Economic Action Plan 2015 Act, No. 1

An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures

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

Sponsor

Joe Oliver  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

Part 1 implements income tax measures and related measures proposed or referenced in the April 21, 2015 budget. In particular, it
(a) reduces the required minimum amount that must be withdrawn annually from a registered retirement income fund, a variable benefit money purchase registered pension plan or a pooled registered pension plan;
(b) ensures that amounts received on account of the new critical injury benefit and the new family caregiver relief benefit under the Canadian Forces Members and Veterans Re-establishment and Compensation Act are exempt from income tax;
(c) decreases the small business tax rate and makes consequential adjustments to the dividend gross-up factor and dividend tax credit;
(d) increases the lifetime capital gains exemption to $1 million for qualified farm and fishing properties;
(e) introduces the home accessibility tax credit;
(f) extends, for one year, the mineral exploration tax credit for flow-through share investors;
(g) extends, for five years, the tax deferral regime that applies to patronage dividends paid to members by an eligible agricultural cooperative in the form of eligible shares;
(h) extends until the end of 2018 the temporary measure that allows certain family members to open a registered disability savings plan for an adult individual who might not be able to enter into a contract;
(i) permits certain foreign charitable foundations to be registered as qualified donees;
(j) increases the annual contribution limit for tax-free savings accounts to $10,000;
(k) creates a new quarterly remitter category for certain small new employers; and
(l) provides an accelerated capital cost allowance for investment in machinery and equipment used in manufacturing and processing.
Part 2 implements various measures for families.
Division 1 of Part 2 implements the income tax measures announced on October 30, 2014. It amends the Income Tax Act to increase the maximum annual amounts deductible for child care expenses, to repeal the child tax credit and to introduce the family tax cut credit that is modified to include transferred education-related amounts in the calculation of that credit as announced in the April 21, 2015 budget.
Division 2 of Part 2 amends the Universal Child Care Benefit Act to, effective January 1, 2015, enhance the universal child care benefit by providing $160 per month for children under six years of age and by providing a new benefit of $60 per month for children six years of age or older but under 18 years of age.
It also amends the Children’s Special Allowances Act to, effective January 1, 2015, increase the special allowance supplement for children under six years of age from $100 to $160 per month and introduce a special allowance supplement in the amount of $60 per month for children six years of age or older but under 18 years of age.
Part 3 enacts and amends several Acts in order to implement various measures.
Division 1 of Part 3 enacts the Federal Balanced Budget Act. That Act provides for certain measures that are to apply in the case of a projected or recorded deficit. It also provides for the appearance of the Minister of Finance before a House of Commons committee to explain the reasons for the deficit and present a plan for a return to balanced budgets.
Division 2 of Part 3 enacts the Prevention of Terrorist Travel Act in order to establish a mechanism to protect information in respect of judicial proceedings in relation to decisions made by the designated minister under the Canadian Passport Order to prevent the commission of a terrorism offence or for the purposes of the national security of Canada or a foreign country or state. It also makes a related amendment to the Canada Evidence Act.
Division 3 of Part 3 amends the Industrial Design Act, the Patent Act and the Trade-marks Act to, among other things, provide for extensions of time limits in unforeseen circumstances and provide the authority to make regulations respecting the correction of obvious errors. It also amends the Patent Act and the Trade-marks Act to protect communications between patent or trade-mark agents and their clients in the same way as communications that are subject to solicitor-client privilege.
Division 4 of Part 3 amends the Canada Labour Code to increase the maximum amount of compassionate care leave to 28 weeks and to extend to 52 weeks the period within which that leave may be taken. It also amends the Employment Insurance Act to, among other things, increase to 26 the maximum number of weeks of compassionate care benefits and to extend to 52 weeks the period within which those benefits may be paid.
Division 5 of Part 3 amends the Copyright Act to extend the term of copyright protection for a published sound recording and a performer’s performance fixed in a published sound recording from 50 years to 70 years after publication. However, the term is capped at 100 years after the first fixation of, respectively, the sound recording or the performer’s performance in a sound recording.
Division 6 of Part 3 amends the Export Development Act to add a development finance function to the current mandate of Export Development Canada (EDC), which will enable EDC to provide development financing and other forms of development support in a manner consistent with Canada’s international development priorities. The amendments also provide that the Minister for International Trade is to consult the Minister for International Development on matters related to EDC’s development finance function.
Division 7 of Part 3 amends the Canada Labour Code in order to, among other things, provide that Parts II and III of that Act apply to persons who are not employees but who perform for employers activities whose primary purpose is to enable those persons to acquire knowledge or experience, set out circumstances in which Part III of that Act does not apply to those persons and provide for regulations to be made to apply and adapt any provision of that Part to them.
Division 8 of Part 3 amends the Members of Parliament Retiring Allowances Act to, among other things, provide that the Chief Actuary is not permitted to distinguish between members of either House of Parliament when fixing contribution rates under that Act.
Division 9 of Part 3 amends the National Energy Board Act to extend the maximum duration of licences for the exportation of natural gas that are issued under that Act.
Division 10 of Part 3 amends the Parliament of Canada Act to establish an office to be called the Parliamentary Protective Service, which is to be responsible for all matters with respect to physical security throughout the parliamentary precinct and Parliament Hill and is to be under the responsibility of the Speaker of the Senate and the Speaker of the House of Commons. The Division provides that the Speakers of the two Houses of Parliament and the Minister of Public Safety and Emergency Preparedness must enter into an arrangement to have the Royal Canadian Mounted Police provide physical security services throughout that precinct and Parliament Hill. It also makes consequential amendments to other Acts.
Division 11 of Part 3 amends the definition “insured participant” in the Employment Insurance Act to extend eligibility for assistance under employment benefits under Part II of that Act, while providing that the definition as it reads before that Division comes into force may continue to apply for the purposes of an agreement with a government under section 63 of that Act that is entered into after that Division comes into force. It also contains transitional provisions and makes consequential amendments.
Division 12 of Part 3 amends the Canada Small Business Financing Act to modify the definition “small business” in order to increase the maximum amount of estimated gross annual revenue referred to in that definition. It also amends provisions of that Act that relate to eligibility criteria for borrowers for the purpose of financing the purchase or improvement of real property or immovables, in order to increase the maximum outstanding loan amount.
Division 13 of Part 3 amends the Personal Information Protection and Electronic Documents Act to extend the application of that Act to organizations set out in Schedule 4 in respect of personal information described in that Schedule.
Division 14 of Part 3 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to require the Financial Transactions and Reports Analysis Centre of Canada to disclose designated information to provincial securities regulators in certain circumstances.
Division 15 of Part 3 amends the Immigration and Refugee Protection Act to
(a) clarify and expand the application of certain provisions requiring the collection of biometric information so that those requirements apply not only to applications for a temporary resident visa, work permit or study permit but may also apply to other types of applications, claims and requests made under that Act that are specified in the regulations; and
(b) authorize the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness to administer that Act using electronic means, including by allowing the making of an automated decision and by requiring the making of an application, request or claim, the submitting of documents or the providing of information, using electronic means.
Division 16 of Part 3 amends the First Nations Fiscal Management Act to accelerate and streamline participation in the scheme established under that Act, reduce the regulatory burden on participating first nations and strengthen the confidence of capital markets and investors in respect of that scheme.
Division 17 of Part 3 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to
(a) add a purpose statement to that Act;
(b) improve the transition process of Canadian Forces members and veterans to civilian life by allowing the Minister of Veterans Affairs to make decisions in respect of applications made by those members for services, assistance and compensation under that Act before their release from the Canadian Forces and to provide members and veterans with information and guidance before and after their release;
(c) establish the retirement income security benefit to provide eligible veterans and survivors with a continued financial benefit after the age of 65 years;
(d) establish the critical injury benefit to provide eligible Canadian Forces members and veterans with lump-sum compensation for severe, sudden and traumatic injuries or acute diseases that are service related, regardless of whether they result in permanent disability; and
(e) establish the family caregiver relief benefit to provide eligible veterans who require a high level of ongoing care from an informal caregiver with an annual grant to recognize that caregiver’s support.
The Division also amends the Veterans Review and Appeal Board Act as a consequence of the establishment of the critical injury benefit.
Division 18 of Part 3 amends the Ending the Long-gun Registry Act to, among other things, provide that the Access to Information Act and the Privacy Act do not apply with respect to records and copies of records that are to be destroyed in accordance with the Ending the Long-gun Registry Act. The non-application of the Access to Information Act and the Privacy Act is retroactive to October 25, 2011, the day on which the Ending the Long-gun Registry Act was introduced into Parliament.
Division 19 of Part 3 amends the Trust and Loan Companies Act, the Bank Act, the Insurance Companies Act and the Cooperative Credit Associations Act to modernize, clarify and enhance the protection of prescribed supervisory information that relates to federally regulated financial institutions.
Division 20 of Part 3 authorizes the Treasury Board to establish and modify, despite the Public Service Labour Relations Act, terms and conditions of employment related to the sick leave of employees who are employed in the core public administration.
It also authorizes the Treasury Board to establish and modify, despite that Act, a short-term disability program, and it requires the Treasury Board to establish a committee to make joint recommendations regarding any modifications to that program.
Finally, it authorizes the Treasury Board to modify, despite that Act, the existing public service long-term disability programs in respect of the period during which employees are not entitled to receive benefits.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 15, 2015 Passed That the Bill be now read a third time and do pass.
June 15, 2015 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, because it: ( a) introduces income splitting and supersized Tax-Free Savings Account measures that will primarily benefit the wealthy few while wasting billions of dollars; ( b) does not introduce a $15 per hour minimum wage or create a universal, affordable childcare program, both of which would support the working and middle class families who actually need help; ( c) leaves Canadian interns without protections against excessive working hours, sexual harassment, and an unending cycle of unpaid work; ( d) sets a dangerous precedent for Canadians’ right to know by making retroactive changes to absolve the government of its role in potential violations of access-to-information laws; and ( e) attacks the right to free and fair collective bargaining for hundreds of thousands of Canadian workers.”.
June 10, 2015 Passed That Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 10, 2015 Passed That, in relation to Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
May 25, 2015 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
May 25, 2015 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give second reading to Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, because it: ( a) fails to support working- and middle-class families through the introduction of affordable childcare and a $15-per-hour federal minimum wage; ( b) imposes wasteful and unfair income-splitting measures which primarily benefit the wealthy and offer nothing to 85% of Canadian families; ( c) fails to protect interns against workplace sexual harassment or unreasonable hours of work; ( d) implements expanded Tax-Free Savings Account measures which benefit the wealthiest households while leaving major fiscal problems to our grandchildren; ( e) rolls a separate, stand-alone, and supportable piece of legislation concerning Canada’s veterans into an omnibus bill that contains vastly unrelated, unsupportable measures; and ( f) attacks the right to free and fair collective bargaining for hundreds of thousands of Canadian workers.”.
May 14, 2015 Passed That, in relation to Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures, not more than two further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the second day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

