44th Parl. 1st Sess.
June 15, 2022 02:00PM
- Jun/15/22 5:30:56 p.m.
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Mr. Speaker, I rise today to present a petition on behalf of one of my constituents in Whitby, signed by more than 12,000 Canadians from across Canada. Since 1982, more than 250,000 Canadian seniors have suffered the loss of pension income due to corporate insolvency. With over four million Canadians depending on a defined benefit pension for their financial security and retirement, we cannot afford another pension insolvency, like that of Sears or Nortel, which had a negative impact on the financial security of many seniors.
This petition calls upon the government, through the Department of Innovation, Science and Economic Development, to work with all Canadian parliamentarians to undertake a direct consultation, generating specific goals and timelines to ensure that vulnerable seniors receive 100% of their pensions that their employers have committed to.
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Madam Speaker, I am very pleased to be speaking to Bill C-228, which addresses pensions in the case of bankruptcy or insolvency. For the NDP, this addresses something that has been a long-term concern for us. We know pensioners are really made fragile when they lose a significant part of their pension. We know it is absolutely devastating when workers who worked so hard for a company, workers who spent their lives dedicated and loyal doing that work, lose their pension on the other side or know they are going to lose their pension.
Whenever I think of this issue, I always think of Pat Horgan, who was a former member of my constituency. He passed away several years ago. I remember him sharing his story of his many years of dedication to Safeway, where he travelled quite a distance to work and support his family. He spent many, many years of his life working really hard. His amazing pension provided a solid foundation for his family. He retired early to care for a young son. Pat was making $2,700 a month, and when everything fell apart, his pension went from $2,700 down to $72 a month.
This happens to Canadians in our country, and that is why this type of legislation is so important. This is why we are holding the government to support this. It needs to understand that, when it puts Canadians in that situation, when it tells companies everybody is above the workers, it really disenfranchises those folks. It means that, when they retire, they do not have that stability.
Pat, in his retirement, had to go back to work. He had to go back to work to support his family. I remember him saying to me he was grateful he had the health and well-being to work, even though as he got older and older it became harder and harder for him. This is why it is so important that we are here today.
Pensions are deferred wages. This is how we plan for our future and for our retirement. When someone gets older, one faces multiple challenges because of aging. If someone does not have the pension they worked so hard for, and everybody else walks away with the money they need while that person is left in a fragile and vulnerable position, it is simply not fair. It is an injustice. It is unfair, and it finally needs to be dealt with. Worker pensions should not be at the bottom of the list. I am so hopeful this bill will get to where it needs to get because it would take the steps that are much needed toward fixing this.
I need to be honest. I was a little worried in the very beginning if I would support this bill or not. My caucus and I had some very important concerns, which we brought forward to the member for Sarnia—Lambton. Happily, some commitments, discussions and agreed upon changes, and I thank the member for that important work, will allow this caucus to vote in favour of the bill.
Because of this work, yesterday, together with the NDP member for Elmwood—Transcona, the Bloc member for Manicouagan and, of course, the member for Sarnia—Lambton, all three opposition parties were able to announce their collaboration on this bill.
I need to take this opportunity of course to thank my dear friend Mr. Scott Duvall, who is the former member of Parliament for Hamilton Mountain. He worked diligently both in the 42nd Parliament and the 43rd Parliament to get this work done and introduced his own bill in the 42nd Parliament. I know he worked so hard with the Bloc to get the bill through, and we did not see it get where it needed to in the other place because of an election that was called for no reason.
I am so happy to be having this discussion because Scott Duvall committed his life to this work. He lived through this. He came from a union background and had seen this happen. He had worked to support workers and was absolutely dedicated. I really respect the work he continues to do, and I hope this gets over the finish line. I know he would be really happy to see that.
Currently, we know our laws leave workers behind. I believe it is extremely important not only to amend the bankruptcy laws to ensure not only that unfunded liabilities for pension funds are honoured over both secured and unsecured creditors but also that companies can no longer stop payment of retirement benefits during the bankruptcy proceedings. This is another factor that is really important to understand.
These long processes have such a profound impact in the short term and long term for workers. We know that when there is the significant loss within a community of a big organization or business, it really has a profound impact, especially on smaller rural and remote communities like those that I represent. This is important. I am seeing this right now in a bit of a different circumstance with the mill in Powell River where folks are waiting to move on, but they are not getting any termination or severance pay. They are waiting for that. That is what happens in bankruptcies. People are waiting because all of the secured creditors get to go first. There is a pattern for businesses in trouble to leave workers hanging, unable to bridge the gap and move forward in a meaningful way. Our federal laws need to be improved to support workers.
That is the foundation of this for me and I hope it is for all of us as we vote on this. We have to make sure that workers are recognized in our country. All too often we have systems in place where workers stay poor while the people at the very top walk away with a lot of resources. When people work hard for a company, when they wake up every day and show their dedication and loyalty by showing up for work and helping that business grow its own resources, its own wealth, we have to make sure that when it gets tough, those people are not left behind.
