44th Parl. 1st Sess.
September 18, 2023 11:00AM
Mr. Speaker, I would first like to welcome everyone back. I can sense everyone's excitement. Let us hope that our parliamentary work will be very productive. I hope you had a good summer, Mr. Speaker. You are looking very well indeed.
In speaking to Bill C‑318, an act to amend the Employment Insurance Act and the Canada Labour Code regarding adoptive and intended parents, which would introduce an attachment benefit, I recognize that this is a sensitive issue.
I would like to start by saying that the Bloc Québécois supports the principle of Bill C‑318. The arrival of a child is a complex and challenging time for the whole family, all the more so when the child is adopted or conceived through surrogacy.
I will talk about that very briefly in my speech while emphasizing the need for attachment. Then I will talk about the need for employment insurance reform and, lastly, I will talk about how the governments of Canada and Quebec need to be on the same page.
First, I would like to remind the House that the bond created with the child is an important part of parenthood. Again, in the case of adoption or the arrival of a child from a surrogate, this process can be a delicate step since the link with the parents is not biological. We know that international adoptions are becoming less frequent and that children adopted by Canadian or Quebec families are often older than in the past, or have special needs. As a result, we can be sympathetic to the desire of these new parents to receive a special benefit to foster attachment.
We also know that the attachment process is complex and time-consuming, particularly for adopted children, and that it is part of an equation that also involves the so-called normal needs of a baby or toddler. That is why it is a good idea to create this new benefit.
The bill also provides for an extension when the child is hospitalized. The extension would be equivalent to the number of weeks the child receives care in a health care facility. We know that hospitalizing a child is an emotionally difficult ordeal. This extension therefore seems necessary, especially if we take into account the emotional factors that are added when adopting or welcoming a child from a surrogate.
We should also bear in mind that this legislation will require royal recommendation. Adding this new benefit to the existing EI program would involve approximately $88 million in spending between 2023 and 2028.
Second, there is also the government's lack of leadership on employment insurance in general. In 2021, the Liberals had campaigned on the promise to modernize employment insurance and had committed to expanding the program to cover self-employed workers and address the gaps highlighted by the COVID-19 pandemic. There is still nothing in the latest budget, however. The Liberals say they are committed to modernizing the system, but we can see that their communication is lacking; they do not walk the talk.
The only changes announced by this government in the budget are two small reforms. The first is to extend a temporary change to employment insurance introduced in 2018 that increases the number of weeks of coverage available to seasonal workers. The second is to strengthen the prohibitions for misclassification of federally regulated gig workers. That is a far cry from the major structural changes that we, my colleague from Thérèse-de-Blainville in particular, have been seeking for so long.
The Bloc Québécois is calling for greater leadership on this issue. The government must review the current formula, the structure of the program, its eligibility requirements, its funding and its administrative technology.
This bill proposes to amend the Employment Insurance Act to add a new type of special benefit, namely a 15-week attachment benefit for adoptive parents and and parents of children conceived through surrogacy. It also amends the Canada Labour Code to extend parental leave accordingly.
In Canada, the EI program provides 17 weeks of maternity leave for pregnant women, which can begin at any time during the period that starts in the week before the expected date of delivery and ends 17 weeks after the actual date of delivery. The Canadian program also provides parental leave of up to 63 weeks for natural and adoptive parents. Parents who both work for federally regulated employers can share the parental leave, which entitles them to eight additional weeks of leave.
Parents who share parental leave are entitled to 71 weeks of leave. They can take the leave at any time during the 78-week period that starts on the day of the child's birth or on the day the child is entrusted to them. There is no provision in the Code for paid parental leave. Longer parental leave under an employer's policy, a collective agreement or an employment contract may also apply.
Third, let us compare this with what is currently being done in Quebec. In the case of a birth, parental leave can begin the week of the child's birth. It is in addition to the 18-week maternity leave or five-week paternity leave. In the case of an adoption, each adoptive parent is also entitled to 65 weeks of parental leave. The leave may begin no earlier than the week when the child is entrusted to his or her adoptive parents or when the parents leave their work to travel outside Quebec to receive their child. Leave ends a maximum of 78 weeks afterwards. In a same-sex couple, both parents are entitled to parental leave if the child's relationship to his or her mothers or fathers has been established in the birth certificate or adoption judgment. At the parent's request, parental leave is suspended, divided or extended if the parent's or child's health requires it. In other situations, at the parent's request and if the employer agrees to it, leave may be divided into weeks.
Up until December 2020, Quebec's parental insurance plan, the QPIP, did not offer the same benefits to all workers. Adoptive parents had 18 weeks less to spend with their children. It was ultimately at the end of a battle by the Fédération des parents adoptants du Québec, or FPAQ, that the tide turned. Passed on October 27, 2020 and assented to on October 29, Bill 51 gave equitable treatment to adoptive parents as of December 1, 2020 through the creation of reception and support benefits, as well as adoption benefits for the second parent. In total, adoptive parents are entitled to the same durations and income replacement levels as biological parents. For the time being, both the Canadian and Quebec plans do not provide any attachment benefits such as those proposed in this bill.
