made to our society, she plays a definitive role in building a more inclusive society. Her example inspires people to overcome their obstacles and achieve their full potential.
Through her experiences, Senator Petitclerc has also learned a lot about the particular characteristics of various communities, as well as how decisions are made at the national level. As someone who has functional limitations herself, she has a good understanding of the needs of various minority communities and would like to ensure their voices are heard. The Senator is a Companion of the Order of Canada and a Knight of the Order of Quebec. She received the Lou Marsh Trophy for Canadian Athlete of the Year and was inducted into the Canadian Paralympic Hall of Fame. She has also received 4 honorary doctorates. In addition, Senator Petitclerc sits on various committees and boards of directors, where she provides her dynamic and unique perspective.
Rosemary Moodie, Independent Senators Group
Province: Ontario (Ontario)
Biography
Appointed to the Senate in December 2018 by Prime Minister Justin Trudeau, Senator Moodie is a Jamaican-born paediatrician and neonatologist. After graduating from the University of the West Indies, she completed postgraduate training in Paediatric and Neonatal/Perinatal Medicine at Hospital for Sick Children in Toronto.
She is senior neonatologist, clinical teacher and associate professor in the Department of Paediatrics at the University of Toronto. She is Fellow of Royal College of Physicians of Canada and Fellow of American Academy of Pediatrics. Her research has focused on the social determinants of breastfeeding practice and she has written extensively on regional health services and physician human resource planning.
Senator Moodie is a well-recognized national and international medical leader. She has supported organizations and stakeholders in policy development and advocacy to improve health equity and expand quality health care access to the most vulnerable, underserved and marginalized population. Her work included Corporate Chief of Paediatrics and Medical Director of the Regional Maternal Child Program Rouge Valley Health System; Maternal, Child, Youth, and Gynaecology Lead for Central East Local Health Integration Ne2rk; and regional and provincial committees, such as the Child Health Ne2rk and Provincial Council of Children’s Health. Her expertise also includes health care planning locally and internationally.
Further, Senator Moodie is an Accreditation Canada hospital surveyor with extensive experience improving the quality of health care delivery across Canada and worldwide.
Senator Moodie has been a strong advocate for woman and girls. Her contributions to reducing social inequities and health disparities among children and communities have been significant. She is on the Board of Directors for the inaugural board of Providence Healthcare, St. Joseph’s Health Centre, and St. Michael’s Hospital (Unity Health Toronto) and the ScotiaBank Jamaica Foundation.
Wanda Thomas Bernard, Progressive Senate Group
Province: Nova Scotia (East Preston)
Biography
Dr. Wanda Thomas Bernard is a highly regarded social worker, educator, researcher, community activist and advocate of social change. She has worked in mental health at the provincial level, in rural community practice at the municipal level, and, since 1990, as a professor at the Dalhousie School of Social Work, where she also served as director for a decade.
In 2016, she was appointed Special Advisor on Diversity and Inclusiveness at Dalhousie University and she is the first African Nova Scotian to hold a tenure track position at Dalhousie University and to be promoted to full professor. Dr. Thomas Bernard has worked with provincial organizations to bring diversity to the political processes in Nova Scotia and teach community members about Canada’s legislative process and citizen engagement. She is a founding member of the Association of Black Social Workers (ABSW) which helps address the needs of marginalized citizens, especially those of African descent.
As a former member of the Nova Scotia Advisory Council on the Status of Women, and as its past Chair, was instrumental in the development of advice to ministers regarding frameworks for gender violence prevention and health equity. At the national level, she has served as a member of the National Coalition of Advisory Councils on the Status of Women. She has served as an expert witness in human rights cases and has presented at many local, national and international forums.
Dr. Thomas Bernard has received many honours for her work and community leadership, notably the Order of Nova Scotia and the Order of Canada.
