SoVote

Decentralized Democracy

Ontario Assembly

43rd Parl. 1st Sess.
February 28, 2023 09:00AM
  • Feb/28/23 5:10:00 p.m.
  • Re: Bill 50 

I am proud to stand today to talk about my first private member’s bill, Bill 50, the Building Better Business Outcomes Act. It is great to have with me for this occasion my family, friends, and business and community leaders who are committed to diversity and inclusion for a stronger economy and a more inclusive society, and to also have people here from groups identified in this bill.

I will add that, while I did not pick the date for the debate of the bill, I’m delighted that this is happening during Black History Month and just ahead of International Women’s Day.

This bill has a simple premise: that progressive policy is good business policy; that more diverse boards magnify the success of business, which grows our economy and is good for our society. My goal is to drive more opportunity in our economy through improving diversity.

Specifically, this bill will require an issuer whose shares are publicly traded to adopt and make publicly available a written policy respecting the director nomination process that provides for the identification of candidates who belong to one or more of the following groups: women; persons who are Black, Indigenous or racialized; persons with disabilities; and persons who are LGBTQ+.

During my corporate career, I developed an early interest in advancing women in business, and that grew to supporting others from under-represented groups. I have followed with interest the advocacy of organizations who work in this space. I truly believe that diversity at the table and real inclusion lead to better business outcomes, from team decisions made every day at work to big decisions made by the board.

Governments have a role in helping to create the conditions for people of our community to succeed. Many of the residents in my riding of Don Valley West come from racialized communities. Many are immigrants. I want to make sure that we have an Ontario where more of them can become leaders in corporate Ontario.

I want this government to do something that advances where we are today with this very important issue of diversity and inclusion on corporate boards, which, as importantly, will lead to enhanced opportunities in other areas of corporate life for the groups identified in this bill. I want the diverse populations in my riding of Don Valley West and across Ontario to see more people who look like them on boards, because that will create more opportunities for them to succeed in our province.

The topic of diversity on boards has been talked about and researched for decades. Let me share with you the current state of affairs with respect to diversity on boards in Canada. Statistics from the most recent Osler report on board diversity show that women make up 26% of board members of TSX companies—not bad, but we can do better. When we look at other groups identified in the bill, we see that there is still much, much further to go. Of companies that report this data—there are 162 board members who are visible minorities, 17 who are Indigenous and 10 with disabilities, and we don’t know how many LGBTQ+ members, because we don’t track or report that today.

People from under-represented groups, starting with women in business many decades ago, have used three primary arguments to convince decision-makers that diversity on boards is worth pursuing:

(1) the capability argument: “We are capable and deserve as much opportunity as those who are already here”;

(2) the equity argument: “Since we are capable, it is fair and just that we should have a seat at the table”; and

(3) the business-case argument: “Putting women on your boards will help your organizations perform better.”

I believe there’s merit in all of these arguments, and so does this government’s own Capital Markets Modernization Taskforce, which the government commissioned “to help transform the regulatory landscape for the capital markets sector, and advise the Minister of Finance on how to improve the innovation and competitiveness of the province’s capital markets and best help build Ontario’s economy.” I commend the government for initiating this work and the members of the task force who worked on it.

In 2021, the task force issued its report, with 74 recommendations, including three on how to improve corporate board diversity. My bill is taken word for word from one of these three recommendations. In fact, the government has implemented or is moving on many of the 74 recommendations, and I commend them for that too. But there has been no progress reported on the three recommendations related to corporate board diversity, and my hope today is that the debate of Bill 50 will nudge the government to take that action.

As the task force said, “Investors are increasingly demanding data on diversity on boards and in executive officer positions to make informed investment and voting decisions.”

My intention is not to criticize when I say this, but I had to consider the lack of movement on the three diversity recommendations as I sit here in the opposition. In talking to people, some of them said, “Your bill goes too far.” Others said, “Your bill doesn’t go far enough.” I thought about how to encourage the Conservative government to take some action to move on this important issue, so I decided to make this bill only about the least interventionist policy from government and market perspectives. This bill, about adopting a policy, is a light touch to advancing diversity by helping to ensure boards are looking at the broadest possible pool of qualified candidates.

