Restoring Mail Delivery for Canadians Act

An Act to provide for the resumption and continuation of postal services

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Lisa Raitt  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment provides for the resumption and continuation of postal services and imposes a final offer selection process to resolve matters remaining in dispute between the parties.

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

June 23, 2011 Passed That the Bill be now read a third time and do pass.
June 23, 2011 Passed That Bill C-6, An Act to provide for the resumption and continuation of postal services, be concurred in at report stage.
June 23, 2011 Passed That the Bill be now read a second time and referred to a Committee of the Whole.
June 23, 2011 Passed That this question be now put.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8 a.m.


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NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, I was fascinated to listen to the suggestion that the increase in profitability of this corporation is actually theft of the employees. It made me think that what is happening is that by making Canada Post a profit centre for the government it is using the postage system as a form of taxation. In fact the government is forcing small business owners and others to pay more taxes through higher than necessary postal rates in order to conduct their business.

Does the hon. member have a comment on that?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8 a.m.


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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, something is not right here. Other developed countries actually support their post offices in their federal budgets. We have chosen not to do so, and I think that is a good idea.

However, it is one thing to say that it must make a profit, and another thing to say that if it makes big profit the government will grab some of it as general revenue. That is what it did with some or all of the money from employment insurance so it could use it to bring down the national debt and then continue to give corporate tax cuts.

There is something not quite right here. The mandate for Canada Post should be to make a profit and use that money to improve its operations and provide a fair and just working environment for its workers. Then, everybody wins. It is a win-win situation.

However, that is not what is happening today.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8 a.m.


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Conservative

Ron Cannan Conservative Kelowna—Lake Country, BC

Mr. Speaker, my hon. colleague and I share boundaries and I appreciate his cooperation. We have been working together on a variety of issues, and obviously one issue we both share is the fact that we have constituents who are waiting for their mail.

I would like to share with the House a couple of references to some emails that I have received.

The first writer says that he is very frustrated and upset at this whole postal situation. He says that the NDP needs to think about the rest of the country as well. He says his passport is stuck in the system and he cannot travel to India to attend to a medical situation in the family. He says he has called Canada Post but nobody could do anything. He wants us to do everything we can to pass Bill C-6.

This is another email. This person says he has been watching the debate for three hours now and he feels it is sad that this has to go on. He says that Canada Post and the union members need to be put back to work and to stop complaining about wages, benefits, pensions and so on.

Mr. Speaker, it is clear that we all share concerns about the labour unrest. We will not point fingers. The strikes initiated the lockout. We do not take sides.

However, the fact is that there are Canadians, small businesses, seniors and people with illnesses who are suffering. Can we pass this legislation now, get the people back to work and show we are caring and compassionate, or are you just concerned about the union bosses?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:05 a.m.


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The Acting Speaker Barry Devolin

Order, please. As a quick reminder to all hon. members, please direct comments and questions to the Chair rather than colleagues.

The hon. member for British Columbia Southern Interior.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:05 a.m.


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NDP

Alex Atamanenko NDP British Columbia Southern Interior, BC

Mr. Speaker, we on this side of the House are concerned about all Canadians. We do not appreciate this division when we are somehow labelled as supporting the union bosses.

It is very simple. There are a couple of clauses in this agreement that could be taken out or modified, legislation could be passed and these people could be back to work on Monday. That is all we have to do.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:05 a.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, the debate has been going on for several hours now. I would like to say good morning to everyone and offer the same congratulations to my colleague.

This is not easy for everyone. The most frustrating things in this debate are perhaps the gratuitous attacks or the statements that are somewhat rude, not to mention crude, made by some colleagues concerning our positions. Sixty-two per cent of the population of Gatineau sent me here to Ottawa because my campaign focused on my leadership in Ottawa on the areas of health, pension protection, seniors and social justice.

I am listening to this debate with interest because this is sort of my passion. I came to Ottawa with my background. Some may not be aware of it, but in 1984 I became a lawyer with the Barreau du Québec. This does not make me any younger, some of my NDP colleagues were born after I joined the Barreau du Québec. I specialized in labour law. I am hearing a lot of talk that we have a direct line to union leaders. During the election campaign I was attacked my by opponents who claimed that I was an evil employers' lawyer. But what is happening on the other side of the House, with Bill C-6, is a direct attack. Trust the lawyer in me that some may call an employers' lawyer, even though I also represent unions. I have no shame in being called that because I have common sense and try to contribute that to the negotiations that I take part in.