Josée Verner, Canadian Senators Group
Province: Quebec (Montarville)
Biography
Josée Verner was first elected as a Member of Parliament in 2006 and re-elected in 2008. In February 2006, Ms. Verner was appointed Minister of International Cooperation and Minister for La Francophonie and Official Languages. In August 2007, she was named Minister of Canadian Heritage, Status of Women and Official Languages. In addition in May 2008, she was re-appointed Minister for La Francophonie.
In October 2008, she was named minister of Intergovernmental Affairs, President of the Privy Council for the Queen of Canada, Minister for La Francophonie as well as Minister responsible for the region of Quebec.
In June 2011, she was appointed to the Senate of Canada.
Ms. Verner has spent close to 20 years in communications and the public service.
11. Senate Standing Committee on Social Affairs, Science and Technology (SOCI)
List of Studies and interventions related to the Labour Program in 43rd Parliament
1. Bill C-30, Budget Implementation Act 2021, No.1
In May 2021, the Senate referred provisions of the Budget Implementation Act to SOCI. They included a number of specific provisions related to the Canada Labour Code:
Division 22 (Protect employees in the air transportation sector affected by contract retendering at airports): extends equal remuneration protection to employees covered by a collective agreement in the air transportation sector working at airports. It ensures that, when a service contract changes hands, affected employees are not paid less than employees of the previous contractor who provided the same or substantially similar services.
Division 23 (Minimum Wage): amended Part III of the Code to establish a freestanding federal minimum wage of $15 per hour and to ensure that should a provincial or territorial minimum wage be higher, that wage will prevail. The new minimum wage would come into force six months after Royal Assent. Bill C-30 received Royal Assent on June 29, 2021.
Division 24 (Leave related to the death or disappearance of a child): ensures that employees in the federally regulated private sector can take advantage of the improved Canadian Benefit for Parents of Young Victims of Crime without fear of losing their job. It extends eligibility for the leave to parents of children from under 18 years of age to under 25 years of age and increases the maximum duration of leave for parents of children who have disappeared from 52 to 104 weeks.
Division 36 (Canada Recovery Benefits): amended Part III (Labour Standards) of the Canada Labour Code in 2 key ways.
- First, it increased the maximum number of weeks of leave related to COVID-19 that an employee in the federally regulated private sector could take if he or she is unable to work due to caregiving responsibilities related to COVID-19. Following the enactment, the maximum number of weeks would was set at 42. The changes complemented a corresponding increase to the maximum number of weeks of benefits available under the Canada Recovery Caregiving Benefit, facilitating federally regulated private sector employees’ access to those additional weeks of benefits.
- Second, it changed the date of repeal of the leave related to COVID-19 to ensure that employees in the federally regulated private sector continue to have access to the leave in the event that the Canada Recovery Sickness Benefit and Canada Recovery Caregiving Benefit continue to be available after September 25, 2021.
2. Bill C-220, An Act to amend the Canada Labour Code (bereavement leave)
- SOCI studied Bill C-220, sponsored by CPC MP Matt Jeneroux, in early June 2021. It received Royal Assent in June 29, 2021
- The legislation extends the maximum length of bereavement leave from 5 days to 10 days. The entitlement to bereavement leave expanded to include any employee who is on compassionate care leave or leave related to critical illness at the time of the death of the family member they were caring for while on leave
- Amendments came into force 3 months following the day after the bill received Royal Assent
3. SOCI was authorized to meet in the first session of the 43rd Parliament to study the government’s response to the COVID-19 pandemic
The study generally focussed on issues related to the health and agriculture portfolios.
Senator Chantal Peticlerc, Independent Senators Group (ISG) - Quebec – Grandville
Study
N/A
Statements and quotes
- As the former Chair of the Committee, Senator Peticlerc asked a limited number of questions and none related to the Labour Program.
