An Act to amend the Income Tax Act (requirements for labour organizations)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Russ Hiebert  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Income Tax Act to require that labour organizations provide financial information to the Minister for public disclosure.

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

Dec. 12, 2012 Passed That the Bill be now read a third time and do pass.
Dec. 12, 2012 Passed That Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), be concurred in at report stage with further amendments.
Dec. 12, 2012 Passed That Bill C-377, in Clause 1, be amended by : (a) replacing lines 1 to 7 on page 2 with the following: “(2) Every labour organization and every labour trust shall, by way of electronic filing (as defined in subsection 150.1(1)) and within six months from the end of each fiscal period, file with the Minister an information return for the year, in prescribed form and containing prescribed information. (3) The information return referred to” (b) replacing lines 26 to 31 on page 2 with the following: “assets — with all transactions and all disbursements, the cumulative value of which in respect of a particular payer or payee for the period is greater than $5,000, shown as separate entries along with the name of the payer and payee and setting out for each of those transactions and disbursements its purpose and description and the specific amount that has been paid or received, or that is to be paid or received, and including” (c) replacing lines 33 to 35 on page 2 with the following: “(ii) a statement of loans exceeding $250 receivable from officers, employees, members or businesses,” (d) replacing line 4 on page 3 with the following: “to officers, directors and trustees, to employees with compensation over $100,000 and to persons in positions of authority who would reasonably be expected to have, in the ordinary course, access to material information about the business, operations, assets or revenue of the labour organization or labour trust, including” (e) replacing lines 11 to 14 on page 3 with the following: “consideration provided, (vii.1) a statement with a reasonable estimate of the percentage of time dedicated by persons referred to in subparagraph (vii) to each of political activities, lobbying activities and other non-labour relations activities, (viii) a statement with the aggregate amount of disbursements to” (f) replacing lines 22 to 25 on page 3 with the following: “provided, “(viii.1) a statement with a reasonable estimate of the percentage of time dedicated by persons referred to in subparagraph (viii) to each of political activities, lobbying activities and other non-labour relations activities, (ix) a statement with the aggregate amount of disbursements on” (g) replacing lines 33 to 40 on page 3 with the following: “(xiii) a statement with the aggregate amount of disbursements on administration, (xiv) a statement with the aggregate amount of disbursements on general overhead, (xv) a statement with the aggregate amount of disbursements on organizing activities, (xvi) statement with the aggregate amount of disbursements on collective bargaining activities,” (h) replacing lines 1 and 2 on page 4 with the following: “(xix) a statement with the aggregate amount of disbursements on legal activities, excluding information protected by solicitor-client privilege, (xix.1) a statement of disbursements (other than disbursements included in a statement referred to in any of subparagraphs (iv), (vii), (viii) and (ix) to (xix)) on all activities other than those that are primarily carried on for members of the labour organization or labour trust, excluding information protected by solicitor-client privilege, and” (i) replacing lines 4 to 13 on page 4 with the following: “( c) a statement for the fiscal period listing the sales of investments and fixed assets to, and the purchases of investments and fixed assets from, non-arm’s length parties, including for each property a description of the property and its cost, book value and sale price; ( d) a statement for the fiscal period listing all other transactions with non-arm’s length parties; and ( e) in the case of a labour organization or” (j) replacing line 29 on page 4 with the following: “contained in the information return” (k) replacing lines 33 to 35 on page 4 with the following: “Internet site in a searchable format. (5) For greater certainty, a disbursement referred to in any of subparagraphs (3)( b)(viii) to (xx) includes a disbursement made through a third party or contractor. (6) Subsection (2) does not apply to ( a) a labour-sponsored venture capital corporation; and ( b) a labour trust the activities and operations of which are limited exclusively to the administration, management or investments of a deferred profit sharing plan, an employee life and health trust, a group sickness or accident insurance plan, a group term life insurance policy, a private health services plan, a registered pension plan or a supplementary unemployment benefit plan. (7) Subsection (3) does not require the reporting of ( a) information, regarding disbursements and transactions of, or the value of investments held by, a labour trust (other than a trust described in paragraph (6)(b)), that is limited exclusively to the direct expenditures or transactions by the labour trust in respect of a plan, trust or policy described in paragraph (6)(b); ( b) the address of a person in respect of whom paragraph (3)(b) applies; or ( c) the name of a payer or payee in respect of a statement referred to in any of subparagraphs (3)(b)(i), (v), (ix), (xiii) to (xvi) and (xix).”
Dec. 12, 2012 Failed That Bill C-377, in Clause 1, be amended by replacing line 20 on page 1 with the following: “labour organization is a signatory and also includes activities associated with advice, commentary or advocacy provided by an employer organization in respect of labour relations activities, collective bargaining, employment standards, occupational health and safety, the regulation of trades, apprenticeship, the organization of work or any other workplace matter.”
March 14, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.

Restoring Rail Service ActGovernment Orders

May 29th, 2012 / 11:45 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

They may clap, but this is an example of another private pension scheme that helps virtually no one but the big financial institutions.

