June 30, 1972

LIB

Raymond J. Perrault (Parliamentary Secretary to the Minister of Manpower and Immigration)

Liberal

Mr. Perrault:

Yes.

Topic:   PRIVATE MEMBERS' PUBLIC BILLS
Subtopic:   CANADA LABOUR CODE
Sub-subtopic:   PROVISION FOR TEN GENERAL HOLIDAYS WITH PAY
Permalink
NDP

Stanley Howard Knowles (N.D.P. House Leader; Whip of the N.D.P.)

New Democratic Party

Mr. Knowles (Winnipeg North Centre):

Since the parliamentary secretary is enjoying giving this bit of history, would he also note that when the statutory holidays provision was first brought in by the Liberal government, it provided for only seven general holidays, and that it was because I moved an amendment which was carried in the House that the number was increased to eight?

Topic:   PRIVATE MEMBERS' PUBLIC BILLS
Subtopic:   CANADA LABOUR CODE
Sub-subtopic:   PROVISION FOR TEN GENERAL HOLIDAYS WITH PAY
Permalink
LIB

Raymond J. Perrault (Parliamentary Secretary to the Minister of Manpower and Immigration)

Liberal

Mr. Perrault:

Mr. Speaker, I think that in many areas we have made progress in Canada, and I think any government member would be the first to acknowledge that government supporters do not possess all of the desire for social reform in this country. There have been useful contributions made by members who sit in all parts of this House; that is freely acknowledged.

Earlier in his speech the hon. member pointed out that what we do here is very important provincially, that provincial governments are affected by the laws we pass. This is a factor in the thinking of the government. For example, when it comes to minimum wage legislation, the fact, for example, that in Manitoba the minimum wage is lower than it is under federal jurisdiction, as it is in some of the other provinces, has an affect on the federal government when it moves to set an adequate federal minimum wage within its jurisdiction. Because we know that our actions affect the competitive situation in the provinces, if we fail to take into account their standards, unilateral actions here would be the actions of an irresponsible federal government. The relevant federal statute provides:

If Christmas, New Year's Day or Dominion Day falls on a Saturday or Sunday that is a non-working day for an employee, he must be given a holiday with pay on the working day immediately before or after the general holiday. These provisions regarding alternative days off do not apply, however, to employees covered by a collective agreement that entitles them to at least eight paid holidays a year.

Mr. Speaker, other members wish to speak on this bill and I do not want to continue my remarks at their expense. It can be seen that the picture is a rather mixed one across the country and that different standards appear to apply, depending upon regional considerations. Undoubtedly, the hon. member's proposal may come to pass in time, but the time may not yet have arrived.

Topic:   PRIVATE MEMBERS' PUBLIC BILLS
Subtopic:   CANADA LABOUR CODE
Sub-subtopic:   PROVISION FOR TEN GENERAL HOLIDAYS WITH PAY
Permalink
NDP

Stanley Howard Knowles (N.D.P. House Leader; Whip of the N.D.P.)

New Democratic Party

Mr. Knowles (Winnipeg North Centre):

It will come in time, but not in Liberal time.

Topic:   PRIVATE MEMBERS' PUBLIC BILLS
Subtopic:   CANADA LABOUR CODE
Sub-subtopic:   PROVISION FOR TEN GENERAL HOLIDAYS WITH PAY
Permalink

THE ROYAL ASSENT

LIB

Prosper Boulanger (Assistant Deputy Chair of Committees of the Whole)

Liberal

The Acting Speaker (Mr. Boulanger):

I have the honour to inform the House that the following communication has been received:

Topic:   THE ROYAL ASSENT
Permalink

GOVERNMENT HOUSE OTTAWA


30 June 1972 Sir, I have the honour to inform you that the Honourable Roland A. Ritchie, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 30th day of June, at 4.45 p.m. for the purpose of giving Royal Assent to certain Bills. I have the honour to be, Sir, Your obedient servant, Andre Garneau Colonel Administrative Secretary.


PRIVATE MEMBERS' PUBLIC BILLS

CANADA LABOUR CODE


The House resumed consideration of the motion of Mr. Knowles (Winnipeg North Centre) that Bill C-21, to amend the Canada Labour Code (provision for ten general holidays with pay), be read the second time and referred to the Standing Committee on Labour, Manpower and Immigration.


LIB

Albert Béchard (Parliamentary Secretary to the Minister of Justice and Attorney General of Canada)

Liberal

Mr. Albert Bechard (Parliamentary Secretary to Minister of Justice):

Mr. Speaker, the Canada Labour Code has provided so far for eight general holidays a year with pay for all employees under the jurisdiction of the Canadian government.

Bill C-21, moved by the hon. member for Winnipeg North Centre (Mr. Knowles), does not amend in any way section 51 of the Code under which, in order to conform to special or local conditions, another holiday may be substituted for one of those listed in the act.

The new provision, increasing the number of holidays with pay in the year from eight to ten would allow all employees covered by the federal Labour Code to benefit from at least ten holidays with pay during each year of employment.

Here are the proposed holidays: New Year's Day, Good Friday, Victoria Day, Dominion Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day- these are the eight days already provided for in the Labour Code-plus the two new holidays with pay cov-

June 30, 1972

ered by the bill: one day in February and another in August, to be fixed by proclamation.