Other jurisdictions are ahead of Ontario on this front. The European Parliament recently passed legislation that compels member states to create their own policies for ensuring that there is diverse representation on boards. In the US, NASDAQ has adopted policies that require women, under-represented minorities and LGBTQ+ persons to be nominated to boards.

So why this bill and why now? There are three reasons:

(1) It has taken decades for our corporate boards to reach about 25% women directors and just 4.5% people of colour, 17 Indigenous board directors, 10 directors who are people with disabilities—and as I said, we do not know the number of LGBTQ+ directors because it’s not tracked or reported. So while the progress and the attention to diversity in ESG more broadly is something to celebrate, we still have a long way to go. About Ontario’s current “comply or explain” policy, which relates only to gender diversity on boards, Maureen Jensen, former chair and CEO of the OSC, said, “The progress has been slow.”

(2) Research shows that more diverse boards are more likely to have better business outcomes than their less diverse peers, so this kind of policy is good policy to grow our economy. One report by McKinsey demonstrates that businesses with more women and more racialized people are 48% and 36%, respectively, more likely to outperform their less diverse competitors. We need this kind of progressive policy here at work in Ontario, for Ontario and for Canada. We know that we want our companies, our corporations to invest more, to innovate more. But Canada is behind its international peers, and this bill can help.

(3) It is a positive, light-touch, action-oriented bill that provides a gentle nudge to business leaders to demonstrate Ontario’s commitment to diversity at all levels of corporate life, starting at the top with their boards.

But let’s be clear: We should not do this only because the business case is solid. Sarah Kaplan, distinguished professor of gender and the economy at Rotman School of Management, has studied this topic extensively and said, “We are not debating the business case itself. Many are convinced that the case has already been made. Complex social issues such as changing social norms and challenging stereotypes cannot be reduced to a spreadsheet. They can only be tackled with an unreserved, passionate commitment from senior leaders.”

This House is among that group of senior leaders who have the power to help make change. That’s why I’m here—that’s why all of us are here. If improving the level of diversity of other under-represented groups takes us as many decades as it did for women to get to just 25% of corporate board positions, that will be decades of missed opportunity and economic growth that the increased diversity could bring.

My hope is that this bill will ensure that more boards, at a minimum, are having this conversation, are looking at the broadest pool of candidates possible to advance their diversity, not only for women but for persons who are Black, Indigenous or racialized; persons with disabilities; and persons who are LGBTQ+; and that boards will do this more quickly than if we maintain only the status quo rule of “comply or explain,” which has moved the needle only slightly.

Leading scholars and businesspeople support this bill. Poonam Puri—who I’m delighted to say is here today with her daughters—an esteemed professor at Osgoode Hall Law School who researches and teaches in the areas of corporate law, corporate governance and capital markets regulation, said that Bill 50 would benefit corporations and their investors, as it “will require companies to consider how they approach their board nomination process to ensure they are getting the best voices they can and will show investors which companies are taking this issue seriously.”

Pamela Jeffery, founder of the Prosperity Project, said, “When you have competent directors looking at a problem through different lenses, better discussion ensues which in turn leads to better decision-making.”

Deborah Rosati, founder and CEO of Women Get on Board, said, “As business leaders, our duty is to all step up today and collectively be agents of change in advancing board diversity in Canada. Together, we can make a difference by promoting diversity as a strategic opportunity for board-building.”

I’m pleased to say this bill is also supported by organizations like Meridian Credit Union, the March of Dimes, LGBTQ+ Corporate Directors Canada Association, the Arya Samaj community of Markham and Toronto, and Intriciti.

I’m also pleased to have the support of Cody Anthony, the founder of the Ted Rogers Indigenous in Business student group that works to increase Indigenous participation in leadership positions, highlight Indigenous entrepreneurs, and encourage Indigenous students to seek an education at the Ted Rogers School of Management.

