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 bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

MaryAnn Mihychuk  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-4s:

C-4 (2021) Law An Act to amend the Criminal Code (conversion therapy)
C-4 (2020) Law COVID-19 Response Measures Act
C-4 (2020) Law Canada–United States–Mexico Agreement Implementation Act
C-4 (2013) Law Economic Action Plan 2013 Act No. 2
C-4 (2011) Preventing Human Smugglers from Abusing Canada's Immigration System Act
C-4 (2010) Sébastien's Law (Protecting the Public from Violent Young Offenders)

Votes

May 17, 2017 Passed Motion respecting Senate amendments to Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act
May 17, 2017 Passed Time allocation for Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act
Oct. 19, 2016 Passed That the Bill be now read a third time and do pass.
Oct. 18, 2016 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, be not now read a third time, but be referred back to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities for the purpose of reconsidering clauses 5 to 11 with a view to preserving provisions of the existing law which stipulate that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.”.
March 7, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.
March 7, 2016 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, since the bill violates a fundamental principle of democracy by abolishing the provision that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.”.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 3:55 p.m.

NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I would like to know if my colleagues agree that the previous bill, which this bill is trying to repeal, could ensure the security of police officers, because a lot of them are unionized. The ones who work in unions could have their names and addresses published. They really worry about that.

Would the previous bill, which this bill would repeal, secure police officers in their work?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 3:55 p.m.

NDP

Scott Duvall NDP Hamilton Mountain, ON

Mr. Speaker, I am not sure what the question was.

Repealing this bill now is a very important step to make sure that all rights are protected and that nobody is treated unfairly.

Prior to 1977, everyone used a card. The majority of members signed up for a card, and that is how it was presented. There was a union if the majority of the members wanted it.

Going to a ballot system was done only after 1977, by a few provinces, and I hate to say it, but they were all Conservatives that actually put this stuff in. They were trying to lower the number of unions that could be formed. There was intimidation by the companies. There were threats of jobs being lost. They were going to close the shops.

That is why it is in front of us today. We are repealing something that was just bad legislation. There was actually great progress made going to the cards.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 3:55 p.m.

Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, it is my pleasure to address the House in support of Bill C-4, which was tabled last January by my colleague, the Minister of Employment, Workforce Development and Labour.

As members know, improving labour relations is one of our government's priorities. I therefore ask all hon. members to support this bill.

The purpose of Bill C-4 is to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act, and the Income Tax Act by repealing the provisions enacted by Bill C-377 and Bill C-525.

These bills force unions to produce useless financial statements and make it harder for Canadians in federally regulated workplaces to unionize. Basically, Bill C-4 is a matter of justice and fairness for the workers affected.

Members know as well as I do that good labour relations are essential in ensuring Canada's economic growth and prosperity. Labour relation legislation ensures some balance between employer, employees, and unions. Our government understands this.

When the previous government supported Bill C-377 and Bill C-525, we opposed them and tried to make the government understand that these legislative measures were unjust and unfair. However, our efforts were in vain. The previous government refused to listen to reason and chose to move ahead, even if it meant jeopardizing the fragile balance that had been achieved in employer-employee relations. We were not the only ones who raised the red flag on those bills.

Bill C-4 is the right thing to do. The purpose of the bill is to essentially remedy this by restoring justice and fairness to Canadian labour relations. Many stakeholders expressed their concern. Overwhelming evidence has been heard on Bill C-4.

The Public Service Alliance of Canada supported Bill C-4, saying that Bill C-377 and Bill C-525 were flawed, were introduced without proper consultation, and were detrimental to the rights of workers.

Further, Bill C-4 is hailed by the Canadian Labour Congress president Hassan Yussuff and the Provincial Building and Construction Trades Council of Ontario for restoring the labour relations in Canada.

Bill C-377 would force unions and labour trusts to declare their expenses, assets, debts, and the salaries of certain individuals. That information would then be made publicly available on the Canada Revenue Agency's website. They would also have to provide details on time spent on political and lobbying activities, as well as any activities not directly related to labour relations.

Thankfully, the Minister of National Revenue has already taken steps to lift these obligations while Parliament examines Bill C-4.

We have to understand that if this information was made public, these measures would put unions at a huge disadvantage to employers.

Bill C-377 unfortunately upset the balance that had existed. However, provisions were already in place to ensure that unions met their financial responsibilities. Section 110 of the Canada Labour Code and many provincial labour relations laws already require unions and employers to provide financial statements.

Bill C-525 would also create a major advantage for management. The bill amended the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to change the union certification system.

The traditional card verification system was replaced by a mandatory voting system. Unions are no longer certified automatically, even if the majority of workers have signed a membership card. The rule in existence was clear and well understood. Private sector workers with federally regulated employers could obtain union certification by signing a union membership card.

For example, under the Canada Labour Code, if the majority of employees' signatures were recorded on union membership cards, those cards were sent to the Canada Industrial Relations Board to obtain certification. Even if 35% of the workers were in favour of unionization, a formal vote was taken. However, unions now have to obtain support from 40% of workers before mandatory secret ballot votes can be held.

This system had a proven track record, however, the previous government chose to change things for purely ideological reasons. This double standard is grossly unfair because it makes unionization much more difficult.

We recognize the essential role unions play in protecting the rights of workers and helping the middle class grow and prosper. The prosperity of the middle class and of the Canadian economy depend upon harmonious and balanced labour relations. Bill C-4 has been tabled to redress the imbalances in labour relations created by the previous government.

