Bill C-345 (Historical)

An Act to amend the Canada Labour Code (pregnant and nursing employees)

This enactment amends the Canada Labour Code to authorize the Minister of Labour to enter into an agreement with the government of a province that provides for the application, to pregnant or nursing employees, of certain provisions of the provincial legislation concerning occupational health and safety.
It also requires the Minister to prepare a report on the agreements and to cause the report to be laid before each House of Parliament.

Canada Labour Code

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, I know my friend, the parliamentary secretary for labour, is particularly looking forward to my remarks today. It is great to be back in the House.

Bill C-420 deals with a number of different issues. It is, in a certain sense, an omnibus bill dealing with various aspects of labour relations, and I thank the member for bringing it forward.

I am going to be highlighting a number of the issues in the bill and speaking to them. I will not speak about all of the issues, but I will speak to a few of them, and specifically the issues of preventive withdrawal and the ban on replacement workers.

It might not surprise members to find that the proposed ban on replacement workers is a deal breaker for us. However, there are some interesting ideas in the bill that I will speak to in the area of preventive withdrawal.

Banning replacement workers would have a significant negative impact on the economy, and particularly on remote communities, which rely on the access that small trucking companies, for example, might provide. They would be negatively impacted if there were no recourse that an employer could use in bringing supplies to those communities.

I will speak first to the issue of preventive withdrawal in the bill. This addresses the case of a pregnant woman in the workplace who, concerned about the impact on her health and safety and on the health and safety of her unborn child, wishes to withdraw from her workplace in order to avoid exposures or situations that would cause a health issue for either of them. This issue being explored in Bill C-420 is similar to a discussion that the House had, I believe on an NDP private member's bill, Bill C-345, which only dealt at that time with the issue of preventive withdrawal.

The fundamental issue at play here is that in the province of Quebec, there is the opportunity for women in this situation to access paid leave, but in the rest of the country and in the federal jurisdiction, only unpaid leave is available.

The first step is that a woman in this situation would seek reassignment. If no reassignment were available, then she would leave the workplace. In the provincially regulated area in Quebec, there is an opportunity to access paid leave that does not exist within the federally regulated workplace in Quebec or elsewhere in other jurisdictions in the country. Bill C-345 would have created an opportunity to align the federally regulated rules in the province where the work is taking place with the provincial rules that exist.

At the time of the debate on Bill C-345, Conservatives supported the bill. We share in principle the objective of making sure that women and unborn children have the maximum opportunity to be safe. We recognize the challenging situation that may emerge when people feel there is a risk to their health and safety but have concerns about whether economically they are able to withdraw from the workplace in that situation.

Bill C-345 did not pass because it was opposed by the government. When I spoke to the bill at that time, I mentioned that the bill raised a number of different issues that maybe could have been further discussed and worked out in committee.

There was a question of alignment in general between different jurisdictions. We have a federally regulated and provincially regulated labour force, depending on the sector. This can lead to a situation in which people in the same community are operating under different rules. Some are working in a federally regulated sector and some are working in a provincially regulated sector. That is a reality of the way that the system works, and maybe this causes consternation in cases in which people do not have access to the same opportunities within their communities that others do.

I pointed out at the time, of course, that there are going to be alignment issues either way. If a bill like Bill C-345 had passed, we would have had an alignment issue in which in one province the federally regulated workforce would have been treated differently from the way the federally regulated workforce would have been treated elsewhere.

I argued at the time, and I think it is still the case, that there are other possible ways we need to talk about supporting women in this situation. We would not want people to be in a workplace where their health and safety were threatened, certainly at a time of relative greater physical vulnerability and the vulnerability of a developing child in the womb.

These are issues that require our attention. That is why we supported Bill C-345 at the time. Those provisions are incorporated into Bill C-420. However, we are not supportive of this bill, not because of those provisions but because the issue of the proposed ban on replacement workers really is a deal breaker for us.

