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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Russ Hiebert  Conservative

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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

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

Dec. 12, 2012 Passed That the Bill be now read a third time and do pass.
Dec. 12, 2012 Passed That Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), be concurred in at report stage with further amendments.
Dec. 12, 2012 Passed That Bill C-377, in Clause 1, be amended by : (a) replacing lines 1 to 7 on page 2 with the following: “(2) Every labour organization and every labour trust shall, by way of electronic filing (as defined in subsection 150.1(1)) and within six months from the end of each fiscal period, file with the Minister an information return for the year, in prescribed form and containing prescribed information. (3) The information return referred to” (b) replacing lines 26 to 31 on page 2 with the following: “assets — with all transactions and all disbursements, the cumulative value of which in respect of a particular payer or payee for the period is greater than $5,000, shown as separate entries along with the name of the payer and payee and setting out for each of those transactions and disbursements its purpose and description and the specific amount that has been paid or received, or that is to be paid or received, and including” (c) replacing lines 33 to 35 on page 2 with the following: “(ii) a statement of loans exceeding $250 receivable from officers, employees, members or businesses,” (d) replacing line 4 on page 3 with the following: “to officers, directors and trustees, to employees with compensation over $100,000 and to persons in positions of authority who would reasonably be expected to have, in the ordinary course, access to material information about the business, operations, assets or revenue of the labour organization or labour trust, including” (e) replacing lines 11 to 14 on page 3 with the following: “consideration provided, (vii.1) a statement with a reasonable estimate of the percentage of time dedicated by persons referred to in subparagraph (vii) to each of political activities, lobbying activities and other non-labour relations activities, (viii) a statement with the aggregate amount of disbursements to” (f) replacing lines 22 to 25 on page 3 with the following: “provided, “(viii.1) a statement with a reasonable estimate of the percentage of time dedicated by persons referred to in subparagraph (viii) to each of political activities, lobbying activities and other non-labour relations activities, (ix) a statement with the aggregate amount of disbursements on” (g) replacing lines 33 to 40 on page 3 with the following: “(xiii) a statement with the aggregate amount of disbursements on administration, (xiv) a statement with the aggregate amount of disbursements on general overhead, (xv) a statement with the aggregate amount of disbursements on organizing activities, (xvi) statement with the aggregate amount of disbursements on collective bargaining activities,” (h) replacing lines 1 and 2 on page 4 with the following: “(xix) a statement with the aggregate amount of disbursements on legal activities, excluding information protected by solicitor-client privilege, (xix.1) a statement of disbursements (other than disbursements included in a statement referred to in any of subparagraphs (iv), (vii), (viii) and (ix) to (xix)) on all activities other than those that are primarily carried on for members of the labour organization or labour trust, excluding information protected by solicitor-client privilege, and” (i) replacing lines 4 to 13 on page 4 with the following: “( c) a statement for the fiscal period listing the sales of investments and fixed assets to, and the purchases of investments and fixed assets from, non-arm’s length parties, including for each property a description of the property and its cost, book value and sale price; ( d) a statement for the fiscal period listing all other transactions with non-arm’s length parties; and ( e) in the case of a labour organization or” (j) replacing line 29 on page 4 with the following: “contained in the information return” (k) replacing lines 33 to 35 on page 4 with the following: “Internet site in a searchable format. (5) For greater certainty, a disbursement referred to in any of subparagraphs (3)( b)(viii) to (xx) includes a disbursement made through a third party or contractor. (6) Subsection (2) does not apply to ( a) a labour-sponsored venture capital corporation; and ( b) a labour trust the activities and operations of which are limited exclusively to the administration, management or investments of a deferred profit sharing plan, an employee life and health trust, a group sickness or accident insurance plan, a group term life insurance policy, a private health services plan, a registered pension plan or a supplementary unemployment benefit plan. (7) Subsection (3) does not require the reporting of ( a) information, regarding disbursements and transactions of, or the value of investments held by, a labour trust (other than a trust described in paragraph (6)(b)), that is limited exclusively to the direct expenditures or transactions by the labour trust in respect of a plan, trust or policy described in paragraph (6)(b); ( b) the address of a person in respect of whom paragraph (3)(b) applies; or ( c) the name of a payer or payee in respect of a statement referred to in any of subparagraphs (3)(b)(i), (v), (ix), (xiii) to (xvi) and (xix).”
Dec. 12, 2012 Failed That Bill C-377, in Clause 1, be amended by replacing line 20 on page 1 with the following: “labour organization is a signatory and also includes activities associated with advice, commentary or advocacy provided by an employer organization in respect of labour relations activities, collective bargaining, employment standards, occupational health and safety, the regulation of trades, apprenticeship, the organization of work or any other workplace matter.”
March 14, 2012 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 10:45 a.m.
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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Mr. Speaker, not all union members in Canada want their union dues spent to support a political party that they do not support. They want the protection of a secret ballot.

I am interested to hear the member explain how replacing Bill C-377 and Bill C-525 with Bill C-4 would do anything to protect the workers' rights.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 10:30 a.m.
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NDP

Erin Weir NDP Regina—Lewvan, SK

Mr. Speaker, as we resume debate on Bill C-4 today, it is important to remember why unions matter. Unions provide better pay, pensions, and benefits. Unions provide healthier and safer workplaces.

Some would argue that, while unions might have been necessary in a Dickensian era, workers are now already protected by good regulations; but the reality in many workplaces is that labour and safety regulations are only really applied if a union is present to call attention to those issues. Unions give employees a voice in their workplaces, and that feedback is often very useful to management and, indeed, can help to improve productivity. Countries with higher rates of unionization enjoy better living standards, greater equality, and more stable economies.

I believe that the House should maintain an industrial relations regime that facilitates employees forming unions and bargaining collectively. Unfortunately, the former Conservative government did the opposite. Bill C-525 made it harder to form unions and easier to decertify them. The Conservatives would say that this bill is all about allowing workers to vote on their union status, but the Conservatives have not implemented a system that would allow elections in all workplaces across the country to determine whether employees want a union.

The Conservatives' supposed interest in workplace democracy only kicks in after workers have indicated that they want to join a union by signing membership cards. Bill C-525 essentially places another hurdle in the way of employees seeking to join a union, and this delay is not simply a matter of inconvenience. In far too many cases, it has provided an opportunity for employers to intimidate their employees and prevent unionization.

Moving on to Bill C-377, this legislation imposes onerous administrative requirements on unions. The Conservatives would have us believe that it is all about transparency. I think everyone in the House believes that unions should and do provide financial statements to their members. That happened for decades before this legislation was enacted, and it will continue to happen after it is repealed.