Senator Robert Black, Canadian Senators Group (CSG) - Ontario
Study
Bill C-30, BIA, Division 24 (Canada Labour Code. Death and Disappearance)
Statements and quotes
May 12, 2021
- With respect to Division 24 and the Canada Labour Code, what consultations, if any, did the Government of Canada hold with stakeholders about the Canadian Benefit for Parents of Young Victims of Crime?
- How was the age of 25 determined? Eligibility has been extended to parents of children who are 18 years of age or older but under 25 years of age. How was that “under 25 years of age” selected as the age for a parent to qualify? Why not 26 or 24?
Study
Bill C-30, BIA, Division 23, (Canada Labour Code. Minimum Wage)
Statements and quotes
May 14, 2021
- Is there a plan to ensure, encourage or assist the provinces and territories to adjust the minimum wage for provincially regulated sectors so that it mimics this minimum wage federally?
Study
Bill C-220, An Act to amend the Canada Labour Code (bereavement leave)
Statements and quotes
June 9, 2021
- I understand that you are hoping long-term reforms will be made to the Employment Insurance Act to complement your bill and thus ensure that Canadians who do not work in the federally regulated sectors will also be included at some point in the future. Can you explain what you are hoping the government will do in this regard and why it is important?
- Do you have any idea how much this legislation will cost the average Canadian taxpayer if it is implemented?
Senator Patricia Bovey, Progressive Senate Group (PSG) – Manitoba, (Deputy Chair)
Study
Bill C-30, BIA, Division 24, (Canada Labour Code. Death and Disappearance)
Statements and quotes
May 12, 2021
- My question is going to be about Division 24. It looks to me that the purpose of Division 24 was to align the labour law to equal the benefits that have been changed in 2018. I was intrigued by an article that I read in The Canadian Press yesterday, which quotes Heidi Illingworth, the Federal Ombudsman for Victims of Crime. She voices concern that the benefits are not being used to their full extent and that there is not an awareness of the benefits of these programs for parents of children who are victims of murders and who have gone missing. She also referred to the fact that, for a while, the cost of this program was, in fact, exceeding the monies paid out. I wonder if you can fill in both those aspects for me, please.
- If I may, if the purpose of this is to equalize the 2 parts of these terrible situations parents are facing, what are you proposing to do to make sure that parents are aware of this program? If they are not aware of the benefits, how on earth are they going to be aware of the leave they can get? Surely making sure that Canadians are aware of the program is critically important. Do you have mechanisms in place where you will be able to be in touch with those who are managing the benefit? As I understand it, this came into the budget so that the 2 pieces could be put together. I worry about defining chasms in society instead of building bridges. I am looking to you for the bridge.
Study
Bill C-30, BIA, Division 23, (Canada Labour Code. Minimum Wage)
Statements and quotes
May 14, 2021
- Was there consultation with other sectors and other governments? If so, what was the consultation process with employees and with people impacted by this? I would be really interested to know. You mentioned that 26,200 federally regulated private sector employees would be impacted by this. Can you give us a sense of the jobs that would be included? How was the $15 rate determined? Is there data behind this decision that is publicly available?
Study
Bill C-220, An Act to amend the Canada Labour Code (bereavement leave)
Statements and quotes
June 9, 2021
- Can you please clarify for us that these 5 days do not all have to be taken right away? As one who has gone through losing 2 husbands, I can tell you that sometimes the need for grieving time comes a little bit later. I think I am right in saying it can be taken any time in a period of time. I would like that clarified, please.
Senator Donna Dasko, Independent Senators Group (ISG) – Ontario
Study
Division 22, Canada Labour Code (Protect employees in the air transportation sector affected by contract retendering at airports)
Statements and quotes
May 12, 2021
- I have some questions about the change in the code. We have, let’s say, Air Canada as a hypothetical example, and they are hiring a food-service company, Company A. They decide to put it out to tender, and they then hire Company B instead of Company A. So what happens with the workers at Company A is they all lose their jobs, and the workers at Company B get the jobs. The code changes will only affect the workers who are somehow able to transition from Company A to Company B, and I wonder how many people that would be. Those people are not protected by the bill, only those who happen to be rehired by another company. My experience with contracting out when I worked in the private sector was just the situation that I described: all kinds of people lose their job from one company, and those jobs are given to people in another company.
