An Act to amend the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (deletion of deduction from annuity)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

This bill was previously introduced in the 40th Parliament, 2nd Session and the 40th Parliament, 1st Session.

Sponsor

Peter Stoffer  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of Nov. 21, 2008
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act to eliminate the deduction of Canada Pension Plan benefits from the annuity payable under each of these Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 5, 2010 Passed That Bill C-201, An Act to amend the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (deletion of deduction from annuity), as amended, be concurred in at report stage with further amendments.
May 5, 2010 Passed That Bill C-201 be amended by restoring the title as follows: “An Act to amend the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (deletion of deduction from annuity)”
May 13, 2009 Passed That the Bill be now read a second time and referred to the Standing Committee on Veterans Affairs.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 10:25 a.m.
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Conservative

Dave MacKenzie Conservative Oxford, ON

Mr. Speaker, I am sure the hon. member, if he were to read through Bill C-18, would see that it does just that. It does bring fairness to a number of areas within the RCMP.

I recognize his comments and I am well aware of those comments. I have lived that, as members of my family are living it today, but this is about Bill C-18, a bill that would bring fairness to members of the RCMP and perhaps members of the RCMP who wish to transfer to other forces at the same time. It does give that portability. I think that if members in the House were to read Bill C-18, they would see that it is about creating a fairer, more level playing field for all police in Canada.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 10:25 a.m.
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Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Mr. Speaker, thank you for this opportunity to speak on Bill An Act to amend the Royal Canadian Mounted Police Superannuation Act, to validate certain calculations and to amend other Acts

It is understood that our party will be in favour of this bill, although it is now at the third reading stage. The parliamentary secretary who spoke on it a few minutes ago will recognize that what we are looking at affords us a real opportunity to address a major issue, the whole matter of the treatment of the hard-working men and women in the ranks of the RCMP who represent one aspect of our country. We have great recognition on the international level in this respect.

The bill before us today provides us with an opportunity to move ahead with respect to transformation of pensions to ensure there is portability for members of the RCMP, something which has been quite rightly pointed out as long overdue. It also gives us an opportunity to expand on the real concerns that underlie the current status of the men and women in the RCMP who continue to do us proud each and every day.

It is not lost on us on the opposition side that when a government comes to power claiming that it is going to hire 2,500 new police officers across the country and fails to deliver means that we cannot pick and choose or that we are going to support this or ignore that, or that we are going to get around to it some point down the road.

We can have all the good legislation we want crafted by this great Parliament, but if it is not properly enforced, or if we are underresourcing our ability to meet the objectives of Canadians for safe streets and safe homes, something that our party campaigned on and certainly has a good track record on, then it seems to me these kinds of bills would simply be moot.

I am obviously concerned about the legislation itself. While an important first step, thankfully, a number of other glaring problems were raised in committee. This is why we have committees. They allow us the opportunity to sit back and to look at some of the other objections that are brought forward.

We heard very able testimony from witnesses at committee. We heard from Mr. Gaétan Delisle, a man who has fought very hard to ensure that morale is restored within the RCMP, but he is by no means the only one. There are others, like the British Columbia Mounted Police Professional Association, and people like Pete Merrifield, a great constable and an individual who ran for the Conservative Party many years ago. All underscored through their own efforts and trials, and regrettably their own pain, some of the problems the RCMP is facing.

I do not want to be Pollyannaish about this. This is an important piece of legislation, but it is only one step in terms of fixing morale within the RCMP.

Two years ago a study was conducted in which it was determined that fully 80% of the rank and file members of the RCMP felt that their jobs were undervalued and underappreciated. How can they be blamed when the Conservative government responded by cutting back their wages even though they made a promise in June of last year?

These are very difficult times to have a wage rollback. Rank and file members of the RCMP are not protected, but senior officials within the RCMP are able to continue to get merit pay and bonus pay. This is, to my understanding and to any objective analyst's understanding, an example of some of the glaring problems that exist within the RCMP.

The importance of this legislation is found in the fact that a member of a police service that is absorbed who has had the time and the pension given to or earned by the member would be able to have that transferred and recognized under the RCMP superannuation fund. That is a very laudable goal, but it creates obvious and very distinct problems. It has been raised in committee. I certainly raised it and it was raised by witnesses. It is conceivable that a new member of the RCMP coming from another service would have a greater pension than an RCMP officer with a tenure of many years, certainly since the changes in 1994 because the six months in which the member is in training is not calculated as part of the member's pension.

There is unfinished business here. I tried to encourage the parliamentary secretary to take the message to his government that for our party it remains unfinished business and that he should undertake at least to do what he could to ensure that the gap is amended. We were told that the gap is there because when the legislation was drafted, it was thought that the income tax regulations could not be amended, and that in fact is correct. However, Parliament speaks and regulations follow. Regulations could easily have been changed or anticipated given the magnitude of the problem, which all members of Parliament understand.

