This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.
MaryAnn Mihychuk Liberal
This bill has received Royal Assent and is now law.
This is from the published 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.
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.
Kelly Block Conservative Carlton Trail—Eagle Creek, SK
Mr. Speaker, I want to thank all of my colleagues on this side of the House for the clarity they have brought to this debate.
It is clear that Bill C-4 goes against the principles of transparency and accountability and against the wishes of many union members themselves. I am wondering if my hon. colleague would comment further on this.
Kevin Sorenson Conservative Battle River—Crowfoot, AB
Madam Speaker, it is a pleasure to be here. For the people who are watching from home, it is a bad day in Ottawa outside of this place. The snow is falling and they are predicting over a foot of snow here. Traffic has come to a halt almost, yet it is warm in here.
We are discussing Bill C-4, and it is always a pleasure when we can stand and debate the issues.
It is kind of a bad day in here as well for the governing party. One of the first things the Liberals did was take away the First Nations Financial Transparency Act. The second thing they did was pull our troops out of the war against ISIL. Now they have Bill C-4.
The majority of people in my riding of Battle River—Crowfoot would oppose Bill C-4.
Bill C-4 is 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. As we have already heard today, the previous Conservative government already passed amendments to the Labour Code and these three statutes.
The amendments improved two key laws on democracy and union transparency. Bill C-377 provided more accountability for union leaders. Bill C-525 required the holding of a secret ballot for the creation or abolition of trade unions. Now the Liberal government is saying, who needs secret ballots?
What about accountability? The Liberals have never liked accountability. That is why it was up to the Conservative Party to move the Federal Accountability Act as our first measure when we formed government.
As a government, we stood up on behalf of union workers. I remember the day the member brought this forward as a private member's bill. He came around and spoke to us. He talked about the union workers who had said they were having difficulty getting that type of accountability or knowing where their money was being spent.
Everyone knows that some Canadian workers are forced to pay union dues. Until the previous government took action, union bosses, those people who are in charge of the management of a union, did not consult the workers about decisions they had made on behalf of them. Union bosses were not held accountable for their management of the union dues they collected. There was a lack of transparency and accountability when it came to the actions involving where those dollars were to be spent.
There were no rules or regulations that said that the leadership was under any obligation to open the books so union members could see for themselves the various ways that the union leaders were spending union dues. Canadians could not see how much money was raised by any given union. Canadians could not see how any given union was spending its money. It was one big secret.
Sometimes the secrecy extended to union members themselves. They could not see the books of their own union. Some unions would allow members to see the books at a union meeting. Sometimes one had to ask to see the books of one's own union. Imagine anyone doing that. In all honesty, imagine a worker risking being blackballed by the union. The union could very well ask members why they wanted to see that, what they wanted, and what they were looking for. It could ask if there was there something that was bothering them or ask why they needed the information because nobody else had asked for it. Now all of a sudden the union member is the one who is almost guilty of wanting transparency. Too many union members could be intimidated to do whatever was necessary to try to see the books.
Not all union members are accountants. They do not all have commerce degrees. They are not all able to look at the books on the screen and have the union bosses stand over them, or take it home. They wanted the ability to see where some of their dollars were being spent. They may not be able to read the 100 pages of a document, while union bosses are standing over them trying to figure out what part of the document the member might want to see and for what reason he or she might want to see it.
I remember when Mr. Hiebert asked me to support the bill. He talked about the number of members who had come to him in regard to it. He had studied it. He had thought there must be more transparency than there was. He worked with opposition and government members, and he tried to drum up support for his private member's bill.
A lot of the new members across the way will find out about the process of a private member's bill. First, they will find out how difficult it is to be in that lottery and to get their name drawn, and then how difficult it is to actually work it through, especially in a majority government. I remember Mr. Russ Hiebert doing that.
I also remember union people coming in on both sides, questioning why we were doing it. I remember both union bosses and members thanking us, saying that it was about time.
The legislation he brought forward in that private member's bill lifted the veil of secrecy off the union spending. Any union member, from the comfort and safety of their home, could see their unions' books, could go through it line by line, and see where the money was being spent.
We simply made it so the leaders of the unions would make public their decisions concerning the expenditure of the union dues they had collected and any other monies that were given or raised by the union.
I think Canadians would agree that this was a fair measure. A union is a public institution. It is not a profit-chasing corporation competing in the marketplace where there may be some secrets as far as marketing their product. I think most Canadians realize that charities have to do it, as do many other different groups. It is reasonable.
The second change that the previous Conservative government made to the way that unions were run in Canada was to increase the level of democracy in how unions operated in Canada. We are a democratic country. We take very serious our democracy. We govern ourselves using the method of a secret ballot. This provides a voter with the highest level of democracy and the most freedom.
Canadians would agree that unions should also conduct their affairs at the highest level of democracy. We made the change to stop workers, union members, from having to publicly inform their colleagues whether they may actually support their union, or whether certain changes that they wanted within their union did not force them to stand up publicly when a secret ballot could really have them voice their concerns.
Our changes freed workers from pressure. Both before and during the election campaigns, unions spent millions of dollars to straight partisan ends. Union bosses can do that because they are under no obligation to tell anyone if they did. My wife is in a union; she is a registered nurse. She told me about the day, and I think it was before I was elected, when the union boss came from Edmonton to our little town and told the registered nurses how they would vote. She was sitting in the meeting. She questioned it. All of a sudden there were hums and haws, but it was intimidation. Union bosses can do that because they are under no obligation for anything.
Some unions do tell what they will do and how they are involved, but some union bosses proudly provide details of how they spend union dues fighting a political party that in some cases supported many members of that very union.
I believe, with all due respect, that the measure we are debating today is payback to the unions for them showing up when the now Prime Minister made announcements. We saw the emails. We saw them go out. They would say that Justin was in town, that they needed 100 people in the picture. I think we are now seeing some of that payback.
