Bill C-525 (Historical)

Employees' Voting Rights Act

An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent)

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to provide that the certification and decertification of a bargaining agent under these Acts must be achieved by a secret ballot vote-based majority.

CANADA LABOUR CODE

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, as many will know, when there is an opportunity to talk about the issue of labour relations in Canada, as much as possible people can count on the fact that I love to be able to share my thoughts on what I believe is a very important issue. It is an important issue not only for me but also for the Prime Minister and the Liberal caucus as a whole. That is very clearly demonstrated in the degree to which labour relations has been made a parliamentary priority by the government.

I can recall having discussions about labour-related legislation prior to our being in government, when we discussed two private members' bills. I will comment on that because at times it was fairly emotional for my colleagues opposite when we indicated the manner in which the past government, the Harper government, had changed the labour laws.

One of the discussions that took place had to do with the sense of unfairness about what the Conservative government was doing at the time in introducing private members' legislation. Therefore, no one should be surprised that the new government, led by our current Prime Minister, has made a fairly bold statement that we want to establish a new attitude and a new relationship between labour and management, given the harm caused by the former government. It did not take long for our new government and the Prime Minister to bring forward legislation that will ultimately assists in setting the stage.

Bill C-4 is a genuine and effective attempt to repeal legislation that was previously introduced in the House by private members. I was there during the debate when those private members' bills were brought forward to fulfill what we believed at the time was the Conservative Harper government's agenda with respect to labour relations.

Over the years, I have had the opportunity to walk on picket lines and to support workers. I have had opportunity to meet with management groups to talk about labour relations. I understand the importance of balance. At one point, I was even the labour critic in the Province of Manitoba. I understand how important it is that there be balance, because balance is what provides for an effective bargaining process.

Although we have only held the reins of power here at the national level for a relatively few months, I believe we have made significant strides forward. I was really encouraged by our ministries here today that were so effective in sending the message to Canada Post and the union not to expect the current government to jump in with back-to-work legislation.

The government's expectation is that the stakeholders in this case, the management and the union, will be able to negotiate in good faith. I believe that in good part they have understood that the government wants to see that different attitude toward negotiations and that it believes it is in their best interest, both management and the labour side of Canada Post, to reach a negotiated agreement. In essence, that is what we have witnessed. When there is an opportunity for a negotiated agreement between the stakeholders, I believe this is what we should be striving for at all times. I do not believe the previous government really appreciated that fact.

Hansard will clearly demonstrate that I would comment back then that everyone knew at the time that the government of the day would institute back-to-work legislation virtually immediately if a strike took place. How did that influence negotiations? It was not just in respect of Canada Post. Indeed, the government needs, as much as possible, to respect and allow for negotiations in good faith. It does not necessarily mean that we are limited. We act in the best interests of Canadians at all times.

The former government did not recognize the importance of labour harmony. That is one of the reasons why we, as a government, had to deal with labour legislation right from the get-go. That is exactly what our Prime Minister and our government did with the introduction of Bill C-4. First reading was back in January and the bill was brought forward for second reading in February.

What was the Conservative Party's official response? The Government of Canada said that Bill C-4 was a priority piece of legislation and that we should debate it. Back then, the Conservatives did not think twice. They brought forward an amendment to the legislation. The amendment read:

That the motion be amended by deleting all the words after the word “that” and substituting the following therefor: “this House decline to give second reading to 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, because the bill violates a fundamental principle of democracy by abolishing the provision whereby the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority”.

Right away, the Conservative Party attempted to reject Bill C-4. It did that because it prefers those private members' bills, no matter who was offended by them. I am very proud that the government continued to push forward boldly with the legislation, understandably so, and we saw it go to committee.

When we deal with bills like C-525, C-377, and C-4, they go to committee and we get all sorts of different types of presentations on them. However, in this case, both labour and management argued that the approach established by Bill C-525 and Bill C-377 set a dangerous precedent for labour relations and law reform, wherein the tripartite consultation process—referring to employer, union, and government—had traditionally been considered as essential by the stakeholder to maintaining a workable labour-management balance.

We saw both sides make that claim. Many members in the Liberal caucus have raised that issue. I listened to my colleague from Atlantic Canada, when he was the critic for labour, stand up many times and articulate how important that balance was and how we had to respect the importance of the stakeholders. That was one of the fundamental flaws with the private members' bills that were being advanced at the time, which we are repealing through this legislation.

We have an hour of private members' business every day, almost without exception. There was substantive labour legislation. When changes are made to labour legislation, there is an obligation to take those stakeholders, the labour and management sides, and bring them to the table and sit down with them to get a good understanding of where consensus could actually to built. That allows the government to be involved in this well-established process that has proven to be fairly effective in Canada. Other jurisdictions look to Canada to see how we are able to provide balance between labour and management, and the different stakeholders.

That is something that is so critical, yet both of those private members' bills did not go through that process. In fact, if we had applied the same rules of procedure to Bill C-4 as we did to the two private members' bills, then we would not be debating the bill right now. The bill would have been limited in terms of the amount of time allowed for debate.

Members know full well that a private member's bill is treated quite differently than a government initiative or government legislation. There is more debate time for government bills. There is a different process, whether it is the lead-up, the making of the legislation, ensuring that there is that consultation and that the consensus is built between and labour management, all the way to the second reading, third reading, report stage, and so forth.

There are time limits that are instituted in our rules to deal with private members' bills. That is why many thought it was intentional on the part of the Harper government to have private members bring legislation in through the back door. We have made reference to that in the past. Many on the other side get very upset or are offended when we talk about that back door approach, but they need to recognize that there is a difference in the process. That offended both labour and management stakeholders. At the time, the Harper government completely ignored that.

Now we are going through the process. What was Bill C-525? It was the Employees' Voting Rights Act. It was introduced in the House of Commons as a private member's bill on June 5, 2013, by the Conservative member for Red Deer—Lacombe. The bill received royal assent on December 16, 2014, and ultimately came into force on June 16, 2015. It suggested that the card check certification model, which we believe is quicker, more efficient, and more likely to be free of employer interference, was something the Conservative Party adamantly disagreed with. It articulated that it needed to be gotten rid of.

However, it did not go through the process. The private member, heavily supported by the government, brought forward that piece of legislation and it offended a great number of people, not only union personnel.

Then Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), was introduced in the House of Commons on December 5, 2011, again by a Conservative member. The bill ultimately did pass on December 12, 2012. On June 26, 2013, amendments were made to the bill in the Senate and it was referred back to the House of Commons for review; however, the bill was restored back to its original version. Keep in mind, that was a majority Conservative Senate. Even the Senate recognized the imbalances being caused by this piece of legislation, but the Harper government used its majority to kick it back. Ultimately it was accepted and then put into force after royal assent in June 2015 and took effect in December 2015.

It is no wonder we have made this a high priority for this government. We heard some criticisms at the time about Bill C-377. That it could upset the existing labour relations balance between unions and employers was a comment we heard continuously, whether it was through debates or at the committee stage. That union financial disclosure was already addressed in the Canada Labour Code and in many provincial labour statutes was also something that was raised on many occasions, as well as why the Conservative government was singling out unions. What was the driving factor behind the Conservatives doing that?

It must be pointed out that the bill is discriminatory against unions and ignores other types of organizations such as professional associations, which also receive favourable treatment under taxation law. The bill would invade the privacy of labour organizations and their members.

It is interesting to note that the Alberta Union of Provincial Employees launched a constitutional challenge to Bill C-377. I understand that challenge is now in abeyance until we see what takes place with Bill C-4. There were a great many concerns dealing with privacy. Even the Canadian Bar Association and the Office of the Privacy Commissioner provided comments to that effect. The CBA suggested that the bill may be subject to legal challenges on those grounds alone.

It is amazing the number of provinces that voiced opposition to Bill C-377. A majority of the provinces also criticized the bill for potentially crossing over and destabilizing the labour relations environment. This is where I started my discussion. When we talk about Bill C-4, it is all about righting a wrong. It is restoring a sense of fairness and balance to our labour laws and that is of the utmost importance.

The Conservative government lost touch with Canadians on labour issues, as it lost touch on many different issues with Canadians. Bill C-4 is a good bill and should be supported by all members because it brings back and restores balance to labour relations.