I know that our colleagues in the NDP and the Bloc Québécois are well aware of that gap.

Unfortunately, this bill does not allow enough changes. What really needs to be addressed is the bigger question of equality among the services as far as pensions are concerned.

Over a number of years I have been concerned about the discrepancy that may exist between civilian members of the RCMP and members on the front line. Both jobs are valued. Both jobs are interdependent. Both jobs are necessary. Yet, it is conceivable here as well that there is a system for one and a system for the other. I am concerned that while with Bill C-18 we perhaps do not have the opportunity to fix these problems, it is important to illustrate the problems to ensure that we do not wait another eight or nine years to address what is for many in the RCMP a problem that sticks out like a sore thumb.

We all recognize that this bill is an important first step in strengthening the RCMP. However, I have some serious concerns about the government's commitment to seeing the legislation through. I mentioned several points that I think have to be considered. I have talked about the new crime legislation in the past. It can only be of worth if it is backed up with the appropriate enforcement. It is important for us to ensure that we do not fall into the trap of rhetoric as opposed to action.

I am hearing from the government that we should move ahead with this and everything will simply take care of itself. Frankly, this was just the tip of the iceberg in terms of addressing wider problems with Canada's national police force. It is important for all Canadians to recognize that much more work needs to be done. This party is very serious about doing that.

Over the past several years I have worked with members in the other place to ensure that the issue of collective bargaining is front and centre. In the next few days I am hoping to be able to present a proposal that I hope the government will consider, certainly in light of what we have seen in terms of RCMP recruitment, but also in light of the decision that was made just over a month ago, which unfortunately, the government appealed. It basically said that from a constitutional perspective, the right of collective bargaining and association must be extended to members of the RCMP.

I was at Highland Creek Public School in my riding last week. On one side of the grade eight classroom was the history of the North West Mounted Police from 1873 on. I raised the concern that many of the RCMP members are not treated in quite the same way as other police forces, certainly in our jurisdiction of Durham region and in Toronto. The two teachers who were there were shocked. They had no idea that police officers have no right of collective bargaining because they are members of the RCMP.

This is not to disparage the existing staff relations representatives who have done a very good job in the past of trying to represent members of the RCMP. However, it is to recognize that individuals who represent the RCMP and who have a grievance against the RCMP may find themselves in a bit of a conflict of interest. If an officer has a grievance against management or a superior officer, for instance, how does the officer launch a formal grievance when it requires the approval of that very senior officer or senior management within the RCMP? There is the contradiction.

To my knowledge we do not have corporate unions in this country. We have not seen those since the 1920s. Yet, it exists within the RCMP. It is time not only to talk about modernization of the RCMP, but also to modernize our view of the RCMP as a modern, functional, adaptable police service that is capable of meeting the world's best challenges and protecting Canadians. However, they too must have confidence in the system that protects and provides them assurances that they will be treated no differently than any other police service in Canada.

This bill, while an important step, was a missed opportunity for the Conservative government to demonstrate that it is serious about standing up for rank and file RCMP officers. The government knows the issue. This is not new. We know that the Canadian Police Association is also looking to ensure that there are opportunities for recruitment. The police officers recruitment fund provides funding to recruit new officers. We have heard of this from the government, but the Canadian Police Association has indicated that this funding does not in any way, shape or form help retain officers.

The more fundamental question comes when someone decides to undertake recruitment. Young people may decide to become involved in policing, which is a very noble career, one which many individuals aspire to at some point in their lives. At one stage in my life I was thinking very much about it. On doing a comparison of police services in order to decide which police service to join, it is fair to say the prestige and honour of the RCMP is not necessarily met by an equality in benefits. It is not necessarily something that people would want to look to. There is no doubt that in difficult economic times we may see a larger number of potential recruits, but in ordinary times, it is very clear to me and to many others that those who chose the services in the past may have opted to go for local police services or other regional police services, given that the benefits and protection and certain rights and privileges would not be found in the RCMP, but would be found in other services.

The bill before us, which is at third reading and I have no doubt in my mind it will pass, should be seen as a great opportunity for the government and for parliamentarians to once and for all take very seriously the needs of the men and women who do us very proud.

I have no difficulty in saying there is an individual who has done very much for the cause of the RCMP, and I will not mention him by name, but an individual whom I know is devoted to his job does not necessarily take into consideration all of these challenges which members of the RCMP face. They may even set aside the fact that there is inequality in the RCMP.

We know there have been a lot of problems with respect to concerns about how the pension was managed within the RCMP, and what the legal fund is used for in terms of advocacy, which itself is a conflict of interest. All these aside, I know full well that members of the RCMP devote themselves to the job of protecting others. There is perhaps no greater job that I can think of where one is prepared to give his or her life in the service of others.

There is a police memorial not far from here, attended every year by parliamentarians. We all have names of people whom we know who have passed before us. They are individuals who, in the cause of giving their lives, have given so much for the freedom, democracy and liberties we enjoy.

