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 / 4:55 p.m.

Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, the member across has tried to dismiss what Bill C-377 was about. He tried to say that we ask the same of charities, so why can we not ask this of organized labour?

The highest degree of revenue by any charity in the country is a hospital in Toronto. They file a form of about 24 pages. One of the smallest filings we are going to see, if we let Bill C-377 go forward for organized labour, will be about 400 pages. The member should try not to mislead the Canadian public, saying that it is looking for the same. Everything over $5,000, every salary over $5,000, will have to be shown.

My hon. colleague said that members of Parliament would have to do this. I would ask the member if he posts the individual salaries of his staff on his website.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, I think the point is that if I go through a charity, I have a choice of a charity. Years ago, unions took their fees, paid for their memberships, for shop stewards, for personal development of that union, but they did not pay for third-party advertising. That is what has changed, and in the last year we saw that. There are no restrictions now. I did not pay for my union to put up a billboard promoting another party. I had many in my union shops who voted for me, and yet when they drove to work, there was an advertisement there. I did not pay for that, and neither did my workers pay for the advertisement. That is the difference in the bill.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5 p.m.

Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, my colleague raises another significant point. I have a lot of respect for my colleague across the way, but he forgets that the union organization already has all the information that is needed. With an organization that garners a benefit of $500 million from taxpayers in a year, does the member not believe that they should be accountable for that? I am wondering if he could comment.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, we have seen six provinces sign off, including my province of Saskatchewan. It is interesting because the provinces that have signed, such as Saskatchewan, Alberta, and B.C., are progressive. We believe that unions are good and that we can work with unions. The average income in our three provinces has gone up substantially, and it is good. People have a good style of living, that is, other than in the last 18 months to 24 months because of the oil and commodity situation. Before then, we were in pretty good shape.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5 p.m.

Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Prime Minister (Intergovernmental Affairs)

Mr. Speaker, I listened with great interest to the party across the way, and I used to think that Conservatives were a party for small government. However, it is a party, that while in power, and even now, talked about wanting to run charities and detailed how they are structured and get engaged as a government. It is a party that wants to get involved in unions and decide how they should be run and what rules should be followed. It was the same thing with the aboriginal communities. They wanted to decide how band councils should report to the membership and detailed that. In fact, private members' bills came forward on how to run political parties for the Parliament of this country. The amount of control that the Conservative Party wants in the everyday life of democratic social organizations is extraordinary.

If unions want a free vote or a private vote, is it not their choice? Does the member not believe in these sorts of freedoms being extended to self-organized, self-regulated organizations?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5 p.m.

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, we have talked about the tripartite voting in this House of big government, big employers, and big unions. No one has ever talked about the pawns in this situation, being the everyday worker in this country. You are the government of consultation right now. You have not done a lot of consultation on Bill C-4 at all. None. Zero. We have seen that. At least when our private member's bill was debated in the House of Commons, we took that to the public last October. The two private members' bills passed. We never heard that much on this side of the House, obviously. However, we do have some issues when unions start becoming third party during elections, which we saw last October.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5 p.m.

The Deputy Speaker Bruce Stanton

I will remind all hon. members to remember to direct their commentary to the Chair.

The hon. parliamentary secretary, on a point of order.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:05 p.m.

Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, I was not certain, but the hon. member knew that we won the last election, did he not? Is that a point of order?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:05 p.m.

The Deputy Speaker Bruce Stanton

I do not think so. It is a point of debate. When the hon. parliamentary secretary has a moment, he can perhaps connect with the hon. member in question.

Resuming debate, the hon. member for Charlesbourg—Haute-Saint-Charles.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:05 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I would like to thank my colleague from Saskatoon—Grasswood for his excellent speech.

The former Conservative government was a government of principle. We believe in democracy and people's choice and we are working to make the federal government more transparent. We worked toward that goal for the nearly 10 years that we were in office. That is why we supported Bill C-377, An Act to amend the Income Tax Act, and Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act, also known as the Employees' Voting Rights Act.

These two bills, which were introduced by members and passed by both chambers, helped to advance the labour movement, regulate it in a transparent manner, and modernize it. Bill C-525 made voting by secret ballot mandatory. Secret ballot voting is so revolutionary. It has never been tested before, except in referendums and federal, provincial, municipal, and school elections.