April 11th, 2024 / 11:40 a.m.
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Bloc

Gabriel Ste-Marie Bloc Joliette, QC

Can you repeat the changes you are proposing for Bill C‑59 with a view to further enhancing and supporting the industry?

April 18th, 2023 / 7:10 p.m.
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Jarislowsky Chair in Public Sector Management, University of Ottawa, As an Individual

Michael Wernick

When I was the clerk, I contributed to three bills, C‑22, C‑59 and C‑76. The investments provided in the 2018 budget are among the priorities I advocated. This is the budget that made it possible to establish the Canadian Centre for Cyber Security, the CCCS. It also provided for significant investments in the Communications Security Establishment, the CSE.

I worked on the elections protocol announced in January 2019. Interference was still a concern. And yet the government had tabled Bill C‑59 in June 2017.

April 30th, 2018 / 4:20 p.m.
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Assistant Deputy Minister, Compensation and Labour Relations Sector, Treasury Board Secretariat

Sandra Hassan

You're asking why at a certain point the Department of Finance decided to reverse the savings? If that is the question, the answer would be when the Liberal government committed to proposed legislation to repeal the Bill C-59.

April 30th, 2018 / 3:35 p.m.
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Kristel Henderson Acting Director, Corporate Labour Relations, Correctional Service of Canada

Mr. Chair and honourable members of the committee, I would like to thank you for this opportunity to speak to you today on behalf of the Correctional Service of Canada, CSC, regarding your study on Bill C-62.

My name is Kristel Henderson. I am Acting Director of Corporate Labour Relations at CSC. I am hopeful that I can provide the committee information on our workforce at CSC and our labour relations regime as it currently stands today, in order to provide some further context for your consideration of Bill C-62.

I will begin by providing an overview of the work that we do. CSC is responsible for administering sentences of two years or more in institutions of various security levels, and supervising offenders under conditional release.

On a typical day, CSC manages approximately 15,000 offenders within our 43 institutions across Canada, in addition to more than 8,500 offenders under supervision in the community.

As one of the largest departments in the public service, the Correctional Service of Canada employs approximately 18,000 staff members from across the country. Our organization's workforce includes correctional officers, parole officers, program delivery officers, health professionals, electricians, food services staff, and staff providing corporate and administrative functions at the local, regional, and national levels. Our employees work within institutions, parole offices, and administrative or headquarters areas in all 10 provinces and three territories. While some work mostly regular day jobs, others work shifts that entail long hours. Two occupational groups, for the most part exclusive to CSC, represent over half of all staff employed in operational units.

The correctional officer group, or CX group comprises 41.8% of staff while another 14.1% of staff are in the welfare programs, or WP category. This group includes parole and program officers who work in CSC institutions and in the community. The remainder of CSC's workforce reflects the variety of other skills required to operate institutions and community offices such as health professionals or corporate and administrative staff.

