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 Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, when I look at Bill C-377, I look at the issue of transparency and accountability. I think the members of the previous government did a very good job at making sure that the union members were aware of where their money was going and how it was being spent. This was what it was about. I do not begrudge that.

I find it kind of funny that the hon. member would be talking about polling, and our polling, when in fact they are the ones who do most of the polling to find out exactly how people are thinking.

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

Mr. Speaker, I am not anti-union. My father was a CAW worker for 35 years, my mother and daughter are both part of the teachers' union, and I was married to a welder from Local 663.

However, many union workers before Bill C-377 were upset that many unions received their member dues and were spending them to support the NDP without a secret ballot to get a majority vote.

My question for the member is: Does he see anything in Bill C-4 that would protect the rights of union members?

[John Brassard, Conservative, Barrie—Innisfil, ON]

Mr. Speaker, I do not see anything that would protect the rights of union members. In fact, in a lot of cases, the money that is being spent by union leaders across this country is really unknown, and not even at the grassroots union membership level do they have the ability to find that information out.

I would also suggest that one of the challenges with this is the fact that a lot of the money that is being spent is not going to who the actual union members are supporting. It is actually going to other parties that those union workers do not support.

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

Mr. Speaker, it is a pleasure to join in this debate today.

Governing is all about seeking a balance between things like the environment and the economy, between one part of the country and another, between social and economic values, and between labour and business.

I do not believe there has been any government in recent history that has thrown so many things out of balance, allowing ideology to trump evidence and political expediency to replace due process, than the previous Conservative government. Such has been the case in its actions towards labour relations and workers' rights in this country.

After years of attacks on fundamental labour rights, it is very gratifying that one of the first acts our government is doing is restoring fair and balanced labour laws that respect the integral role played by unions and their importance to a strong middle class and a fair and prosperous society.

Labour law systems are very complex. The ones that work well are based on a delicate balance between the interests of labour and management that must be respected if and when reforms are made. The federal labour relations system is well regarded and supported by both labour and employers, as the result of a genuine and proven consultative and consensus process that has been followed for decades in amending labour laws.

One of the most comprehensive changes in recent history to part I of the Canada Labour Code was the result of a full consultative process. It was chaired by the well-respected labour neutral, Andrew Sims, who produced a report entitled “Seeking a Balance”. Mr. Sims said that if labour law is to be changed, it should be because of two things. It should be because there is a demonstrated need due to the legislation no longer working or serving the public's interest, or done on a consensus basis.

There are perhaps no greater examples of how the previous government showed contempt for these principles and upset the labour relations balance than the two private members' bills that Bill C-4 seeks to repeal. Bill C-377 and Bill C-525 were deeply ideological and highly partisan pieces of legislation that served no public good or policy objective. Their sole purpose was to diminish and weaken the labour movement in this country.

These types of labour policies, based on ideology rather than evidence, produce unstable labour laws that hurt, not help, the interests of employers, employees, and the economy in the long term.

Bill C-377 was badly crafted and is fundamentally flawed legislation that made unprecedented and unwarranted disclosure about unions and their members, as well as other organizations that do business with unions, based on no demonstrated need for this law.

Constitutional experts have said it was unconstitutional. Privacy experts believe it will violate privacy rights of millions of Canadians. Seven provinces, representing more than 80% of Canada's population, opposed it, as it interferes with provincial jurisdiction over labour relations.

Even well-respected Conservatives such as retired Senator Hugh Segal said it was “badly drafted legislation, flawed, unconstitutional and technically incompetent”.

Both the current and previous Privacy Commissioners said that the bill was a serious breach of privacy in their testimony at the House and at Senate committees. Past privacy commissioner, Jennifer Stoddart, said quite clearly that Bill C-377 was a “a serious breach of privacy.”

The current Privacy Commissioner, Daniel Therrien, said more bluntly that he thought the bill goes too far. In his words, a balance should be struck between transparency, which is an important value, and privacy, which is a value that is also just as important, something Bill C-377 failed to do.