However, Bill C-377 went far beyond financial statements. It required unions to disclose and account for each individual transaction over $5,000. If the House ever applied that type of transparency to a business, the Conservatives would be screaming about red tape and compliance costs. Indeed, Bill C-377 would cost millions of dollars for the Canada Revenue Agency to administer.

One of the more clever arguments that the Conservatives made in this debate was that international unions operating in Canada are already subject to such requirements through the U.S. Department of Labor. Before the people of Regina—Lewvan elected me, I worked as an economist for the United Steelworkers union, and I can tell the House that Bill C-377 does not align with the American disclosure requirements and, in fact, goes far beyond them.

I am very happy to vote in favour of Bill C-4, but simply repealing the most egregious Conservative attacks on working people is not enough. Much more is going to be needed to improve the situation of working Canadians.

Often in this debate, the Liberals have spoken about the need for balance in industrial relations. One aspect of that balance is that in the rare cases where the collective bargaining process breaks down, both sides bear an economic cost. In a strike or a lockout, the employer must make do without the workers' labour and the workers must make do without their wages. Therefore, there is pressure on both sides to come to a resolution. However, if the employer can simply bring in replacement workers, that destroys this balance.

I am very pleased that my colleague from Jonquière has introduced a private member's bill to restore balance in this situation. In recent minority Parliaments, the Liberals spoke very positively about anti-scab legislation, but they never quite produced enough votes to actually pass it.

Now, the Liberals have a majority. They have the ability to pass whatever legislation they want, and how the Liberals vote on anti-scab legislation will be a crucial test of whether the government plans to live up its rhetoric about respecting workers' rights and strengthening the middle class.

Many other important workplace issues go beyond industrial relations. In the election, the Liberals promised to improve the Canada pension plan. It took three ghosts to convince Ebenezer Scrooge. When the Minister of Finance met with the provinces before Christmas, it took only two ghosts, Christy Clark and Brad Wall, to steer him away from improving the Canada pension plan.

As a proud Saskatchewanian, I found it rather strange that our premier used the downturn in commodities to argue against improving the Canada pension plan, rather than be in favour of improving employment insurance that actually would have helped the affected workers.

Despite all the Conservative rhetoric we have heard in this House about the need to respect the oil and gas sector, I think it is telling that Conservative MPs will not stand up and support better access to employment insurance for laid-off energy workers.

I am proud of the fact that the NDP is pushing for better employment insurance. In the election, the Liberals also talked about better employment insurance, but yesterday they were up speaking against our opposition day motion to achieve exactly that.

The specific Liberal objection was to a national entrance requirement of 360 hours. I would just remind the House that when the Liberals were on this side of the House, they were demanding precisely that policy. Now the Liberals are saying that regional differences in labour markets need to be respected.

Certainly those regional differences exist, but if someone is laid off in a region of high unemployment or low unemployment, they are still out of a job and they still need income support.

What the Liberals have not explained is why the entrance requirement is the aspect of employment insurance that should vary in response to regional differences. It is still the case that the duration of EI benefits varies according to the regional unemployment rate, and there is a logic that it probably takes longer to find a job in an area with a higher unemployment rate. The NDP motion would allow the duration of EI benefits to continue to vary according to regional differences.

There are also problems and lags in measuring regional unemployment. Regina is near the epicentre of the downturn in the oil and gas sector, yet the measured unemployment rate in my community is still low enough that the entrance requirement for EI remains at the national maximum of 700 hours.

Imagine individuals working part time for 25 hours a week, and imagine that they work for half the year. Well, 25 hours a week times 26 weeks is 650 hours, which is not enough to qualify for employment insurance. Individuals in Regina could pay into EI for half a year, and then when they are laid off, receive no benefit whatsoever. That is unfair, and that is why we need a national entrance requirement of 360 hours.

The NDP will vote for Bill C-4, but working Canadians also need the Liberals to vote for our opposition day motion to improve employment insurance, to vote for the private member's bill to enact anti-scab legislation, and to keep their promise to improve the Canada pension plan.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 10:10 a.m.
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Liberal

Marc Serré Liberal Nickel Belt, ON

Mr. Speaker, we have heard, and I have heard, from many unions across the country, and in my riding. Many of their members look at these laws, Bill C-525 and Bill C-377, as very different from some of the other provincial legislation that is in place. We have to repeal these bills to restore fairness and balance in the labour movement.

Canada Labour CodeGovernment Orders

February 26th, 2016 / 10:05 a.m.
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Liberal

Marc Serré Liberal Nickel Belt, ON

Mr. Speaker, I welcome the opportunity to speak today on Bill C-4 and to ask my fellow members' support.

Bill C-4 would repeal two bills that have changed the labour relations landscape in Canada, and not for the better. We have said from the start that we believe in doing different things and in doing things differently. Supporting the middle class and those working hard to support it is a key priority of our government. Labour relations, positive and otherwise, have a direct and immediate effect on workers and employers.

Bill C-4 would restore a fair and balanced approach to labour relations in the country, an approach that would allow workers to make free and informed decisions. It is supported by both employers and labour, and it fosters stability. These are fundamental Canadian values that should be reflected in how we support Canadian workers. It is an approach that we can be proud of, unlike the previous Conservative government's “my way or the highway” attitude.

We know we are in trouble when we hear what respected labour leaders, like the president of the Canadian Labour Congress, have to say about Bill C-525 and C-377. He said that the bills “...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 northern Ontario area manager of the carpenters' union said, “Our membership and staff are incredibly happy to hear the Federal Government has followed through with its campaign promise to repeal these [two bills]. The introduction of these Bills were self-serving and posed no benefits to our members who rely on [protecting the rights of the union workers].”

A third quote is from the Canadian union of operating engineers. It said, “One of the biggest key points to repeal Bill C-377 and C-525 is for our members privacy [...] We are a small union [representing] 14,000 members. The additional...cost associated [with making] these changes [with the] new rules will run in and around 3 million dollars, an expense [that this union] cannot afford. We agree with the government and believe these Bills [should] be repealed.”

Simply put, these bills have undermined labour unions and labour relations in the country. Bill C-377 creates unnecessary red tape for unions and could put unions at a disadvantage during collective bargaining. Bill C-525 makes it difficult for employees to unionize and easier for bargaining agents to be certified. Therefore, they trust the government's plan to ensure Canada's labour laws best serve employees and employers.

As a past union member myself, I understand how unions strengthen communities. They help to create a safer workplace, better working conditions, and help recognize the need for workplace health and safety committees.

I look forward to meeting every organized labour union in my riding of Nickel Belt and greater Sudbury, to hear, listen, and understand their issues. I recognize the important role that unions play in protecting the rights of Canadian workers and helping the middle class.

Unions play an important economic role and encourage companies to grow and prosper. They trust that unions can establish productive relationships between and employees and employers. Therefore, we should trust the union movement in a fair and balanced way.

