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.

Canada Labour Code

[John Barlow, Conservative, Foothills, AB]

Madam Speaker, it is interesting that my colleague talks about the public trust and yet, when it comes time to vote for Bill C-4, I am sure he is going to vote for it and he will be voting against secret ballots for unions. How does he not see that is not in the public trust? He is saying that union members should not have the ability to have a secret ballot, and I just cannot believe that. We heard that a lot in the NDP and Liberal speeches, that somehow a secret ballot is undemocratic and adds additional bureaucracy and red tape to this process.

I would like to ask the member in what field he feels a secret ballot is undemocratic. That is really disconcerting. This seems to be the path that the other parties in the House seem to want to go down.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, the first questioner and the person providing the answer were wrong when they made the statement that the first order of business was Bill C-4.

Let us be very clear. The Government of Canada and the Prime Minister's first order of business in this House was to give tax breaks to Canadians. That was the first order of business.

This bill that we are talking about today is rectifying a wrong. The government, through the back door of private members' legislation, passed two labour bills which offended not only the labour movement but also many businesses throughout the country, from coast to coast to coast.

Focusing strictly on the legislation, would the member not agree that the previous Conservative government was wrong in using the back door of private members' hour instead of trying to build a consensus between labour and the different stakeholders in changing legislation? It intentionally used the back door of private members' hour to have confrontation in an area where there should be more harmony. That was the former government's record.

[John Barlow, Conservative, Foothills, AB]

Madam Speaker, I appreciate my colleague's question.

First, if he had actually listened to anything that was going on today, or maybe last Friday, my comments were that the first piece of legislation brought forward by the Minister of Employment, Workforce Development and Labour was this bill, which guts accountability and transparency of unions.

I did not say anything about the government. We can get into a discussion about how great it has been in that first 100 days, but we would be here for a long time.

Let us talk about the back door. Is it deplorable to ensure that the members of Parliament have an opportunity to speak their mind, to speak to the issues of their constituents? It was very clear how the party across the aisle felt about that when we brought forward a motion to support energy east: all four of the Liberal Alberta MPs voted against that. That shows on this side of the House that we empower our MPs to speak their minds, but on that side, not so much.

[Brian Masse, NDP, Windsor West, ON]

Madam Speaker, it is a pleasure to rise on the hypocrisy of the Conservatives with regard to secret ballots.

I do not know if he voted that day, but I will remind the member that the rest of his members, or at least many of them, did vote on a secret ballot to elect the Speaker. I find the hypocrisy of secret balloting that he is noting rather interesting when he was either a participant in it or his colleagues were.

I would like to have a yes or no answer. Did the member participate in a secret ballot? What does he think about his colleagues participating in a secret ballot?

[John Barlow, Conservative, Foothills, AB]

Madam Speaker, I do not know if he is saying that a secret ballot is bad. A secret ballot is a cornerstone of our democracy, a hallmark. If we look at any level of government, municipal, provincial, or federal, they are elected by secret ballot.

Why would this be the one time that we say it is good for everything else in the Canadian political landscape except for unions, that that is the one spot where we should not allow them to have a secret ballot because for some reason that is undemocratic?

I would like that member to explain to me how he finds secret ballots for unions to be undemocratic.

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

Madam Speaker, my question is very simple. The bills that were introduced under the Conservative government were introduced by members who were not ministers.

Would the member approve of allowing other members who are not ministers, or about 150 people in the Liberal Party right now, to introduce bills, or should they all be regarded as bills brought in through the back door?

[John Barlow, Conservative, Foothills, AB]

Madam Speaker, exactly. This is an opportunity for members of Parliament, no matter where they sit in this House, to speak.

I do not think it should just be ministers who should have an opportunity to bring forward bills. The whole idea is that we are speaking for our residents, our constituents. We have that voice, and we should be able to exercise it.

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

Madam Speaker, I am pleased on this snowy Tuesday morning to have an opportunity to voice my concerns about some of the legislation passed by the previous government. It is a part of the things that we are going to have to fix.