Canada Labour Code

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

Madam Speaker, one of the components in Bill C-4 in repealing Bill C-377 and Bill C-525 is that union financial disclosure is already addressed in Canada's labour code and many provincial labour statutes. Therefore, many of the provisions contained in Bill C-525 and Bill C-377 were actually unnecessary. Also, the bill targeted only unions and not professional organizations.

With regard to the construction industry, there is a very healthy collective bargaining process that takes place in Ontario between the construction unions and their counterparties, and it has allowed the province to grow and prosper.

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

Madam Speaker, Bill C-4 seeks to address two real issues that were brought in by the previous government on Bills C-377 and C-525, which tilted the balance that was in place away from unions. That is the first step we have adopted to address within our labour relations area.

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

Good afternoon, everyone. Happy Friday.

Madam Speaker, I am very proud and fortunate to stand here at third reading to support our government in moving forward this important piece of legislation, Bill C-4, which would repeal Bills C-377 and C-525.

I spoke to this bill earlier, but I wanted to share my thoughts on Bill C-4 again, because I believe strongly in working to create a prosperous Canada, one in which the middle class and those looking to join it can grow and succeed. It was something I campaigned on last year and was a key plank in our government's election platform.

The two bills Bill C-4 seeks to repeal undermine labour unions and labour relations in our country, and in so doing, weaken our middle class.

Our government has an unwavering commitment to the middle class through initiatives like the Canada child benefit, which now sees nine out of ten Canadian families receiving higher monthly and tax-free benefits of approximately $2,300 a year; our middle-class tax cut, which reduced taxes for over nine million Canadians and will provide, over the next five years, approximately $20 billion in tax relief for Canadians; and recently, an historic agreement the Minister of Finance reached collaboratively with his provincial colleagues to expand and strengthen the Canada pension plan.

Our government is working to strengthen Canada's economy and to ensure that all Canadians have the opportunity to succeed.

When I last spoke to Bill C-4, I talked about the importance of the bill in restoring a clear and balanced approach to labour relations in Canada. I also talked about the fact that both my parents were union members. It was through the labour movement and its fight for fair wages and benefits that our family prospered in Canada. Frankly, it is one of the reasons I have the privilege to stand and speak in this House today.

I would like to focus my comments today on my personal connection to labour unions and their importance in helping create and sustain a strong middle class. However, before I do, I should probably provide some context and briefly explain the two bills that are to be repealed.

Bill C-377, which received royal assent in June 2015 and came into force at the end of 2015, created unnecessary red tape for unions and put workers at a disadvantage during the collective bargaining process. Bill C-525, which came into force on June 16, 2016, made it more difficult for employees to unionize and easier for a bargaining agent to be decertified.

Both bills diminish and weaken Canada's labour movement, are counterproductive to a positive working relationship between employees and employers, and negatively impact the growth and prosperity of Canada's middle class.

The two bills Bill C-4 seeks to repeal were ideologically driven, not fact, and were aimed at undermining the effectiveness of labour unions across Canada from coast to coast to coast.

One bill, Bill C-377, places onerous and unfair reporting obligations solely on labour and not on any other organizations, be it professional or otherwise. The other bill, Bill C-525, changes the way unions are certified and decertified, making it harder for workers to organize.

There was no compelling need to make it harder on the labour movement and no sound economic argument for the Conservative changes to the Labour Code. In fact, it was quite the opposite.

Given the essential role unions play in fostering and maintaining a prosperous middle class and in protecting the rights of workers, needlessly upsetting the labour market relations system that has contributed significantly to the overall Canadian economy makes little economic sense.

I said that I would be focusing my comments on a personal connection to the labour movement. Those members who know me know that I am an economist and a former corporate and government debt analyst who worked on Wall Street and Bay Street for nearly 25 years. People might ask themselves why I would be such a strong proponent of Bill C-4. It is because professionally and personally I recognize the importance of balance in Canada's labour system not only in allowing workers to make free and informed decisions but in giving employers a degree of certainty and access to a skilled workforce.

If we want to see an example of the labour system working in balance, we can look no further than the recent negotiations between General Motors and Unifor. Through a transparent collective bargaining process, both sides have come to a tentative agreement that seeks to achieve the best interests of both parties: business and labour.

I will quote Jerry Dias, Unifor's national president, who stated:

“This framework puts into motion what will be a historic agreement to secure a future for our members, for our communities and for the auto industry in Canada,” said Unifor National President Jerry Dias, who led the negotiations.

We must always ensure that labour and business can bargain in an open and balanced process. The bills that are repealed in Bill C-4 tilted that balance and it was wrong.

In my constituency of Vaughan—Woodbridge, I see how a fair and balanced labour system allows LiUNA and the carpenters' union to work with their partners, helping to ensure the availability of an educated and skilled labour force. That collaboration has played a large role in the phenomenal growth in enterprises in the city I call home, Vaughan, throughout the GTA, and, frankly, all of Canada.

Over the summer, I attended a LiUNA industry awareness event at its training facility in my riding of Vaughan—Woodbridge, where I saw first hand the training programs that LiUNA offers its members. LiUNA and its partners continue to train successive generations of workers who make Ontario a strong province and a beautiful place to call home. We must remember that unions like LiUNA continue to advocate for better health and safety conditions and strengthen pensions, which allow for a strong, prosperous, and growing middle class.

On a personal level, I also appreciate the importance of unions and a fair and balanced labour relations system. I was raised on the northwest coast of Canada in Prince Rupert, British Columbia, one of three boys, and both of my parents were union members. My father was a tradesperson, a carpenter and sheet metal worker. My mother, who, like my father, immigrated from Italy, worked in a fish processing plant. My parents came to Canada to build a better life and they brought with them the only asset they had: a work ethic and desire to build better lives for their family. With their union jobs, with benefits, good wages, and a safe environment, their aspirations for their family came true.

My parents instilled in me a very strong work ethic. Certainly those who know me, know I have carried that ethic with me proudly my entire life. They also instilled in me a very real understanding of the importance of unions and what decent wages and benefits meant to families.

In high school and while studying at university, I was a union member, working at the fish cannery, the Prince Rupert grain elevators and a pulp mill during the summers to help pay for my education. The work was not easy and the pay was not exorbitant, but it was a fair and decent wage. Because of the rules and oversight that unions helped to bring about, dangerous work environments were made safer.

Unions and their members are one of the backbones of the middle class in Canada. Union jobs enabled my immigrant parents to join the middle class. They allowed me the opportunity to pursue a higher education and, ultimately, with much happiness and privilege, it led me here to stand before the House of Commons.

I want to reiterate my full support for Bill C-4, our government's efforts to restore a fair and balanced labour relations system, and reaffirm my commitment to working toward creating and maintaining a prosperous Canada, one in which the middle class and those looking to join it can grow and succeed.

[Kyle Peterson, Liberal, Newmarket—Aurora, ON]

Madam Speaker, it is a pleasure to stand today to talk about Bill C-4.

Its purpose, of course, is to repeal the provisions enacted by Bill C-377 and Bill C-525. In other words, Bill C-4 aims to restore fairness and balance to labour relations. Throughout this process, there are some who worried about transparency. In fact, they claim that Bill C-4 attacks the transparency to which our government has committed itself. Nothing could be further from the truth.

All in this House know that our government is a champion for transparency. We are a government that is transparent, honest, and accountable to Canadians. We adhere to the most stringent ethical standards.

If we are talking about transparency, it is because this issue is of particular concern with regard to Bill C-377. Some think that the legislation was necessary to improve the financial transparency of unions. They say that it was required to guarantee public access to information on union expenses.

However, our government strongly believes that they are mistaken. Rather than improving transparency, Bill C-377 created additional privacy issues. Bill C-377 was pushed through Parliament by the previous government despite loud opposition from many different groups, including Conservative and Liberal senators, constitutional experts, and certain organizations, such as the Canadian Bar Association.

The previous government refused to listen to anyone, which is precisely why they are the previous government. We do things differently. We listen, and our efforts to improve labour relations in Canada were applauded by key stakeholders. The Public Service Alliance of Canada was pleased that our government tabled legislation to repeal Bill C-377 and Bill C-525, which this union believed was designed to weaken unions, was unconstitutional, and was a violation of privacy rights.

Canada's Privacy Commissioner Daniel Therrien has expressed concerns with Bill C-377. In his view, publicly listing specific individuals' political and lobbying activities, as well as education, training, and conference activities, in accordance with Bill C-377 is overreaching.