I call upon the government to look at the bill not in isolation of the bigger problem, but to see it as a necessary first step to ensuring that RCMP members are treated equally, are treated with respect and are treated in a way in which we can modernize our thinking and our approach to a modern, effective police service.

I had the privilege of serving this Parliament and the Minister of Foreign Affairs and the ministry in many missions abroad. It always struck me that the first thing the public around the world recognizes for Canada is the red serge and our officers. In most embassies around the world there is a desk officer from the RCMP.

We have to ensure that the symbol of our RCMP is also a symbol of fairness and equity. We have a higher degree of responsibility, aside from politics, to ensure that the grievances and the concerns that are being expressed day in and day out, that are being articulated now by our courts, are properly respected in the House.

I call on the justice minister and the public safety minister to pull back their willingness to consistently and continuously appeal the evolution of labour relations within the RCMP that have done the tremendous disservice of seeing our RCMP officers, men and women, left in a situation in which they are treated as second-class officers relative to other services across this country. I call upon the government to ensure that we never see a shameful act of repealing the wages or, because there is no protection for RCMP rank and file members, rolling back the wages to which they are entitled.

I appeal to the government again to ensure that it does not allow a situation where rank and file members see their wages rolled back while management and senior officers receive bonus pay and merit pay. I asked this question some time ago to the President of the Treasury Board. He sloughed it off. The reality is that not only does it create disparities between rank and file members and management, but it also creates disparities among services across this country. That cannot bode well for the higher objective of ensuring that we have an accountable public safety approach that includes, first and foremost, our RCMP.

I will be supporting the bill, but I caution, alert and continue to demand of the government that it stand up not just for the rights of Canadians to ensure fairness, but for what the RCMP so clearly deserves, which is a fair, modern labour relations agreement.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 10:45 a.m.
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Conservative

Lois Brown Conservative Newmarket—Aurora, ON

Mr. Speaker, I want to comment on something my hon. colleague said. I have been very privileged over the last decade to participate in the national memorial for our fallen officers that takes place here every year on Parliament Hill, on the last Sunday of September. I believe that event should be a command performance for any elected member who is making legislation that our law enforcement members have to enforce on the streets.

It has been a real honour for me as a volunteer with the York Regional Police to participate in that. It is an extremely moving event, and nothing more moving than the year that the officers were killed in Mayerthorpe. The parliamentary grounds were a sea of red serge, being supported by the RCMP.

My question relates to the fact that our government has seen fit to put in place things that are going to help our RCMP officers. We are the only party that has a police caucus, and we put in place the dollars for Depot division. With all these things that we have done, why is it that former governments did not see this as fairness and justice and take the issue on themselves in previous governments?

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 10:45 a.m.
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Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Mr. Speaker, I commend the hon. member for her presence and her work with respect to the police memorial. The hon. member will also know that I became one of the first backbenchers to amend the Criminal Code on an issue that was number one for our police and for public safety in 1999-2000. The hon. member will know the work I have done to combat the scourge of child exploitation, with good friends, people who worked for the Kids' Internet Safety Alliance, including some of her constituents on the issue of victims' rights.

However, I would also caution the member that over time we have seen the evolution of a police service in this country that has come out of sync with the services that are provided to others. Whether it was a Liberal government or a Conservative government, the reality is that the courts have now suggested that there is a very serious problem. In fact, it struck down current legislation that bars RCMP officers from collective bargaining.

I think that is crucial and something that did not exist prior to 2006. That has certainly been the case for the past three months, and most importantly, the government appealed that decision. If the government wants to demonstrate its support of police, it can back off, call back the appeal and allow them to elect to organize collectively.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 10:45 a.m.
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Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

Mr. Speaker, it has been noted by a number of speakers that they attend the yearly memorial for fallen law enforcement officers here in Ottawa. It is something that should be attended. But after the memorial, and more poignantly, after the funerals, with federal law enforcement officials, with the RCMP, what do the families face? We provide them a death gratuity equal to two months' salary. We are addressing the superannuation of pensions, but they will never see the pensions. Their families will never see their loved ones again, and what do we provide? We provide two months' salary.

If the government truly wanted to bring fairness and equality, would it not have also used this as an opportunity to provide for educational benefits for spouses and children of fallen federal law enforcement officers, similar to those that exist in jurisdictions such as Ontario for the Ontario Provincial Police?

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 10:45 a.m.
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Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Mr. Speaker, the hon. member for Etobicoke Centre raises an excellent, very important and very glaring omission in terms of how we treat the RCMP and its officers.

We can talk about being there, have all the right sense and purpose of emotion, and support the families of those who have lost their lives in the defence of this country, but if we are not prepared to at least honour them with a decent and sustainable pension for the family in terms of a death benefit, that is yet another example of why I think the government really has to wake up and recognize that when it comes to the RCMP, the government is barely getting a passing grade. We recognize a number of problems, which I have raised in my speech. The hon. member has just introduced a bill that I think demonstrates yet another example of how we are failing the RCMP.

