Let me get right to the questions.
Does the minister plan to give parliamentarians what they want by asking his government not to slow down the work in committee and to enact Bill C-257 when it is passed at third reading?
This bill is from the 39th Parliament, 1st session, which ended in October 2007.
Richard Nadeau Bloc
Introduced as a private member’s bill. (These don’t often become law.)
Defeated, as of March 21, 2007
(This bill did not become law.)
This is from the published bill.
The purpose of this enactment is to prohibit employers under the Canada Labour Code from hiring replacement workers to perform the duties of employees who are on strike or locked out.
The enactment also provides for the imposition of a fine for an offence.
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.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-257s:
Human Resources and Skills Development—Main Estimates 2006-07Business of SupplyGovernment Orders
November 1st, 2006 / 9:35 p.m.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
Let me get right to the questions.
Does the minister plan to give parliamentarians what they want by asking his government not to slow down the work in committee and to enact Bill C-257 when it is passed at third reading?
Alleged Similarity of Private Members' BillsPoints of OrderRoutine Proceedings
November 1st, 2006 / 3:45 p.m.
NDP
Libby Davies NDP Vancouver East, BC
Mr. Speaker, I rise on the same point of order. I did not hear the beginning of the comments of the member who has raised the question about Bill C-257 and Bill C-295, but I have the general gist of it. There are a number of issues here as well as concerns that we would want to put forward, because it is our member who has introduced Bill C-295.
The first point I would make is that when these bills were introduced they were approved by the Table. They both came forward in good faith, so certainly to suggest now that through some other arbitrary measure or ruling by the Speaker or that you somehow make a decision that one bill would be removed, I think that would very much place this member in limbo.
The fact is that these two bills, although they deal with the same subject matter, that is, replacement workers, are different bills. There are differences between the two bills, for example, in the question of penalties. I do not have the two bills before me so I cannot go through them clause by clause, but there are differences in these bills. That is why they were permitted in the first place.
If you made such a ruling as requested by the member from the Liberal Party, what would happen to that member who has the second bill? She has proceeded in good faith. She is about to go to a second hour of debate. If she chooses to make some other arrangement with a member in terms of the order in which things come up, that is her prerogative, but to have that decided by a third party, whether it is you or somebody else, I think would be very unusual. I do not know on what basis that would be done. I would be very concerned that she would lose the position she has. I think that would actually set a precedent, because then where else would it happen in private members' business?
I understand the concerns of the member, but I think to take such an action through the Speaker and to remove that member's place would be highly unusual and very problematic. The bill is now here and it is in effect the property of the House. I really question whether or not what the member is suggesting is a wise thing to do in the long run and so I would ask you to take that under advisement if you are going to consider this question.
Alleged Similarity of Private Members' BillsPoints of OrderRoutine Proceedings
November 1st, 2006 / 3:40 p.m.
Liberal
Derek Lee Liberal Scarborough—Rouge River, ON
Mr. Speaker, this point of order concerns the presence of Bill C-257 and Bill C-295 on our order paper. Both of these bills are private members' bills and they provide for prohibitions on the use by employers in federal jurisdictions of replacement workers during a strike. Bill C-257 was passed at second reading by this House on October 25, last week.
Both of these bills are substantially the same and I proceed on the assumption that the Speaker will agree that they are substantially the same, one minor difference between them being that the quantum of a fine or penalty for an infraction is slightly different.
The passage or adoption of both of these bills would create a legal impossibility or confusion here for our Parliament and for the public. The House is now faced with this issue. Fortunately, we do have some wisdom of a previous House to rely on.
The question is, what should happen to the second bill, which the House has not voted on yet? I refer to the ruling of the Speaker in this chamber on October 29, 1957, almost exactly 49 years ago, when a bill introduced by a member to provide for vacation pay for employees in federal jurisdictions was substantially the same as a government bill then introduced. From the journal, the Speaker quotes from Erskine May, 15th Edition, page 499:
There is no rule or custom which restrains the presentation of two or more bills relating to the same subject, and containing similar provisions. But if a decision of the House has already been taken on one such bill, for example, if the bill has been given or refused a second reading, the other is not proceeded with if it contains substantially the same provisions, and such a bill could not have been introduced on a motion for leave. But if a bill is withdrawn, after having made progress, another bill with the same objects may be proceeded with.