Recently, he appeared before the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, also known as HUMA.

I will take this opportunity to advise the House that I am splitting my time with the hon. and learned member for Vaughan—Woodbridge.

If I may quote Monsieur Therrien from that committee, he said:

My role is to advise parliamentarians on the consequences that legislative measures can have on privacy. I do not have an opinion on the activities of labour organizations, specifically, but, like my predecessor, I have maintained all along that the provisions contained in Bill C-377 and its previous incarnations, went too far by imposing a public disclosure requirement. They were unreasonable and infringed on privacy rights.

Mr. Therrien continued as follows:

....transparency is not an end unto itself; it cannot be an absolute objective to the exclusion of other considerations....Transparency efforts must be carefully balanced with the need to protect the personal information of individuals.

I could not agree more.

Protecting personal information is something that Bill C-377 simply does not do.

To provide my hon. colleagues with more context, this legislation amended the Income Tax Act to require unions to provide the Minister of National Revenue with detailed information on their finances. More specifically, Bill C-377 forces labour organizations and labour trusts, including those under provincial jurisdiction, to provide information returns. These returns would then be made publicly available on the Canada Revenue Agency's website.

Bill C-377 requires this information to include financial statements stating the total of all transactions, including certain transactions over $5,000 listed separately. These could include statements on their assets, debts, and expenses, and the salaries of certain individuals.

As if this were not enough, unions must also provide details on the time spent by certain individuals on political and lobbying activities and activities not related to labour relations. Worse still is that failure to comply with reporting requirements is considered an offence subject to a fine of $1,000 for each day of non-compliance, up to $25,000 per year.

Let me state clearly that Bill C-377 does nothing to add to the transparency of a union's affairs, and the former government knows this well.

To begin with, were this legislation to remain in place, employers would have access to a union's financial information, but the opposite would not be the case. In the collective bargaining process, unions would clearly be put at a disadvantage. For example, in the case of a work stoppage, an employer would know exactly how much money the union had in its strike fund, so it would know how long the union could hold out in the event of a strike. All the employer would have to do is wait until the strike fund was exhausted. That is unfair, unbalanced, and unreasonable. The union would be completely stripped of one of its key bargaining levers.

In addition, the strict disclosure requirements apply only to labour organizations and labour trusts and do not affect other groups that also receive beneficial tax treatment under the Income Tax Act.

This practice discriminates against unions and upsets the balance of labour relations across this country.

Lastly, provisions are already in place requiring unions to fulfill their financial reporting responsibilities. For example, section 110 of the Canada Labour Code requires unions and employer organizations to provide financial statements to their members upon request and free of charge. There are similar provisions in most provincial labour relations legislation. Bill C-377 does nothing to add to this regulatory regime.

The reality is that the vast majority of unions already make their financial statements available to their members. These documents generally contain aggregated financial information and seem to meet the intended objective without it being necessary to name specific names. In other words, it protects privacy. Instead of promoting true transparency, Bill C-377 infringes on the right to privacy.

We should not force unions to provide detailed information on their finances. That is why steps have already been taken by the Minister of National Revenue to remove these obligations. As a result, during the repeal process, unions and other stakeholders affected by the bill are not required to submit detailed tracking of their activities for fiscal year 2016.

Balance is key. We need to be transparent, but we also need to respect privacy. Balance needs to be restored in relations between employees and employers. To that end, I urge all members of this House to support Bill C-4.

[Kyle Peterson, Liberal, Newmarket—Aurora, ON]

Madam Speaker, I thank the member for her contribution today. We understand that she comes from a perspective based on experience, and it is great to hear her point of view.

I have a very quick question. In her opinion, which bill put the labour movement back further, Bill C-377 or Bill C-525?

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, I want to thank my hon. colleague for his comments, and for his offer to allow me to comment on Bill C-377 and Bill C-525 with the lens that they were simply mean-spirited, anti-union legislation that did nothing on a number of levels.

First let me talk about Bill C-377. My comment there is that the previous government would continually say “democracy, transparency, accountability”, and it would repeat that. Conservatives were trying to insinuate that somehow there is no democracy, no accountability, no transparency within the union movement and those associations. That is simply not true. If anyone has been part of a union or an association, they will understand the requirements that are needed to be shared with members and to file a report. It was an onerous reporting that added a lot of work and expense both on employers, as the member heard in my comments, and on the unions.

I have a quick comment around Bill C-525, which was a solution to a problem that did not exist. We heard that over and over at committee. We heard it from employers. We heard it from unions. It became very clear when we heard it from the experts, both from a previous chair of a commission that reviewed the Canada Labour Code, as well as from professors and experts within labour relations. It was simply there to make it harder to unionize and easier to decertify, and that certainly was the MO of the previous government.

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, I am very pleased to rise today in support of Bill C-4.

I would like to take this opportunity to congratulate the minister as well as the government on following through with one of their election promises.

New Democrats vigorously opposed the former Conservative government's attempt to restrict the rights of unions, and to change the rules governing labour relations under the guise of increased transparency. These bills were designed to weaken unions by forcing redundant and unreasonable financial reporting requirements on them and by making it more difficult for Canadians in federally regulated workplaces to join unions.

Allow me to recap the two bills that Bill C-4 would repeal.

Bill C-377 was an unnecessary and discriminatory law designed to impose onerous and absurdly detailed reporting requirements on unions. It was pushed through Parliament by the Conservatives despite widespread opposition from many groups, including constitutional and privacy experts, the provinces, Conservative and Liberal senators, Canada's Privacy Commissioner, the Canadian Bar Association, the NHL Players' Association, and the insurance and mutual fund industry, among others.

Bill C-525 was a private member's bill supported by the Conservatives. It was designed to make it harder for workers to unionize and easier for unions to be decertified. The labour law changes were made without any evidence of a problem with the previous system of union certification.

It is my hope that the bill before us will receive swift passage so that the restrictions and the risks brought by Bill C-377 and Bill C-525 will cease to exist.

I had the privilege of hearing from many stakeholders during the committee hearings, both unions and employers, on the bill, and I am pleased to have opportunity today to quote at length some of the testimony we heard last spring. Much of which we heard at the committee from expert witnesses describes the problems with these two pieces of legislation in a knowledgeable and straightforward way, and in plain language that makes it really easy to see why these bills should be repealed.

Tony Fanelli, representing the construction and contract maintenance industry employers, explained why he opposed these onerous disclosure and reporting requirements of Bill C-377. He said:

If all trust funds, all training funds, and virtually every fund that would be connected to a union are subject to public exposure, our competition would clearly understand over time how those monies go into training and how we do business. In the construction industry, training and development is a key component to the success of projects we build [and bid on]. The staff either make or break an employer. We saw this legislation would open the door for the non-union to come in, just as I mentioned.

On top of that are the reporting requirements, the reporting responsibilities, that would come out of this. When we did some of the preliminary audits on the cost of doing this, it was just prohibitive.

And these are a group of large employers.

He continued:

It would happen not only with employers like us, the people I represent, the bigger employers in Canada, but across every employer association in every jurisdiction in this country. That's the reason we're opposed.

Mr. Fanelli also said:

If the Construction Labour Relations association of Alberta or the Industrial Contractors Association of Canada are held to be a labour trust and have to make the reports and returns required by Bill C-377, then both our confidentiality and our bargaining strategies are laid open.

This cannot be good for labour relations or good for either party in the labour relations continuum. I've been a labour relations practitioner in Canada for nearly 40 years. During that time there have never been any issues arising in respect of this subject. If this hasn't been an issue in the past, what is going to be gained by such significant public disclosure?

He went on to say:

We are also responsible for the privacy of our employees, and the legislation compels us to decide which law we breach: the Income Tax Act or the various provincial and federal privacy laws...it might be different if there were some wrong or right in this area, but there simply isn't. The unionized contractors in Canada see no obvious value in any part of Bill C-377, and therefore support the repeal of that legislation under the bill being considered today....

The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities also had the opportunity to hear from some eminent labour relations experts and practitioners. Andrew Sims was the vice-chair of the 1996 task force to review the Canada Labour Code. He gave an enlightening presentation and had this to say about both bills, Bill C-377 and Bill C-525:

It's a fairly strong expression of views, but it is not simply my personal experience. It is founded on the last 30-year—and I think the most significant 30 years—review of the Canada code, and the people whose laws will be affected.