Where is the public interest that is being upheld? Does it lie at the corporate boardroom table and the profit margins of a profitable company like CPR, or does it lie with making sure that there is a level playing field and that the collective bargaining process is given a fair chance to work?

The public interest is also about ensuring safety on our rail lines. I find it astounding that we have a Conservative government that purports to uphold safety and indeed continually seeks to divide our society into the simplistic division of criminals versus victims, yet when it comes to the safety of workers it is willing to use the sledgehammer of back-to-work legislation to uphold corporate interests and not something as basic as the safety issues that these CPR workers are facing.

I would like to reference the government's own Fatigue Management Plans: Requirements and Assessment Guidelines revised in March 2011, which spells out, and I quote:

Transport Canada recognizes that fatigue is one of the most critical safety issues facing the railway industry today. There is no doubt that fatigue has a detrimental impact on human performance and safety. While solutions to fatigue exist, there is no ‘one size fits all’ solution, which will easily solve all fatigue-related problems. One counter measure alone is not enough, nor is the sole reliance on legislated maximum hours of work.

This is a significant issue for these railway workers who are on strike, this issue of safety and fatigue, and I would argue that it definitely represents a broad public interest in maintaining and strengthening the safety of our rail system. The employees of CPR hold enormous responsibility for the safe transport of goods and people across the vast network of lines across Canada.

Does the minister even know what these basic issues are about? We know from the workplace that employees in freight service are called by phone to work on a two-hour notice. Employees are on call 24 hours a day, 7 days a week. There are no traditional days off. Until called the employees are often unaware of their destinations or when they will return home, and employees can be away from home for up to 36 hours.

The union proposal is designed to allow employees the opportunity to have two consecutive nights in bed twice a month. That is their proposal, and it is certainly in line with the government's own report guidelines.

Surely this is a fair and significant issue for these workers, yet it and other issues get swallowed up and quashed by the heavy-handed approach of the government. When we see a government in a headlong sprint to legislate back to work not once, not twice, but three times, we can only conclude it has no respect for collective bargaining and the important role unions play in our society. If at every opportunity the Conservatives choose legislation over proper process, if at every opportunity they seek to divide people and to scapegoat unions as we have seen their members do with Bill C-377, we can only conclude, contrary to what the minister says, that they do not represent the public interest. In fact, they despise any—

May 29th, 2012 / 12:30 p.m.
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Director, Government and Political Affairs, United Food and Commerical Workers Union

Bob Linton

If you're talking about Bill C-377

May 29th, 2012 / 12:05 p.m.
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President, Merit Canada

Terrance Oakey

Thank you for that question.

I understand what you're getting at, and I'm happy to discuss Bill C-377 here if you wish, or the budget bill.

In terms of Bill C-377, there's a key distinction between any voluntary member organization and a labour organization. It's not a condition to run a business in Canada to be a member of Merit Canada.

May 29th, 2012 / 12:05 p.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

I only have a couple of minutes and I'd like to ask Mr. Oakey a question.

Mr. Oakey, your organization represents the construction associations. There are eight organizations that you represent, and you've been campaigning on the changes to the labour standards and also on the changes in Bill C-377 to reporting of funds.

I wonder who constitutes your board. Is it the eight associations that you represent? I couldn't find on your website who is on your board of directors.

May 16th, 2012 / 3:40 p.m.
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Senior Advisor, Government Relations, Building and Construction Trades Department, AFL-CIO, Canadian Office

Christopher Smillie

Yes, sir. I have 30 seconds left.

It's a no-brainer to look at a system to give front of the line access to U.S. workers.

Before I conclude, I'll note that I had a large number of my members on the Hill yesterday talking about Bill C-377. Maybe they met with you.

The bill is something that's distracting, annoying, and plainly punitive to the building trades. The money we will spend complying with this legislation will take away from our training ability and our ability to promote careers amongst young people. It means a compliance officer instead of a training officer at every local union hall—plain and simple.

The members of this committee can vote no or ask cabinet to kill the bill and continue to be partners with us. I can assure you that we'll be training fewer people in your communities to go to work for Canada if we have to comply with the legislation.

Thanks very much. I look forward to your questions and comments.

Jobs, Growth and Long-term Prosperity ActGovernment Orders

May 3rd, 2012 / 3:05 p.m.
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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, it is an honour for me to follow my colleague from Welland on this debate. He quite eloquently spoke to the flaws of this bill. I would like to also thank him for his work on the agriculture file and on behalf of farmers.

Just prior to the start of this debate, my colleague from Malpeque and I were discussing how what we are witnessing is a transformation of our country. We were discussing the state of our country, and this omnibus bill, which lumps in all these measures that are chipping away at what many Canadians believe in, is just an example of this. I would go so far as to say that although we speak the same language, we are dividing ourselves into two new solitudes. One is represented by the government side, which represents a minority of citizens in our country, and the other side is represented by this side here, which represents the majority of citizens, citizens who really do not want to see major changes to our social net or to our system.

