Bill C-263 (Historical)

An Act to amend the Canada Labour Code (replacement workers)

Department of Human Resources and Skills Development Act

[Réal Lapierre, Bloc, Lévis—Bellechasse, QC]

Mr. Speaker, I will be sharing my time with the member for Argenteuil—Papineau—Mirabel.

On December 12, 2003, in keeping with the wishes of the Prime Minister, the Department of Human Resources Development was divided into the Department of Human Resources and Skills Development and the Department of Social Development.

According to the Prime Minister, the justification for this was to strengthen our social foundations. As a result, 14,000 public servants who manage more than $20 billion, supposedly in order to strengthen the social foundations of Canada, will be mandated to build the economy of the 21st century.

Human Resources and Skills Development will therefore hold a mandate to promote the development of highly skilled workers. As far as I know, however, this is already being done in Quebec and successfully done at that, until there is any evidence to the contrary.

What then lies behind this endless desire of the central government to interfere in areas under provincial jurisdiction, on the pretext of improving Canadians' quality of life, especially when the Employment Insurance mess is obviously not a good advertisement for massive intrusion into an area that would definitely merit being brought into line with the needs of the provinces, the regions of Quebec in particular?

Whether the topic is employment insurance rules, setting up an independent fund, or community housing needs, I can see no need at all to change the rules of the game.

The real issue is this: How is this new approach likely to improve the lot of individuals, when we have not talked at all about correcting the eligibility criteria for the vulnerable people who are EI clients, or about improving the current, inadequate structure?

Bill C-280 introduced by the Bloc Québécois deserves to be adopted, because it establishes the composition of the Employment Insurance Commission. The commission would be far sighted enough to incorporate in its structure representatives of employees and employers appointed by the governor in council, a chairperson appointed by the House of Commons, and vice-chairpersons selected from among the deputy ministers or associate deputy ministers of Human Resources Development Canada.

The second part of Bill C-23 deals with the appointment of a Minister of Labour and all his powers, duties and functions, all for the purpose of improving the standard of living and quality of life of Canadians by promoting, among other things, a highly skilled and mobile workforce, and reinforcing the social foundations of Canada.

How, then, can we explain the government's stubborn opposition to passing an anti-strike-breaker law in the past, the bill now reintroduced by one of our hon. members as Bill C-263? Logically, Bills C-23 and C-263 should be considered together if we want to improve the quality of life of working people.

As for manpower development, the Government of Quebec has no lessons to learn from Ottawa, especially since the four client groups that escaped its grip in 1997—young people, people with disabilities, immigrants and older workers—are not receiving the attention they need for their freedom.

As for the section of the bill dedicated to the national homelessness initiative, whose purpose is to establish support mechanisms for the homeless, especially to help them settle and prevent other people at risk from joining their ranks, the proposed federal initiative itself has no permanence, which is clearly a necessity under the circumstances.

Needless to say, in my riding like in any riding with an inner city, social housing and homelessness are major problems. That is why the proposed measures will have to take into account this new dynamic. Both in terms of approach and funding, we will be expecting long-term solutions, and not ad hoc programs like the ones we are unfortunately seeing all too often these days.

There is nothing in this bill guaranteeing anything substantive to promote housing development in order to make housing more accessible and in particular to ensure that it not take up too much of the tenants' monthly budget. As for measures to improve the employment insurance program, efforts must be made particularly to ensure that they are geared toward helping the target clientele made up of young people, people with disabilities, seasonal workers and older workers who all too often face the sudden closure of their places of work.

It must be recognized once and for all that the solution is not always to question existing programs, be they federal or provincial, but rather to ensure that programs complement one another and respect the jurisdictions of each level of government. If as much energy was put into bringing each existing program, regardless of its origin, in line with the others as is put into claiming paternity for programs, this would go a long way toward facilitating the well-being of all citizens.