While unions are required to share a great deal of information about their operations, employers are not. An organization that does not follow the rules would be fined $1,000 a day, and up to $25,000. Why would a requirement like this be imposed on a labour organization and no one else? These bills single out and attack labour in Canada for no fair reason.

These measures discriminate against unions. Bill C-525 is a disaster. It replaced the card check system with mandatory voting. Unions are no longer certified automatically when a majority of workers sign membership cards. That complicates things for workers who want to unionize. Not only is it now more difficult for unions to obtain certification as bargaining agents, but it is also easier for them to lose their certification.

Who could possibly benefit from the new system? It sure looks like everyone loses. It was up to us to turn the ship around. We are acting in everyone's interest. We want to help the middle class, not hurt it. We believe that for labour policy reform to happen, there must be meaningful dialogue among unions, employers, stakeholders, the provinces and territories, and the Canadian public. We are walking the talk.

Repealing Bills C-377 and C-525 is the right decision. It is an informed decision that will restore fairness and balance to the world of work.

These two bills are nothing but solutions to problems that do not even exist. That is why I encourage all members of the House to support Bill C-4, which is in the best interest of all Canadians.

I ask members to think about what labour unions do for Canadians, and to think about the working Canadians who are trying to make a living and raise their family. Are decent wages and safe working environments something that members think Canadians can live without? Are positive labour relations between employers and employees important?

I ask members to think about the rights of workers to be represented and protected. I ask that members do the right thing and repeal Bill C-377 and Bill C-525, and restore a fair and balanced approach to labour relations in Canada.

I am proud to be part of the Liberal government that will repeal Bill C-377 and Bill C-525. I recognize the important role that unions play in protecting the rights of Canadian workers and helping the middle class grow and prosper.

LabourOral Questions

February 19th, 2016 / 11:50 a.m.
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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, my colleague across the way is right to state that the previous Conservative government had organized labour in its crosshairs. We saw that time and again, with Bill C-377 and Bill C-525 for example, which I am very pleased that our minister's first piece of legislation, Bill C-4, will repeal.

We will continue to work on labour issues, fair wages, and the definition of danger. Those are important issues and we will continue to pursue them as we go forward.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 6:20 p.m.
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Conservative

John Nater Conservative Perth—Wellington, ON

Mr. Speaker, I am pleased to rise in the House today to speak on Bill C-4.

We heard a lot from the other two parties about the importance of unions and the union environment, and I agree. Unions play an important role in our society and our economy, but they also have to keep up to pace with the modern society and modern economy that we now have in the 21st century.

I am proud to have been a long-time union member. I was a member of the Public Service Alliance of Canada, PSAC. I was a member of the Canadian Association of Professional Employees. I was also a member of CUPE. I know firsthand about being a member of a union and the benefits that union membership does bring to a number of people in the workforce. However, at the same time, it is also essential that unions are subject to a fair and effective regulatory process to ensure that unions serve their members and not just their union bosses. Bill C-4, however, would remove such regulations and protections, and that is why I will not be supporting it.

The current Liberal government brought Bill C-4 to repeal two private members' bills passed by the 41st Parliament: Bill C-377 and Bill C-525. While the other parties make some obscure claims that these bills are attacks on unions, when one actually reads the bills, it is very clear that it is simply not the case.

Bill C-377 amended the Income Tax Act, requiring union management to file a standard set of financials each year to be posted on the CRA website. These requirements are not unreasonable. In fact, if a union boss were proud of the work he or she was doing, he or she should be more than willing to show his or her strong financial management within his or her union environment.

Bill C-377 was carefully examined by Parliament through the private members' bill process. It went to the House of Commons Standing Committee on Finance, where many groups expressed their support for the bill, including the Canadian Taxpayers Federation, the Canadian Federation of Independent Businesses, and Merit Canada.

The transparency requirements introduced in Bill C-377 do not weaken unions. In fact, they empower union members. Union members and all Canadians are able to receive quicker and easier access to information on how their mandatory union fees are being used. This is essential. Union fees are not optional; they are mandatory. What else is mandatory? Canadian taxes.

We as parliamentarians all spend Canadian tax dollars with our expense claims, and we as parliamentarians post our expenses online for our constituents to see. Union dues are the same. They are forced mandatory fees, and Canadians and those who pay fees should have access to that information, especially when these fees are being used to undertake political activities.

Mandatory union fees should be used to support and protect the wages, rights, and benefits of their members. However, for purposes beyond that, members should be entitled to know where their money is going and how it is being spent. It is imperative that those who are forced to pay union fees have easy access to that information so they can hold their representatives and their directors accountable. It allows members to ensure that their union leaders are spending their hard-earned money in a way that is responsible and not for the personal or political gain of union leadership.

As I said at the outset, I am a former union member. In 2012, I was a member of PSAC, local 610. In that year, we saw a provincial election in Quebec, and PSAC came out and openly endorsed the Parti Québécois in the Quebec provincial election. Here we had PSAC, a federal government union, supporting tens of thousands of federal public servants, openly endorsing a separatist party in Quebec. As a union member, I was disgusted by that. I was disgusted by the fact that my union would go out and openly support a party that had no other raison d'être than ruining and breaking up this country. It was unconscionable that it happened, but it did.

During the 2014 provincial election in Ontario, because my wife is a nurse and a member of a local union, our home voice mail was constantly flooded with union messages telling us whom we should not be voting for. They did not go so far as to tell us who we should be voting for, but they simply told us that one particular party would cause all kinds of job losses. Of course, now we are seeing those same job losses under Kathleen Wynne in Ontario, but the union seems to be quiet on that particular subject.

Here is the thought: these unions need to be accountable to their members on how they spend in a clear and transparent manner, especially when we are talking about political activities undertaken by union membership with forced and mandatory union dues.

I want to talk briefly now about Bill C-525, which amended the Canada Labour Code to require certification and decertification votes to be held by secret ballot. This protects individuals from undue pressure and intimidation, and it allows secret ballot for workers to decide how they want to be represented, and not to be pressured by their co-workers or union bosses.

I have been listening very closely to the arguments on the other side against the secret ballot, and I have yet to hear one single coherent answer on what is wrong with the secret ballot for certification and decertification votes. We have heard our other members suggest how secret ballots are used in other types of union activities and why there is such an inherent challenge with using secret ballots for a certification vote. We just simply have not had an answer on that. The secret ballot is a fundamental element of a fair and democratic process. It is something that I, as a parliamentarian, am proud to stand for and proud to endorse. Bill C-525 and Bill C-377 were not attacks on unions. However, Bill C-4 is an attack on accountability and transparency.

In his letter to Canadians on November 4, 2015, the Prime Minister said, “That is why we committed to set a higher bar for openness and transparency...”. The government across the way claims to be all for openness and transparency, but if it were really for that, it would not be going ahead with the repeal of these two bills. It is very clear that openness and transparency is a mushy subject for the Liberals across the way, and how they selectively choose to define it is really up to them, it seems.