In my view, the two bills that are repealed by Bill C-4...both had the air of one side seeking political intervention for more ideological, economic, or relationship reasons, and they have corroded the view that legislative reform at the federal sector is based on the tripartite model.

To the oft cited but erroneous comparison of a secret ballot forum to form a union to an individual's vote during a democratic election, here is what another expert witness, Sara Slinn, associate professor at Osgoode Hall Law School at York University, had to say about Bill C-525:

...there is a faulty political election analogy at work here. Mandatory vote supporters commonly rely on a political election analogy founded on the view that certification votes are analogous to political campaigns and elections. The attraction of this argument is understandable, appealing as it does to ideas of free speech and informed choice and workplace democracy, but it's a false analogy.

The nature of union representation is not analogous to government power or political representation, and as a result, the nature of decision-making in a union vote is not analogous to that in a political election. First, the nature of the decision is [totally] different. Certification doesn't transform the employment relationship. It simply introduces the union as the employee's agent for the limited purpose of bargaining and administering any collective agreement that the union may be able to negotiate. The employer's overriding economic authority over employees continues in any event.

Secondly, there is no non-representation outcome possible in the political context. In political elections citizens vote between two or more possible representatives. There is no option to be unrepresented, so...if union representation elections were to be analogous to political elections, then it would be a vote among different collective employer representatives with no option for non-representation. That's simply not the system that we have anywhere in Canada.

Professor Slinn also addressed the issue of card check versus secret ballot votes for union certification. She stated:

...in terms of cards being a reliable measure of employee support, it's often contended that votes more accurately indicate employees' desire for union representation than cards, suggesting that card-based certification fosters union misconduct to compel employees to sign cards. Although this is possible, there is no evidence, either in academic studies or in the case law from jurisdictions that use this procedure, that it is a significant or a widespread problem. Anecdote isn't evidence, and certainly it shouldn't be a compelling basis for legislative change in the face of a lot of academic research finding that mandatory vote systems have negative effects on labour relations and that employer interference in certification is indeed a significant and widespread problem.

Another effect of Bill C-525 is the increased difficulty that employees would face when trying to form a union. Despite the Conservatives' denial, it is clear that mandatory voting procedures, as set out in Bill C-525, would allow more opportunity for employers to influence the outcomes of certification drives. I will quote Professor Slinn again, as follows:

In every case, in a vote-based procedure, the employer is notified by the labour board that a certification application has been made.... In most jurisdictions in Canada, in all but two, there is a deadline for that vote. It's between five and 10 working days. Under the Canada Labour Code, there is no deadline for that vote.

This provides ample time for employers to engage in anti-union campaigns.

She goes on to say:

...there's quite a bit of research on delay in the vote process. Representation votes, by requiring a vote in addition to submitting evidence, necessarily result in a longer certification procedure. It has been found that it significantly reduces the likelihood of certification where there's either no time limit—as is currently the case under the Canada Labour Code and other federal legislation....

These studies concluded that a combination of enforced statutory time limits and expedited hearings for unfair labour practices was necessary to satisfactorily offset these negative effects. Neither of these are currently available.

Professor Slinn noted that this delay would be a real concern under the current provisions and that passing Bill C-4 would help in part to address the issue.

In terms of employer interference, Professor Slinn noted that the vote-based procedure gives employers a substantial opportunity to seek to defeat the organizing attempt. There are numerous studies showing this is not only widespread but effective. A large percentage of managers surveyed in some of these studies admit to engaging in what they believe to be illegal, unfair labour practices to avoid union representation.

Survey evidence has also found in Canada that non-union employees expect employer retaliation and expect anti-union conduct by employers. Research at UBC has found that Canadian employers are no less anti-union in their attitudes toward unions than U.S. managers.

Professor Slinn found that Bill C-4 amendments reversing the Bill C-525 and Bill C-377 changes, particularly to the representation procedures, are a change that better protects employees' decision-making about collective representation.

Some of the aforementioned concerns about Bill C-525 were also echoed by Hassan Yussuff from the Canadian Labour Congress. He said:

If the board is uncertain about whether or not there is support for a union, the board itself can order a vote. Of course, on many occasions when there has been a vote, the board has found that employers have truly interfered with the workers' ability to choose the union....

Why would an employer care if the workers want to join the union? If it's their free democratic and constitutional right in this country, why would employers want to interfere in it other than the fact that if you do have a vote, it gives the employer time to use all kinds of tactics during the time the vote has been ordered? I could list some of the companies that clearly said they were going to close the facility, or cut people's salaries, or lay people off. Of course, ultimately it changed the workers' ability to truly exercise their free choice.

It was abundantly clear from the testimony of respected individuals and experts that Bill C-4 is a good first step. However, we are disappointed that some of the major actions were missing from the bill. The government has intimated that it plans to move forward with labour policy reform, which would include hearing from unions, employers, all other levels of government, and Canadians. While this is encouraging, it begs the question, why not immediately repeal the egregious labour law changes found in the previous government's omnibus Bill C-4? Why review bad legislation that is contentious and unconstitutional?

The previous government's omnibus Bill C-4 also decimated health and safety protections for public service workers. When will the government commit to restoring these important safeguards for the people who deliver our essential public services?

As negotiations with the public sector unions resume this fall, public service workers are looking for the respect they were promised during the election, and they are hoping that this government will make good on its promise to restore fair collective bargaining for the public service.

As part of the promised labour policy reform, will the government bring in legislation to update and modernize the Canada Labour Code? As we know, sections of the code that deal with workplace harassment, hours of work, overtime pay, and vacation entitlements are about 60 years out of date. It is time we modernized the code to reflect the reality of today's labour market.

The most recent review of the Canada Labour Code last happened in 2006, with the final report making several recommendations to help an increasing number of part-time and contractual employees.

In May 2015, a briefing note to the former minister of labour said that the rise in part-time, temporary, and self-employed workers along with the demand for knowledge-based jobs has changed the nature of work and the workplace. Will the government work with unions in ensuring that part-time, temporary, and self-employed workers have the right to the same workplace and labour protections as other Canadian workers?

Given the rise in precarious and involuntary part-time employment, Canadian workers are faced with a host of added challenges such as eligibility for EI benefits. It often results in a diminished ability to save. The erratic hours create challenges in pursuing an education, arranging child care, and qualifying for a mortgage. All these are contributing factors to the greater income inequality, and if the government is truly sincere about helping the middle class, then it must immediately address these issues.

I am sure my esteemed colleagues will agree that in every corner of this great country there is still much we can do to bring a better standard of living to Canadians. As the economy continues to struggle and the cost of living rises steadily while wages stagnate, Canadians are looking to the government to make life more affordable. Affordable child care, pay equity, decent accessible housing, and a living wage are all measures that would really help Canadians from all walks of life.

Will the government commit to reinstating a fair minimum wage for workers in the federally regulated sectors? Some provinces and municipalities are already acknowledging that a living wage will make a huge difference in making life more affordable. Will our government step up and lead the way?

Another sad fact is that a disproportionate number of workers who are affected are women and young people. We cannot afford not to act. It is way past time for the federal government to bring in stand-alone pay equity legislation. We have studied this issue and consulted, and the evidence is clear and undeniable. Two committee reports have called for action, yet we continue to wait.

Through a combination of policy and propaganda, the previous government started to dismantle the system of protections that were put in place by decades of advocacy by labour organizations, community groups, and unions. Their right-wing agenda has generated policies that hurt the environment, social services, and all workers especially persons of colour, indigenous peoples and communities, women, the poor, and other marginalized groups.

Now that we have a new government in place, one that has promised equality for women, fairness for indigenous people, and sunny ways for all, I do look forward to seeing the current government work closely with all members in the House as well as with unions and civil society to bring about better jobs and a more secure future for all Canadians.

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

Mr. Speaker, I was here during the previous Parliament and I was very involved in the debates on Bill C-377 and Bill C-525. I have a great deal of respect for my colleague from Louis-Saint-Laurent, but his speech was extremely simplistic. All throughout his speech, he talked about secret ballot voting, but the scope of Bill C-377 and Bill C-525 went much further. These bills were clearly an attack on unions in general.

