Resuming the debate adjourned on November 3, 2008, on the motion for second reading of Bill 119, An Act to amend the Workplace Safety and Insurance Act, 1997 / Projet de loi 119, Loi modifiant la Loi de 1997 sur la sécurité professionnelle et l'assurance contre les accidents du travail.
The Speaker (Hon. Steve Peters): Further debate? The member from Simcoe-Grey.
Interjection: Soon to be minister.
Mr. Jim Wilson: I could use the promotion but I'd rather be on this side of the House at this moment when we're debating Bill 119, because I'm sorry that I have to join in this debate this morning. It's an unnecessary bill. It's a bill that will require, basically, white-collar workers in small construction firms in Ontario for the first time ever to have to purchase or pay workplace health and safety-WCB we used to call it-insurance premiums. So the name of the bill is the Workplace Safety and Insurance Amendment Act, Bill 119. This bill, I say sarcastically, must be Mr. McGuinty's way of welcoming in Small Business Month, which is this month. It's a shame that the way he has chosen to do it is certainly not cause for celebration.
Of my 18 years here in this House representing the people of
Simcoe-Grey, and prior to that Simcoe West-we get a lot of
correspondence, but the most correspondence, and you've heard me say
this many times, that I've had from constituents and concerned
Ontarians was when the German shepherd was dragged behind a pickup
truck a couple of years ago and again when a dog in Toronto was hurt
when his ears were cut to make him look more vicious; I think it was
last year or two years ago also. But this is number three, especially
hearing from the small business community, in terms of the numbers of
e-mails I have been receiving over the last two weeks. Now the letters
are starting to come in. On the weekend we were in Port Hope listening
to the folks at a town hall meeting. Many, many small business people
were there and they wanted to know what this bill was about.
The Canadian Federation of Independent Business has done a good job of
sending out a newsletter informing their membership of some 47,000
small businesses, I think; I'm not sure of the exact number. Clearly,
those small business people are figuring out that for the first time
ever they may have to pay premiums-or they will have to pay
premiums-that on average will be up to $11,000 for small businesses.
For many of those small business people that $11,000 will come out of
the owner's salary or take-home pay because there's nowhere else to
take the money from.
I'll read some e-mails here this morning, actual e-mails from my
constituents that have asked me to bring their points to the
government's attention in the hope that the government will listen. At
the very least, they would like this bill to go to committee so that
they will have more time to bring representation.
I just say to the government at the beginning, who wants this bill?
Obviously, it's a tax grab at a time when, once again, Mr. McGuinty
said he wouldn't raise taxes. It's the worst possible time in our
economic history, of modern times in Ontario and Canada and North
America, and indeed the world, to bring forward a tax grab like this.
Nobody wants it in the small business community. Absolutely no one that
actually owns, or derives their income primarily from, a small business
has said they want this. I mean, employees are already covered with the
mandatory workers' compensation, or WSIB, premiums. Even if your
company doesn't pay and then you get hurt on the job, the way the
system works in Ontario is that you will receive insurance coverage
anyway, and those benefits that you require to get you back on your
feet or that you require to live.
Most small business operators, owners-corporate officers, as they are
called-have had, just out of common sense, private insurance that gives
them 24/7 coverage, 365 days a year, which is more coverage than
they'll get when they pay the new WSIB premiums. And the private sector
coverage is better coverage and less expensive.
So this totally is devoid of common sense and support. Again, I can't
help but wonder why the government's doing it. I know the big unions
and some of the big, big businesses like it, and I would hope that
they're not just doing it for them, because it doesn't affect them; it
affects the mom-and-pop shops, the electrical shop and the construction
shop, where often it's a father and son or a family business.
The bill also imposes a requirement to obtain a clearance certificate.
You pretty well always had to do that in the past. For those at home
who don't know what that is, it's a proof that the companies you're
dealing with, your subcontractors, have WSIB registration and they're
complying with all their orders and paying their premiums. You have to
get this certificate from your subcontractors before construction
begins and you retain the certificate for three years in case of an
audit.