It took a law to make unions hold secret ballot votes. In fact, many provincial legislatures had to enact legislation in that regard, including Alberta, British Columbia, Saskatchewan, Ontario, and Nova Scotia.

Bill C-377 required unions to disclose how union dues were spent. It was not complicated, it was just common sense, especially because the money was deducted from paycheques as a result of an established practice. In short, these two bills would have made much-needed changes to unions.

I wanted to participate in the debate to speak out against what the government is doing. It is disappointing. The government's 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, will repeal these two bills.

It is disappointing to see that the Liberals, who claim to defend the middle class, widows, and orphans, are reinstating union secrecy. On the other side of the House, secret ballots and transparency concerning the use of financial resources are not important. It is not very surprising, but it is disappointing.

The Liberals' priority is to thank the big unions for throwing money at them to help get them elected. That is exactly what this government is doing with Bill C-4: it is thanking the big unions that spent big money during the last election.

It is partly for that reason that we had the longest election campaign on record. It was to prevent major unions from repeating what they did in the last Ontario election: they plastered the province with negative ads about a party in order to influence the vote. For these big unions, and for the Liberals, the interests of workers, their members, are far less important than their own corporate interests. It is not even close.

Bill C-4 spells the end for union certification by secret ballot. The big unions are free to keep using their intimidation and scare tactics to force employees into joining a union against their will. It is sad to see a strong-arm policy being enshrined by the government.

The government is failing to protect the silent majority, middle-class workers who have a hard time making ends meet and fear reprisals. They end up buying peace by keeping mum and voting against their conscience. The government is favouring the corporate interests of the big unions that need the millions of dollars in union dues that are taken off the paycheques of unionized workers.

There are many stories of intimidation. Out of fear of reprisals, or to stop the intolerable pressure, many people end up folding and agreeing to sign the certification form. They do not sign because they believe a union might be good for them, but because they feel threatened.

When the time comes to vote for or against unionization, the vote is rarely done by secret ballot. It is by a show of hands, or twisted arms if I may put it that way. Out of fear of being branded if they do not comply with their leaders, many workers choose to go with the flow instead of voting their conscience.

Workers do not vote their conscience. They are intimidated during the process, and they know that the intimidation will not stop if they persist in their opposition.

Even dictatorships that hold elections to legitimize their leaders' leadership do not vote that way. Most of the time, there is a secret ballot that gives people a choice: they can support the dictator or not. That is the way it has to be.

Everyone here would be up in arms if people could not vote their conscience because of intimidation or if intimidation shaped the outcome of any election to public office. The system as we know it would collapse. Why, then, would we accept or tolerate such a system for unions? It is inconceivable. Such behaviour is not tolerated in schoolyards, and so much is being done to counter bullying, but the government has no problem with bullying in a union context.

Secret ballots also protect employees from the possibility of their employer pressuring them not to unionize. Many employers abuse their workers and threaten to close up shop to avoid unionization.

If the majority want to unionize, and a secret ballot vote confirms it, there can be doubt about the will expressed by the workers. Why does anyone need to know how people voted, other than to apply pressure? No one in the House knows exactly who voted for whom in the last election. Secret ballot voting allows everyone to vote according to his or her conscience.

We can understand the Liberals' interest in letting the big labour organizations work under a shroud of secrecy with the money they collect every week from their members. After all, this government loves its doublespeak.

First of all, the government got caught using the public purse as a slush fund to pay for its own little whims. It was not until it was caught red-handed that the government agreed to apologize and admit its mistakes. It was not until the Minister of Health was caught making excessive expense claims for limousine service while in Toronto that she finally apologized and agreed to pay back that unjustifiable expense. It is even worse here, when we all know that Canadians already pay for a car and driver service for ministers.

Were it not for the monitoring by the House, we and Canadians would have been kept in the dark about the piles of money made available to the Minister of Environment and Climate Change for hiring photographers to take a bunch of pictures. Like a big union, the government would have preferred this crazy expense to be kept under wraps for good.

The same goes for the exorbitant moving expenses that the Prime Minister signed off on for his two main advisors and friends, Gerald Butts and Katie Telford. More than $220,000 was paid out to his close friends. It pays to be in the Prime Minister's inner circle.

Canadians are outraged to see their money being used as petty cash for the Prime Minister's close friends. Of course, in four years Canadians can get rid of the government if they are not satisfied.

