I do, thank you, Mr. Chairman. Good afternoon. I’m happy to be here today to present to the committee Bill 21, An Act to Amend the Employment Standards Act. This bill provides members of the Reserves Force with an entitlement to unpaid leave from their employment when they’re required to be absent from work for the purpose of service with the force. This bill also prohibits an employer from terminating an employee or changing the conditions of his or her employment because an employee is a member of the Reserves Force.
There are approximately 620 Reserves Force members in the Northwest Territories; 558 of these are Canadian Rangers located in 21 different communities throughout the Northwest Territories; 26 are instructor officers with cadet programs offering training opportunities for our youth; 10 are primary Reserves members with the 440 Squadron; and 26, as of March 23, 2011, are reservists of the Loyal Edmonton Regiment “C” Company based here in Yellowknife. The Yellowknife company was established in 2009 and is expected to grow to 150 members by 2019.
As you are likely aware, NWT-based reservists take part in a wide variety of activities here in the Northwest Territories. These include sovereignty operations, surveillance, disaster and humanitarian relief, as well as search and rescue. These are important services to residents of the Northwest Territories and to Canada.
In addition, the Canadian Rangers are an important source of local knowledge and land experience, and are considered vital to Canada’s assertion of Arctic sovereignty. In remote areas these reservists often provide important first response.
Recognizing the valuable role that our northern reservists play here in the Northwest Territories, I bring forward this legislation for your consideration today.
Currently, the Northwest Territories and Nunavut are the only two Canadian jurisdictions that do not have this type of leave and protection available for reservists in Canada. Every other province and territory has this type of leave.
In drafting this legislation, we reviewed the related legislation currently utilized in all of these other jurisdictions. From there, and keeping northern
realities in mind, we drafted this piece of legislation. The original draft was shared with local businesses, as well as the NWT Chamber of Commerce, the Yellowknife Chamber of Commerce, and the Canadian Forces Liaison Council, CFLC, as well as Company “C” here in Yellowknife for their comments and consideration. All of their comments were carefully considered and incorporated where possible.
In addition, prior to the introduction in the House last May, the draft bill was shared with the Department of Education, Culture and Employment, who is responsible for the administration of the Employment Standards Act. More recently the bill was reviewed by the Standing Committee on Social Programs. As a result of these reviews and suggestions from the Minister of Education, Culture and Employment, the Standing Committee on Social Programs, as well as CFLC, a hardship clause was included. I concurred with this direction and feel that this hardship clause makes this a stronger, more responsive bill. I thank both the Minister and committee for their thoughts and recommendations.
A hardship clause for employers provides a measure of flexibility and control for smaller organizations or for organizations whose reservist employee is a one-of or crucial member of the company, or an employee whose absence could have a detrimental impact on the organization. A hardship clause helps employers avoid the possibility of discriminating with regard to the hiring of reservists, or the employment and/or promotion of an employed reservist.
While this legislation may result in a greater availability of reservists, much in fact continues to depend on the relations between individual reservists and their employers. No legislation can, nor should, replace the goodwill that employers demonstrate towards the reservist employees. The CFLC encourages employers to consider including a military leave policy as part of their overall Human Resource Management Strategy. This legislation we are discussing today will assist reservists and employers to make informed decisions when requesting or supporting a military leave of absence.
There is some fear that this type of leave may be abused. To date the CFLC is not aware of any abuses of job protection legislation by reservists or their employers. The Canadian Forces rely on cooperative working relationships with employers. If a situation were to arise, the CFLC’s Reservist Assistance Program, the RAP, would assist. This program helps prevent conflicts between reservists and employers and assists in the resolution when necessary.
This is important legislation for reservists and for their employers. I’m happy to answer any questions that you may have.