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Canada Labour Code

Bill to Amend--Second Reading--Debate

May 27, 2021


Moved second reading of Bill C-220, An Act to amend the Canada Labour Code (bereavement leave).

She said: Honourable senators, I am honoured to rise today as the sponsor in the Senate of Bill C-220, An Act to amend the Canada Labour Code related to bereavement leave.

The bill was introduced in the other place by my colleague, member of Parliament Matt Jeneroux. It builds on work he began in the Alberta legislature and work he is now endeavouring to expand to the national level.

The objective of this bill is very simple: It is to improve support for workers in our country who are faced with the loss of a loved one.

The loss of a loved one, whether such a death occurs suddenly or has been anticipated for some time, can be a terrible shock and a highly emotional experience with many demands of both family and a practical nature.

What this bill aims to do is to increase the amount of bereavement leave an employee is entitled to take in the circumstance of the death of a family member.

Currently, under section 210(1) of the Canada Labour Code, employees are entitled to up to five days of bereavement leave in the event of the death of an immediate family member. The bill before us proposes to do two things.

First, it would expand the period of bereavement leave from 5 working days to 10 days, with 3 days paid — this for all employees who fall under the Canada Labour Code; that is, about 18,000 federally regulated employers and up to 2 million workers who would qualify in Canada. This leave must be taken within six weeks of any funeral, burial or memorial service of the deceased family member.

Second, the bill would also expand entitlement to bereavement leave to any employee who may already be on unpaid compassionate care leave, taking care of a family member who is experiencing a critical illness. Under this bill, those employees would now be entitled to up to 10 days of bereavement leave when the member they were caring for has died.

In addition, it is important to note that within the Canada Labour Code, for the purposes of compassionate care leave, the definition of family member is larger in scope than that of immediate family member. An immediate family member applies to spouses and common-law partners, parents, parents-in-law, grandparents, children, grandchildren, siblings and to relatives residing permanently with the employee.

The definition of family member additionally incorporates aunts and uncles as well as nieces and nephews. It also includes a person whom the employee considers to be like a close relative or who considers the employee to be like a close relative.

Under the code, employees can take unpaid compassionate care leave to look after such family members. When these members die, the new provision in Bill C-220 ensures job-protected bereavement leave to this group of employees.

Bill C-220 has attracted widespread support and all parties in the other place praised its compassionate objectives.

In fact, all parties worked together in committee to improve the bill through amendments which incorporate the provisions we have before us today.

Speaking to his bill at second reading, Mr. Jeneroux told the story of when he was a young man and his grandmother became seriously ill. He wanted to spend time with his grandmother but was confronted by the reality that, at that time, there was no job protection —

The Hon. the Speaker pro tempore [ + ]

I’m sorry, I must interrupt you.

Honourable senators, it is now 6 o’clock, and pursuant to rule 3-3(1) and the order adopted on October 27, 2020, I am obliged to leave the chair until 7 o’clock, unless there is leave that the sitting continue. If you wish the sitting to be suspended, please say “suspend.”

The Hon. the Speaker pro tempore [ + ]

We are suspended and shall resume at 7 o’clock.

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