Study
Division 36, Canada Recovery Sickness Benefit
Statements and quotes
May 13, 2021
- Point of clarification on the changes to the Canada Labour Code with respect to medical leave. Who is covered by that leave program? Are they workers under EI or not? Are they just in the federally regulated industries or elsewhere? How does this intersect, if at all, with the debate that has been going on at the provincial level with respect to sick days and the provinces either implementing sick days or not?
Study
Division 23 (Minimum Wage)
Statements and quotes
May 14, 2021
- First of all, just looking at the approximately 26,000 workers who will be affected, you mentioned some of the occupations. Can you tell us something about the demographics of the workers who might be affected in terms of gender, age, race, background, region or any others? Do you have any information on who these folks are outside of their particular occupations?
Study
Bill C-220, An Act to amend the Canada Labour Code (bereavement leave)
Statements and quotes
June 9, 2021
- I wanted to understand why those who are receiving compassionate care leave can also access this. Why did you do that? Why didn’t you just say, “Okay, we’re going to increase the number of days from 5 to 10 for everyone?” What is the compassionate care addition, what does that add on to your bill, and why is it structured that way? Why didn’t you say, “let’s just add 5 days, off we go?”
Senator Stan Kutcher, Independent Senators Group (ISG) - Nova Scotia
Study
Study on the government’s response to the COVID-19 pandemic
Statements and quotes
June 10, 2020
- In 2018, the Ontario Personal Support Workers Association published a study of 13,000 workers in long-term care facilities, and 79% of them said they were professionally unhappy. I have never seen those kinds of numbers in professional surveys. The top 3 things they said were short-staffed, inadequate pay and an unsafe work environment. 3 other studies done around that same time from the Canadian Federation of Nurses Unions, the Ontario Home Care Association and Manitoba Nurses Union all found the same thing. What the heck is going on?
- (Answer from Dr. Roger Wong, Department of Medicine, University of British Columbia: I will try to clear up a very complex issue. That said, it does resonate with what I am recommending in my opening statement, about the need of taking a national, holistic and systemic approach. When you’re talking about work satisfaction, workplace safety, the well-being of our staff and workers — whether it is personal support workers, nurses, doctors or any other in the long-term care sector — we must remember there are drivers such as compensation equity issues or lack thereof, sick leave policies and a whole host of what are considered non-traditional medical reasons contributing to that. That is why I think some of the findings that you have shared, senator, are already available to us in terms of knowing what is going on.
Study
Bill C-30, BIA, Division 24 (Canada Labour Code. Death and Disappearance)
Statements and quotes
May 12, 2021
- I have 1 question with 3 parts. One, how do parents learn about this benefit? 2, what is the process that they go through to access it? 3, have there been any concerns raised that the existing application process may be overly burdensome, and if so, what has been done to mitigate that? How do parents learn about the program? How do they access it, or what is the process they go through to access it? Third, have there been any concerns raised that the accessing of the program is overly burdensome, and if so, how have those concerned been mitigated? My understanding of this is that there is no way that someone who is in such an emotional state would actually probably even know about the benefit, unless there was a potential reach out. Maybe we can come back to this at committee.
Senator Marie-Françoise Mégie, Independent Senators Group (ISG) - Quebec (Rougemont)
Study
Bill C-30, BIA, Division 24 (Canada Labour Code. Death and Disappearance)
Statements and quotes
May 12, 2021
- On the website dedicated to the Canadian Benefit for Parents of Young Victims of Crime, I found 1 of the eligibility criteria for the incident, and I quote: In the case of a deceased child, where the child is 14 years of age and older, the child must not have been a willing party to the crime that led to their death. There are incidents that are sometimes reported on television. For example, during a fight, 2 young people hit each other and, unfortunately, one of them gets a fatal blow and dies. Is this part of the admissible crimes or not?