Bill C-6 poses some serious problems. As legislators and parties, we must absolutely pass bills that are not only correct, reasonable and fair for citizens, but also legal. But this bill poses some serious problems in that respect, and I will talk about that shortly.

What is also sad in this debate is that once again, true to form, the Conservatives are taking pleasure in dividing. The big bad employer against the union. Postal workers against Canadians. The big bad socialists against the fabulous Conservatives. In no way does that elevate the debate.

What is even more sad is being told that all of the hours we have spent here could have been spent with our families, celebrating the national holiday, Saint-Jean-Baptiste Day, or participating in activities in our riding. We are being told that we are purposely doing this just to upset people. I am sorry, but we never express our opinion just to upset people. It is a fundamental right that we have here, and we decided that we would exercise it. We will not stand back and stop talking, even though some would like us to do that, just because we do not have the numbers to win the vote.

If the Liberals want to go home to sleep for the next four years, they have the right to do so. We will be here in Ottawa to carry out the mandate we were given by voters. I will never apologize for that. If that means that we will be here until September 19, then we will do it.

The member for Gatineau will not agree to pass a bill that will fundamentally be fought before the courts and will be rejected. Who will pay for that? The taxpayers. The road to hell is paved with good intentions, and I will come back to that.

My colleagues have been talking about the problem with Bill C-6, but that does not seem to be sinking in for our friends opposite. The fundamental reason that the minister wants to see this bill pass is to solve a serious problem with the Canadian economy, since Canada Post workers are essential, a fact with which we all agree. In fact, mail in Canada is essential for a lot of people, such as seniors and small businesses. I know, because I had a small business myself and I sent my invoices by mail. My small legal firm would have suffered if I had not been able to do so.

That is part of collective agreement negotiations. Everything is provided for under the Canada Labour Code. If Canada Post were an essential service like the police and nurses, where it is a matter of life or death if they did not work, and it were in a lockout, the Canada Labour Code covers that. Those people do not have the right to strike.

In Quebec, Gatineau police officers do not have the right to strike. It took six years before they negotiated and concluded their collective agreement. They had the right to use pressure tactics. We ended up with police officers dressed in army fatigues and all that. Some might find that outrageous, but that was their only pressure tactic. They ended up settling the dispute. Every sector has its own way of resolving things.

We often hear the members opposite say that seniors are not receiving their cheques, but that is not true. They were receiving their paycheques, their pension cheques because the postal workers agreed to make that special delivery. The employer has the right to declare a lockout. I remember a professor of labour law, when I was studying law at the University of Ottawa, which is probably the best and greatest university in Canada, who always told us: if you work in labour law as a lawyer representing the union or the employer—let us say the union—and you represent blue collar workers in a city in Canada, take Gatineau for example, do not go on a snow removal strike in the middle of summer. It will not work.

So we know that the lockout and the strike exist to re-establish a balance of power. When the other party is not listening to us—like the Conservatives opposite—we are obliged to take more draconian measures to ignite a spark. Then, the system, be it public pressure or the other party, is going to wake up at some point and will be willing to settle the conflict.

But then the government, with its heavy-handed approach, decides to put forward special legislation that goes a lot further than it should. I am going to make a free recommendation and I will not send a bill to anyone. Anyway, the employees are locked out and my bill would never arrive.

I would be very healthy if it could be proven that the lockout, even after one day, has greatly weakened the Canadian economy and that it is necessary to force employees to return to work immediately. Well, the government could do just that, order employees back to work and ask the arbitrator to hear both parties at a formal hearing, and not impose conditions that would not allow any discussion. The arbitrator will not even be able to address trade practices or anything else. The arbitrator will have to side with one party or the other This is exactly the Conservative's style. It is always one or the other. But law has grey areas. Sometimes it is good to water down your wine. In this context, it would have been so much better than what the government is currently doing.

