Bill C-4 (Historical)

An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.
It also amends the Income Tax Act to remove from that Act the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue certain information returns containing specific information that would be made available to the public.

Pension Protection Act

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, the point I was trying to make on this is that Canadians from coast to coast to coast invest the most valuable resource we all have, which is time and commitment. When it comes to the work environment, that sacrifice is often made because of the benefits or contributions that are being made toward things like a pension.

I do not think there is anyone in the House who would try to devalue or take away from the importance of pensions. We have, virtually since forming government back in 2015, in many ways taken a look at how we can support Canadians with respect to pensions. It is one of the reasons one of the first actions we took was to reduce the age of eligibility from 67 to 65 for people to collect the OAS. It is one of the reasons we had discussions with all the different stakeholders, specifically our provinces, to deal with the issue of CPP contributions. Unlike the Conservative Party, we see CPP contributions as a pension, for deferring income to once a person retires.

Much like the defined pension plans we are talking about within this legislation, there is an expectation, and that expectation will be met through CPP contributions. When people in the private sector are contributing toward a pension, there is an obligation for the private sector to contribute to that pension, so that after a person has worked a number of years or however long it might be, they will be entitled to receive those benefits. It is a contract, an agreement of faith in which there is a responsibility for private sector pension plans, defined or not, to be able to maintain that commitment. The unfortunate reality of economics and, I would suggest, poor management by different private sector companies, have led to that contract being violated.

The leader of the Conservative Party made reference to Nortel. Nortel is a good way to amplify the issue, and I think that is why there is a great deal of sympathy toward it. We all agree that we should be doing what we can to increase the protection of these pensions. In Nortel's situation, so much money was lost because the corporation did not do its part in terms of maintaining its contributions to a fund when ultimately the company disappeared. The people who were hurt were the workers.

I like to think that over the years, as a parliamentarian, I have been a very strong advocate for workers. Virtually from day one, back in 1988, when I debated late into the evenings on the issue of final offer selection, from that point to walking picket lines to understanding the importance of advocating for workers and always doing what is in their best interest, that is something I have strived for as a parliamentarian. That is why, when we formed government, I was very pleased with some of the first pieces of legislation we brought forward. They were to protect the workers, albeit through the unions. Bill C-4, for example, repealed two pieces of private members' legislation, and it was good that it did.

We can talk about other commitments that have been made even within this debate with regard to the fall economic statement, where we have the labour mobility tax deduction. We have had a great deal of discussion lately with respect to the whole idea of banning replacement workers in strike or lockout situations, and there is a great expectation from me and others that we will be able to move forward on that file.

We have brought in legislation that has passed on pay equity. As the member will know, when we bring in legislation, especially labour legislation, it is critical that an appropriate amount of consultation has been done. I was interested in listening to the leader of the official opposition when he focused his entire discussion on the pension issue. I respect that because that is what the legislation dealt with, virtually from first reading coming into this, so that, when we had the draw, members had the opportunity to look into it and start doing the things they needed to do to feel comfortable voting on the legislation.

Because the member was effective at working with some of her colleagues, she was even able to get it advanced. I applaud her on taking the initiative to make that happen. To me, it shows her genuine attitude in recognizing, first and foremost, that there is a serious and fundamental problem. There is no one inside the House who would not appreciate this, when we get private sector companies operating in bad faith and not financially supporting those pension funds to the degree they should be supported so that, in the case of a collapse, those funds are not there.

I really look forward to tomorrow when we are going to have the vote on the legislation. Based on the comments I hear, I am anticipating that, in all likelihood, the legislation will be passed. I have not personally made my decision on it, but I can say that I am exceptionally sensitive to the needs of pensions. We in Parliament, and politicians, have a fairly good pension and it is guaranteed. We sacrifice a great deal, but no more than what the factory worker puts on the floor. I want the benefits to which the factory worker is entitled to be realized, as I want the pension of the member herself to ultimately be realized.

The issue of pensions is something that, the older we get, the more we want to focus on. From discussions I have had, I think the government needs to move toward ensuring that our way of life is enhanced as much as possible as we grow older. That is why I support many of the measures that we have taken. I am very much intrigued by what is being proposed before us, and I look forward to the actual vote tomorrow.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Madam Speaker, I am quite pleased to be rising in debate on third reading of Bill C-228. There have been many attempts in the past to try to secure pension protection for workers when their companies go bankrupt. I believe this is the furthest we have come so far, and that has been the result of some good cross-party collaboration, which is often what it takes to be able to accomplish things for workers in this place.

I want to thank the member for Sarnia—Lambton for her collaborative and conciliatory attitude in trying to move her bill forward.

I would also like to thank the member for Manicouagan for her work on this matter and for her co-operation during the negotiations.

I also want to recognize the work of one of my former colleagues, Scott Duvall, who did a lot of work on this subject over two Parliaments and essentially developed the private member's bill that I was honoured to present in this Parliament on the very same issue.

This bill is an interesting case study, if we look at the process it has been through, of how difficult it can be to achieve things for the working people of Canada.

There always seem to be roadblocks and hiccups, and we do not see those same kinds of roadblocks usually put up when the government is trying to do something for corporate Canada. Those things tend to run pretty smoothly. Sometimes New Democrats try to slow it down, but we have only so many seats in this place. That is up to Canadians. That is why we are always working hard to elect more New Democrats so that we have more of an ability to ensure that corporate Canada does not have the run of this place.

In order to get something done for workers, it usually takes some kind of coming together of many disparate things in the right order, at the right time and in the right place. That is pretty hard to do.

We saw that, just the other day, with the member for Winnipeg North. There was some agreement not only to protect the pensions of workers when their companies go bankrupt, but also to go above and beyond and to really do the right thing.

We saw this in the case of Sears workers as well. It was not just their pensions that they lost, but there was a lot of controversy over their severance and termination pay at that time, millions of dollars.

We now have a Parliament that was prepared to do that for working people. Instead, with some procedural fig leaves, we saw the member for Winnipeg North get up and exclude what I take to be a really important part of the bill as it came out, amended, from committee, without actually speaking to the substantive issue.

We just heard from another Liberal MP on this, who did not address the issue of termination and severance pay and why the government was so keen to remove that from the bill.

I think that they owe workers an explanation on the substance of the matter, not on the parliamentary procedure but on why it was that, when there was just about a parliamentary consensus, and if it were not for the Liberals there would have been a parliamentary consensus on the fact that it makes sense to protect the termination and severance pay of workers, why they blew that up, instead of seeing it for the opportunity that it was to do right by workers and to have a gold standard when it comes to protecting them in the case of bankruptcy.

As I said, it is hard to accomplish things for workers in this place. I know because I am part of a caucus that works relentlessly to try to do that.

The Liberals ran on a promise to do better when it came to bargaining collectively with our public servants. In fact, the Prime Minister wrote them all a very nice note when he first got elected, and said that things were going to change, that it was not going to be like it was under the Harper years, when those guys would go for years without a collective agreement.

I met just last week with representatives of a public sector union who represent the thousands of people in Elmwood—Transcona who work at the tax centre. What are they telling us? They have been a year without a contract. The government will not make a wage offer. They are having to go to some kind of mediation because they cannot get the government bargaining in good faith. We see that far too often.

Frankly, when Conservatives have been in government, we have seen that lack of good faith and difficulty in getting contracts for public servants too. That is part of why it is very difficult to get things done for workers in this place.

In the previous government, we saw Bill C-525 and Bill C-377. Folks in the labour movement will remember those bills because they made it easy to decertify a union. They made it harder to certify a union, and they would have required unions to inappropriately disclose their financial position, which matters if one is thinking about a strike, for instance, in order to make the case for better wages and working conditions.

If the employer knows how much is in a strike fund, it is very easy for them to develop a strategy to exhaust the strike, so that was something that was not good, and the Liberals promised to get rid of it. They did, finally. It took a long time after they came to power for Bill C-4 in the 42nd Parliament to pass. I remember encouraging them to do it a lot more quickly. It did not take a lot of time for them to try to pass a deferred prosecution agreement arrangement when SNC-Lavalin came knocking and said that was something it wanted. That appeared quickly in a budget bill, and all of a sudden it was getting done, when it took a year for the legislation to repeal Bill C-525 and Bill C-377.