0910
Now, one good thing about this bill, I guess-because they really would
be subject to the wrath of Ontarians if this bill were to apply to
homeowners who retained contractors to do home renovation work, but so
far they're exempt, but Big Brother is creeping in. I just moved seven
houses, from one end of my subdivision in Wasaga Beach to the other
end, and I've been trying to get electricians and carpenters and
various people in. So far I don't have to pay their premiums, but you
never know the way this government goes.
You're getting people where the most damage that's going to happen to
them is paper cuts, because they are white-collar workers for the most
part, the owners. As we see in a lot of the e-mails, site management is
done by site managers and not often by the owners in these cases.
You're requiring these people who already have insurance coverage to
pay up to an $11,000 tax.
There are also very, very severe penalties for anyone who doesn't pay
their $11,000-a-year tax to the government. They're dramatic new
penalties that we hadn't seen before.
The government says that the reason they want the bill is to crack down
on the underground economy. This will create a bigger underground
economy. You're not going to pop your head up and pay anything or
register for anything now that premiums have gone through the
roof-unnecessary premiums. That just defies common sense. We've seen
this happen before when governments got too tax-greedy; that's what
created the underground economy in the first place. There's no way
you're going to pop your head up under this new system. Your employees
will be covered anyway. You'll let the big businesses, who think the
bill is going to do them some good and take the pressure off them-it's
going to put more pressure on them. Where I come from, people usually
offer you cash as it is now to build your deck or renovate your house.
It'� ll just get worse. Why pop your head up? You'll be subject to
inspections and audits and all kinds of things, and you won't make a
living anyway, so you might as well take your chances in the
underground economy. That's exactly what will happen.
According to the Canadian Federation of Independent Business, as I
said, the average tax hike on small and medium-sized businesses caused
by this bill will be $11,000 annually. They question why the government
would do this, in this type of economy especially. The WSIB already has
significant tools in the legislation to crack down on the underground
economy in a legitimate way. If my party were in government, we'd
encourage them, as we always did, to continue to do that the best they
can. But bringing in a new tax will drive things in the opposite
direction.
I'll just start to read some of the e-mails in the time I have left,
just to emphasize how truly unpopular this bill is in my riding, and I
suspect it's equally unpopular in Liberal members' ridings. In fact, in
those Liberal-held ridings, constituents must be in complete
bewilderment, because I'm sure you didn't talk about bringing in an
$11,000 tax during the all-candidates' meetings in the election last
year. I'm sure people wouldn't have voted for you if they had known
this was exactly what you were going to do, especially after having two
elections where Mr. McGuinty has clearly broken his promises and
brought in new taxes after each election. Here's another one. This time
it happens to be in one of the government agencies-which is the
government; the government controls the WSIB, sets all the rules and
appoints the board and chairman. This is the government.
From Simcoe-Grey, the first e-mail I have is from Rick Fess of
Doner-Hosley Insurance, which is located on Victoria Street, the main
street of Alliston. Rick writes:
"Hi, Jim. Please do whatever you can to stop the current WSIB
legislation now in second reading from going any further. This is just
a disguised tax grab for the WSIB to further hurt small businesses. Ask
the Liberals if they don't think enough jobs have been lost in Ontario
already without this legislation taking money directly out of the
pockets of small businesses. Thank you."
Maybe during the questions and comments part after my remarks, one of the Liberal members could answer Rick's question.
The next e-mail is from John McFarland, a master electrician at Nu-Tek
Electric in Alliston, and I think he was president of our Rotary Club
for quite some time.
"Hi Jim,
"I've been following the tactics for the Liberal government, especially
Labour Minister Fonseca and how he has no regard for input in the
matter of mandatory WSIB coverage from independent small business. All
he can listen to is the large unions who fund their agendas.
"I urge you, Jim, to do all you can as opposition party and my MPP to
stop the ramming of this bill down small businesses' throats. Send this
bill to committee hearings to be fair.