Finally, I want to talk about that canard that we have been hearing time and again from the Liberals across the way, that private members' bills are somehow a way of getting legislation in through the back door. I am proud to be a member of this House. I worked hard to get to this place. We knocked on more than 30,000 doors in Perth—Wellington, and I am proud to come in through that front door and to represent my constituents in Perth—Wellington here. I am proud to have the ability, as a private member, to introduce legislation that I feel supports the people of Perth—Wellington and supports the people of Canada as a whole. It is disgusting that the Liberals would refer to this as going through the back door of legislation. We have rights as parliamentarians, and I am proud to stand on behalf of those rights. I am proud to be a member of a party that saw, under the Conservative government, more private members' bills pass in the 41st Parliament than at any time before then.

I am proud that our party allows free votes on private members' business, and on votes of conscience for that matter, unlike the members across the way. I am proud to be standing in this House, representing the people of Perth—Wellington, and I am proud to be voting against Bill C-4, which would be a step backward for openness and transparency.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 6:05 p.m.
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NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, it is a pleasure to rise today to speak to Bill C-4. As a member who was elected to the House right off the job site and a proud member of the International Brotherhood of Electrical Workers, I am very pleased to be speaking to this legislation.

We have heard a lot in the debate. The hon. member was just talking about the executive and the membership. I come from a union where the rank and file were quite upset with Bill C-377 and Bill C-525. They wanted to see them go. They go to their monthly meetings and discuss what kind of spending is going to happen at the executive level, right down to approving the credit card bill, on a monthly basis, of the people who work in the office. I do not think there is any doubt in the minds of most members of my union that they have the opportunity, not just to get the information about how their local union is spending money, but also to have a say in open meetings.

There is a fabricated argument for transparency. For those who need the transparency because it is their dues money being spent, they have access to that information and have had access to that information. In that sense, the bill was a solution looking for a problem.

The executive in my union know well that the power they have when it comes to working with industry, finding jobs for members and making sure that members get fair pay and good benefits for the work they do, does not come from any particular piece of legislation. Obviously, like any other good institution, we need enabling legislation, not persecuting legislation, as I would say Bill C-377 and C-525 are. The power of the executive of my union comes from the membership. It comes from the good work that we do every day. It comes from the quality product that we produce on site. It comes from the extra training that our union provides to our members so that we are out there being the best in the industry. That is why our contractors, like the electrical contractors of Manitoba, have worked quite collaboratively with my local. They know that our union is providing added value to the projects they do, and frankly that we are making them more money. That is what we hear in the dialogue with our contractors.

I am in a tight spot, because of course I do not want to be unparliamentary. I do not want to attribute ulterior motives to any particular party. However, the level of ignorance that one would have to attribute to people making some of the arguments I have heard in the Chamber today, such as ignorance about the way that unions work, about the relationship in the building trades between the unions and contractors, verges on unparliamentary. Therefore, I am feeling in a bit of a tight spot.

I do not want to do any of that, so perhaps I will talk instead about the degree and extent to which the legislation has to be seen not just on its own. If we consider it on its own, then some of the red herrings we have heard today may be effective. However, we need to consider it in the context of a government program that brought in Bill C-377, Bill C-525 and Bill C-59. When railroad workers were going into negotiations with their employer and Canada Post workers were going into negotiations with their employer, they were threatened. Sometimes before they even had the strike vote, they were threatened that they would be legislated back to work.

We need to consider it in the context of a government, some of whose members were making comments such as we heard again today from members from the Conservative Party, criticizing the Rand formula and mandatory union dues. We need to consider it in the context of a government that limited access to EI so that workers were more afraid of challenging their employer, because in the case of a layoff they would not be able to pay their mortgage and feed their families. We need to consider it in the context of a government that refused to talk to the provinces when they asked to increase the Canada pension plan, so that employees who were ready to retire could not leave the workforce, putting downward pressure on wages and blocking opportunities for young people to be promoted within their companies. When we consider it in that context, it is impossible to say that those bills were not meant as an anti-union program. It had very little to do with anything that was coming from the rank and file of labour unions, and everything to do with a government that was working hand in hand with employers to put downward pressure on the working conditions and wages of Canadian workers.

That is part of why these bills were so shameful. It is not just for the content of the bill; we have heard a lot about what was wrong with the content of the bills. They were part of a deliberate and sustained program to make life harder for Canadian workers so that corporations that were already, over that timeframe, making record profits could add a little more to their margins. In a time when corporations were seeing their tax rate go from 28% to 15%, they could squeeze a little bit more out of their workers.

When the economy is working well, we have labour peace. We have labour peace, not when employees are being held under the thumb of their employers, but when they are free to negotiate collectively with their employers and work for fair wages and fair benefits. We know that the union movement, over time and today, contributed to that and contributes to that. We know by the behaviour of many employers, and I dare say even some governments, that if we did not continue to have a strong labour movement in Canada, we would soon lose those gains that were hard fought and hard won over the last 100 or 150 years. That is why we on these benches are concerned to see a legislative environment that allows the union movement to thrive.

We hear sometimes that times were tough and we may have needed some unions to help with workplace conditions, but by and large really, prosperity just spontaneously came out of the industrial revolution. Forgotten in that account is that the organization of workers went hand in hand with that, and it was not until workers were organized that those gains actually came.

I think we need to be careful that we not give credit for the accomplishments of the labour movement to employers that would still be, and we know that they would still be, treating their workers in the way that they treated them in the 19th century. In parts of the world, the very same employers, operating in Canada in some cases, are treating their workers in other parts of the world as if it was the 19th century.

We would have to be very naive indeed to believe that, if there was not the legislative framework and if there was not the strong labour movement that we have had in Canada here, those same employers would not get the idea that maybe they could treat their Canadian workers that way too. I think we need to be very careful that we not attribute the good conditions and the good wages that some Canadian workers continue to enjoy to the benevolence of their employer, but acknowledge that those were gained hard fought and hard won.

I would say that in their more enlightened moments, some employers, like some of the employers that I am glad we have in the electrical industry in Manitoba, know that it has been overall good for them. It has created a customer base. Employees who have disposable incomes can afford their homes and are not worried about their families. They have child care. We can get into all the issues, but largely workers, well paid, well fed, and well housed are more productive, and that is good for Canadian employers.

Again, I think it speaks to the shame of the previous government that it would have sought unsolicited, except maybe by some employers, but certainly not by a groundswell of Canadian workers, to disrupt that partnership that had developed. This is not always easy. We had arrived at a place in Canada where at least some workers, and usually unionized workers, were getting a fair return on the work they did and that employers were benefiting from having those productive workers.