Why is the Conservatives' proposal illegal? Last night, our hon. colleague from Outremont began addressing this question. I encourage all members to read the case of Health Services and Support--Facilities Subsector Bargaining Assn. v. British Columbia. This ruling by the Supreme Court of Canada—the highest court in the land—is crystal clear. In this case, when a special bill affects workers' wages, as the government is trying to do in this case, it is going to wind up stuck in court. The Conservatives will be stuck defending this before the Supreme Court and, once again, the taxpayers are going to have to pay for it.

Let us be fair to both sides. Let us bring them back to the bargaining table and get the employees back to work—I see no problem with that—without the appalling conditions the Conservatives have included in their bill. Within the next few years, we are going to be left with a bill of several millions of dollars for something that has already been ruled on. It would be nice if the government would listen to the NDP every so often, because sometimes what we say makes sense.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:15 a.m.


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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, over the past 35 hours or so we have listened to a lot of statements by the NDP, the same statements over and over again, as if people heard them enough times they would believe the inaccuracies. I would like to point out a few of the inaccuracies that I have heard over the last 12 to 15 hours, but I have not had a chance to ask each member a question.

Last night one of the NDP members said that most of the jobs that have been created in the last year and a half are part-time, low-paying jobs. It is obvious that they have not read the budget, because it is clear on page 30 that 90% of those jobs are high wage jobs and around 85% of them are full-time jobs.

Another member last night accused our Prime Minister of disregarding religious holidays in respect to the advance polls. The NDP should know that the Prime Minister does not set the advance poll dates. Those dates are set by Elections Canada.

This morning my NDP colleague from Timmins—James Bay said that we just want to get home for the barbecue season. On this side of the House we take our commitments to our constituents seriously. Many of us have sacrificed many opportunities to be with our constituents over these past 35 hours.

If NDP members believe in all the talk, talk, talk they have been doing for the last 35 hours, why did more of them not show up to vote last night? If they are interested in getting workers back to work, why do they not pass this legislation that we have been talking about for 35 hours?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:15 a.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, perhaps my colleague should have listened to what I was saying. We cannot pass this bill so hastily because we respect a Supreme Court of Canada ruling in 2007 concerning BC Health. That decision is clear. What clause 12 of Bill C-6 provides regarding wages will be ruled invalid by the Supreme Court of Canada.

In all good conscience as a lawyer and the member of Parliament for Gatineau, I absolutely cannot recommend to anyone that they take part in this kind of hijacking of the legal system, because it will be overturned. In this context, that is one of the reasons for our decision. That is why, at this stage of the process, we simply cannot vote in favour of Bill C-6 in its current form.

We have been trying to explain this every possible way, but the Conservatives do not seem to understand. Furthermore, they do not seem to understand that we share their frustration about not having any mail service. Yes, it is frustrating for everyone to not get their mail. It was also frustrating when OC Transpo went on strike last year, and in years past, and an arbitrator was needed to settle the dispute. It is frustrating when police officers go on strike. However, that is part of labour relations. It is not a question of life or death. We must do things properly and in accordance with the law.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:20 a.m.


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NDP

Jonathan Tremblay NDP Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, being born in 1984 and as a representative of young people, I would like to know what the hon. member thinks about the special bill, more specifically about the discrimination between the new and old employees in terms of rights and justice.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:20 a.m.


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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, I would like to thank the hon. member for his question.

I did not have enough time to address this aspect of the issue. In my view, this is quite illegal since it means creating two separate pay scales. Under labour laws, we call them “orphan clauses”. There is already a lot of case law and doctrine on the matter. The problem is that tests have never really been done on this.

What is considered legal is giving a different salary to a person just starting a job who does exactly the same type of work as another employee. That does not pose any problems since the decision is based on experience. So pay scales are created. But, in terms of just changing things for economic reasons in order to rebuild the finances of a company on the backs of new employees, I think we are going to have some serious debates in court on those issues. In my humble opinion as a lawyer who has been practising since the time when the hon. member was born, that is totally illegal.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:20 a.m.


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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I am pleased to rise this morning to speak again on this important issue.