In a nutshell, there is nothing in this legislation to ensure a better world in terms of industrial relations, employment insurance and social housing, given that the funding for acceptable solutions is not provided. In this bill as in many others, one of the problems may be insufficient reliance on the available human potential because, in many cases, administrative constraints hinder creativity.

[Robert Vincent, Bloc, Shefford, QC]

Mr. Speaker, in connection with the hiring of replacement workers to take the place of workers on strike or locked out, the Bloc Québécois believes that a Minister of Labour working within the spirit of part 2 of Bill C-23 ought to make a commitment to support Bill C-263. Once again, the Bloc Québécois is the only party in Ottawa defending the interests of the workers of Quebec.

The Canada Labour Code should be amended and brought into line with the Quebec code, so as to ban the use of strikebreakers for once and for all. The best way to acknowledge the exceptional contribution of all those who are involved every day in building our societies is to provide them with the guarantee that everything possible will be done to ensure that Bill C-263, as proposed by the hon. member for Louis-Hébert, is passed. This is a bill to eliminate the outmoded practice of using strikebreakers during strikes or lockouts. The Bloc Québécois will do its utmost to gain the support of the other political parties in this House.

Anti-scab measures are indispensable if there are to be civilized negotiations during labour disputes. Measures against the use of strikebreakers foster industrial peace. They are the cornerstone that ensures a level playing field for employers and employees. They will make it possible to eliminate the existence of two categories of workers in Quebec: those who come under Quebec's jurisdiction and therefore have that right, and those who do not because they work in businesses under federal jurisdiction.

The Prime Minister, who was so anxious to have that position, now needs to show his true colours as far as this bill is concerned. We also need to hear from all of his caucus today. They cannot want to direct the Parliament of Canada and not take part in a debate as important as one on workers' rights. We need to know their intentions. Quebeckers and Canadians can count on the Bloc Québécois to keep after them until a response is forthcoming.

On October 21, a 46,000 signature petition was tabled in the House by my colleague, the former labour critic, in support of workers and asking that the government pass Bill C-328. In solidarity with all workers, the Bloc Québécois adopted a resolution at its last biennial congress recognizing the importance of amending the Canada Labour Code to prevent the use of strikebreakers.

The situation in Quebec and in Canada is that only Quebec and British Columbia have legislation preventing the use of strikebreakers. Four provinces, including Ontario, have included anti-strikebreaker measures in their labour codes.

In Quebec, the passage of the anti-strikebreaker legislation in December 1977, implemented in 1978 under René Lévesque, was unanimously hailed as a great leap forward in workers' rights.

Following a particularly stormy strike at United Aircraft in Longueuil, this measure which seriously limited all employers' abilities to scorn unions with impunity, put Quebec in the vanguard in North America.

In New Brunswick, union leaders have been calling for anti-strikebreaker measures to be added to the provincial labour code for some time now. The same is true in Manitoba and Saskatchewan where unions are trying to convince their governments to adopt such measures.

Section 94(2.1) of the Canada Labour Code contains provisions forbidding replacement workers, but only if the employer uses them for the demonstrated purpose of undermining a trade union's representational capacity. This is a weak provision since the employer need only continue to recognize the existing union and thus not undermine its representational capacity in order to have the right to use replacement workers, strikebreakers or scabs.

In other words, if the employer refuses to negotiate and uses scabs, at that point the Canada Labour Relations Board can forbid the employment of such workers. However, if the employer negotiates or pretends to negotiate with the union in order to avoid this prohibition, it can continue to use scabs. We can see that this is a ridiculous measure and leaves a huge loophole for the use of scabs.

Now I will address the importance of having legislation. There is a general consensus among the various unions as to the importance of having anti-scab measures for both provincial and federal workers. Anti-scab legislation is needed in the current labour climate because it allows greater transparency in labour disputes.

There are many negative effects to having a strike or a lockout and they are enough to illustrate the importance of having anti-scab measures in order to reduce the conflicts. Strikes or lockouts can cause a decrease in local or global economic productivity, in business and government revenues, and in profits, which lowers the purchasing power of the workers directly or indirectly affected by the dispute. In some cases the dispute can cause social problems, debt in the households involved in the dispute, psychological problems caused by stress, and so forth.