Canadians benefit from having an opposition that hounds the government to be accountable with public money. Sadly, that is not the case with the big unions.

Although a unionized member can request access to statements showing how the union uses the funds it receives, that member cannot do much to limit the union's choice to support causes other than protecting and promoting workers' rights.

Let me be clear. I recognize that unions have a role to play as the representatives of workers when working conditions are being negotiated. However, influencing the outcome of an election and supporting charitable organizations are not really activities that protect workers.

The millions of dollars spent by Ontario unions on advertising in Ontario during the last election campaign boggles the mind. The big unions were defending their own corporate interests and not those of their members. Many union members are calling for more transparency from their unions and less involvement in matters that have nothing to do with protecting workers' rights. Paying for a plane to fly a banner urging people not to elect a prime minister does not help a union's members in the least. If leaders want to be involved in politics, they should stand for election. Many parties defend the interests of big unions in the House. They have lots to choose from.

However, if they are interested in protecting their workers, that is what their activities should focus on. Most of the time, union leaders spend money on things that have nothing to do with their mandate and without obtaining the support of their members. They act somewhat like kings who view the union dues collected as their booty. Workers are entitled to the same rigour from their union leaders when it comes to the money collected from their paycheques.

It is important to understand that there is no freedom of association in Canada's labour movement. With the Rand formula, when a union reaches the number of members required to become certified, union dues are automatically deducted from the paycheques of all employees, whether they were in favour of certification or not. That being the case, I think it is even more appropriate to have measures requiring large unions to keep their members and the general public informed of what they are doing with the dues they receive.

Our parliamentary system is based on the principle of no taxation without representation. In order to bring in a tax, authorization must be obtained from an elected chamber. There is a principle of accountability. Unions do not have that principle. Although workers' dues are collected systematically like taxes, there are transparency measures to show how the amounts collected by the unions are used.

For all of the reasons that I just mentioned and for many others put forward by my colleagues before me, including the member for Louis-Saint-Laurent, who did excellent work on this file, I have to say that I oppose this bill. This bill is not in keeping with this government's commitment to be open and transparent. It rewards the big unions and does nothing to protect workers—

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:15 p.m.

The Deputy Speaker Bruce Stanton

Order. Let us proceed to questions and comments. The hon. member for Laurentides—Labelle.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:15 p.m.

Liberal

David Graham Liberal Laurentides—Labelle, QC

Mr. Speaker, in the previous Parliament, I was an assistant and not a member, but in the debate on Bill C-377, the Liberals proposed an amendment. They actually did a good job in opposition, unlike the current one. The amendment sought to extend this obligation to all professional bodies, not just unions. The Conservatives opposed it.

Why did the Conservatives want to target just unions and not all professional bodies?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:15 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, that detail escapes me, because like my hon. colleague, I was not here at the time. However, I can say that Bill C-377 was aimed strictly at unions because some extremely important work needed to be done in that regard, for all the reasons I just outlined in my speech, such as transparency and control over what unions are doing.

What is most disappointing about this right now is that with Bill C-4, instead of amending the law, the government is going to completely abolish something that was done to benefit workers.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:15 p.m.

NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, maybe my colleague can help us understand what is going on.

As I said before to another member, we are debating an amendment that would send Bill C-4 back to committee. Over the course of the four meetings that the committee spent studying the bill, the Conservatives presented no amendments. Now they want it to go back to committee. When I asked them whether they planned to present amendments and why they wanted to send it back to committee, they said that there was no way to improve it and that they had no plans to present any amendments.

Why do the Conservatives not just vote against the bill at third reading instead of trying to use an amendment to send it back to committee? I just do not understand what they are trying to do. We disagree on the bill, but it seems to me that if they do not plan to present any amendments, they should not send it back to committee. They should just vote against it if that is what they are going to do. I would like to understand what is going on. Can my colleague help me understand why this amendment is on the table?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:15 p.m.

Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, I would have to hear the question again to follow what my colleague said, but for us, today's debate is on Bill C-4, which would repeal Bill C-377 and Bill C-525. It is unacceptable to us that Bill C-4 would repeal those two pieces of legislation.

My colleague and I would have to discuss this further outside because I cannot remember everything she said. It is clear to us that Bill C-4 would simply nullify what our government did to achieve union transparency and respect.