Relieving Grieving Parents of an Administrative Burden Act (Evan's Law)

Bill C-222, Relieving Grieving Parents of an Administrative Burden Act (Evan's Law) · Report stage · now at second reading in the Senate Where it stands

What Bill C-222 would do

The bill would allow a person receiving Employment Insurance benefits to care for a newborn or newly adopted child to keep receiving those benefits if the child dies during that period. It would also amend the Canada Labour Code so that an employee remains entitled to maternity or parental leave if the child dies during their leave.

Official text (opens in a new tab)

4 statements

Kelly Block, Carlton Trail—Eagle Creek

Conservative

Linked statement

“I support this bill and want it to pass. It lets parents keep their parental leave and employment insurance benefits if their baby dies. Right now, grieving parents have to fill out new paperwork and make reports every two weeks just to get sick leave. This bill removes that burden and gives them the time and money they were already promised.”
Official Hansard

Mr. Speaker, I am pleased to rise today to discuss Private Member’s Bill C-222, an act to amend the Employment Insurance Act and the Canada Labour Code with respect to the death of a child, introduced by the member for Burnaby North—Seymour. I would like to commend the member for taking up such an important issue and for working with all sides of the House to advance this bill through Parliament. I also want to congratulate him for obtaining a royal recommendation from the government, which allows the bill to proceed. I would also like to acknowledge my Conservative colleague, the member for Sherwood Park—Fort Saskatchewan, for his work in collaborating with the member for Burnaby North—Seymour to have the bill move through the various stages, including our own internal caucus review process. During his intervention in the last session, the member for Sherwood Park—Fort Saskatchewan provided members of the House with an excellent summary of the collaborative effort across party lines that it has taken to get to this point, with various members of different parties championing this issue at one time or another, a journey that began over a decade ago with a motion put forward by our colleague from Airdrie—Cochrane that began the conversation in the House on offering more support to parents dealing with loss. That motion recognized that parents who have paid into a parental leave system and then face the loss of a child should obviously not be forced immediately back to work. It highlighted the need, and it called for a system to be put in place that would allow them to continue to receive benefits that they have paid for, with, as my colleague so eloquently stated, clarity and simplicity and without disruption and red tape. The member for Sherwood Park—Fort Saskatchewan is a passionate parliamentarian and carries out his duties as shadow minister for employment effectively and efficiently. I would also like to acknowledge his work to explore the issue of what happens when a parent on leave dies during the benefit period. While it is outside the scope of this bill, I do hope that this issue will also be addressed. This legislation addresses a topic that many of us do not want to think about. The loss of a child shortly after birth or adoption is an almost unbearable thought, yet it is a reality for so many families. In his speech at second reading, the member for Burnaby North—Seymour mentioned that approximately 1,600 families in Canada are faced with this tragedy each year. I want to state for the record that I support the bill and am looking forward to its passage through the House. I hope that if it passes here, the other place will take up the legislation quickly so our current laws can be changed to support grieving families. The purpose of the legislation is to support grieving families in two meaningful ways. First, the legislation would amend the Employment Insurance Act to allow a person who is entitled to employment insurance benefits following the birth or adoption of a child to remain eligible for those same benefits even if the child dies during the benefit period. Practically, what this means is that grieving parents would be able to continue receiving maternity or parental EI benefits for the entire period to which they would have been entitled had the tragic loss not occurred. This change means that parents would not need to apply for a different benefit because their parental EI support ended. Second, this legislation would also amend the Canada Labour Code to extend the period of bereavement leave to which someone is entitled in the event of the death of a child. The bill would ensure that if a child passes near the end of a parent’s leave period, the grieving parent would be entitled to a minimum of five weeks of leave following their loss. Why are these changes necessary? As I mentioned earlier in my remarks, these proposed changes would potentially benefit 1,600 individuals, or 3,200 when you consider that when a child dies, two parents are impacted, not just the individual who was collecting EI. Additionally, the change would also benefit the families of bereaved parents. There could be other children in the family. There could be grandparents and others. What this change would do is relieve the financial pressure on the grieving couple and their loved ones. If the bill passes, people would be eligible to remain on parental EI and receive financial support as they experience and work through unexpected grief. Additionally, they would be able to stay on a form of EI that does not require biweekly reporting. Currently, grieving parents who no longer are eligible to receive parental EI may be able to access other EI supports. However, switching to a different EI stream, such as EI sickness benefits, requires a whole new claim. It requires the applicant to submit medical documentation to support the claim. Additionally, if the application is approved, the new form of EI benefit requires that reports be submitted every two weeks to justify the EI claim. Can members imagine trying to put together a new EI claim at a time when we are already stressed and numb with grief? If we get the new claim submitted and it is approved, can members imagine being asked to relive their grief over and over again by having to articulate the reasoning for their EI claim? The reason for the EI claim does not change from week to week, so it makes no sense to require parents to reapply for EI benefits that they would otherwise be entitled to receive had tragedy not struck their family. Additionally, it takes a government employee time to process biweekly reports. We do not need to add unnecessary work to the program’s administrators or red tape to those seeking these benefits. For those reasons, the proposed legislation is not just compassionate; it is common sense. In closing, as a mother of four and a grandmother of 11, I am very thankful for the maternal and pediatric health care that we have in the country. We can be grateful that the measures proposed in the bill would not impact the vast majority of Canadians. Not everything we do in this place needs to affect millions of Canadians. It is important that we as parliamentarians recognize and consider the challenges that perhaps a small number of Canadians face. I believe the changes proposed in the legislation are going to make a huge difference for those who find themselves requiring it. As I mentioned earlier, I do support the bill, and I look forward to voting in favour of it very soon.