I have some thought-provoking numbers. Anti-scab legislation has existed in Quebec since 1977. The average number of working days lost was 39.4 days in 1976. This decreased to 32.8 in 1979. In 2002-03, the number of workers affected by labour disputes in Quebec dropped by 18% and average days lost in 2001 was 27.4. The number of days dropped from 39 to 27 in Quebec with anti-scab legislation.

Anti-scab legislation has existed in British Columbia since 1993. As a result, from 1992 to 1993 the ratio of time lost dropped by 50%. The average number of working days lost between 1992 and 2002 under the Quebec Labour Code was 15.9 days compared to 31.1 days under the Canada Labour Code, which is a difference of 95%. That is the difference between the two. The number of days lost by 1,000 employees from 1992 to 2002 was 121 days under the Quebec Labour Code compared to 266 days under the Canada Labour Code: a difference of 119%.

The 10 month dispute at Vidéotron alone resulted in a loss of 355,340 working days in Quebec in 2002. This is more than a third of all working days lost because of a strike or lockout in 2002 in Quebec. The conflict at Sécur resulted in a loss of 43,400 working days. These numbers certainly do not explain all the circumstances, but they are troubling enough that the government should conduct a serious study of this issue.

The Liberal government should explain to workers its reluctance to support the initiative put forward by members of the Bloc Québécois. But workers know they can always rely on the hard work of the Bloc Québécois to help the government see the light.

I have four more examples of labour disputes that demonstrate the urgency of amending the federal legislation. In May 2001, with the approval of the CRTC, Quebecor bought the Vidéotron cable company with the help of the Caisse de dépôt et placement du Québec. In order to clear up financial difficulties related to this acquisition, Quebec undertook shortly thereafter a streamlining process to save $35 million to $40 million a year in its cable company.

The dispute between the 2,200 employees and technicians of the cable company and Quebecor was considered by many like the last big step in a comprehensive streamlining exercise. The 2,200 Vidéotron employees were on strike or locked out from May 8, 2002 until March 2003. Vidéotron facilities were vandalized many times. The end result was a conflict that lasted more than 10 months.

In the Sécur case, after 99% of workers voted against the employer's latest offers, the 900 employees went on strike on July 5, 2002. On that date, the Sécur company held 75% of the market of valuables transport in Quebec, and its annual turnover was $55 million. It was delivering cash to 1,200 of the 6,000 automatic teller machines in Quebec. Since the labour dispute began, this work has been done by the bank employees and some 100 managers of the company.

The situation deteriorated at the end of August: Sécur employees vandalized automated banking machines by caulking them with urethane foam. The dispute ended on October 9, 2002. The result was that the labour dispute at Sécur lasted over three months.

In the case of Cargill, since they had been without a labour contract since 1999 and were not able to reach an agreement on the content of the collective agreement, the management and the CSN union stopped negotiating on March 21, 2000. Because of the deadlock in the negotiations with the union, the management at Cargill, a grain company, ordered a lock out on March 28, 2000, at its Baie-Comeau facilities, thus affecting 42 permanent employees.

On April 28, 2003, Cargill accepted the recommendation of the federal Department of Labour mediator on the whole collective agreement and on the back to work agreement at its Baie-Comeau port facilities.

On April 18, 2003, most of the 42 Cargill workers also approved the mediator's recommendation. Finally, after years of negotiations, an agreement was reached. But the fact is that the dispute at Cargill lasted 38 months.

In the case of Radio-Nord Communications, the union members, who represent three television stations, namely TVA, TQS and the CBC, and also two other radio stations in northwest Quebec, remained on strike from October 25, 2002, until August 2004.

