Bill C-377 (Historical)

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

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

Canada Labour Code

[Dan Vandal, Liberal, Saint Boniface—Saint Vital, MB]

Madam Speaker, first of all, I want to thank the hon. member for Winnipeg North for a very passionate, balanced speech. It is clear to me that Bill C-377 and Bill C-525 were clear attacks on the labour movement. I am proud to stand with the hon. member to support Bill C-4, but I come back to the point that has been made many times this morning and the last time we debated this bill, that the previous bills were a solution to a problem that did not exist.

Could the member speak to the origins of Bill C-377 and Bill C-525?

[Karine Trudel, NDP, Jonquière, QC]

Madam Speaker, the NDP is in favour of repealing Bill C-377 and Bill C-535. I just have a comment for my colleague.

We know that Quebec has provincial anti-scab legislation. However, this is about federal workers governed by the Canada Labour Code.

[Michael Levitt, Liberal, York Centre, ON]

Madam Speaker, the bill on the table today, Bill C-4, deals in particular with Bill C-377 and Bill C-525 and speaks to a fair and balanced relationship between both sides, which is crucial when it comes to collective bargaining. That is the issue on the floor of the House today, that is the commitment that our government has made, and that is the commitment that we will be upholding when we vote on this bill next week.

[Michael Levitt, Liberal, York Centre, ON]

Madam Speaker, I would like to inform you I will be splitting my time with the hon. member for Winnipeg North.

Madam Speaker, I am here today to ask for the support of the House for Bill C-4, which would repeal the legislative amendments enacted by Bills C-377 and C-525 of the previous Parliament.

I am proud to call York Centre home to a large number of businesses and manufacturers. I have met people and heard stories from businesses that started in their garages and have grown into international brands. These range from storefronts to factories, many of which are local success stories that now have national, and even international, reach.

Not so coincidentally, York Centre is also home to a large number of unions and unionized workers. These are employees across a broad spectrum, from construction and the skilled trades, to factory workers, administrative employees, teachers, and public servants. It is no coincidence that my riding is home to so many thriving businesses and labour organizations. Both go together and have to work together for our economy to thrive.

As we have stated before, our government believes that fair and balanced labour relations are absolutely essential for the prosperity of Canadian workers and our country's economic growth. Both employers and unions play critical roles in ensuring that workers receive decent wages and are treated fairly, in safe and healthy work environments.

It is our labour laws that help ensure there is a balance between the rights of unions and the rights of employers. However, in the previous Parliament, a number of pieces of legislation were passed that changed our labour relations system. Bills C-377 and C-525, private members' bills supported by the previous government, upset the delicate balance between unions and employers.

Under Bill C-377, labour organizations and labour trusts are required to provide the Canada Revenue Agency with details of their assets, liabilities, income and expenditures, as well as salaries paid to their officers, directors, and other specified employees. They are also required to provide information on the time spent by officers on political lobbying and non-labour relations activities. This information is then to be made publicly available on the CRA's website.

This creates unnecessary red tape for unions. Under the Canada Labour Code, unions in federally regulated workplaces, as well as employers' organizations, are already required to provide their financial statements to their own members, free and on demand. It is worth noting that eight provinces have similar financial disclosure requirements.

Why should unions be subject to these onerous and redundant reporting requirements, requirements that do not apply to other organizations that also benefit from similar status under the Income Tax Act, such as professional organizations?

Then there is the issue of this information being publicly available. Publishing this information on the CRA's website means that employers will have access to key union information, including how much they have set aside in a strike fund. It is not difficult to see how this puts the unions at a serious disadvantage during the collective bargaining process.

Essentially, Bill C-377 imbalances the system. This brings me to Bill C-525, which also tilts the scales in favour of employers.

Prior to Bill C-525, federally regulated private sector workers who wanted to organize could do so in a relatively simple and straightforward manner. If a majority of employees signed a union card, they could go to the Canada Industrial Relations Board, show it the signed union cards, and the CIRB could certify them as the bargaining agent for those workers. If less than a majority of employees signed union cards, but at least 35% did, a certification vote could be held. The card check system worked well for many years, so why was it replaced by a system that many stakeholders, such as the Canadian Union of Public Employees, feel is less efficient and more vulnerable to employer interference?