My colleague failed to mention two specific points. The first has to do with the fact that unions had to disclose all expenditures over $5,000. Never mind the red tape and possible delays in the labour process, this would have also created a clear imbalance. Of course, management would be aware of the amount of a union's strike funds, for instance. Even that was unfair to the unions.

The second, which is even more interesting, has to do with the vote my colleague was talking about when he said it was totally anti-democratic. Under the bill that was passed and that will be repealed, union certification or decertification required the consent of 50% of the members plus one, including abstentions, which is absolutely anti-democratic.

Can my colleague comment on the anti-democratic nature of these two points?

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, it is always a pleasure to rise in the House to speak, but I would rather not have to do so on the subject of Bill C-4. Today is not a good day for Canadian democracy.

This is the final stage of debate on Bill C-4, a bill that takes aim at union democracy, the transparency that must be present in certain unions, and the accountability that is so vital not only within unions, but everywhere. People are becoming increasingly aware, particularly this week, that the government is no no position to lecture anyone on accountability.

Bill C-4 seeks to literally kill two bills that passed during the previous Parliament, two private bills that we, the Conservative Party, fully respected. We fully respect private bills, because we believe that all members of the House are equal, and all bills introduced here are equal. There is no such thing as front-door bills and backdoor bills. Every bill is voted on by members who all enter through the front door. Why? Because we are all accountable to our constituents. Regardless of whether a member is a government member, a cabinet minister, an opposition member, or an independent member, we are all members of the House of Commons. We all have the same authority to introduce bills. Shame on this government for referring to private bills as backdoor bills.

I want to repeat what I said earlier. I offered the minister the opportunity, the possibility, the chance, and the privilege to recognize that she has made a mistake. Everyone makes mistakes. Referring to the private bills we passed during the previous Parliament as backdoor bills is insulting to the House of Commons, and it is insulting to the 338 people duly elected by Canadians, our constituents.

I did not want to have to say this, but unfortunately I have to repeat that when a private member's bills is introduced, it is a front-door bill, not a backdoor bill. If we apply the Liberals' logic to the bill that was passed a few weeks ago, the one introduced by the Hon. Mauril Bélanger on the national anthem, are the Liberals prepared to say that that was a backdoor bill?

Are the Liberals ready to say that Mauril Bélanger's bill was a backdoor bill, yes or no? If they are ready to say that, they can rise up and say it.

It is impossible. We cannot say that a bill tabled by a minister or by an opposition member, or any member, is a two-tier bill. We are all members.

Bill C-4 seeks to kill Bill C-377 on accountability, and Bill C-525 on transparency. Let us look at them one at a time.

In our opinion, one of the fundamental principles in any organization is democracy. We want people who operate in a democracy to be accountable to their constituents, and also to earn that mandate. That is why when it comes to forming a union, we think all potential employees should have the opportunity to express themselves freely by secret ballot.

We were elected here, to the House of Commons, by secret ballot. Did we go to people's homes asking them to vote for us and sign a document? Of course not because we respect the voters' secret ballot.

However, this government prefers to uphold the old union ways, which require people to sign an application for union certification. We think that people would be more comfortable forming a union by secret ballot. For that matter, we think that would put the unions on a stronger footing.

A union formed by secret ballot proves that a majority of the workers really want it and that no one was subjected to undue pressure, whether from people wanting to unionize or from the company's executives who do not want the union.

We often think that unions are the only ones putting pressure on the workers by telling them they have to sign a certification application, but the opposite is true as well.

A business owner could go see new employees and tell them that they just got hired and that it would not be a good idea to sign. That would make employees think twice about doing so. However, allowing employees to vote by secret ballot on forming a union would respect the fundamental principle of democracy. That is why Bill C-4 is no good. It seeks to do away with this notion of democracy.

Let us also remember that union democracy is based on Canada's fundamental principles, and the best way to establish that democracy is to ensure accountability. On that note, I would like to mention another bill that will be killed by Bill C-4, and that is Bill C-525.

Bill C-525 sought to increase transparency and accountability. We believe that, when a union receives nearly $500 million in tax refunds, it needs to be accountable. That is not just peanuts. It is half a billion dollars. That is a lot of taxpayer money that is being given out in the form of tax refunds. That is why we believe that the salaries of executives, the way they manage their money, and the choices they make when it comes time to support political parties must be made public. However, Bill C-4 seeks to eliminate the transparency that we Conservatives think is critical.

My NDP colleague was saying that she organized and presided over a postal workers' union where all financial information was made available, but only to members. If that information is available to members, why not make it available to all Canadians, who contribute to unions through tax refunds? If that information is so public, why not make it really public? What do they have to hide? Making the information public would not bother anyone who did not have anything to hide. Why then are some members opposed to accountability and transparency?

That is why I am saying that Bill C-4 is a bad bill and that this is a bad day for democracy, because this legislation undermines the fundamental principles of democracy, accountability, and transparency.

When it comes to accountability, this government has a long way to go, and that is putting it mildly. Day after day, we discover situations that embarrass the government. It is not a good sign when the Minister of Health uses a limousine service and gives out contracts to a Liberal friend but only apologizes and promises to repay the bill after she is caught.

Over the past few days we have learned that the Prime Minister's advisors expensed $200,000 in moving costs. At first, the Liberals said that this is no big deal. Then, they said these expenses would be repaid. That is definitely proof that the Liberals are not very proud of their record on accountability. However, accountability is vital.

MPs file a quarterly expense report, which includes travel expenses. It is very public. Woe to anyone with an ineligible expense, because they will be taken to task very quickly. Clearly, these are fundamental principles that we all support. However, when the time comes to make unions accountable, the Liberals, and I assume the NDP as well, do not want to have anything to do with it. That is unfortunate. Democracy, accountability, and transparency are fundamental principles in this place, and they must also apply to labour organizations.

The truth, as everyone knows, is that the Liberals wanted to thank the big union bosses who helped them out so handsomely during the election campaign. Let us not forget that PSAC was prepared to spend $5 million in August alone to attack the former government before the writ was even dropped. The former prime minister had to call the election in August so that unions spending massive amounts of money to attack a political party—spending that was not approved by all union members—would not completely destabilize our democracy.

That is why we had the longest election campaign in history. Unions wanted to spend millions attacking one party without even getting their members' approval.

I know what I am talking about. In my Quebec City riding, which many federal and provincial employees call home, I met a woman who told me that she actively opposed her union's choice, that she strongly condemned it, and that she was not even given the right to vote on whether the union should spend the money. That is what has been happening. The unions spent millions helping the Liberal Party rise to power, so the party is thanking its union friends by introducing a bill that will destroy everything we did for democracy, accountability, and transparency.

Maybe the government could have paid more attention to what union members and even some union leaders are saying. Not everyone is comfortable with Bill C-4. In fact, some union leaders are very comfortable with the principles of transparency, democracy, and accountability. People have spoken out about this a number of times.

For example, PSAC's Robyn Benson said:

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.

That is not a Conservative or a right-wing group talking. That was Mr. Benson of the Public Service Alliance of Canada. I have other quotations, too.

Dick Heinen of the Christian Labour Association of Canada said:

We think that workers should have the right and be free to make their own choices when it comes to which union represents them or whether they want to be represented by a union at all.

Brendan Kooy, Christian Labour Association of Canada, said, “To be clear, CLAC would support a secret ballot vote where possible.”

Here is another quotation, this one from John Farrell, executive director of the Federally Regulated Employers, Transportation and Communications:

Members prefer a secret ballot vote to a card check system for the purpose of determining if a union is to become a certified bargaining agent for employees. A secret ballot vote is the essence of a true democratic choice and is entirely consistent with Canadian democratic principles.

I agree with him.

Also, Paul Moist, national president, Canadian Union of Public Employees, said, “Asking Canadians a question about voting — most Canadians, me included, would say voting is good.”

Chris Aylward, national executive vice-president and executive officer, Public Service Alliance of Canada, said that there was not issue with voting by secret ballot. He said:

But we're not sitting here saying that secret ballots are bad. As a matter of fact, in my submission I said that we have nothing against secret ballots. We use secret ballots at our own organization....So it's not that a secret ballot is now going to be imposed on employees and we're opposed to that. We're not.

It is hard to argue against a secret ballot vote as this is the basis of democracy.

Those are the foundations of democracy. Secret ballot voting is one of the foundations of democracy. Accountability is one of the foundations of democracy. Transparency in how union leaders spend union dues is one of the foundations of democracy. That is what we established, and that is what Bill C-4 seeks to destroy, specifically the foundations of democracy in the labour movement. That is troubling.