We have also seen Liberals and Conservatives stand up in this place over the course of many Parliaments now to legislate workers back to work, because God forbid workers get too uppity. They had to shut that down and make sure they were back at work, doing what they were told and working for the wages the government put in legislation.

The Liberals talked for a long time about anti-scab legislation, but until it was put in a confidence and supply agreement it was very hard to have any confidence they would do it, and they still were not going to do it the right way until the NDP said very clearly that anti-scab legislation should not apply just when there is a lockout, but also when there is a strike. We know the Conservatives are not supportive of anti-scab legislation, and that is why it is hard to get things done around here for workers.

Even for 10 paid sick days during the pandemic, we had to argue again and again that it ought to be done. We are told that next month it should finally be in place. We have had to wait a good long time. Do members know who did not have to wait? It was big companies at the beginning of the pandemic, when big banks and others got access to liquidity very quickly, because the government was concerned about them. We have seen that when the government is concerned, it is able to act quickly, and we often see long delays when it comes to doing the right thing by workers.

I am sick of it, and that is why this has been a very hopeful process, working with the member for Sarnia—Lambton and the member for Manicouagan, because something has been coming together here that is a good thing for workers and that we have been working to institute for a long time.

Not only was it going to be just the next little step, but it was going to be the gold standard. We see again that in this institution there are so many ways to pick off victories for workers, sometimes when we least expect it and sometimes for reasons that appear to have nothing to do with the substance but actually have everything to do with the substance in the bill, because we saw the parliamentary secretary for industry come to the finance committee and sing some kind of big tale and sad song from the financial industry about how hard it was going to be on them and how nobody was ever going to have any access to credit or anything like this. That was right out of the mouth of industry through the mouth of the parliamentary secretary.

These are all arguments that have been considered in the past. Parliament has studied this issue many times before. There was no new information in that. The fact remains that when we have a bankruptcy in this country, it is workers who are left holding the bag. It is wrong, and it should change. When we look at the percentage of businesses that go bankrupt and then the percentage of those that actually have defined benefit pension plans, the fact of the matter is that we are talking about a very small percentage of any one financial institution's portfolio. They can surely bear that risk and carry that load.

Most businesses they invest in succeed. We know that, and that is why we can say with confidence that this is something we can do to protect the pensions of Canadian workers. I wish I were saying we could protect the severance and termination pay also, because we know the big banks and financial institutions are going to get along just fine. The people we should be concerned about in this place are the people who work for 20 or 30 years and do not get a second chance to have a retirement nest egg.

They depend on that, and they went to work on that understanding, and when something goes wrong that is far beyond their decision-making or control, they need to know that the future they worked for is in place for them, so I am very glad we will be doing that with their pension. I am angry we are not doing that for termination and severance pay because the Liberals decided to go for sneaky tricks instead of a straight-up vote on the issue in this Parliament, and I look forward to working with other members of this place to see if folks in the other place, the Senate, will have the good sense to do what we should have done here.

Concurrence in Vote 1—Department of Justice

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

Madam Speaker, I should let you know that I will be sharing my time with my colleague from Kamloops—Thompson—Cariboo.

I want to start by congratulating my colleague from Kings—Hants on his French. He delivered half his speech in French earlier, and it was really impressive. I want to congratulate him and encourage all my colleagues to learn the second official language. By “second official language”, I do not mean that French is the second official language, but it is the second language of an English speaker. In my case, English is my country's second official language. I just wanted to make that clear.

We are here to talk about budget items and votes for various departments, including Justice Canada. As we all know, my colleague from Fundy Royal moved a motion about that department. As a result, we are talking about judicial processes, the administration of justice in Canada, the Supreme Court of Canada and decisions that affect everyone.

More specifically, I want to talk about a decision handed down a few weeks ago that had broad repercussions across the country, especially in the region where I am from, Quebec City. The Supreme Court of Canada struck down a law on consecutive sentencing that had been duly passed by this Parliament in 2011 and had been in force until the Supreme Court's ruling.

This decision is in connection with the Quebec City mosque tragedy that occurred on January 29, 2017. I will recap those sad events. Anyone who was directly or indirectly affected by this incident remembers exactly where they were when they heard the news. People were gathered at the mosque, united by their faith, their charity and the communion of spirit, when a crazed gunman, a nameless criminal, walked in and emptied his gun, killing six men at that mosque. Our thoughts are with the 19 injured worshippers who survived, and with the loved ones of the six people who lost their lives.

At the end of the trial, the Hon. François Huot, the trial judge, handed down a 40-year sentence, which might have surprised some people. As I was saying earlier, a law had been passed by Parliament allowing for cumulative sentences. A criminal who killed three people would be sentenced to three times 25 years.

I want to say that this is a Canadian law. All too often, I have heard people refer to it as a Conservative law. This law was passed by a Conservative government, but it was kept in place by the current government. To be more specific, the 2011 law was applied up until 2015 by the Conservative government, for more than three and a half years. However, this law remained in force from 2015 until the recent ruling by the Supreme Court of Canada, which is almost seven years. Therefore, this law was accepted and applied by the current Liberal government for almost twice as long as the previous Conservative government.

I wanted to clarify that because, as I was drafting this speech, I came across articles that described the law as a relic of the Harper era, as though that were a bad thing. God knows Canada sure had some good years when the Conservative government was running the country.

If the Liberals hated the law so much, all they had to do was set it aside and repeal it, just as they did in other cases. In fact, during this government's first months in power, the Hon. Rona Ambrose, our leader at the time, gave me the tremendous responsibility of being our party's labour critic. In that capacity, I spoke to Bill C‑4, which repealed two laws governing transparency and democracy in unions, laws that had been passed under the previous Conservative government. The duly elected Liberal government had made a campaign promise to repeal those two laws. Having won a majority, it introduced a bill and repealed them. However, the Liberal government chose to maintain the consecutive sentencing law that is still attributed to the Harper era.

Let us get back to the sequence of events. Justice François Huot pronounces a final guilty verdict and imposes a prison sentence of 40 years, in other words, 25 years plus 15 years. He rewrites Canada's cumulative sentencing law as he sees fit, noting that he was uncomfortable with the “25 years plus 25 years plus 25 years” approach. He says himself in his ruling that he adapted the law as he saw fit and imposed a sentence of 40 years. It was a fairly extensive document, 246 pages long. He also examined the case law in more than 195 countries.

The Court of Appeal was asked to review that ruling. It struck it down. The three judges found that this was a bad piece of legislation, that it was unconstitutional. In the end, the Supreme Court ruled against this law, saying that it was totally unfair, unconstitutional and ultimately—and I am paraphrasing here—had no place in the Canadian judicial process.

One can disagree with a law, even a law that has been upheld by the Liberal government. However, there is a reality when it comes to crime, when it comes to murder, or what we call mass murder. I dislike that expression, but there is no doubt what it means: a compulsive killer emptying a gun on innocent victims. We have seen it too many times in our country. Once is one time too many. Having been through the mosque attack—I knew some of the people—I say we must think of the victims. This is about more than just the court case, the robes and the Supreme Court. It is about more than the legal process and the courts. We are talking about men and women who are suffering.

I would like to read an article by Dominique Lelièvre that was published in the Journal de Québec on Friday, May 27, just a few hours after the Supreme Court decision. The author quotes survivors and victims' loved ones:

Orphans of the Sainte-Foy mosque may pass their father's killer on the streets of Quebec City 20 years from now, laments the Muslim community, which is disappointed in the Supreme Court's decision....

“In our opinion, this ruling does not consider the magnitude of the atrocity and the scourge of mass killings proliferating in North America, nor does it recognize the hateful, Islamophobic and racist nature of the crime,” said Mohamed Labidi, president of the organization [the CCIQ], at the mosque on Sainte-Foy Road where six worshippers were brutally gunned down in January 2017.

“Although we are disappointed in this decision by the highest court in the land, it does enable us to close this legal chapter. Now we want to focus on the future.”

