HUMA Committee Meeting

Meeting No. 16

Wednesday, March 21, 2001

The Standing Committee on Human Resources Development and the Status of Persons with Disabilities met at 5:56 p.m. this day, in Room 209, West Block, the Chair, Peter Adams, presiding.

Member(s) of the Committee present: Peter Adams, Jeannot Castonguay, Paul Crête, Georges Farrah, Raymonde Folco, Jim Gouk, Monique Guay, Judi Longfield, Joe McGuire, Val Meredith, Carol Skelton, Diane St-Jacques, Greg Thompson, Alan Tonks.

Acting Member(s) present: Yvon Godin for Libby Davies, Rodger Cuzner for Tony Ianno, Joe Jordan for Anita Neville and Lynne Yelich for Dale Johnston.

In attendance: From the Committees and Legislative Services: Susan Baldwin, Legislative Clerk, Jean-François Pagé, Legislative Clerk. From the Library of Parliament: Julie MacKenzie, Kevin Kerr and Bill Young.

Witness(es): From the Department of Human Resources Development Canada: Wilma Vreeswijk, Acting Director General, Labour Market Policy; Sonia L'Heureux, Director, Employment Insurance Policy, Employment Insurance Analysis; Gordon W. McFee, Director, Policy and Legislative Development; Luc Leduc, Counsel, Legal Services. From the Department of Finance: Réal Bouchard, Director, Social Policy, Finance Canada.

Pursuant to its Order of Reference of Tuesday, February 13, 2001, the Committee resumed consideration of Bill C-2, An Act to amend the Employment Insurance Act and the Employment Insurance (Fishing) Regulations (See Minutes of Proceedings, Wednesday, February 21, 2001, Meeting No. 2).

The Committee met in camera to discuss its future business.

By unanimous consent the 48 hours notice was recinde and it was agreed, -- That the Standing Committee on Human Resources Development and the Status of Persons with Disabilities report to the House of Commons other recommendations related to the Employment Insurance Act and that this report be tabled to the House no later than June 1, 2001.

At 6:19 p.m., the sitting was suspended.

At 6:24 p.m., the Committee resumed sitting in public.

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Clause 1 carried on division.

Clause 2 carried on division.

Clause 3 carried on division.

On Clause 4,

Yvon Godin moved, -- That Bill C-2, in Clause 4, be amended by replacing lines 23 to 26 on page 3 with the following:

''52 weeks in the period of 260 weeks before their qualifying period or in other circumstances, as prescribed by regulation, arising in that period of 52 weeks.''

After debate, the question being put on the amendment, it was negatived.

Clause 4 carried on division.

Yvon Godin proposed to move the following amendments:

- That Bill C-2, be amended by adding after line 30 on page 3 the following new clause:

 '' 4.1 The Act is amended by adding the following after section 13:
13.1 The waiting period referred to in section 13 does not apply to a claimant who is registered in a prescribed course or program of instruction or training.''

- That Bill C-2 be amended by adding after line 30 on page 3 the following new clause:

"4.1 Subsection 14(2) of the Act and the table to that subsection are repealed."

- That Bill C-2 be amended by adding after line 30 on page 3 the following new clause:

"4.1 Subsection 14(4) of the Act is replaced by the following:
(4) The rate calculation period is the period of not more than 52 consecutive weeks in the claimant's qualifying period ending with the later of
(a) the week
(i) before the claimant's benefit period begins, if it begins on the Sunday of the week in which the claimant's last interruption of earnings occurs, or
(ii) in which the claimant's last interruption of earnings occurs, if their benefit period begins on the Sunday of a week that is after the week in which the claimant's last interruption of earnings occurs, and
(b) the week before the claimant's benefit period begins, if the claimant has an insurable employment at the beginning of that period.
A prescribed week relating to employment in the labour force shall not be taken into account when determining what weeks are within the rate calculation period."

- That Bill C-2 be amended by adding after line 30 on page 3 the following new clause:

"4.2 Subsection 12(5) of the Act is replaced by the following:
(5) In a claimant's benefit period, the claimant may combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsection (3)."

After debate the Chair ruled.

RULING OF THE CHAIR

The four amendments are inadmissible as each amends a section of the Parent Act…[which is not] specifically amended by a clause of the bill.

(page 654, House of Commons, Procedure and Practice)

 Clause 5 carried on division.

On Clause 6,

Yvon Godin proposed to move, -- That Bill C-2, in Clause 6, be amended by replacing line 35 on page 3 with the following:

''66% of the maximum yearly insurable earn-''

After debate the Chair ruled.

RULING OF THE CHAIR

The amendment is inadmissible as it "extends the objects or purposes or relaxes the conditions and qualifications as expressed in the Royal Recommendation"

(page 655, House of Commons, Procedure and Practice)

Clause 6 carried on division.

Georges Farrah proposed to move, -- That Bill C-2 be amended by adding after line 36 on page 3 the following:

6.1 Subsections 19(2) and (3) of the Act are replaced by the following:

Earnings in periods of unemployment

(2) Subject to subsection (4), if the claimant has earnings during any other week of unemployment, there shall be deducted from benefits payable in that week the amount, if any, of the earnings that exceeds

(a) $50, if the claimant's rate of weekly benefits is less than $200; or

(b) 25% of the claimant's rate of weekly benefits, if that rate is $200 or more.