Here I refer the Speaker also to Beauchesne's sixth edition, at page 198, note 653.
If the Chair agrees that because of the adoption of Bill C-257 last week some step must be taken to deal with Bill C-295, the question is, then, what is to be done?
Bill C-295 is currently on the order of precedence and could ordinarily move to a second hour of debate and a vote as early as next week, I think next Tuesday. I think it is clear that this bill should not be further debated and should not be voted on at second reading. The bill should be removed from the order of precedence because that listing is specifically designed to provide for debate and disposition by the House.
I would submit that it is not necessary to have the bill totally withdrawn because it is possible that Bill C-257, which was passed, could be defeated or negatively dealt with by this House or a committee in the future.The way would then be clear for the mover of Bill C-295 to proceed with that bill.
However, we should also note that the member introducing Bill C-295, which has not been dealt with at second reading by the House, has already been selected by our rules to move a bill that he has selected, and he has chosen this one. It would be arguably unfair to prejudice his position by placing him and his bill back in the initial order paper, at the back of the line behind all of the members who have private members' business.
What I am suggesting is that the Speaker place the bill aside in a type of procedural holding place, a procedural position not yet provided for in our rules but adverted to in the 1957 Speaker's ruling, so that the bill could be placed on the order of precedence again in this session, or even in a subsequent session, if that is consistent with the procedures for private members bills'. As for Bill C-257, if it is defeated or otherwise removed from the order paper, this issue could also be reviewed, of course, by the procedure and House affairs Committee.
I hope my comments are helpful to the Chair and will enable the Speaker to take the most appropriate action on this matter.
Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK
Mr. Speaker, I can assure the hon. member that the minister will be meeting with the standing committee as soon as possible. However, let me address one of the points that the hon. member has made.
While in her esteemed opinion Bill C-257 is a bill that will protect both the workplace and the worker, independent analysis and studies have proven just the opposite. In fact, studies have proven that for those companies that do not have replacement workers, the strikes last a shorter duration and the settlements are actually higher. These are well documented.
For those reasons and many more, I would suggest that all members of the standing committee take a close look at the impact that this bill will have. I will assure members that banning replacement workers will have nothing but a detrimental effect on both the employer and the employees.
Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform
Mr. Speaker, I truly wish that the hon. member had more time because I know how quickly even two hours in a filibuster goes.
Let me begin by saying that the minister responsible and the majority of members of this House recognize one simple fact. Bill C-257, which calls for changes in the Canada Labour Code in the banning of replacement workers, was accepted in a vote by the majority of members of this House. We accept this and we certainly accept the will of Parliament.
We are pleased to see that this bill will be referred to a standing committee. The committee will be able to examine this bill in far more detail and hopefully make some significant and substantive changes to this bill. I must state that the majority of members on the government's side are opposed to this legislation in principle.
Why? Bill C-257 does not provide in my view any benefits to workers and it does not balance the needs of employers, employees and unions. We all know and we all agree that successful labour relations must have a balance. They cannot be one-sided. The scales cannot be weighted so heavily on one side or the other because that would sort of tip that balance of equity and fairness that both employers and employees feel that they require.
The existing provisions of the Canada Labour Code succeeded in balancing the interests of labour and management, and providing the flexibility needed when dealing with labour negotiations. This bill does nothing to address those issues.
As I said, I am extremely pleased that the bill will be studied in some detail by the standing committee. I am sure that the committee will hear evidence that will convince all members of that committee that this bill is not in the interests of Canadian workers nor the Canadian economy.
Let me reiterate one more time that our government maintains there must be a better approach. There is a better approach to dealing with the issue of replacement workers. I know the minister looks forward to discussing this legislation with the standing committee, so they can both work together to build a workforce and an economy that is both prosperous and cooperative.
Peggy Nash NDP Parkdale—High Park, ON
moved for leave to introduce Bill C-375, An Act to amend the Canada Labour Code (minimum wage).
Mr. Speaker, it is a pleasure to rise in the House to introduce an act to amend the Canada Labour Code. This bill would re-establish a federal minimum wage and set it at $10 an hour.