What troubles the survivors and the victims' loved ones most is that the children of these victims might one day encounter the murderer.

“That is the biggest fear of the victims' families. The Parole Board might delay his release and take this into account, but that's our real fear, that the orphans who will become men and women will come face to face with their father's killer when he is free,” said Mr. Labidi. He vowed to stand by these children when the time comes....

When contacted by Le Journal, Aymen Derbali, a father who was left severely disabled after miraculously surviving being shot seven times during the attack, said that he “respects” the court's decision, although he was “very disappointed” in the ruling.

“What worries me as a citizen is that this encourages future criminals to commit mass murder, since the sentence would be the same,” he said.

All the same, this decision was the culmination of a long saga that will help him close this painful chapter of his life. He wants to dedicate all of his energy to his family, to his children's future and to his humanitarian aid projects.

“I'm turning the page. I started this process a little while ago, but with this decision... Finally, there was a decision. The law will be enforced the same way across Canada,” he said with a sigh.

...

Boufeldja Benabdallah, the co-founder of the CCIQ, suggested that the court did not sufficiently account for the pain experienced by the victims' loved ones, compared to the offender's right to rehabilitation.

“The Supreme Court made a purely legal observation that, in our opinion, did not take into account the humanity of these families. It took into account the humanity of a murderer who will have to be rehabilitated later on.... Today, it feels like the balance has been upset,” he said.

Now that all the legal appeals have been exhausted, he says that he wants to do something worthwhile by continuing to advocate for communal harmony, which he says has grown immensely in the past five years, like a healing balm on the scars of the tragedy.

People did not just come the day after the attack but reached out to us over the past five years, and we too made the effort to reach out to them.

Labour

[Filomena Tassi, Liberal, Minister of Labour]

Mr. Speaker, as I have said, this matter falls under provincial jurisdiction, but let me share with members what we have done as a government in order to support unions and workers from the time we were elected.

In 2015, one of the first measures we implemented was Bill C-4, which repealed Bill C-525 and Bill C-377, which were actually anti-union pieces of legislation. We have been there for workers. Members can look at the enhancements we have made under the Labour Code, such as increasing leaves and creating new leaves. We have been there, and we will continue to be there for workers every step of the way.

Proceedings on a Bill Entitled An Act to Provide for the Resumption and Continuation of Operations at the Port of Montreal

[Filomena Tassi, Liberal, Minister of Labour]

moved:

That, notwithstanding any standing order, special order or usual practice of the House, a bill in the name of the Minister of Labour, entitled An Act to provide for the resumption and continuation of operations at the Port of Montreal, be disposed of as follows:

(a) the bill be ordered for consideration at the second reading stage immediately after the adoption of this order;

(b) when the House begins debate at the second reading stage of the bill, two members of each recognized party and a member of the Green Party may each speak at the said stage for not more than 20 minutes, followed by 10 minutes for questions and comments, provided that members may be permitted to split their time with another member;

(c) at the conclusion of the time provided for the debate at the second reading stage or when no member rises to speak, whichever is earlier, all questions necessary to dispose of the second reading stage of the bill shall be put without further debate or amendment, provided that, if a recorded division is requested, it shall not be deferred;

(d) if the bill is adopted at the second reading stage, it shall be deemed referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage, and deemed read a third time and passed;

(e) during consideration of the bill, the House shall not adjourn, except pursuant to a motion moved by a minister of the Crown;

(f) no motion to adjourn the debate may be moved except by a minister of the Crown; and

(g) upon completion of proceedings on the said bill, the House shall adjourn to the next sitting day.

Mr. Speaker, I would like to begin by acknowledging that I am joining members from the traditional territory of the Haudenosaunee and Anishinabe people covered by the Dish With One Spoon wampum agreement.

I am here today to talk about our intention to take action to end the labour dispute between the Syndicat des débardeurs, also known as CUPE Local 375, and the Maritime Employers Association, or the MEA.

My maiden speech in the House of Commons discussed a proud history of the labour movement in Hamilton and Canada. I spoke to how our government was passing a bill, Bill C-4, that replaced the previous government's anti-labour bills: Bill C-535 and Bill C-377.

I have been a staunch supporter of the labour movement that has done so much for my home town and for Canada. I grew up in a community that was driven by labour values. Those values are what drive me today: hard work, fairness, safety and healthy and inclusive workplaces.

I want to be clear that neither I nor the government wanted the situation to come to this point. This legislation was always our least-favoured option. Our government believes in the collective bargaining process. The parties have been at the bargaining table for two and a half years. For over two and a half years, we have supported the parties throughout the collective bargaining process in the hope of them arriving at a negotiated agreement.

The Port of Montreal is essential for the economic prosperity of Canadians across the country, especially Quebeckers and the people of eastern Canada. We believe that the government has no choice but to take action.

Let me be clear. The government will continue to support the parties and strongly encourages them to reach an agreement as soon as possible. Let me provide some context.

The Port of Montreal is the second-largest container port in Canada. Every year it handles over 1.6 million 20-foot equivalent units and 35 million tonnes of cargo, representing approximately $40 billion in goods. It is also a major link in the various Canadian and American supply chains for raw materials and consumer goods.

The work stoppage we are seeing right now is causing harm. It has the potential to cause severe, immediate and lasting damage to the economies of Montreal, the province of Quebec and Canada. This work stoppage affects more than 19,000 direct and indirect jobs associated with transit through the Port of Montreal, including in the rail and trucking industry. In fact, it would affect the jobs of up to 250,000 employees in Montreal and 273,000 workers in Ontario employed in the production of shipping container products. Shippers that have been forced to reroute to other ports may not return immediately. They may not even return in the long term, meaning that the negative impacts on Montreal, Quebec and all of Canada could last longer as the work stoppage continues.

The Port of Montreal is a major link in many Canadian and American supply chains of raw materials and consumer goods. These goods are fundamental to the manufacturing, agriculture and health industries, among many others. Vital PPE arrives via the Port of Montreal. Important goods to various manufacturing industries do as well.

The August 2020 strike had a disruptive and protracted effect on the east coast transportation system. More than 21 ships were diverted to other ports, including Halifax and Saint John, leading to congestion, longer transit times and additional costs for shippers. The current work stoppage is leading to similar rerouting to other ports, including in the U.S. This is having a strong negative economic impact.

Earlier this year, long before the strike action took place, we heard from stakeholders such as the Shipping Federation of Canada, which stated:

The mere threat of a work stoppage by longshore workers at the Port of Montreal is forcing North American importers and exporters to divert large volumes of international cargo away from the port and is already causing havoc to supply chains...

At that time, the Montreal Port Authority also confirmed that some of its clients had pre-emptively diverted container goods to other ports. Of course, it is important to point out that we are in the midst of the pandemic and COVID-19 has exacerbated this situation.

If these diversions to American ports become permanent, they could have long-lasting negative effects on the integrated transportation and logistics network around the Port of Montreal. A direct effect would be lower demand for rail and trucking services in Canada that support the movement of cargo between Canada and the United States. We also know that production and manufacturing in natural resource sectors, such as forestry, were seriously impacted during the strike last summer. These sectors are once again seeing major impacts to their supply chains with this latest action.

For example, the Prince Edward Island Federation of Agriculture has said that seed, fertilizer, crop protection and other important inputs arrive at the port destined for farms across the region that need them to successfully get their crops in the ground.

Small businesses that rely on the Port of Montreal for supplies will be especially hard pressed to absorb the extra costs associated with the work stoppage if it is left to continue for a long period. Many of these smaller businesses cannot afford high-cost alternatives, such as expediting cargo through busy ports along the east coast of the U.S. at the last minute. They often cannot afford to pay workers while their businesses remain idle as they wait for operations at the Port of Montreal to return to normal.

All of this comes at a precarious moment in Canada's economic recovery from the ongoing pandemic. Supply chains have been disrupted for over a year now. Industries are working very hard to recover from and manage these complexities. These industries employ workers who are not just numbers: They are people who depend on their jobs to take care of themselves and their families and all those who depend on them. For businesses in central and eastern Canada, this second major work stoppage at one of the main gateways to international suppliers and markets is a serious blow in the already challenging COVID-19 environment.