This was the second labour dispute in four years, the first one dating back to 1998. Over the past 15 years, Radio-Nord has eliminated close to 50 positions in Abitibi. Since the last labour contract, 10 unionized jobs were abolished, including two positions of journalists.

SECAT, which is the union for communications employees in the Abitibi-Témiscamingue and which is affiliated with the CSN, condemns the centralization of the various management groups in the Outaouais region.

This means that the decisions affecting the various communities in Abitibi-Témiscamingue reflect the happenings in the region less and less. While the union was open to resuming talks, Radio-Nord continued to rely on replacement workers. The result is that the dispute at Radio-Nord Communications lasted over 22 months.

The labour disputes at Radio-Nord Communications and Cargill, and those that dragged on at Vidéotron and Sécur, have several points in common. They are long disputes in areas governed by the federal labour code and where the use of replacement workers is permitted. I should also point out that the work stoppage at Vidéotron and Sécur led to acts of violence and vandalism.

Violence and vandalism will never be justified and should be condemned outright by workers' representatives. However, the feeling of powerlessness and not seeing an end to the strike or lockout inevitably leads some of them to take illegal and serious steps. It resulted in cut cables at Vidéotron and ATMs stuffed with urethane foam at Sécur.

Under the Canada Labour Code as it stands today labour disputes are longer and tougher, yet Ottawa still refuses to include anti-scab provisions.

Here are a few numbers. 2003 was a record year for the number of lost person-days. It is important to note that this sad record is due for the most part to strikes in companies under federal jurisdiction, which usually last a lot longer.

Indeed, 57% of the total lost person-days in 2003 were at a company under federal jurisdiction, namely Vidéotron.

It is more than ever necessary to ban the hiring of replacement workers during a labour dispute to reduce violence on the picket lines and help reach a fair balance of powers between employers and employees during negotiations.

There is a very broad consensus among various unions on the need to adopt anti-scab legislation.

It is a necessity in today's world because it allows for greater transparency in a labour dispute. This bill would not cost the government anything. The current government interferes in so many files that are not under its constitutional jurisdiction. It should start by assuming the responsibilities that properly belong to it.

I will conclude my short speech by saying that it could be used by our Liberal colleagues across the way as a working paper. It might help them realize how important it would be for the House to pass anti-scab legislation.

This would show the government's interest in workers who are governed by the Canada Labour Code.

We wonder why there is anti-scab legislation in Quebec, when our next door neighbour, which is governed by the Canada Labour Code, is not entitled to these measures. It can be frustrating for someone to see that his work has been taken over by someone else while he is outside, without salary, availing himself of his rights to better working conditions.

This is why unions are with workers. That is the only time that people can stand up and tell the employer that they are unhappy with all the clauses of the collective agreement and that they want to have the right to strike.

They want to tell their employer that theyare doing without their salary for a period of time, but that, essentially, they want better working conditions. How do you expect them to have better working conditions if, while they are on strike or locked out, they are being replaced with scabs who do their work?

I think that, in such a case, the employer is not in a rush to try to solve the conflict. When the union and the employer want to negotiate in good faith, negotiations go on and scabs are always welcome during that period. Frustration sets in and rises as time goes by, while these people are on the sidewalk waiting to go back to their work.

[Robert Vincent, Bloc, Shefford, QC]

Mr. Speaker, part 2 of Bill C-23 deals with the appointment of a minister of labour and his powers, duties and functions “--with the objective of promoting safe, healthy, fair, stable, cooperative and productive workplaces”. This is stated in clause 18 of the bill.

The objective of the Department of Human Resources and Skills Development is to fully participate in an effective and efficient labour market. The purpose of the mandate is to improve the standard of living and quality of life of all Canadians by promoting a highly skilled and mobile workforce and an efficient and inclusive labour market. This means that the department will play a key role by helping build for Canada an economy for the 21st century and by strengthening the country's social foundations.