Other unions do say how their money is being spent. Again, we wanted to see transparency. We want to see measures brought forward so that democracy was enhanced even within the unions.
Our previous government gave union members the right to know what was going on within their union. It also gave them the right to vote. Why? Because the union is an important institution. The union, in some places, can intervene on behalf of their workers. When we do not have transparency, pretty soon we have an institution that crumbles.
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Madam Speaker, I stand here as a member of a party that does believe that anti-scab legislation works, and there are models to prove that. It works for workers and it works for communities. It also works for industry in being able to avoid the conflict and tension that comes from labour disputes all too often.
As I mentioned earlier in my speech, Bill C-4 as put forward by the government is a good first step but there is a lot more that we would like to see the government do, including the repeal of division 20 of the Conservative omnibus budget bill that attacks workers' rights to sick days, including implementing proactive pay equity legislation immediately, and looking at the need to implement anti-scab legislation.
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Madam Speaker, I am proud to rise in this House and speak to this important bill. As somebody from northern Manitoba, I am proud to come from a union town, Thompson, a proud mining town where we all know clearly how important it is to have a strong group of unions in our community. I am also proud of the role that unionized work has played in my family. My dad was a member of the important union in our community, the steelworkers, as was my grandmother. I know what it means to grow up in a household where union work means families and communities being better off.
I am also proud to rise in this House as a New Democrat. The NDP of course is a party that was born out of a labour movement, and it has always stood up for unions and the rights of Canadian workers. We have proudly voiced our fervent opposition to the former Conservative government's attempt to restrict the power of unions and to make it more difficult for workers to organize.
Unions have been a key player in the fight against inequality in our country, and they have been essential stakeholders in pressuring the government into implementing key policy changes that have benefited our entire society. From workplace safety regulations to the weekend, we must not forget the good that has come from the victories of the labour movement.
It is the labour movement, especially in a world where the middle class and the working class are shrinking in size and influence, that is a necessary counterweight to the corporate greed that has been disproportionately rising in power over the last three decades. Therefore, it will come as no surprise that I rise in this House along with my colleagues to express our support 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. We welcome the actions taken by the government and will continue to fight for the rights of working people who were undermined by the previous government for so long.
Bill C-4 would repeal two pieces of legislation, Bills C-377 and C-525, that were pushed through by the Conservative government in the last Parliament. These two anti-union bills were designed to make it harder for Canadians to join unions in the federal sector as well as to fundamentally weaken the power of unions by forcing redundant and unreasonable financial reporting. Both bills have been met with widespread opposition and criticism from many groups, including constitutional and privacy experts, the provinces, Conservative and Liberal senators, Canada's Privacy Commissioner, the Canadian Bar Association, and, of course, hard-working union members and workers across the country.
Bill C-377 forced unions to file information on the Internet about the salaries of their members as well as the unions' labour and political relations and activities. This bill was put forth by the Conservatives under the guise of increased transparency, they said. However, it is crucial to note the fact that unions are already required to make their financial information available to all their members. Furthermore, the NDP as well as the Privacy Commissioner of Canada believe that the bill goes against the Canadian Charter of Rights and Freedoms. It violates the right of freedom of association and the private lives of all who are members of a union. In addition, Bill C-377 would cost Canadian taxpayers an estimated $21 million just to establish an electronic database needed to store this information about union members, and it would cost the Canadian public $2.1 million each year after that. By repealing this piece of legislation, it goes without saying that both the Government of Canada as well as unions themselves would be able to save millions of dollars annually.
Bill C-525 proposed to drastically change the process through which unions under federal jurisdiction become certified. The bill increased the number of membership cards needed to certify a union and eliminated the possibility of forming a union through a majority card check. Prior to this legislation, a union was automatically certified if more than 50% of its employees signed a card indicating that they wanted to be part of a union. However, Bill C-525 outlawed this process. Because of this, the bill makes it harder for workers to unionize while making it easier for unions to be decertified. As such, Bill C-525 leaves workers vulnerable to intimidation by employers or third party members.
Yes, Bill C-4 would be a step in the right direction, but there is still much work to be done to ensure the rights of workers and improve working conditions for all Canadians.
Now I want to acknowledge the fundamental role that unions play in Canadian society through the protection of Canadian workers, the promotion of health and safety in our workplaces, and the role they play as the collective democratic voice for working people. I want to stress the fundamental importance of unions in providing education about workers' rights and standing up against workplace bullying and harassment.
Unions have been trailblazers when it comes to ending all forms of discrimination. They have been at the forefront of fighting for women's rights, LGBTQ rights, and the rights of racialized and indigenous peoples. They contribute to democracy by giving workers collective bargaining power, thereby lowering inequality in our country.
Furthermore, a new study done by the International Monetary Fund, perhaps an unusual source for such information, indicates how increases in income inequality can be directly linked to the decline of rates of unionization. This is particularly shocking considering the IMF has actually contributed to decreased levels of unionization itself.
Moreover, a decline in unionization correlates to weaker employment laws, leaving workers vulnerable in terms of their rights and more open to exploitation. Unionization helps to equalize the distribution of wages. Higher wages negotiated by unions inject an additional $786 million into the Canadian economy each year. On average, the hourly wage of a unionized worker is $5 higher than that of a non-unionized worker. For women, that difference goes up to $6.65 an hour. Because of this, it is paramount that the importance of unions be recognized and respected accordingly.
As previously expressed, Bill C-4 is a good first step, but New Democrats are disappointed that some major actions are missing from this bill. The NDP will continue to push the government to restore good faith bargaining with public service workers, starting the repeal of division 20 of the Conservative omnibus budget bill, Bill C-59, that attacks a worker's right to sick days.