The impact on our economy of these disruptions to supply chains will be devastating. Ensuring the uninterrupted flow of commodities and goods to and from international and domestic markets through the Port of Montreal is essential to the economic well-being of Canadians across the country, particularly now as we enter a period of economic recovery from the COVID-19 pandemic.

The Government of Canada has provided significant assistance to the parties. Over the last two and a half years, a federal government mediator has supported over 100 bargaining sessions. Despite our best efforts and this support, there is no agreement in sight as the parties remain unable to find common ground. This has now resulted in yet another disruption at the port with very real consequences for multiple industries that depend on access to international markets.

Our government firmly believes that the best deals are reached at the bargaining table. However, intervention is sometimes necessary when the parties are at a significant and long-standing impasse, particularly when a work stoppage is causing significant harm to Canadians. We cannot allow the situation we saw in August 2020 to repeat itself, particularly in the midst of this pandemic. If the current stoppage continues, serious accumulated and negative impacts will continue to be felt all over Canada.

Canadians are counting on us to help the parties resolve their differences as quickly as possible to avoid a worsening of the situation. Stakeholders are counting on us as well, many of whom have already reached out directly to urge the government to do everything in its power to protect the economy, workers' jobs and the well-being of Canadians. As I mentioned earlier, the government will continue to support the parties in their negotiations, and it strongly encourages them to reach an agreement as soon as possible. We take the use of this legislation very seriously. It is our least-favoured option. I very strongly encourage the parties to reach a deal as soon as possible before this legislation is passed. The parties are at the table now. I hope the message continues to be heard loud and clear, but we cannot afford to wait.

We are committed to free and collective bargaining, and we believe in the collective bargaining process. Negotiated agreements are always the best solution. The parties began this round of collective bargaining in September 2018, and the Federal Mediation and Conciliation Service has been involved since October 2018.

In the last two and a half years, the parties have met over 100 times. This is a significant investment on the part of the government and clearly demonstrates our commitment to the process. The existing collective bargaining agreement expired on December 31, 2018. The agreement covers all approximately 1,100 workers employed by the member companies of the MEA engaged in the loading and unloading of vessels, and other related work at the Port of Montreal.

On October 11, 2018, the government appointed a conciliation officer from the federal mediation and conciliation service. On December 11, we appointed two mediators to attempt to help the parties resolve their differences and reach an agreement that worked for everyone. On February 4, 2021, I added two senior mediators to this file to assist the parties in their negotiations.

The Canada Industrial Relations Board has also been involved in this dispute.

On October 23, the MEA filed an application with the Canada Industrial Relations Board to determine which activities would need to be maintained in the event of a work stoppage at the port to prevent an immediate and serious danger to the safety or health of the public. Neither party could initiate a work stoppage until the CIRB decided on the matter.

The proceedings before the CIRB and related litigation in federal court lasted over a year. During this time, the parties continued to bargain with the help of the federal mediators, holding 40 bargaining sessions between December 11, 2018 and June 8, 2020, the date the CIRB decision was rendered.

Ultimately the CIRB found that the parties did not need to maintain any activities in the event of the work stoppage beyond their statutory obligation under the Canada Labour Code to continue service for grain vessels. However, the CIRB did acknowledge the union's commitment to continuing servicing two vessels that supplied Newfoundland and Labrador. The parties were legally entitled to begin a strike or lockout as of the date of the decision, provided they gave the 72-hour notice.

Less than a month after the CIRB decision was released, with the support of 99% of its membership, the union commenced a partial strike on July 2, 2020. Four work stoppages followed that summer, each one increasing in duration and impact, ending an unlimited strike that started on August 10, 2020. There was also increasing tension around the port on August 13, 2020. Eight people were arrested and charged with intimidation, mischief and assault, following a confrontation between union members and managers who were brought in as replacement workers.

Eleven days later, on August 21, 2020, the parties agreed to a seven-month truce, during the period of which they would keep bargaining and assume all port activities. That truce ended on March 21, 2021.

Throughout these events, the parties have continued to receive intense mediation support from the federal mediators. I want to take this opportunity to thank the federal mediators for their support.

However, despite these ongoing mediation efforts, at the start of February, the MEA filed a bad faith bargaining complaint with the CIRB, asking it to order the parties to binding arbitration. The CIRB issued its ruling on March 17, finding that any determination of bad faith bargaining would be premature, as the parties were still working on the negotiation of a new collective agreement.

My colleague, the Minister of Transport, and I have also reached out to the parties directly to urge them to continue to work toward an agreement. Despite these efforts, negotiations remain stalled and no end is in sight.

On April 10, the employer gave 72 hours' notice of its intention to modify the conditions of employment for members of CUPE 375. According to the notice, employees would no longer be guaranteed a minimum weekly income and would instead be remunerated only for hours worked.

Later that same day, the union gave 72 hours' notice of its intention to no longer perform overtime, work on weekends or participate in training. The union committed to maintaining services for vessels coming to and from Newfoundland and Labrador, and services for grain vessels that must be maintained in accordance with section 87.7(1) of the Canada Labour Code, which specifies that in the event of a job action, the movement of grain must not be affected.

On April 13, the parties implemented the actions described in their respective notices. Recently, the situation has escalated. On April 22, the employer advised the union that it would be invoking the provisions of the collective agreement that imposed a specific shift schedule requiring workers to work the entire shift.

The following day, the union gave notice of its intention to stop all work at the port, beginning at 7 a.m. on April 26. On Monday morning, that is exactly what happened, a complete general strike, unlimited in duration, began at the Port of Montreal.

The parties have reached an impasse and it is clear that despite ongoing assistance from federal mediators for the last two and a half years, they remain unable to find a common ground. We urgently need to find a way to move forward, particularly in light of the recent escalation in job action, which has paralyzed the port.

Our government has done everything we could to help the parties resolve their differences without a stoppage. We believe in the collective bargaining process. There are, however, exceptional circumstances where the government must step in. This is one of those exceptional circumstances. The impact is vast and deep and the situation is dire.

When it is only the two parties at the bargaining table that stand to suffer grave consequences as a result of work stoppage, there is no justification for the government to intervene. However, when a strike or lockout is disrupting the economy to the degree that it has and has caused significant and permanent damage to the livelihoods and well-being of Canadians across the country, such as what we are seeing with this escalating work stoppage at the Port of Montreal, the government must intervene even if it is to intervene with a heavy heart.

Canadians are counting on medicines and medical equipment, farmers are counting on receipt of seed and fertilizer to grow crops and feed Canadians and Canadians are counting on products and goods, including food, medicines and medical equipment, specifically dialysis products. This is a concern in the best of times. Now, in the midst of a pandemic, these concerns are heightened.

I have heard messages from stakeholders loud and clear. This is literally a matter of life and death has been the message communicated to me. If medical products and life-saving medical devices do not get to hospitals and patients in a timely manner, the health of Canadians is at stake. We know there are ships currently with COVID-related products, pharmaceutical and medical equipment, that now cannot get through. The impacts are vast and deep. Ensuring the uninterrupted flow of these goods is critical at this time.

The parties could not reach a negotiated agreement after two and a half years of negotiations, and the help of a federal mediator at over 100 bargaining sessions. We cannot afford to wait any longer to intervene. There is too much at stake. We must act before irreparable damage is done to the economies of Montreal, the Province of Quebec and Canada as well as the health and safety of Canadians across the country.

We will continue to work with both parties in an effort to help them find common ground. The federal government will continue to support the negotiations between the parties. As I have said, the parties are currently at the table. We strongly encourage them, with the support of the federal mediation and conciliation service, to come to an agreement at the table.

We also have a responsibility to act in the interests of Canadians whose lives and livelihoods are affected by the work stoppage, which is the result of failure to reach a negotiated agreement after the two and a half years of federally supported negotiations of the Syndicat des débardeurs, known also as CUPE Local 375, and the Maritime Employers Association. That is why we are introducing this legislation today.