Under Bill C-525, unions are required to show at least 40% membership support before holding a secret ballot vote, making it more difficult to get the right to vote. In addition, even when the majority of workers have clearly demonstrated their support by signing union membership cards, a secret ballot vote must be held before they can be certified as a bargaining agent.

The card check system, which is based on obtaining majority support, is no less democratic than a mandatory vote system. It has also proven to be an efficient and effective way to gauge employee wishes. According to the National Union of Public and General Employees, this two-stage process essentially forces those in favour of a union to vote twice. By slowing the process, the employer has the opportunity to intimidate, harass, and unethically induce employees to vote no. Not all employers would attempt to prevent unions from organizing. However, there are examples of those who have.

The bottom line is that Bill C-377 and Bill C-525 put unions at a disadvantage and make it more difficult for Canadian workers to unionize in the first place.

Why would we want to make life more difficult for unions and the workers they represent? We recognize the important role that unions play in protecting the rights of Canadians. As Canadian Labour Congress president Hassan Yussuff stated, Bill C-377 and Bill C-525 were “nothing more than an attempt to undermine unions’ ability to do important work like protecting jobs, promoting health and safety in the workplace, and advocating on behalf of all Canadian workers”.

The federal labour relations system used to be respected and supported by both labour and employers as a result of genuine and proven consultative and consensual processes that had been followed for decades with respect to amending the Labour Code. As I mentioned earlier, the prosperity of Canadian workers and the Canadian economy relies on those same fair and balanced labour relations. Repealing the legislative amendments made by Bill C-377 and Bill C-525 will help restore that balance.

I sincerely hope that all of my colleagues in the House will support Bill C-4 so we can achieve this.

[Dan Vandal, Liberal, Saint Boniface—Saint Vital, MB]

Madam Speaker, I congratulate the hon. member on her speech. I, like her, am proud to rise and support Bill C-4. In my estimation, the previous bills, Bill C-525 and Bill C-377, were clearly attacks on the labour movement. I have heard a lot of speeches here this morning and this afternoon, and it is clear that the opposition members are coming from a place of extremism. Whether attacking, as in this case, the labour movement or, in other instances the indigenous organizations, non-profits, or charities, it is clearly a place that does not appreciate the balance of government.

I wonder if the hon. member could offer her comments on my impressions.

[Tracey Ramsey, NDP, Essex, ON]

Madam Speaker, I rise today in support of Bill C-4, an act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act, and the Income Tax Act. This bill represents an important effort to reverse the anti-union and anti-worker legislation that was ushered through Parliament by the previous Conservative government.

The NDP worked tirelessly to oppose Bill C-377 and Bill C-525 at every step of the way, so it should come as no surprise that our party is in full support of repealing these bills.

While I welcome the changes tabled by the government as a good first step, there is so much more to do for workers' rights and conditions. New Democrats are calling on the government to reinstate a federal minimum wage, to adopt anti-scab legislation, and to implement proactive pay equity legislation, as per the NDP motion passed in this place just a few days ago. The NDP is also calling on the government to restore good-faith bargaining with our public service workers by repealing Division 20 of Bill C-59, related to sick days.

After a decade of Conservative darkness, I am encouraged to see the Liberal government taking the first steps to restore some of the rights of working people that were under attack under the previous government.

As the member of Parliament for Essex, I am determined to be a strong voice for working people both in my home riding and across Canada. The struggle of working people in Canada for unionization and their gains have benefited all Canadians. The fight of unions for a fair workplace for all workers in our country began with the fight in 1872 to have a shorter workday, but it has included changes to maternity and parental leave, the right to a safe workplace, and more.

My riding has proud union members working in auto manufacturing, health care, long-term care, education, municipalities, trades, retail, and the public sector. The benefits of being a unionized worker include a legally binding contract that guarantees working conditions, job security, paid holidays, wages, benefits, health and safety, and more.

On average, unionized workers earn $5 more per hour than non-unionized workers. For women, the difference is $6.65 an hour. Higher wages negotiated by unions inject an additional $786 million into the Canadian economy each week.

Unions also provide great support for communities. In my riding of Essex, unionized workers give generously and selflessly to the United Way and other non-profit organizations, which has made a vast difference in the lives of people in all of our communities, not just in the lives of union members. Gaps that exist due to government cuts and program reductions are picked up by caring union members who continue to dig deep into their pockets, even when they are suffering in their own industries.

