Wednesday, June 5, 2024

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to table its

TWENTY-SECOND REPORT

Your committee, which was authorized to examine the the subject matter of those elements contained in Divisions 3, 4, 5, 14, 21, 22, 23, 31, 32 and 38 of Part 4 of Bill C-69, An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024, has, in obedience to the order of reference of Thursday, May 9, 2024, examined the said subject-matter and now reports as follows:

Division 3 — National School Food Program

Division 3 would establish a national school food program.

Your committee learned that establishing a national school food program could extend access to school meals for up to 400,000 more children, aiming to enhance nutrition and academic outcomes, while reducing food insecurity. However, your committee also heard that implementing the program will depend on negotiations with the provinces and territories. The committee urges the Government of Canada to complete these negotiations expeditiously and ensure that the money will be spent on the national school food program and not on other unrelated programs.

Your committee heard that the Government of Canada has limited data on communities facing the greatest need and faces challenges in collecting data. Your committee urges the federal government to ensure robust data collection and to adopt a data-driven approach to ensuring that resources for school food programs are allocated to communities of greatest need.

In the context of developing bilateral agreements with the provinces and territories, which will provide funding aimed at expanding and improving the national school food program, your committee urges the federal government to take into account, notably, the particular needs of official language minority communities.

Division 4 — Student Loan Forgiveness

Division 4 would amend the Canada Student Loans Act and Canada Student Financial Assistance Act to expand loan forgiveness to certain care economy occupations.

Your committee heard that previous student loan forgiveness programs faced low levels of awareness among those in the eligible professions. Your committee therefore suggests that the Government of Canada make substantive efforts to promote awareness of the expanded program among eligible groups once it is implemented, to encourage widespread awareness and participation.

Division 21 — Canada Labour Code (Improving Access to Protections for Employees)

Division 21 would amend the Canada Labour Code to strengthen job protections for federal gig economy workers.

Your committee learned that employee misclassification is a significant issue, particularly in the trucking industry. A witness noted that this misclassification allows employers to evade providing benefits such as overtime, vacation pay, 10 sick days, personal leave and the employer portion of payroll taxes. In turn, many drivers either knowingly or unknowingly file their taxes incorrectly, claim deductions they are not entitled to, or fail to file taxes altogether. The committee further heard that the Canada Revenue Agency could be losing billions of dollars annually due to the tax implications. It was suggested that introducing a presumption of employee status under Division 21 would help Employment and Social Development Canada more effectively address misclassification issues, including those in the trucking industry. However, witnesses emphasized that enforcement will be essential to ensure compliance.

Division 23 — Employment Insurance Act

Division 23 would amend the Employment Insurance Act to further extend (until October 2026) existing measures around Employment Insurance (EI) for seasonal workers in some regions.

Many seasonal workers rely on EI benefits to live with dignity during the off-season. Temporary measures were announced in 2018 to provide up to five additional weeks of regular EI benefits to eligible seasonal claimants living in one of the 13 targeted economic regions. These measures have since been extended to the present day, acknowledging their vital importance for seasonal workers.

Considering the insecurity that these temporary measures cause in the targeted regions, your committee urges the federal government to make these measures permanent, as a first step in a comprehensive reform of the EI program. As promised by the Government of Canada in 2015, this reform must offer a permanent solution to support seasonal workers across Canada.

Division 38 — Immigration and Refugee Protection Act (In-Canada Asylum System)

Division 38 would make various amendments to the Immigration and Refugee Protection Act regarding in-Canada asylum claims.

Your committee heard testimony raising concerns about proposed refugee protection procedure amendments, particularly regarding asylum applications and abandonment proceedings. These changes may exacerbate the vulnerability of claimants due to language barriers or a lack of support networks. Your committee, therefore, recommends that the Government of Canada consider:

• a thorough review to ensure equitable access and to uphold fairness and justice for all claimants; or

• the complete retraction of this division for future study on its own merits.

Your committee heard concerns about the use of substitute decision-making, particularly in the context of pre-removal risk assessments. Witnesses noted that the use of supportive decision-making and designated representatives, instead of substitute decision-making, will help ensure people have meaningful access to procedures and protect individuals’ right to equality. Your committee therefore suggests that the Government of Canada investigate supportive decision-making models and designated representatives within the asylum system.

General Observations

Your committee was asked to study the subject matter of ten divisions of Part 4 of the Budget Implementation Act, 2024, No. 1.

It is the opinion of your committee that there was insufficient time available to properly examine these divisions, and to consult with experts and witnesses. Your committee continues to be concerned that the federal government chooses to include substantive changes to Canadian law in a budget implementation act.

Furthermore, your committee believes that a budget implementation act should be linked only to the costed measures in the budget. Certain divisions your committee studied, including Divisions 21 and Division 22 (Canada Labour Code), Division 31 (Food and Drugs Act) and Division 38 (Immigration and Refugee Protection Act), did not contain any financial provisions. Your committee, therefore, recommends that sections like these be the subject of subsequent stand-alone legislation.

Your committee has no specific observations regarding Divisions 5, 14, 22, 31 and 32 of Part 4 of Bill C-69.

Respectfully submitted,