Since the issue of job creation by the government has been raised, I would like to provide, based upon Statistics Canada real data being used, the fact that in the last three years of this government, part-time employment has increased by approximately 50% across the country. In fact, 20% of all jobs are now part-time employment.

That is a record accomplishment for the government. It is actually an erosion of many of the benefits that workers accrue through full-time employment. That is why we have people working piecemeal at jobs. That is why it is very germane to this issue with Canada Post to ensure that there is going to be fairness with regard to what is happening.

Let us be clear again: this is a lockout. The minister can pick up the phone and stop the lockout right away. The workers are prepared to go back. They are prepared to deliver the mail. They can do so within a matter of hours, but they are being prevented from doing so. That is the reality right now. The workers are prepared and willing to be back at work, but they cannot do so physically because of the actions of the government and Canada Post.

That needs to be emphasized continually, because those men and women have been providing a public service of good choice for Canadians for many years. When we look at the facts of Canada Post, if we look at the profit it brings in and the benefits Canadians receive, we cannot argue with the facts.

I want to paint two different worlds here. The first world would be Canada Post. When we look at the facts, we see that it has actually had profits for the last 16 years and has contributed $1.2 billion to the federal government in dividends and income tax over the last 15 years. It also had dividends of $580 million. It has had income tax of around $654 million and profits of $1.7 billion. All of that is being rolled back into the public purse for different programs and services.

I might add that when we consider this accomplishment, we need to do it through the lens of looking at the accomplishments of other countries. Other countries have higher postage rates than we do through Canada Post. We enjoy good service, low costs and the economic benefit that goes back into whatever the government may want to do at that time, such as providing health care, but I am going to show what the government is doing with some of those profits that Canadian constituents have paid into Canada Post.

The government has made other choices, such as corporate tax cuts for the oil and gas industry. I am going to roll out a couple of those examples, because I think it is important for people to understand that Canada Post workers cannot go to work right now to bring back that profit for Canadians and their families. Also, they cannot do so in an environment that is healthy when we have a government that has basically said it supports the issue with regard to making sure our young people are discriminated against by having a lower wage for the same work, and a government that is going to actually discriminate against our youth with regard to pensions by reducing those pensions. Those are the goals that the government has set by making sure that it uses a sledgehammer on this particular issue.

Those profits that those workers have been rolling back into the coffers are very important. That is an important fact about the treasury, and we make choices about the treasury. What has been happening in the oil and gas sector in particular is very interesting, especially if we come from Ontario or Quebec, where the manufacturing sector has been hammered over the last number of years. A lot of those full-time jobs with benefits and pensions basically have been decimated to the tune of hundreds of thousands of dollars.

That value-added work is important for our youth when they look at later paying off a college or university education. Now they have to scramble three or four jobs together just to get by. We have lost that value-added work. Where has the money gone? Incredibly, the money has gone to the oil and gas sector to the tune of billions of dollars in terms of subsidies.

Yes, this is what the government has been doing. It is borrowing money right now. As we are in a deficit, it has borrowed money for the HST implementation. Around $6 billion has been borrowed. When we pay that off, if we actually get back into a surplus, it will cost billions more in interest just to pay off that servicing debt. We are borrowing money for large corporate tax cuts right now for profitable industries and we are actually paying interest on those corporate tax cuts until we get into a surplus.

I know that my colleagues are getting upset about my talking about this--

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:25 a.m.


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The Acting Speaker Barry Devolin

The hon. member for Selkirk—Interlake is rising on a point of order.

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:25 a.m.


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Conservative

James Bezan Conservative Selkirk—Interlake, MB

Mr. Speaker, on the issue of relevancy, could you remind the member we are talking about Bill C-6, not the budget speech?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:25 a.m.


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The Acting Speaker Barry Devolin

Is the hon. member for Timmins—James Bay rising on the same point of order?

Restoring Mail Delivery for Canadians ActGovernment Orders

June 25th, 2011 / 8:25 a.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Yes, Mr. Speaker. I am sitting quite close to the member for Windsor West, but I am having a hard time hearing him. My colleague from Markham—Unionville seems to be a little agitated. I do not know if he needs Ovaltine or something to calm him down. I would like to ask him to just calm down so I can actually hear the debate.