Canada is unfortunately and quite unnecessarily considered a low wage country with high rates of poverty. It is time for Parliament to show leadership at the federal level in the area of income security. The Arthurs report, which was released this morning, clearly calls on us to make fair and equitable labour standards a national priority. It also strongly suggests that we re-establish a federal minimum wage in this country.
It is my sincere hope that this bill will find support among MPs from all political parties in this House. The second reading of Bill C-257 to ban replacement workers shows what we can do when we reach across party lines to accomplish results for working people.
I hope that all members in this House will support this bill and other measures to ensure that in a just society, no one working full time and for a full year should find themselves living in poverty.
(Motions deemed adopted, bill read the first time and printed)
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
Mr. Speaker, I am very pleased to table in this House a petition with over 2,000 signatures in favour of Bill C-257 against replacement workers.
Quebec has had such legislation for 30 years for workers under Quebec's jurisdiction. Strikes and disputes do not last as long, they are less violent and the general mood is healthier when employees go back to work. Generally speaking, there is labour peace in Quebec. This is due in large part to the anti-scab legislation.
Some 2,000 workers from across Quebec have signed this petition.
I want thank in particular Monique Allard from the Canadian Union of Postal Workers for collecting most of the signatures.
Hazardous Materials Information Review ActGovernment Orders
October 16th, 2006 / 4:15 p.m.
Bloc
Marcel Lussier Bloc Brossard—La Prairie, QC
Mr. Speaker, I am especially pleased to speak to Bill S-2, since the area of hazardous materials was my concern for several years in my career as a health and safety engineer for Hydro-Québec. I even brought with me the guide my colleagues and I prepared on managing hazardous materials.
The Hazardous Materials Information Review Act is governed by a board. This large board is made up of 18 members, including 2 workers, a supplier, an employer, a federal government representative and 4 to 13 representatives from the provinces and territories.
This large board is part of the framework of WHMIS, which stands for Workplace Hazardous Materials Information System. WHMIS participants and stakeholders can be divided into four main categories. First are the suppliers and manufacturers. Next are the workers who handle the products. Third are the employers or industries that purchase the products. Finally, there are the provincial, territorial and federal governments that monitor the system.
WHMIS, the information system, must provide workers with all the health and safety information they need to handle hazardous materials without any risk to themselves, their neighbours, friends or colleagues, and in order to avoid all dangerous situations for pregnant women.
Information on the use of hazardous materials in the workplace is provided in two ways. First, information appears on the label. All containers must have an identification label. If a label identifying a product is damaged, covered or illegible, the worker has the right to refuse to handle the container and its contents, and can have the contents verified by the manufacturer, if the manufacturer is identified on the label. Otherwise, the product is disposed of in a safe manner.
The second is the material safety data sheet, which must be kept in a catalogue accessible to everyone at all times. It is important to emphasize “at all times”. Regular drills must be conducted to verify the storage location of the binder or catalogue. The MSDS must also be kept up to date and must be accessible to workers. This means the catalogue or MSDS cannot be locked up in a supervisor's office or someone else's office. All of these details must be discussed regularly during mandatory workplace health and safety meetings.
Careful attention must be paid to making new employees aware of health and safety regulations because they must know where catalogues are located and be familiar with all of the products they will be using in the workplace.
What information does the MSDS provide? First of all, it lists dangerous ingredients and, if applicable, toxic products. Second, it details the health and safety risks associated with using the product. Third, it describes product-handling precautions. Fourth, it recommends the first aid to be given in cases of accidental exposure, such as ingestion, skin contact or inhalation.
Anyone who cares about the environment will be careful when disposing of large quantities of these products and will know how to respond appropriately in case of accidental spills in sewer or storm drains or in sensitive environments, such as lakes and reservoirs, wetlands or other vulnerable ecosystems.
Bill S-2 proposes three changes. I have read the speeches given by the senator and other senators during debate in the Senate. I hope that there will be no questions insinuating that I have cribbed from the senators.
Trade secrets represent the first major change. In my opinion, there has to be a certain balance between the right of workers and employers to have complete information about the use of hazardous products and the industry’s right to protect trade secrets, patents, contents and components, which competitors could use to their advantage.