Labour

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

Mr. Speaker, unions built the middle class in Saint John—Rothesay, and today, unions like IBEW, CUPW, CUPE, PSAC, ILA, Unifor, IAFF, and SJPA, and union leaders like Darlene Bembridge, Duane Squires, Craig Melvin, Erin Howell-Sharpe, Tammy Nadeau, Pat Riley, Kevin Suttie, and Jean Marc Ringuette are pillars of my community.

In 2015, the people of Saint John—Rothesay sent me here to stand up for them. One of the ways I have done just that since taking office is by standing up for my constituents' collective bargaining rights, both in this House and at HUMA, where I was tremendously proud to stand up for Bill C-4 and Bill C-62 to repeal of Conservative anti-union legislation in both places.

I will always stand up for the rights of workers in my riding, and I will always stand up for good middle-class jobs for the people of Saint John—Rothesay.

Federal Trades Strategy

[Judy Sgro, Liberal, Humber River—Black Creek, ON]

Madam Speaker, I am pleased to have a minute or two to voice my support for Motion No. 227. Updating the federal labour standards is way overdue and should have been done a long time ago. It should have been done before, never mind dealing with a motion on the eve of Parliament, but at least maybe we are starting to move in that particular area. We have been consulting and now we are attempting to act.

There was a review done by the previous Liberal government in 2004. After a decade of inaction by the Conservatives, we are trying to pick it up where we left off. Again, there is only so much that we can do in three and a half years, and we cannot deal with all of the issues that we want to deal with. Therefore, we do the best we can to get things moving in the direction we want to be able to protect Canadian workers and help set the stage for good, quality jobs.

We need labour standards that reflect current workplace realities that will also help employers recruit and retain employees while looking after their well-being. It is a win for everyone. It is why the member for Niagara Centre put forward a motion that the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities be required to undertake a study of the creation of a federal trades strategy to consider the labour shortages in the skilled trades, which we know are a high priority for our government, but they are also a high priority for the country.

We have already moved forward with some changes, and here are just a few examples. One of the first priorities our government had was to pass Bill C-4, restoring fairness, balance and stability to labour relations, which was an important thing that we did.

I see that you are standing, Madam Speaker. Thank you very much for allowing me to have one minute to make a point. I look forward to seeing this motion move forward.

Government Priorities

[Justin Trudeau, Liberal, Prime Minister]

Mr. Speaker, our government has been unequivocal in our support for labour, and we are happy to celebrate that this May Day.

There is no question that since forming government, we passed Bill C-4 to eliminate the unfair Bill C-525 and Bill C-377 that Harper passed. We amended the Canada Labour Code to give federally regulated employees the right to flexible work arrangements and implement different leaves. We strengthened occupational health and safety standards. We passed Bill C-65 to protect federally regulated employees from workplace harassment and violence.

We will continually stand up for labour and stand up for workers across Canada.

Precarious Employment

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

Madam Speaker, I rise today to offer support for the hon. member for Sault Ste. Marie's motion, Motion No. 194, and I would like to thank him for bringing this issue to the floor for debate.

Canadians have worked hard to achieve the lowest unemployment rate in over 40 years. However, this number can only tell us so much about the employment situation in Canada. While good jobs are being created by Canadian businesses every day, there are still hard-working people who put in a full day's work but receive barely part-time compensation.

Our government has worked hard to support Canadian labour and the right of association. Immediately after the election, our government passed Bill C-4 and Bill C-5. These bills restored fairness and balance to labour relations by repealing legislation that undermined and weakened labour rights in our country. However, there is much more to do to ensure working Canadians receive fair treatment and fair compensation.

This motion speaks to a serious and growing problem across Canada that if left unaddressed could lead to serious labour issues. That is why this motion is so important. An in-depth study on precarious employment in Canada can provide the government with a blueprint to tackle this issue head-on.

As was pointed out earlier by the member for Sault Ste. Marie when speaking to this motion, precarious employment is tricky to nail down. The Canadian Centre for Policy Alternatives found that a fifth of professionals are in some form of precarious work. Furthermore, the survey found that professionals in precarious employment are more likely to have a post-graduate degree than professionals who are in non-precarious work. Professional women are also more likely than their male counterparts to be in precarious situations, with women accounting for 60% of all professionals in a precarious work circumstance. Clearly, precarious work does not fit neatly into the norms of the traditional work environment and traditional work definitions.

These statistics offer far more questions than answers, questions that the HUMA committee can begin to unravel. While we do not know all that we would like to know, the root of this problem clearly lies in our rapidly changing economy. Thankfully, government has already started to address some of the stress points in this changing economy.

To provide young people the skills and networking opportunities necessary to find meaningful employment, our government invested $221 million in Mitacs, for example. This program creates 10,000 paid internships per year, providing the experience young people need to succeed. This program, coupled with the $73-million investment in the student work-integrated learning program, means nearly 60,000 Canadian students will benefit from a paid internship over the next five years.

The Government of Canada has also partnered with Ryerson University to create Canada's largest work-integrated learning, recruitment and reporting platform, known as “Magnet”. Magnet combines a network of employers, post-secondary institutions, industry associations and community partners to match skills with employment opportunities.

On February 14, the hon. Minister of Employment, Workforce Development and Labour as well as the Minister of Finance announced plans for a new future skills centre and future skills council. To support this initiative, the Government of Canada is investing $225 million over four years and $75 million per year thereafter in future skills development.

However, it is not enough to prevent people from becoming precariously employed. We need to develop pathways for precarious workers to acquire skills that are in demand. In budget 2017, the government initiated a three-year pilot project to help adults who want to return to school, with an investment of $287 million over three years. It is clear, as the national and international economies change, that Canada and Canadians must put an emphasis on lifelong learning and skills development.

The disruption in the labour market calls for a flexible and forward-thinking policy. For this policy to be effective, we need a two-pronged approach. The first begins with Motion No. 194 to identify and narrow down the indicators of precarious employment. As the motion calls for, we need to dig into the data to come to a more complete understanding of what exactly precarious employment is both in terms of who it is affecting and in terms of its larger role in the Canadian economy.

The second part of this plan depends on a suite of flexible and proactive programs to lead young people to opportunities for quality employment. The plan must also offer those in precarious work situations a route to new opportunities or new skills and new training that will allow them to find fair, meaningful and reliable employment.

Yesterday the finance minister echoed the Prime Minister's comment that the global economy is changing faster than it ever has before, and it is moving slower now than it ever will in the future. If Canadians are to prosper and find security for themselves and their families in a changing global economy, we need to understand how these shifts will affect workers and Canadians.

As indicated in the speech by the member for Sault Ste. Marie and his motion, Canadians affected by precarious employment do not fit neatly into one or two industries or demographics.

Our government has taken steps to strengthen union rights to association and to provide access to education and skills training programs. However, precarious employment is unlike other forms of work and demands a more thorough examination by Parliament. Understanding the indicators of precarious employment will help federal, provincial and municipal governments address under-compensated workers.

When we tolerate full-time work turning into part-time pay with no benefits, we run a serious risk of losing ground that workers and Canadians will struggle with over the next generation.

As legislators, we have a responsibility to act in the best interests of Canadians, which is why I will be supporting Motion No. 194. I urge all members to also support Motion No. 194.

I would like to thank the member for Sault Ste. Marie for bringing this motion to the floor for debate.

Canada Labour Code

[Dan Ruimy, Liberal, Pitt Meadows—Maple Ridge, BC]

Madam Speaker, I thank the House for permitting me to be a part of the debate on Bill C-420, tabled by my colleague the hon. member for Mirabel.

First of all, I would like to remind the House what this bill is about.

Bill C-420 would amend the Canada Labour Code, also known as the code, in order to accomplish three things.

First, it would prohibit employers from hiring replacement workers to perform the duties of employees who are on strike or locked out.

Second, it would authorize the minister of labour to enter into an agreement with the government of a province to provide for the application to pregnant and nursing employees of certain provisions of the provincial legislation concerning occupational health and safety.

Lastly, Bill C-420 would amend the Canada Labour Code, the Official Languages Act and the Canada Business Corporations Act to clarify the application of the Charter of the French Language in Quebec.