6.2 Subsection 21(3) of the Act is replaced by the following:

Deduction

(3) If earnings are received by a claimant for a period in a week of unemployment during which the claimant is incapable of work because of illness, injury or quarantine, subsection 19(2) does not apply and all those earnings shall be deducted from the benefits payable for that week.

6.3 Subsection 22(5) of the Act is replaced by the following:

Earnings deducted

(5) If benefits are payable under this section to a major attachment claimant who receives earnings for a period that falls in a week in the period described in subsection (2), the provisions of subsection 19(2) do not apply and all those earnings shall be deducted from the benefits paid for that week.

After debate the Chair ruled:

RULING OF THE CHAIR

This amendment is inadmissible as it "extends the objects or purposes or relaxes the conditions and qualifications as expressed in the Royal Recommendation".

(page 655, House of Commons, Procedure and Practice)

Since the following amendments are consequential to this amendment, they are also inadmissible:

- That Bill C-2, in Clause 8, be amended by replacing line 6 on page 4 with the following:

8. (1) Paragraph 38(1)(c) of the Act is repealed.

(2) Paragraph 38(2)(b) of the Act is repealed.

(3) Subsection 38(3) of the Act is replaced

- That Bill C-2 be amended by adding after line 13 on page 4 the following:

8.1 Paragraph 54(d.1) of the Act is repealed.

- That Bill C-2 be amended by adding after line 28 on page 4 the following:

10.1 (1) Paragraph 135(1)(b.1) of the Act is repealed.

(2) Paragraph 135(3)(a) of the Act is replaced by the following:

(a) a fine of not less than $200 and not more than $5,000 plus an amount of not more than double the amount of any benefits that may have been paid as a result of committing the offence; or,

- That Bill C-2 be amended by adding after line 19 on page 5 the following:

11.1 Subsection 159(1.1) of the Act is repealed.

11.2 Subsection 190(3.2) of the Act is repealed.

- That Bill C-2 be amended by adding after line 30 on page 5 the following:

12.1 The Employment Insurance Act, as amended by sections 6.1, 6.2 and 6.3, subsections 8(1) and (2) and sections 8.1, 10.1, 11.1 and 11.2 of this Act, and the Employment Insurance (Fishing) Regulations, as amended by section 13.1 of this Act, apply in respect of

(a) every week beginning on or after the day on which this section comes into force; and

(b) every week included in a period, as determined under regulations made under paragraph 54(d.1) of the Employment Insurance Act as it read immediately before the coming into force of this section, where that period begins before the day on which this section comes into force and ends after that day.

- That Bill C-2 be amended by adding after line 20 on page 6 the following:

13.1 Subsection 10(4) of the Regulations is repealed.

Clause 7 carried on division.

Clause 8 carried on division.

Clause 9 carried on division.

Clause 10 carried on division.

On Clause 11,

Val Meredith proposed to move, -- That Bill C-2, in Clause 11, be amended by replacing line 38 on page 4 with the following:

"less than twenty-one weeks in the ten years before the"

The Chair ruled:

RULING OF THE CHAIR

The amendment is inadmissible as it "extends the objects or purposes or relaxes the conditions and qualifications as expressed in the Royal Recommendation"

(page 655, House of Commons, Procedure and Practice)

Clause 11 carried on division.

On Clause 12,

Jeannot Castonguay moved, -- That Bill C-2, in Clause 12, be amended

(a) by replacing line 20 on page 5 with the following:

12. (1) The repeal of section 15 of the

(b) by adding after line 30 on page 5 the following:

(2) If a claim by a claimant referred to in subsection (1) for any week of benefits is reconsidered under section 52 of the Employment Insurance Act and the Commission decides that the claimant has received money by way of benefits for which the claimant was not qualified, or to which the claimant was not entitled, as a result of the repeal of section 15 of the Employment Insurance Act, as enacted by section 5 of this Act, the Commission shall not calculate the amount of that money and the claimant is not liable to repay that amount under section 43 of the Employment Insurance Act.

(3) Subsection (2) does not apply if, in respect of any week of benefits referred to in that subsection,

(a) one or more penalties are imposed on the claimant under section 38, 41.1 or 65.1 of the Employment Insurance Act, as a result of acts or omissions mentioned in section 38 or 65.1 of that Act;

(b) the claimant is found guilty of one or more offences under section 135 or 136 of that Act as a result of acts or omissions mentioned in those sections; or

(c) the claimant is found guilty of one or more offences under the Criminal Code as a result of acts or omissions relating to the application of the Employment Insurance Act.

(4) A claimant referred to in subsection (2) shall not make any other claim for benefits, and is not entitled to receive any other payment of benefits, in respect of any week referred to in that subsection.

After debate, Paul Crête moved, -- That the amendment be further amended by deleting Sub-Section (3) and (4).

After debate, the question being put on the amendment to the amendment, it was negatived.

After debate, the question being put on the amendment, it was adopted.

Clause 12, as amended, carried on division.

Clause 13 carried on division.

Clause 14 carried on division.

Clause 15 carried on division.

The Title carried on division.

The Bill, as amended, carried.

ORDERED, -- That the Chair report Bill C-2 with amendments to the House as the First Report of the Committee.

At 7:05 p.m., the Committee adjourned to the call of the Chair.

Danielle Belisle

Clerk of the Committee