While the Bloc Québécois recognizes the main virtues of such a statement, it is skeptical as to what the Liberal government really wants to do, particularly considering that, at the federal level, the use of replacement workers is still allowed and that, over the past 12 years, the Liberals have defeated many bills introduced by the Bloc Québécois to amend the Canada Labour Code and prevent the use of replacement workers.

The debates held in the House of Commons always ended up in setbacks for workers, and the Bloc Québécois does not think that this issue should be dealt with under Bill C-23, which seeks to promote fair, stable and cooperative workplaces.

I would like to quote an article published in the November 1, 2004 edition of the newspaper Le Nouvelliste , in which the Minister of Labour is quoted as saying that:

We did not go so far as to prohibit the hiring of scabs, as did Quebec and British Columbia, if I am not mistaken, said Mr. Fontana. I already said that I was open to discussing this issue.

The very purpose of Bill C-263 on replacement workers, which was introduced by Roger Clavet, is to prohibit employers under the Canada Labour Code—

[France Bonsant, Bloc, Compton—Stanstead, QC]

Mr. Speaker, with your permission, I will be sharing my time with the hon. member for Beauport—Limoilou.

This bill gives a definition of the Department of Human Resources and Skills Development. Early in the bill, we read the following:

The powers, duties and functions of the Minister extend to and include all matters...over which Parliament has jurisdiction and which are not by law assigned to another Minister, department, board or agency of the Government of Canada.

Unfortunately, it is not specified that all these jurisdictions are provincial. In other words, this bill further entrenches the federal invasion of the areas of manpower development and education.

In the next few minutes, I will not come back to the employment insurance aspect, even though it is an important part of the new department. I believe that my colleague for Chambly—Borduas has very clearly explained the position of the Bloc Québecois in this respect.

Let me just recall a few facts. The employment insurance program became a federal jurisdiction when it was handed over by the provinces in the hard times of the second world war. Since then, the federal government, here as in a number of jurisdictions, has done as it pleased, completely ignoring Quebec and the provinces.

The current government can now demonstrate its good will by supporting Bills C-278 and C-280 as tabled by the Bloc Québécois. These two bills would implement necessary and efficient amendments to the Employment Insurance Act, the first in terms of procedure and benefits, the second concerning the EI Commission and its related fund.

Unfortunately, in my riding, EI is taking on growing importance, while the government does nothing to keep businesses in business. EI is and will continue to be very important for a great number of citizens in my riding. However, the current criteria are inadequate on both counts. Workers need a decent income to meet their needs. With all the federal programs that have been slashed for all age groups and for all workers, my riding is looking at a annual shortfall of $23 million, which is an unbelievably large amount.

That being said, let me return to the current bill which, as I was saying, highlights the federal government's interference in provincial jurisdictions.

The mandate of the future Minister of Human Resources and Skills Development will be, among other duties, to strengthen the social foundations of Canada. However—I repeat—these social foundations, as it is clearly said, come under provincial jurisdiction.

The skills development portion of the new department is nothing less than an education department in disguise. The learning bonds are a case in point. The federal government must transfer the money to Quebec and the provinces, rather than establish programs in jurisdictions that do not belong to it. With the transfer to the provinces, the Government of Quebec could help students by limiting debts incurred due to their studies and by providing achievable dreams to our young people.

Bill C-23 stipulates that the new “Minister may enter into agreements with a province or a provincial public body...or bodies that the Minister considers appropriate”. I should hope so; this is obvious. The sectors of labour development and education come under provincial jurisdiction. Provinces and provincial bodies should be consulted, unless, again, the Liberal government acts in bad faith.

In the area of labour development, I will again refer to the bill. It says that the Minister contributes to the achievement of these objectives by supporting the development of human capital, by improving access to post-secondary education, by supporting skills improvement in the workplace and by encouraging Canadians to embark on a path of lifelong learning.

I will provide examples from my riding to demonstrate that the Liberal government has difficulty in managing programs and that it would be well-advised to leave them, with their funds, to Quebec and the provinces.