Furthermore, New Democrats call upon the government to reinstate a federal minimum wage and to adopt anti-scab and proactive pay equity legislation immediately. The NDP will also push the government to repeal former Bill C-4 rather than just review it. This contentious legislation has been called unconstitutional, as pointed out by many, and is said to stack the deck in the government's favour by undermining fair collective bargaining.
I wish to thank all the workers, union members, labour activists, and advocates who made the repeal of these pieces of anti-union legislation possible. As a member of Parliament for the NDP, as well as the critic for jobs, employment and workplace development, it is important for me to show solidarity for our union brothers and sisters.
All those who believe that unionization is outdated need only look at how productivity gains have been divided between labour and capital over the past 30 years or so. Nowadays, capital compensation is completely out of proportion with performance, compared to the low pay labour receives. Speculation is valued more than the production of goods and services. This trend has increased in proportion with the decrease in the rate of unionization in society.
As I reiterate my support for this bill, I would like to send a clear message to the government. The structural problems that the middle class and workers in Canada are facing go beyond the scope of this bill. The fight against inequality requires a structural review of government operations, and the country is counting on the new government to do just that.
Harold Albrecht Conservative Kitchener—Conestoga, ON
Madam Speaker, I am glad to have the opportunity to rise in the House today on behalf of the many union members who live in my great riding of Kitchener—Conestoga. My riding is home to many union members. In fact, many of my good friends and family are union members.
The Liberal Party would have Canadians believe that the Conservative Party of Canada is anti-union. That is ludicrous. We on this side of the House are pro-worker, pro-accountability, and pro-transparency. Bill C-525 and Bill C-377, introduced by the previous government, made much headway in increasing both union member and non-union member confidence in unions.
One of the things I found troubling earlier this morning was my colleagues' statements on the opposite side of the House that the introduction of our legislation as two private members' bills was a back-door method of legislation. On this side of the House, we value all our members in the House, backbenchers and front benchers. Our government's record on private member's bills is better than any previous government's. The two private member's pieces of legislation that I was privileged to introduce were debated in the House and then passed into law. I will forever be grateful that as a private member I had the opportunity to introduce those bills and to see the support for them in the House and to know that they are now part of our government's legislation.
As a brief summary of the legislation the Liberal government is planning to repeal via Bill C-4, Bill C-525, the Employees' Voting Rights Act, was introduced by my hard-working colleague, the member for Red Deer—Lacombe. The legislation made it mandatory that a secret ballot be conducted for the accreditation or revocation of a trade union, rather than the automatic certification of a union when a majority of employees, 50% plus one, sign their membership card. The legislation strikes a balance by creating the same process when it comes to unionizing a workplace and to revoking a union according to the employee wishes. The decision of whether to unionize rests with the employees, not with the union and not with the employer.
I would like to pose a few questions to my colleagues across the floor. First, why is the Liberal government so against secret ballot voting? We know that the Public Service Alliance of Canada, or PSAC, stated at the committee charged with studying Bill C-525 that it uses secret ballot votes for internal elections and for the ratification of settlement agreements from collective bargaining. The president of PSAC, Robyn Benson had this to say:
Contrary to what you may have heard, PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action, as examples.
Furthermore, when asked if she believed that if there were to be a secret ballot vote, it should be 50% plus one of all employees, not just those present, her answer was yes, that she agreed.
Every member in the House was elected by a secret ballot vote, and on election day as nominees we are not allowed to stand beside the voting booth to tell voters to cast a ballot in our favour. I believe the hard-working men and women, my friends, union members from Kitchener-Conestoga, deserve the same privilege that we give to all constituents in our riding on federal election day, a free and secret vote. Without this commitment, employees who have not signed their membership card may not even be aware that a union certification drive is in process, and they may not be in favour of that union or its representatives.
One question that arises is whether it is even fair for them not to be consulted, since they must pay union dues and be members of the union. Another question is whether employees had signed their union card free of intimidation.
It is clear to me that allowing secret ballot voting is very common sense. However, do not just take my word for it. Here are a few others who support this legislation. The Canadian Federation of Independent Business clearly pointed out that “As secret ballot votes are a cornerstone of our democracy, if the process is good enough to elect our politicians, it should be good enough to form a union.”
Everyone in the House knows how important small and medium-sized business is to the engine of the economy of Canada, and the Canadian Federation of independent Business speaks very clearly on behalf of the workers in those businesses.
The Federally Regulated Employers—Transportation and Communications group testified that it and its members also support Bill C-525.
John Mortimer, the president of the Canadian LabourWatch Association, expressed his support on behalf of his organization for Bill C-525 for many reasons, including the fact that sometimes employees are victims of inappropriate tactics and are given the wrong information so that they will sign their membership card. For example, some employees sign their card without knowing the true result, which is the unionization of their workplace.
The Canadian LabourWatch Association also commissioned a poll of unionized and formerly unionized workers, which was very helpful. It found that 86% support secret ballot voting for union accreditation.
I could go on. However, let me just quote Merit Canada. It pointed out that the old system under which employees expressed support for its union's certification by signing their membership card resulted in intimidation and manipulation by both union organizers and management.
I hope that my colleagues from the Liberal Party do not support the manipulation and intimidation of hard-working Canadians.
Bill C-525's asking for a secret ballot is just plain common sense and the very cornerstone of modern democracy, as has been pointed out many times today.
Moving now to Bill C-377, what is the Liberal government trying to accomplish by giving a free pass to unions with respect to its financial transparency?
Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), introduced by my former colleague the previous member for South Surrey—White Rock—Cloverdale, would extend the principle of public disclosure to a group of institutions that enjoy substantial public benefits, in other words, labour organizations. The basic premise of the bill is that every labour organization in Canada will file a standard set of financials each year, which will then be posted on the CRA website, much like Canadian charities already do.