The Hazardous Materials Information Review Commission will therefore have the power to grant exemptions to protect genuine trade secrets of manufacturers and distributors of hazardous products. The commission will review claims for exemption. As well, the required health and safety documents will be filed, and manufacturers will also be asked to provide documents of an economic nature. Those measures will protect the confidentiality of the information and will also eliminate the financial consequences of disclosure of the documents.
The second amendment to the existing act allows for voluntary correction of material safety data sheets and labels where the Hazardous Materials Information Review Commission determines that they do not comply with the act. This is a new procedure. There is also a third amendment proposed in the bill, to improve the appeal process.
The Bloc Québécois supports the principle of Bill S-2 and believes that when it comes to hazardous materials it is crucial to keep worker safety in mind. We also believe that this essential effect must be the basis of all decisions made. The Bloc Québécois notes that there is unanimous support for the amendments to the Hazardous Materials Information Review Act set out in Bill S-2 among the members of the commission’s governing council, that is, among the participants I identified earlier: industry, workers and governments.
The Bloc Québécois supports Bill S-2 so that the amendments that the leading stakeholders in those groups have called for can be enacted. In everything it does, the Bloc Québécois seeks to protect working men and women, and that is why it has introduced Bill C-257 to ban the use of replacement workers. There is also a bill on preventive reassignment on the order paper, the purpose of which is to provide women in Quebec who work in undertakings under federal jurisdiction with the same benefits in respect of preventive reassignment as other working women in Quebec.
A third bill, Bill C-269, to improve the employment insurance system, is one such law that affects working men and women. I would remind you that the Bloc Québécois also had the throne speech amended to incorporate an income support program for older workers.
The Bloc Québécois will be supporting Bill S-2.
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
Mr. Speaker, I want to thank my colleague, the NDP member for Vancouver Island North, for her presentation and clarifications. I especially want to thank her for introducing this anti-scab bill.
As hon. members are aware, last June, the Bloc Québécois, represented by my colleague from Gatineau, introduced Bill C-257 in this House. This bill truly prohibits replacement workers, because the existing Canadian legislation does not.
At present, part III of the Canada Labour Code prohibits replacement workers, but an employer just has to keep negotiating with a union, or pretend to be negotiating, in order to hire as many replacement workers as it wants.
This is the tenth time the Bloc Québécois has introduced an anti-scab bill in this House. Some bills died on the order paper, while others were not votable. The second-last bill was defeated by 18 votes and the last bill, in 2005, by 12 votes. We intend to carry the vote in late October. We will do everything in our power to win it.
This House can see that we are in good shape to win the vote on this bill, because the NDP will support us. Moreover, every Liberal member who has spoken in this House has promised to support us. Things are looking good, and we are confident that our Liberal colleagues will eventually decide as a group, this time publicly and officially, to support both the Bloc Québécois bill and the NDP bill.
The Bloc Québécois is in favour of improving conditions for workers, who make a vital contribution to our society's economic well-being and quality of life. Clearly, the Bloc Québécois will support our NDP colleague's bill.
However, because Bill C-257 will be put to a vote first and will pass, we trust that it will not be necessary to hold a second vote on a nearly identical bill. There are slight differences between the two bills, and I would have liked the member for Vancouver Island North to describe them, because our bill seems more comprehensive and appears to cover a greater variety of situations. That said, we support Bill C-295 introduced by the NDP.
The benefits of a bill like this one are well known. Currently, there are two classes of workers in Quebec, one of which falls under the Quebec labour code. They have the right to very effective anti-scab legislation that makes for shorter, less violent disputes and contributes to a more positive work environment. This is perfectly clear because Quebec has had legislation in place since 1977; the facts are obvious.
I would like to cite a few statistics, but one has only to look to see the situation clearly. Anyone who watches TV news reports or reads the newspapers will have noted that over the past 30 years, the longest, most violent, most difficult strikes, those that produce the most arduous labour disputes, are the ones that take place within organizations that fall under federal jurisdiction.
I would like to try to refresh the minister's memory. Vidéotron: an extremely violent strike that lasted 10 months during which many Vidéotron facilities were vandalized. Sécur: more vandalism and another long and difficult dispute that lasted three months.
Cargill: 38 months—that is more than three years. This conflict caused wounds to the community of Baie-Comeau that have yet to heal.