The government cannot continue with this rhetoric of being strong on law and order while at the same time denying our police officers, our men and women, the rights, opportunities and benefits they so clearly deserve.

It is a shame, frankly, for anybody to be talking about this when they are not prepared to match the concerns expressed by my good colleague from Etobicoke Centre.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 10:50 a.m.
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Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

Mr. Speaker, this morning we have before us a bill that is very important for superannuates, but also for RCMP personnel.

This bill amends the Royal Canadian Mounted Police Superannuation Act, validates certain calculations and amends other acts. It was introduced by the Minister of Public Safety on March 9, and modifies the administration of the Canada Pension Plan. The changes also provide the necessary powers to broaden prior service provisions and to implement pension transfer agreements.

Anyone who works or has worked for the federal public service or a Canadian police force which has an agreement with other police forces is familiar with prior service provisions. It is standard practice when people transfer from one police force to another for them to transfer their pension fund or to buy back service.

Prior service means buying back years of service for entitlement to a full pension. Bill C-18, which we are examining today, sets the cost of buying back service according to actuarial rules.

Members are responsible for taking steps to buy back prior service and can do so through their regular pension plan, a lump sum or monthly deductions.

Moreover, the bill extends the right to buy back prior service to other Canadian pension plans. This enables eligible pension plan participants to exercise an option regarding prior service under other Canadian pension plans.

We are used to that, but in organizations such as the RCMP, it was not possible. With the introduction of transfer agreements, the RCMP will be able to enter into official agreements with other Canadian pension plans in order to authorize pension transfers to the RCMP superannuation plan.

This has been done because the RCMP wants to modernize, of course, but also because it has a very tough time recruiting and retaining personnel. It is a question of being fair to the people who work for the RCMP.

This bill amends six other acts, which I will not name, as a result of the amendments to the superannuation act.

However, while we agree with this bill, concerns have been raised. RCMP divisional representatives in Quebec recognize, as we do, that Bill C-18 is a good bill and a step in the right direction, but they are concerned, in particular with regard to cadets. Cadets are new recruits hired by the RCMP.

Until 1992, the time spent in training by cadets, as recruits are known, was included in their pensionable service. This is no longer the case, though. Although cadets are paid a lump sum for their training, the six-month training period is no longer included in their pensionable service.

RCMP divisional representatives in Quebec also say that the definitions in Bill C-18 do not recognize these young recruits. Something was added to the bill, but it does not go far enough. The RCMP also agrees with that and considers this an anomaly. In provincial and municipal police forces, recruits' six-month training period is recognized and included in pensionable service.

Take, for example, provincial police officers—I talked about this problem earlier—who want to join the Royal Canadian Mounted Police. Their six months of training are counted toward retirement. If they join the RCMP, their six months of training are recognized. However, those six months are not recognized for Royal Canadian Mounted Police cadets recruited since 1992. That is clearly unjust. The Bloc Québécois wants to reopen the discussion about this inconsistency in committee to make sure that young police officers get fair treatment and perhaps to amend other laws as well.

Another inconsistency that RCMP divisional representatives in Quebec are really worried about is the exclusion of civilian members from the RCMP pension plan. Why? Because these civilian members, who contribute to the pension plan under the Royal Canadian Mounted Police Superannuation Act, are at a disadvantage compared to the plan regular members belong to even though conditions of employment are similar. They have responsibilities and they deserve recognition too. They are subject to rules of transfer, just like regular members. They are subject to the same administrative rules about hours of work, as well as to the code of ethics. Most of them have responsibilities equivalent to 80% or more of the duties carried out by regular members. We should also bear in mind the fact that some civilian members are required to supervise regular members and to assign duties to them.

The Bloc believes that excluding them from the Royal Canadian Mounted Police pension plan is unfair. We want to take a closer look at conditions of work for civilian members of the RCMP and compare them to those of other RCMP members and other public service employees to find a suitable pension plan for them.

Another factor that causes a problem for the divisional members, and this is very important, is the long-term viability of the pension fund, as well as allocation of the cost of pension fund contributions among former members and new employees.

Bill C-18 of course allows for recognition and transfer of years of service and pension funds acquired in another federal or provincial police force, as I talked about earlier.

That recognition does not create any problems. However, when it also means recognition for senior officers in the RCMP, there is another problem. At present, about 160 senior officers in the RCMP are appointed by the commissioner or the governor in council. Employees in that category, those senior officers, are eligible for bonuses, the amount of which has been rising year after year. Those bonuses are also eligible for the pension purposes.