Tabling the bill gives us the opportunity to review the Government of Canada's actions in regard to labour relations especially, as well as in regard to working conditions for pregnant and nursing employees.

I want to use my time today to go over some of the actions that have been taken.

Let us talk first about what Bill C-420 proposes to do with regard to replacement workers and labour relations reform in Canada.

The bill seeks to amend the code to make it an offence for employers to hire replacement workers to perform the duties of employees who are on a lawful work stoppage. Any contravention of this provision would entail a fine of up to $10,000 for the employer. The bill would also permit an employer to not reinstate any locked out or striking employee at the end of the work stoppage.

We have to keep in mind that amending the code can have an impact on labour relations if it is not done properly. Any proposed amendment requires a broader comprehensive review of part I, as well as a tripartite consultation process that involves the government, the labour movement and, of course, employers. In fact, all concerned parties, including academics and external stakeholders, should be consulted since these reforms would affect a great number of Canadians across the country.

It is a long-standing practice not to amend the code in a piecemeal fashion or without soliciting the input of affected stakeholders. The current provisions in the code are the result of such a review and represent a carefully crafted compromise between the interests of employers and trade unions.

Let me provide an example. In 1995, a working group, mandated by the minister of labour, led an extensive public consultation on part I of the code. Workers, employers and government stakeholders were consulted, as well as external stakeholders, such as academics and others, who could provide relevant insight. The working group's report, entitled “Seeking a Balance”, formed the basis of the significant changes to part I of the code that came into effect in 1999.

The consultation process is critical to any legislative changes made to industrial relations at the federal level and our government has always respected that.

Since our government took office, we have been committed to re-establishing a fair and balanced approach to labour relations in Canada. Re-establishing a climate of collaboration and developing evidence-based policies is our objective. The very first step we took in that direction was to table Bill C-4 to repeal Bill C-377 and Bill C-525. We did this because Bill C-377 and Bill C-525 were both adopted without having been through the aforementioned tripartite consultation process typically applied to labour law reforms. This process is an essential part of the foundation that supports free collective bargaining.

Let us talk now about pregnant and nursing employees. The health and safety of all workers, including pregnant and nursing workers, is a priority for our government. Let us not forget that federally regulated workers everywhere in Canada are very well protected by the strong provisions on preventive withdrawal provided for in the code. In fact, the code contains provisions on reassignments and leaves of absence for pregnant and nursing employees. These provisions provide protective measures to help them to pursue their employment in a safe environment.

In addition to provisions already in place, our government has taken a number of actions to ensure the health and safety of all employees, including pregnant and nursing employees. First, we have put forward new compliance and enforcement measures for occupational health and safety standards and labour standards. These measures include monetary penalties and administrative fees for employers who are repeat offenders, the authority to publish the names of these employers, greater power for inspectors, new recourse against reprisals, and improvements in the wage-recovery process.

Next, we have introduced amendments to the code to give federally regulated private sector employees the right to request flexible work arrangements. We have also put forward a series of new leave provisions, including a five-day personal leave, of which three days are paid, and five days of paid leave for victims of family violence, out of a total of 10 days of leave.

In addition to these provisions, other recently introduced amendments to the code would provide eligible working parents with improved access to maternity and parental leave once these amendments come into effect.

On top of all that, I must remind everyone that the government supported Bill C-243, an act respecting the development of a national maternity assistance program strategy. The bill is now in the other House for review.

Let us now turn our attention to the Charter of the French Language in Quebec. The 1982 Constitution Act, which enshrines English and French as our country's official languages, provides that both these languages be given equal status in all governmental and parliamentary institutions. Additionally, two separate statutes, the Quebec charter and the federal Official Languages Act, regulate the language of work in Quebec. Active companies in Quebec, including those incorporated under the Canada Business Corporations Act, are already required under provincial law to comply with the Charter of the French Language. That includes being registered under a French name.

Consider also that the labour program has never received any complaints from federally regulated private sector employees in Quebec concerning an inability to work in French. This is backed up by a 2013 government report that concluded that these employees in Quebec seem generally able to work in French in their workplaces. If we look at Quebec's 2016 census, there are, in fact, an increasing number of workers using French as their main language, or equally with English, while on the job. Between 2006 and 2016, the rate of workers whose mother tongue was English and who mainly used French at work rose from about 23% to 25%. Meanwhile, workers whose mother tongue was a language other than English or French and who mainly used French on the job increased from 46.5% to 48% during this same period.

As members can see, our government is proactive not only on the issue of labour relations, but also on the issue of working conditions for all Canadians, including pregnant or nursing women, as well as on the issue of language of work for federally regulated employees in Quebec.

In conclusion, I would like to congratulate my colleague, the hon. member for Mirabel, for his important work on Bill C-420.

Postal Services Resumption and Continuation Act

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Chair, I am glad the member opposite realizes that we have a high degree of respect for organized labour and, in fact, such a degree of respect that the first piece of legislation we introduced and passed was Bill C-4, which restored the rights of organized labour to collectively bargain and organize. It repealed Bill C-525 and Bill C-377, two very harmful pieces of legislation that the Conservatives had rammed through the House in an effort to diminish the ability of organized labour to grow its movement, to work, as the member pointed out, on ensuring that there is decent work for people all across the country.

We also ratified ILO Convention 98, which guarantees the right to organize and collectively bargain. We have introduced legislation that we worked on with unions which unions have been calling for, for decades. These are things like pay equity, federally regulated proactive pay equity, something that unions have been calling for, including the union involved in this dispute, flexible work arrangements, and protection of federally regulated workers from violence or harassment in the workplace. In this respect, I would refer to Bill C-65, which recently passed. We have introduced updates to the Canada Labour Code to modernize it and protect the most vulnerable in the workplace, again in partnership with organized labour. The list goes on in terms of the work we have done in partnership with unions, because we recognize the important role they play in establishing a standard that often protects the most vulnerable and people who are not unionized in this country.

I will also speak to the second part of the member's question. The member asked what we have done to ensure we could work with the parties to help them arrive at a collective agreement. From my perspective, we have done everything we can to support the parties to get there themselves. For example, over a year ago, both parties agreed to work with a mediator, so we appointed the federal mediation service early on in their talks to help them have productive talks and work through some of the substantial issues that both the union and the corporation were facing. The mediators worked with the parties for well over a year. When those talks broke down, they asked—

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Speaker, we were also elected to make life better for middle-class Canadians, including owners of small and medium-sized businesses and workers all across Canada. With this time of year being the busiest retail season, Canadians need to be able to count on Canada Post to deliver the goods Canadians and businesses need.

Let me tell the House about Maureen Lyons, the owner of Mo McQueen and Sons, in Winnipeg. She is a stay-at-home mom with four children and a health disability. Here is what she had to say about the labour disruption:

If by the end of the week, by some miracle, things could resume or at least the shopping public’s faith in the system of delivery could be restored, I think it would help a great deal.

We are as grassroots as it gets. I don't make a ton of money as it is. It is so frustrating. We're the little guys. And I'm not just a seller.... I'm also trying to find things for my own children for Christmas that I can't get.

The Minister of Public Services and Procurement and I have been in touch with the parties directly on numerous occasions to urge them to continue to work towards reaching agreements. Despite all the efforts I listed yesterday, the two parties remain unable to find common ground on a number of outstanding issues related to wages, job security and workload.

With more than 200 communities across the country directly impacted by the strikes, we cannot afford to wait any longer. I will repeat: Our government does not take back-to-work legislation lightly. This is the first time our government is using this tool, and we believe it should only be used as a last resort. That belief has not changed for me personally or for our government. However, having exhausted all other possibilities, we believe it is the only remaining option.

This is about protecting the public interest and avoiding further harm to Canadian businesses and communities, and indeed Canadians who rely on Canada Post. Older Canadians, persons with disabilities, low-income earners and Canadians living in rural, remote and northern areas who rely on physical mail delivery, including indigenous peoples in some of the most remote communities in our country, are disproportionately affected when their access to physical mail delivery is disrupted.

The cost of postal alternatives, such as courier companies, can be prohibitively high, especially in rural and remote communities. In some remote northern areas, there are no alternatives. Canadians in the north are twice as reliant on parcel delivery services as the rest of Canadians.