I do not think it is the place of a government to go and intentionally disrupt that. We can talk about what is in the particular context of those bills. I do not think it is very good, but certainly when we look at the larger context, that seems to be the case. It is one of the reasons I ran. I did not think we could tolerate having a government that bent on disrupting that relationship between the labour movement and employers and making sure that workers got their fair share. It is why I can hardly wait to stand in favour of the bill.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 6 p.m.
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NDP

Tracey Ramsey NDP Essex, ON

Mr. Speaker, I think it is interesting that my colleague mentioned the trades of members of his riding. I would like to draw attention to something that Canada's Building Trades Unions put forward around this piece of legislation. It stated:

Canada's Building Trades Unions are very pleased with the introduction of repeal legislation for Bill C-377 and Bill C-525. [They] are pleased this is one of the first pieces of Government legislation introduced in the 42nd Parliament.

Therefore, I would ask the member this. Will he stand with unionized workers in his riding in the building trades, repeal this regressive legislation, and help grow the Canadian economy?

Canada Labour CodeGovernment Orders

February 16th, 2016 / 5:15 p.m.
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Conservative

Kevin Sorenson Conservative Battle River—Crowfoot, AB

Madam Speaker, it is a pleasure to be here. For the people who are watching from home, it is a bad day in Ottawa outside of this place. The snow is falling and they are predicting over a foot of snow here. Traffic has come to a halt almost, yet it is warm in here.

We are discussing Bill C-4, and it is always a pleasure when we can stand and debate the issues.

It is kind of a bad day in here as well for the governing party. One of the first things the Liberals did was take away the First Nations Financial Transparency Act. The second thing they did was pull our troops out of the war against ISIL. Now they have Bill C-4.

The majority of people in my riding of Battle River—Crowfoot would oppose Bill C-4.

Bill C-4 is 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. As we have already heard today, the previous Conservative government already passed amendments to the Labour Code and these three statutes.

The amendments improved two key laws on democracy and union transparency. Bill C-377 provided more accountability for union leaders. Bill C-525 required the holding of a secret ballot for the creation or abolition of trade unions. Now the Liberal government is saying, who needs secret ballots?

What about accountability? The Liberals have never liked accountability. That is why it was up to the Conservative Party to move the Federal Accountability Act as our first measure when we formed government.

As a government, we stood up on behalf of union workers. I remember the day the member brought this forward as a private member's bill. He came around and spoke to us. He talked about the union workers who had said they were having difficulty getting that type of accountability or knowing where their money was being spent.

Everyone knows that some Canadian workers are forced to pay union dues. Until the previous government took action, union bosses, those people who are in charge of the management of a union, did not consult the workers about decisions they had made on behalf of their. Union bosses were not held accountable for their management of the union dues they collected. There was a lack of transparency and accountability when It came to the actions involving where those dollars were to be spent.

There were no rules or regulations that said that the leadership was under any obligation to open the books so union members could see for themselves the various ways that the union leaders were spending union dues. Canadians could not see how much money was raised by any given union. Canadians could not see how any given union was spending its money. It was one big secret.

Sometimes the secrecy extended to union members themselves. They could not see the books of their own union. Some unions would allow members to see the books at a union meeting. Sometimes one had to ask to see the books of one's own union. Imagine anyone doing that. In all honesty, imagine a worker risking being blackballed by the union. The union could very well ask members why they wanted to see that, what they wanted, and what they were looking for. It could ask if there was there something that was bothering them or ask why they needed the information because nobody else had asked for it. Now all of a sudden the union member is the one who is almost guilty of wanting transparency. Too many union members could be intimidated to do whatever was necessary to try to see the books.

Not all union members are accountants. They do not all have commerce degrees. They are not all able to look at the books on the screen and have the union bosses stand over them, or take it home. They wanted the ability to see where some of their dollars were being spent. They may not be able to read the 100 pages of a document, while union bosses are standing over them trying to figure out what part of the document the member might want to see and for what reason he or she might want to see it.

I remember when Mr. Hiebert asked me to support the bill. He talked about the number of members who had come to him in regard to it. He had studied it. He had thought there must be more transparency than there was. He worked with opposition and government members, and he tried to drum up support for his private member's bill.

A lot of the new members across the way will find out about the process of a private member's bill. First, they will find out how difficult it is to be in that lottery and to get their name drawn, and then how difficult it is to actually work it through, especially in a majority government. I remember Mr. Russ Hiebert doing that.

I also remember union people coming in on both sides, questioning why we were doing it. I remember both union bosses and members thanking us, saying that it was about time.

The legislation he brought forward in that private member's bill lifted the veil of secrecy off the union spending. Any union member, from the comfort and safety of their home, could see their unions' books, could go through it line by line, and see where the money was being spent.

We simply made it so the leaders of the unions would make public their decisions concerning the expenditure of the union dues they had collected and any other monies that were given or raised by the union.

I think Canadians would agree that this was a fair measure. A union is a public institution. It is not a profit-chasing corporation competing in the marketplace where there may be some secrets as far as marketing their product. I think most Canadians realize that charities have to do it, as do many other different groups. It is reasonable.

The second change that the previous Conservative government made to the way that unions were run in Canada was to increase the level of democracy in how unions operated in Canada. We are a democratic country. We take very serious our democracy. We govern ourselves using the method of a secret ballot. This provides a voter with the highest level of democracy and the most freedom.

Canadians would agree that unions should also conduct their affairs at the highest level of democracy. We made the change to stop workers, union members, from having to publicly inform their colleagues whether they may actually support their union, or whether certain changes that they wanted within their union did not force them to stand up publicly when a secret ballot could really have them voice their concerns.

Our changes freed workers from pressure. Both before and during the election campaigns, unions spent millions of dollars to straight partisan ends. Union bosses can do that because they are under no obligation to tell anyone if they did. My wife is in a union; she is a registered nurse. She told me about the day, and I think it was before I was elected, when the union boss came from Edmonton to our little town and told the registered nurses how they would vote. She was sitting in the meeting. She questioned it. All of a sudden there were hums and haws, but it was intimidation. Union bosses can do that because they are under no obligation for anything.

Some unions do tell what they will do and how they are involved, but some union bosses proudly provide details of how they spend union dues fighting a political party that in some cases supported many members of that very union.

I believe, with all due respect, that the measure we are debating today is payback to the unions for them showing up when the now Prime Minister made announcements. We saw the emails. We saw them go out. They would say that Justin was in town, that they needed 100 people in the picture. I think we are now seeing some of that payback.

Other unions do say how their money is being spent. Again, we wanted to see transparency. We want to see measures brought forward so that democracy was enhanced even within the unions.