All staff work together to ensure that institutions operate in a secure and safe way and that offenders are effectively supervised on release, with specialized initiatives and approaches for indigenous offenders, offenders with mental health needs, and women offenders.

Our workforce and workplace directly impact the success of our operations and how we fulfil our mandate. Without a strong and professional workforce, and without a workplace conducive to its development and well-being, we would not be able to get these jobs done.

As this committee is aware, Bill C-62 would restore the public service labour relations regime that existed prior to the coming into force of certain budget implementation acts. These include those related to essential services in the resolution of collective bargaining disputes, along with the rights of bargaining agents to negotiate terms and conditions of employment related to sick leave and disability matters.

The provisions of the proposed bill support the return to the former negotiation approach to determining an organization's essential services profile. In that regard, CSC has always been committed to establishing a listing of essential positions, which promotes a profile that balances opportunities for active union involvement and manageable operational risk, and that is based on sustainable rationales.

Most positions located within our institutions and community offices continue to meet the definition of essential service in that they provide a service that is or will be at any time necessary for the safety or security of the public or a segment of the public. As a result, a re-examination of the proposed profile, where safety and security contributions can be managed through alternative approaches in the event of a strike, will be required to determine where we may be able to assume any additional degree of operational risk management. The amendments to the Federal Public Sector Labour Relations Act, as introduced by former Bill C-4, removed the choice of dispute resolution method for the core public administration and made conciliation the primary mechanism, except in cases where 80% or more of the positions in a bargaining unit are designated by the employer as essential.

Historically the dispute resolution method selected by bargaining agents active within CSC has been conciliation even when 100% of the positions within the bargaining unit have been deemed essential. It is expected that, should Bill C-62 come into force, bargaining agents would revert to their historical dispute resolution method. In addition, Bill C-62 also proposes to repeal a section of former Bill C-59, the implementing legislation of budget 2015.

Division 20 of part three of Bill C-59 authorized the Treasury Board to establish and modify terms and conditions of employment related to the sick leave and disability regime of employees, notwithstanding the provisions of the FPSLRA, but outside of the collective bargaining process. Those provisions came into force upon royal assent, although to date, they have not been implemented by the Treasury Board.

If enacted, Bill C-62 would allow consideration of the terms and conditions of employment related to the sick leave of CSC employees to be dealt with as part of the collective bargaining process.

Thank you for the opportunity to appear before you today, and I welcome your questions.

Thank you.

April 25th, 2018 / 4:30 p.m.
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Chris Aylward National Executive Vice-President, Public Service Alliance of Canada

Thank you, Mr. Chair, and thanks to the committee members for providing the Public Service Alliance of Canada this opportunity to meet with you on Bill C-62.

The Public Service Alliance of Canada represents over 130,000 federal public sector workers.

We welcome this bill that finally restores some of the balance to collective bargaining in the federal public service that was lost by the passage of the previous government's two bills, Bill C-4 and Bill C-59. Division 20 of Bill C-59 took away the collective bargaining rights of our members and other federal public service workers. It gave the government the unilateral right to amend the sick leave provisions of our collective agreements at any time. We do not consider it free collective bargaining when the employer has the legal power to impose a predetermined outcome.

Bill C-62 will also restore rights taken away through the changes that were made by division 17 of Bill C-4 of the Federal Public Sector Labour Relations Act. These changes placed fundamental restrictions on our members' collective bargaining rights, such as those affecting designation of essential services.

The Supreme Court of Canada has confirmed that the right to collective bargaining is a protected right under the Canadian Charter of Rights and Freedoms. In 2007, it ruled that freedom of association includes the right to collectively bargain. That freedom is also guaranteed by the Canadian Bill of Rights. When governments restrict the ability of employees to engage in good-faith negotiations, an important term and condition of their employment, they violate that freedom of association. Bill C-59 denied the right of employees to good-faith bargaining by giving the employer the unilateral authority to establish all terms and conditions related to sick leave, including establishing a short-term disability program and modifying the existing long-term disability program. Bill C-4 gave the employer the authority to override many provisions of the Public Service Labour Relations Act, including the statutory freeze provisions that maintain the status quo while the parties are engaged in collective bargaining.

While we welcome the repeal of these sections, Bill C-62 will also contravene the charter. In January 2015, the Supreme Court of Canada issued a ruling on the Saskatchewan Federation of Labour's challenge to the province's Public Service Essential Services Act. The court ruled that the right to strike is protected by subsection 2(d) of the charter. It held that the right to strike is an essential part of a meaningful collective bargaining process in the Canadian system of labour relations. That ruling directly affects wording of the Federal Public Sector Labour Relations Act that would be restored by Bill C-62. The Saskatchewan Public Service Essential Services Act contained language that allowed the government to avoid using management or non-union staff to provide essential services during a strike. The Supreme Court ruled that this act was unconstitutional because it violated employees' section 2 charter rights.

The court decision included an observation about this language by the original trial judge. He said that it enabled “managers and non-union administrators to avoid the inconvenience and pressure that would ordinarily” occur due to “a work stoppage”. He also said that it shouldn't matter if the qualified personnel available to provide the necessary services are managers or administrators. If anything, the language works at cross-purposes to making sure essential services are delivered during a work stoppage.

Bill C-62 would permit identical language to remain in the Federal Public Service Labour Relations Act. To remedy this, we ask the committee to propose an amendment to remove, from clause 9, proposed paragraphs 121(2)(a), 123(6)(a), and 127(6)(a). All three read as follows, “without regard to the availability of other persons to provide the essential service during a strike”.

The amendment to remove these proposed paragraphs is consistent with the 2015 Supreme Court decision. When both Bill C-4 and Bill C-59 were passed, PSAC filed constitutional challenges. In 2015, we, and other federal bargaining agents, also filed a motion for an injunction that would prevent the government from using its powers under Bill C-59's division 20 until after the constitutional challenge was heard on its merits.

That motion was scheduled to be heard in the fall of 2015 and then was pushed to March of the next year, in order to give the new government an opportunity to revise the previous government's position and provide instructions to counsel. At this time, both court proceedings are adjourned, pending repeal of the offending provisions that were contained in division 17 of Bill C-4 and division 20 of Bill C-59.

In July 2016, an interim agreement was reached between PSAC and Treasury Board that included measures to address concerns regarding choice of dispute resolution mechanisms, rules governing public interest commissions and arbitration boards, and essential service designations, among others. However, that was a temporary measure and we will soon be entering another round of bargaining for our members in the federal public sector. Our constitutional challenges will not be withdrawn, until such time as these sections of Bill C-4 and Bill C-59 are repealed and our members' rights restored.

I ask the committee to propose the removal of the unconstitutional sections of Bill C-62 and to expedite its passage.

Ms. Devine and I will be pleased to answer any questions you may have.

April 25th, 2018 / 4:15 p.m.
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Chris Roberts National Director, Social and Economic Policy Department, Canadian Labour Congress

Thank you very much, Chair.