What are we seeing? We are seeing a government saying that it is all about job creation. At the same time, we are seeing a tremendous loss of public service well-paying jobs. I would like to remind people in the House that especially in our small rural communities, well-paying jobs are the main economic driver. These are the folks who drive the economy. They are the ones who go to restaurants and buy the local cars. They are the ones who keep our communities alive. What we are seeing here is that a lot of these jobs are being cut, and, as I will explain later, it is for no real reason.

Just before I move on, I would like to talk about what I call “union bashing”. We have well-paying jobs in this country, both in the private and public sectors, because we have a labour movement that has worked hard to ensure a high standard. I was talking with some representatives of the Canadian Police Association the other day when they were in town. They told me the reason they have well-paying jobs as police officers is that police officers, with the exception of the RCMP, have unions or associations, and the reason the RCMP has a livable wage is that the bar has been set by people who are represented by unions. At the same time we see Bill C-377, the accountability of unions act, loading a whole bunch of red tape on police associations and other trade unions in the country, which is totally unacceptable.

What are the budgetary consequences of this 2012 budget?

First, there will be at least 19,200 jobs lost in the public service. Second, there will be a total of between 50,000 and 72,000 jobs lost in the economy, including 1,119 jobs lost at the Department of National Defence, 162 fewer trade officers in Canada, 840 layoffs at Health Canada, 650 layoffs at the CBC, at least 4,800 layoffs in the NCR, 252 layoffs in client service at Veterans Affairs Canada, 100 food inspectors laid off, and I could go on.

What are we seeing, then? We are seeing that for no reason, the public service, consisting of civil servants who are professionals and do their jobs, is being reduced for what I would submit are ideological reasons. Why are they ideological? I am not sure if people are aware of this, but by the year 2014, the current government, since 2006, will have given the corporate sector over $220 billion of corporate tax cuts. That is $220 billion. Let us juxtapose that with raising the age of qualification for pensions to 67 and the hardships that will cause to a lot of seniors on marginal income. Let us juxtapose that with other cuts to the public sector and to the environment.

I would like to also say that choices are made by government. It appears the choice has been to make these drastic cuts to not only the public sector but to our way of life. There is a choice in spending billions of dollars on F-35s or even $30 million to somehow glorify the War of 1812, which nobody really cares about. We can tell that to pensioners who are trying to make ends meet and see what they have to say about it.

We talk about economic recovery. We talk about the fact that Canada supposedly has led the world economic recovery, whereas research that has been done has shown that two countries have been stronger than Canada in recovering from the economic downturn. One is Sweden, the other Australia.

Let us talk about Sweden, a country where there are no strikes, where everything is done by collective agreement and where the law mandates that labour is represented on corporate boards so that there is a working relationship between government, corporations and labour. Let us talk about a country where there is free tuition, free care for seniors, free child care, over 400 days of paid parental leave per child and full benefits for part-time workers.

If my colleagues in the House are not sure of these statistics, I urge them to see the film Poor No More, narrated by Mary Walsh. In the film she takes us to Sweden and compares what is happening here. I know that the argument will be that we want to raise taxes; well, Sweden is a country that has high taxes and provides services, and it is a country where people are working and there is virtually no unemployment.

In a March 29 article entitled “A budget that screws the planet for short-term profits”, Marc Lee, of the Canadian Centre for Policy Alternatives, stated:

This is a colonial vision of the economy as a quarry for foreign interests. Instead of ensuring development of resources in a manner consistent with real long-term needs like energy security, the [federal government] is open to any foreign investor who wants our resources, and Canadians will politely have to clean up the mess afterwards. While there will be some Canadian jobs in all of this, most of them will be of short duration in the construction phase, but the budget also increases the capacity to bring in temporary foreign workers.

Let us talk about the short-duration jobs.

We here are against the northern pipeline that will send raw bitumen through our territory and to the waters off the coast of British Columbia to Asia. One of the reasons we are against the pipeline is that the jobs that will be created are short term. We are shipping jobs outside of the country. It is interesting to have a government that says we need to create jobs and that at the same time, through its policies, will be shipping jobs outside of the country.

Mr. Lee goes on to say in his article:

Our penchant for planetary destruction just cannot happen fast enough. Under the mantra “one project, one review” environmental considerations will get lumped in with everything else, meaning that review processes for destructive mining and oil and gas projects will be fast-tracked.

Therefore, instead of having a review that looks at and ensures proper oversight of these projects, we will get this fast-tracking.

I am going to say a few words about the environment as well. At least a third of Bill C-38 is devoted to environmental deregulation. The government is doing everything it said it would do, and more.

SECOND READINGJobs, Growth and Long-Term Prosperity ActGovernment Orders

May 3rd, 2012 / 12:45 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I will be sharing my time with the member for Western Arctic.

I want to begin my remarks today on Bill C-38 by saying, and it should be said, that this clearly is not only a budget implementation act.