Study
Division 23 (Minimum Wage)
Statements and quotes
May 14, 2021
- In the course of their work, the expert panel recommended raising minimum wage to $15 an hour. Do you know if they studied the system used by other countries, which have a system similar to Canada’s? Do you know what the impacts of that increase are?
Study
Bill C-220, An Act to amend the Canada Labour Code (bereavement leave)
Statements and quotes
June 9, 2021
- I see that a number of people will not be able to take advantage of this measure. If we consider people in precarious employment who have no protection under the labour standards, how will this legislation be able to help them?
Senator Lucie Moncion, Independent Senators Group (ISG) – Ontario
Study
Bill C-30, BIA, Division 24 (Canada Labour Code. Death and Disappearance)
Statements and quotes
May 12, 2021
- Could you explain to me the relationship between the Canada Labour Code and the Criminal Code? Is there a connection between these 2 measures and why is this measure introduced today? There is really an issue of harmonization between crime and accessibility, and the Canada Labour Code is being amended to further address the more disturbing aspects of these situations in a family context, as well as in the context of young victims and the crime that is committed.
Study
N/A
Senator Senator Rosemary Moodie, Independent Senators Group (ISG) – Ontario
Study
Bill C-30, BIA, Division 24 (Canada Labour Code. Death and Disappearance)
Statements and quotes
May 12, 2021
- I am going to focus my question on Division 24. With the changes that have been made with this amendment, how many more parents do you think will now be accessing this benefit, in view of the changes both in definition around age and the other changes that are in place? The second part of that question would be this: Why 104 weeks? What is the evidence to support 104 weeks being the appropriate time needed for parents to recover adequately?
Study
Division 23 (Minimum Wage)
Statements and quotes
May 14, 2021
- The Expert Panel on Modern Federal Labour Standards 2019 report made a recommendation — or proposed — that the federal minimum wage should be linked to 60% of the provincial median of wages or to 60% of all Canadians’ median wages. When you look at the number of $15 for a proposed minimum wage, it falls short of what that median might be. Why was this number chosen?
Study
Bill C-220, An Act to amend the Canada Labour Code (bereavement leave)
Statements and quotes
June 9, 2021
- My question is around who qualifies for this bereavement leave and, as a neonatologist-newborn intensive care specialist, it will be no surprise that it focuses on the extremes of newborns, the extreme of the spectrum of life. Would an extremely preterm infant — a 22-weeker — who as born alive and who dies, qualify? If a parent or parents lose twins at separate times in the newborn period, would that qualify twice, cumulatively? Finally, does a miscarriage qualify as a loss? It has recently been recognized in New Zealand, as you probably know, and there is full entitlement for bereavement leave.
Senator Ratna Omidvar, Independent Senators Group (ISG) – Ontario (Chair)
Study
Bill C-30, BIA, Division 24 (Canada Labour Code. Death and Disappearance)
Statements and quotes
May 12, 2021
- In 2017, the former Ombudsman of Victims of Crime, Sue O’Sullivan, launched a review of the Federal Income Support for Parents of Murdered or Missing Children. Her report stated that the application process was onerous and difficult for victims to understand. Add to this the trauma that they are going through. Add to this the possibility — and it is a possibility — that they do not work for an employer who has an HR department but work for a small business employer. Add to this the possibility that they may be self-employed or not working at all. Horrendous things happen to people, unfortunately, in all kinds of situations.
- It seems to me that this program is pitched to an individual in a certain context. I know that, gratefully, you have said to us a few times that the population is very small. I think I heard you say you do not collect any data on this small population, but I wonder whether there is a policy imperative, in fact, to collect the data if the mandate was given to you. Would you agree?