These bills are common sense and, as members will hear during the remainder of my remarks, are what Canadians want. I do not understand why the current Liberal government has decided to repeal these laws that increase confidence in and the integrity of our unions as one of its first acts in this Parliament.
While I think this is common sense, let us also hear from others.
In a Leger survey conducted in 2013, consisting of 1,400 respondents, not only did 83% of Canadians surveyed indicate they wanted public disclosure but 84% of current union members surveyed also said they wanted public disclosure.
Furthermore, the Canadian Taxpayers Federation supported this piece of legislation. It said that similar legislation has been in place for charities for many years and that there ought to be treatment of labour organizations analogous to that of charities.
The Quebec Employers Council also welcomed Bill C-377, citing that it is appropriate to make public the amount of dues that workers are required to pay, and which involve significant tax advantages, as well as the manner in which they are used.
This bill is actually about public disclosure, and this is a very positive step forward for unions and Canadian workers. Public disclosure will demonstrate that labour organizations spend their money wisely, effectively, and obtain good value for members' dues. This bill does not tell unions how to spend their money or restrict them in any way.
In my province of Ontario we have what we call the “sunshine list”, which makes public a list of all publicly funded employees who make over $100,000. In addition, salaries, benefits and office expenses of members of Parliament, MLAs, and others are also easy to obtain online.
Because union directors are also publicly funded through the mandatory union dues of all of their members, it only makes sense that union leaders in positions of authority and employees of the union earning more than $100,000 will have to disclose their earnings.
It is also important to recognize that the salaries of many Canadian union leaders are already published online in the United States. The U.S. has had legislation requiring public disclosure since 1959, before many of my colleagues in the House were even born. The Liberals would have us travel back in time and limit this form of accountability.
The actions that Bill C-4 is bringing into effect would not increase the confidence that Canadians have in our unions and our leadership, and it is important that we oppose the bill at every opportunity.
Erin O'Toole Conservative Durham, ON
Madam Speaker, the member always has very insightful questions in this House.
I cannot put myself in the shoes of the new government, and I certainly would not want to be in those shoes. However, if we look at the first 100 days—and there is a snazzy video out on the first 100 days—we can see the legislative agenda.
Bill C-1 is a formulaic administration-of-oaths bill; Bill C-2 was tax increases and the elimination of the TFSA; Bill C-3 was a massive injection of spending, in large part to cover a promise on the Syrian refugee resettlement; Bill C-4 is the unwinding of labour modernization from the previous Parliament, clearly a quid pro quo for support during the election; and Bill C-5 is undoing the sick day negotiation with the public service.
If we look at the legislative agenda of the new government in the first 100 days, it is tax, spend, and support the friends who got them into office. Contrast that with the previous government's first 100 days. There was the Federal Accountability Act, child care benefits for all families, and a GST reduction. It was about giving back to Canadians, not taking away.
Erin O'Toole Conservative Durham, ON
Madam Speaker, that is a very good question that my friend asked.
The question is simple. Any organization that the Government of Canada has given tax-exempt status to or requires Canadians to pay, by compulsion, dues or taxes or levies should know, at a fundamental level, and be able to see how that money is spent.
To bring it home to the hon. member, I am sitting in this Parliament a few years earlier than I intended in large part because the previous MP had some issues with spending disclosures. Orange juice or other things were not disclosed.
This is the era of transparency, which that side uses as a term, from time to time, but in its first 100 days would remove that same basic transparency, in Bill C-4, from the labour movement and from first nations governments. It is a step backwards.
Erin O'Toole Conservative Durham, ON
Madam Speaker, I am pleased to rise today following my good friend from Edmonton Griesbach who talked about his own personal experience with his family and as a former union member himself. I hope to contribute to the debate here on Bill C-4 today, dispel some of the myths brought to this place by some of my colleagues in government, and talk in depth about the two reforms that Bill C-4 essentially would dismantle, what I would call the modernization of the labour movement from the last Parliament that is being dismantled in Bill C-4.
However first, I am concerned when members of this place suggest that those measures being unwound in Bill C-4 are a tax on union members or a tax on the labour movement. Nothing could be further from the truth. We have heard statistics from polls that have shown that union members support the measures contained in both Bill C-525 and Bill C-377 from the last Parliament. In many ways, the labour movement is the last large portion of our society to embrace the modern concepts of transparency that are really commonplace throughout government of all levels and throughout the charitable sector. It is sad that it takes Parliament to pull the movement into this modern age of transparency and disclosure, but it was something that was supported by union members.
There is no dismantling of rights. There is no attack, and I am going to spend a few moments to talk about what those bills contain and why it is a bad public policy move to step away from these modernization efforts for the labour movement. However, more importantly, why it is not an attack is that I, like many of my colleagues, was elected to Parliament in 2012 and in the last general election by members of unions, to a large extent.
I am very proud to have some of my best door-knockers who are either former or current members of the CAW, now Unifor, working in our auto industry at General Motors in Oshawa. I am very proud to have the strong support of members of the Power Workers' Union, working both at the Darlington generating station in my riding and at the Pickering station nearby. When I ran for office I spoke to Don MacKinnon, the head of that union, who has been a very good advocate for clean and reliable nuclear energy. I rely on the expertise that a lot of leading figures in the labour movement bring to their sectors. I consulted those same members on our trade agreements when I was parliamentary secretary for international trade in the last Parliament. I am very proud to represent these people who do get benefits from belonging to their union.