Stephanie Destree of The Silk Road Spice Merchant, in Calgary, says, “Sometimes we ship to more rural places, so we go with Canada Post. We are finding delays when we use Canada Post, and sometimes up to three weeks of delays.”

A Toronto Star reader sent the following letter to the editor:

While mail disruption is an inconvenience to many of us living in Canada, it is an impossible situation for those in remote fly-in communities in Northern Canada.

Unlike other Canadians who have options of private courier services, those living in these regions must rely on Canada Post for all of their deliveries.

Through a newly formed non-profit organization...I am personally involved in sending much-needed food to shelters and soup kitchens; warm clothing to the homeless, poor and elderly; school supplies and food to daycares and schools in both Nunavut and the Northwest Territories....

For many of these children, these will be the only gifts they receive this year.

The postal strike has played havoc with our efforts to get these gifts to the children in time for Christmas. Besides the time delays and uncertainty of delivery, there is an added expense of about $1,000 to upgrade our service level to Express Post in the hopes these parcels will receive faster service when the strike action rotates.

Weather is always a concern in the winter in getting parcels to the North in a timely manner but the strikes have made it an incredibly difficult and expensive challenge.

That was from Beverley Mitchell in Toronto.

Nearly nine million Canadians, about 30% of our population, live in rural and remote areas, where access to the Internet can be extremely limited. Today is Black Friday, and so many businesses depend on their sales today and through to the end of the holiday season to survive. This has real human impacts. Small business owners are our neighbours, and they are also significant employers in our country. We are looking at job losses and lower hours at a time of year when so many families are already over-extended.

Jim Danahy, CEO of Customer Lab, says:

We have Indigenous population in very small and sometimes isolated communities that you can only reach by water or by air. So, in those cases, the local economies can be hit quite significantly.

At the same time, our reputation as a reliable market for commerce and trade is at risk, because international partners are not able to ship mail and parcel shipments on to Canada Post. I spoke yesterday about small e-sellers whose razor-thin margins leave many of them unable to afford the higher cost of shipping through courier companies. In the event of a lengthy postal strike, many companies, particularly smaller e-commerce companies, may not make it through the season. Forty percent of online sales take place in the fourth quarter, which the strike is currently impacting.

Canadians expect us to act. We have done everything we could, and this is a last resort. That is why we are introducing this legislation, which I will take a few minutes to explain.

The legislation we are introducing today would order an immediate end to the worker stoppages and the resumption and continuation of postal services at noon EST on the day after the day on which it receives royal assent. The most recent collective agreements will be extended until new collective agreements are established.

To help the parties find common ground on outstanding issues, an impartial mediator-arbitrator will be appointed. The parties will have an opportunity to choose the mediator-arbitrator, and within 48 hours of coming into force of the bill, the parties will need to provide me with names of three persons to serve as the mediator-arbitrator. If the parties fail to propose the same person, one will be appointed from this list, taking into consideration advice from the chairperson of the Canada Industrial Relations Board. This is to ensure the impartiality of the individual who will be chosen.

The legislation would provide for the mediator-arbitrator to resolve all outstanding issues through mediation, or if mediation fails on particular issues, arbitrate them through an arbitration model of his or her choice based on guiding principles. The mediator-arbitrator will have seven days to mediate all outstanding issues between the parties, which can be extended to a maximum of 14 days if the parties consent. If the parties fail to reach agreements within the mediation period, the mediator-arbitrator must arbitrate all outstanding issues within 90 days of his or her appointment.

I will now talk about the principles that will guide the mediator-arbitrator's decisions. These have been crafted carefully to provide a balance to the mediator-arbitrator and take into consideration the concerns that we have heard throughout the negotiating process. They are: to ensure the health and safety of all employees; to ensure the fair treatment of temporary, part-time and other employees in non-standard employment as compared to full-time, permanent employees; to ensure the long-term financial sustainability of Canada Post; to create a culture of collaborative labour-management relations; and for high-quality service to be provided by Canada Post at a reasonable price to Canadians. The union and Canada Post can reach a voluntary agreement at any time before the mediator-arbitrator submits his or her final report to me, which would end the mediation-arbitration process.

I believe that we have taken the steps to ensure that everything possible has been done and is done through this proposed legislation to encourage the parties to reach agreement fairly and swiftly while in the meantime ensure services at Canada Post resume, preventing further harm. That is why I urge all of my hon. colleagues to vote in support of this legislation.

I reiterate that our government does not take this legislation lightly. We have worked hard to restore fairness and balance to the labour landscape in Canada since coming into office. Through Bill C-4, our government's first piece of legislation and our first official act in Parliament, we repealed two private members' bills that undermined unions; one that imposed excessive reporting requirements on unions, and a second that made it harder for workers to unionize. Since then, we have introduced legislation and programs that improve the lives of Canadian workers and strengthen the labour movement.

As I mentioned before, we did not intervene early, because we believe in the collective bargaining process. We believe that the collective bargaining process results in the best outcomes: strong agreements and a positive workplace culture. However, we also have a responsibility to Canadians and to the businesses that drive our economy, and when the consequences of a work stoppage become so great that they begin to result in serious and, if left unchecked, lasting harm, we have to act.

We will continue to support the parties through every means possible, as we have done from the very beginning. We strongly encourage them to reach agreements as soon as possible, and we will continue to provide the parties with the tools they need to do so.

As I said earlier, the best agreements are always the ones that parties arrive at themselves. This proposed legislation allows the parties to reach a voluntary agreement at any time before the mediator-arbitrator submits his or her final report to the minister, which would end the mediator-arbitrator process.

We are in no way legislating an agreement. This legislation is about ensuring the process exists to find one. The well-being of Canadians and the viability of many Canadian businesses depend on a speedy resolution. I urge everyone in this House to support this legislation so we can make that happen as quickly as possible. Canadians are counting on us.

Resumption and Continuation of Postal Services Operations Legislation

[Rodger Cuzner, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, some people have started their speeches by saying they are pleased to join in the debate. Make no mistake that it is difficult. The NDP likes to characterize it as something less than that, but members should be assured that this is an action this government has not undertaken lightly. This has been quite some time in the making.

Since coming to government after the October 2015 election, Canadians have seen, and certainly organized labour has seen, that we go about our business quite differently than the previous Conservative government did. We take a different approach to how we work with organized labour. Having been here during that 10-year period, it was nothing short of an attack on organized labour. From the outset, it was obvious that Stephen Harper had organized labour in his crosshairs and was willing to do what he had to do in order to throw a wrench into organized labour in this country.

We saw egregious bills like Bill C-377 and Bill C-525, bills which were purposeful in trying to handcuff unions in this country from being successful and from giving them any opportunity to grow and represent Canadian workers. It is unfortunate, because when we look at organized labour, we can certainly say that nobody has helped grow the middle class more than union leadership in this country, which fights for fair wages, fair benefit packages, overtime benefits and health and safety issues. It has been organized labour that has led those fights over the years. We, as Canadians, enjoy many of the benefits of those efforts.

When we became government, one of our first pieces of legislation was Bill C-4, which was legislation that led to overturning the egregious bills I just referenced, Bill C-525 and Bill C-377. We were trying to restore a fair and balanced approach to labour relations. We were trying to restore a tripartite approach to developing labour laws in this country, where we have workers, employers and the government sitting down and crafting labour laws that protect us all and benefit us all.

We saw that thrown out of balance. We saw the attempt to change the Canada Labour Code through backdoor initiatives. Rather than using a tripartite approach, we saw it being changed by private members' legislation. We saw how much benefit it brought the Conservatives in the last election. Any organized labour, any rank and file member, in this country knew two numbers. They knew the number 377 and they knew the number 525, because both those bills were earmarked for organized labour.

We strengthened occupational health and safety standards in this country, because we believe every worker in this country has the right to arrive home safe to be with their families. We passed Bill C-65 to protect federally regulated employees from workplace harassment and violence. I try to give credit where credit is due, and I must say that both the Conservatives and the NDP were very helpful and supportive of this legislation. We have good legislation, one which has been a long time in the making and a long time coming, but certainly both opposition parties were supportive of it.