Study
Division 23 (Minimum Wage
Statements and quotes
May 14, 2021
- You disclosed the data on the employees by region, age and gender, and some other particularities as well. Do you collect data by race? Of these 26,200 employees, I would like to know how many are racial minorities, how many are Black and whether you have figures on Indigenous participation, because we are all concerned, as you must also be concerned, about racial inequity in our society.
12. SOCI/LCJC summaries
Senate Standing Committee on Social Affairs, Science and Technology (SOCI)
Date: December 8, 2021
Time: 6:30 p.m. to 8:30 p.m.
Topic of Meeting
The subject matter of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code
Members in attendance
- ISG:
- Ratna Omidvar (Chair)
- Donna Dasko
- Stan Kutcher
- Frances Lankin
- Rosemary Moodie
- Chantal Petitclerc
- PSG:
- Patricia Bovey (Deputy Chair)
- Wanda Thomas Bernard
- C:
- Denis Patterson
- Rose-May Poirier
- CSG:
- Diane Griffin
- Josée Verner
- Michael Villeneuve, Chief Executive Officer
- Aden Hamza, Policy Lead
- Dr. Monika Dutt, Member
- Kaitlin Doucette, Co-Founder
- Rebecca Gordon, Organizer
- Bea Bruske, President
- Gil McGowan, President
- Jasmin Guénette, Vice-President, National Affairs
Witnesses
Panel 1 (6:30 p.m. - 7:30 p.m.)
Canadian Nurses Association
Decent Work and Health Network
Canadian Restaurant Workers Coalition
Panel 2 (7:30 p.m. - 8:30 p.m.)
Canadian Labour Congress
Alberta Federation of Labour
Canadian Federation of Independent Business
Summary
SOCI met to conduct a pre-study on the subject matter of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code. The majority of witnesses support the Bill, with some advocating for amendments to the bill (sick days be made available immediately, elimination of the doctor’s note). The CFIB opposes the Bill, citing it as too costly to SMEs. Senators were largely interested in the amendments proposed by witnesses.
Panel 1 – opening remarks: Mr. Villeneuve (Canadian Nurses Association) applauded the Government for the Bill, as the 10 days paid leave sets the right example to the rest of the country, and spoke at length on the importance of the Criminal Code changes. Dr. Dutt (Decent Work and Health Ne2rk) supports paid sick days, recommending that the 10 days paid sick leave be made available after 2 weeks of employment (no accrual) and removing the requirement for a doctor’s note (barrier and burden). Ms. Gordon (Canadian Restaurant Workers Coalition) discussed restaurant workforce working while ill, causing illness in the entire workforce, advocated for 10 days of paid medical leave for her sector. She noted that a doctor’s note is barrier (public transit, scarcity of doctors in some regions, cost of note); that worker rights be widely communicated, and that all 10 days be made available after a month of employment.
Panel 2 - opening remarks: Ms. Bruske (Canadian Labour Congress) noted the importance of paid sick leave, in particular during the Covid pandemic; she discussed the importance of the Canada Recovery Sickness Benefit, but explained it’s limitations. She presented the findings of a Centre of Future Work study on sick leave in British Columbia. She noted that sick leave may be an incentive for labour retention. Mr. McGowan (Alberta Federation of Labour) discussed that accessing sick leave is a privilege; those who don’t have sick leave are the ones who need it most (those in contact with the public, those in the gig economy). Mr. Guénette (Canadian Federation of Independent Business) discussed the health of small and medium-sized enterprises, and voiced concern about the Bill’s impact on them. SMEs provide leave equal to or better than provincial standards. Noted that the Government should support the businesses to cover the additional costs of C-3, such as cutting the increases to CPP, as many businesses are still struggling.
Overview of Q and A
Panel 1
PSG – Senator Bovey asked if Dr. Dutt were consulted on the accrual concept and sick note (A: wrote a letter to Minister of Labour and discussed the meeting with his office; burden of leaving home while sick, of child care, on the medical system); asked about accrual (A: employers believe that employees abuse sick days.
