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

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Madam Speaker, there is no question that this legislation is an attack on two previous bills, Bill C-377 and Bill C-525.

I find it interesting to hear my colleague, a former mayor of a major city in Canada, say that she respects unions. We all respect unions.

I would like our colleague to talk about her experience in her time in municipal government doing the proper process.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Madam Speaker, as the mayor of a large city, we dealt with many unions. We dealt with the firefighters union and CUPE. We also dealt with private sector unions.

The fact is that we all need to work together. We all need to have a healthy work environment that supports and empowers us. To have anything else is unacceptable. We need to work toward that end. When we deal with all types of unions, union leaders and executives, we find that common ground.

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Madam Speaker, I would like to thank my colleague from South Surrey—White Rock for sharing her time with me. Clearly, it is much easier to say the name of her riding than to say Montmagny—L'Islet—Kamouraska—Rivière-du-Loup.

I also want to thank the member for Louis-Saint-Laurent and the member for Lévis—Lotbinière, who participated in last week's debate. They did an excellent job of pointing out the importance of the bills passed a few years ago by our government, specifically Bill C-377 and Bill C-525. They were very important bills.

The government seems to be saying that these bills are not as important because they are private members' bills. Today, the government is trying to make it seem that these bills are less important, even though the Liberals themselves have some bills of this nature on the table at present.

We should also applaud the contributions of former member Russ Hiebert and the member for Red Deer—Lacombe, who is still with us. They sought to make the labour movement fairer, more transparent, and more democratic.

If Bill C-4 is passed, the government will be denying workers two fundamental rights. The first is union transparency, which is very important. Members pay union dues and must therefore have the opportunity to vote in a transparent process. That is what we believed at the time and what we still believe today. We also believe that unions need to be transparent, particularly with regard to the dues they receive.

Workers must be able to exercise their right to vote by secret ballot without fear of reprisal from their colleagues or superiors. We know that there have been instances of retaliation in the past. Intimidation occurs within the labour movement. That has always been the case and will likely always be the case.

These two rights are common sense and taken for granted. They should have the unanimous support of all members of the House, but they do not. The Liberal Party feels indebted, not to ordinary workers, but to big union bosses who obviously worked behind the scenes to help the current government get elected.

Whether they are members of a union or not, all Canadians have a vested interest in ensuring that labour groups are transparent with their members and with all Canadian taxpayers, since $4 billion in union dues are collected every year. As a result, unions are entitled to tax credits for labour-sponsored funds, such as Fondaction CSN and the Fonds de solidarité FTQ in Quebec. These funds are paid for by all Canadians.

We therefore believe, and rightly so in my opinion, that full transparency is needed when it comes to these funds and the taxes that are paid. That is why Bill C-377 was so necessary.

As our colleague pointed out last week, $500 million in taxpayers' money goes into these funds annually. That is a huge amount of money. The government opposite believes that requiring unions to make public any expenditures of $5,000 or more places a heavy administrative burden on them.

As members of Parliament, to get reimbursed for a taxi ride we are required to submit a receipt if the total is equal to or greater than $25. We have to substantiate our claims.

I think this government has a lot to learn from what happened in the past few months because, by all accounts, transparency was lacking. This government claims to be extremely transparent. However, we learned that the Minister of Health claimed $1,700 in expenses for her limousine, the Minister of Environment and Climate Change claimed $6,000 in expenses for a photo session, not to mention everything we learned last week about the moving expenses for key government employees, including employees of the Prime Minister. Hundreds of thousands if not millions of dollars have been spent by a number of departments.

If it were not for the fact that transparency is mandatory in this Parliament, we would be none the wiser. It is therefore essential that the same level of transparency required of governments and elected members be required of unions and of big union bosses.

If I were a factory worker in La Pocatière, Montmagny, Rivière-du-Loup or l'Islet, which are four towns in my riding, I know that union dues would be deducted from my paycheque every week in order for the union to protect my interests. However, that money must be spent wisely.

Any government or organization must be transparent for its taxpayers or its members. We cannot stress this enough. We must ensure that all members of an organization have a full accounting of how their money is spent, because it is their money. As MPs, we manage taxpayers' money. Thus, the government must be transparent. It says it is, however, it is not even exercising its own prerogatives.

If this government believes that $5,000 is too low a threshold for a detailed accounting of expenditures, what amount does it believe is more appropriate? That is an excellent question because $4 billion in union dues is paid every year. Five thousand dollars is a minimum. That was our belief back then and that is what we continue to believe today. Does the government have a different minimum threshold?