Bill C-4 is sound legislation that has been written in collaboration. I emphasize that word because it is important when we are producing legislation that it be done in collaboration with the people who are going to be affected. That was not done in the previous government. It was done through a private member's bill, not through the government introducing a piece of legislation the proper way. It was done through the back door, and I am sure we will see that attempted again. However, this time the Conservatives are on that side and we are the government.

Labour stakeholders are important people for us to be talking to when we are putting legislation together, and we have the intention of reversing several destructive policies from the previous Conservative regime. Specifically, Bill C-4 will repeal Bill C-377, Conservative legislation that promised to upset existing labour relations and did just that. It ignored the fact that union financial disclosure, which they continually talk about, is already addressed in the Canada Labour Code and many provincial labour statutes. It failed to recognize that Bill C-377 is discriminatory against unions and ignores other types of organizations. It is one of those pick and choose options, which was very typical of the previous government. Why were professional associations not part of that? They also received favourable treatment under taxation law, but no one said anything about the professional associations and promised to invade the privacy of labour organizations and their members.

Obviously, the underlying intention of Bill C-377 and Bill C-525, the other legislation being repealed by Bill C-4, was to attack organized labour. I am pleased to say, thank goodness that assault is over, which brings me to the second point.

Bill C-4 marks the end of the federal government's intentional confrontation with labour. Most who follow these matters will readily admit that Bill C-377 and Bill C-525, both brought in by the previous Conservative government, were part of a hostile attitude toward labour and labour supporters. Bill C-4 will help to set that relationship back on a positive path, something that would improve working conditions, advance productivity, help create jobs, and continue to build this great country of ours.

Of course, creating jobs, promoting innovation, and improving productivity were key planks in our Liberal platform. Moreover, our government recognizes the important role that unions play in protecting the rights of Canadian workers and in helping the middle class grow and prosper. I am pleased to add my support to this approach.

We on this side of the House are committed to fair and balanced federal labour policy, and one of those steps is what we are doing today by repealing Bill C-377 and Bill C-525. Bill C-377 had nothing to do with efficiency. There was a lot of talk about that, but it had nothing to do with efficiency. It actually created new and unnecessary red tape for unions. This happened because the government imposed new demands on workers, even though the Canada Labour Code and many provincial labour statutes already ensure financial accountability from unions. This costly by-product of a vindictive and anti-labour government put unions at a disadvantage during collective bargaining, hindering productivity at the front end of the process.

Then, just to make things worse, Bill C-525 made it more difficult for employees to unionize and easier for a bargaining agent to be decertified. This negativity, which is a continued rant on unions, took a toll on labour and the environment in which they have to function. Bill C-4 is part of our government's plan to ensure that Canada's labour laws best serve employees, and, very importantly, employers, which by extension also serves Canadians. Put another way, when labour is successful, our economy can prosper in ways that ensure prosperity is felt by each and every Canadian, not just a select few at the top of the corporate ladder.

It is also worth noting that Bill C-4 does more than stop the federal government's attack on labour; it also responds to very serious concerns expressed by experts all across Canada. For example, the Alberta union of public employees launched a constitutional challenge against Bill C-377. While the court proceedings have been temporarily suspended, given this government's stated intervention to repeal the bill, the underlying concerns remain valid. Privacy concerns were also raised by the Canadian Bar Association and the Office of the Privacy Commissioner of Canada. The CBA suggested that the bill may be subject to legal challenges on those very grounds.

Despite all of this, the previous government plunged forward with its ideologically driven legislative agenda, which showed indifference to the Canadians who were suffering and the difficulties it was creating in our economy and our country. This is just a small snapshot of the trouble prompted by the passage of Bill C-377.

Alberta, Ontario, Quebec, Manitoba, New Brunswick, Nova Scotia, and Prince Edward Island are all on the record as opposing Bill C-377. Those seven provinces, bastions of manufacturing, resource extraction, hospitality and tourism, and countless other sectors that are vital to GDP maintenance and growth, all called on the previous federal government to stop the assault against labour.