I found it very interesting to listen to the parliamentary secretary's comments just a few moments ago when she chided the Liberal member for the record of the Liberal government, bringing in a massive omnibus bill as well. I remember that bill, C-43, but it is curious, because I seem to remember that the Conservatives in opposition at that time certainly had lots of concerns about what was hidden in that massive bill. I think it was about 1,000 pages. I remember the debates in this House about how the Liberals were trying to hide things and rush them through.

Here we are today in 2012 with another budget implementation bill, which is anything but. It has become a massive cover for putting through major public policy issues under the guise of a budget implementation bill.

I want to say, just for the record, that it is really bad public policy. It is a terrible way to make decisions. It is a direct attack on the ability of members of Parliament to examine legislation.

Much of the stuff that is in the budget implementation bill should be coming to the House as stand-alone legislation. When we go through the list, go through those 422 pages that comprise the current budget implementation act, we can just see how far-ranging the directions are in the bill.

For example, we know it is raising the age of eligibility of OAS and GIS from 65 to 67, something that the Prime Minister never campaigned on in the last election. For heaven's sake, it repeals the Kyoto Protocol Implementation Act, meaning that the government is no longer required to report on its emissions under the act. That is in a budget bill? The Conservatives are putting that through in a budget bill? Is there something they want to hide from Canadians? I think so.

As we have heard many times in the House, it guts the environmental assessment regime and fish habitat protection. Again, this should be stand-alone legislation that the government should have the guts to bring forward on its merit and be willing to debate in this House, instead of trying to sneak it through in a budget implementation bill.

Just in terms of the changing environmental assessments, this would have a major impact on my province of British Columbia, on things like the Enbridge pipeline, where there has been incredible public interest in being involved in a democratic public process to comment on the environmental impact and assessment of that project.

What is the government doing? It uses the budget and the budget implementation act to actually shut down and to gag the public and say that not only is it putting short timelines on these major assessments but it will also delegate authority to other authorities, including the provinces, so it is basically narrowing the opportunities people have to comment on these important things.

To add insult to injury, not only does the bill gut environmental requirements; it also goes after civil society organizations by saying that the Canada Revenue Agency will tighten up what kind of political activities they can be engaged in. There is an attack on both sides, by legislation and by trying to fetter and gag the work that very important organizations do in our country to bring awareness to these major environmental projects that have a huge impact on all of us.

Here are a few other little gems in the budget. It would repeal the Fair Wages and Hours of Labour Act. I am familiar with this, because as a city councillor in Vancouver over many terms, we actually used the federal fair wage act to set a benchmark for what we did municipally to pay fair wages to municipal contractors.

Now all of a sudden this act is gone. It has been there for decades. I do not know how far it goes back, but it has been a benchmark of what is considered to be fair wages.

Presumably this is now being completely eliminated because the Conservatives want to give more handouts to their corporate buddies and they want to undercut union wage rates. This is an attack on labour, just like we have seen with Bill C-377, where the government is attacking labour and trying to allege that they are not transparent organizations when we know they are. This is hidden in a budget implementation act.

It would also amend the Employment Equity Act so it would no longer apply to federal contractors. This is a major shift in public policy. I was part of the standing committee that reviewed the Employment Equity Act. It has to be reviewed every five years. The federal government is mandated to cover employment equity both in terms of its own direct services and of all the areas it covers like transport, airlines and banks. To amend the Employment Equity Act so it no longer applies to federal contractors is just a sheer gift and bonus to the Conservatives' buddies in saying that things like employment fairness, fair wages and ensuring diversity in the workplace would not count anymore and they would not have to worry about it. This is a major and dramatic shift in public policy.

I also want to mention a few local things that are very concerning to me, such as the cuts to the CAP program, which is purely mean-spirited. Low-income people who can currently gain access to the Internet through the community Internet access program would no longer have access to that. This is just a small thing, but it really does affect people. We live in an Internet age but there are lots of Canadians who still do not have their own computer or access to the Internet and they use the community access program to have that opportunity and capability. Why on earth would the Conservatives go after that? Why would they target people in that way?

As the health critic for the NDP, I want to speak briefly about some of the health aspects in the few minutes I have left.

We have said in this House many times how absolutely staggering a $31 billion decrease in health transfers to the provinces would be. This is a massive shift. The Conservatives unilaterally made a decision about health transfers in this country without any negotiation, debate or co-operation with the provinces and territories. It is something that is unheard of. This is a major assault on our health care system.

It goes even further than that. One of the little sneaky things that is in the budget is the amendments to the Food and Drugs Act to give the Minister of Health more power, supposedly on the basis of streamlining and improving the efficiency of various classifications of foods and drugs. However, it would basically give the minister more power to set up her own regulatory process and go outside the system. Again, this is something that should be coming forward in its own piece of legislation.

I will conclude by talking about what the budget does not address.

I live in Vancouver, and in Metro Vancouver probably the greatest issue we face is the lack of affordable housing. I have met with the Canadian Rental Housing Coalition in Metro Vancouver, which by the way, is made up of building owners, apartment owners, tenant groups and co-op housing groups. It is a broad coalition and they are all saying the same thing: the federal government must be part of a solution to build affordable housing in this country.