Good afternoon, committee members. Thank you for the invitation to appear before you today.

On behalf of the three million members of the Canadian Labour Congress, I want to thank the committee for the opportunity to present our views on Bill C-62. The CLC brings together Canada's national and international unions, along with the provincial and territorial federations of labour, and over 100 labour councils from coast to coast to coast. Employees represented by affiliated unions of the CLC work in virtually all sectors of the Canadian economy, in all occupations, in all regions of the country, including the federal public service.

The Canadian Labour Congress supports the enactment of Bill C-62, although with the important amendment that I think my colleagues from the alliance are going to raise in just a moment.

We believe that restoring vital aspects of the federal public service labour relations framework to the status quo prior to the enactment of Bill C-4 in 2013, and Bill C-59 in 2015, will provide for more fair, balanced, and constructive labour relations in the federal public service. Bill C-62 will also establish a labour relations framework that is more consistent with the rights of Canadians enshrined in the Charter of Rights and Freedoms and the Government of Canada's obligations under international law.

Bill C-62 repeals many of the regressive changes to federal public service labour relations contained in divisions 17 and 18 of Bill C-4. Bill C-4 withdrew the ability of bargaining agents to select one of two methods of dispute resolution in the event of impasse: interest arbitration or conciliation/strike. The legislation imposed a default method of dispute resolution, conciliation/strike, without any compelling rationale or negotiation with federal unions.

At the same time, Bill C-4 gave the employer exclusive rights to determine what services are essential, and how many and which positions are required to deliver those services. The role of the bargaining agent was reduced to limited post hoc consultation, with no dispute resolution mechanism established to contest any of these designations.

The legislation also allowed the employer to require an employee, occupying a position designated as essential, to be available during off-duty hours to perform all duties assigned to that position. In other words, non-essential work would be performed during a strike.

Access to interest arbitration for bargaining units where the majority of workers were designated as essential was thus taken away. Arbitration would be available to the unions only where 80% or more of the positions of the bargaining unit had been designated by the government as essential.

The legislation also altered the factors to be considered by the arbitration board in making an arbitral award. From the original five factors to be considered by the board, Bill C-4 required the arbitration board to give preponderance to just two factors: one, the necessity of attracting competent persons to and retaining them in the public service in order to meet the needs of Canadians, and two, Canada's fiscal circumstances relative to its stated budgetary policies.

The second factor stifles a reasoned debate about the employer's fiscal circumstances and replaces it with the government's “desire to pay”, regardless of ability. In place of an evidence-based assessment of relevant economic factors and fiscal circumstances, the legislation effectively substituted the willingness of the government to compensate its employees at a certain level, and obliged arbitration boards to give preponderance to this factor and one other.

Finally, Bill C-59 granted the President of Treasury Board the ability to unilaterally impose a sickness and disability regime. Under Bill C-59, these fundamental terms and conditions of employment could be imposed rather than negotiated as they historically had been.

In conclusion, the CLC supports Bill C-62 with an important amendment that's about to be discussed, and the promotion of good-faith collective bargaining and respectful dialogue with public service employees. I want to emphasize that consulting and negotiating with public service bargaining agents, promoting mental health and providing support for workers, and investing in a workplace culture of fairness and respect pays off in high-quality services and lower costs to government and all Canadians.

A highly productive and motivated public service is one in which employees are supported, included, engaged, and recognized at work. Vilifying public service workers, undermining employee rights, and failing to invest in healthy workplaces represents a false economy, in my view. It leads to higher costs to government and Canadians in the form of low employee morale, a higher incidence and severity of depression and poor health, and lower levels of productivity, not to mention higher operational costs and elevated litigation risk to government.

Finally, the CLC believes that changes to labour laws must be conducted in a tripartite context, with ample study, consultation, and deliberation of the evidence, and an integral role for unions.

I want to close by echoing my colleagues' criticisms of PSECA and that egregious legislation, and also indicate the CLC support for repealing that legislation as soon as possible.

Thank you for your time, and I'd welcome any questions you have.

April 25th, 2018 / 4:10 p.m.
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Greg Phillips President, Canadian Association of Professional Employees

Honourable members of Parliament, we would like to thank the members of the committee for inviting us to appear, so that we are able to provide our opinion about Bill C-62.

My name is Greg Phillips, and I am President of the Canadian Association of Professional Employees, or CAPE. CAPE represents some 14,000 public service employees. The large majority of our members are economists and social science workers who advise the government on public policy. We also represent the translators and interpreters who work every day to preserve and promote our nation's linguistic duality. Last but not least, we also have the great honour of representing the 90 analysts and research assistants employed by the Library of Parliament.

Accompanying me here today is Peter Engelmann, a partner with the law firm of Goldblatt Partners, who has a great deal of experience in labour law and constitutional law, particularly in the context of the federal public sector.

I want to start by saying that CAPE is very pleased that the government is finally taking steps to repeal Bills C-4 and C-59, the blatantly anti-union legislation that was passed by the former government. While it has taken far too long for the government to make good on the promises that were made even before the 2015 election, CAPE looks forward to seeing this bill go through the legislative process as quickly as possible in order to help restore the balance in labour relations in the federal public sector.

As you are no doubt aware, under the guise of modernizing labour relations, the former Conservative government attacked the collective bargaining rights of federal public servants on a number of levels. Bill C-4 came first and was problematic in many respects. It provided the government with undue leverage in the collective bargaining system in everything from the negotiation of essential services agreements to public service recourse procedures.

However, from CAPE's perspective, the most egregious changes were to the dispute resolution process. In particular, Bill C-4 took away the rights of our bargaining agents to choose between the arbitration or conciliation/strike routes as a process for resolving collective bargaining disputes.

In CAPE's case, it took away the right to arbitration, a process that had always worked well for CAPE and its members, and pushed them into the conciliation/strike route. In addition, the government even compromised the arbitration and conciliation processes by imposing new factors that arbitrators and conciliators had to consider when making a recommendation or award.

Bill C-59 took matters a step further and permitted the government to fundamentally change the long-standing and hard-fought sick leave and disability programs of public servants. Most disturbingly, it gave the government power to do so unilaterally, bypassing the bargaining process altogether. CAPE, along with many other federal public sector unions, felt that this legislation denied its members their fundamental rights under section 2(d) of the charter in that it did not allow for meaningful collective bargaining with regard to these key workplace issues. Therefore, CAPE actively participated in a case before the Ontario courts, which challenged the constitutionality of that legislation. Following the important decision of the Supreme Court of Canada in the Saskatchewan Federation of Labour case in 2015, CAPE is confident that this charter challenge would have been successful in overturning Bill C-59 and likewise Bill C-4.

Needless to say, these changes to the labour relations scheme by the former government led to a combative and unproductive labour relations environment in the federal public service. This has been problematic not just for the members of bargaining agents such as CAPE, but for everyone who works in the federal public service. As noted at the outset, CAPE believes that it has taken far too long for the government to take these straightforward steps to turn back the clock to the labour relations system that was in place before C-4 and C-59.