Let us stop to think about the fact that seven of our ten provinces were actively opposing this and the Conservative government did not care. It did not matter to the Conservatives. They had their own ideology, and that is what they were working with. These seven premiers specifically raised concerns that Bill C-377 encroached upon their jurisdiction over labour issues. They also criticized the bill for potentially destabilizing their labour relations environment, particularly with respect to collective bargaining processes. These premiers know that kicking labour does nothing to advance job creation or industrial growth or relationships.

Three of the provinces, Ontario, New Brunswick and Nova Scotia, also criticized Bill C-377 for eroding the privacy rights of union members and expressed concerns that it would create an unnecessary burden on labour organizations. These premiers understand the added dangers of more red tape.

However, Bill C-377 was not the only problem with the labour agenda of the Conservatives. Sadly, for a government that pretended to have a strong fiscal management style, much was lacking in its approach. It could be argued that multiple recessions, waning consumer confidence, and shaky job numbers all bore witness to clear Conservative fiscal failures.

Bill C-525 was equally problematic for many stakeholders. A number of labour organizations, such as the CLC, Unifor, the Air Line Pilots Association, the Canadian Union of Public Employees, and the Public Service Alliance of Canada, all expressed opposition to Bill C-525, arguing that the card check certification model is quicker, more efficient, and more likely to be free of employer interference.

However, good governance was not the goal of Bill C-377 or Bill C-525, which is why Liberals in the Senate and the House opposed the legislation. Of course, debate is healthy and something we want to see happen, especially when it comes to any measure that impacts such a large section of society. Unfortunately, the process used to pass Bill C-525 did not allow debate to surface. That is because the previous Conservative government introduced their agenda in Bill C-525 via a private member's bill rather than government legislation. If the government is serious about doing something, it introduces its own legislation; it does not do it through a back door via a private member's bill. This may seem like a nuance, but the tactic is not without compromise and consequences. Government legislation is introduced after public consultation and outreach. A private member's bill comes with no such effort, and it shows in the diminished quality of the statute.

Bill C-377 and Bill C-525 are faulty and they are hurting the economy. Bill C-4 would repeal them, because we need to make sure that labour has the tools it needs as well for success.

All labour organizations in Canada, including even the smallest locals and national unions, labour councils, federations of labour and other umbrella organizations, as well as intermediate organizations, were left out of the process by the previous government. The Parliamentary Budget Officer has said that more than 18,000 labour entities would be affected by the implementation of Bill C-377 and Bill C-525, yet the government of the day locked them all out of the process. That is wrong. Bill C-4 would make things right again.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Madam Speaker, I listened with interest to my colleague's comments. Her comments that struck me the most strange were her repeated references to the back door, referring to members of Parliament using private members' legislation to advance a cause that is important.

I have had the privilege and honour of having two pieces of private members' legislation passed in the House in the last 10 years, and at no time did I or any of the people supporting my initiatives consider the method I used as back door. It is demeaning to every member in the House to consider private members' legislation a back door. This is the basis of our democracy in Canada, and it is a real disservice to have repeated references to this as a back door by the member and the previous member.

Let me get more to the point of Bill C-4 and what it would do in terms of repealing some of the initiatives that our government undertook. In terms of accountability, we know, just recently during the election, that there were a number of times when the Liberal government actually had unions pay their members to come to announcements. I do not believe that most of the union members were aware of that. The bills we put forward to enact more transparency would have addressed that.

Why does the member think it is not important for union members to know how their dollars are being spent?

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

Madam Speaker, let me begin by recognizing the great work that my colleague on the other side of the House did with those particular bills to which he referred. Those bills were supported by almost everybody in the House.