I sincerely hope that other hon. members will see the benefits of Bill C-4, which would re-establish a balance between the rights and responsibilities of the employers and those of employees. We have a duty to intervene, and we are proud to do so today.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:05 p.m.

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, the Liberal government says it wants to enhance labour rights with Bill C-4. It claims to respect unions and says it is listening to them.

I was speaking earlier about anti-scab legislation. The response to my colleague was that there must be some reason for the lack of provincial legislation on the matter. However, the Quebec Labour Code has included robust anti-scab provisions for 40 years now.

On Wednesday, the House will be voting on a bill introduced by my colleague from Jonquière that deals specifically with anti-scab legislation. It is about improving working conditions for Canadians and about respecting unions.

In the spirit of respect for Canadian workers and unions, on Wednesday, does my colleague opposite plan to vote in favour of the bill introduced by my colleague from Jonquière?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:05 p.m.

Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, we recognize the bigger role being played by the unions in our economy and helping the middle class to prosper. The prosperity of the middle class and the Canadian economy depend upon the harmonious balance of that relationship. However, Bill C-377 and Bill C-525 created imbalances in the relationship between the unions, employers, and employees, which would be corrected by Bill C-4. We suggest that Bill C-4 is the only bill that can remedy the problems created by Bill C-377 and Bill C-525.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:05 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, does the Liberal government support the Rand formula?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:05 p.m.

Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, the bills have created imbalances in the labour relationships and have not served any purpose in creating better unionization. There was no possibility of getting unionized properly. At this time, we think Bill C-4 would bring those changes and improve the relationship between unions and employers.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:05 p.m.

Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, we saw where the Rand Formula got Tim Hudak last time around.

People who follow the labour movement and issues related to it would know what Andrew Sims, probably the foremost authority on labour relations in our country, has said. The member for Hochelaga talked about the anti-scab legislation. During his last review of the Canada Labour Code, Andrew Sims said that there was an issue that employers and employees could not agree on, which was back-to-work legislation, that the way the current system worked was fine, and that it was not perfect, but it was the best it could be.

There was one thing that came out loud and clear during the hearings on Bills C-377 and C-525. Hassan Yussuff, Jerry Dias, AFL-CIO, and all those who gave presentations from the labour movement and labour relations across the country said that it should be done in a tripartite manner, with employers, employees, and government, not by single one-off private member's legislation. There was a consistency in that testimony.

Does my colleague believe that this is one of the main reasons for repealing these two bad bills? There was no need for these bills. They were a solution in search of a problem. Does he agree that is part of the reason these bills should be repealed?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:10 p.m.

Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, Bill C-4 would repeal Bills C-377 and C-525, which totally restrict unions from working and having relationships with labour unions and employers. Until Bill C-4 is passed, the relationship between the unions and the employers will not be solid and will not benefit workers. They are not going to work properly. The Liberals feel the relationship should be restored. The balance among unions, employers, and employees must be restored, and Bill C-4 would do that.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:10 p.m.

Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, notwithstanding the diatribe from the parliamentary secretary, I want to ask the hon. member if he ever actually had one single constituent tell him during the last election campaign that he or she did not want the right to vote and did not want any transparency about any financial information ever?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:10 p.m.

Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, it did not happen only once; it happened many times during my election campaign. The card check system was in existence for a long time and it was not flawed. It was a proper system and it was working. The new system, where 40% of members have a secret ballot vote, gives more power to fewer people, those who can influence the unions and cause the disintegration of them. That will cause an imbalance in the entire system. That imbalance needs to be removed by Bill C-4.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:10 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, I asked earlier if the hon. member supported the Rand Formula and he did not answer clearly. Therefore, I will give him another opportunity. The Rand Formula is the entire basis for the exclusive majority representation model of bargaining in a workplace, which we have in all 10 Canadian provinces and the federal jurisdiction.

I want to confirm that in fact his government supports the Rand Formula.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:10 p.m.

Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, the actual process, which was already in existence with the labour relationship, was to maintain better unions and give prosperity to the Canadian middle class. However, the total system was disturbed by the creation of new laws which were unnecessary. Both of the bills created a total imbalance in the labour relationship. They were not required. They were unnecessary paperwork. On the order for the financial statements to be given by unions, a system already exists under the Canada Labour Code, which says that unions have to provide financial statements. The provincial laws are there, and unions themselves have their own constitution to provide financial statements. These laws were unnecessary, and Bill C-4 is the only bill which can make the changes to set the situation right and bring a balance to these relationships.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:15 p.m.

NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, I want to underline that what we have heard from the other side was a need to bring more balance and fairness to the relationship between unionized employees and their employer. One thing we need to point out is that the Canada Labour Code review is best done by a tripartite, but that process is not always going to be able to arrive at a consensus. That is exactly what happened the last time that we reviewed replacement workers, or anti-scab legislation.

Would my colleague agree that sometimes it is important for the government to lead? When one process does not come to consensus, although there is evidence for both sides, does the government not sometimes have to lead a process, and would he agree that this might be the place to do it around anti-scab legislation?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:15 p.m.

Liberal

Ramesh Sangha Liberal Brampton Centre, ON

Mr. Speaker, intervention by the government is not the remedy for a better solution. The better solution is independent unions, independent employee and employer relationships. That can bring valuable output to the bargaining table, and that is where it needs to be done.