The lengthy delay of over two and a half years since the election has unnecessarily prolonged this adversarial environment. CAPE is also disappointed that the bill fails to address some of the problems that have plagued the federal public service labour relations regime since even before Bills C-4 and C-59, such as the lengthy delays in getting cases to adjudication. This would have been an excellent opportunity for the government to tackle this important access to justice issue.

On a more positive note, it appears that this bill undoes virtually all the difficulties created by Bills C-4 and C-59. CAPE looks forward to returning to a labour relations system that is not perfect but is much more balanced and fair.

CAPE also notes that while Bill C-62 is amending the Public Sector Equitable Compensation Act, it is only a housekeeping provision to restore the procedures applicable to arbitration and conciliation that existed before December 31, 2013.

CAPE is disappointed that the government is not seizing on this opportunity to fulfill its commitment to completely repeal PSECA and to move forward with a proactive pay equity scheme immediately.

PSECA is a regressive piece of legislation that is a major step backward from the concept of equal pay for work of equal value, and it significantly interferes with the rights of federal public-sector employees by denying them human rights procedures for systemic gender discrimination in pay. CAPE is concerned that this will be another instance where there are unacceptable delays, which will prejudice its members, and we call on the government to take concrete steps as soon as possible.

Thank you for listening.

April 23rd, 2018 / 3:40 p.m.
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Conservative

Steven Blaney Conservative Bellechasse—Les Etchemins—Lévis, QC

Mr. Minister, I do not have a lot of time available.

Actually, you have increased taxes on the middle class. What I want to know is the increase in the number of public servants last year.

It is an important question. In 2015, the previous government’s Bill C-59 forecast savings of $900 million. Now, by giving out benefits, your bill has wiped out those savings. My question is important because, not only are we going to lose those savings of $900 million, but you are also hiring new public servants. Are we coming close to $1 billion in losses with the measures that you are proposing to us?

So my question is simple: how many new public servants were hired last year, please?

April 23rd, 2018 / 3:30 p.m.
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Kings—Hants Nova Scotia

Liberal

Scott Brison LiberalPresident of the Treasury Board

Thank you, Mr. Chair and committee members. I am very pleased to appear before your committee.

I'm pleased to be joined here today by Sandra Hassan, Drew Heavens, and Dennis Duggan from Treasury Board Secretariat.

Our government is committed to restoring fair and balanced public sector labour laws that respect the collective bargaining process, laws that recognize the important role unions play in protecting the rights of workers and helping grow the middle class.

I would like to talk to you today about how BillC-62 helps fulfills these commitments.

Bill C-62 combines Bill C-5 and C-34 that were introduced previously. Bill C-5, which was introduced by our government, dealt with public service sick leave, while Bill C-34 dealt with collective bargaining and essential services.

Combining these two bills into one, as we have, simply incorporates the adjustments necessary to combine the two sets of proposals into one piece of legislation moving forward. Broadly, the objectives of both are shared and related. Combining the bills makes sense. Both are amending the same act and both are related to restoring the balance to the public sector labour relations regime.

I'm going to begin with the changes to sick leave introduced as part of the Conservative omnibus legislation Budget Implementation Act 2015. Division 20 of the Economic Action Plan Act 2015, number one, known at the time as Bill C-59, provided the Treasury Board with the authority to establish and modify terms and conditions of employment related to sick leave of employees, impose a short-term disability plan outside of collective bargaining, and modify the long-term disability programs in the core public administration.

In short, the changes took the issue of sick leave off the negotiating table and gave the government the power to unilaterally impose a plan of its choosing. The bargaining agents for many of the public service unions rightly opposed this legislation, which was drafted without consultation with the public service. In June 2015, 12 of 15 federal unions joined together to file a legal challenge of these provisions, arguing against their constitutionality.

Bill C-62 will eliminate those powers and will show our respect for the collective bargaining process.

Our government knows that the unions play an important role, not only in protecting the rights of the workers, but also in strengthening the middle class.

Again, that is why we committed to not exercise the powers and to repeal the legislation.

I'd like to turn to the issues of essential services, collective bargaining, and dispute resolution. Bill C-62 would repeal the most contentious changes made in 2013 to the Federal Public Sector Labour Relations Act. I'm referring to changes that would allow the employer to unilaterally designate essential services, remove bargaining agents' choice when it comes to the conflict resolution process, and impose new factors that arbitrators must consider when making a recommendation or an award.

It's worth recalling that several unions have gone as far as to file charter challenges against the provisions passed in 2013, and we have every reason to believe that these challenges would have succeeded in the courts, in large part because of the experience in Saskatchewan. Back in 2008, the Saskatchewan government introduced changes similar to those found in the omnibus bill that was passed in 2013. They were successfully challenged by the Saskatchewan Federation of Labour before the Supreme Court.

Let me outline the details of the key changes our government is proposing. First, the notice to bargain would be amended to return to a four-month notice period, although the parties may still meet earlier to bargain. Second, bargaining agents would be given the choice to determine which dispute process they wished to use should the parties reach an impasse in the bargaining. Third, when making awards or recommendations, public interest commissions and arbitration boards would have the flexibility to weigh the most important factors in the circumstances before them. They would no longer be forced to give undue weight to certain factors if the circumstances didn't justify it. Fourth, the employer would no longer have the unilateral right to arbitrarily determine which services are essential for the safety and security of the public and to designate the positions necessary to deliver those services. The employer would work with public sector bargaining agents to identify essential service positions and would enter into essential services agreements with them. So the determination would occur as a result of discussion with public sector unions. Finally, Bill C-62 repeals some of the changes made to recourse processes, even though these were never implemented, because they were to be brought into force at a later date.

Mr. Chair, and committee members, our government is committed to restoring a culture of respect for and within the public service, and to respecting the collective bargaining process. When we took office in 2015, all the collective bargaining agreements with public servants had in fact expired. Some of them had been expired for four years. We made it clear that we would work collaboratively with public servants and that we would negotiate in good faith. After two years of respectful negotiations, we have reached 23 of 27 agreements. That means, I believe, that more than 94% of unionized public servants for which Treasury Board is the employer now have collective bargaining agreements in place. It's worth noting that with most of the agreements, including an undertaking to develop an integrated approach to the management of employee wellness, our collaborative approach is achieving results. It's an approach that embodies the values of fairness and justice that make Canada the country it is today. We have a world-class public service in Canada, and one that is recognized as such in terms of its effectiveness and its professionalism

Bill C-62 affirms the values of treating our public service with respect and in partnership by understanding and responding to the need for fair and balanced labour laws in Canada.

I want to thank members of the committee for their attention. I look forward to your questions and to engaging with this committee.

Thank you very much.

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 1:15 p.m.
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NDP

Scott Duvall NDP Hamilton Mountain, ON

Madam Speaker, I rise today to speak to Bill C-62, an act to amend the Federal Public Sector Labour Relations Act and other acts. I have heard some good feedback on this.