I spent much of the last year knocking on doors and talking with people from every community in my riding of Essex. Their stories and struggles were the struggles of all hard-working Canadians: high unemployment through no fault of their own, and in our region, one of the highest unemployment rates in Canada, with many still ineligible for EI.

Workers are struggling to make ends meet. Our communities are filled with the working poor, who are left no choice but to work in minimum-wage jobs and part-time or casual jobs, often piecing together two or three different jobs just to make ends meet. Sadly, this is a growing reality across Canada. Statistics tell us that 60% of all new Canadian jobs are considered precarious, part-time, temporary, contract-based, freelance, and self-employed positions. These workers are taxi drivers, contract teachers, office cleaners, and clerks. They often have no workplace pension, no job benefits, and no job security.

As parliamentarians, it is our responsibility to work together and advocate for solutions that will improve the lives of all Canadians. Instead, in the previous Parliament, the Conservatives pushed through legislation, Bill C-377 and Bill C-525, designed to weaken unions and make it more difficult for Canadians in federally regulated workplaces to join a union.

These two bills moved through Parliament as private member's bills, although it was crystal clear that these were government-led initiatives. Even now, the Conservatives are threatening to use their power in the Senate to block legislation that would restore labour rights. Canadians are fed up with the unelected, unaccountable, under-investigation Senate. There is no place in our democracy for these senators to upend the work done by Canadians' representatives here in this place.

Bill C-377 was an unnecessary, discriminatory law designed to impose onerous and absurdly detailed reporting requirements on unions. Guised as a move to improve transparency, those who actually know how union locals operate also know that Bill C-377 had absolutely nothing to do with transparency. As a union member, I know the direction of the union members' funds and how they are determined, in fact, by the membership. Transparency between union members and their elected governing executives is never an issue. Members are always able to access the financial disclosure of their allocation of dues. Not a penny is spent that is not reported to the membership.

Reporting requirements in Bill C-377 would bog down unions in so much red tape that it would severely interfere with their ability to serve their membership. According to the Privacy Commissioner of Canada, this bill went against the Canadian Charter of Rights and Freedoms by violating Canadians' right to the freedom of association and privacy rights of those who work for a union.

Bill C-377 would also cost millions of dollars to implement. The parliamentary budget officer estimated it would cost more than $2.4 million allocated by the Canada Revenue Agency. In fact, it was estimated that it would cost the CRA approximately $21 million to establish the electronic database over the first two years, and approximately $2.1 million in each subsequent year. Repealing the contents of Bill C-377 would save millions of dollars for both the government and the unions, and, as I previously mentioned, would continue the critical support that unionized workers provide for their communities where government gaps exist.

Bill C-4, the government bill before us today, also seeks to repeal Bill C-525, another bill introduced by a Conservative backbencher and ushered through by a Conservative government intent on attacking the labour movement. Bill C-525 fundamentally changed the process for certifying or decertifying a union under federal jurisdiction, essentially making it harder to certify a union and easier to decertify. It should come as no surprise that workers would want to unionize. As I outlined earlier, unionized jobs tend to have higher wages, better benefits, and better working conditions than non-unionized jobs. Bill C-525 would impact all federally regulated workers seeking to certify or decertify as a union. Workers under this jurisdiction include the energy sector, airline sector, telecommunications, rail, and postal workers.

For these federally regulated workers, to certify as a unionized workforce it was previously the case that a union was automatically certified if more than 50% of employees sign a card indicating they wish to be a member of a union. It is called the “card check system”. If between 35% and 50% of employees sign a card, a vote is triggered to ask employees if they wish to be unionized. Bill C-525 changed all this by outlawing the card check model and replacing it with a two-step process. First, the card-signing process where the percentage of signed cards required to trigger a vote increased from 35% to 40%. The second step included a government supervised vote. These changes were fundamentally unfair and put workers wanting to unionize at a serious disadvantage.

Bills C-377 and C-525 were not in the best interests of workers. Instead, they were designed to further attack and erode the labour movement in Canada. New Democrats will always stand for the interests of working Canadians. I am proud of how our party provided strong and effective leadership in opposing these bills in the House, at committee, and in the media. Today's legislation to repeal Bills C-377 and C-525 is a step in the right direction. I am also proud of our successful NDP motion this week calling for immediate action on pay equity. Let us also move forward on restoring and enhancing collective bargaining rights as well as fairer working conditions for all Canadians.