We ratified ILO Convention 98 to ensure the rights to organize and to enter into collective bargaining. That convention had been advocated for for over 40 years, and it was our minister who was able to get that ratified at the ILO, something which we are very proud of as a government.

In budget implementation act No. 2, we brought forward legislation that will modernize labour standards to reflect today's workplaces. This is something from which many in organized labour will not benefit as it is for the many unorganized workspaces where shop floors are not unionized. It is for people in precarious work who are trying to knit together two or three part-time jobs in order to make a living and pay the bills. These are the most vulnerable workers in this country.

The modernization of labour standards in this country is going to be of help to all of these workers. This helps make sure that contracts are not flipped and that benefits are not lost when contracts are changed so that if there is a seniority list and certain people have worked for the company for seven years, they are able to maintain the benefits they worked for and earned over seven years and not lose those benefits in any way. We are very pleased to be able to move forward on that.

We have introduced pay equity legislation to ensure fairness. This makes sure that people and women in this country get equal pay for fair and equal work. We have also doubled the benefits in the wage earner protection program.

These are all positive initiatives we have embarked on and undertaken in this government.

The banning of the domestic use and the import and export of asbestos is very important. This is something that the CLC, Unifor, Canada's Building Trades Unions and many others in organized labour have been fighting to get for years. We are working with organized labour and employers as well, taking a tripartite approach to making sure we get right the banning and abolition of asbestos.

We as a government are committed to free, collective bargaining, and we believe that a negotiated agreement is always the best solution in any industrial dispute. That is why we refrained for so long before we got involved in this particular dispute.

This dispute has gone on for a year. We were engaged right from the start, appointing a mediator to let both sides share their grievances and find a way to come to some kind of agreement. A mediator was involved for a year. As the strike vote was taken and as the rotating strike began five weeks ago, we even appointed a second mediator and then a special mediator.

These mediators were selected from a list. We provided a list, and both sides were able to weigh in on who the mediator should be so as to build trust in the mediation process and in the mediator himself. The mediator was agreed upon.

The minister was very clear yesterday. She has worked tirelessly, as has her staff and the department. They have done everything possible to assist the parties to reach an end to this dispute. Despite their efforts, CUPW and Canada Post just have not been able to get to an agreement. Therefore, it is with great reluctance that we have been left with no other option but to introduce back-to-work legislation to get our postal service back functioning at full capacity.

It is important to understand that we knew as the process evolved that it was probably going to land here because both sides were very entrenched on a couple of different aspects of the negotiation. It is important that Canadians and Canadian businesses who rely on Canada Post and its crucial infrastructure are able to do their business. We know that 70% of online purchases are delivered by Canada Post. We know that Canadians rely on it as a service and that it is critical to many Canadian businesses.

In my own riding I have a small company called Galloping Cows, an exceptional company owned by Ron and Joanne Schmidt. They make pepper jellies and chutneys. They are very busy at this time of the year. We have many people from my riding and Atlantic Canada whose children have moved away and are living elsewhere, some in Fort McMurray. Thus, the packages to Fort McMurray from Port Hood are always a big part of the business that Galloping Cows does each year, which, certainly from Remembrance Day to Christmas, could make or break this young business. They have really felt the impact. It is not just that orders have not been sent, but also the fear of those who have sent parcels already. That is a big part of it, the threat of not getting the parcels to people in time for Christmas.

Throughout these negotiations, the Government of Canada has been proactive and tireless in its attempts to have the parties reach an agreement. The minister has discussed this at length. Federal conciliation officers and mediators have been assisting the parties throughout their negotiations. We know that there have been a lot of side conversations with people. Beyond the actual negotiators, many people have wanted this to be resolved and have offered their input to try to find resolution to this. We appreciate their efforts.

However, when bargaining reached an impasse, we appointed a special mediator to bring a fresh set of eyes to the table. It is always of benefit when we can take some issues and look at them with a little bit of a different perspective.

The negotiations stalled again, so we offered voluntary arbitration. That was our suggestion. However, our government's offer of voluntary arbitration was declined. Thus, we have tried pretty much every club in the bag.

We also appointed a special mediator this week, in the hope of getting a deal. We have strongly encouraged the parties to reach a mutually acceptable conclusion. We believe that a negotiated agreement is always the best solution.

No member of our government wants to be dealing with back-to-work legislation, but there is no end in sight and that is why we find ourselves in this situation. Canadians are feeling the effects of this dispute and it would be irresponsible for us not to act in the interests of all Canadians.

As I said initially, I can contrast our government's approach to organized labour to that of past Conservative governments. We can also look at the back-to-work legislation by the Conservatives in 2011. We know that after two weeks of rotating strikes, former prime minister Harper imposed back-to-work legislation on Canada Post and the postal workers of CUPW. It was interesting because we know that the minister at the time appointed an arbitrator herself, which is a little different from what we have done. We have appointed a mediator-arbitrator where mediation will be first and foremost.

That mediation I know was mentioned by the NDP member for Skeena—Bulkley Valley. He wanted me to remind him of the guiding principles, because he had talked about the health and safety issues.

I will quote subclause 11(3) of the legislation, which states:

In rendering a decision or selecting a final offer under paragraph (1)(b), the mediator-arbitrator is to be guided by the need

(a) to ensure that the health and safety of employees is protected;

(b) to ensure that the employees receive equal pay for work of equal value;

Those are the guiding principles, which are vastly different from the guiding principles of the legislation put forward by the Conservatives back in 2011. We know they worked against unions. We know that its legislation was very heavily weighted against unions.

That is certainly not the case with this legislation. We have proven to be a party that supports unions and workers, and that believes in the collective bargaining process. This is a last resort and not something that our government takes lightly.

When a strike or lockout impacts only the two parties involved, the government will help when asked and will not intervene. However, when it affects Canadians and Canadian businesses and all available avenues have been exhausted, the government has a responsibility to intervene. That is why we are bringing forward this legislation to require Canada Post workers to return to work.

In closing, Canadians need to know that the government has done and continues to do everything in its power to help the parties. In any industrial dispute, we are willing to help the parties resolve their differences without a work stoppage. A work stoppage helps no one, neither the workers and their lost wages, nor the communities and others impacted by the postal services that businesses use.

This legislation is no Harper-era legislation. We are not forcing specific conditions on the union. We just need to get to an agreement. If we had any hope at this point that the differences between CUPW and Canada Post were close to a resolution, we would not be tabling this legislation. However, after five weeks of rotating strikes, we are forced to say that it is time to act. The government has been working with CUPW and Canada Post for the last year and has done everything possible to prevent this dispute. Let us get back to work, get the postal service functioning at maximum efficiency and get the parties to a deal.

Motion that debate be not further adjourned

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Speaker, clearly, we believe in collective bargaining. That was why we introduced Bill C-4 to reverse harmful legislation of the previous government and to ensure workers had the right to organize freely and collectively bargain freely. However, we also are the federal government, with a responsibility to ensure that services on which Canadians rely are there when they need them.

This mediated process has been going on for well over a year, with rotating strikes taking place for five weeks. The parties still do not have an agreement. We hope they will reach that agreement in very short order. However, if they cannot reach one, we will help them with legislation that will be fair, principled and will help both parties achieve their goal.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Speaker, I have said before that we believe in the collective bargaining process. We support the collective bargaining process. That is why we introduced and passed Bill C-4, which restored rights and reversed harmful legislation, rammed through by the previous government, that was intended to minimize, reduce and delegitimize the labour movement. In fact, we amended the Canada Labour Code in partnership with labour, which gave us advice about protecting the most vulnerable in the workplace. We have strengthened occupational health and safety standards.

Let me talk about the legislation we have tabled, which we really hope we do not have to use. However, if we do have to use it, we have crafted it in a way that will set balanced guiding principles. I did not get a chance to tell the House about those principles earlier, so let me tell members the factors the arbitrator will have to take into account: the health and safety of workers, equal pay for work of equal value, fair treatment of part-time and temporary employees, the financial sustainability of Canada Post, the need for collaborative labour management relations and high-quality service for the public.