"I have included a copy of CFIB's latest letter to its membership.
"Thank you for your consideration,
"John McFarland-Nu-Tek Electric, Alliston."
I've got another e-mail here, this time from Collingwood. It's from
Madeline Quinn; she sent this to all MPPs in the Ontario Legislature.
"To members of provincial Parliament:
"I would include 'honourable' but what you are doing has no honour in it.
"The WSIB mandatory coverage legislation is by far the most
detrimental, least-thought-out, ill-conceived proposed bill aimed at
independent operators and companies in construction. The additional
cost (approximately $11,000 each) to owners, officers and directors of
a small business may very well be enough to drive a lot of businesses
further underground and/or out of business. What part of this do the
Liberals not get?
"The state of the economy, currently being very volatile and shaky has
people cutting back and rethinking what they will spend and how many
persons they can employ going forward. What we definitely don't need is
more pressure and costs to small business which would also add to
unemployment if this bill goes through. WSIB, if anything, needs to be
better regulated and not a self-governed monopoly. Perhaps you should
spend more time checking the internal problems of WSIB and less time
mandating small businesses with additional costs.
"I am a member of CFIB and thank God they are there to lobby on behalf
of small business and not as is clearly the case of this proposed bill,
by the Liberals that support big business and unions. This bill
receiving first and second reading in two days smells really rotten. If
you think no one is paying attention, think again.
"Madeline Quinn
"Assante Financial Management
"Branch manager
"Collingwood, Ontario."
I was careful to ask all of these people in my response to their
e-mails whether I could bring up their e-mails and overwhelmingly
everybody said yes; nobody said no. They wanted their e-mails read into
the record and they want the government to listen.
I have another e-mail, from Don McLaren of Phelpston. He sent this
e-mail to my colleague from Simcoe North, Garfield Dunlop, and me.
"Honourable members, please review again this letter from Judith Andrew, VP Ontario, CFIB, to Peter Fonseca.
"We don't need additional dues and red tape from WSIB in any sector in Ontario.
"As owners we have carried personal coverage for years and need to continue doing so for 24-hour coverage.
"Thanks
"Don McLaren
"McLaren Equipment Ltd.
"Horseshoe Valley Road
"Barrie (Phelpston) Ontario."
That's not all; I have more. This e-mail comes from a chartered accountant in Tottenham:
"Dear Mr. Wilson:
"I am writing to you as my MPP to ask you to address the matter of the
WSIB mandatory coverage legislation that is presently being tabled by
Honourable Peter Fonseca. The added financial burden of this
legislation will make it increasingly difficult for small and
medium-sized businesses to remain in business-especially in these
(potentially) recessionary times."
That's Marino Vereecke from Tottenham, chartered accountant.
I have another e-mail here, from the Beild House Country Inn and Spa-a beautiful spot-in Collingwood. It says:
"Hello Jim:
"I have been urged by the Ontario Accommodation Association to contact
my MPP with regards to current legislation before the Legislature
regarding the extension of WSIB payments on behalf of owners and
directors in the construction industry.
"While, of course, this would not cover our business now, it would over
time no doubt expand to tourism. As you know, the tourism industry is
hurting badly in this province at the same time that government is
reducing funding in this area. This, in combination with the added
costs that have been associated with the changes in government
regulation with regards to fire codes, would be an additional burden
our industry can ill-afford.
"I urge you to speak out loudly that this additional cost to business
at this time is ill advised. I think we are overregulated as it is and
do not wish to see more.
"Kindest regards,
"Bill Barclay
"Beild House Country Inn and Spa
"Collingwood, Ontario."