There are situations where employers and workers are negotiating and the negotiations break down, and that leads to a strike. Strikes involve costs for everyone involved. They involve costs for workers, who are without the opportunity to work and earn an income for the period of time of the strike. There is a cost for the employer. There is a cost for the public, which is not able, for that period of time, potentially, to access that service or to access it in the same way.

The right to strike certainly is very important. It is fundamental. It is a tool that incentivizes and pushes both sides to dialogue. The way we calibrate the rules around the use of that tool are important to ensure the greatest level of balance and the greatest incentive to dialogue. However, the proposal to completely ban the possibility of using replacement workers in any situation is, from our perspective, too extreme.

Hiring replacement workers, for most employers in most situations, is not an easy thing to do. It is not as if the possibility to do that leads employers, in the vast majority of cases, to be totally casual about the need to come to terms with their workers through good dialogue. However, one can imagine, in the federally regulated sector, a small trucking company, for example, that has contracts and deadlines to meet and is vulnerable to going out of business if there is no alternative in the event of a work stoppage.

With respect to the impact on people who rely on those services, we can imagine a situation where remote communities rely on the work of small trucking companies and small airline companies, the people who are shipping resources in. The lack of any possibility of having replacement workers in any of those situations creates a real vulnerability for those communities in terms of getting essential resources in.

Generally speaking, when we have seen changes to the Canada Labour Code, we have sought to move forward with them in a way that reflects discussion and consensus among the different stakeholders, including the representatives of labour and the representatives of business. This recognizes the reality that there is a need for balance. We cannot, by tipping the pendulum too far the other way, create a significant disincentive around investment. If such a disincentive were created, I am concerned that it would lead to less investment in Canada and less investment in new business. The results of that would be worse for employers as well. When we have strong, growing, thriving businesses, that creates more demand for labour and puts labour in a stronger position.

In my home province of Alberta, we see a situation where the province is really booming. Labour has great opportunity to choose between different employers. Wages go up dramatically, because there is a shortage of labour. Business is demanding labour, which is driven by the strength of that economy. Because of that provision, the Conservatives have to oppose this.

Briefly, on another matter, I want to note that a number of MPs recently spoke to a young man who is on a hunger strike in Toronto to highlight violations of human rights in Turkey, violations in particular that target the Kurdish community. He described the experience of growing up in Turkey, where his ability to live freely and identify as a Kurd was denied to him, and the many problems associated with that. I want to acknowledge that important issue. It is my hope that this hunger strike will now come to an end. We encourage those who have concerns for human rights to fortify their physical strength so they can continue to be a voice for justice on this issue and I hope members will continue to highlight these human rights violations targeting Kurds and others in Turkey.

[Karine Trudel, NDP, Jonquière, QC]

Madam Speaker, I am pleased to be able to speak in this new House of Commons. As the NDP's labour critic, I am always pleased to talk about workers. Today, I will be speaking to Bill C-420, which was introduced by the member for Mirabel.

In any discussion on the Canada Labour Code, we cannot forget to talk about the health and safety of federally regulated workers, both in Quebec and in the rest of Canada. However, one important aspect has been ignored, and since I returned to the House of Commons, I have been quite worried and upset. No one is talking about protecting good jobs.

Bill C-420 talks about health and safety, but this aspect is part of protecting good jobs. There are federal employees in my riding of Jonquière. We have been home to a taxation data centre since 1983. More than 1,000 workers provide good service to all Canadians. In fact, there is even a taxation services office in Chicoutimi. These are good jobs, and the Bloc Québécois needs to remember that.

I have not seen anything about protecting these good jobs over the past few days in the House of Commons or on social media. This aspect does not seem to be taken into consideration. This is important to a region like mine, to Jonquière. One thousand jobs represents 1,000 families. This is the equivalent of thousands of jobs in Montreal, for example.

Let us return to Bill C-420, which is comprised of three bills introduced by the NDP in this parliamentary session. First, there is Bill C-234, which I introduced and deals with the issue of scabs. There is always a double standard in negotiations. I do not like to say this but, unfortunately, the parties are not on an equal footing in negotiations. I will speak about this more later on in my speech.