In the Compton—Stanstead riding, after the closure of the CookshireTex and Cordelli plants, which fell victim to Asian competition, several employees took steps to retrain themselves. They sought to find their way back onto the labour market by becoming specialists.

Instead of encouraging them, the staff at the local employment insurance office thoroughly demoralized them. The federal employees there were saying that the newly unemployed people had more than enough qualifications to get retrained. Those who did not have all the qualifications were told that employment insurance would not pay for seasonal or long-term training.

Is that a show of goodwill? Is that what we call support for the development of human capital, for professional training and for continuous learning? I think the liberal government is laughing in the face of our fellow citizens. Instead of giving such absurd answers, the federal government should address the fiscal imbalance so that Quebec would have the necessary resources to take care of workforce development by itself, without having to go to Ottawa cap in hand.

I am asking my colleagues in this House to stand against Bill C-23, but to be in favour of Bill C-278 and Bill C-280, which, as I said, modify the Employment Insurance Act in an efficient manner. The Bloc Québécois also thinks that the Minister of Labour's mandate, as described in Part II of Bill C-23, is consistent with Bill C-263 on replacement workers. The federal government should support the initiative put forward by the Bloc Québécois by voting in favour of said bill, and thus modify the Labour Code without shaking up the entire Human Resources Department.

Human Resources and Skills Development Act

[Yves Lessard, Bloc, Chambly—Borduas, QC]

Mr. Speaker, I am pleased to have this opportunity to address this bill on behalf of the Bloc Québécois. I will do so by discussing five specific issues. First, I will present our position. Then, I will examine the objectives set out in this legislation and also its mandate and vision. We will see if, given the stated objectives, this mandate and this vision are in harmony. Finally, I will deal with the programs as such, particularly the employment insurance commission.

The Bloc Québécois disagrees with this bill. We do not share its vision, for two main reasons. First, this bill does not in any way improve the current situation regarding the jobless. On the contrary, it confirms the direction taken so far by the government.

The second fundamental reason is that by splitting the current department into two to create a social development department, the government is increasing its interference in provincial jurisdictions, particularly those of Quebec. Later on, I will explain why I am alluding to Quebec in particular; it is primarily in light of the arguments presented by the hon. member for Peterborough regarding continuing education, among others.

On December 12, 2003, the Prime Minister announced the decision to split the department into two separate parts. The reason that he gave at the time was to achieve better strategic results in management improvement. However, we should, among other things, remember the purpose of the employment insurance fund.

The Prime Minister also contended that he wanted to promote an efficient labour market. The government systematically gets back to this issue and claims that the employment insurance fund works well, when in fact employers, workers and all stakeholders in that sector are unanimous in saying that the system no longer works.

The Prime Minister is also saying that he wants to do more for lifelong learning and student aid. In so doing, he is indicating that the federal government will get even more involved in provincial jurisdictions, particularly those of Quebec.

In order to achieve this goal, the federal government wants to mobilize various groups, including the private sector, government organizations and communities, regarding community development and the social economy. The reason I am reminding hon. members of the statements made by the Prime Minister is that we still do not see what is in it for workers affected by the employment insurance issue.

On that same December 12, 2003, the leader of the official opposition in Quebec announced he would be firmly and categorically opposing this new attack on the prerogatives of the provinces, including Quebec. He stated at the time that he unreservedly opposed the establishment of the new Department of Human Resources and Skills Development, of the Department of Social Development and of a cities secretariat.

It is my understanding that, administratively, cities do not come under the federal government but the provincial governments. This goes to show how clear and definite the intent is; the government is going as far as wanting to enshrine it in legislation. The structures announced will serve no purpose and clearly reflect, once again, interference from the federal government.

The hon. parliamentary secretary and member for Peterborough is right when he says that these are important departments and that it may be useful to consider a certain division of responsibilities in terms of their missions, particularly the social mission.

It is recognized that the social aspect, as far as day care centres, parental leave, compassionate leave, seniors and so on are concerned, should come under the responsibility of the provinces.