It is important to remember that, as MPs, we have to report any expense of $25 or more. I do not see why a union should not have to do the same for expenses of $5,000 or more so everyone knows how people's union dues are being spent.

The government has to answer for how it spends taxpayer money, and charities also have to account for their spending to comply with Canadian law.

Any charity that supports a particular candidate or party during an election campaign runs the risk of being stripped of its special tax status under the Income Tax Act. Why should unions be exempt from similar neutrality and impartiality obligations?

The Liberals say they are all about evidence-based policy, but they often seem willing to turn a blind eye to union activities whenever it suits them.

We believe that Bill C-4 will destroy all the crucial measures we included in those bills. Transparency being a priority, union leaders must demonstrate the same degree of respect, integrity, and care as government and opposition MPs. As those in charge of managing taxpayer money, we must be transparent about how we spend it.

Bill C-4 gets rid of all that. Those two essential pieces of legislation worked very well together. I think they are necessary and should continue to be necessary. That is why I am going to vote against Bill C-4.

[David Graham, Liberal, Laurentides—Labelle, QC]

Madam Speaker, if these bills were so important to the Conservative Party, why did it try to bring them in through the back door as private members' bills instead of introducing them as government bills during the last Parliament?

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Madam Speaker, I am very pleased to answer my colleague's question.

I do not understand why he is trying to differentiate between government bills and backbenchers' bills. I honestly believe that all members here in the House are equally important. There is no difference.

Whether bills come from one side or the other, whether they are supported by one party or another, they are all legitimate bills and approaches. It is as though my colleague were telling us that we did not do things the right way.

Does that mean that all of the bills introduced by Liberal backbenchers are no good? That does not make any sense.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, could my colleague comment on the fact that we require charities and universities to be transparent with regard to the government tax benefits they receive? Could he also comment on that with regard to union dues?

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Madam Speaker, I thank my colleague for his excellent question.

Any organization, whether it is a university, a foundation, or a charity, must be transparent to all of its members or donors regarding the donations it receives. The same goes for the government and for unions.

To paraphrase someone we all know, it's 2016. Clearly, public funds of any kind must be spent in a way that gives people confidence in all the organizations they give money to, whether as employees or as donors.

As for unions, workers pay dues directly from their paycheques to create a fund intended to protect and defend their interests, and that is entirely as it should be.

Once again, I would like to say to my colleague and all members of the House that I have absolutely nothing against unions. On the contrary, I see them as necessary and important, and I believe the vast majority are very respectful.

If unions have nothing to hide, however, why do they not support these bills? Transparency is crucial.

[Scott Duvall, NDP, Hamilton Mountain, ON]

Madam Speaker, my colleague just stated that there is openness and transparency with charitable donations and that charities have to make sure that the rules are followed with their donors.

In a union, they also do that. In fact, every month, when there is a regular union meeting, as I have had in the past, the minutes are passed by the union members. They know where the money is going and what is being paid. Some people may not like that, but the membership actually votes on it democratically. I am not sure where the openness and transparency would be hidden by the union.

Also, the books can be audited at any time by the government, which would tell us if we were doing something wrong, and we would have to make those corrections.

It is open and transparent. I do not understand what the member is saying.

[Bernard Généreux, Conservative, Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC]

Madam Speaker, as I have been saying from the beginning of my speech, we need to put mechanisms in place to ensure that all union organizations are being transparent. Bills C-377 and C-525 accomplished just that, and yet the government, with the support of the second opposition party, is doing away with them.

I hope that was brief enough. Clearly, some sort of coalition is forming against us right now, because those bills were important.

[Marwan Tabbara, Liberal, Kitchener South—Hespeler, ON]

Madam Speaker, I would like to inform you that I will be splitting my time with the member for Laurentides—Labelle.

It is great to be back on Parliament Hill. I hope everyone had a great summer and time well spent with their families and loved ones.

Prior to the election, I was a member of United Steelworkers Local 4610 for over 12 years. Early on, as a teenager working in a unionized manufacturing facility, I was unaware of the role unions played for their members. As I matured and grew older, I quickly realized the great value of unions in protecting workers' rights. Today I am proud to rise in this chamber to talk about the role of the unions in the country and how Bill C-4 will reinstate a fair and balanced federal labour policy.

Unions are a fundamental element of Canada's social and economic fabric and are at the core of our middle class. They help create well-paying jobs, safe communities, and a prosperous economic environment. They set standards for working conditions and quality of life for working people.