Where do we expect workers to live if they are paying 50% or 60% of their income in rent? The hotel workers and the people who work in the stadiums, on the waterfront or in the service industry can no longer afford to live anywhere close to where they work. This is a major issue in Metro Vancouver and also in other Canadian cities, yet there is not a single word in the budget implementation act that would make this a priority. It is just zero. It is as if it does not exist anymore.

We look at the contrast of the handouts to the Conservatives' friends in the corporate world while ignoring the real priorities of Canadians for basic human needs like housing, shelter, good pensions or even access to the Internet. All of these things have either been ignored or cut.

This is a terrible budget, a terrible bill. We should be offended as parliamentarians that this budget implementation bill is so broad. It has so much in it that we cannot even begin to debate, especially now that there is a gag order on the time we have for debate, which was passed earlier today. What an affront to parliamentary democracy.

We are here to stand up to say we oppose the bill and will use everything we can to oppose it all the way.

March 27th, 2012 / 11:05 a.m.
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Conservative

Vic Toews Conservative Provencher, MB

Thank you, Mr. Chair, and thank you, colleagues.

I sincerely wish that the circumstances surrounding my appearance today did not exist. On February 29, I rose in the House on a question of privilege to ensure that the activities seeking to intimidate me with respect to my duties as a member of Parliament, duly elected by the people of Provencher, were appropriately addressed by the House. This intimidation has been aimed at me solely for doing the most basic duty of a parliamentarian—namely, introducing legislation within the exclusive jurisdiction of the Parliament of Canada.

Such intimidation should gravely concern all parliamentarians. We have a special obligation to our constituents to act without fear on the principles that they elected us to defend. This is why I'm pleased that your committee has taken up this serious matter.

As you know, on February 14 of this year I introduced Bill C-30, the Protecting Children from Internet Predators Act. In the days and weeks that followed, I and my office received a great deal of communication from Canadians. As I stated in the House, these ranged from the supportive to the critical and indeed to the humorous.

Specifically of concern were videos posted on YouTube publishing various unfounded allegations about my personal life and threatening to do more if I did not take specific action with regard to Bill C-30. Clearly the actions and threatened actions contained in these videos constitute an attempt by the creators of the videos to intimidate me with respect to proceedings in Parliament.

The online group called “Anonymous” that posted the videos hides behind masks and their claim to anonymity. It is their threats that clearly attempt to intimidate me and in fact all parliamentarians as we carry out our democratically elected responsibilities.

I am prepared to debate, and we must engage in vigorous debate, on matters before Parliament, but these online attacks launched on both me and my family have crossed the line.

Mr. Chair, all parliamentarians need to be concerned.

On February 29, the Liberal House leader repeatedly stated that there were clearly threats made against me, in fact going as far as stating, “...yes, indeed, there clearly are threats being made.”

The Liberal House Leader also cautioned the Speaker in finding a prima facie breach of privilege, and then stated that these threats “...do not constitute a breach of privilege.”

O'Brien and Bosc state that:

Any disregard of or attack on the rights, powers and immunities of the House and its Members, either by an outside person or body, or by a Member of the House, is referred to as a “breach of privilege”....

I would remind the chair and all committee members that in the videos published, there was a broad threat to all parliamentarians. I quote:

And to the rest of the Parliament of Canada: you would do well to mind your words about Anonymous. Any attempt to score political points by claiming we are associated with a particular political party will not be met kindly. Your party affiliations are utterly irrelevant to us.

Quoting again:

To the rest of those who support Bill C-30, do not believe for a moment that you are untouchable.

Mr. Chair, the Liberal House leader and all Canadians should be concerned about the threats posed to our democracy by online bullies and thugs who seek to intimidate duly elected members of Parliament. It is on this aspect that I encourage you to focus your study.

Let me be clear: I will not be intimidated by thugs who hide behind masks and anonymity. Our democracy demands that elected officials be free to debate any and all matters. I firmly believe that all members of this House must be able to serve their constituents, introduce legislation, and debate all matters free from intimidation, obstruction, and interference.

The fact of the matter is that today threats are directed at me for a bill that has drawn much public debate. Tomorrow it could be any of you, either government or opposition. In fact, there are those of you on this committee who have introduced legislation in the House, both from government and opposition. We have seen private members' bills that have produced vigorous debate, with strong positions being taken on both sides of the House.

One only needs to look at this 41st Parliament. Bill C-377 is a bill that would require the public disclosure of the finances of labour organizations. Heated debate and strong positions have been taken on this bill.

Bill C-276 and Bill C-279, Liberal and NDP bills respectively, seek to amend the Canadian Human Rights Act to include gender identity and gender expression. While not yet debated in this House, similar bills have been introduced in previous Parliaments, and strong positions were taken.

Whether or not an MP introduces legislation, all MPs take positions on motions, legislation, and House and committee debates. Mr. Chair, that is exactly what we should be doing. That's why we were elected. Canadians expect this.