To prove how unfair and unbalanced this bill is, let me share a short story. In 2012, I wrote to the Canada Revenue Agency and asked if they could provide the same information on its employees that Bill C-377 was asking of labour organizations. Its response was that it could not provide the information. The information I received from CRA is that the Privacy Act precludes the CRA from disclosing personal information about its employees. Therefore, CRA, the agency that was set to enforce this law, could not comply with exactly what was being asked of organized labour, of unions, though the passage of Bill C-377.

The second piece of legislation that Bill C-4 will repeal is Bill C-525, the Employees' Voting Rights Act. Like Bill C-377, there was never any evidence provided in support of its need. It was simply another solution in search of a problem. Politically motivated and ideologically based, its sole goal was to make it harder for unions to certify and easier for unions to decertify.

The sponsor of the bill, the member for Red Deer—Lacombe, claimed that the bill was needed because of the “mountain of complaints” regarding union coercion of workers during union certification campaigns.

He said the following in Hansard:

When we hear one person complain about the actions of union organizers, that can be dismissed as a one-off situation. However when we see the mountain of complaints that end up at the labour relations board, it is concerning to me.

That is a serious claim.

Many members might be surprised that when the chair of the Canada Industrial Relations Board appeared before committee during study of the bill, she said that out of 4,000 decisions rendered by the CIRB in the previous 10 years, there were only two complaints of unfair labour practices by unions. That is quite a mountain. She said there were actually more founded unfair labour practice complaints against employers rather than unions.

Bill C-525 made a significant change to the fundamental rights of workers in how they organize themselves, without evidence for its need, bypassing the established consultative process that is critical to maintaining balance in labour relations. Does anyone believe that this is a responsible and fair way for government to make laws that affect the fundamental rights of Canadians?

The previous government was intent on injecting political ideology into labour relations, to a degree that has never been witnessed before at the federal level. I believe both employers and labour would agree that this does nothing to promote harmonious labour relations and is not in the best interests of the economy or our society. Governments must always seek a balance in how they govern, and perhaps no greater place is this required than in labour relations.

The stakeholders in the federal labour sector long ago developed a proven consultative process to amend federal labour legislation. Past Liberal and Progressive Conservative governments supported such a process because it provided legislative stabilities for all stakeholders, and it worked. As a result, there existed a delicate balance that served fairly the interests of employers, unions, workers, and the Canadian economy.

Both Bill C-377 and Bill C-525 politicized that process and undermined the balance in our labour relations system. They were short-sighted labour reforms made without a legitimate consultative process, driven by ideology rather than evidence.

That is why our government is repealing Bills C-377 and C-525. We are committed to the tripartite consultative process, and it is our hope that Bill C-4 will help to re-establish what Andrew Sims said was so important to our modern labour relations regime, and that is balance.

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

Mr. Speaker, I listened carefully to the speech by the member for Cape Breton—Canso, whom I salute.

I would like to point out that, unlike three of his colleagues this morning, he did not mention the backroom or back-door bill issue.

The two bills which were introduced in past legislation were identified this morning by three Liberal members as “back-door bills”.

I am sorry, but everybody here entered by the front door, not by the back door.

Like 151 of his colleagues, the member is not in the cabinet. Does that mean that the government and the 151 members will not introduce bills, because they would be back-door bills?

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Mr. Speaker, I appreciate the comment and the question.

To suggest that we as a party do not believe in private members' bills would be very dishonest. However, to pretend that these bills were private members' bills is wrong. The members who presented them were like the Milli Vanilli of legislators. They lip-synched the bills.

Check the lobby registry. See how many times the Merit contractors were in and out of the Prime Minister's Office. The PMO's fingerprints were all over both pieces of legislation. To even disguise them as private members' bills is a disservice to private members' legislation.

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Mr. Speaker, the hon. member is as passionate speaker and a defender of rights. I am glad that this side of the House looks at labour, labour unions, and generally employees as people to be protected. We have had so many incidents of employees losing their protection, whether it was through bankruptcy, moving, contractual labour, or contracting labour out.

I would like the member's opinion on why the previous government was so hell-bent on making such an unpleasant environment for the labour unions, and employees in general.

