Debates of November 4, 2020 (day 49)
Bill 20: An Act to Amend the Employment Standards Act
Madam Speaker, I move, seconded by the Honourable Member for Inuvik Boot Lake, that Bill 20, An Act to Amend the Employment Standards Act, be read for the second time. This bill amends the Employment Standards Act to provide an entitlement to unpaid emergency leave for employees who are unable to perform their duties because of an emergency; definitions that in apply in respect of emergency and extend the definition of care to apply in respect of emergency leave; establish regulation making authorities in respect of emergency leave and provide that regulations made under this authority may have retroactive effect; establish confidentiality requirements in relation to leave; provide an exception to the periods of notice required for group terminations that applies in the case of an unforeseeable event or circumstance; clarify that a notice of termination for group termination may be given to concurrently with an individual notice of termination; and correct inconsistencies and errors identified in the act. Thank you, Madam Speaker.
Thank you. The motion is in order. To the principle. Member for Frame Lake.
Merci, Madame la Presidente. I support part of this bill. I support the emergency leave provisions that are being brought forward. In fact, I think it probably can and should have been done as part of an omnibus bill as part of our response to the COVID pandemic.
The part of the bill that causes me great concern is the exceptions to that it may provide for large layoffs. Currently, in the Legislation, if an employer has more than 50 employees, four weeks' notice is required, eight weeks if it's between 50 and 100 employees, 12 weeks between 100 and 300, 16 weeks if it's 300 or more employees. Clearly, the intention of the legislation was to ensure that, the larger the employer, that there is some advance notice given to their workers so that we don't flood the labour market with people being laid off. Larger employers, I think, are also better able to provide notice of this nature, given the greater size of their business.
I will be asking questions around what kind of cross-jurisdictional analysis has been done, what kind of consultation was done with organized labour in the preparation of this legislation, because I think that this will affect workers' rights. I will ask what kind of additional costs may be incurred by our government when a large employer lays off a large number of the employees and they come into the workplace and they may require income assistance, other kinds of support. I think there is going to be a cost for our government with these particular provisions.
I think it's also important that decisions around exceptions need to be made by a Minister. A Minister needs to be making that kind of decision, and the Minister should be held accountable. It should not be delegated to a staff person, and I think that we also need to look at what kind of appeal provisions may be required for this kind of a process. I certainly have a number of concerns with this bill. I look forward to a very thorough public review for the Standing Committee on Social Development, and I certainly will be encouraging organized labour to express their views on that part of the bill, as I would all members of the public, as well. In short, Madam Speaker, I am very support of the emergency leave provisions but providing exceptions to the advanced notice for larger employers, that's something that caused me great concern. Mahsi, Madam Speaker.
Thank you. To the principle.
Question.
Question has been called. All those in favour? All those opposed? The motion is carried.
---Carried
Bill 20 has had second reading and will be referred to standing committee. Second reading of bills. Minister of Finance.