What struck me this morning were some of the statements made by the member for Louis-Saint-Laurent. He is a good friend. I really respect the person, but obviously, we have different ideas. He made statements about union bosses and union leaders and about the Liberals just saying “thank you” because some of the unions were putting money in and campaigning against the Conservatives in the last election. I want to say that I totally disagree with that. The unions were campaigning against the Conservatives, yes, but they were also supporting anyone who could beat the Conservatives, and that was because they have a very bad reputation for taking away gains from labour that people have fought for all their lives, and they wanted to make sure that those people never got back in power until they got their act together and started to respect what labour could do.

We are pleased that the government is finally moving forward to repeal legislation based purely on a backward ideology that forces public servants to go to work sick and that totally undermines the principle of collective bargaining. We have to ask what took the Liberals so long to bring this bill forward. What took them so long to act? Of course, this is a question many Canadians are asking more and more often about the current government. Why are the Liberals not keeping the promises they made during the election, and why are they so slow to act or are not acting at all?

The list of broken promises is far too long to list in the time I have today, but we all know about the Liberals' failure to support electoral reform, their failure to restore door-to-door postal delivery, and the failure to keep the promise to make government more transparent. We also know about their failure to support pay equity legislation, anti-scab legislation, and measures to increase retirement security. One of their most shameful failures is the unwillingness to protect workers' pensions.

We have heard over and over again expressions of sympathy from the Prime Minister and his Minister of Innovation, Science and Economic Development for Canadian workers, like those at Sears Canada who have lost severance and termination pay and health care and life insurance benefits. They now face reduced pension benefits.

Canadians need and expect more than their sympathy and their shallow talking points. They need action. They need the government to change Canada's inadequate bankruptcy and solvency laws. We have shown the Liberals how this can be achieved, but still the government fails to act or move to protect millions of vulnerable Canadians. As my friend from Timmins—James Bay is fond of asking, when is the government going to put the protection of Canadian pensions ahead of Bay Street profits? It is a very good question and a question millions of Canadians would like to know the answer to.

Let me come back to Bill C-62. New Democrats want to undo Harper's anti-labour legacy and build a fair framework for collective bargaining. We welcome the introduction of Bill C-62, which would formally put an end to measures introduced by the former government. We know that the government Bill C-5 and Bill C-34, both introduced last year, have been languishing on the Order Paper since their introduction. We hope that their being amalgamated into Bill C-62 means that the government is finally ready to move forward.

Bill C-62 would reverse the attacks by the former Conservative government on the collective bargaining rights of federal public service employees, and it should be passed without delay. This bill would repeal the power given to the government to remove sick leave from federal public service collective agreements so that it could be changed unilaterally, outside of the bargaining process. The bill would also restore some of the changes to the Federal Public Sector Labour Relations Act affecting collective bargaining, which the Conservatives had included in one of their budget implementation bills in 2013, such as those affecting the designation of essential services. New Democrats rallied against the Conservatives' agenda to curtail public service workers' right to strike. The Federal Public Sector Labour Relations Act was amended in December 2013 to remove the choice of dispute resolution being available to essential services.

In our 2015 platform, we promised Canadians we would stand up for public sector workers in light of the lost decade of Harper's union abuse. Supporting this bill makes good on that promise. A respectful relationship with the public service starts with safeguards to free and fair collective bargaining, not stacking the deck in favour of the employer.

Bill C-62 is aimed at repealing two blatantly anti-labour pieces of legislation introduced by the former Harper government: division 20 of Bill C-59 and Bill C-4. The first of these sought to unilaterally impose an inferior disability and sick leave management system on public servants, which was an unwarranted and significant attack on the rights of public service workers.

Bill C-4 would have drastically changed the rules for collective bargaining within the public service, giving the government full control over union rights, such as the right to strike and the right to arbitration. The government would have also determined what positions would be considered essential.

A key provision in the collective agreements of public service workers is sick leave, which allows full-time workers 15 days per year of leave for use in case of illness or injury. The previous Conservative government was determined to unilaterally change this provision by reducing the number of sick days from 15 to 6, eliminating banked sick days, and imposing a short-term disability plan for federal public servants.

The previous government claimed this change would have saved $900 million, despite evidence to the contrary. According to the 2014 parliamentary budget officer's report, “the incremental cost of paid sick leave was not fiscally material and did not represent material costs for departments in the core public administration.” That means most employees who call in sick are not replaced, resulting in no incremental costs to departments.

Under the Conservative legislation, workers would have been forced to choose between going to work sick or losing pay for basic necessities. Its legislation would eliminate all accumulated sick leave for public servants, reduce the amount of annual sick leave to 37.5 hours per year, subject to the absolute discretion of the employer, and institute a seven-day waiting period without pay before people could access short-term disability benefits.

I want to comment that, because I come from a union background. I served the union for 36 years. We had that seven-day waiting period also, and we made great gains. We proved to the company that having a waiting period of seven days would bring in workers who were sick, causing other workers to be sick, which actually caused a downturn in production because there were not have enough workers on the job to produce the machinery. Therefore, doing that was a step backward.

Both the NDP and the Liberals committed to reversing the changes during the last election. Bill C-62 would repeal the offending legislation, thus restoring sick leave provisions to public servants for the time being.

Bill C-62 would also revoke some of the more offensive Conservative legislation, including: giving government, as the employer, the right to unilaterally define essential services instead of negotiating an essential services agreement with the bargaining agent; undermining the right to strike by making it illegal to strike if at least 80% of the positions in a bargaining unit provide essential services, as defined by the employer; removing the bargaining agent's right to choose arbitration as a means of resolving collective bargaining disputes, making conciliation the default process, and undermining the workers in cases where the employer consents to arbitration by requiring arbitrators to give priority to Canada's fiscal circumstances relative to its stated budgetary policies. It also removed discrimination-based complaints by public servants from the jurisdiction of the Canadian Human Rights Commission. That to me is a shame.

While we fully support Bill C-62, we also know there is more to be done to dismantle the Harper government's legacy of anti-labour legislation. Some of those measures include restoring the Canada Labour Code provisions pertaining to the rights of Canadians to refuse dangerous work. That was gutted by the Harper government, a right that everybody wants when they go into a workplace. Too many deaths have happened, and it should not be determined by the employer. The Fair Wages and Hours of Labour Act should be reinstated, bringing forward pay equity legislation, as well as the federal minimum wage, bringing Bill C-7 back to the House of Commons, and respecting the right of RCMP members to associate and bargain collectively.

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 1:10 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, perhaps I will stay along the lines of the question I asked the previous speaker from his party, and it is specifically with respect to the previous Conservative government's approach to shunning the ability of unions to properly represent themselves, or more specifically, how Bill C-59 sought to eliminate the ability to bank sick days in the work environment. To add insult to injury, that government went one step further by including that decreased liability in its 2015 budget. Before the bill had even been passed, the Conservatives were already banking on the savings.

