Madam Speaker, I am pleased to speak on Bill C-66 which amends the Canada Labour Code. This is a fair, balanced and extremely credible piece of legislation and I am proud to support it.
Bill C-66 is the culmination of extensive consultations with interested parties across Canada. Public consultations began about two years ago with preliminary discussions with the labour movement and business groups. These discussions identified major areas of agreement and disagreement concerning possible amendments to part I of the Canada Labour Code. Following these preliminary discussions, a task force of exceptionally able and credible labour relations experts was established to examine part I of the code and to make recommendations to the minister.
The task force was led by Andrew Sims, QC, and its other members were Paula Knopf and Rodrigue Blouin. The task force held public consultations in Halifax, Vancouver, Toronto, Ottawa, Edmonton, Montreal and Winnipeg. More than 90 written submissions were received from close to 50 groups and individuals, including the Canadian Labour Congress, the Canadian Federation of Labour, the Canadian Chamber of Commerce and the Federally Regulated Employers group.
In most of the cities it visited, the task force also met informally with labour lawyers and labour law administrators. The task force held full day meetings at the universities of Laval, Toronto and Calgary which provided academic experts in labour law and administration an opportunity to express their opinions.
The task force also benefited from the work of the labour-management consensus group made up of representatives from the Canadian Labour Congress, the Confederation of National Trade Unions, the Canadian Federation of Labour, the Federally Regulated Employers-Transportation and Communication, the Western Grain Elevator Association and the Canadian Bankers' Association. The work of this group was important in identifying issues and areas in which consensus was possible.
The task force produced its report, including extensive recommendations, early this year. A final round of consultations involved meetings the minister held in April with representatives of labour, management and other groups in Vancouver, Regina, St. John's, Montreal, Toronto and Ottawa. These meetings gave the minister a chance to hear in person reactions to the recommendations of the task force.
An important conclusion of the Sims task force was that the Canada Labour Code is generally accepted by the labour and management groups as a viable framework which has facilitated collective bargaining in the federally regulated private sector. The workplace to which the code applies has been subject to a number of significant changes in recent years, however.
Privatization of government services has meant the transfer of some jobs to the private sector regulated by the code. Deregulation policies such as open skies and the elimination of the Crow rate
have changed the conditions of the competition in a number of industries regulated by the code.
This had a direct impact on collective bargaining as unions and management have realized that a work stoppage can have a serious impact on market share and profitability. Changes in trade policies, the adoption of new technologies and changing market conditions have also had significant effects on federally regulated private sectors.
In the face of these changes, unions have generally been on the defensive, employers have pressed for industrial change and the very existence of collective bargaining has come under some scrutiny.
I reject the view that collective bargaining is no longer relevant. Canada has benefited greatly from the collective bargaining process. The freedom of workers and employers to organize and bargain collectively is a cornerstone of our democratic, market based society. It is the means by which labour rates are fairly established. It ensures stability, predictability and efficiency. In times of dramatic economic change, globalization and new trading blocs, an efficient, effective and a responsive collective bargaining system is essential.
I believe that we are beginning to see a new level of co-operation between management and labour. We are seeing the flattening of organizations and the emergence of new styles of negotiation. The members of the Sims task force recognized that if such co-operation is to grow a balance must be found between a number of competing objectives. A balance must be found between social and economic goals. Work is a form of personal expression and a source of social security. Yet many businesses continue to export jobs in pursuit of profits. A balance must also be found between instruments of labour policy. Protection of freedom of association, for example, must be balanced against property rights. A balance must be found between rights and responsibilities.
While our system of collective bargaining conveys certain rights to management and labour it is also based on the expectation that labour and management will meet their responsibility to bargain fairly and in good faith.
Finally, a balance must be found between collective bargaining and public interest.
Bill C-66 is a balanced and fair piece of legislation which takes these dramatic changes into account, which recognizes the need to balance competing objectives and which will ensure that the code continues to operate effectively into the next century.
I would like to use the rest of my time to focus on aspects of the legislation which would include efficient administration of part I of the code.
Bill C-66 would significantly improve administration of part I of the code by restructuring the Canada Labour Relations Board. The non-representational CLRB would be replaced with the representational Canada industrial relations board. The new board would be made up of a neutral chair and vice-chairs with equal number of board members representing labour and management groups.
This would increase the confidence of those appearing before the board that their case is fully understood and properly reviewed. Decisions made by the board, especially those involving the exercise of the board's discretion, would be more credible in the eyes of both labour and management.
The appointment of part time regional members who are representative of labour and management will significantly improve the cost effectiveness of the board, give the board access to the expertise of persons who are active in labour relations and improve links between the board and the labour relations community.
Measures to reorganize the board contained in Bill C-66 would also make it more flexible, allowing it to respond more quickly to both routine and emergency issues. Rather than a three member panel, for example, a single vice-chair would be able to resolve some cases. In some cases such as preliminary motions or requests for the extension of time limits this simply makes sense. Access to the board would be enhanced by a repeal of the provision that requires parties to obtain ministerial consent before filing an allegation of bad faith bargaining. This would be particularly significant in cases where an immediate board hearing is needed to break a deadlock in negotiations.
Bill C-66 would give grievance arbitrators a number of important new procedural powers. This is necessity because the arbitration process has become more and more complex. The amendments will make the arbitration process more flexible and efficient and are an important step in ensuring that grievance arbitration is reserved for the resolution of disputes that parties cannot resolve on their own.