As the NDP's spokesperson for seniors, I have spoken to many seniors who have had this experience and have significant challenges financially when they retire. It can become very significant if they lose their pensions.
One of the concerns I have with this bill is it does not really include protection for health care benefits during the insolvency process. This is concerning to me. I have talked to a significant number of seniors in my riding who really struggle with health care costs.
I was talking to someone not too long ago who was talking about diabetes medication and how hard it is to make ends meet now because that person does not have any extra resources. We also know that as people age, dental care becomes increasingly more important and is a huge deterrent to health. I have talked to seniors who struggle to chew their food and are having to blend their food in a blender to make sure they get the healthy nutrients they need.
One senior told me that she lost her pension because of a bankruptcy and is now in a position where she has significant dental work that needs to be done. She is trying to save up for it. She keeps getting a recurring infection in her gums. Her dental professionals are trying to make that work without her losing any more of her teeth. I cannot imagine being in that circumstance.
This is an important part. We need to make sure that those things are put in place. I know this is exactly why the NDP is fighting so hard to get dental care in this country for low-income people, especially vulnerable people with health issues, persons living with disabilities, seniors and children. We need to make sure that people have that opportunity. Often when people lose their dental health, they lose so many other opportunities in their life.
In closing, I look forward to having this bill go to committee and for all of us to work together to amend it and make some changes so that we can serve the workers across this country who build our communities, who pay their taxes and do all they can. We want to make sure when they retire that they are protected. Hopefully, we will get there.
I want to again thank the member who brought this bill forward for her hard work, her diligence and her ability to work across party lines. I think that is a real testament to some of the work we do in this place.
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Madam Speaker, I am very happy to rise today to speak to this very important piece of legislation tabled by my colleague from Sarnia—Lambton.
Pension protection has been at the forefront of our legislature for what seems like years. Every Parliament has had various attempts to protect worker pensions from insolvency. They are tabled and it seems that every Parliament has this issue which we all agree is important, but it dies on the Order Paper.
Hopefully, Bill C-228, an act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985, will finally see our legislature take concrete action to protect Canadian workers and their hard-earned pensions.
Bill C-228 amends the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act to ensure that claims in respect of unfunded liabilities or its solvency deficiencies of a pension plan are accorded priority in the event of bankruptcy proceedings. It also provides that an employer has to maintain group insurance plans and provide benefits to, or in respect of, its employees or former employees.
This area has particular importance to me given my previous career as a financial adviser and current career as the official opposition's shadow minister for seniors. Workers spend their entire lives building something for them to enjoy during their golden years. Bill C-228 is a big step forward in securing those years for future generations.
This legislation builds off two previous pieces of legislation that were before the House: Bill C-405 in the 42nd Parliament and Bill C-253 in the 43rd Parliament.
Bill C-405, which was tabled by my hon. colleague from Durham, was unfortunately defeated at second reading. The logic from the government according to the now Minister of Justice, was that the “proposed changes reduce the flexibility of courts based on particular situations and facts. These current flexibilities help to achieve the best outcome for the company and the pensioners and they might conflict with important policy objectives.” The NDP felt that the legislation did not accurately protect pensions.
The following Parliament saw a little more progress on the file. The member for Manicouagan managed to garner enough support to send her attempt to committee despite opposition from the Liberals, who claimed:
[T]he employee group benefit claims would be weakened and that could ultimately weaken companies in their ability to restructure and affect that sense of competitiveness of firms with respect to defined benefit pension plans as well as group insurance benefit plans, which would not necessarily help pensioners and workers in all cases. It has the potential to threaten the existence of defined pension plans.
While the bill may not have been perfect, we on this side of the House were willing to put the financial security of Canadians ahead of any partisan differences and we pledged to send the bill to committee so that it could be improved. Over seven meetings and after consultations with dozens of witnesses and expert testimony, the bill was returned to Parliament amended and improved.
I bring up Bill C-253 because this legislation that we are speaking about here today is very much a spiritual successor to that earlier piece of legislation. The two pieces of legislation share a very large amount of the same text. What Bill C-228 does is build on the very good work that was done on the file in the last parliamentary sitting by amending the Pension Benefits Standards Act, 1985, to empower the Superintendent of Financial Institutions to determine that the funding of a pension plan is impaired or that the pension plan administrator is at risk and to set out measures to be taken by the employer in respect of the funding of the plan in such cases.
Michael Powell, president of the Canadian Federation of Pensioners, said:
We support Bill C-253 and the extension of superpriority to pension deficits. This is the simplest solution to meaningfully improve pension protection for Canadian seniors.