I’m also proud that Leaside Business Park Association in my riding of Don Valley West supports the bill.

Thank you to all who gave me input, advice and their support.

This issue is a business issue, it’s a societal issue—it’s not a partisan issue. I look forward to hearing from my colleagues on this side of the aisle, as well as from the government members.

There is a time for waiting, and there is a time to act. A vote in favour of this bill is a vote for building our economy by maximizing the diversity of our population, by leveraging the talents of constituents across all 124 ridings represented in this House.

Speaker, it is time we act on this issue and send a signal to all communities that Ontario is not only open for business but that Ontario business is open to them.

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  • Feb/28/23 5:30:00 p.m.
  • Re: Bill 50 

I rise today in support of the bill being debated, the Building Better Business Outcomes Act, as a reasonable step in the right direction. By amending the Securities Act to require publicly traded companies to have a written and publicly available policy on the diversity of their boards of directors, we can promote the inclusion of more women, more people of colour, more people with disabilities, and more members of the 2SLGBTQIA+ community on corporate boards.

Everyone in Ontario deserves to feel safe, to feel welcome and to feel at home in this great province. No one should have to face discrimination or fear because of the colour of their skin, their gender, their sexual orientation or their abilities, and that includes at work.

The question becomes “What is diversity?” When we think about diversity, we typically think about race and gender, but it should be more broad, more inclusive. When we look at diverse employees, they don’t automatically create an inclusive workplace. They can start that process, but the workplace also has to have policies and frameworks that recognize the importance of both diversity and inclusion; there have to be teams with anti-discrimination policies.

Further to this, people don’t know what they don’t know. Until we have people of differing backgrounds, differing perspectives—can we begin to understand once we listen.

It’s disappointing to hear that the government is not in favour of supporting this. Representation is truly what matters. Diversity doesn’t happen by accident or by happenstance. It’s about making room at the table. It’s about providing that space. It’s about making space, not taking space. When people see themselves reflected, that is when you build trust, that’s when you build accountability, that’s when you build authenticity, and it provides an inspiration to young people. It broadens our minds.

To share some statistics—the Ontario Securities Commission reports that total board seats and executive positions occupied by women was less than 20%, yet only about the same percentage of companies had adopted targets regarding the representation of women on their boards. They hadn’t provided that room. Even worse, a study highlighted in the report found that only 5% of all directors were visible minorities. That’s not a reflection of the Ontario that we live in. Indigenous directors and directors with disabilities made up 0.05% and 0.04% of boards, respectively. Together, they didn’t even form half of a per cent. That’s problematic.

This bill echoes the recommendations from the government’s Capital Markets Modernization Taskforce. Investors are increasingly demanding data on diversity on boards and in executive officer positions to make informed investment and voting decisions, and this legislation addresses that demand. The task force recommended that publicly listed issuers set a target of 50% for women and 30% for BIPOC, persons with disabilities, and members of the 2SLGBTQIA+ community. It also recommended that these targets should be completed—within five years to meet the target for women and seven years to meet the other targets for BIPOC, persons with disabilities and members of the 2SLGBTQIA+ community. This report was issued in 2020, but the government has not taken any steps toward these goals.

The gender wage gap still exists to this day. We consider ourselves modern, we consider ourselves evolved, and yet why is it that for the same work, women are paid less? Why is it that women are still encountering the glass ceiling? Why are they not able to hold those positions of power? Women in this province earn far less for every dollar made—and that gap is even wider for intersexual identities, women who are racialized, Indigenous women, women who are newcomers, women with disabilities, trans women, and non-binary folks. We have tens of thousands of women in this province who are underpaid and undervalued for their work every day, and they earn less than they deserve. Quite frankly, it’s outrageous.

Over the course of the pandemic, it was women who were doing double duty, working and parenting without child care or school, or who were forced to give up their jobs entirely to stay home with children. This could have been resolved with more workplace flexibility.