We have heard many speeches about how, over the last century, the union movement has been helpful and has advocated public policy and so on. Nothing in the two bills from the last Parliament took any of that away. It is really cowardice of debate when people have to hide the real actions of Bill C-4 behind saying unions brought us health care and unions brought us weekends. Let us talk about what was in those bills from the previous Parliament and what Bill C-4 is attempting to do. Let us not wrap it up in the trappings of unions having made a large and profound impact on our society. They have, and none of these moves were right-to-work movements or banishing unions. This was about making sure of the movement, which is supported through tax exemption status, which is supported by the Rand formula, meaning dues are paid under compulsion much like taxes are. We cannot pick or choose whether we pay this out of our paycheque. That fact means that the movement needs to embrace these concepts themselves, and it is disappointing that it did not.
For people who have been following this debate at home, Bill C-4 is essentially the new Liberal government's attempt at unwinding two very modest reforms from the previous Parliament. The first is Bill C-525, which was a bill that brought essentially the secret ballot to union certification.
It is interesting that the secret ballot has been the underpinning of our parliamentary electoral process since it was brought in by the Liberal government of Prime Minister Mackenzie in 1874. I think it is now considered a fundamental element of elections in Canada, where there is a secret ballot so that people can place their X in a way they determine is best without fear of somebody watching, and without fear of repercussions.
It is essentially a basic tenet of our parliamentary democracy in Canada, yet it is somehow absurd to extend that same protection of a secret ballot to the certification vote, to truly vote how one feels is best for one's personal view. I guess by saying that it should not be there, does it mean the certification vote is somehow outside of normal tenets of democracy? That is all I can determine from some of the comments here, such as rights being taken away and attacks on the union movement.
People in Canada need to know that Bill C-525 was for the secret ballot. I am sure a lot of Canadians who do not belong to a union are probably surprised that there was no secret ballot before. This is what we are talking about.
I have heard some members say there would be intimidation by employers and that sort of thing. That is nonsense. The secret ballot is inherently secret. There is no employer there watching the vote, and the votes will not be named. Therefore, one can exercise one's democratic right to cast a ballot the way one sees fit for one's own personal views and the way one sees fit for the future of one's workforce, whether to stay in the form of a non-unionized environment or to unionize.
Really, unions should be embracing the concept of having a full and robust democratic measure as part of their originating entrance into a workplace. Why would they shy away from a secret ballot? It is a fundamental pillar for all levels of government, and the labour movement should endorse that.
Second, Bill C-4 would unwind Bill C-377, from the last Parliament. We have heard a lot of people getting very heated about that subject as well. It is similarly disappointing that such legislation had to be brought forward and that the labour movement would not itself embrace this concept.
Yet again, another Liberal government, in fact the father of the current Prime Minister, brought in access to information legislation in 1983. In subsequent years, all provincial levels of government and virtually all major municipalities have embraced this same concept of whether there would be transparency. If one pays one's taxes by compulsion, one should be able to know where that money goes and assess whether it is being well spent.
This same basic tenet extends to the charitable sector as well, which through the CRA and through its tax assistance for charitable donations, has similar responsibilities on disclosure, to allow Canadians to assess where that money was being spent. Therefore, why should one part of our society, in this case the union movement, be exempt from a generational move towards transparency?
Quite frankly, I do not understand it. With a $5,000 threshold, CRA and the Government of Canada are not looking into an organization's children's Christmas party. However, if an organization is backing a major political campaign, like the Working Families in Ontario, or sending delegates to a large convention overseas that is taking positions that would be adverse to Canadian principles, they should be able to see where that money is being spent, because the government has allowed that money to be spent on a tax-exempt basis.
Therefore, for politicians at all levels and the charitable sector, Canadians know that transparency is commonplace now. The new government mentions it on occasion. This same level of transparency has been in effect in the United States, in the brother and sister unions, since the Kennedy administration.
Therefore, with Bill C-4, two fundamental reforms that would be good for the labour movement would be withdrawn. It concerns this side of the House. Hopefully it should concern more and more Canadians.
Arnold Chan Liberal Scarborough—Agincourt, ON
Madam Speaker, I listened at some length to the member's rationale for why he opposes the government's initiatives with respect to Bill C-4, and I will reference specific comments that he made with respect to Bill C-377. In the previous Parliament, the first time that the matter was referred to the Senate, the bill was amended significantly by the Senate Tory majority, which seemed to have been opposed by the member's government at that time.
Does my friend have a comment as to why, at a time when Conservatives could not get support from their own Senate Tory colleagues, they felt the need to gut the attempts made by that caucus to make improvements to the bill?
Kerry Diotte Conservative Edmonton Griesbach, AB
Madam Speaker, there has been a lot of talk about support for unions and so forth. I grew up in a union town, Sault Ste. Marie, Ontario. My dad was a union executive, and I was very proud of him, and I was a union member myself. I find it rather offensive that just because I am a Conservative and particularly a fiscal Conservative that somehow I am anti-union or we are all anti-union. We have to realize that is just a red herring.
I am pleased to rise in this House today to stand up for good hard-working Canadians, including union members, and speak against Bill C-4. I believe, as do my Conservative colleagues, that transparency and accountability are the pillars of our policies. In fact, it was our former Conservative government that created the Federal Accountability Act, and we did not stop there. As well, we created and passed legislation to ensure unions were accountable to their members and to all Canadians. Bill C-4 would threaten accountability and transparency in labour negotiations and labour relations. All Canadians should know where their money goes and be entitled to accountability.
The member for Kildonan—St. Paul told the House the legislation reflects the Liberal government's “commitment to restore a fair and balanced approach to labour relations in this country”. However, in fact this bill would remove the balance struck between big union bosses and Canadians. Bill C-4 perhaps would better reflect the uncomfortably close relationship between the Liberal government and union bosses.
I would like to review the content of both bills that would be repealed by Bill C-4.