[Karine Trudel, NDP, Jonquière, QC]

Madam Speaker, I will be sharing my time with the hon. member for Essex.

I am pleased to rise in the House to debate Bill C-4, an act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act. First of all, I would like to indicate that I will be supporting this bill. The NDP strongly opposed the previous Conservative government's attempt to limit the rights of unions and change the rules governing labour relations.

This bill reflects one of the promises made by the NDP during the election campaign. Although I support this bill, I must mention how much work still needs to be done with regard to workers' rights and their working conditions.

The bill restores and respects workers' rights. Like thousands of other people in my riding of Jonquière, I am very proud to have been a part of the labour movement. I was the president of my local chapter for eight years, and I managed it well.

Since we started debating Bill C-4, I cannot help but feel a twinge of sadness about many of the comments I have heard here in the House. For eight years, I was directly accountable to my members at meetings and even at my workplace. I had to deal with some very sensitive issues with my members and defend both long-time and new employees.

At union meetings we had a duty to present our financial statements to members. The same goes for all locals, in all unions. The members themselves must decide whether they agree with the spending their union is doing within their own organization. We must be transparent and accountable to our members. That is enshrined in all of our laws, and all unions must comply.

Over those eight years, I did so and we even implemented an audit system, which also exists in all unions. Our union has an officer to look over all the books and statements. I must say that when there is an anomaly, for example, if an invoice is missing or if an expenditure was left out or made by mistake, we are set straight and we are always accountable to this movement and our members.

Unions and their members do not need a government telling them what to do because they already have their regulations. They already have their own rules, rules that the members voted on either in meetings or in committees that are themselves elected by the members. Transparency is already part of the process, and leaders are accountable to union members every step of the way.

If a worker finds fault with the union's internal processes or the representatives, there is a great organization to handle that: the Canada Industrial Relations Board, the CIRB. The board is there for those people. It is impartial, and it exists to protect workers who feel their rights have been violated. There is even a complaints process. We do not need laws like the ones the Conservatives brought in to dictate how unions should be organized.

The union movement is very happy about Bill C-4, which would repeal the previous government's unfair bills C-377 and C-525. The New Democrats opposed those bills at every stage in the process because they were useless and irresponsible legislative measures that made a mockery of the very ideas of equality and fairness in negotiations between the parties and that undermined people's basic right to free collective bargaining.

It was a partisan assault on the men and women who go to work every day to provide for their families. Those same people voted to elect representatives to the House of Commons to defend their interests.

I was very disappointed that the member for Louis-Saint-Laurent reiterated his support for his party's bills, when he was not even a member for the party at that time.

Blaming the unions for his party's defeat is a little like blaming the groundhog for a longer winter. Ultimately, the workers spoke, and the Conservatives did not have their support, essentially because the Conservatives trampled all over workers' rights.

I would like to provide some direction for my colleague from Louis-Saint-Laurent, since he seems to have lost his way somewhere between Quebec City and Ottawa.

The World Bank found that a high rate of unionization led to greater income equality, lower unemployment and inflation, higher productivity, and a quicker response to economic downturns. I think our economy could use a good boost right about now.

The Conservatives put all their eggs in one basket and we are seeing the consequences of that today. Unfortunately, people often forget what the union movement has done for workers: minimum wage, paid overtime, occupational safety standards, parental and maternity leave, paid vacation, and protection from discrimination and sexual harassment.

Just yesterday, we voted for a motion on pay equity moved by the NDP. I thank all the parties who supported the motion. I am still scratching my head about the fact that the Conservatives refused to support our motion, and especially that their leader refused to support our motion, considering that until recently she was the minister of status of women.

Bill C-4 is an excellent first step. However, there is still a lot of work to be done to fix past mistakes, such as the attack on sick leave introduced in the omnibus Bill C-59.

We also have to take a look at what we can improve, beyond the repairs that need to be made because of the Conservatives' bad decisions. It is high time that we modernized some of the outdated provisions of the Canada Labour Code.

It has been almost 60 years since the Canada Labour Code was overhauled. I join with my colleague from Saskatoon West in highlighting the importance of following up on the recommendations of the report released after the 2006 review of the Canada Labour Code.

