Proceedings of the Standing Senate Committee on
National Security and Defence
Issue 7 - Fifth Report of the Committee
Wednesday, April 16, 2008
The Standing Senate Committee on National Security and Defence has the honour to present its
FIFTH REPORT
Your committee, to which was referred Bill C-40, An Act to amend the Canada Labour Code, the Canada Student Financial Assistance Act, the Canada Student Loans Act and the Public Service Employment Act has, in obedience to the Order of Reference of Tuesday, March 4, 2008, examined the said Bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
COLIN KENNY
Chair
OBSERVATIONS TO THE
FIFTH REPORT OF THE
STANDING SENATE COMMITTEE ON NATIONAL SECURITY AND DEFENCE
(BILL C-40)
Your Committee notes that the Canadian Forces Liaison Council is an organization with valuable expertise in negotiating employer support for reservists. Therefore, we propose that in the process of drafting the regulations to be adopted under section 247.97 of the Canada Labour Code as amended by Bill C-40, the Minister of Labour consult with the Council, inter alia.
Your Committee also notes that the Public Safety Act 2002, which received Royal Assent on May 6, 2004, added to the National Defence Act new provisions to accord reservists job protection when called upon for duty in times of an ``emergency,'' which is defined as an insurrection, riot, invasion, war or armed conflict. This amendment never came into force. We propose that the Minister of Labour consider conducting a study, jointly with the Minister of National Defence, to ensure that Bill C-40 and sections 285.01 to 285.13 of the National Defence Act are reconciled and do not unduly overlap.
Lastly, your Committee notes that it will be necessary to follow the progress of this bill, once entered into force, to ensure that all parties concerned are not negatively affected by this legislation. We therefore propose that the Canadian Forces Liaison Council be requested to monitor and follow up on the impact of Bill C-40 and to report its findings to the Minister of National Defence. We also propose that the Minister of National Defence, in turn, table these findings as a report in both Houses of Parliament.