In our Canadian regulatory environment, the only single place to protect pensions is within insolvency regulations. This committee and Parliament face a decision between the status quo—which leaves seniors' future financial well-being at risk and perpetuates an unfair system designed to exclude seniors from protecting their own financial interests, an unfair system that has been proven to significantly harm older Canadians—and a new future that offers protection to vulnerable seniors.
Mr. Hassan Yussuff, former president of the Canadian Labour Congress, was also supportive, saying, “The CLC, of course, supports Bill C-253, and I want to thank the members who voted to advance this bill.”
Unfortunately, an election call meant the death knell for Bill C-253. While the bill itself is dead, the spirit of co-operation among all parties that followed Bill C-253 need not be.
During debate on Bill C-253, the legislation's previous iteration of Bill C-228, the former member for Hamilton Mountain called for support of the legislation, even though he had a similar piece of legislation tabled before the House, Bill C-259. Unless I missed my mark, that legislation has been reintroduced in this Parliament by the member for Elmwood—Transcona as Bill C-225. The former member for Hamilton Mountain said, “I feel strongly about the necessity of these protections put forward, so much that my bill, Bill C-259, contains equivalent measures to every article contained in this bill. I would like to let her and the House know that I am calling on all my NDP colleagues to support the bill at second reading and I hope to see it get to committee.”
I hope my honourable friend and his party will continue down the path of co-operation and multipartisanship that his predecessor did.
I mentioned earlier how I had a previous life as a financial adviser. I saw first-hand the complete destruction of livelihoods that tore through Hastings—Lennox and Addington when Nortel and Sears went belly up. The financial security of nearly 37,000 Canadians went up in smoke overnight.
These were terrible lessons that affected every single one of our ridings and lessons that we cannot continue to ignore. We, as a legislature, need to work toward protecting Canadian pensioners. We have before us a piece of legislation that has previously received support from the majority of parties in this House. It is a piece of legislation that, in fact, has been tabled by two separate parties. How often can we say that? It is a piece of legislation that has already gone through the scrutiny of a parliamentary committee and debate.
I would suggest to my colleagues in the House that we do the right thing, pass Bill C-228 into law and avoid the fate of so many other attempts to protect Canadian pensioners.
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Madam Speaker, it is very encouraging to hear all parties in the House agree that this bill needs to go to committee. Over the last 10 years, there have been multiple attempts by multiple parties to address the issue of pension protection in Canada. We have seen countless Canadians impacted: They have not received their severance or have received pennies on the dollar.
Bill C-228 would do three things. First, it would allow the annual report on the solvency of funds to be tabled here in the House so that it is a matter of public record and we know which funds are in trouble. Second, it would provide a mechanism to transfer money into those funds without tax implications to top them up and restore them to solvency. That is really where we want to be. Third, in the case of bankruptcy, the bill would make pensions a priority, after source deductions and taxes and suppliers take back their goods, but before large creditors and unsecured creditors. That is where we have put the priority for pensioners to receive their due.
I thank the member for Manicouagan and the member for Elmwood—Transcona for the many discussions we have had on things we need to do to the bill to try to address concerns. I also thank the members who have spoken tonight: the member for Kingston and the Islands, members from the Bloc, my colleague from Hastings—Lennox and Addington and even the member for Whitby, who presented a petition in the House on pension protection. This just shows that the time is right for us to work together and get this right at committee.
One thing we are going to be working on and talking about at committee is cleaning up some of the clauses. There were a number of bills and each one of them had something in it that everybody did not like. When we were cleaning up some of the things we did not like in the previous bill, Bill C-405, a couple of clauses got left behind, so we got rid of them.
The insurance idea is something people want to talk about at committee. Some people like that idea and some people do not. The NDP also correctly raised the point that pensions are not the only consideration; severance pay is too. It is something people have not received when companies are in bad shape. That should go in, with the same priority as pensions. I agree with that.
In trying to make sure that we do not get the unintended consequences that the member for Kingston and the Islands was talking about, one thing of concern is whether or not businesses can get adequate credit. We have allowed a different coming-into-force time. The reporting and topping up of funds would be immediate, but we would give a number of years before the priority part of this bill comes into force. That would allow businesses time to get their house in order, and I would argue that if they cannot get their act together, they are a greater financial risk, so they should pay the associated consequences for that.
I am happy to say that there is support in the Senate. If the bill makes it out of committee and goes to the other place, there is support from multiple parties in the Senate, from Senators Plett, Yussuff and Dalphond. There is also huge stakeholder support across the country. Letters have gone out everywhere from Mike Powell with the Canadian Federation of Pensioners, CARP and the number of other stakeholders that have come forward.
I am encouraged by what I have heard today. I know this is what Canadians want us to do. They want us to work together, have the discussions and work collaboratively. As the twice-named most collegial parliamentarian, it is my pleasure to work together across the aisles. This is important for seniors in our country and it is important for people who work their whole lives. We can do something great in this moment, so I encourage all members of the House to support Bill C-228 and send it to committee. Let us work together and get this done for Canadians.
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