[Rodger Cuzner, Liberal, Cape Breton—Canso, NS]

Mr. Speaker, I think it is unfair to ask me to look inside the mind of the past government to figure out why the Conservatives wanted to do what they did.

However, it is great to have my colleague back in the House, and she has summed it up. There has been no government in this country that has had organized labour in its crosshairs like the past Conservative government.

We have seen record use of back-to-work legislation. We have seen changes to labour legislation, with the labour laws of this country being changed within 400-page omnibus bills. We saw the change to the definition of “danger” being slid into an omnibus bill. Practices that have long served this country, such as a tripartite consultative consensus-building process, which is to the benefit of Canadian workers, were run over roughshod, and these two pieces of legislation are just two examples.

We saw an obvious attack on organized labour over the tenure of the last government. Why? I do not know if it was part of that divide and conquer, with one group against another in the bigger scheme of things. However, obviously it was one that did not work out well for that Conservative government.

[Rémi Massé, Liberal, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, our government is determined to restore fair and responsible labour policies in Canada because unions and employers play an important role in protecting the rights of Canadian workers. They help make the middle class more accessible and help it to grow.

We need to work with labour organizations, not against them. That is why we have kept our promise and that is why I invite every member of the House to support this important bill.

We introduced Bill C-4, which repeals the legislative changes made under Bill C-377 and Bill C-525. That is an excellent decision.

Unions and labour organizations have expressed strong opposition to these two laws since they were introduced in Parliament. In spite of everything, obviously, some people may oppose Bill C-4. We are prepared to listen to the concerns of all of the parties involved.

However, I would like to be proactive and explain to the members here today that, despite what some may think, Bill C-4 will be good for labour relations across Canada. Certain supporters of Bill C-377 indicated that it was necessary to improve union financial transparency. They also said that it was necessary to ensure public access to information on union spending, given the favourable treatment that unions receive under taxation law.

However, these arguments do not hold water. Section 110 of the Canada Labour Code already requires unions to provide financial statements to their members free of charge upon request. What is more, provincial labour statutes include similar requirements. Also, the onerous disclosure requirements apply only to labour organizations and labour trusts. They do not apply to other groups that also benefit from special tax breaks under the Income Tax Act. This practice discriminates against unions.

I realize that some provinces have raised questions about repealing Bill C-377. British Columbia's finance minister wrote to the Senate to express his support for this bill. He said there was merit in increasing union transparency, since unions receive tax advantages. However, as I said, these onerous disclosure requirements discriminate against unions, and British Columbia's opinion is not shared by the majority.

Seven provinces came out against Bill C-377, claiming that it encroached on their jurisdictions. These provinces are Quebec, New Brunswick, Alberta, Manitoba, Ontario, Prince Edward Island, and Nova Scotia.

As for Bill C-525, employers and other stakeholders who support union certification by secret ballot could be displeased. They do not need to worry, though, since the previous card check system for sectors under federal jurisdiction was successful for many years. This system is still used in many provinces.

As for Federally Regulated Employers, Transportation and Communications, some non-unionized members could have a problem with the repeal of Bill C-525. They could be concerned that this bill is being repealed but stakeholders have not been consulted.

I want to reassure them. We are doing this because we want to listen to all of the stakeholders. By repealing the legislative changes made by Bill C-377 and Bill C-525, we will simply go back to the way things were so that we can start over again. We will do more than our predecessors and ensure that all stakeholders are properly consulted before any changes are made to federal laws and policies.

We aim to restore a climate of co-operation and develop evidence-based policies. All parties must participate in a constructive manner.

We will use genuine consultations as the basis for developing labour policies that will make Canadian workers and employers more prosperous and improve the economy overall. Those are just some of the ways that Bill C-4 will be good for labour relations and, as a result, our economy.

It is clear that repealing the changes made by Bills C-377 and C-525 is the sensible thing to do. We are listening and acting respectfully. Our government made a commitment to enhancing Canadians' economic and social security, and that is what we are doing.

In my riding, Avignon—La Mitis—Matane—Matapédia, employers, unionized workers and unions have joined forces to defend our region's interests.