The Radio-Nord Communications strike lasted nearly two years—22 months, to be precise. My favourite—if I can call it that—because it was the most ridiculous of them all, was the labour dispute at radio station CHNC in Bonaventure. It lasted three years. After two years, the 12 replacement workers demanded membership in the union.
Clearly, this is senseless. The replacement worker option leads to just the kind of difficulties and absurd situations as those the Bonaventure radio station experienced. The minister stated his point of view, but I do not agree at all.
The first time that he spoke in this House against the Bloc Québécois' proposed bill, he referred to studies and analyses conducted by the Montreal Economic Institute and the Fraser Institute. Those analyses were strange, to say the least, because they were based on outdated information—the figures were from 1960 to 1999. The studies had been conducted in very large businesses, although the Quebec economy is based primarily on SMEs. There are data much more recent than those of 1999. On the strength of the Fraser Institute study, the Minister of Labour had argued that there was less investing in those provinces that have anti-scab legislation.
We were quick to point out that those two studies made no sense and that investing depends on many other factors besides anti-scab legislation. In any case, the statistics we see do not correspond to this argument.
He found other arguments to justify the fact that he was against the bill. In 1991, the Minister of Labour voted to support an anti-scab bill. I would point out that, at the time, he was a member of the same party, but he had the interests of the workers in his riding at heart. He represents the riding of Jonquière—Alma, which has one of the highest degree of union representation of any riding in Quebec, if not all of Canada.
How is it, then, that he supported anti-scab legislation a few years ago, but he no longer supports it now?
On May 1, 2006, he replied to me in this House that, being theMinister of Labour, he now had to consider the issue from a Canadian perspective. It was very interesting, because he seemed to be in agreement. In his introduction, he said that it was desirable in Quebec, because of its distinct society. I do not agree with that either, because I believe we are a nation. He chose to translate it by "distinct society". Thus, he was saying that Quebec is a distinct society and that anti-scab legislation is part of its traditions, but since he was now a minister, he had to view things from a Canadian perspective.
Is it possible that the Minister of Labour has cashed in his social conscience for a limousine? Would that be possible? I ask the question because it is just too incredible. In 1991, he agreed and today he no longer does because he is the minister.
Does this mean that he would agree if he were a mere MP today? Imagine that the member for Jonquière—Alma, Minister of Labour, truly wishes to defend the interests of the workers in his riding. Then should he not, in caucus and cabinet, seek to convince his colleagues and the ministers of the Conservative Party of the pertinence of an anti-scab bill for which he voted in 1991 and which, he believes, is part of Quebec's traditions? That is what he said last May.
Now he only sees the disadvantages of this legislation. He says it is not based on proof and that it has no advantages. I will not repeat each of his arguments, but it is impossible that there are no advantages. It is impossible that there has been such a law in Quebec for 30 years that has no advantages for workers or for industry. The latter are not complaining and have adapted quite well to this law. I doubt they would go so far as to promote it but they are living quite well with it.
It is an exaggeration to say that there is not a single advantage; it means that it is insignificant.
Lui Temelkovski Liberal Oak Ridges—Markham, ON
Mr. Speaker, I am pleased to speak today to Bill C-295, an act to amend the Canada Labour Code, replacement workers.
The House may find that it is experiencing a bit of déjà vu, as the House is also considering Bill C-257, a bill with the same title, same principle and same goal. Nonetheless, I am pleased to speak today and address this important labour issue.
I have a bit of a different perspective than most members on labour issues. I grew up in eastern Europe in the 1950s and 1960s. The House is familiar with the strife, fighting and the unrest that existed in many former Warsaw Pact countries. The transition to communism brought much upheaval to communities all across eastern Europe. We all had to make significant lifestyle changes while living under its powerful grip. Thankfully, my family came to Canada in the 1960s. We came to a land of peace, social security and balance. I am shaped by my childhood experiences, as we all are, and I do not take the social cohesion and solidarity we enjoy in this country for granted.
Peaceful relations between employers and workers are the norm in Canada. This was the case in the 1960s and it still is today. We must do what we can to ensure that we continue to enjoy social security as well as labour, peace and stability.
