First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

SENATE OF CANADA

BILL S-244 An Act to amend the Department of Employment and Social Development Act and the Employment Insurance Act (Employment Insurance Council)

AS PASSED BY THE SENATE June 18, 2024

This enactment amends the Department of Employment and Social Development Act to establish the Employment Insurance Council. It also amends the Employment Insurance Act in respect of the Council.

1st Session, 44th Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

SENATE OF CANADA

BILL S-244

An Act to amend the Department of Employment and Social Development Act and the Employment Insurance Act (Employment Insurance Council)

Preamble

Whereas factors including post-pandemic adjustment, an aging population, technological changes, new forms of work and the climate transition will generate major transformations in the labour market and require considerable adaptation on the part of employers and workers;

Whereas social dialogue is essential in order to attain a balance between economic growth and social equity and facilitates the project of a fair and equitable transition to a green economy;

Whereas social dialogue is an antidote to social polarization;

Whereas the Parliament of Canada recognizes the need to broaden the social dialogue on employment insurance;

Whereas both labour and employer representatives want to be active participants in social dialogue regarding employment insurance and skills development across Canada;

Whereas the Government of Canada supports the practice and recognizes the importance of social dialogue through its international undertakings, such as the Employment Service Convention, 1948 (No. 88) and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), adopted by the General Conference of the International Labour Organization; the Global Deal for Decent Work and Inclusive Growth (2016); and the International Labour Organization Declaration on Social Justice for a Fair Globalization (2008), among others;

Whereas the Government of Canada is a signatory to numerous free trade agreements that make reference to the practice of social dialogue;

Whereas the Government of Canada is committed to supporting the implementation of the United Nations Sustainable Development Goals;

And whereas social dialogue is linked to the many targets of the United Nations Sustainable Development Goals as specified by the International Labour Organization;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Council means the Employment Insurance Council established under section 29.‍1. (Conseil)

Particulars

(1.‍1) Without restricting the generality of subsection (1), the powers, duties and functions of the Commission include

• (a) monitoring and assessing the assistance provided under the Employment Insurance Act and reporting annually on its assessment to the Minister, who must table it in Parliament;

• (b) reviewing and approving policies related to the administration of employment benefits or support measures under the Employment Insurance Act;

• (c) making regulations under this Act and the Employment Insurance Act, subject to the approval of the Governor in Council;

• (d) engaging the services of an actuary, as described in subsection 28(4) of this Act, to perform actuarial forecasts and estimates under section 66.‍3 of the Employment Insurance Act;

• (e) setting the employment insurance premium rate for each year, in accordance with section 66 of the Employment Insurance Act; and

• (f) working in concert with the government of each province in designing and implementing benefits and measures related to employment insurance.

Rules

25 (1) The Commission may make rules respecting the calling of meetings of the Commission and generally respecting the conduct of its business or for the purpose of limiting the questions on which the Council may provide advice and make recommendations to the Commission.

PART 3.‍1 

Employment Insurance Council

Definitions

29.‍1 (1) The following definitions apply in this section.

commissioner for employers means the commissioner appointed under paragraph 20(2)‍(d). (Commissaire des employeurs)

commissioner for workers means the commissioner appointed under paragraph 20(2)‍(c). (Commissaire des travailleurs et travailleuses)

Forum of Labour Market Ministers means the federal and provincial ministers — or their representatives — responsible for labour market policies and programs. (Forum des ministres du marché du travail)

Establishment

(2) An advisory council, to be known as the Employment Insurance Council, is established to provide advice and make recommendations to the Commission, on its own initiative or at the Commission’s request, on any matter related to the powers, duties and functions of the Commission, subject to any limits that the Commission may establish in accordance with subsection 25(1).

Powers

(3) In carrying out its mandate, the Council may

• (a) invite persons who are not members of the Council to attend its meetings;

• (b) establish working groups that may include persons who are not members of the Council;

• (c) issue public opinions on matters related to the Commission’s work; and

• (d) prepare reports relating to the work of the Commission and ask the Commission to present these reports to the Minister so that they may be tabled in Parliament.

Composition

(4) The Council is composed of not fewer than 12 members representing, in equal numbers, organizations of workers and organizations of employers, including

• (a) the commissioners appointed under paragraphs 20(2)‍(c) and (d), who serve as co-chairs of the Council;

• (b) not fewer than five members — appointed by the Governor in Council on the recommendation of the commissioner for workers — who must be from the most representative labour organizations; and

• (c) not fewer than five members — appointed by the Governor in Council on the recommendation of the commissioner for employers — who must be from the most representative employer organizations.

Observing members

(5) In addition to the members referred to in subsection (4), the co-chairs of the Council may invite the following persons to attend meetings of the Council as observers:

• (a) representatives of the governments of the provinces and territories who are responsible for labour market policies and programs and who are designated by the Forum of Labour Market Ministers; and

• (b) Indigenous representatives and representatives of various Indigenous organizations.

Meetings of the Council

(6) The Chairperson and the Vice-Chairperson of the Commission may attend meetings of the Council as ex officio and non-voting members.

Timing of meetings

(7) The Council must hold at least three meetings every year.

Tenure

(8) The members appointed under paragraphs 4(b) and (c) hold office during good behaviour for a renewable term not exceeding five years but may be removed for cause at any time by the Governor in Council.

Executive Committee

(9) There is to be an Executive Committee of the Council that consists of the commissioners referred to in subsection 20(2).

Non-renumeration

(10) Nothing in this section provides any person with an entitlement to remuneration or benefits of any kind in relation to their service on the Council.

Council means the Employment Insurance Council established under section 29.‍1 of the Department of Employment and Social Development Act. (Conseil)

Role of the Employment Insurance Council

Advice

2.‍1 The Commission may seek advice and recommendations from the Council on any matter relating to the powers and functions of the Commission.