Canada has a relatively high rate of unionization, with 30% of workers belonging to unions.

Union-negotiated wages and benefits are usually superior to what non-union workers receive. Higher wages foster a thriving middle class. Higher wages mean more money spent in our consumer-driven economy. Higher wages mean a healthier population.

Unions have been a driving force for economic equality and social rights in Canada, including pay equity for women, safer workplaces, and better pensions for retirement. These advantages are not restricted to union members. Indeed, when unions raise the bar, they raise it for every worker in Canada. The five-day work week, minimum wage, maternity and parental leave, vacation pay, and protection from discrimination: we owe them to the actions of unions.

I have worked in both non-union and union environments. To elaborate, with respect to safety, I remember working in a unionized environment, and the thoroughness of the orientation it provided on safety was superior to any place I had worked before. I had worked in non-unionized places, and although there was a lot of training on safety, the unionized places ensured the safety of their workers to the highest level I had seen.

When Bill C-525 and Bill C-377 were presented under the previous government, they were perceived by many as an ideologically driven and unwarranted attack on unions and collective bargaining.

Bill C-525 was introduced in June 2013. The provisions contained in the bill were designed to make it harder for unions to be certified. It was proposed and enacted without consultation with relevant stakeholders, and because of that, a number of labour organizations and employers expressed their opposition to the bill.

Bill C-377 was also introduced under the previous government—

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

Mr. Speaker, I think it is important for you to remind members that it is not okay to take photographs in the chamber with their BlackBerrys. I witnessed a member doing that. Could you bring the members to order who are doing that and ask them to delete any images they have taken in the chamber?

[The Acting Speaker, Wayne Long]

So noted. Members are reminded that BlackBerrys and cellphones are not to be used in the House.

[Marwan Tabbara, Liberal, Kitchener South—Hespeler, ON]

Mr. Speaker, Bill C-377 was also introduced under the previous government. It was called unconstitutional by seven provinces and was opposed by a significant number of unions, police associations, federal privacy commissioners, and the Canadian Bar Association. It put unions at a disadvantage during collective bargaining and made it more difficult for employees to unionize. It added unnecessary and redundant compliance requirements for financial disclosure, which were already addressed in the Canada Labour Code and in many provincial labour statutes.

Jerry Dias, president of Unifor Canada, Canada's largest private sector union, called it an attack on unions. Canada's largest public sector union, the Public Service Alliance of Canada, said the bills were designed to weaken unions.

It is clear that both bills were counterproductive to a fair and balanced relationship between workers and employers. It comes as no surprise that repealing them was a priority of my party during last year's election campaign. Our commitment won the support of many Canadians. Consequently, repealing these two pieces of the previous government's labour legislation was a priority in the mandate letters of the Minister of Employment, Workforce Development and Labour and the Minister of Public Services and Procurement.

To honour our commitment, and to avoid excessive red tape while steps were being taken to repeal Bill C-377, the Minister of National Revenue waived reporting requirements for labour organizations in December 2015 for the 2016 fiscal period.

To repeal Bills C-377 and C-525, Bill C-4 was introduced to amend 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 the introduction of both bills.

Bill C-4 would also amend the Income Tax Act to remove from all the acts the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue information returns containing specific figures that would be made available to the public.

The Government of Canada recognizes the important role unions play in protecting the rights of workers in this country and in helping the middle class prosper. To achieve a fair and balanced federal labour policy, we have to repeal the provisions enacted by Bills C-377 and C-525. I encourage all members to vote in favour of Bill C-4.

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

Madam Speaker, I want to ask about the issue of the secret ballot. This is characterized by some on his side as supposedly an attack on unionized workers. Of course, we know that unionized workers in various opinion polls have suggested that they support having the right to vote by secret ballot, which is, of course, the same right all Canadians have when they elect their members of Parliament and officials in other areas.

I want to ask the member why he disagrees with the majority of unionized workers in Canada, who think they should have the same right everyone else has, the right to vote via secret ballot in elections that are important to their own affairs.

[Marwan Tabbara, Liberal, Kitchener South—Hespeler, ON]

Madam Speaker, during the campaign, when I went door to door, I spoke to a lot of people who were members of unions. They talked about the particular system they had and said they were absolutely fine with that system. They had a card check system, a certification system, that was more efficient and more likely to be free of employer interference. They mentioned that when they voted, they were required to provide their employee IDs, which tracked who would be voting, prevented fraud, and ensured that all members got a free and fair vote.