The Parliamentary Budget Officer has studied the spending that Bill C‑318 would entail. The current proposal is that beneficiaries would receive a benefit equal to 55% of their average weekly insurable earnings for 15 weeks, up to an amount determined using the maximum annual insurable earnings received in the affected year. The maximum weekly benefit for 2023 is $650. For each child, those 15 weeks of benefits could be divided between the two parents. The cost of the program would be approximately $88 million over five years, from 2023 to 2028. However, it is important to keep in mind that the forecasts for the number of adoptions and births of children conceived through surrogacy are not robust and create some uncertainty as to the final real costs of implementing this new benefit.
To conclude, allow me to steer the discussion back to attachment theory, which is generally credited to John Bowlby. Bowlby drew attention to the fact that children turn to adults for protection from the time they are born. Stability, consistency and adequate basic care are key components of attachment theory. Depending on the child's disposition and the adult's approach to meeting the child's needs, the child-adult relationship develops into a mutual partnership.
A comforting, healthy attachment provides children with an important starting point for exploring the world, secure in the knowledge that safety is never far away. Attachment plays a critical role in teaching children to organize their feelings and behaviours, confident that they can rely on the person who cares for and comforts them. Forming attachments is also vital to a child's long-term psychological health. Attachments teach children to trust others, which makes it easier for them to form healthy relationships later in life. Most attachments, however, depend on two basic factors: proximity and time. The long-awaited arrival of a new child is an emotional time for parents, and this new benefit could help them adjust to their new parental role and give it their full attention.
As we know, EI is part of our social safety net. It is a proven fact that the pandemic has exacerbated the current problems with the EI system. We are asking for these changes to be made simply out of compassion and because EI is the tool we gave ourselves. It is our safety net to help people through hard times. We are asking for these specific benefits, but, as I heard a lot over the summer, especially from women's groups, and as we are resuming our work here in the House, I can tell members that a comprehensive reform of the whole EI system is badly needed to help people get through these challenging times.
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Mr. Speaker, it is an honour to rise today to speak to this legislation, which is extremely well intentioned and certainly is in line with where our government wants to go with respect to employment insurance.
We understand that EI parental benefits need to be fair for all workers. That is why we are committed to adopting legislation that would provide adoptive parents with an additional 15 weeks of leave to ensure that they receive the same level of support to care for their children as other parents do.
When we look at the various different measures we have brought in, whether they are the Canada child benefit, affordable child care or incentivizing shared leave, our government has delivered in many regards with respect to providing for Canadian parents. We will continue to do that at every opportunity.
I do note that there are some flaws with the legislation, in particular, perhaps not a flaw but a major hurdle, the issue with respect to royal recommendation. My colleague who spoke before me certainly indicated that it was possible to contact the minister, but the minister does not have ultimate jurisdiction over what is awarded royal recommendation. It is an extremely difficult process to overcome that hurdle of a royal recommendation, and I would be more than interested to hear of examples that former Conservative governments did with respect to allowing for royal recommendation when similar legislation came forward.
I know of the issue of royal recommendation very well. Back in 2016. I brought forward a bill that I did not believe required a royal recommendation. However, after the bill had been tabled, the Speaker determined that it did. Needless to say, the government certainly did not support my request for royal recommendation. My bill was on the same topic of EI and maternity benefits for women who worked in hazardous conditions. The point is that this hurdle of royal recommendation is indeed an extremely tall one that requires an incredible amount of consideration, and it is very rare that royal recommendation is given by cabinet.
There are some other challenges with the bill that I would like to address.
Under the current EI regulation, adoptive parents and parents of children conceived by surrogacy are entitled to up to 40 shareable weeks of EI parental benefits to care for and bond with their children. Adoptive parents do not, however, as the bill tries to address, have access to EI maternity benefits of 15 weeks, which support the recovery of claimants who are pregnant or who have recently given birth.
Bill C-318 would create a new 15-week EI benefit for the attachment and caring for adoptive children or those conceived by surrogacy that is available from the week of placement up to 52 weeks. This is an attempt to mirror the 15 weeks of maternity benefit, which can start as early as 12 weeks before the expected date of birth and can end as late as 17 weeks after the actual date of birth. However, the proposed 15-week benefit would only commence at the time of “placement”. In other words, it would not support the individuals during the time they need to prepare for the arrival of a child, for example by preparing their home and other lifestyle changes that are required to take in a new addition to their family.
In addition, the bill would provide 17 weeks of leave; that is two additional weeks to the proposed benefit's 15 weeks of income support, which is an outdated practice from when the EI waiting period used to be two weeks rather than the current one week.
