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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 3
Tuesday, December 14, 2021, 4:03 p.m. to 5:10 p.m.
Webcast
Presiding
Robert J. Morrissey, Chair (Liberal)

House of Commons
• Jacques Maziade, Legislative Clerk
• Émilie Thivierge, Legislative Clerk
 
Library of Parliament
• Eleni Kachulis, Analyst
• Isabelle Lafontaine-Émond, Analyst
Department of Employment and Social Development
• Andrew Brown, Assistant Deputy Minister, Policy, Dispute Resolution and International Affairs
• Douglas Wolfe, Senior Director, Strategic Policy and Legislative Reform, Strategic Policy, Analysis and Workplace Information Directorate, Labour Program
Department of Justice
• Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section, Policy Sector
• Joanne Klineberg, Acting General Counsel, Criminal Law Policy Section, Policy Sector
Pursuant to the order of reference of Thursday, December 9, 2021, the committee resumed consideration of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code.

It was agreed, — That, notwithstanding the routine motion governing orders of reference from the House respecting bills, the 48 hours notice to file amendments prior to the start of clause-by-clause consideration of Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code, be waived.

The witnesses answered questions.

The committee commenced its clause-by-clause study of the Bill.

Clause 1 carried.

On Clause 2,

Stephanie Kusie moved, — That Bill C-3, in Clause 2, be amended

(a) by adding after line 25 on page 1 the following:

“(2.1) Every person commits an offence who engages in any conduct with the intent to provoke a state of fear in a critical infrastructure worker in order to impede them in the performance of their duties.”

(b) by replacing line 2 on page 2 with the following:

“tion (1), (2) or (2.1) is”

(c) by replacing line 7 on page 2 with the following:

“(4) No person is guilty of an offence under subsection (2) or (2.1)”

(d) by adding after line 13 on page 2 the following:

“(6) In this section, critical infrastructure worker means a person who conducts or supports operations or services that are essential to the health, safety, security or economic well-being of Canadians, including in relation to food supply, electricity grids, pipelines, communications and transportation.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Clause 2 carried.

Clause 3 carried on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

Clause 4 carried on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

Clause 5 carried on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

Clause 6 carried on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

On Clause 7,

Alexandre Boulerice moved, — That Bill C-3, in Clause 7, be amended by replacing lines 24 to 26 on page 3 with the following:

“(1.2) An employee is entitled to four days of medical leave of absence with pay and earns, for each 30 days of continuous employment with an employer, one additional day of leave”

After debate, the question was put on the amendment of Alexandre Boulerice and it was negatived on the following recorded division:

YEAS: Alexandre Boulerice, Louise Chabot, Matt Jeneroux, Stephanie Kusie, Alex Ruff — 5;

NAYS: Bob Benzen, Chad Collins, Michael Coteau, Wayne Long, Terry Sheehan, Tony Van Bynen — 6.

Alexandre Boulerice moved, — That Bill C-3, in Clause 7, be amended by replacing lines 24 to 26 on page 3 with the following:

“(1.2) An employee earns, after completing thirty days of continuous employment with an employer, one day of medical leave of absence”

After debate, the question was put on the amendment of Alexandre Boulerice and it was agreed to on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

Alexandre Boulerice moved, — That Bill C-3, in Clause 7, be amended by replacing line 11 on page 4 with the following:

“taken a medical leave of absence with pay of at least five consecutive days, require the”

After debate, the question was put on the amendment of Alexandre Boulerice and it was agreed to on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

Stephanie Kusie moved, — That Bill C-3, in Clause 7, be amended by adding after line 15 on page 4 the following:

“(1.7) For greater certainty, subsections (1.2) to (1.6) do not apply to an employee who is entitled to rights or benefits under a collective agreement, contract, custom or arrangement that are at least as favourable to the employee as the medical leave of absence with pay conferred by this Division.”

After debate, the question was put on the amendment of Stephanie Kusie and it was negatived on the following recorded division:

YEAS: Bob Benzen, Matt Jeneroux, Stephanie Kusie, Alex Ruff — 4;

NAYS: Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Wayne Long, Terry Sheehan, Tony Van Bynen — 7.

Clause 7, as amended, carried on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

On new Clause 7.1,

Alexandre Boulerice moved, — That Bill C-3 be amended by adding after line 40 on page 4 the following new clause:

“Transitional Provision

7.1 For the purposes of section 239 of the Act, an employee with at least two years of seniority is deemed, upon the coming into force of this section, to have acquired 10 days of medical leave of absence with pay.”

After debate, the question was put on the amendment of Alexandre Boulerice and it was negatived on the following recorded division:

YEAS: Alexandre Boulerice, Louise Chabot, Matt Jeneroux, Stephanie Kusie, Alex Ruff — 5;

NAYS: Bob Benzen, Chad Collins, Michael Coteau, Wayne Long, Terry Sheehan, Tony Van Bynen — 6.

Clause 8 carried on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

The Title carried on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

The Bill, as amended, was adopted on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

It was agreed – That the Chair report the Bill, as amended, to the House on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

ORDERED, — That the Chair report the Bill, as amended, to the House.

It was agreed – That Bill C-3, as amended, be reprinted for the use of the House of Commons at report stage on the following recorded division:

YEAS: Bob Benzen, Alexandre Boulerice, Louise Chabot, Chad Collins, Michael Coteau, Matt Jeneroux, Stephanie Kusie, Wayne Long, Alex Ruff, Terry Sheehan, Tony Van Bynen — 11;

NAYS: — 0.

ORDERED, — That Bill C-3, as amended, be reprinted for the use of the House of Commons at report stage.

At 5:10 p.m., the committee adjourned to the call of the Chair.



Danielle Widmer
Clerk of the committee