The definition of "holiday" appearing in section 26 of the Canadian Labour Code would be repealed and replaced by the one appearing in section 1 of Bill C-21 today before the House, reading as follows:

"general holiday" means New Year's Day, a day in February to be fixed by proclamation, Good Friday, Victoria Day, Dominion Day-

-or Canada Day, according to the expression used- Labour Day, Thanksgiving Day, Remembrance Day and Christmas Day and includes any day substituted for any such holiday pursuant to section 51;"

Subsection (2) of section 51 of the Canada Labour Code is repealed and the following substituted therefor:

"(2) Where a collective agreement that is in effect on the day this Part comes into force provides for at least ten holidays with pay in each year, exclusive of any annual vacation, the employer who is bound by the collective agreement may designate a holiday specified in the agreement as a holiday in lieu of a specified general holiday under this Division and, on notification thereof to the Minister, that designated holiday shall, for those employees of the employer who are mentioned in the collective agreement, be a general holiday for the purposes of this Part during the period the collective agreement is in effect.

This proposal by the member for Winnipeg North Centre is a definite improvement over the conditions prevailing in the industry. We must recognize, as the Parliamentary Secretary to the Minister of Manpower and Immigration (Mr. Perrault) did, the value of some representations made by members opposite. However, we note-and we hope that hon. members opposite do as well-that since 1965 the number of employees who have more than eight days of general holidays has substantially increased.

Thus, according to the survey made by the federal Department of Labour, on October 1, 1970, 71 per cent of workers other than office employees enjoyed nine days of general holidays. For office employees, the proportion was 84 per cent. According to the same survey, relating to ten paid holidays, the percentages are as follows: 40 per cent for office employees and 21 per cent for other employees.

The Parliamentary Secretary to the Minister of Manpower and Immigration said earlier that only Saskatchewan, British Columbia and Alberta have legislation similar to that of the federal government. Thus, for example, the first two provinces have eight paid holidays and Alberta five. In Manitoba and in Ontario, it is stipulated that work done on any of the seven holidays will be paid at overtime rates. In Nova Scotia, the number of paid holidays is not stipulated. In Quebec, legislation provides seven days when stores must close.

Topic:   PRIVATE MEMBERS' PUBLIC BILLS
Subtopic:   CANADA LABOUR CODE
Sub-subtopic:   PROVISION FOR TEN GENERAL HOLIDAYS WITH PAY
Permalink
LIB

M. Ervin Pringle

Liberal

Mr. Jerry Pringle (Fraser Valley East):

Mr. Speaker, I am pleased to speak in this debate because I have always had a great deal of respect for the hon. member who proposed the bill. Although the proposals made in other years were not successful, this bill now before us gives an opportunity to look at the whole picture of statutory holidays.

The concept of general holidays with pay as a legal requirement was introduced in 1965. Holiday observance

Canada Labour Code

is a matter of custom which has been built up over the years. Whilst these holidays usually apply to people who work from nine to five, I think we should consider the many people in this country who must work on statutory holidays. I refer to the farmer, the fisherman, the selfemployed man for whom such interruptions of work are not always possible. For this reason we should think seriously about increasing the number of statutory holidays. In certain agricultural areas, for instance, there has been some difficulty with regard to daylight saving time; some farmers have had difficulty in adjusting to it. I believe, too, that today's system of collective bargaining gives an opportunity to workers and management to work out proposals together without it being necessary for the government to legislate their rights. This is another case in which we would be doing just that.

We talk about days of celebration such as Christmas. In Canada we also celebrate Boxing Day, a custom which is not practised in the United States. I do not know whether it is generally known, but in the United States Good Friday is not a statutory holiday. We in Canada celebrate it. We celebrate Labour Day, which is a tribute to labour. That is certainly a holiday we should recognize. We also have other holidays in the year, such as birthdays of monarchs, and so on. These are not another day off for everybody. Through collective bargaining, hours of work are regulated. We do not put in nearly as many hours of labour as we did in years gone by.

It appears, Mr. Speaker, that I have had the last word in this House of Commons.

Topic:   PRIVATE MEMBERS' PUBLIC BILLS
Subtopic:   CANADA LABOUR CODE
Sub-subtopic:   PROVISION FOR TEN GENERAL HOLIDAYS WITH PAY
Permalink
?

An hon. Member:

Until Tuesday.

Topic:   PRIVATE MEMBERS' PUBLIC BILLS
Subtopic:   CANADA LABOUR CODE
Sub-subtopic:   PROVISION FOR TEN GENERAL HOLIDAYS WITH PAY
Permalink
LIB

Prosper Boulanger (Assistant Deputy Chair of Committees of the Whole)

Liberal

The Acting Speaker (Mr. Boulanger):

Order.

Topic:   PRIVATE MEMBERS' PUBLIC BILLS
Subtopic:   CANADA LABOUR CODE
Sub-subtopic:   PROVISION FOR TEN GENERAL HOLIDAYS WITH PAY
Permalink

THE ROYAL ASSENT


A message was delivered by the Gentleman Usher of the Black Rod, as follows: Mr. Speaker, the Honourable the Deputy Governor General desires the immediate attendance of this honourable House in the chamber of the honourable the Senate. Accordingly, Mr. Speaker with the House went up to the Senate chamber. And being returned: Mr. Speaker informed the House that the Deputy Governor General had been pleased to give, in Her Majesty's name, the royal assent to the following bills: Bill C-195, an act to amend the Adult Occupational Training Act-Chapter No. 14 Bill C-204, an act to amend the Canadian Wheat Board Act- Chapter No. 16 Bill S-3, an act to change the names of the territorial court of the Yukon Territory and the territorial court of the Northwest Territories-Chapter No. 17



June 30, 1972 Canada Labour Code Bill C-221, an act for granting to Her Majesty certain sums of money for the public service for the financial year ending 31st March, 1973-Chapter No. 15. At 5.10 p.m. the House adjourned, without question put, until Tuesday, July 4, at two o'clock p.m., pursuant to special order.



Tuesday. luly 4, 1972


June 30, 1972