The Canadian Oxford Dictionary defines economy as the state of a country or area in terms of the production and consumption of goods and services and the supply of money. We often equate the economy with finances but it is much more than that. It is a human construct of perimeters that include a whole range of human activities.
A stable economy, in my view, brings with it peace, security and an environment in which people may gain a livelihood. People may work, enjoy leisure time, spend time with families and friends, pursue hobbies and engage in sports, academics or whatever they may choose.
No one should underestimate the influence of the labour movement on our day to day activities and our economy in the above sense. Peace and stability in the labour movement ensures that we may enjoy our lives to the fullest extent possible.
I grew up in an environment where this was not possible because of the power of the Communist dogma and the labour unrest and discontent that it entailed. The tensions were high between the working class and the government. Trust me when I say that this is not a situation in which anyone should want to find himself or herself. That is why I chose to speak today.
An act that restricts replacement workers from being hired during a strike or lockout is important. It is important for workers, for employers and, ultimately, for all Canadians.
Anti-replacement worker legislation is presently on the books in British Columbia and Quebec. This is an important policy for ensuring that rights are respected and all stakeholders are brought to the table. Such legislation may help to end strikes or lockouts sooner. It can help bring people together to make compromises and ensures an end to the work disruption, which comes at a later time.
Anti-replacement worker legislation is about encouraging all players to come together to find common ground and find the solution. A lockout or strike inevitably entails tension, hard feelings and stress between workers and management. We must seize the opportunity to help reduce tensions and bring the parties together on some sort of equal footing.
The principle of this legislation and Bill C-257 allows the Canada Labour Code to be a progressive document. We have a duty as parliamentarians to look after both the interests of workers and employers. We can best do this by respecting human rights, ensuring an inclusive environment and a level playing field for all.
I have spent the last few minutes speaking in support of the principle of the bill. It is unfortunate, though, that the House has to deal with Bill C-295. We already have another legislative proposal, Bill C-257 on the order paper. I question why the hon. member for Vancouver Island North introduced Bill C-295 after an almost identical bill was introduced just 13 days prior to her own bill.
As a result, I question the efficiency of the House having to deal with Bill C-295. It would be much more efficient and more conducive to realize the goal of the legislation if we were to all work together and urge our colleagues to support Bill C-257 which was already on the order paper. This way the House could have spoken with one voice on this matter in a much more focused fashion.
Even the leaders of the Canadian Labour Congress want to see one piece of legislation because it means a better chance of something actually getting passed in the House. With anti-replacement legislation already on the order paper, this would have been a once in a lifetime opportunity for the hon. member for Vancouver Island North. As she knows, private members do not often get the opportunity to bring the issue that matters to them most to the floor of the House.
As I was lucky to be number eight in the private members' draw, I put a motion on rural route mail delivery before the House. In my view, she could have worked with the member for Gatineau on the replacement worker legislation and introduced another bill or motion on another important issue in her riding. After all, every constituency has several matters that deserve attention. In that way she could have had her anti-replacement worker legislation and addressed another subject of importance to her constituents.
For that reason, I find it very difficult to support Bill C-295. I support the principle but, with another similar bill ahead of it in the queue, Bill C-257, it just does not make sense, from the viewpoint of efficiency, for the House and it is not in the interest of employer-labour relations.
Let us put our support behind workers and employers in a focused fashion and speak with one voice. A legislative proposal of this kind has been before the House several times before. Let us work together in a concrete fashion, like we are urging employers and workers to do, and get Bill C-257 to committee so it can be further studied and we can hear from stakeholders and experts in the field.
I have a riding that is very much engaged with the Canadian economy. A number of head offices and headquarters are located in Oak Ridges—Markham and I have a very low unemployment rate. As a matter of fact, I am pleased to host a business seminar in my riding.
On October 11 in Markham, Public Works and Government Services Canada will be doing a seminar presentation on how to do business with the Government of Canada. I am pleased to host this seminar which would be useful for any enterprise in attempting to promote its goods and services to the Government of Canada.
I congratulate members for raising the issue of replacement workers in the House and I look forward to hearing from my colleagues in the debates that follow.
The Speaker Peter Milliken
I am now prepared to rule on the point of order raised on June 6, 2006 by the hon. member for Roberval—Lac-Saint-Jean in relation to the need for a royal recommendation for Bill C-257, an act to amend the Canada Labour Code (replacement workers).