Our previous government gave union members the right to know what was going on within their union. It also gave them the right to vote. Why? Because the union is an important institution. The union, in some places, can intervene on behalf of their workers. When we do not have transparency, pretty soon we have an institution that crumbles.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 5 p.m.
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NDP

Niki Ashton NDP Churchill—Keewatinook Aski, MB

Madam Speaker, I am proud to rise in this House and speak to this important bill. As somebody from northern Manitoba, I am proud to come from a union town, Thompson, a proud mining town where we all know clearly how important it is to have a strong group of unions in our community. I am also proud of the role that unionized work has played in my family. My dad was a member of the important union in our community, the steelworkers, as was my grandmother. I know what it means to grow up in a household where union work means families and communities being better off.

I am also proud to rise in this House as a New Democrat. The NDP of course is a party that was born out of a labour movement, and it has always stood up for unions and the rights of Canadian workers. We have proudly voiced our fervent opposition to the former Conservative government's attempt to restrict the power of unions and to make it more difficult for workers to organize.

Unions have been a key player in the fight against inequality in our country, and they have been essential stakeholders in pressuring the government into implementing key policy changes that have benefited our entire society. From workplace safety regulations to the weekend, we must not forget the good that has come from the victories of the labour movement.

It is the labour movement, especially in a world where the middle class and the working class are shrinking in size and influence, that is a necessary counterweight to the corporate greed that has been disproportionately rising in power over the last three decades. Therefore, it will come as no surprise that I rise in this House along with my colleagues to express our support for 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. We welcome the actions taken by the government and will continue to fight for the rights of working people who were undermined by the previous government for so long.

Bill C-4 would repeal two pieces of legislation, Bills C-377 and C-525, that were pushed through by the Conservative government in the last Parliament. These two anti-union bills were designed to make it harder for Canadians to join unions in the federal sector as well as to fundamentally weaken the power of unions by forcing redundant and unreasonable financial reporting. Both bills have been met with widespread opposition and criticism from many groups, including constitutional and privacy experts, the provinces, Conservative and Liberal senators, Canada's Privacy Commissioner, the Canadian Bar Association, and, of course, hard-working union members and workers across the country.

Bill C-377 forced unions to file information on the Internet about the salaries of their members as well as the unions' labour and political relations and activities. This bill was put forth by the Conservatives under the guise of increased transparency, they said. However, it is crucial to note the fact that unions are already required to make their financial information available to all their members. Furthermore, the NDP as well as the Privacy Commissioner of Canada believe that the bill goes against the Canadian Charter of Rights and Freedoms. It violates the right of freedom of association and the private lives of all who are members of a union. In addition, Bill C-377 would cost Canadian taxpayers an estimated $21 million just to establish an electronic database needed to store this information about union members, and it would cost the Canadian public $2.1 million each year after that. By repealing this piece of legislation, it goes without saying that both the Government of Canada as well as unions themselves would be able to save millions of dollars annually.

Bill C-525 proposed to drastically change the process through which unions under federal jurisdiction become certified. The bill increased the number of membership cards needed to certify a union and eliminated the possibility of forming a union through a majority card check. Prior to this legislation, a union was automatically certified if more than 50% of its employees signed a card indicating that they wanted to be part of a union. However, Bill C-525 outlawed this process. Because of this, the bill makes it harder for workers to unionize while making it easier for unions to be decertified. As such, Bill C-525 leaves workers vulnerable to intimidation by employers or third party members.

Yes, Bill C-4 would be a step in the right direction, but there is still much work to be done to ensure the rights of workers and improve working conditions for all Canadians.

Now I want to acknowledge the fundamental role that unions play in Canadian society through the protection of Canadian workers, the promotion of health and safety in our workplaces, and the role they play as the collective democratic voice for working people. I want to stress the fundamental importance of unions in providing education about workers' rights and standing up against workplace bullying and harassment.

Unions have been trailblazers when it comes to ending all forms of discrimination. They have been at the forefront of fighting for women's rights, LGBTQ rights, and the rights of racialized and indigenous peoples. They contribute to democracy by giving workers collective bargaining power, thereby lowering inequality in our country.

Furthermore, a new study done by the International Monetary Fund, perhaps an unusual source for such information, indicates how increases in income inequality can be directly linked to the decline of rates of unionization. This is particularly shocking considering the IMF has actually contributed to decreased levels of unionization itself.

Moreover, a decline in unionization correlates to weaker employment laws, leaving workers vulnerable in terms of their rights and more open to exploitation. Unionization helps to equalize the distribution of wages. Higher wages negotiated by unions inject an additional $786 million into the Canadian economy each year. On average, the hourly wage of a unionized worker is $5 higher than that of a non-unionized worker. For women, that difference goes up to $6.65 an hour. Because of this, it is paramount that the importance of unions be recognized and respected accordingly.

As previously expressed, Bill C-4 is a good first step, but New Democrats are disappointed that some major actions are missing from this bill. The NDP will continue to push the government to restore good faith bargaining with public service workers, starting the repeal of division 20 of the Conservative omnibus budget bill, Bill C-59, that attacks a worker's right to sick days.

Furthermore, New Democrats call upon the government to reinstate a federal minimum wage and to adopt anti-scab and proactive pay equity legislation immediately. The NDP will also push the government to repeal former Bill C-4 rather than just review it. This contentious legislation has been called unconstitutional, as pointed out by many, and is said to stack the deck in the government's favour by undermining fair collective bargaining.

I wish to thank all the workers, union members, labour activists, and advocates who made the repeal of these pieces of anti-union legislation possible. As a member of Parliament for the NDP, as well as the critic for jobs, employment and workplace development, it is important for me to show solidarity for our union brothers and sisters.

All those who believe that unionization is outdated need only look at how productivity gains have been divided between labour and capital over the past 30 years or so. Nowadays, capital compensation is completely out of proportion with performance, compared to the low pay labour receives. Speculation is valued more than the production of goods and services. This trend has increased in proportion with the decrease in the rate of unionization in society.

As I reiterate my support for this bill, I would like to send a clear message to the government. The structural problems that the middle class and workers in Canada are facing go beyond the scope of this bill. The fight against inequality requires a structural review of government operations, and the country is counting on the new government to do just that.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 4:55 p.m.
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Liberal

Dan Vandal Liberal Saint Boniface—Saint Vital, MB

Madam Speaker, the hon. member was the third opposition member who stated that grassroots union members absolutely support the two bills in question, when my experience has been the complete opposite.

The previous two bills, Bill C-377 and Bill C-525, I understand, were extremely unpopular across the country. I can speak firsthand for Saint Boniface—Saint Vital that they were extremely unpopular.

On October 19, Canadians spoke. Notwithstanding the will of Canadians on October 19, my question for the hon. member is more specific than that.