However, there is a big difference between introducing the kinds of private members' bills that he did versus something that would affect labour movement throughout our country. Private members' bills, for those who are new here, are wonderful tools members' can use to advance issues they care about. However, changing the rules of labour legislation across the country is not the kind of thing that would get done through private members' bills.

I happen to have Local 183 in my riding, a major labour union. I talk to many of the rank and file folks about these issues, not just the leadership at the top. They understand what Bill C-377 and Bill C-525 do, and they are totally opposed to them. They want to make sure that they have the right and opportunity to continue to enjoy pensions, the great health care benefits they have, and the wonderful things that their families get to enjoy as a result of their participation in an active, strong union.

[Erin Weir, NDP, Regina—Lewvan, SK]

Madam Speaker, the hon. member for Humber River—Black Creek made an excellent point when she said that some of the anti-worker legislation passed by the former Conservative government interfered with provincial jurisdiction over labour relations.

I wonder, though, whether the member could explain if the Liberal Party's new-found respect for the provinces and for working people extends to the field of pensions. During the election campaign, the Liberal Party talked about improving the Canada pension plan. When the Minister of Finance met with the provinces, he found that almost all of them were in favour of doing so. Only the right-wing governments of Brad Wall and Christy Clark objected, and yet the hon. finance minister seems to have let the Canada pension plan fall by the wayside.

I wonder if the member for Humber River—Black Creek could recommit to improving Canada pension plan benefits for working people in our great country.

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

Madam Speaker, I thank my colleague for his interest in the issue of pensions.

I was the critic at one point on the issue of pensions when I was on the other side of the House, and I did a lot of work on the issue. It is an important issue for Canadians. We want to make sure they have pensions. At that time there were concerns over bankruptcy and insolvency and what would happen to companies with unfunded liabilities. There are a lot of complexities in the pension file, but it is extremely important that we take action.

We have been in government for just over 100 days and we have already done an amazing number of things through the leadership of our Prime Minister. My colleague should be patient. Changes to the Canada pension plan need to happen, and I do hope they happen. I am quite confident that in the future the member will see a variety of changes to our pension plan that will make it better for all Canadians.

[Francis Drouin, Liberal, Glengarry—Prescott—Russell, ON]

Madam Speaker, one of the questions and comments that we continually hear from the official opposition across the aisle is that there is no broad support by the membership for unions. I can assure the House that I have not received one phone call, one email, or any correspondence against Bill C-4.

I would like to ask if my hon. colleague could comment on that. Has she received any correspondence from her constituents against Bill C-4?

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

Madam Speaker, no I have not. What I did receive from another major carpenters' union, Local 27 in Toronto, was its concern about what this would do to the membership, the undermining of unions.

If we look at all of that and tie it back into the previous question on the provinces, we see that building and advancing a country is about working together. That means we have to work together with our provinces. Whether we are talking about labour issues or pension issues, our new government's relationship with our provinces now is on a very positive upswing, versus the previous government that rarely met with any of the provincial leaders. Certainly the prime minister did not have ministers meetings. Those are really important opportunities for us to share knowledge and information with each other, but to be able to advance Canada's agenda we need to have the provinces on side. They were not on side with Bill C-377.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, my riding of Sarnia—Lambton has a very large construction union workforce. It is one of the best in North America, certainly top notch in safety, quality, and productivity. During the campaign, I spoke to many of the members, the union workers as well as the leadership, and I did not have the same experience as the member across the aisle. They understood the importance of the transparency and accountability that were coming from Bill C-377 and Bill C-525. Their concerns were more about minor modifications that they wanted to see in terms of the onerous paperwork they were complaining about for items over $5,000 and also the political participation documentation. On Bill C-525, their only objection was that they wanted to make sure that, when people showed up to vote, only the people who showed up to vote had their votes counted as a percentage.

Therefore, in terms of the worker support, they understood that there was something good in these bills to protect their rights in transparency and accountability. The government is eliminating it without providing any other mechanism to address those concerns. My question for the member is this. What mechanisms is she going to put in place to ensure transparency and accountability?