This is being done elsewhere. We did not invent anything new when we introduced this bill two or three years ago. On the contrary, we were inspired by what we saw being done elsewhere. Secret ballot voting exists in British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia. Why can it be done at the provincial level, but not federally? Does that mean that the people of British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia are against unions and against freedom of expression? Quite the contrary. If it can be done at the provincial level, why not at the federal level? So much for democracy.

The same goes when it comes to transparency and accountability. This exists in certain provinces, but also in certain countries such as the United States, the United Kingdom, Australia, Germany, and even France. If there is a country that leans more to the left than Canada, it is France. If there is a country that has been led by the left for years, it is France. If there is a country where unions are fully free to be active and have a very powerful presence in the economy and society, it is France. France has provisions to ensure transparency. Who are they to say that France would not be open to the unions when we know how powerful and strong the unions are in France? It is absolutely false.

I invite the government to look at what is is being done in Canada and in the provinces, as well as what is happening in countries that are more to left than we are, where unions are more powerful than ours and have room for transparency, accountability, and democracy.

There have been court challenges, which is absolutely legitimate in our system. People brought challenges before the courts over certain legislation that was adopted by the provinces. Look at what was said in Saskatchewan by the court of appeal that ruled on whether changes like those the Conservatives made two or three years ago should or should not be made to the employment legislation of that province.

Let us look at the statement made by Justice Richards of the Court of Appeal of Saskatchewan, who says on page 38:

...a secret ballot regime does no more than ensure that employees are able to make the choices they see as being best for themselves.

He also says, “The secret ballot, after all, is a hallmark of modern democracy.”

This is not coming from a Conservative, but from a judge of the Saskatchewan Court of Appeal. We know that Saskatchewan is not a right-wing province. Was it not in Saskatchewan that Canada's major social movements were born? Was it not in Saskatchewan that T. C. Douglas founded the party that would later become the NDP? Saskatchewan, which is not recognized as being the most right-wing province in Canada on the basis of its history, has acknowledged through an appeal court judge that the secret ballot is a good thing.

To summarize, Bill C-4 is not a good bill. It seeks to kill two bills that were duly debated and passed by the former Parliament, two private bills, which, for the Conservatives, are not backdoor bills, as touted by the minister and other Liberal members in such a mean, petty, aggressive, and haughty manner.

In our opinion, all bills are equal, starting with the bill Introduced by the Hon. Mauril Bélanger on the national anthem. It is exactly the same thing. It is not a backdoor bill, but a bill that was duly introduced by a member, a bill that came in the front door, and not the back door.

Unfortunately, Bill C-4 will likely soon be passed, even though it undermines principles that are fundamental to Canada and so important to Canadians. It undermines the principles of democracy. People should be allowed to vote by secret ballot rather than be asked to sign a sheet of paper. We want to protect the secret ballot. That is how everyone here was elected.

Bill C-4 seeks to attack a bill that would increase the transparency and accountability of unions. The government is sending the wrong signal to unions and all organizations because when it is time for accountability, they all need to do their part, to be accountable.

The bills that we passed under our government improved democracy, accountability, and transparency, while Bill C-4 undermines those principles. That is why today is a sad day for Canadian democracy.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, I will have the opportunity to make my case shortly, but for now, I want to pick up on something the minister said.

All we know is that Bill C-4 was tabled to kill two former bills that were adopted by the previous legislature, Bill C-377 and Bill C-525. The minister referred to those as “backdoor” bills. As far as I am concerned, every bill and every member is a front-door bill and a front-door member. There is no back door here.

I offer the hon. minister the opportunity to rise up and recognize that she has made a mistake. If she will not, would she rise up and recognize that the bill tabled a few weeks ago by the Hon. Mauril Bélanger concerning the national anthem was also a backdoor bill?

[MaryAnn Mihychuk, Liberal, Kildonan—St. Paul, MB]

moved that the bill be read the third time and passed.

Mr. Speaker, it is my pleasure to be here once again to speak to the House about this legislative package, which would help all Canadians, businesses, and workers. That is really the ultimate purpose of the bill, to reduce conflict and ensure that our economy will be working as harmoniously as possible so that we can create jobs and have a healthy, strong economy, which is what every single member of the House is working toward.

This is the final reading of Bill C-4.

Our relations with the labour movement are not based on conflict, and should not be. Rather, the solution and the best approach is collaboration. We believe in co-operation with the labour movement because it benefits all Canadians. This was a promise that our leader made last year during the election campaign and introduced through the legislation known as Bill C-4. We believe that our system of open negotiations serves in the interests of both the employer and the employee, as was clearly evident in the recent negotiations between Canada Post and CUPW.

The bill not only is a significant step forward, it also has a strong symbolic value. It sends the message that a partnership, rather than adversity, is now the basis of our relationship. Our government takes an approach to labour relations that is based on collaboration, respect, and engagement, not the Conservative approach. We believe in fairness and justice for Canadians.

Truth be told, the labour movement has been an essential building block for a stable and strong economy, which we have now in our country, as well as a fair and inclusive society. The labour movement provides a collective voice for workers in their negotiations with employers. Unions have had a historical concern for the interests of the middle class, whether they are members or not, and strive for fair wages for all workers. They have been instrumental, in fact they have been central, in the movement to achieve fairness for women in the workplace, for indigenous workers, for workers with disabilities, and for all workers across this land.

This is in harmony with our values and our thinking as a government. This is also in harmony with our values and thinking as Canadians. This is why we believe our labour laws should be balanced and fair. Why have we put so much effort into this piece of legislation? Simply stated, we wanted to restore fairness and balance in labour relations because it has been missing for the previous 10 years.

The objective of Bill C-4 is to repeal the legislative changes brought in by Bill C-377 and Bill C-525 and supported by the previous government and delivered via a backdoor, sneaky approach to governing. The situation is very straightforward. These two bills upset the balance that has been carefully maintained for years. They upset a balance that ensured fair treatment for employers and workers, and that served as a solid foundation for collective bargaining and for our economy.

I do not mind calling this what it is. Those bills were anti-union legislation, and we would now correct the state of affairs.

During the committee hearings, we heard from a number of key stakeholders who provided specifics about the serious flaws in Bill C-377 and Bill C-525. For example, we consider the fact that Bill C-377 forces labour organizations and labour trusts to provide very detailed financial information such as expenses, assets, debts, salaries of certain individuals, and other information to CRA. This private information would then be publicly available on that website.

They would also have to provide details on the time spent on political and lobbying activities, as well as any activities not directly related to labour relations. Thankfully, the Minister of National Revenue has already taken steps to suspend these obligations in 2016, while Parliament has been examining Bill C-4.

We must all understand that if this key financial information, including strike funds, were made public, these measures would put unions at a huge disadvantage, because employers are not required to publicly disclose similar financial information. It is totally unfair and unbalanced.

As well, Bill C-377 imposes a large financial and administrative burden on labour organizations and labour trusts, information that is not required from others. Why would unions be the only ones forced to comply with these requirements while other organizations, including professional organizations, would be exempt? Frankly, it is difficult to see how that legislation could actually benefit hard-working Canadians.

Some think that Bill C-377 was necessary to improve fiscal transparency. They say that it was necessary to guarantee public access to information. I fail to see the link between Bill C-377 and transparency. The rules contained in Bill C-377 are one-sided and discriminate against unions, and they upset the balance in labour relations. They add nothing to the current regime.

We already have legislation in place to ensure that unions are financially accountable to their members at both the federal and provincial levels. For example, section 110 of the Canada Labour Code requires unions and employer organizations to provide financial statements to their members upon request and free of charge. This is more than sufficient to ensure that both parties can negotiate in balanced conditions.

We knew from the onset that Bill C-377 was unnecessary and redundant. Not only does it disadvantage unions during collective bargaining, it is also an impediment to the bargaining process itself.

This brings me to Bill C-525. This bill has made changes to the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act, and affects how unions are certified and decertified. It replaces the previous card check system with a mandatory vote system, despite the fact that the traditional system worked well for decades and there was little pressure to change it. In fact, the Conservatives hide the evidence in a labour department report that showed the success of the card check approach. It is shameful.