There are seven provinces that have voiced their opposition to Bill C-377 because it basically duplicates work they already do at the provincial level. I am wondering if the hon. member would comment on a bill that duplicates what many provinces are already doing, with several of them speaking out against the bill.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 4:45 p.m.
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Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Madam Speaker, I am glad to have the opportunity to rise in the House today on behalf of the many union members who live in my great riding of Kitchener—Conestoga. My riding is home to many union members. In fact, many of my good friends and family are union members.

The Liberal Party would have Canadians believe that the Conservative Party of Canada is anti-union. That is ludicrous. We on this side of the House are pro-worker, pro-accountability, and pro-transparency. Bill C-525 and Bill C-377, introduced by the previous government, made much headway in increasing both union member and non-union member confidence in unions.

One of the things I found troubling earlier this morning was my colleagues' statements on the opposite side of the House that the introduction of our legislation as two private members' bills was a back-door method of legislation. On this side of the House, we value all our members in the House, backbenchers and front benchers. Our government's record on private member's bills is better than any previous government's. The two private member's pieces of legislation that I was privileged to introduce were debated in the House and then passed into law. I will forever be grateful that as a private member I had the opportunity to introduce those bills and to see the support for them in the House and to know that they are now part of our government's legislation.

As a brief summary of the legislation the Liberal government is planning to repeal via Bill C-4, Bill C-525, the Employees' Voting Rights Act, was introduced by my hard-working colleague, the member for Red Deer—Lacombe. The legislation made it mandatory that a secret ballot be conducted for the accreditation or revocation of a trade union, rather than the automatic certification of a union when a majority of employees, 50% plus one, sign their membership card. The legislation strikes a balance by creating the same process when it comes to unionizing a workplace and to revoking a union according to the employee wishes. The decision of whether to unionize rests with the employees, not with the union and not with the employer.

I would like to pose a few questions to my colleagues across the floor. First, why is the Liberal government so against secret ballot voting? We know that the Public Service Alliance of Canada, or PSAC, stated at the committee charged with studying Bill C-525 that it uses secret ballot votes for internal elections and for the ratification of settlement agreements from collective bargaining. The president of PSAC, Robyn Benson had this to say:

Contrary to what you may have heard, PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action, as examples.

Furthermore, when asked if she believed that if there were to be a secret ballot vote, it should be 50% plus one of all employees, not just those present, her answer was yes, that she agreed.

Every member in the House was elected by a secret ballot vote, and on election day as nominees we are not allowed to stand beside the voting booth to tell voters to cast a ballot in our favour. I believe the hard-working men and women, my friends, union members from Kitchener-Conestoga, deserve the same privilege that we give to all constituents in our riding on federal election day, a free and secret vote. Without this commitment, employees who have not signed their membership card may not even be aware that a union certification drive is in process, and they may not be in favour of that union or its representatives.

One question that arises is whether it is even fair for them not to be consulted, since they must pay union dues and be members of the union. Another question is whether employees had signed their union card free of intimidation.

It is clear to me that allowing secret ballot voting is very common sense. However, do not just take my word for it. Here are a few others who support this legislation. The Canadian Federation of Independent Business clearly pointed out that “As secret ballot votes are a cornerstone of our democracy, if the process is good enough to elect our politicians, it should be good enough to form a union.”

Everyone in the House knows how important small and medium-sized business is to the engine of the economy of Canada, and the Canadian Federation of independent Business speaks very clearly on behalf of the workers in those businesses.

The Federally Regulated Employers—Transportation and Communications group testified that it and its members also support Bill C-525.

John Mortimer, the president of the Canadian LabourWatch Association, expressed his support on behalf of his organization for Bill C-525 for many reasons, including the fact that sometimes employees are victims of inappropriate tactics and are given the wrong information so that they will sign their membership card. For example, some employees sign their card without knowing the true result, which is the unionization of their workplace.

The Canadian LabourWatch Association also commissioned a poll of unionized and formerly unionized workers, which was very helpful. It found that 86% support secret ballot voting for union accreditation.

I could go on. However, let me just quote Merit Canada. It pointed out that the old system under which employees expressed support for its union's certification by signing their membership card resulted in intimidation and manipulation by both union organizers and management.

I hope that my colleagues from the Liberal Party do not support the manipulation and intimidation of hard-working Canadians.

Bill C-525's asking for a secret ballot is just plain common sense and the very cornerstone of modern democracy, as has been pointed out many times today.

Moving now to Bill C-377, what is the Liberal government trying to accomplish by giving a free pass to unions with respect to its financial transparency?

Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), introduced by my former colleague the previous member for South Surrey—White Rock—Cloverdale, would extend the principle of public disclosure to a group of institutions that enjoy substantial public benefits, in other words, labour organizations. The basic premise of the bill is that every labour organization in Canada will file a standard set of financials each year, which will then be posted on the CRA website, much like Canadian charities already do.

These bills are common sense and, as members will hear during the remainder of my remarks, are what Canadians want. I do not understand why the current Liberal government has decided to repeal these laws that increase confidence in and the integrity of our unions as one of its first acts in this Parliament.

While I think this is common sense, let us also hear from others.

In a Leger survey conducted in 2013, consisting of 1,400 respondents, not only did 83% of Canadians surveyed indicate they wanted public disclosure but 84% of current union members surveyed also said they wanted public disclosure.

Furthermore, the Canadian Taxpayers Federation supported this piece of legislation. It said that similar legislation has been in place for charities for many years and that there ought to be treatment of labour organizations analogous to that of charities.

The Quebec Employers Council also welcomed Bill C-377, citing that it is appropriate to make public the amount of dues that workers are required to pay, and which involve significant tax advantages, as well as the manner in which they are used.

This bill is actually about public disclosure, and this is a very positive step forward for unions and Canadian workers. Public disclosure will demonstrate that labour organizations spend their money wisely, effectively, and obtain good value for members' dues. This bill does not tell unions how to spend their money or restrict them in any way.

In my province of Ontario we have what we call the “sunshine list”, which makes public a list of all publicly funded employees who make over $100,000. In addition, salaries, benefits and office expenses of members of Parliament, MLAs, and others are also easy to obtain online.

Because union directors are also publicly funded through the mandatory union dues of all of their members, it only makes sense that union leaders in positions of authority and employees of the union earning more than $100,000 will have to disclose their earnings.

It is also important to recognize that the salaries of many Canadian union leaders are already published online in the United States. The U.S. has had legislation requiring public disclosure since 1959, before many of my colleagues in the House house were even born. The Liberals would have us travel back in time and limit this form of accountability.

The actions that Bill C-4 is bringing into effect would not increase the confidence that Canadians have in our unions and our leadership, and it is important that we oppose the bill at every opportunity.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 4:35 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, I am pleased to rise today following my good friend from Edmonton Griesbach who talked about his own personal experience with his family and as a former union member himself. I hope to contribute to the debate here on Bill C-4 today, dispel some of the myths brought to this place by some of my colleagues in government, and talk in depth about the two reforms that Bill C-4 essentially would dismantle, what I would call the modernization of the labour movement from the last Parliament that is being dismantled in Bill C-4.