That follow-up is already overdue. A good number of those recommendations and the vital updates would benefit many workers. For example, take the issues of workplace safety and preventive withdrawal for pregnant women. In Quebec, under the CSST regulations, once women are 26 weeks pregnant they are entitled to preventive withdrawal for their protection and that of their foetus. There is no such provision in the Canada Labour Code. Thus, we still have far to go. We must do more to improve working conditions for our women, our future mothers, and for all workers. Every worker deserves to be protected.

Some workers have a very hard time putting food on the table every day. Therefore, we urge the government to restore the federal minimum wage, to pass anti-scab legislation and to fight for greater pay equity.

I am pleased to have had this time and the opportunity to debate this bill, because the rights of workers across Canada have been violated by the Conservatives' actions.

Unions have many procedures, bylaws and rules. Consequently, this whole movement is already well established.

I see that my time is up, but I could talk a long time about this subject.

[Chris Bittle, Liberal, St. Catharines, ON]

Madam Speaker, my parents were union members. My dad was a local union president. From an early age, I knew that unions played an important role in growing strong middle-class jobs like my parents', promoting strong jobs and middle-class work that the people of St. Catharines and all of Niagara rely on.

With regard to Bill C-377 and Bill C-525, the sole purpose seems to be ideologically punitive. There were no demands from unions or industry for these bills.

Could the hon. members please advise how the government intends to restore a positive relationship with unions with the current bill before the House?

[Tracey Ramsey, NDP, Essex, ON]

Madam Speaker, I would like to thank the member for his speech honouring members in his community who are members of unions.

The NDP, of course, is pleased that the federal government has tabled legislation to repeal Bill C-377 and Bill C-525. I would also like to say that we noticed Bill C-377 would have cost a tremendous amount to taxpayers to implement, as well as to keep the database going.

In my community, many union members put money into their communities through United Way programs, non-profit organizations. Bill C-377 would have tied up the funds that union members happily put into their communities to keep them thriving when government programs are lacking.

Could the member across please speak to the ways that the union members in his community contribute as well?

[Matt DeCourcey, Liberal, Fredericton, NB]

Madam Speaker, the government is repealing two laws that have changed the way unions operate.

Bill C-377 has created unnecessary red tape and has put organized labour at a disadvantage in the collective bargaining process.

Bill C-525 makes it more difficult for employees to unionize and easier for a bargaining agent to be decertified.

The measures the government is taking in Bill C-4, are part of a plan designed to ensure that Canada's labour laws best serve employees and employers.

This new bill is part of the government's plan to strengthen the middle class in our great country and to fully recognize the important role that unions play in protecting the rights of Canadian workers.

This government started with a tax break for hard-working Canadians. In the riding I represent, that is a tax break for hard-working nurses, teachers, soldiers, and many other public servants.

We will follow that tax break with the new Canada child benefit, a monthly tax-free, income-tested benefit that would lift hundreds of thousands of children out of poverty, a benefit that will help nine out of ten Canadian families.

We will also support our veterans by restoring the option of the lifelong pension and by caring for their physical and mental health, and that of their families. It is the sacred obligation of the government to unconditionally support those who have unconditionally served for our safety and freedom.

The government will rebuild its relationship with indigenous Canadians on a nation-to-nation basis, a relationship based upon mutual respect, recognition of rights, and understanding of traditional knowledge.

This bill is also about respect and fairness, national economic prosperity, and supporting the middle class, which is made up of those dedicated workers who contribute to the growth of our communities and our economy.

It is clear that the previous government did not believe in fairness or the importance of unions and the role they play. Its actions were motivated by a desire to undermine the union movement.

Bill C-377 and Bill C-525 were counterproductive to a positive working relationship between employees and employers. Furthermore, it was not a widespread request of the business community. It was unnecessary and caused difficulties for unions.

The two anti-labour bills, which this bill seeks to reverse and reset, were direct attacks on unions by the previous Conservative government. They undermined the right for workers in federally regulated sectors to form a union, and imposed unnecessary and onerous reporting burdens on all unions.

The current government is taking a different route, which consists in listening to the union groups, communities, and legal experts who sounded the alarm about these bills that likely violate charter rights. A number of constitutional experts felt that Bill C-377 was likely unconstitutional.