According to RCMP divisional representatives in Québec, the bonus may be as high as 20% of salary. They are therefore afraid that transferring the amount from the former pension fund will be insufficient to cover benefits paid out of the new one. They believe that the viability of the pension fund will be jeopardized and the balance would have to be restored, probably by increasing all employees’ contributions. In committee, people could make sure there was no problem in this regard.

When I began speaking, I said we were should help the RCMP, which is having trouble recruiting new cadets and retaining its experienced members. We know that the government committed itself a few years ago to reforming and strengthening the RCMP. In my opinion, Bill C-18 will help the RCMP to be regarded and perceived as a police force that, while elitist, still offers the same benefits as any police force, whether in Quebec or in the rest of Canada, and that is one of the best.

This is not the first time salary issues have been discussed. We are talking about the pension fund, but in the past we have discussed Royal Canadian Mounted Police wages. It will be recalled that the Conservative government recently decided to change the wage agreement it had signed with the RCMP. It made that decision completely unilaterally and the Bloc Québécois spoke out forcefully against the government’s attack on the rights of RCMP members. We believe that, by unilaterally imposing new wage conditions, the Conservatives have reneged on the commitment they made in a wage agreement signed in good faith by both parties.

The Bloc Québécois, therefore, has condemned this attack. It demands that the Conservatives reverse their decision and, in accordance with the agreement between the two parties, provide the full wage increase promised to RCMP members. The Bloc Québécois is very disturbed by these devious manoeuvres. It will always pay careful attention when the government makes changes affecting the RCMP.

Bill C-18 has already been examined in the Standing Committee on Government Operations and Estimates, on which I sit. Some shortcomings were pointed out, and we hope very much that progress can be made when it is studied in another committee.

The Bloc Québécois has also noted that RCMP officers want to form a union. Why not?

Why should they be the only police force in Canada that is not allowed to unionize? I believe they should have the same freedom of association as all the other police forces in Quebec and Canada.

The Bloc Québécois once tabled a bill to amend the Canada Labour Code and allow RCMP members to form a union.

The Bloc has always been concerned about the life that awaits members of the Royal Canadian Mounted Police, especially when they retire, and that is why we are studying this bill today. I think that after all their years of loyal service, they deserve a decent, fair and equitable retirement.

Many of these people have made sacrifices. They worked hard defending freedom and justice. We should also consider the fact that the RCMP is currently experiencing recruitment and retention problems. We want to help the people responsible for human resources at the RCMP as well. The people who work for the RCMP must be treated equitably and fairly.

We should also not forget that public money is at stake here. That is why I suggest sending this bill back to committee, not only so that its impact on legislation can be studied but also to attenuate or eliminate the irritants that are currently preventing 10,000 former RCMP employees from receiving the treatment they deserve.

We should try as well to remove the famous orphan clauses, as we call them in Quebec. I do not know whether people in the rest of Canada know about it. This would help young people by allowing them to accumulate six months in the pension plan so that they would be on the same footing as everyone else.

We are therefore in favour of the principle of Bill C-18 but think a lot of changes need to be made in a spirit of justice and fairness.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 11:05 a.m.
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Oxford Ontario

Conservative

Dave MacKenzie ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, the speech of my hon. colleague was full of a great number of inaccuracies, and I will not try to correct all of them.

When my hon. colleague talks about recruits, I ask whether she really understands what is going on in the country, and perhaps even in her own province. Can she tell us what she has done to change things in her own province? We understand that the City of Montreal and Sûreté du Québec do not offer compensation to recruits because of the way the legislation is formulated in Quebec for police candidates. In the province of Quebec, candidates must have graduated from the Quebec police college prior to being hired by any police force in the province.

If she were to look at that legislation, she would find it very similar to the situation the RCMP cadets are in. They are not members of the force until they complete their training. In actual fact what we are talking about is exactly the same as it is in the province of Quebec.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 11:10 a.m.
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Bloc

Diane Bourgeois Bloc Terrebonne—Blainville, QC

Mr. Speaker, in response to my colleague's question, I would say that, first, I would like him to identify exactly what I said that was inaccurate. I would be very surprised and it is important that he tell me. Second, I would not compare this situation to the Montreal police service. Where the legislation creates a problem—and this is what I was talking about—is that when someone from a police force from another province, or from Quebec, wants to join the RCMP, he can bring with him his six months of training to become a police officer, while RCMP cadets cannot count those six months towards their superannuation.

Let us suppose that I am a police officer from Alberta who wants to join the RCMP. I have 18 years of seniority, plus six months, while a young recruit would not even have those six months. That is where the problem lies, since young people are being penalized. In Quebec, we called these “orphan clauses”.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 11:10 a.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I am pleased to join the debate on Bill C-18 regarding RCMP pensions.

I want to compliment my colleague from St. John's East for his work on this issue on behalf of the NDP caucus. I think the speech he made in the House recently capably outlines the NDP's position on Bill C-18.