When it comes to hourly wage rates, the gender pay gap is about 11%. The wage gap has always been greater for racialized and Indigenous women, and it could be resolved by more representative leadership.

The Equal Pay Coalition did a poll that showed that 85% of Ontarians said it’s important for the Ontario government to do more to promote women’s economic equality. But this government stalled the implementation of legislation that aimed to increase pay transparency in Ontario. This government instead makes cuts that disproportionately impact women—cancelling an increase to the minimum wage, slashing paid sick days, and refusing for years to make investments in affordable child care, long-term care, education and health care.

The London and Middlesex Local Immigration Partnership has also studied the impacts of discrimination on immigrants, visible minorities and Indigenous peoples. The outcomes of this study called for strategies to promote an environment that encourages victims of discrimination to report their experiences and engage in effective initiatives to prevent and reduce discrimination. The report states: “These anti-discrimination initiatives would help make London-Middlesex a more just and equitable community, and would protect its residents from the harmful negative outcomes that experiencing discrimination can produce ... would help make London-Middlesex a more welcoming community that could attract, integrate, and retain diverse individuals, an integral part of Canada’s strategy to sustain the economy.”

Of course, in my community of London, we know first-hand the horror of unchecked discrimination and what can happen as a result. On June 6, 2021, three generations of the Afzaal family were killed in an Islamophobic terror attack while out on a walk, leaving the youngest member of the family as the sole survivor.

In the last Legislature, the NDP tabled a day of remembrance and action on Islamophobia. That bill was ordered to the standing committee after second reading, and it never left.

Further, I was proud to table a bill to declare May 10 as a day of remembrance and action against anti-Asian racism. Unfortunately, that bill never passed.

We need more bills like Bill 50, to make sure that we are taking an active role to promote diversity within our province.

For Black, Indigenous and racialized people in Ontario, discrimination and racism are far too often a daily reality in a maze of deeply ingrained systemic barriers. It starts at the top. As a step to fight economic discrimination, publicly traded companies need to better reflect their workers, customers and their communities. When people see themselves reflected, it makes a difference.

To really and truly address the economic inequality experienced by women, people of colour, people with disabilities and members of the 2SLGBTQIA+ community, we must also be looking at fresh solutions such as updating and enforcing the Pay Equity Act and moving forward with the Pay Transparency Act so we have mechanisms in place to track and hold companies accountable for the gender pay gap.

We could also make investments and do the work to dismantle structural racism in every sector in Ontario. Shortly after this government was formed in 2018, there were many concerns about the dismantling of the Anti-Racism Directorate and the $1,000 that was afforded to something that was supposedly formed to tackle racism across the province.

There’s also rock-solid evidence that more diverse boards have better bottom lines. It is a win-win.

Ontario has the opportunity to become a leader in this. Ontario has an opportunity to be the first to do this. The world of work is changing, and Ontarians must be set up to succeed now and in the future.

I hope that this government will reconsider. I hope they’ll listen to the debates that have been presented by the member from Don Valley West as well as the official opposition. This is a way for us to move forward. I hope that the government is listening.

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  • Feb/28/23 5:40:00 p.m.
  • Re: Bill 50 

I’m honoured to rise and speak in favour of Bill 50. I want to thank the member from Don Valley West for bringing it forward, because diverse voices, perspectives, ideas and experiences in corporate governance matter. Studies show that companies with directors and executives with diverse backgrounds perform better in business, and it’s in the public interest to have diverse directors and executives of publicly traded companies.

But despite the positive social, economic and business benefits of diverse directors and executives, the government’s own Capital Markets Modernization Taskforce itself has noted that diversity has been painfully slow on boards.

According to the Ontario Securities Commission, women on boards only increased from 11% in 2015 to 17% in 2019, and 24% last year. In a recent study that the task force cited, only 5.5% of boards represent visible minorities. People with disabilities make up less than 1%, 0.5%, of board diversity.

Speaker, we know we can do better in Ontario. We know that our businesses can perform better, and that’s exactly why I will be voting in favour of Bill 50.

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