We are looking at Bill C-525. Bill C-525 addressed the concerns the union members themselves had with the previous card check system. The card check system allows for a workplace to be unionized without allowing all employees to express their opinion. In fact, the unionization of a workplace could occur without a significant proportion of the bargaining unit having been made aware. That is just wrong. In the current system, if a certification drive were to be conducted for a bargaining unit of 100 employers and the union were able to obtain the signatures of 51 members, the bargaining unit would be certified. There is not a requirement for the remaining 49% of members to be notified that a unionization drive is even taking place or to be given the opportunity to express their opinions or opposition. That is just wrong. The card check system is susceptible to abuse wherein workers could be pressured by unions and/or their colleagues into signing a union card. A secret ballot vote allows employees to provide an honest and accurate indication of support, free from the threat of pressure or intimidation from both unions and employers.
Now let us look at Bill C-377. It also took steps to improve transparency with union funds. Previously, labour organizations that enjoyed substantial public benefits were not required to publicly disclose their financial activity. Labour organizations operate tax-free, and their members receive full income tax deductibility for their dues and payments, and receive their strike pay tax-free. Dues deductibility alone costs the federal treasury in the range of half a billion dollars a year. That is a staggering amount of money. Financial transparency occurs in institutions receiving substantial public benefit. This is not a new concept. Bill C-377 addressed this gap in financial accountability, extending transparency to unions. In short, the bill required that every labour organization in Canada file a standard set of financials each year, which are posted on the CRA website, much like Canadian charities already do. It was not radical legislation.
It is a fact. Canadians, union members, stakeholders, and at least members on this side of the House, support transparency and accountability.
Let me share some of the widespread support that these bills have received.
With regard to Bill C-525, in a news release from April 2014, the Canadian Federation of Independent Business welcomed its passage, stating, “secret ballot votes are a cornerstone of our democracy”. I think virtually anybody in Canada has to agree with that statement.
A poll commissioned by the Canadian LabourWatch Association found that 86% of unionized or formerly unionized workers supported secret ballot voting for union accreditation. Canada is the only country in the industrialized world that forces union dues upon workers.
Further, in his testimony before the Standing Senate Committee on Legal and Constitutional Affairs, John Mortimer, president of the Canadian LabourWatch Association, expressed support for Bill C-525, making the following points:
Since 1977, six provinces, including Nova Scotia, British Columbia, Alberta, Ontario, Saskatchewan, Newfoundland and Labrador, have established laws guaranteeing secret ballots for union certification. The secret ballot is statutorily guaranteed for the majority of Canadians. This type of secret ballot has not caused unions to disappear, not even in Nova Scotia, where it has been in place since 1977. The rate of new unionizations is lower than before and reflects what informed employees are making as a private choice. That is what they want.
Sometimes employees are victims of inappropriate tactics and given wrong information to get them to sign a membership card. That is just wrong. For example, we know that some employees sign their card without knowing the true result, which is the unionization of their workplace. With regard to timelines for holding secret ballots, seven Canadian jurisdictions do not set timelines for votes.
Now, Bill C-377 also received significant support. I will highlight a few of them.
During his testimony before the Standing Senate Committee on Legal and Constitutional Affairs, in 2015, Aaron Wudrick, federal director, indicated that the Canadian Taxpayers Federation supported the bill for the following reasons. He said that given that unions enjoy a wide range of tax benefits and special tax treatment, it would be appropriate to require them to disclose their financial information, as is the case with charities.
It is a no-brainer. Transparency is very important because it acts as a deterrent and allows a broader class of people to uncover any transgressions.
In testimony before the House of Commons Standing Committee on Finance and the Standing Senate Committee on Banking, Trade and Commerce, Terrance Oakey, president of Merit Canada, was in favour of Bill C-377. He said that the bill would enable Canada to catch up with other advanced economies when it comes to financial disclosure. That has to be a good thing.
The bill would not change the mandatory payment of dues by unionized workers, nor the manner in which that money is used. The bill only deals with the transparency requirements that should be imposed on labour organizations. Workers paying dues deserve to know how that money will be spent—it is the least that should happen—and Canadians have a right to know how their taxes are being used to influence public policy.
A 2011 poll by Nanos found that 86% of unionized Canadians supported greater union transparency. That is an opinion shared by 83% of the general public.
With this support, why does the Liberal government want to repeal these important pieces of legislation? I must ask the government where the fairness is for hard-working Canadians. It is just wrong-headed, and we cannot stand for this.
Gérard Deltell Conservative Louis-Saint-Laurent, QC
Madam Speaker, earlier the member mentioned my membership card, which I actually have with me. Unfortunately, the standing orders prevent me from displaying it. However, I definitely have it with me, and I can assure the House that I am very proud of it. Why?
Back in 1981, when I was a member of the Progressive Conservative Party, we believed in democracy, transparency, and accountability, and those exact issues are in play with Bill C-4 because it is an attack on those three pillars of our democratic system.
While those statements were not uninteresting, they were a little too exaggerated. It is an exaggeration to talk about hatred for social justice and the dogma of governance and to say that we cared only for the rich.
Since we are on the subject of history and the Conservatives of the 1980s, may I remind my hon. colleague that her party was founded by the hon. Lucien Bouchard? Does she remember that in 1982 and 1983, he was the chief negotiator for the government that took a very hard line against unions? That is a useful reminder.
Here is my question: how can a member of Parliament oppose secret ballot voting? Does my colleague disagree with Robyn Benson, who said:
PSAC has no issue with voting by secret ballot. We do it regularly to elect our officers, ratify collective agreements, and vote for strike action.
Robyn Benson is a member of the Public Service Alliance of Canada. She is not a big, bad Conservative. She is a union leader.
Monique Pauzé Bloc Repentigny, QC
Madam Speaker, this House is quite different than it was in the previous Parliament. For nearly 10 years, a bitter tone pervaded everything that had to do with social justice. Everyone could see it and read it. In contrast, this government's gesture, its repealing of the legislation that came out of Bill C-377 and Bill C-525, is a sign of its openness towards the driving forces of Quebec's economy.