To put my remarks about RCMP pensions and the public service pensions generally in context, I would like to recognize a former NDP member from my riding of Winnipeg Centre. The hon. Reverend Stanley Knowles represented the riding I now represent from 1942 until he was felled by a stroke in 1984. He dedicated much of his political career to fighting for pensions and old age security. He is recognized by many as the father of the old age security system in this country because of his doggedness in sticking to this one issue over a 42-year career.

The notion of ending poverty among the aged and income security had its origins in this country in 1925-26, when my predecessor for the riding of Winnipeg Centre, J. S. Woodsworth, with the Independent Labour Party, was elected to the House of Commons.

In 1925-26, William Lyon Mackenzie King found himself in a minority situation. Many students of parliamentary history will know the King-Byng affair. King was in a minority situation, and he needed the support of J. S. Woodsworth and the small Independent Labour Party. A. A. Heaps, another member of Parliament from Manitoba, was a labour leader, one of the leaders of the Winnipeg general strike, as was J. S. Woodsworth.

It is interesting, in fact the Government of Canada wanted to send J. S. Woodsworth to prison for his role as a leader of the Winnipeg general strike but the people of Winnipeg Centre sent him to Ottawa to be their member of Parliament instead. He stayed there for 22 years.

It is interesting as well that the charges of treason against J. S. Woodsworth were laid against him because he was quoting the Bible, the Book of Isaiah. He was speaking to a large gathering of strikers during the 1919 Winnipeg general strike. He pointed out that we are our brother's keeper on this earth, et cetera, and for these words he was charged with inciting a riot and was thrown in prison.

Like many leaders of the 1919 general strike, and it is the 90th anniversary of that strike this year, they were elected to the provincial legislatures, to the municipal chambers of Winnipeg and to the federal House of Commons from their prison cells.

It was J. S. Woodsworth who cut a deal with King in a letter, a promissory note. J. S. Woodsworth said, “I will support your government”--the King government of the day--“in exchange for old age security. If this Parliament will introduce old age security, old age pensions, I will support your government”.

King agreed to that in a famous letter, which is in the archives of the New Democratic Party. It was the member for Winnipeg Centre, J. S. Woodsworth, who used his political leverage to introduce pensions in this country.

Fittingly, after 20-some years as the member of Parliament for Winnipeg Centre, when Woodsworth was succeeded, Stanley Knowles took up that crusade. He dedicated a long and illustrious parliamentary career to establishing old age security. He was not only satisfied when he achieved the old age security of $50 a month, he started another fight that very day. The very day that it passed in the House of Commons another battle began, to have it indexed to inflation so that old age security would be meaningful.

I think we all know that while the incidence of poverty among seniors, especially elderly women, is still problematic, it is nothing like it used to be. We have a fairly robust retirement income system for our seniors.

Having said that, Bill C-18 deals with the RCMP pension, the Royal Canadian Mounted Police Superannuation Act. It makes a modest reform to the administration of that act.

It is impossible to talk about the RCMP pension without talking about public sector pensions more generally, because the two are directly connected.

The RCMP pension became an issue of great controversy at the public accounts committee in the last Parliament. The head of the RCMP was hauled before that committee, and she was grilled about her involvement in the administration of that pension plan. She was found to be in contempt of Parliament, an extraordinarily unusual circumstance. She was hauled before the bar of Parliament and found to be in contempt of this place. The administration of the RCMP pension has not been without controversy, and it should not be tread upon lightly.

As a former trade union leader and trustee of an employee benefit plan, I can say that all public and private sector pensions should have joint trustees. There should be representation on the board of trustees of the beneficiaries of the plan, the retirees who are getting benefits from the plan as well as the people making contributions to the plan. Either they or their representatives should be adequately represented. I would argue they should be represented fifty-fifty so their voices can be heard on the administration of these pension plans. They are huge. Most of the trading on the New York Stock Exchange and the Toronto Stock Exchange is in fact from employee benefit plans that are moving money around.

This is the new face of capitalism. Union pension plans are driving the venture capital markets, and the markets generally. It takes a fair amount of expertise to watch over that amount of trading, to make sure that it is done in the best interests of the beneficiary. We certainly have all learned a lot of lessons because of the complex financial engineering that goes on in the financial markets of today. It takes a great deal of expertise to make sure our pensions are being cared for, and the RCMP plan is no different.

I would say that white collar crime is very much a blue collar issue. We need to be able to trust the financial statements of the companies in which our pensions are invested. If we cannot trust those financial statements, our financial security is in deep, deep trouble, no matter what we do with the RCMP Superannuation Act or any of the pension legislation.

The first thing we have to do is clean up the corporate governance on the financial markets where our pensions are invested. That is for another day, I suppose. One thing that has always bugged me, and I will raise it here to put it on the record, is that in the corporate world, at least in Canada, we can hire the same company to be our tax adviser as our auditor.