Bill C-525 makes it harder for unions to be certified as collective bargaining agents and makes it easier for bargaining agents to be decertified. However, it is not just a problem for unions. Consider the implications to the Canada Industrial Relations Board and the Public Service Labour Relations and Employment Board. These boards are responsible for the full cost and logistic responsibilities involved in holding representation votes.

Under these changes, the Canada Industrial Relations Board is required to hold a vote to certify a union, not just in roughly 20% of the cases where less than a majority of workers have signed union cards but in all cases. That translates into roughly five times the board's current workload. Unions now have to obtain support from 40% of workers before a mandatory secret ballot vote can be held. That is a great way to ensure that the unionization process is as complicated as possible.

Perhaps more alarmingly, the changes would also mean that the process is more susceptible to employer interference. During our committee hearings, Dr. Sara Slinn, associate professor at York University's Osgoode Hall Law School, agreed.

She stated:

Employees require greater protection from employer interference under a vote system. These include access to expedited unfair labour practice procedures and more substantial interim remedies, but such necessary protections were not provided by Bill C-525.

It is evident that Bill C-525 does not represent a positive contribution to labour relations in Canada, not to mention that it is simply not necessary. The card check certification process that had been in place in the federal jurisdiction for decades worked well. We see no need to change that.

Bill C-4 represents the kind of positive contribution we want to see and that Canadians deserve. This action to repeal Bill C-377 and Bill C-525 is part of a larger effort to repair damaged relationships with those who are producing prosperity and quality of life for Canadians.

Our premise is simple on this side: we know that working people are not the enemy. We also know that a backdrop of conflict and mistrust cannot be productive for either side when it comes to reaching agreements.

I am not implying that all is perfectly smooth and that there are not points of contention between us and the labour movement. The point is that discussions must take place on a level playing field and in a setting of respect and transparency.

Canada watched as recent negotiations stalled between Canada Post and the Canadian Union of Postal Workers. We were asked if we would get involved and introduce back-to-work legislation. However, we did not go there. We respected the process, and alone, together, Canada Post and CUPW came to a tentative agreement.

We are also seeing this in provincial jurisdictions. Earlier this week, General Motors Canada and Unifor came to their own tentative agreement without any work stoppage.

Our conviction in the collective bargaining process is not misplaced. We are seeing real problems turn into real results through respect at all levels. When we give a little, we get a little.

We know that the labour movement deserves fairness from the federal government, and we have delivered in Bill C-4. This is only one of a number of initiatives we are undertaking to improve the workplace in this country, and we are just getting started.

Not only do we have a focus on fairness, but the fact is that in many respects, we have to get with the times. In this respect, we have pledged to amend the Canada Labour Code to allow workers the right to formally request flex work arrangements from their employers. This will help federally regulated workers balance their professional and personal responsibilities.

We are also working on reforms to facilitate flex parental leave, which will allow parents to create a plan that makes sense for their unique families and workplace circumstances as they expand their families. Both those initiatives are good for the middle class and good for our economy.

We are also putting forward many other measures that will benefit hard-working Canadians and their families. I hope that in both our actions and our words members can see that our government is committed to achieving real results for Canadians.

When it comes to dealings with the labour movement, I am the first to admit that we might not always agree on everything, but it is essential that our larger relationship be based on trust. Our rapport is built on the bedrock of common goals, goals like helping the middle class and those working hard to join it and creating good jobs for hard-working Canadians.

However, there is more to do on many other fronts, including ensuring fair and equitable conditions for workers and building a sustainable economy. Let me remind my hon. colleagues that we can only achieve these goals by having frank and honest discussions about the things that matter, by sticking to our values, and by never forgetting just who we are here to represent.

As I have said before, sound labour relations are essential for protecting the rights of Canadian workers and for helping the middle class grow and prosper.

I thank members for their time and attention and for the ability to put these comments on the record.

[David Graham, Liberal, Laurentides—Labelle, QC]

Madam Speaker, It is an honour to speak today to a bill that could affect the balance in labour relations in Canada. I am referring to Bill C-234, which would prevent employers governed by the Canada Labour Code to hire replacement workers in the event of a strike or lockout.

Although most labour relations in Canada are governed by the provinces, it is important to point out that part I of the Canada Labour Code governs labour relations in private workplaces under federal jurisdiction. It covers key industries in our economy, such as international and interprovincial rail and road transportation, air and marine transportation, and telecommunications. Certain crown corporations, such as Canada Post, are also governed by the Canada Labour Code.

The Code ensures that there is balance between the union's right to strike and the employer's right to try to continue operations during a work stoppage. The current Canada Labour Code provision already restricts the employer's use of replacement workers. Employers governed by the code cannot use replacement workers to undermine a union's representational capacity.

I want to point out that opinions on this matter have always been divided, with some people being very supportive of using replacement workers and others very much against it.

A few years ago, there was a full review of the code, and this provision was one of the ones added. At that time, it was viewed as an acceptable compromise between the employers governed by the code and the unions representing their employees.

Although I am sure the member who introduced Bill C-234 probably wanted to improve labour relations, it is important to understand that the bill could upset the balance of the rights and responsibilities of both unions and employers under the terms of the Canada Labour Code. I want to remind the members of the commitment we made to re-establish balance and fairness in labour relations with the groups covered by the code.

I want to emphasize right away that, given the scope of what is being proposed, such a measure must take into account the views of all stakeholders: employers, unions, the government, and even external stakeholders, such as universities and any others that might contribute in any way. This will require feedback from and the participation of anyone who could be affected by this measure.

With that in mind, we have already introduced important measures to correct the inequities created by Bill C-377 and Bill C-525, which upset that balance. Those bills had a serious impact on workers and unions in Canada. They put unions at a disadvantage, and we believe that those bills must be repealed.

Much like this bill, Bill C-234, Bill C-377 and Bill C-525 were private members' bills, so they were not subject to the rigorous consultation that should take place on such issues. We must not take the same approach on this issue.

The issue of replacement workers is too controversial, with employers and unions having opposing views. However, in the past, both labour and employer organizations have been highly critical of changes being made to federal labour relations legislation through private members' bills without prior consultation with stakeholders.

We believe in an open and transparent approach to labour relations, one that promotes stability.

In the past, this type of reform involved consultations with employers, unions, and the government. For example, in 1995, a task force held extensive public consultations on part I of the Canada Labour Code, which deals with industrial relations. These consultations were held with unions, employers, and government stakeholders, as well as with academics and other groups that wanted to have a say on the issue.

The task force's report, entitled “Seeking a Balance”, served as a framework for significant changes to part I of the Canada Labour Code, which came into effect in 1999. Consultation and engagement help ensure that our policies are evidence-based.

The development of fair, balanced, and evidence-based labour policies is essential for both workers and employers.

We therefore do not support Bill C-234 because it does not meet this country's standards of openness and transparency, and it upsets the balance in labour relations.

The employer-employee relationship is essential to our economy. Good working relations result in stability and predictability in the labour force, factors that fundamentally support our economy.

We must therefore ensure that labour policies are in the best interests of Canadians because, in this country, we have a long tradition of labour legislation and policy designed to promote the well-being of all by encouraging collective bargaining and dispute resolution for the common good.

We are committed to implementing a labour policy that is balanced and fair for all workers and employers governed by the Canada Labour Code.

That is the spirit of our position on this very important issue.

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, it is my privilege to rise today to support Bill C-234—I am sure my colleagues will not be surprised about that—sponsored by my colleague, the member for Jonquière. The last debate on this valuable amendment to the Canada Labour Code was fruitful. All members who spoke raised important questions about both the bill itself and its manner of introduction in the House.

Before I speak to the bill in question, if I may, I will respond to some of the objections we have heard. The Parliamentary Secretary to the Leader of the Government in the House of Commons expressed his distrust of New Democrats' motives. This was based on his experience in provincial politics and the NDP's own history of labour-related legislation. He claimed indirectly that this piece of legislation is part of “games that are played between the Conservatives and the NDP with respect to labour”.

I would like to remind him of the distinction between federal and provincial parties and agendas. I do not hold the federal Liberals responsible for the policies and decisions of their provincial counterparts. This attitude of suspicion really is not helpful for healthy debate and is corrosive, I think, to Canadian politics.

While I might not agree with the them, I respect all of my elected colleagues' opinions and I equally hold all of my colleagues to their word. This is part of good-faith discussions and negotiations, without which any bargaining process crumbles, whether in the House or over employment conditions.