Jeff Kibble, Cowichan—Malahat—Langford

Conservative
“I support this bill, and I want the House to pass it quickly. Right now, parents lose their parental benefits and leave if their child dies. This bill lets them keep those benefits without having to fill out more paperwork. I also want the government to put money in the next budget to protect benefits when a parent dies. Finally, I ask Canadians to sign petition e-7765 to give better support to families who lose a baby during pregnancy.”
Official Hansard

Mr. Speaker, I am surprised to learn that my colleague is a grandmother of 11. I rise today at final reading to examine and explore Bill C-222, known as Evan’s law, an act to amend the Employment Insurance Act and the Canada Labour Code regarding the death of a child. I speak for the families of Cowichan—Malahat—Langford, from Cowichan Valley to the west shore. I speak for the parents of a Vancouver Island family who welcomed a child into their lives, and who were then asked to bear the unbearable. I served in uniform and that service brings a different perspective to the value of life. Those who serve and the families who wait for them know how quickly a life can change with one day, one phone call, one sentence that can never be taken back. This is the lens I bring to this bill. Allow me to explain what the bill would do. When a parent receives employment insurance, maternity or parental benefits, those benefits are tied to a child. Under the current rules, if that child sadly dies, parental benefits end. A parent may switch to sickness benefits, but must report to Service Canada every two weeks to show that they are still grieving. If they do not call within a week of that death, the debt begins to build that the Canada Revenue Agency will later claw back. The Canada Labour Code carries a similar gap, and leave protections may be cut short. Let us consider what that asks of a family. They are grieving and the system presents them with paperwork. Bill C-222 would correct that, and a parent would keep the claim already in place. They would not file again, and they would not have to learn new rules. They would be given time, and time is the one thing grief demands. I look forward to collaborating with the government on this. When a sound idea comes from the government benches, the right response is to acknowledge it. I have read this bill, and I have weighed both what it accomplishes and what it leaves undone. This work did not begin in this Parliament. More than 10 years ago, the member for Airdrie—Cochrane brought forward motion 110, which opened the national conversation on supporting parents who lose a child. This bill rests upon that work. It rests as well upon the courage of families, beginning with the family of Evan, for whom this law is named, who spoke publicly about the hardest day of their lives so that others would not face it alone. To those families, the House owes more than gratitude; it owes results. While Bill C-222 speaks to the loss of a child, it does not yet speak to the loss of a parent. Let us consider a parent receiving parental leave benefits who passes away. That parent paid into the system. They earned those benefits. In a case in a colleague’s riding, the benefits were cut off the moment a parent died. A family already grieving was handed financial hardship on top of their loss. A family that has lost a parent should not also lose what a parent paid for. This is the principle in the bill before us, but applied to a family it leaves out. If we hold that grieving families deserve time and stability, we cannot hold it only when the loss runs in one direction. Grief does not ask which way the law was written. Some will ask why this important issue was simply not added to this bill, and the answer is a rule worth understanding. Under our procedures, a private member’s bill that spends new public money cannot become law without a royal recommendation. This is the government’s formal approval to spend, and without it, a bill, even with majority support, cannot pass. The question was never only what is right, but what is possible, and I understand that. However, through good faith across party lines, a path was found. While this bill advances, it advances with a recommendation in support of families who lose a child. The human resources committee has agreed to study the extension of parental leave when a parent dies and has requested the cost from the Parliamentary Budget Officer. This is progress, and I welcome it, but a study is not a solution. A committee report does not help a family this month, and that is why timing matters. This debate falls just nine days before the budget is tabled. A budget is the place where the government’s words become commitments. I therefore ask the government plainly to place the additional parental loss benefits to parents in the budget and expand parental leave protections to families who lose a parent. Our shadow minister for employment expects the cost to be modest, because the measure would extend benefits that already exist with leave periods that already exist, for a small number of families who have already paid into the system. The figure from the Parliamentary Budget Officer will show whether that expectation is sound. We remember that an announcement is not a binding commitment, but a line in a budget is. I will continue to press for it in the House, regardless of who holds government. The committee has also agreed to undertake a longer study of employment insurance parental leave in general, and it wishes to hear from Canadians, so those who have lived this or who hold ideas on reform may share them with my office, and I will ensure that they reach the committee. Their experience will shape what comes next. There is one more family of whom I wish to speak, because their story shows where this work does not end. Recently a Vancouver Island couple lost their son in the second trimester of pregnancy. Alongside their grief, they met a second difficulty. They did not know what respectful options were open to them. They did not know whom to ask or whether they could lay their son to rest as they hoped. With the help of a priest, at a cemetery in Cobble Hill near where I live, they could. The father built a tiny oak casket, the mother made a pillow, and their son was buried with prayer and dignity. Their question afterward was simple: Why should any grieving family have to find these answers by chance? From that question grew the Journi May Dignity Initiative, and it calls for compassionate communications, clear written information and meaningful choices for families after pregnancy loss. It is a House of Commons petition, e-7765. It is open for signature today. It is not closed. It has not been tabled. It calls upon the Government of Canada to “Develop and implement a Pregnancy Loss Dignity Protocol within areas of federal jurisdiction” and to encourage provinces and territories to review their own practices. Until it closes, every name counts. As such, I invite every resident of Cowichan—Malahat—Langford and every Canadian to read Journi’s story and to sign petition e-7765. That couple asked a simple question, and Parliament can help answer it. Let me close with what the House can do: advance the bill before us without delay; complete its commitment for the committee to study the loss of a parent and bring forward legislation; place that extension in the budget; hear from Canadians on parental leave reform; and listen to families, such as the family from Cobble Hill on Vancouver Island, so that no grieving family searches alone for a dignified path. Supporting grieving families is not a partisan act. It is a standard and one worth upholding, whoever forms government, so I look forward to supporting the bill. I thank the member opposite for their work, and I look forward to seeing further work in expanding the benefits for grieving families, as agreed by committee.