Surely to God we have learned the lesson from Enron that we want our auditors to be independent. We do not want the same company, Arthur Andersen, to give us advice on how to structure our books and play games to avoid taxes, how to juggle money, hide things and play the shell game, and then be the same company that audits those books and puts a seal of approval on them.

What is a blue collar trustee of a union pension plan supposed to do? Who are they supposed to believe? All they can do is read the financial statements that are put in front of them to try to figure out if they are accurate. We have to be able to trust the financial statements of those companies or we are in deeper trouble than the administration of this RCMP plan.

Let me also raise the issue that surpluses in public sector pension plans should be considered the property, the deferred wages, of the beneficiaries of the plan.

As his last action as Treasury Board president, Marcel Massé changed all that in 2000. There was a $30 billion actuarial surplus in the public service pension plan. He knew this action was political suicide, so, as he was going out the door, he passed a bill that said employees had no proprietary claim on surpluses in pension plans.

That was news to us. We always thought our pension plans were our earnings held in trust for us and invested wisely so we could retire with some dignity. In fact, we negotiated that at the bargaining table. Instead of taking a $1 raise, we would take a 50¢ raise and the other 50¢ would be put in the pension plan to grow and we would take it when we needed it. Marcel Massé changed all that.

It has had a ripple effect in the private sector as well, which claims that any surplus in a pension plan is the property of the employer not the employees. That should be condemned. In fact, it should be fixed.

There is an assault on pensions generally. It is absolutely mind-boggling that analysts of the day, after reviewing the global economic crisis in North America at least, are not finding fault with bad management or bloated CEO benefits. They are not finding fault with car companies that manufacture products nobody wants.

These analysts have arrived at the source of the problem of our economic crisis. It turns out that greedy union pension plans are dragging us all down the road of perdition. We did not realize this as trade unionists when we were negotiating fair retirement benefits for our members. We did not realize we were dragging down capitalism as we knew it.

Apparently those corporate interests that have always had pensions in their crosshairs, the guys who have always wanted to get out from under these legacy costs, in the spirit of never let a good crisis go to waste, are blaming their economic stupidity, their incompetence, on employee benefit plans, the pensions of members, my pension, and the pensions of auto workers, forestry workers and steelworkers. Somehow we are dragging down capitalists with our greed.

All the empirical evidence and all the numbers indicate that if Canadian auto workers worked for nothing, it would only bring down the cost of a car by 5% to 7%, and those pieces of junk could still not be sold because the car companies design cars that nobody wants to buy. They found some way to blame employee benefit plans.

Corporate Canada has wanted to get rid of this for 20 or 30 years. Never let a good crisis go to waste. Here they have an excuse to put the pension plans of workers in their crosshairs and set their sights on them.

The public sector perhaps is the last bastion where reason and logic prevails in terms of employee benefit plans. We are not going to be deterred by this sort of PR campaign by the corporate sector in trying to assign blame to workers for its own failures.

I personally feel if we had more real engineers coming out of our universities instead of financial engineers, we would be in a lot less trouble. They have made the financial market so complex and so incomprehensible that even investors do not really understand derivatives markets and hedge fund markets, et cetera.

A trustee on a public sector pension plan, or a private sector pension plan for that matter, has to keep up to speed with all of the financial engineering grads being pumped out of MBA programs. There is a fiduciary responsibility on the part of trustees of these benefit plans to act always in the best interests of the beneficiaries. Shop floor trustees have that idea in mind. I am not sure the management side trustees have the same goal in mind. They worry more about what they call the legacy costs, the burden on their operation, than about the well-being and the income security of retirees.

In the context of the RCMP Superannuation Act, a lot of these things can and will be addressed when free collective bargaining is introduced into the relationship between the RCMP and the Government of Canada.

I would like to know why the government is appealing the Supreme Court ruling stating that the RCMP should have the right to free collective bargaining. This has been a long time coming. Those who are opposed to the idea would say that we cannot have the RCMP go on strike because of national security. That is a complete red herring. There are many essential services where people do not have the right to strike, but they do have the right to free collective bargaining. It is the only way to achieve a compensation package that is free of interference and that is argued on its merits, not on the imbalance of the power structure between the employer and the employee. We get away from the imbalance in the power structure and we arrive at a fair compensation package.

In the context of that package, I assure the House that the representatives of the employees would want adequate representation, if not equal representation, on their superannuation plan, their pension plan, especially with the shenanigans and the hanky-panky that went on in recent years. There is a bit of a paucity of trust, faith and confidence in their own package.

As I have said, two representatives from Winnipeg Centre paved the way to income security for retirees. Every day I take my seat in the House of Commons, I am very aware of the honour to follow in the footsteps of these two great men, J. S. Woodsworth and Stanley Knowles, both ministers, both men of the cloth. Both believed fully in using their position in Parliament to benefit not only the constituents they represented, but the people of Canada generally. I commend them for choosing income security for seniors as a main priority.