My colleague from Louis-Saint-Laurent took a principled position in opposing the NDP's amendment, and while I respect his commitment, I am saddened by his party's continued insistence upon outdated economic theory that sacrifices actual and practical considerations. He said, “Let us not forget that striking workers can always go work somewhere else”.

Individuals are not, at their core, economic beings or economic robots that just uproot and abandon their communities, friends, places, and memories for only financial considerations; and the government should not treat them as such. This brand of economic thought is blind to the realities faced by many working Canadians and, insensitive to the demands of everyday life, was really at the heart of some the previous government's destructive economic policies.

In addition, I would call into question various statistics and citations used by the member for Louis-Saint-Laurent. First, we must all remember that correlation is not causality. The numbers are not, as the member stated, speaking for themselves, but rather, the member is speaking for the numbers.

Second, while he rightly pointed to the recommendations of the 1996 Sims commission, my colleague neglected to mention that the commission found that Quebec has managed without major difficulty since the general prohibition of replacement workers. He equally neglected to mention the minority opinion of commission member Rodrigue Blouin, who noted that there was neither consensus nor conclusive evidence for the recommendations. Blouin recognized that replacement workers undermine the fundamental principles of bargaining integrity. The member for Louis-Saint-Laurent did not acknowledge this. Nevertheless, I respect the member's position, his honesty, and his valuable respect for the equality of all members.

All members spoke to the balance that exists between employer and employee, thanks to the Canada Labour Code, and the threat of upending that balance. I commend my colleague from Regina—Lewvan for his excellent response to this criticism, which was not addressed in the subsequent debate, and I wish to return to this point later.

First, however, was the member for Cape Breton—Canso's argument for the need for a wide tripartite consultation process, instead of piecemeal changes through private members' bills. This process, through deliberation and study, would preserve the employer-employee balance.

My colleague's comparison of our amendment to labour law changes under the previous government is disingenuous. Bills C-377 and C-525, two bills given as examples, were introduced and shepherded through Parliament by the previous government, which held consultations in contempt and proactively stifled consensus-building discussion. Bill C-234 has been introduced the only way we know how.

The Canada Labour Code requires modernization. If the current government is willing to initiate this consultation process, I say, let us do it. The Liberals, however, will not do this.

We are nearing one year since the election. The government promised Canadians real change, and they have done better than the previous government, it is true. Of course, transparency and wide and thoughtful consultations are necessary to open government. The current government, however, is employing these consultations with partisan judiciousness, putting us in an awkward position.

Where was the broad discussion on arms sales to Saudi Arabia? Where are the consultations on Bill C-51, legislation that blatantly infringes upon charter rights and against which experts from coast to coast have been unified? In fact, where is any whisper that Bill C-51 is being put back on the table? How many more experts must speak out against Bill C-51 before the government acts?

In many cases, we have seen deliberate delay masquerading as thorough bipartisan concern. The government is willing to listen, it seems, only when it knows it will like what it hears. I should add that unlike my colleague from Winnipeg North, I am judging the government on its own track record.

I want now to return to the carefully crafted balance that my Liberal colleague spoke of previously. The phrase “sunny ways” we know was popularized by prime minister Laurier, a famous compromiser, yet we also know that Laurier's downfall was ushered in through some of the same compromises.

I strongly believe in compromises, in listening, negotiating, and thoughtfully coming to consensus, but on some issues, talk of balance is misleading. We cannot, for example, support aboriginal land claims and propose nation-to-nation dialogue, yet at the same time green-light pipeline development without consultation.

To say that we worked toward balance in this case is meaningless. We do not need to balance news coverage of climate change with deniers who ignore the science. Likewise, there is the idea that the current iteration of the Canada Labour Code balances, as the member for Cape Breton—Canso put it, “the union's right to strike with the employer's right to attempt to continue operating during a work stoppage”.

Management always has the upper hand in the current scenario, and Bill C-234 is merely trying to balance the playing field.

The carefully crafted balance the government claims exists at the moment between workers and employers under the Canada Labour Code appears to be the same as what exists between the opposition and the government here today. Management and the government will always have more resources at their disposal.

Furthermore, it is undeniable that the use of scab labour makes strikes more bitter, and sometimes violent. They also prolong the conflict. That does not really serve anyone.

As the eight-month-long strike at The Chronicle Herald newspaper in Halifax drags on, the Herald is losing subscribers and advertisers it may never get back. Workers are losing their regular paycheques and the work they so clearly love to do. Any readers that are left will have lost the quality paper of old.

Anti-scab legislation would help reduce days lost to work stoppages and would facilitate a quicker resolution to workplace disputes.

In Quebec, where anti-scab legislation has been in place since 1977, and in British Columbia, where a similar law has existed since 1993, days lost to strikes have actually decreased since these laws were enacted. These laws must be working, or subsequent governments would have moved to repeal them.

The bottom line is that nobody ever wants to go on strike, says Ingrid Bulmer, president of the Halifax Typographical Union, whose members are still on strike.

“When we went out, it wasn't because we want more, it was because management wants to take away so much. We are striking in self defense”.

She went on to say, “Strike pay is much less than what you are used to getting. If you live paycheck to paycheck it becomes a problem, and the company is using that as a weapon to bully us into surrendering. They have much deeper pockets than we do.... The balance is altogether tipped in the employer's favour”.

Bill C-234 will extend a ray of sunshine to Canadian workers under the Canada Labour Code. This legislation will restore good faith negotiations at the bargaining table, as both parties, employers and employees alike, will have something to lose by not coming to an agreement. This is not naive theory. This is a simple fact.

Economic Action Plan 2015 Act, No. 1

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, it is absolutely relevant and if the member stays tuned, he will find out why it is so relevant.

The legislation members are proposing, the opposite of this legislation, is trying to change ideas that came forward from the Conservative Harper government, that ultimately threw labour relations off balance. This is exactly what the New Democrats are proposing to do in the private member's bill. Like the Conservatives, they did not do their homework with respect to that private member's bill. There is a process which all of us should actually respect.

New Democrats would agree with me on the point that the labour legislation that the government has brought in, in many ways is repealing legislation that the Conservatives brought forward. We made reference, for example, to former private members' bills C-377 and C-525. Those were bills that, I would argue, were brought through the back door of the House of Commons through private member's where there was no due process, no real consultation that had taken place, but it met a political agenda. It was not sensitive in terms of the labour movement, in particular, but many different stakeholders were not properly or adequately surveyed and the question was not put to them.

It is the same thing with regard to both political parties. I believe we witnessed a new attitude toward the way in which government is treating labour laws and Canada's public service. All one needs to do is to take a look at some of the things we have done in a relatively short period of time.

Today we are talking about Bill C-5, which is a piece of legislation that would deal with a change that the former Conservative government brought in, in the form of an omnibus budget bill, where it changed sick leave requirements. There were no consultations. It was the government's position and it was interfering. It upset a great number of people.

When we were in opposition, we cited the reasons why we had a difficult time, let alone that the change was packaged in a budget bill. We believed, at the time, that it needed to be changed and voila, today we have Bill C-5. It is rectifying a mistake made by the Conservatives. I have made reference to the two private members' bills which dealt with issues such as the certification and other issues related to public disclosure. Again, we witnessed no consultation that actually had taken place. We had Bill C-4 and Bill C-7 brought in by this government in order to balance the scale.

I believe that this government has successfully portrayed that it is not only a government that wants to see a different attitude but has been very effective at implementing it. We hope things continue to go well with regard to Canada Post. I remember talking to postal carriers with respect to the former government, and saw an attitude of distrust in the government of the day in terms of having an arm's-length approach. That government was prepared to take certain actions even if it meant going against Canada Post workers. Our government brought forward legislation like Bill C-4 and Bill C-7 to deal with the issues of our RCMP, and allow collective bargaining in order to allow the RCMP to become unionized.

These are all very strong, positive measures that have been taken in a relatively short period of time. The morale of our civil servants is so very important. That is one of the reasons we are seeing that new shift in attitude, and we will see dividends coming from that.

I had an interesting discussion not that long ago with a constituent who was reflecting about how the morale is, in fact, changing within our civil service. They look to Bill C-5.

I see you are trying to stand up, Madam Speaker. I believe I will be allowed to continue when the debate next continues.