Privacy experts said that the bill would compromise the private information of millions of Canadians. The bill also discriminates against unions. It does not take into account other types of organizations, such as professional associations. What is more, seven provinces are against the bill because they feel it encroaches on their jurisdiction.

As my friend, the Parliamentary Secretary to the Minister of Employment, Workforce Development and Labour has so eloquently stated, Bill C-525 was simply a solution looking for a problem.

Simply put, in over 10 years and after thousands of rulings by the Industrial Relations Board, there were merely two judgments against unions for questionable practices during union organizing.

That is why the government has taken significant steps to rebuild labour relations after a decade of acrimony between unions and the Conservatives. It is why the government has introduced legislation to repeal these two anti-labour bills.

I have the honour every day of representing the riding of Fredericton, which is home to many dedicated workers who have been unfavourably and unfairly affected by Bills C-377 and C-525, which are mean-spirited.

Educated, professional, proud public servants, many of whom are taking care of our aging population, live in the riding.

We are home to university scientists and researchers, themselves fostering creative approaches and solutions to the existential challenges we face as a society, as well as making new discoveries to the way we view the world and how we provide economic opportunity, social well-being, and environmental sustainability to our community.

We are also home to almost 1,000 civilian employees at Base Gagetown, employees who, amidst all the coming and going of our men and women in uniform, keep the lights on, the roads safe, and the buildings operational at Canada's largest military training base.

The economic and fiscal contribution of these professional public servants is enormous. Base Gagetown alone contributes upward of $600 million annually to the New Brunswick economy.

The base, the largest federal government asset and largest contributor to our socio-economic vibrancy in the riding, would simply not remain operational without the diligence and hard work of civilian employees, the support of their families, and, in fact, the support of the entire town of Oromocto, Canada's model town, which sprung up just over a half century ago to provide service and a home for the base.

Bill C-377 and Bill C-525 were not mere attacks on the civilian workforce at Base Gagetown. They were seen as an attack on the community of Oromocto. As I knocked on doors last winter, spring, summer, and fall, clear across the Oromocto community, I heard time and time again how the community felt largely betrayed by the former government and how it felt it was time for a positive change.

On October 19, the people of Oromocto spoke clearly and they spoke for that real change.

As the Minister of Employment, Workforce Development and Labour has said many times, we promised to repeal these bills because they are detrimental to labour relations. In Oromocto, labour relations have had a negative impact on the morale of the community.

Unions have a major role to play in protecting workers' rights and growing the middle class. The former government trampled on many basic labour rights that were hard won by the unions. That made it more difficult for workers to enjoy freedom of association, bargain collectively in good faith and work in a safe environment.

The government plans on restoring fair and balanced labour legislation that recognizes the important role unions play in Canada and respects their major contribution to the growth and prosperity of the middle class.

This begins with repealing Bill C-377 and Bill C-525, legislation that diminishes and weakens Canada's labour movement. This side of the floor knows that the bill may face a stiff test in the Senate. It is, however, sad to hear members opposite say that they will direct the Senate to kill the bill and continue to disadvantage the organized labour movement in Canada.

I believe the Senate exists to study and recommend improvements and enhancements to legislation. I hope the upper chamber will serve to do just that and will work collaboratively with all parliamentarians in the House.

Canadians elected a government that would ensure evidence-based decision-making. On balance, there was very little evidence to support the passing of these two bills. Canadians elected a government that work hard to reinstitute fairness in decision-making. Over and above balance, there was nothing fair in these bills.

This government promised to stand up for Canadians, and this is exactly what we have set out to do, and Bill C-4 would do that.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Madam Speaker, I thank my colleague for his speech.

In response to the question I just heard, clearly, we do not need to talk specifically about an attack on unions. However, the inference is there. Obviously, it has been implied, not only in this debate but also in the debate that took place in the previous Parliament on Bill C-377 and Bill C-525.

When you look at the contents of the debates here in the House and the discussions that took place in the relevant committees, it is clear that the legislation was not meant to unshackle the workers, but rather to attack unions' ability to properly represent them.

The provisions in the bills, which later became law, not only undermined unions' ability to do their jobs properly, but also created a very specific and massive bureaucracy to manage minor situations, which is very surprising from a government that always claimed to prefer less bureaucracy.

How will repealing those bills, which is what Bill C-4 proposes, affect the bureaucracy that was proposed by the Conservative government of the day?