In a remote region such as ours, it can be hard for workers and people in general to make their voices heard. Mainstream media do not often talk about what is going on in our regions, but we are coping with major issues too. I would like to share a personal and professional experience. In the fall of 2014, when my region was contending with major cuts in several sectors of our economy, we got word that Quebec CEGEPs were slated for yet another round of cuts. At the time, I was the executive director of the CEGEP de Matane. Management and employees alike felt powerless to do anything about all of the budget cuts, which were going to result in job losses, raise the unemployment rate, which was already three times higher than the Canadian average, and exacerbate a very difficult economic situation. Rather than endure the cuts alone, I decided to get all of the CEGEP employees and their union representatives together, and I put an unusual idea to them. I suggested holding a two-day retreat to discuss the repercussions of the cuts in the region with relevant experts and donating the equivalent of two days' salary to the CEGEP de Matane foundation. In return, I promised not to cut a single job. The goal was to mitigate the cuts and clearly demonstrate our commitment to our community, our workers, and our CEGEP.

In an unprecedented expression of solidarity, all the employees, their union representatives, their union, and the entire student population supported this initiative. We had two days dedicated to reflection, and we all contributed two days' salary to the CEGEP de Matane foundation. We mobilized a number of local socio-economic stakeholders who joined forces to defend the interests of our workers and our region.

Division never serves the community. It is time to come together and develop a relationship of trust with our workers. Together, we can create real, positive change.

[Brigitte Sansoucy, NDP, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I thank my colleague for his presentation. People in my riding are also thinking about the repercussions of employees' working conditions. On January 29, 2016, a group called SOS Pauvreté presented a brief on this issue.

According to the brief, having a job does not guarantee that one will not experience poverty. Introducing bills on working conditions is great, but in the context of the labour policy reforms promised by the Liberals, is the government prepared to commit to restoring a fair federal minimum wage, in order to ensure that, in all regions, working is never synonymous with poverty?

[Rémi Massé, Liberal, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, I would like to thank my colleague from Saint-Hyacinthe—Bagot for her question. The economic well-being of our regions is a concern for our government.

As I said earlier, the economic situation in our regions is very difficult, and the unemployment rate is very high. By working together to make the investments in our regions that we promised during the campaign and by investing in infrastructure, we will create good, well-paying jobs in order to support our families. In recent weeks we have made various commitments and announcements with respect to fostering the development of our regional economies. I am very proud to be involved in this type of initiative.

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

Mr. Speaker, I would like to ask the member a question about secret ballots. All of us in the House were elected by secret ballot. As a matter of principle, I think we understand why secret ballots are important, because they allow people to exercise their political choices free from fear of intimidation or pressure. Therefore, as they wish, people can either be public or private about their political opinions. If we accept that principle for the people who choose their representatives in the House, then why would the hon. member not support ensuring that we have secret ballots in union elections as well?

[Rémi Massé, Liberal, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, my opposition colleague knows that the card check system ensures automatic accreditation without a vote.

The union can also prove that it received a signed membership card from a majority of the unit members or employees. It is important to know that this does not eliminate the possibility of having a secret ballot. There is provision for this type of mechanism, and it can exist under the current process.

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

Mr. Speaker, I appreciate the words of wisdom from my colleague.

I would ask him to provide some comment on the importance of working with labour and management, and whether the best way to have a productive workforce is to work co-operatively.

When the bills were brought in as private members' bills, there was a great deal of concern that they had absolutely no government connection, and that there were no discussions or consultations. That is one of the reasons we have to rectify the wrong that the previous government did when bringing the legislation in a couple of years back.

Could the member speak to the importance of consultations and working with labour and management, as well as how it would benefit Canadians to do so?

[Rémi Massé, Liberal, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, my colleague asked an excellent question.

I was a unionized employee of the federal government and various organizations for many years. In recent years, I worked with union associations and union representatives. The key to developing an organization, no matter what kind, is to work together with the union representatives, the unions, management and employers in order to develop excellent collaboration that will advance our files and our organizations. Attempting to sow division will not help advance files and initiatives and develop our economy. By having employers, union members, and unions work together, we can build our country in a constructive manner and develop our economy.