The second part of the bill is based on Bill C-345, introduced by my colleague from Abitibi—Témiscamingue, which proposed changes to the Canada Labour Code for pregnant or nursing employees. The third part reflects a bill that was introduced by Thomas Mulcair, but which unfortunately was never debated in the House of Commons. It called for the application to Quebec companies of the provisions in the Official Languages Act with regard to Quebec's particular linguistic characteristics. I will get back to this point in a few moments.

Let us come back to the first part of the bill on anti-strikebreaker legislation. It is time to reform the Canada Labour Code to have it reflect the reality of new technologies, automation, and telework. Why not take the opportunity to include these bills in the modernization of the Canada Labour Code, but also to protect workers during negotiations?

In November, special legislation was imposed on postal workers. Both parties cannot negotiate as equals if the company is able to hire replacement workers every time. The Canada Labour Code does not include any standard prohibiting the use of strikebreakers. It is time to remedy that problem. Labour legislation in both Quebec and British Columbia includes standards on this, so could we not include some in the Canada Labour Code? There is a lot of talk about consultation, but it is important to consult the employers, the government and workers on a set of standards. These are people who wake up every morning and perform miracles across the board.

Why not take care of them and amend the Canada Labour Code?

I could go on and on about this. However, the bill is divided into three parts, and I really want to talk about protections for pregnant or nursing workers.

I was working as a letter carrier when I was pregnant, and there were no protections. I had to work with my mail bag on my back and climb several stories. That was part of my job. However, pregnant women who do high-risk work need measures to lighten their workload, to keep them and their unborn babies safe. It can be really hard. It is normal to have a valid medical certificate. It is also normal for the doctor and employer to work together to come up with ways to ensure the safety of mother and baby. However, the Canada Labour Code does not allow for that.

I think there is room for improvement, like Quebec's preventive withdrawal. The Minister of Labour should make sure that mothers who wish to nurse and return to work are able to do so, as is the case in Quebec. Of course, working conditions must be taken into account to ensure that women are safe and able to nurse.

There is a real push to make it easier for women to access the workforce. Women should never be penalized for deciding to have children. Unfortunately, that is often what happens.

A number of similar bills have been introduced in the House of Commons. When my colleague from Abitibi—Témiscamingue introduced hers, it was summarily rejected. Now we have an opportunity to make amendments, and I hope that, this time, the government will show some consideration for pregnant and nursing women and vote in favour of Bill C-420. At this point, the Canada Labour Code is in dire need of an update.

I would like to spend the rest of my time talking about the part that deals with language of work in Quebec.

Quebec has two different language of work regimes. Each applies to different categories of organizations and workers. One is the Official Languages Act, which governs all federal institutions, that is, all Government of Canada and parliamentary institutions. The other is Quebec's Charter of the French Language, the Quebec charter, which applies to all provincially regulated workplaces. Quebec has about 135,000 federally regulated employees in roughly 760 private organizations.

Often certain companies will send documents in English only. Of course, some employees in Quebec businesses speak English. However, it is not right that they are receiving the documents in English only. Quebec workers speak French and their language is French, so they should be receiving the information in French and being served in French. We need to pay special attention to that. I believe that the Canada Labour Code could include requirements and protect francophone workers in Quebec who fall under federal jurisdiction.

As I mentioned several times, the Canada Labour Code is due for a major reform. There have been some bills, including Bill C-65, that have made amendments to the Canada Labour Code. Bill C-420 makes further amendments. I hope that the government will consider a comprehensive reform and modernization of the Canada Labour Code.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Madam Speaker, I am pleased to participate in today's debate on Bill C-420, an act to amend the Canada Labour Code, the Official Languages Act and the Canada Business Corporations Act.

At the outset, it is important that as we debate the bill it should be with the intent of striking the best balance between workers and employers. That should be our intent when we consider any legislation or policy reforms relating to our labour relation laws. Striking that balance is in the interest of all Canadians.