Terry Beech, Burnaby North—Seymour

Liberal
“I move that the House agree to this bill with its new changes.”
Official Hansard

moved that the bill, as amended, be concurred in at report stage with further amendments.

Terry Beech, Burnaby North—Seymour

Liberal
“I am asking for a recorded vote on this bill.”
Official Hansard

Mr. Speaker, I thank everybody who made this possible. I would request a recorded division, please.

Discussion

No comments yet

See the full discussion

Comment rules

More from sitting 156

  1. Government Orders Business of Supply 105 statements
  2. Oral Questions The Economy 8 statements
  3. Oral Questions Housing 6 statements
  4. Oral Questions Oil and Gas Industry 4 statements
  5. Oral Questions Finance 10 statements
  6. Oral Questions Labour 4 statements
  7. Oral Questions Steel and Aluminum Industry 5 statements
  8. Oral Questions Veterans Affairs 2 statements
  9. Oral Questions Housing 8 statements
  10. Oral Questions Intergovernmental Relations 6 statements
  11. Oral Questions Government Appointments 4 statements
  12. Oral Questions Fisheries and Oceans 8 statements
  13. Oral Questions Youth 2 statements
  14. Oral Questions Small Business 2 statements
  15. Oral Questions Natural Resources 6 statements
  16. Oral Questions International Trade 2 statements
  17. Oral Questions Rail Transportation 2 statements
  18. Oral Questions Marine Transportation 2 statements
  19. Government Orders Business of Supply 41 statements
  20. Oral Questions Natural Resources 2 statements
  21. Government Orders Business of Supply 17 statements
  22. Private Members' Business Relieving Grieving Parents of an Administrative Burden Act (Evan's Law) 2 statements
  23. Government Orders Committees of the House 2 statements
  24. Private Members' Business Relieving Grieving Parents of an Administrative Burden Act (Evan's Law) 4 statements
  25. Orders of the Day Concurrence in Committee Reports 71 statements
  26. Adjournment Proceedings Adjournment Proceedings 4 statements
  27. Adjournment Proceedings Adjournment Proceedings 4 statements
  28. Adjournment Proceedings Adjournment Proceedings 4 statements