This is what was missing during the previous government's reign. It did not really respect those who are working hard to build our economy, namely, the workers.
We wanted to believe that the vitriolic rhetoric of the Tea Party in the United States was centred around what is known as the deep south and the Republican Party. Unfortunately, the Conservatives proved to us that they were but a northern branch of the Republican Party of the Bushes, Trump, Romney, and other right-wing politicians.
Those are the people my colleague from Louis-Saint-Laurent is defending so blithely. I remember the day when he brandished his membership card from the old Progressive Conservative Party of Canada in front of the media. He did so proudly, but I think he was mistaken. He did not join the conservative party of former prime minister Brian Mulroney. He joined a party that wears a blue mask to hide its true roots, those of the defunct Canadian Alliance, a party that respects only the rich and powerful of this world and that despises the less fortunate and the working men and women of this country.
Those two bills were false fronts for hatred of social justice, for a desire to reduce workers to tools of production rather than regard them as human beings worthy of respect, for a neo-liberal ideology with the singular political goal of destroying those who would make our society more egalitarian.
Even Senator Segal, a Conservative, condemned those bills. All through those years of anti-union and anti-progressive governance, we saw special bills to force striking workers back to work, military policies that supplanted international politics, and economic policies that gave more money to the rich and took it away from our society's middle class and the poor.
Even though they are no longer in power, the Conservatives continue to cause damage that we will no longer have to bear once our nation becomes independent and free from the threat of their return to power. When they introduced their bills that were harmful to the common good, we listened to them speak about their good intentions to defend workers from the evil unions that represent them.
These same members defended policies that would reduce wages. These same members who claim to be the strongest supporters of pay equity also support policies on temporary workers, economic treaties with countries that support the exploitation of workers, policies on military contracts with countries that have no respect for human rights, especially the rights of women, and economic policies against labour-sponsored funds such as the Fonds de solidarité FTQ.
The time had come to move on to other things and have substantive debates in the House of Commons. I am proud to be a union activist, not because my approach is based on ideology, but because I believe in having a level playing field in our society. It would be a lie to say that we currently have a level playing field. I know that my right-wing colleagues will certainly disagree. That is to be expected.
When we turn ideology and rhetoric into the dogma of governance, we end up forgetting the facts, evidence, and scientific data that should be the driving forces of our actions in government. It is not surprising that the same government that passed its ideological bills also muzzled federal government scientists at the same time. When the data contradict our beliefs, then it is best to prevent people from reading them, right?
I am a unionist because unions are useful in our society. That is something that even old-school Conservatives acknowledge. Unions here are not ideological, they are pragmatic. They adopt constructive approaches. They are able to partner with businesses and employers for the economy and for the common good. Attacking and berating them, which became commonplace under the former government, was mean-spirited and vicious. The previous government was part of the global phenomenon of violating union rights. The rich and powerful of this world want to squeeze the middle class by taking away some of the leverage it needs for success.
It was nothing short of a concerted strategy by the former prime minister and his friends in the financial community to remove workers' last defences. Without our unions, it would certainly be easier for the government to lower the minimum wage, do away with our public heath care system, and butcher the welfare state that our parents and unions fought so hard to build in the 1960s and 1970s.
Regardless of what the big guns on the right, such as the Duhaimes and the Donald Trumps of this world, may say, Quebeckers and Canadians agreed on some things. The economic ultra-liberalism that contributed to the worldwide poverty of the 1930s was not the way to go in the 21st century.
Once again, I would like to commend the government on the gesture of openness it made by introducing Bill C-4. We are far from the promised land. There are still many inequalities. However, this is a step in the right direction, and it at least shows us the direction that we should take. We have not finished talking about inequalities in the House. There are still far too many.
For nearly 40 years now, workers' purchasing power has been decreasing, while executives' salaries have been increasing. The grand scheme to tear down the welfare state across the western world has been under way for too long.
Whether we are talking about Reagan, Thatcher, whom my colleague from Outremont so admired, Bush, or our former Canadian prime minister, too many politicians deliberately lie to voters. They claim to want what is good for them, yet all the while adopt policies that favour the rich and powerful. As the saying goes, “I want what is good for you and I want your goods as well.”
The time has come to reverse the trend. The time has come to think about the group instead of the individual, and that is why we have unions. In unity there is strength, as we know, and unions help bring strength to workers around the world.
Long live Michel Chartrand, Thérèse Casgrain, Marcel Pépin, Lorraine Pagé, and my friend Réjean Parent. Long live all those who fight for social justice.
Alistair MacGregor NDP Cowichan—Malahat—Langford, BC
Mr. Speaker, I am proud to stand in this House to speak 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.
This bill would finally repeal the devastating attack that the former Conservative government launched against working people across this country. The two bills that would be repealed were known in the 41st Parliament as Bill C-377 and Bill C-525. These bills were not only mean-spirited attacks on unions, but they were, as Jack Layton said in his last speech to the House, part of a larger agenda by a government that preyed on the concept of dividing Canadians one from the other.
New Democrats fought relentlessly against these Conservative anti-union bills, and we certainly welcome the changes of the new Liberal government. I remember when Bill C-377 was pushed through Parliament against the tide of not just labour organizations but also constitutional and privacy experts. There was opposition from the insurance and mutual fund industry, the Privacy Commissioner of Canada, even the Canadian Bar Association, and the National Hockey League Players' Association.
To go on about the constitutionality of the bill, the Conservatives were never good at working within our Constitution. They constantly went head-to-head with the judiciary in this country, losing big battles whenever they put Conservative legislation before Canadian constitutional values. They lost on mandatory minimums, time-served sentencing, and even tried to break a rule to allow an ineligible judge to sit on the Supreme Court of Canada.