However first, I am concerned when members of this place suggest that those measures being unwound in Bill C-4 are a tax on union members or a tax on the labour movement. Nothing could be further from the truth. We have heard statistics from polls that have shown that union members support the measures contained in both Bill C-525 and Bill C-377 from the last Parliament. In many ways, the labour movement is the last large portion of our society to embrace the modern concepts of transparency that are really commonplace throughout government of all levels and throughout the charitable sector. It is sad that it takes Parliament to pull the movement into this modern age of transparency and disclosure, but it was something that was supported by union members.

There is no dismantling of rights. There is no attack, and I am going to spend a few moments to talk about what those bills contain and why it is a bad public policy move to step away from these modernization efforts for the labour movement. However, more importantly, why it is not an attack is that I, like many of my colleagues, was elected to Parliament in 2012 and in the last general election by members of unions, to a large extent.

I am very proud to have some of my best door-knockers who are either former or current members of the CAW, now Unifor, working in our auto industry at General Motors in Oshawa. I am very proud to have the strong support of members of the Power Workers' Union, working both at the Darlington generating station in my riding and at the Pickering station nearby. When I ran for office I spoke to Don MacKinnon, the head of that union, who has been a very good advocate for clean and reliable nuclear energy. I rely on the expertise that a lot of leading figures in the labour movement bring to their sectors. I consulted those same members on our trade agreements when I was parliamentary secretary for international trade in the last Parliament. I am very proud to represent these people who do get benefits from belonging to their union.

We have heard many speeches about how, over the last century, the union movement has been helpful and has advocated public policy and so on. Nothing in the two bills from the last Parliament took any of that away. It is really cowardice of debate when people have to hide the real actions of Bill C-4 behind saying unions brought us health care and unions brought us weekends. Let us talk about what was in those bills from the previous Parliament and what Bill C-4 is attempting to do. Let us not wrap it up in the trappings of unions having made a large and profound impact on our society. They have, and none of these moves were right-to-work movements or banishing unions. This was about making sure of the movement, which is supported through tax exemption status, which is supported by the Rand formula, meaning dues are paid under compulsion much like taxes are. We cannot pick or choose whether we pay this out of our paycheque. That fact means that the movement needs to embrace these concepts themselves, and it is disappointing that it did not.

For people who have been following this debate at home, Bill C-4 is essentially the new Liberal government's attempt at unwinding two very modest reforms from the previous Parliament. The first is Bill C-525, which was a bill that brought essentially the secret ballot to union certification.

It is interesting that the secret ballot has been the underpinning of our parliamentary electoral process since it was brought in by the Liberal government of Prime Minister Mackenzie in 1874. I think it is now considered a fundamental element of elections in Canada, where there is a secret ballot so that people can place their X in a way they determine is best without fear of somebody watching, and without fear of repercussions.

It is essentially a basic tenet of our parliamentary democracy in Canada, yet it is somehow absurd to extend that same protection of a secret ballot to the certification vote, to truly vote how one feels is best for one's personal view. I guess by saying that it should not be there, does it mean the certification vote is somehow outside of normal tenets of democracy? That is all I can determine from some of the comments here, such as rights being taken away and attacks on the union movement.

People in Canada need to know that Bill C-525 was for the secret ballot. I am sure a lot of Canadians who do not belong to a union are probably surprised that there was no secret ballot before. This is what we are talking about.

I have heard some members say there would be intimidation by employers and that sort of thing. That is nonsense. The secret ballot is inherently secret. There is no employer there watching the vote, and the votes will not be named. Therefore, one can exercise one's democratic right to cast a ballot the way one sees fit for one's own personal views and the way one sees fit for the future of one's workforce, whether to stay in the form of a non-unionized environment or to unionize.

Really, unions should be embracing the concept of having a full and robust democratic measure as part of their originating entrance into a workplace. Why would they shy away from a secret ballot? It is a fundamental pillar for all levels of government, and the labour movement should endorse that.

Second, Bill C-4 would unwind Bill C-377, from the last Parliament. We have heard a lot of people getting very heated about that subject as well. It is similarly disappointing that such legislation had to be brought forward and that the labour movement would not itself embrace this concept.

Yet again, another Liberal government, in fact the father of the current Prime Minister, brought in access to information legislation in 1983. In subsequent years, all provincial levels of government and virtually all major municipalities have embraced this same concept of whether there would be transparency. If one pays one's taxes by compulsion, one should be able to know where that money goes and assess whether it is being well spent.

This same basic tenet extends to the charitable sector as well, which through the CRA and through its tax assistance for charitable donations, has similar responsibilities on disclosure, to allow Canadians to assess where that money was being spent. Therefore, why should one part of our society, in this case the union movement, be exempt from a generational move towards transparency?

Quite frankly, I do not understand it. With a $5,000 threshold, CRA and the Government of Canada are not looking into an organization's children's Christmas party. However, if an organization is backing a major political campaign, like the Working Families in Ontario, or sending delegates to a large convention overseas that is taking positions that would be adverse to Canadian principles, they should be able to see where that money is being spent, because the government has allowed that money to be spent on a tax-exempt basis.

Therefore, for politicians at all levels and the charitable sector, Canadians know that transparency is commonplace now. The new government mentions it on occasion. This same level of transparency has been in effect in the United States, in the brother and sister unions, since the Kennedy administration.

Therefore, with Bill C-4, two fundamental reforms that would be good for the labour movement would be withdrawn. It concerns this side of the House. Hopefully it should concern more and more Canadians.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 4:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, it is my first opportunity to get the floor in this debate, but not for lack of trying.

I recognize that the hon. member for Edmonton Griesbach is new to this place, but the debates around Bill C-377 were very clear. It was not just union leadership; it was union membership. It was a disguised attempt to tie the hands of fair collective bargaining.

Public release of information like union financing prejudices unions going in to collective bargaining, potentially on the verge of strikes.

This was anti-union legislation. I urge newly elected Conservatives to reconsider.

Canada Labour CodeGovernment Orders

February 16th, 2016 / 4:25 p.m.
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Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Madam Speaker, I listened at some length to the member's rationale for why he opposes the government's initiatives with respect to Bill C-4, and I will reference specific comments that he made with respect to Bill C-377. In the previous Parliament, the first time that the matter was referred to the Senate, the bill was amended significantly by the Senate Tory majority, which seemed to have been opposed by the member's government at that time.

Does my friend have a comment as to why, at a time when Conservatives could not get support from their own Senate Tory colleagues, they felt the need to gut the attempts made by that caucus to make improvements to the bill?