C – Senator Patterson asked Dr. Dutt to comment on recommended time frames for immediate access to sick leave (A: consistent with other federal leave policies – these are not a “perk”); asked Mr. Villeneuve if his association was consulted (A: were consulted informally, signalled their support for health worker protections); asked Ms. Gordon about restaurant workers not falling under the federally regulated sector (A: the federal government needs to lead and provinces will follow the example)
CSG – Senator Verner asked about medical certificates and difficulty in obtaining them, the possibility of virtual consultations (A: Dr. Dutt advised that the virtual option does not make sense because doctors can’t always provide care remotely); supported what Ms. Gordon said about encouraging good communication about the leave once it’s available.
ISG – Senator Petitclerc asked Mr. Villeneuve about protecting health workers (A: we would support any measure to protect health workers, but no opinion has been formed on what is being proposed in British Columbia); and about online bullying (A : intention of the bill is to protect workers from intimidation, threats and harassment); asked Dr. Dutt about barriers to obtaining medical certificates for certain groups (A: yes, a number of various face great challenges such as single parents, people with disabilities, racialized peoples).
ISG – Senator Kutcher discussed equality of access for medical certificates with Dr. Dutt and who is disproportionately affected (A: people need time to rest in order to recover – those who lack access to health care practitioner, transportation – a doctor’s note is not physician’s care); asked about physician’s opinions (A: 90% believe that care is not required, simply rest); to Mr. Villeneuve, asked if the Criminal Code measures go far enough (A: no significant amendments were suggested); asked Ms. Gordon about the sick note (A: not requiring a note creates trust, coming in sick impacts productivity).
PSG – Senator Bernard asked Dr. Dutt to elaborate on accrual model disadvantages women and racialized Canadians more (A: noted that women take more days, those in shorter term positions are people who are racialized); asked Ms. Gordon about the accountability to explain rights and rights to sick days (A: PSA and need to reach younger workers, needs to be in plain language).
CSG – Senator Griffin asked if the bill with impact groups represented on the panel (A: Mr. Villeneuve noted the power of the federal government to send a powerful message); asked if they were consulted (A: Ms. Gordon: we were not consulted but spoke to MPs; Mr Villeneuve noted that they were informed; Dr. Dutt provided input over the years, but contributed thoughts after the introduction).
ISG – Senator Moodie asked about those targeted with harassment to Mr. Villeneuve (A: Ms. Hamza responded that violence in the workplace is a problem), have we captured the right behaviours (A: we need more information, but pleased with the legislation).
ISG – Senator Dasko asked how the government came up with the 10 days and if provinces have matched it (A: Mr. Villeneuve stated that this aligned with the current pandemic to isolate; Dr. Dutt concurred and also noted that 10 days is becoming a standard internationally, and access preventative health care services).
C – Senator Poirier asked Dr. Dutt to elaborate on the international standard and data on use (A: the typical model is that access of sick days is more immediate, that employees do not use their maximum amount of days allowed).
ISG – Senator Lankin asked Dr. Dutt about women taking a higher number of sick days (A: referred to Stat Can data, that women use sick leave to care for sick children); asked Mr. Villeneuve about the Charter statement (A: the bill is very specific about behaviours).
Panel 2
PSG – Senator Bovey asked Ms. Bruske to discuss who would be covered by C-3 (A: each collective agreement is unique, sick pay does not cover part-time or casual employees); asked if they were consulted in the drafting (A: Ms. Bruske was not consulted but had previously advocated for sick leave; Mr. McGowan had been lobbying for such leave but not formally consulted, noted deficiencies of the current bill (accrual model and doctor’s note); Mr Guénette was not consulted, consultation should take place before bill is introduced).
C – Senator Patterson asked Mr. Guénette about PBO’s costing note finding an increase in revenue to the government (A: had not seen report, when members are surveyed on impact of 10 days paid sick leave they state that the cost is too high, noting the challenges of running small businesses in 2021; Mr. McGowan responded about the benefits which offset the costs).