I absolutely applaud the member for bringing this forward. I think most members in the House agree, and I certainly do, that we need to move in the direction that would allow for this type of implementation, but there are some issues with it.
The problem the bill faces right now is whether it receives that royal recommendation, because it will not be able to proceed much further from this point until that occurs. As I indicated previously, it is very rare that this occurs.
Nonetheless, I applaud the member for the initiative. It is a very important one. I think there will be opportunities in the future, if not through this bill specifically, to continue to collaborate together in the House to ensure that maternity and parental benefits are widely available to all those who have children. We continue to see different forms of that happening throughout the country as families are growing.
I thank the member for bringing the bill forward. Unfortunately, because of the reasons I outlined, I will not be able to support it, but I look forward to seeing where the issue goes in the future.
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Mr. Speaker, I first want to welcome you and all my colleagues from every party back to the House.
I rise today on Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code, regarding a very specific topic: adoptive and intended parents.
The Liberal government has demonstrated a severe lack of leadership on that file. As a quick explanation for those who might not be familiar with the bill on this first sitting day after the summer break, it introduces a new type of special EI benefits, specifically, an attachment benefit of 15 weeks for adoptive parents and parents of children conceived through surrogacy.
The bill would also amend the Canada Labour Code to extend parental leave accordingly. It would also extend the benefit period while the child is hospitalized. I do not think anyone here in this House is questioning the need for a parent to take time off work to properly welcome a new baby home.
Whether we have children of our own or not, we all know that the arrival of a new child in a home is an intense and challenging time: cries, tears, nightmares, anxiety, colic pain, possible health or feeding issues, and so on. I see members smiling. We have all been there. We have to remove from the house everything that can possibly be dangerous for the little one and arrange the space so as to maximize the baby's mental and physical development.
An important part of being a parent is creating that special bond with the child. Parents have to make sure that their kids are happy, that they have everything they need, and that they feel safe and can develop trusting relationships with their new family.
There is no question that all new parents go through a complex adjustment period that is full of challenges and is different for each child. Unfortunately, or fortunately, there is no manual or piece of legislation that can really prepare us for that. Believe me, I too have been through it.
However, there are measures the government can put in place to make things a little easier and give new parents the tools they need—and I do mean all new parents. As it is often said, adoptive parents do not have it any easier than biological parents.
In fact, the opposite is often true, and this relates to the notion of attachment mentioned in the summary of Bill C-318. The literature indicates that the attachment theory referred to earlier by my colleague has emerged as a decisive factor in determining the best interests of the child.
John Bowlby's theory highlighted the fact that, from birth, children turn to adults for protection. The elements of attachment theory are based on the need for stability, consistency and adequate basic care in terms of both quantity and quality. Forming attachments is essential to children's long-term psychological health.
That said, in the case of adoption or surrogacy, the process of forming attachments can be tricky because there is no biological connection. The relationship needs to be developed, and that takes time.
It is worth noting that the meeting between parents and child often involves long-distance travel in different time zones, fatigue and changes of culture, language and climate. The children themselves obviously do not share the same excitement as their new parents. They have to say goodbye to the places they know and to everyone who has cared for them since they were born, people they have formed bonds with.
The impact of the overall decline in international adoption must also be factored in. I say this because it is increasingly difficult to adopt young children here in Canada. The process takes longer and is more complex than it used to be.
As for parents adopting a child conceived through surrogacy, certain factors may differ, but the challenges of creating a bond are quite similar. They need enough time with their child to foster attachment and create a strong, lasting parenting bond. I would also like to remind the House that, currently, neither the Canadian nor the Quebec maternity and parental leave plans contain an attachment benefit as proposed in the current bill.
Considering all this, the Bloc Québécois obviously and firmly supports creating a 15-week attachment benefit—yes, 15 weeks—for adoptive parents and parents of children conceived through surrogacy. This is not an onerous measure. I therefore invite my colleagues to vote with the Bloc Québécois in support of Bill C‑318.
However, what is somewhat disappointing to the Bloc Québécois right now is the Liberals' lack of leadership in the whole EI file overall. Need I remind the House that two years ago, in 2021, the Liberal Party campaigned on the promise to modernize employment insurance? It promised to extend the system to cover self-employed workers and to address the shortcomings brought to light by the COVID-19 pandemic.
Here we are now in September 2023 and, based on the Liberals' last budget, we can see that there is still nothing. Nothing has been done except for two small reforms, if we can call them that. We are far from the major structural changes that were promised to Canadians and Quebeckers. What guarantee do we have that this bill, even if it is passed, will be implemented by the Liberals? As my colleague was saying, the Liberals need to walk the talk. The talk does not seem to be a problem, but the walk is not getting us very far.
In closing, I invite my colleagues yet again to vote with the Bloc, and me, of course, in favour of Bill C‑318. This could help many families in dire need.
I thank my colleagues for listening and I wish them a good return to Parliament.
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