Is that a fair way to treat employees? Is that a fair way to operate in good faith with unions and our public service?

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 12:50 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I appreciate my colleague's intervention today and, more specifically, his support of this piece of legislation because I agree with him that it is the right thing to do.

One of the really disconcerting parts of the previous legislation, Bill C-59 that was introduced by the previous Conservative government, was the fact that it stripped away the ability for federal employees to retain their sick days. Not only did it do that, but it then went ahead and took the liability that was associated with that and banked it against the 2015 budget before Bill C-59 had even passed.

I am wondering if the member opposite can comment as to whether he thinks that is a fair way to be treating employees, through a collective process where we seek to gain a mutual respect with employees and their unions.

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 12:40 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, it is a privilege to stand in the House today and speak to Bill C-62, an act to amend the Federal Public Sector Labour Relations Act and other acts. This legislation and the subject matter with which it deals is not only important to me as a parliamentarian and a legislator, but also professionally. I was fortunate enough to spend 16 years working as director of legal resources for Teamsters Union Local 31, where I represented workers and the union in all facets of labour relations and human resources. I am well aware of the very strong need to have fair and balanced labour legislation in this country.

To that end, New Democrats are very pleased to see this legislation introduced and will be supporting the government as it moves the legislation through the House. As with all pieces of legislation from the Liberals, it is not exactly what we would like to see and it does not go quite far enough, but it definitely goes a large distance in re-establishing that balance in Canadian labour law that Canadians by a large majority want to see.

Specifically, Bill C-62 is aimed at repealing two blatantly anti-labour pieces of legislation that were introduced by the former Harper government. That was division 20 of Bill C-59 and Bill C-4. The first of these, the former Bill C-59, sought to unilaterally impose an inferior disability and sick leave management system on public servants, an unwarranted, unjustified, and significant attack on the rights of public sector workers to freely and collectively bargain their benefits. Bill C-4 would have drastically changed the rules for collective bargaining within the public service, giving the government full control over union rights such as the right to strike and the right to arbitration. The government would have also determined what positions would be considered essential, again, unilaterally.

The New Democrats fought vigorously against the government's attempt to introduce that legislation in the previous Parliament and we have fought vigorously in this Parliament to repeal the Conservatives' move to take those regressive steps.

To examine these provisions in a bit more detail, a key provision in the collective agreement of any worker, and in particular public service workers, is sick leave, which allows full-time workers, in the case of the public sector, 15 days per year of leave for use in case of illness or injury. The previous Conservative government was determined to unilaterally change that provision regardless of the wishes or desires of the majority of employees whose benefit it was, by reducing the number of sick days from 15 to six; eliminating entirely all accumulated banked sick days, in other words, wiping out accumulated benefits that public servants had accumulated for years; and imposing a short-term disability plan for federal public servants.

I pause here to say that many people in workplaces in Canada do have short-term disability plans. Others have accumulated sick days and each of those systems has its pros and cons. The point, however, is that in a unionized environment the way to come to a determination about what those benefits are is through collective bargaining. It is the employer and the union sitting at a table engaging in free collective bargaining and doing the inevitable trade-offs so that they come to a negotiated settlement. It is not by one side, in this case the employer, bringing down the unilateral hammer to impose its will on the other side regardless of the wishes or interests of the other side, but that is what the Conservatives did in the last Parliament.

The previous government also claimed that this change would save $900 million despite evidence to the contrary. According to the 2014 parliamentary budget officer:

...the incremental cost of paid sick leave was not fiscally material and did not represent material costs for departments in the [core public administration].

In practice, of course, the PBO found that most employees who call in sick are not replaced, resulting in no incremental cost to departments. The punitive reason given by the previous Conservative government, that it would save money, once examined by an independent officer of Parliament, was found to be completely unsubstantiated.

I am going to pause here and just say there is something else the previous Conservative government said would save about that same amount of money, and that was the introduction of the Phoenix pay system. The Conservative government laid off, I think it was approximately 800 or 900 payroll workers across this country in the federal civil service, and instead bought a computer program that was developed by an outside private contractor. It then concentrated a much smaller workforce in New Brunswick to handle payroll issues for the entire country.

At that time the Conservatives, with their ideological mantra of privatization and smaller government said we would save money. How did that work out? Here we are, three or four years later, and the federal public payroll system is in utter chaos. Hundreds of thousands of public servants have had errors in their pay, have not been paid at all, or have been overpaid. Any time a federal public servant changes their status, whether they move up a category to fill in for someone on a temporary basis or to take a promotion, their pay inevitably gets completely confused.

We now know that it will cost somewhere in the billions of dollars to repair this colossal, irresponsible undertaking. Conservatives always try to convince the Canadian public that they are best managers of the public purse. I hope Canadians remember this. Here are examples where the Conservatives made moves, punitively, to save money that ended up costing taxpayers billions of dollars and implementing decisions that actually made the situation worse.

I am going to pause here for a moment. I want to talk a little about unionization. My friends on the Liberal side of the House are standing up and strenuously advocating for the right to unionize. I heard my friends in the Conservative Party asking what stops anybody. In this country, what stops people from unionizing is the law.

It is currently the law in Canada that employees who work on Parliament Hill are prohibited from unionizing, by law. There are certain groups that have always been prohibited from being certified at labour boards, people like articling students in law firms, interns in hospitals, and other groups. However, on the Hill, successive Liberal and Conservative governments, for decades and decades, have made it impossible for MPs' own staff to unionize.

When Canadians watch this and see Liberal and Conservative MPs stand up and say that they believe in unionization and the right to free collective bargaining, one might ask why they do not believe in that right for their own employees.

The New Democrats, in contrast, have recognized this right by voluntarily recognizing a union to represent the employees of members of Parliament here, and have done for decades. We have signed successive collective agreements that give superior wages, superior benefits, superior job force protections, and safer workplaces, because New Democrats have voluntarily extended the benefits of unionization to our staff.

I say it is time for the Liberals and Conservatives to jump into the 21st century. I call on them to repeal that law that prohibits their own employees from applying to a labour relations board and being certified.

I also want to talk generally and philosophically about different approaches to our economy, and where workers and legislation like this may fit in. It has been my experience, and it is my assertion, that the best performing economies in the world have three features. They have strong, responsible governments, strong business communities, and strong labour movements. All three of those factors come into play and I believe are key foundational elements of not only strong economies but just societies.

One only has to think of countries like Norway, Sweden, Germany, or any of the European countries that, year after year, top all metrics and measures of happiness and prosperity. When we look at what the core features of those countries are, it is always those three features: a strong democratic government, strong business communities that are innovative, and strong labour movements whose rights are respected. That is why this legislation, which seeks to undo some of the most egregious anti-labour and anti-union initiatives of the previous Harper government, is so timely and overdue.