From the moment that attempts are made to make these the responsibility of a given department, this shows the particular nature that is intended to be given to this department with respect to areas of provincial responsibility.

In addition, administratively, this will complicate things instead of easing and simplifying them, as promised. The Secretary of State acknowledged that much when he said we would have a single window for all the services announced.

So, what will change in terms of services? The body, the service delivery organization, remains the same but a second head is attached to it. We end up with a body with two heads, with the drawbacks this normally entails: more complex directives, and often two sets of directives.

I think the member for Peterborough will acknowledge it. Officials from his own department have acknowledged that the legislation is already very difficult to enforce. They have a hard time with it. I am talking about the Employment Insurance Act. If the same approach is used for the other services there will be no end to the problems.

That said, let us look at the vision and mission of the Department of Human Resources and Skills Development. Let me start with the vision. The vision is to build a country where everyone has the opportunity to learn, and to contribute to Canada's success. However, we have the right to expect a policy that would make things easier for people who have the misfortune of losing their job, that would simplify the rules and makes it easier to access employment insurance. We want this department to contribute to Canada's success.

As I was saying earlier, this is interference in entirely provincial jurisdictions. The bill talks about promoting an efficient labour market and a highly skilled workforce. This comes under the area raised earlier by the Secretary of State. This entire area has to do with training the workforce. There is still no measure to correct the whole employment insurance fund problem.

As for the mission, we are still making quite extraordinary discoveries about the government's intention. According to the mission statement, the department will contribute to achieving its two objectives by supporting human capital development, enhancing access to post-secondary education—a jurisdiction of the provinces and Quebec—supporting workplace skills development, and encouraging lifelong learning for Canadians.

This is a niche the federal government created for itself in 1997 through its famous agreement with Quebec. There are four areas of jurisdiction, four well-defined niches that belong to the provinces: on-the-job training, immigration, seniors and young people and persons with disabilities.

This is also very interesting, because the federal government is getting involved in a new jurisdiction, one in which it did not get involved in the past. The government is also promoting a working environment that is safe, sound, fair, stable and cooperative.

So, the act, for those provinces that have one—and heaven knows that Quebec is far ahead in this regard—deals with people who are injured at work and who are affected by occupational diseases, through a body called the CSST.

Quebec also has legislation on the prevention of occupational diseases and accidents on the job, which gives the Quebec government a lot of flexibility to support businesses and workers, to take preventive measures and, when an accident occurs, to ensure that the individual and the company are affected as little as possible.

We have this body called the workplace security and safety commission—the CSST—which operates at arm's length, and in a way that we want to propose to the federal government for the employment insurance fund.

Let us now turn our attention to the employment insurance fund. First, we must look at the programs. The seven programs announced by the government, which will be under the responsibility of the Department of Human Resources and Skills Development, deal with employment insurance benefits, employment programs, the workplace, learning, work, the homeless, service benefit support and benefit distribution.

Of those areas, there are already four in which there is federal interference in provincial jurisdictions, including, of course, those of Quebec. First, there is employment insurance. The government is once again keeping the whole empty administration shell of the employment insurance fund, by putting responsibility for it in the hands of people who are directly appointed by the government. We know what this way of doing things has led to so far: the government has dipped into the surpluses, thus largely contributing to the fiscal imbalance, and this is unquestionably an infringement on the provinces' ability to use that money for other means, or for the same purposes.

There is also the whole issue of replacement workers in cases of conflicts, the antiscab legislation, which I will not talk about here, in the House, since someone else must probably do so today or in the next few days. The issue of homelessness comes under provincial jurisdiction. As for training and manpower development, I will not say more, because I talked about this earlier.