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Immigration]

Madam Speaker, I will be splitting my time with the member for Fredericton.

I am proud to stand today to speak in support of Bill C-4. The war on organized labour is over. This legislation would reverse the legacy of the previous government, which rushed through two anti-union measures, Bill C-377 and Bill C-525, just prior to the last election. Those measures put in place redundant reporting requirements and made it harder to certify and easier to decertify a union. With Bill C-4, our government would repeal both of these punitive pieces of legislation.

The reasons we are doing this are threefold. The old combination of legislation under Bills C-377 and C-525 was unnecessary, impeded collective bargaining, and was ideologically driven.

Argument number one is that the old legislation is unnecessary. No one asked for Bills C-377 and C-525. Employees did not ask for them, unions did not ask for them, and even employers were not clamouring for this legislation. These bills constituted a solution to a problem that did not even exist. The only champions of Bills C-377 and C-525 were the members of the previous government. The ostensible reason they asserted was that they were trying to promote increased financial transparency and accountability for unions and to inject democratic principles into their processes. This rationale was defective then, and it remains defective now. First, to the idea that unions are not transparent and that members do not get to see the financial statements or expenditures, this information was and has always been made available to union members. Unions are member-based organizations that release information to their members, information that is confidential.

My colleagues across the way keep harping on about how unions are undemocratic organizations. Once again, that is incorrect.

Unions meet regularly, and all members are welcome to participate. At meetings, members are empowered to hold their leaders accountable. Discussions and debate take place during the meetings, differences of opinion are aired, and solutions are put forward. Taken together, those aspects are features of a democratic system.

Unions also hold membership votes. Decisions are made by the members themselves. The members are the ones who make decisions and issue instructions. Leaders are elected by union members and can be removed from their positions. That is another key principle of a democratic system.

I say this with some experience. I am the product of an organized workplace. For the past 12 years, before being elected, I served as a civil servant with the Ontario public service, practising law as a crown attorney. I have first-hand knowledge of the transparency and accountability parameters by which unions abide.

Yet another argument offered by the previous government in support of the old package of legislation was that it represented a modest increase in the financial disclosure obligations for unions. Again, this is incorrect. The reporting requirement in old Bill C-377 calls for at least 24 detailed statements to be submitted by unions of any size, from the smallest groups to the largest national bodies. The collection and managing of these submissions would cost the government millions of dollars, $11 million to start the oversight mechanism and $2 million every year thereafter. Those are not my figures. They come from the Canada Revenue Agency and the parliamentary budget officer. Just so we are clear, under Bills C-377 and C-525, the previous Conservative government increased the size and scope of government and government regulation, adding to the amount of red tape and, more important, adding to the amount that Canadian taxpayers would be required to shell out for such additional bureaucracy. The irony is palpable.

Argument number two is that the old legislation impeded collective bargaining. As I said at the outset, Bill C-525 made it harder to certify and easier to decertify a union. With the new Bill C-4, we would repeal those provisions. Our government recognizes that certification of a union is an important part of the collective bargaining process.

As I mentioned, I spent 12 years as a crown attorney specializing in the area of constitutional law. Section 2(d) of the Charter of Rights and Freedoms protects freedom of association. That has been interpreted by the Supreme Court to include “the right to a meaningful process of collective bargaining”. Why is collective bargaining so important as to warrant constitutional protection? The Supreme Court has explained that, in paragraph 58 of a decision called MPAO.

The Supreme Court said:

The guarantee functions to protect individuals against more powerful entities. By banding together in the pursuit of common goals, individuals are able to prevent more powerful entities from thwarting their legitimate goals and desires. In this way, the guarantee of freedom of association empowers vulnerable groups and helps them work to right imbalances in society. It protects marginalized groups and makes possible a more equal society.

Collective bargaining is important because it helps to promote fairness and equality. We get that and we are not going to waste more taxpayer dollars litigating these types of cases in the courts. On that point, I would simply note that the charter challenge launched by the Alberta Union of Public Employees against the old Bill C-377 was suspended immediately upon our government's announcement that we would be repealing the government's punitive legislation.