CSG – Senator Verner asked Mr. Guénette whether given the challenges SMEs are facing and the labour shortage, couldn’t this leave be part of their offer (A: A very large number of SMEs already provide a number of benefits); federally regulated businesses would therefore become fierce competitors (no answer given).
ISG – Senator Dasko asked Mr. Guénette how the Bill actually impacts SMEs (A : most members are provincially regulated, but a few are in the federal sector; for those who are federally regulated, it would be a great burden).
ISG – Senator Lankin asked Mr. Guénette to elaborate on how the Bill is too burdensome yet how his members already offer benefits, asked about the labour shortage and the competitiveness of other employers (A: benefits were from survey information; asked Senators to put themselves in a business owners shoes, facing rising costs, supply chain problems, increased labour costs and labour shortages).
ISG – Senator Kutcher asked the CLC and AFL to discuss productivity and how sick leave decreases influenza rates at the population level (A: Ms. Bruske noted that this legislation would mainly impact enterprises that are 100 or more employees, not SMEs); asked Mr. Guénette to share economic data on the cost differential of sick days vs the cost of decreased productivity, injuries due to illness, spreading an illness to co-workers and customers (A: data is not available but asked that the issue be looked at from all angles); asked if PSWs in LTC facilities would have made a difference in the pandemic (A: Ms. Bruske noted that it would have made a difference).
ISG – Senator Petitclerc asked Ms. Bruske about how the 10 days of leave would be accumulated (A: ideally those 10 days are available immediately).
PSG – Senator Bernard asked Mr. Guénette about the costs and policy directions to offset those costs (A: not increase taxes, not go ahead with CPP contributions increase, lower EI employer contributions, lower compliance fees).
Senate Standing Committee on Legal and Constitutional Affairs (LCJC)
Date: December 10, 2021
Time: 1:00 p.m. to 2:00pm
Topic of meeting
The subject matter of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code
Members in attendance
ISG:
- Mobina Jaffer (Chair)
- Hasan Yussuff (sponsor)
- Bernadette Clement
- Kim Pate
- Paula Simons, Renee Dupuis
- Brent Cotter
PSG:
- Pierre Dalphond
CPC:
- Pierre-Hugues Boisvenu (Vice-Chair)
CSG:
- Vernon White, Larry Campbell
Appearing
The Honourable David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada
Witnesses
Department of Justice Canada
- Laurie Wright, Senior Assistant Deputy Minister
- Joanne Klineberg, A/General Counsel, Criminal Law Policy Section
Summary
LCJC met to undertake their pre-study on the subject matter of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code. The Minister of Justice provided opening remarks, which gave an overview of Justice-related clauses (1-5) of the Bill. The majority of the questions from Senators related to: Charter considerations and the drafting of the Bill; the application of the offences especially when it comes to proving and defending the mental elements of the offence; the necessity of the Bill, given existing offences; enforcement by the provinces and coordination with provincial approaches and safe zone laws.
Senator White (CPC) flagged that he might bring forward an amendment at Third Reading (he discussed the option of imposing an MMP during the Q and A).
The meeting ended with the Committee going in-camera to discuss its draft report. No Labour-related questions were raised.
Questions from ISG Senators related to the communicative defence and how Charter rights will be protected and if all of health care facility workers, not just health professionals, would be protected under these new offences. Questions also related to racialized Canadians and distrust in the health care system.
Questions were raised by Senators Dalphond, Simons and White as to why the Minister chose to create new offences rather than use existing intimidation and mischief offences and the application of the offences, that is application to schools and disruption to workplace that may not meet the threshold of obstructing access or intimidation, physical intimidation vs. emotional intimidation and if pop-up clinics or private residence could be captured. Senator White in particular asked about how the offence would be applied to act as a deterrent and suggested adding an MMP.
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