That struggle is not over; it continues. The very modest points in Bill C-18 we agree add some modicum of fairness to the RCMP Superannuation Act. The notion that one could purchase a period of past service for pension service is fair. That is why we can support the idea.

However, as a member of the Standing Committee on Government Operations, where the bill found itself for the committee stage, we heard representation from representatives of the RCMP. I am not making reference to the SSR, which is the official representatives for the purposes of bargaining for the RCMP. I am speaking of an informal group that may wind up being the advocates for RCMP, and that is the Mounted Police Professional Association of Canada. It would certainly seek to be the legally recognized bargaining agent for RCMP.

The courts have given the Government of Canada 18 months to remedy this situation and to allow for free negotiations through collective bargaining. It will have to recognize a bargaining agent. I urge the government to drop its appeal and allow that 18 month period to begin immediately so RCMP officers can have the right to representation of their own choice.

There is no compelling reason whatsoever why RCMP officers should not have the right to free collective bargaining just like the rest of the public service. If their services are deemed essential, then their right to withhold their services can be limited and truncated, but there is no excuse for them not to have free collective bargaining.

I hope the matters we have dealt with today will be dealt with properly at the bargaining table.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 11:30 a.m.
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Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

Mr. Speaker, my colleague from Winnipeg Centre gave quite a discourse about the public service and its pensions. He quite rightly pointed out that the proposed amendments in the bill are modest.

They are the right things to do and we should support them, but there is a bigger issue at stake. It is this lack of fairness that the RCMP faces because it cannot enter into a collective agreement. Its members do not have an opportunity to form unions or stand up for their rights. It is perplexing why the government would not allow RCMP officers to have the same rights that other law enforcement agencies in the country have, whether municipal or provincial.

I will point out why this is such an important issue. As the member has noted, the public accounts committee spent a tremendous amount of time investigating the pension scandal in the RCMP. A number of senior officials ended up having to resign. One was found in contempt of Parliament. However, most people think that this is incredibly unfair. If RCMP officers die in the line of duty, what do we give them? We give them two months salary. That is what their family gets. Is this fair? Why have we ended up with such a lack of equality and fairness in the system?

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 11:30 a.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, my colleague from Etobicoke Centre raises a very compelling point.

First, I think I made the point in my remarks and I will restate it now. The government should drop its appeal and heed the court ruling, which said there was no justification for denying the RCMP the right to free collective bargaining that other police forces enjoy with their municipalities. It is the only way to arrive at a fair compensation package, free of interference and the imbalanced power relationship between employer and employee. If they are both at the bargaining table, with equal rights under the law, things can be negotiated fairly.

As far as the compensation for people killed in the line of duty, I know first responders and public safety officers have fought for quite some time to have recognition in our country comparable to the United States. If a public safety officer, or first responder, or firefighter or paramedic is killed in the line of duty, he or she gets a compensation of $350,000 above and beyond anything that may be in the collective agreement. We support that. I would like to see that come through Parliament as well.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 11:35 a.m.
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Bloc

Guy André Bloc Berthier—Maskinongé, QC

Mr. Speaker, as my Bloc colleague pointed out, we will be supporting this bill at second reading so it may be studied in committee.

We are concerned about how members of the RCMP who have reached retirement age are treated. The entire Canadian public service and the private sector should take note of this situation with the RCMP. For instance, preventing the RCMP from unionizing and negotiating a collective agreement, and preventing people from mobilizing to negotiate their working conditions constitutes an attack on their freedom. They are entitled to working conditions that fulfill their aspirations.

We in the Bloc Québécois are always surprised to see that we are never able to get anti-scab legislation passed, even though we have been trying for several years. Once again, it is surprising that, in a Canadian public institution, people are not allowed to unionize.

I wonder what my hon. NDP colleague thinks about these absolutely regressive measures in this Canadian institution.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 11:35 a.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, as a trade unionist, I am the first to agree that the right to free collective bargaining is one of the basic tenets of a western democracy.

It is appalling that the government of the day is appealing a court order that upholds the basic fundamental right of workers to organize, bargain collectively and, where fitting, withhold their services. In the case of police forces, it may well be that the labour board and the Minister of Labour would decide they would not have the right to withhold their services, at least in certain capacities. However, that does not negate their right to free collective bargaining and to those basic protections under the Labour Code that others enjoy.

Royal Canadian Mounted Police Superannuation ActGovernment Orders

May 12th, 2009 / 11:35 a.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, I would like to thank my colleague from Winnipeg Centre for his comments, particularly the history lesson we received. It was valuable for everyone in the House to hear and very important, but also his comments about collective bargaining, which other members have also discussed.

There is another point concerning the RCMP that has not been touched on and I would like to ask the member about, that being a pay raise that had been promised in 2008 by the current government and then was rolled back in the budget. The Conservatives say they have an agenda on crime, and in fact, have a police caucus that supports the RCMP. I would like the member for Winnipeg Centre to make some comments on that if he would.