I want to talk a bit about what this legislation would do for essential services. I think everybody recognizes that there are some jobs in society that are just so essential to the safety of the public or the functioning of our society that we accept there are some limitations put on the right to strike. However, the mechanism of determining who those people are and in what numbers is left to negotiation between the parties and, ultimately, to an independent third-party arbitrator at a labour board if there is disagreement. What the Harper government did, and what this legislation seeks to change, is that it allowed the employer to unilaterally determine who is essential and in what numbers, again tilting the balance of the management-labour relationship completely in favour of the employer and upsetting years and years of established labour tradition and law in this country.

This legislation would also fix a problem where the previous legislation sought to undermine workers by limiting the opportunity for unions to refer differences and collective agreement disputes to arbitration for ultimate resolution. All in all, I am pleased to see this legislation come forward. I am pleased to see legislation that, once again, puts some respect back into the public service so that the federal government, of whatever stripe, Liberal, Conservative, New Democrat, Green, it does not matter, is compelled to treat the civil servants of this country in a manner that is fair and respectful.

Many features go into a democracy. It is not just about putting a piece of paper in a ballot box every four years. There needs to be an independent judiciary, a non-corrupt police force, a free and diverse media, an informed electorate, and a professional civil service. The civil servants of this country perform an invaluable service, not only to the people of this country and the taxpayers who pay their bills, in delivering the services that people need, but they play an integral role in upholding our democracy, because governments come and go but the civil service stays. It is its job to professionally serve the government of the day and faithfully administer and execute the policies that the government, which is democratically elected in our country, may choose. Therefore, treating those employees with the upmost respect, respecting them as workers, respecting their ability to engage in normative collective bargaining in this country, is a principle that must always be respected, and this legislation would do that.

I congratulate the government for bringing it forward and New Democrats will support it wholeheartedly.

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 12:20 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I listened to my colleague's intervention, and there was little substance that had to do with the issue at hand. In fact, this morning, all we have been hearing about from the other side of the House is Phoenix. We know the reality of the situation is that the previous Conservative government fired 700 compensation advisers whose direct jobs were responsible for what Phoenix was overtaking. It is like leading me to the front door of a house that is burning behind me and saying that I can always go back in if I want, but that is literally impossible because we are too far down the road.

Let us talk about the actual legislation, because that is clearly what the other side is avoiding. Bill C-62 specifically seeks to make changes to Bill C-59, introduced by the previous government, which had to do with removing a federal employee's ability to bank sick days. To make matters even worse, before that bill was even passed, they put it into the budget for 2015 as a decreased liability.

I want to ask the member across the way if she thinks that is a responsible and fair way to be negotiating and working with our federal employees and their unions.

Federal Public Sector Labour Relations ActGovernment Orders

February 1st, 2018 / 11:55 a.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I was a little disappointed with the Conservatives' response to the President of the Treasury Board. My colleague across the way laughs at that comment. I am sure she will take it seriously when I expand upon why I am disappointed.

When Stephen Harper was the prime minister, he sent a very negative message to Canada's labour unions. Whether it was through the front door with Bill C-59 or, and I know some will take objection to this, or through the back door by a couple of private members' bills, they all took swipes at unions and the union movement, underestimating the important and valuable contributions that public and private unions played in Canadian society.

If we want to grow our economy and our middle class, we have to be supportive of the fine work unions do. Today, the Conservative Party is using the old-style leadership of Stephen Harper. There does not seem to be any change. Some might think that is funny, but I do not think Canadians do. I think Canadians see no difference between the current leadership of the Conservative Party and that of Stephen Harper.

I would remind the House that it was Stephen Harper and his ideas that were defeated. When we look at Stephen Harper's policies with respect to labour relations and the continuation of what appears to be the Conservative policies today, I am not encouraged. I am disappointed that the Conservatives will vote against this legislation.

Let us remember what is at the core of the legislation. We are repealing some changes that were made through Bill C-59. Bill C-59 was highly offensive legislation that was brought in by Stephen Harper. We know that organized labour resisted it and saw it as offensive legislation, as did we when we were the third party in the House. In fact, labour organizations were taking the Government of Canada to court. After the legislation received royal assent, public unions were withdrawing from negotiations.

The Conservative Government of Canada did not even blink. It felt, for whatever reason, that it wanted to pick a fight with our public servants, at a great cost. Unions were pulling out of negotiations. Organized labour was taking the government to court, not only in Canada but to international labour courts.

When we came to office, we inherited that the type of labour relations. After the last federal election, 0% of federal employees were under an agreement with organized negotiating units. Today, after just two years of good faith negotiations, 90% of our federal workers who are under negotiating units now have collective agreements in place. It went from 0% to 90%. Tens of thousands of workers today finally have an agreement, compared to 0% in the Stephen Harper era when the Conservatives did not respect the importance of our civil servants.

I have heard others talk about Canada's civil service. I have the deepest amount of respect for the fine work it does. I have recognized that in the past, and at times it needs to be reinforced.

International public service agencies, in other words, public servants from around the world look at what Canada is doing and how we foster a very healthy public service. I have had the opportunity to meet with many individuals in other countries. They are envious of the professionalism of our civil service, how corruption is marginalized, how services are provided, and the relationship between politicians and civil servants. I really appreciate that relationship and the professional nature of it.

I am sure all MPs will acknowledge how much we depend on those civil servants to provide the many different services that are of utmost importance to all Canadians. When we talk about our civil service, or public service, sometimes it is good to put a face on it, the public servants we deal with on a day in, day out basis. Canadians need to understand and appreciate that they touch virtually every aspect of our lives.

We can talk about the Canada Revenue Agency. We often hear about the importance of dealing with tax fairness. The government has invested well over a half-billion dollars to look at ways to recuperate taxes from individuals and corporations trying to avoid paying them. Who are the people driving that tax recovery? In good part, they are our civil servants.

One of the branches that either I or my constituency office works with on a daily basis, Monday to Saturday, is the Department of Immigration, Refugees and Citizenship. We have dealt with a a number of civil servants, who play an important role. Every year, hundreds and thousands of new residents come to Canada. That is no easy feat. This year, I believe we will receive in excess of 300,000 new landed immigrants. We have a civil service that can handle those types of numbers, and do it in a very professional manner.

We have social programs. I often talk about some of the fine work that has been done, whether it the work of the Minister of Finance, or the minister responsible for human resources or seniors, work such as increasing things like our guaranteed income supplement. We have the old age supplement, or OAS, program. These senior pension programs are all administered by civil servants. We have many other programs of a social nature. We have civil servants who are responsible for working with many other jurisdictions, provinces, and so forth to deliver the type of health care system Canadians want and deserve.

There is a change in government and through that we have seen real change with labour relations. I am very proud of that. I am very proud of the fact that we have an understanding that in order to grow our economy, a benefit for all citizens, we need to invest in our public service. Part of that is re-establishing a relationship of respect, which public servants can expect from this government. We value the immense work and contributions they make to the everyday quality of living for all Canadians.

I hope to expand on this if I get a question or two.