I do not believe that members of Parliament should be held hostage, afraid to do what they feel is right, for fear that unnamed thugs might threaten them. Canadians deserve better. I was pleased that our Speaker upheld the 1973 ruling of Speaker Lamoureux, wherein he stated that he had no hesitation in reaffirming the principle that parliamentary privilege includes the right of a member to discharge his or her responsibilities, as a member of the House, free from threats or attempts at intimidation. Attacks on the personal life of a member of Parliament, while not appropriate, can be judged by the public where there is public accountability. The threats of nameless, faceless thugs who seek to intimidate legitimate democratic proceedings should concern all parliamentarians, and indeed all elected officials in our great country.

Mr. Chair, in your committee's deliberation I encourage you to view this question of privilege as a matter than concerns all parliamentarians, not just me.

I look forward to discussing this matter further and to answering any questions you may have.

Thank you, Mr. Chair.

Income Tax ActPrivate Members' Business

March 14th, 2012 / 6:50 p.m.
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NDP

The Deputy Speaker NDP Denise Savoie

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-377 under private members' business.

The House resumed from March 13 consideration of the motion that Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), be read the second time and referred to a committee.

Income Tax ActPrivate Members' Business

March 13th, 2012 / 6:25 p.m.
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Conservative

Russ Hiebert Conservative South Surrey—White Rock—Cloverdale, BC

Mr. Speaker, I appreciate the opportunity to briefly summarize the second reading debate on my Bill C-377, which would require public financial disclosure of labour organizations.

First let me express my appreciation to my colleagues on both sides of the House for their comments and their interest in this subject. I commit to you, Mr. Speaker, and this place that I will not say anything that would force me to apologize because of my remarks.

My purpose in introducing the legislation is to create financial transparency in a group of institutions that are receiving substantial public benefits. All members here and the general public know the value in financial transparency for public institutions and for institutions that receive public benefits. That is why, for example, financial transparency for charities, which has existed for over 35 years now, is fully accepted by charities themselves, as well as the public.

Some members across the way have raised the point that some provinces have labour codes that require limited financial disclosure to union members only. This, however, is an irrelevant point that has nothing to do with this bill.

The purpose of the bill is not about requiring disclosure to union members. Rather its purpose is requiring disclosure to the general public because the public is providing a financial benefit through the tax system. The public has a right to know how the benefit they provide to labour organizations is being used.

Some MPs and several leaders and labour organizations have also raised the issue of the cost of compliance with the legislation. Again, I believe the cost to labour organizations of compliance with Bill C-377 to be quite minimal in this age of electronic bookkeeping.

Clearly, labour organizations already track their finances internally and translating this data into a format which can be filed with the Canada Revenue Agency is largely a question of technology and software. Compiling and filing a single unaudited information return once a year is not going to unduly encumber any labour organization. Any actual cost to the labour organization will be far outweighed by the benefits of transparency.

The NDP House leader stood in the House during the first hour of debate and made some wild claims that the bill was about to strip Canadians of their charter rights. He actually called the bill “an attack on the labour movement.”

Contrary to the NDP House leader's wild claims, transparency for unions is no more an attack on unions than transparency for charities is an attack on charities. We know, with 35 years experience of the matter, that financial transparency for charities has been a positive development and not an attack.

The truth is the vast majority of Canadians, a full 83%, as expressed in a recent Nanos poll, support financial transparency for labour organizations. I know those numbers are even higher in Quebec. As for the labour movement, according to the same poll, 86% of Canadians who identified themselves as unionized employees supported financial transparency. Clearly, the broad labour movement does not regard the bill as an attack on themselves. It is quite opposite in fact.

The NDP member for Acadie—Bathurst also complained during the debate that it did not apply to other types of organizations. We have heard that here as well. In fact, in ratcheting up the rhetoric, he suggested that transparency for a wide range of organizations was a matter of justice.

When drafting my bill, I chose to focus on addressing public financial disclosure by labour organizations, because they were unique institutions with a specific purpose and function, distinct from the other types of institutions that he mentioned. However, there is nothing in Bill C-377 that would preclude another member from seeking financial disclosure by other types of organizations that receive a public benefit. Some members, even this afternoon, mentioned the CFIB and I note that as a non-profit it does not receive a public benefit, unlike charities and the labour movement.

Despite the fact that a handful of union leaders and NDP MPs have suggested otherwise, this is very much a pro-union bill. The bottom line in all of this is that public financial disclosure will build public confidence that the public benefits that labour organizations are being provided are being used efficiently and effectively.

I appreciate the opportunity to share my input and I seek the support of all my colleagues at the second reading of the bill so that it can go to committee for further review.

Income Tax ActPrivate Members' Business

March 13th, 2012 / 6:20 p.m.
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NDP

Mathieu Ravignat NDP Pontiac, QC

Mr. Speaker, I would like to congratulate the hon. member who spoke before me. He has a lot of passion for workers and the labour movement in this country, and has demonstrated a thorough understanding of the situation.