Bill C-420 would make a number of changes to Canada's labour laws, and I appreciate the opportunity to comment on these proposed changes.

Among these changes are amendments to the Canada Labour Code relating to occupational health and safety for pregnant and nursing employees. While it was before I took my seat in the House, the suggested change in this section of the Canada Labour Code had been debated in this Parliament when it considered Bill C- 345. That bill, as does a portion of the bill we are studying today, sought to rectify an imbalance that existed for women working in the same province but under a different jurisdiction.

A woman who is pregnant can request modified work in the event that her job may be putting her health or her baby's health at risk. When a workplace cannot be adapted or modified to allow a pregnant woman to work without risk, it might then become necessary for her to preventively withdraw from work. Some provinces offer pregnant women income during preventive withdrawals, but if women working in that same province are employed in a federally regulated industry, they are not eligible for those provincial benefits.

Employees under federal jurisdiction can still preventively withdraw from their work with job protection, but it is unpaid. I am certain that everyone could appreciate that this would be a difficult decision for an expectant mother to make. There is question of fairness to be considered, given that the employee in a federally regulated position is subject to the same provincial and municipal taxes but is not eligible for the same benefits in such a case.

There is merit to the measure in the bill that would allow the federal Minister of Labour to negotiate an agreement with the government of the provinces in these cases. As I noted, this measure was debated in Bill C-345 and it had the support of the Conservatives in the House.

The bill we are considering today, however, contains much more than just this measure. It includes a measure that would not strike the best balance between workers, unions, employers and employees.

The measure I am referring to is of course the section of this bill that would make it an offence for employers to hire replacement workers to perform the work of employees who are on strike or locked out. This debate is not a new debate. It is one that has been debated before in the House as well as in other jurisdictions.

The only provinces that have adopted and kept this approach to labour laws are Quebec and British Columbia. However, this is not a new idea and it has been studied and evaluated over and over. Empirical evidence would suggest that there are negative consequences to the imbalance created by banning temporary replacement workers in the event of a labour dispute. These adverse effects impact everyone. It impacts unionized workers, employees, employers and investors.

Banning temporary replacement workers creates a significant imbalance in the process. That imbalance is created because without the ability to hire temporary replacement workers, a business could be significantly challenged in its operations or could even be unable to continue operations during a labour dispute. This would result in lost revenue and profits for that business.

Depending on the nature of a business and the competitiveness of the market, a business could even permanently lose customers to a competitor, and despite less productivity, many of a business's costs would remain.

A labour dispute can also be devastating for employees and even their families. However, it is necessary to consider that workers who are not working because of a labour dispute might be provided with strike pay by their union. Alternatively, or even in addition, they could even seek temporary employment themselves.

That is a clear imbalance. It significantly, and arguably unfairly, increases the bargaining power of unions. That increased power would expectedly result in higher labour costs, or in other words, a higher share of a company's profits going to unionized workers.

The other side of that reality is that there is then a lower return for investors. That expected outcome would discourage investment into the business. Decreased investment is not a gain for unionized workers. Investment is in their interest. Among its benefits, greater investment could net better tools, more innovation, a healthier work environment or greater market access. That in turn would lead a company toward greater productivity. Greater productivity would result in greater profits, which could then result in greater wages or even better job opportunities. That is the power of the market.

Unfortunately, this policy that we are considering today in the House would impede that power. It would artificially inflate the wages of unionized workers, resulting in less investment, lower economic growth, fewer jobs and ultimately lower wages. It would create a long-term reality in which there is no real winner.

As I stated at the outset, any reforms to Canada's labour laws should be made with the goal of creating the best balance of interests. Because labour laws that create balance are in the interests of workers, employees, unions, employers, investors and ultimately all Canadians, the measure to make it illegal to hire temporary replacement workers in federally regulated industries in Canada is not a balanced approach. Therefore, it is not a win. It would inevitably result in some lose-lose situations. That is not in the interest of all Canadians, and I would strongly caution all members of the House in going down that path.