However, concerning the Employment Insurance Commission, the government is staying the course. What is it telling us here? It is maintaining the commission. It is recommending four commissioners. One commissioner shall be the Deputy Minister of Human Resources and Skills Development, who shall be the chairperson. The Associate Deputy Minister shall be the vice-chairperson. A person shall be appointed after consultation with organizations representative of labour and representative of employers. They will have no power. It is an empty shell. All they will have to do is manage the what goes on, without having one word to say about what the government is doing with the employment insurance surplus, among other things, but mostly with the premium and benefit issue as such and the whole regulation of employment insurance.

Consequently, the Bloc Québécois, speaking for Quebec, disagrees totally with this approach. What we are favouring and promoting is, of course, the bill we introduced, which calls for a commission consisting of a chairperson, two deputy ministers, an associate deputy minister, seven management representatives and seven labour representatives. Why so many? Because it is these people who invest in the fund. It is for them that the fund was created. Since 1980, the federal government has not invested one cent in the fund.

This is not to make the fund strictly independent and strictly under the jurisdiction of the representatives of the two parties that contribute to it, that is workers and employers. The government will also be involved in its capacity as legislator, in order to ensure follow-up on decisions taken by the House on the recommendation of this new commission.

This approach matches in every aspect the repeated requests from all employers through their respective associations. Again this week, they made requests in subcommittees appointed by this House, and all of the labour organizations and other stakeholders which have voiced an opinion on this commission have done the same. Consequently, we have trouble understanding why the government does not bow to this demand and why there has been no openness on this front so far.

To quote what Hassan Yussuf, senior economist for the Canadian Labour Congress said only days ago:

The Employment Insurance Commission needs to be at arms length from the government. It must be independent in order to supervise the situation and then report to the public. We do not want to see it administered solely by workers and employers, but see it instead as tripartite. The government must be an equal partner.

We agree with that. It is very similar to Bill C-280 introduced in this House by the hon. member for Manicouagan.

In addition to this statement, there was another very important one by the secretary general of the FTQ, who said, “...it would be fair for the federal government to join us. So we very much agree on an independent fund, or even a trust.”

He gave as an example a trust like that of the CSST, Quebec's workplace health and safety board.

I will conclude with a brief aside concerning the anti-scab bill recently introduced in this House by the hon. member for Louis-Hébert. It contains one very important measure, given the impact related to the role of labour in working relations.

I can say right now that the government ought to support Bill C-263, since the minister of Labour himself opened up the issue recently.

I have a lot more to say, but I will save it for later. In conclusion our position is this: because it proposes an Employment Insurance Commission without any real power, with the opposite makeup to that outlined in Bill C-280, which I mentioned previously; because it institutionalizes blatant constitutional interference in the jurisdictions of Quebec and the provinces, particularly with respect to the National Literacy Secretariat, Learning Initiatives Program, Office of Learning Technologies and the homeless issue, the Bloc Québécois believes that Bill C-280 proposes a more suitable Employment Insurance Commission to respond to the needs and realities of the labour sector.

Therefore, in conclusion, the Bloc Québécois believes that the mandate given to the Department of Labour in Part 2 of Bill C-23 is in harmony with Bill C-263 on replacement workers. Consequently, the Liberal government should support the Bloc's initiative by voting in favour of this bill, thereby amending the Canada Labour Code.

Canada Labour Code

[Roger Clavet, Bloc, Louis-Hébert, QC]

moved for leave to present Bill C-263, an act to amend the Canada Labour Code (replacement workers).

Mr. Speaker, I am extremely proud to introduce an anti-scab bill this morning. Its purpose is to ban the use of strikebreakers by companies under federal jurisdiction.

René Lévesque gave Quebec such legislation in 1977. It is high time to fill the gap left by the Canada Labour Code. In particular, this bill is intended to avoid any more labour conflicts involving intimidation and violence. Examples of these are Vidéotron, Cargil, Sécur and Radio-Nord.

The intention of this bill is to civilize labour relations in the event of strikes or lockouts. I would invite all members of this House to support this totally non-partisan bill, in order to eliminate the use of scabs, which is still permitted by the Canada Labour Code.

(Motions deemed adopted, bill read the first time and printed)