On this side of the House, we are wondering why unions are being targeted rather than all the organizations that collect dues. If we consider this motion in the context of the bill that we will be debating very soon, it seems to be an ideological attack by the government against the labour movement in this country, a movement that has achieved significant social gains.

When my great-grandfather came to Canada to work as a stonemason, the conditions were awful. Labour movements have made it possible to live in a society with healthy working environments and with benefits that enable us to raise children, to age with dignity and to have a pension.

This bill will also make privileged information available to businesses and to the government, which will give them unfair competitive and political advantages. However, when we talk about members of labour organizations, we are not talking about a small group of Canadians. There are 4.3 million Canadians who are either union members or have family members in a union. Those people will be automatically placed at a disadvantage compared to the government and business. The government and business will actually have access to all the information about the workers whereas the workers will not have access to any of that information. So they will be at a disadvantage in a bargaining situation.

The NDP is clearly in favour of transparency as long as it applies fairly to all organizations concerned and as long as it causes no harm. While recognizing that the hon. member probably has noble reasons for promoting transparency, this bill is going to violate the right to freedom of association in this country, as well as the rights to privacy and freedom of expression.

We estimate that this bill will create about 17.5 million hours of paperwork. About 25,000 workers' organizations that will have to comply with these requirements will each need about 700 hours of work annually to do so. That is a major burden, both for the government and for those workers. It will be an obstacle to the vitality of organizations that stand up for the rights of our fellow citizens. We must remember that it is these democratic organizations that stand up for the rights of our fellow citizens. In any case, how are Canadians going to be able to find their way through these millions of pieces of data? Of what use are the data? Their use will be when they are sent to the employers and used against the workers.

Bill C-377 takes its place in the series of Conservative attacks on workers, such as the strike at Canada Post or the bargaining at Air Canada. Instead of laying into hard-working Canadians, the Conservatives should be addressing the real problems Canadians face, like unemployment, poverty and our retirement pensions.

Income Tax ActPrivate Members' Business

March 13th, 2012 / 6:15 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I do withdraw the remark. In my enthusiasm I used profane language, but I will finish the story.

This is coming full circle. The unions, through free collective bargaining and the right to withhold their services in the event of an impasse, drove up the average middle class wage in the United States to where it was a living wage, a consuming wage, a wage one could raise a family on. People had workplaces that were safe and healthy workplaces, because they had enforcement of health and safety provisions, because they had a union workplace safety and health committee on that work site. Coming from the construction industry, I know that every building built in the old days was a tombstone because men died on those jobs. That does not happen anymore because we made those workplaces safe.

As the government smashes the labour movement, as clearly it has given the indication it intends to do, declare war on labour on the left, not only will workers' wages diminish. How is that good for the economy? Also, workplace safety and health provisions will diminish. People will be dying in the workplace again just like in 1912 in the Triangle Shirtwaist factory.

Do not groan at me from over there, because I can tell members it is a fact that conditions will diminish if we do not have a strong and healthy trade union movement to protect the gains we have made in the last hundred years. Bill C-377 should go on the trash heap of history. It is an insult to working people in this country.

I want to recognize and pay tribute to the push-back of the building trades unions, especially my own union, the carpenters union, which is doing a job trying to lobby members of Parliament and trying to point out the folly in smashing the only thing that has elevated the standards of living wages and working conditions in this country. That is a free, vibrant and healthy trade union movement.

This is a cornerstone of any western democracy, the free and healthy trade union movement, the right to organize, the right to free collective bargaining and the right to withhold one's services in the event of an impasse. It is a cornerstone we are proud of. It is one of the very things by which we define ourselves as a free and open democracy. This piece of legislation has no place in a western democracy that prides itself on the rights of ordinary people and its citizens. It makes one wonder whose side the Conservatives are on.

Income Tax ActPrivate Members' Business

March 13th, 2012 / 6:10 p.m.
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NDP

Pat Martin NDP Winnipeg Centre, MB

Mr. Speaker, I am very proud to follow my colleague from Nova Scotia, my fellow NDP caucus colleague, to express our points of view about this appalling piece of legislation, Bill C-377.

Usually when a bill is private member's business, other members of Parliament are less likely to attack it, because they understand it is the single hobby horse of a single MP who has a right to put forward his or her point of view. In this case, there is strong reason to believe that is a planned, orchestrated plant of this offensive, odious piece of legislation, using the member for South Surrey—White Rock—Cloverdale as a vehicle for the government to express its views of contempt and prejudice against the labour movement that has given us so much throughout the history of this country.

My first observation is it is too bad this document is not written on softer paper, because then we could put it in the outhouse next to the Eaton's catalogue and use it as it more properly deserves to be used.

This is a gutless piece of legislation put forward by a cowardly member. If the Conservatives are so serious about attacking labour on the left, let them put forward a piece of legislation that is a government piece of legislation and put this—

Income Tax ActPrivate Members' Business

March 13th, 2012 / 5:55 p.m.
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NDP

Robert Chisholm NDP Dartmouth—Cole Harbour, NS

Mr. Speaker, we have heard a couple of great speeches from my colleagues. I too am going to lend a few words to debate on this bill.