I would like to thank the hon. member for Roberval—Lac-Saint-Jean for his very thorough presentation, as well as the hon. member for Vancouver East and the hon. government House leader for their contributions on this point. The Chair appreciates greatly the seriousness with which they have approached this matter.
The central issue relates to clause 2 of the bill, which would insert new provisions in section 94(2.1) of the Canada Labour Code allowing the minister to designate investigators who would have the power to verify and report on whether replacement workers were being employed during a strike or lockout.
The key question is whether the designation of these investigators constitutes an authorization for new spending for a distinct purpose. As part of its review of the bill in attempting to find an answer to this question, it is helpful for the Chair to determine whether new functions are being contemplated or whether the functions proposed are already foreseen as being part of the usual workload of existing personnel.
With regard to Bill C-257, the Chair has taken note of the points raised by the hon. members for Roberval—Lac-Saint-Jean and Vancouver East, namely that other sections of the Canada Labour Code contain provisions for inspectors, albeit not for investigators. Sections 248 to 251 describe the duties of inspectors who may inquire into employment in any industrial establishment, and in particular, matters relating to wages, hours of work, or conditions of employment.
Do the new provisions proposed in Bill C-257 alter the statutory functions of inspectors so significantly as to require a royal recommendation? The hon. members for Roberval—Lac-Saint-Jean and for Vancouver East made arguments to the contrary and the Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform did not contest those submissions.
Having heard arguments and reviewed the provisions of the parent act that describe the duties of inspectors, the Chair is prepared to conclude that the provisions in Bill C-257 which relate to the designation of investigators by the minister do not constitute an authorization for new spending for a distinct purpose. The functions which are already being performed by inspectors would appear to be reasonably similar to the functions envisaged by Bill C-257.
Therefore, I am prepared to conclude that Bill C-257–in its present form–may continue to be considered by the House of Commons without the need for a royal recommendation.
As the hon. member for Vancouver East has rightly pointed out, BillC-295, standing in the name of the hon. member for Vancouver Island North, is very similar in nature to BillC-257 and indeed contains provisions that are identical, particularly with regard to the work to be performed by investigators.
Accordingly, I am prepared to indicate to the House immediately that Bill C-295 does not require a royal recommendation.
As members can appreciate, the determination as to what legislative initiatives require a royal recommendation can be a highly complex exercise. At the outset, the Chair wishes to dispel any notion that there is one set of rules on the royal recommendation for majority government situations and another for minority government situations. The preoccupations of the Chair concerning the royal recommendation may seem to be new, but are well grounded in constitutional principles and will continue to exist regardless of the composition of the House.
As I indicated in my statement to the House on May 31, 2006, the reforms adopted in 2003, the coming into force of which has coincided with the minority situation that has since prevailed, have resulted in more private member's bills being votable, thereby increasing the number of bills with the potential to reach the third reading stage.
In addition, as members have only one opportunity to sponsor an item over the course of a Parliament, the Chair has sought to provide members with ample opportunity to address possible procedural issues in relation to their bills. For these reasons, a number of new practices have been instituted.
Where it seems likely that a bill may need a royal recommendation, the member who has requested to have it drafted will be informed of that fact by the legislative counsel responsible for drafting the bill. A table officer will also send a letter to advise the member that the bill may require a royal recommendation.
The Chair relies on our clerks and on our legislative counsel to make a first determination on what may appear to infringe on this financial initiative of the Crown. Of course, our clerks and legislative counsel are wise in these matters but they are not omniscient. That is why the Chair alerts members when, prima facie, a provision appears to contain a new authority to spend. Members are then expected to rise and explain precisely what these initiatives entail, so that a final judgment may be made.
To reiterate what I indicated on May 31, I would welcome any suggestions from the House, the House leaders or the Standing Committee on Procedure and House Affairs, on how to improve this process related to the royal recommendation.
In the meantime, to conclude, Bill C-257, an act to amend the Canada Labour Code (replacement workers), and Bill C-295 which has the same title, may proceed as they stand, neither requiring a royal recommendation.
Once again, I thank all hon. members for their patience in dealing with this complicated issue.
It being 6:12 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's order paper.