A few years ago a whistle-blower from the Department of Justice brought to light the fact that the government was not fully vetting its legislation to see if it was constitutional or not. When Bill C-377 was tabled, it came as no surprise that the Privacy Commissioner of Canada stated that the bill would ultimately be defeated by the courts, because it went against the Canadian Charter of Rights and Freedoms. This bill would violate freedom of association and the private lives of those workers who were unionized.
Now I will move on to the details of Bill C-377. It was a law that was discriminatory and imposed onerous and detailed reporting requirements on labour organizations. It was designed as a method to crush union finances and bury any action under bureaucratic red tape. Unions already do fully transparent reporting to their membership, as do many organizations and other associations that this bill did not cover.
Labour organizations were suddenly going to be subject to public, outside of their membership, disclosure to everyone. No other association would be forced to do anything similar. Why were the unions the only ones targeted? What about the clubs, the think tanks, the religious organizations, and even the council of chief executives? They were all left out.
Law societies and the Canadian Medical Association were also not subject to this law. It was a bill that was designed as a clear attack on workers' rights.
Bill C-377 was not only an ill-advised method of dividing Canadians, it was also extremely expensive. The parliamentary budget officer, a position created by the Conservative government, stated that it would cost the Canada Revenue Agency approximately $21 million to establish the electronic database for the first two years, and approximately $2.1 million per year for subsequent years.
The bill was so contentious that even Conservative Party senators fought against it. I should note the great Conservative Hugh Segal among other things mentioned that it would violate the privacy of millions, would tilt the advantage towards employers during negotiations, and was basically a declaration of war against workers. He felt it was unconstitutional and discriminatory, and was not even a dignified way to govern this country.
Repealing this bill would save millions of dollars annually, both for the government and for labour organizations. Bill C-525 was a law designed to harm and diminish unions by making it much more difficult for workers to collectively form a union, and making it much easier for a union to be decertified.
The government pushed hard for these private members' bills to be passed back in the day. It marked a trend by the Conservatives to take contentious attacks and place them in private members' bills so they were subject to less scrutiny and debate than full government legislation would have been.
Many stakeholders who were directly affected by the legislation have also applauded the government for its plan to repeal the two private members' bills.
The president of the Canadian Labour Congress has been clear that these pieces of legislation were nothing more than an attempt to undermine a union's ability to do important work like protecting jobs, promoting health and safety in the workplace, and advocating on behalf of all Canadian workers.
In their attempt to divide Canadians, the Conservatives have always liked to attack unionized workers, as though they are the privileged of Canadian society who do nothing to help the non-unionized. The truth of course is very different. Workers and unions spend their paycheques in local communities like mine in Cowichan—Malahat—Langford. Their incomes support local businesses, and they bolster our tax base, which adds to everyone's quality of life.
The benefits that are often enjoyed by unionized workers attract and support crucial care infrastructure, such as dentists, therapists, opticians, and family lawyers, to help build vibrant communities, not to mention that the money that unionized workers contribute to their pension plan comes back to them so that they can spend it in the community. It also means that fewer workers need to rely on family or social programs to get by.
When unions have the power to stand up for fairness, they raise the bar for everyone. We can thank the labour movement for its victories in securing parental leave, workplace safety standards, minimum wages, vacation pay, and protection from discrimination and harassment for all workers in this country. It is clear that these laws had to go, and we applaud the Liberals for being on the correct side of this fight and for quickly moving to repeal this legislation.
We also know that the struggle for fair working conditions is far from over. New Democrats will continue to push the government to restore and enhance collective bargaining rights, as well as fairer working conditions for all Canadians. The fight continues as our very own NDP member for Jonquière is proposing anti-scab legislation to ensure fairness and balance in labour negotiations. The prohibition against using replacement workers would protect the interests of working Canadians and their families against the might of large, powerful, and global employers.
The New Democratic Party has deep roots in the lives of working people. After all, our party was created out of the Co-operative Commonwealth Federation and the Canadian Labour Congress to be the voice of the regular working family. We follow that tradition closely, as we are proud of being the only unionized political party, where our employees have a say in their workplace.
The Liberals should be applauded for working in Parliament to give collective bargaining rights to the Royal Canadian Mounted Police. We trust that they will continue this trend and work with their own employees to grant them collective bargaining rights as well.
Workers in my community have brought to my attention that there are more and more part-time and contractual employees in the riding, and more needs to be done to protect them. The last review of the Canada Labour Code was done 10 years ago, in 2006. There were recommendations that came out of that review, which would specifically help precarious and part-time workers in my riding, but they were never fully implemented. New Democrats will be working hard to push the Liberals in acting on these recommendations. Part-time and contractual employees deserve the same fairness that we demand for all workers across this country.
The Canada Labour Code needs to be updated and modernized. There are sections in the code that are at least 60 years out of date. Repealing Bill C-377 and Bill C-525 are important first steps. However, it is important that we do not sit back and congratulate ourselves, as sections of our Canada Labour Code dealing with harassment, hours of work, overtime pay, and vacation entitlements need major updates.
When Tommy Douglas was premier of Saskatchewan, he knew that securing basic workers' rights was key to a just and prosperous society. He was able to get ideas from working people and implement them for the benefit of all. Tommy passed legislation establishing a 40-hour work week, paid vacations, and collective bargaining rights for all workers. Conservatives have tried to turn back the clock and strip workers of the vested rights they fought so hard to achieve. We now have much to do to enshrine protections for working families across this country.
Working people in my riding know that repealing Bill C-377 and Bill C-525 are important first steps. New Democrats will be there to hold the government's feet to the fire to ensure that we continue bettering the lives of workers from coast to coast to coast.
The House resumed consideration of the motion that 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 read the second time and referred to a committee, and of the amendment.
Ramesh Sangha Liberal Brampton Centre, ON