I have seen a lot of nonsense from the government, but I cannot believe why we are dealing with Bill C-377. It targets one group in our society and singles it out for unfair, onerous, burdensome treatment with no apparent reason other to make mischief, attack unions and drive them out of our communities. I do not understand.

I do not know where the sponsor of this bill comes from or if he remembers the history of his community, but I want to ask him and other members opposite to think about the freedoms that we cherish in our community and our country and to consider for a moment their history. I want to ask him as well to consider the role that working people have played in the establishment of those freedoms and of those important programs, and the work they have done to build our roads and public buildings and to ensure that we have goods and services in order to have a high standard of living. Health care, health and safety laws, workers compensation, unemployment insurance, pensions and all of the other things that have made our communities as strong as they are today have resulted from the struggles of working people and their organizations, trade unions. They do not deserve this kind of attack.

It has been said by my colleagues that this bill does not deal with other like organizations that are similar in structure, such as professional associations or law societies. It does not touch the Canadian Federation of Independent Business, for example. It does not deal with other organizations in the same way that it attempts to single out trade unions.

As has been stated by my colleagues, I have often said that trade unions are one of the most democratic organizations we have in society. The revenues and resources that unions have to deal with are as a result of dues and contributions by members, from the pay they receive for doing their work. How that money is spent is determined by those very same workers.

If members have any question about how these unions deal and make those decisions and hold themselves accountable, I would like to take them out to a general membership meeting. I would like them to come to any one of the annual conventions held by the trade unions in this country and see the scrutiny that the financial statements of those unions receive from their members. Members would recognize that there is far more scrutiny and transparency regarding the financial statements of trade unions than there is in corporations in this country.

We have never had any explanation from the government opposite for what has happened to the tens of billions of dollars that profitable corporations have received from Canadian taxpayers. Supposedly it was meant to create jobs, but since January, for example, when these corporations recognized an additional $3 billion, what we have seen in this country is a further deterioration in the number of jobs.

My point is that when it comes to accountability, trade unions are one of the most accountable organizations that we have in our society.

We also hear members opposite talk about the “big union bosses” as though they are a big entity and similar to one of the big banks that make tens of billions of dollars in profit every year.

Let me tell members that the largest union in this country is the Canadian Union of Public Employees, which has over 600,000 members. However, that union is made up of nearly 3,000 small locals. Those locals may consist of two people, five people, ten people. There may be upwards of 10,000 in some of them, but the majority of them are tens or hundreds of members.

Every single month, one of those union locals holds a general membership meeting. Whoever the fortunate or unfortunate person is, depending upon one's perspective, who has taken the secretary-treasurer role has to stand in front of the members and account for how those dues are being spent.

Let me tell members that there is not a treasurer I know of in a trade union who gets off lucky. They have to be able to account for every single penny, because working women and men know what it is like to be frugal, they know what it is like to be accountable, and they want to know how their money is being spent.

In fact, that is what drives me and that is what drives many members on this side: the concerns that working women and men in this country have about how the government is spending its resources.

Why would we not expect the government to be attacking unions through a bill like this? It attacks working people. We see now that we are dealing with back to work legislation for a dispute that has not even started. We have seen it with the postal workers and we have seen it with Air Canada ealier. We have seen that whenever the government has had an opportunity to put the boots to working people, it has taken that opportunity.

Senior citizens, whether they are seniors now or whether they will be seniors in the future, are going to be asked to shoulder a greater burden by having the age of eligibility for OAS extended from 65 to 67 years old. That is going to be a burden for low-income senior citizens. That is an attack by the current government on seniors.

It is the same with veterans. We talked in this House about how the government is attacking veterans and slashing the budget of Veterans Affairs.

Ninety per cent of the budget of Veterans Affairs goes to programs and services; the government is going to cut upwards of 10% out of that budget, and it says that it is not going to affect services to veterans and their families and to RCMP members, people who have sacrificed themselves and continue to sacrifice themselves for this country.

It is the same with voters. The government is attacking voters. We see every day a new revelation of what the Conservative government has done in terms of trying to suppress the rights of Canadians to vote for the people they want to vote for. That is another group that has been under attack.

The military post living differential is another example. The post living differential has been brought up to me by people in my constituency, who have said that the government is intending to cut the living allowance that compensates military families that have to move to different parts of the country or to other countries. It is going to cut it in half. That is another group that the government has its sights on.

Let me tell members that Canadians are getting sick and tired of the government picking out a group of people and deciding that it is next. They are wondering where the government is going to stop.

Our job in this House, whether in debating Bill C-377 or in dealing with the government's attack on Canadians' privacy through Bill C-11, will be to stand every single day and use every breath to fight the government, stand with Canadian families and ensure that the government backs off.

Then, in 2015, that is it. The Conservatives are gone.