However, it is not just me who understands the utility of collective bargaining as a vehicle for addressing inequality, it is also my constituents in Parkdale—High Park. It is people like Mr. Hassan Yussuff, the President of the Canadian Labour Congress, who is my neighbour in Roncesvalles Village and a tireless advocate for workers' rights. It is people like Wyatt Bilger, a hard-working carpenter and resident of my riding and a member of Carpenters Union Local 27. It is people like the countless artists, filmmakers, performers, and television producers in my riding who contribute so much culturally to our community, who are also proud members of ACTRA, the Alliance of Canadian Cinema, Television and Radio Artists. It is people like the hard-working tradespeople and manufacturing employees in Parkdale—High Park who are members of LiUNA, Unifor, and the CAW.

All of these individuals and groups appreciate what this newly elected government recognizes, that workplaces that include collective bargaining are a net positive, not a net negative for our communities.

Argument number three is that the old legislation was ideologically driven. There was no rationale whatsoever that informed the passage of Bill C-377 and Bill C-525 other than rigid, anti-union sentiment. To illustrate this point, let us look no further than the rushed passage of the bills through Parliament. Bill C-377 was one of the four bills to get to the Senate just before the writ was issued for the last election. It was expedited to the Senate and was made into law. But one of the four bills that received support from all parties in this chamber was left to die on the Senate order paper in place of passing Bill C-377.

What I am talking about is Bill C-279 that had been introduced as private members' legislation by my NDP colleague, the member for Esquimalt—Saanich—Sooke. Bill C-279 was going to amend the Canada Human Rights Act to include gender identity as a prohibited ground of discrimination. All parties supported and passed that private member's bill in the House in the 41st Parliament. However, instead of championing that bill in the Senate, the previous Conservative government decided to promote the passage of Bill C-377. Conservatives chose to attack organized labour rather than back Bill C-279, which would have protected the rights and freedoms of gender and gender variant Canadians who deserve the same treatment and rights as every other Canadian.

Not only did the Conservatives attack unions, they told trans and gender variant Canadians that their rights were not a priority. Thankfully that was yet another mistake of the Conservatives that our government has pledged to rectify. The commitment to amend the Canada Human Rights Act to add gender identity as a prohibited ground for discrimination is in the mandate letter for the Attorney General of Canada.

We have seen this ideological pattern before in terms of the old war on the environment, the war on the civil service, and the war on evidence-based policy. We have taken stands to reverse all of those previous battles. Now with Bill C-4, our government brings to an end the war on organized labour.

The role of this government, of any government, is to create jobs, but it is not just about creating any jobs, it is about creating good quality, secure, well-paying jobs. We recognize that unions help to do this. They ensure fair compensation for workers, promote safety for individuals, and protect workers' job security and their well-being.

A secure worker is a more productive worker and productive workers are good for the economy. We understand this. The previous government did not. As I said, the war on organized labour is over. Unions are not the enemy of progress, they are a partner in that progress. Our government is committed to working with them, not against them, to further the economic development of this country.

For these reasons, I urge members in the House to vote in favour of Bill C-4.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Madam Speaker, I listened to my colleague's speech and his answers with rapt attention. I participated in the debates on Bill C-377 and Bill C-525, which are now law.

Many of the aspects of these bills that we discussed and voted on were clearly designed not to address a specific problem but to undermine unions' ability to do their work. One of those aspects is the mandatory disclosure of expenses in excess of $5,000, initially, and salaries over $100,000.

I would like to know why the government of the day, which is now in opposition, wanted to create that kind of bureaucracy to monitor small expenses, which are transparent for all unions anyway.

[Wayne Long, Liberal, Saint John—Rothesay, NB]

Madam Speaker, I have to say in all transparency that I am absolutely shocked by the comments made by members opposite today in debate on this legislation.

My riding is Saint John—Rothesay and it has a deep and historic labour movement, a very strong labour history. I had the pleasure two weeks ago to visit the Frank & Ella Hatheway labour exhibit and was given a tour by George Vair and Chuck Hickey.

The party opposite's agenda over the last 10 years has been nothing short of degrading and demoralizing union workers and its own union workers in the Public Service Alliance of Canada. I have many friends in that union. Over 10 years they have been demoralized and degraded.

Let us be clear. Bill C-377 and Bill C-525 were designed for one reason and that was to weaken unions.

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, union financial disclosure is already addressed in the Canada Labour Code and in many provincial statutes. Bill C-377 was an onerous bill that provided extra red tape to unions and did nothing to further the employee and employer bargaining process.