Just the last one for this morning, and I hope many more, if this bill
goes to committee on the next reading. This particular e-mail is from
Elmvale. It says:
"Dear Honourable Jim Wilson:
"As local business owners in your constituency, I would like to draw
attention to the proposed reforms brought by the Ministry of Labour
relating to workplace insurance. Our specific concern related to
mandatory coverage through WSIB as small business owners. This directly
affects our ability to continue to operate our businesses as it would
require us to pay an estimated $22,000 every year. We operate a
successful new home construction business in your constituency, and we
already are seeing a decline in business as a result of the economy. We
already fully report and submit premiums for all of our employees to
ensure that they are fully covered. We feel this proposed mandated
legislation unfairly punishes those of us who operate our business
completely aboveboard, reporting and remitting all of our payroll,
income and sales taxes, where those who continue to evade their taxes
in our industry still won't contribute their share under this
legislation. This legislation doesn't consider that we already cover
ourselves with private insurance, with much better coverage and lower
premiums than WSIB is offering. We also don't believe we would benefit
from any mandatory coverage under the current system as we most likely
wouldn't qualify for payouts as employers. If this legislation truly
was for the safety and insurance purposes, they should allow owners to
show proof of private insurance. Please consider carefully these
proposed changes that would require us to have mandatory WSIB coverage
as owners.
"Thank you for your attention to this important matter;
"Kerry and Brent Langman
"Advantage Homes
"Elmvale, Ontario"
0920
If this bill is going to hurt small business so much, as we see from
the letters I've just read from small business operators, who on earth
benefits from this legislation? Well, it's not small business. The only
people to benefit are big business and big unions, as I've said. We all
know who the big unions are in this province. They're the ones who make
up the infamous Working Families Coalition.
For those who don't recall, the WFC, the Working Families Coalition,
was formed in 2003 with the primary purpose of defeating the
then-incumbent PC government. It's an Ontario non-share capital
corporation with a stated purpose of running a multimedia election
advertising campaign, including television advertising, using the
catchphrase in 2003, "Not this time, Ernie." Then, in 2007, the
coalition grew to include 10 unions and once again attacked the PC
Party, and this time the NDP, using an aggressive advertising campaign
with the catchphrase, "You decide." This group's activities are an
unprecedented third party intervention into Ontario politics.
Which unions make up the Working Families Coalition? In 2003, it
comprised the Ontario building trades council, the Ontario English
Catholic Teachers' Association and the Ontario Nurses' Association. In
the lead-up to the 2007 election, it grew and included the Ontario
English Catholic Teachers' Association; the Canadian Auto Workers; the
Ontario Secondary School Teachers' Federation; the International
Brotherhood of Boilermakers, Local 128; the International Brotherhood
of Electrical Workers; Millwrights; the International Union of
Operating Engineers, Local 793; Painters District Council 46; the
Ontario Pipe Trades Council; the International Brotherhood of
Electrical Workers-about five different locals there, and joined again
in late 2007 for the campaign-the International Union of Elevator
Constructors; along with the International Association of Bridge,
Structural Ornamental and Reinforcing Iron Workers; the Ontario Pipe
Trades Council; and there are about four more on the list.
The point being, these are the unions that will benefit from this. The
people who will pay the $11,000-and in one case, in my riding, as the
e-mail said, $22,000, because there are two business owners who will
have to pay the new premiums-don't get additional coverage; they get
worse coverage than they do under private insurance. They'll be paying
two insurances. They're not even sure, under this legislation, whether,
as employers, they'll ever be able to claim under the insurance. The
only ones who seem to be benefiting are those who opposed the PCs and
the NDP-the PCs in the 2003 election and the PCs and the NDP.
The Working Families Coalition-a nice, catchy title for a bunch of
people who hate the PCs and the NDP, and who seem to be more often than
not receiving legislation and regulations, especially the
journeymen-to-apprentice ratio that I keep bringing up and my
colleagues keep bringing up on this side of the House that needs to be
changed in order to create jobs and apprentice positions for young
people in this province. They're the ones, the Working Families
Coalition, that benefit from the status quo. They raised $5 million for
the Liberals in 2007, and they are sure making sure that they're
getting payback at this time.
CLICK HERE TO READ THE ENTIRE DEBATE FROM HANSARD
|