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

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

Mr. Speaker, we have heard members across the way say that a secret ballot creates opportunities for intimidation by the employer.

With all due respect, this makes absolutely no sense to me. How can there be intimidation around a secret ballot vote?

I wonder if the hon. member could explain how that works. If intimidation is such a problem in secret ballot elections, why do we do that in virtually every other case where we have elections?

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, it is obvious. The unions and employers have equal rights and are sitting at the bargaining table. The decisions made at the bargaining table need to be done by the correct procedures. That is the way we want to bring changes.

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

Mr. Speaker, I am wondering if my colleague could provide some comment in terms of how important it is that we have good labour management relationships here in Canada. This is something the Conservative Party, when it was in government, never really recognized. By having good labour management relationships, it is better for our economy and all Canadians benefit from that.

I am wondering if my colleague could provide some comment on just how important it is that we get it right, and how the legislation that we are debating today actually fixes a problem that the former Conservative government created.

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, people are working in factories, some are in unions and some are independent, without unions.

If somebody wants to form a union or work with a union, they should be free to take part in a union. There should be a free process, a free way of working. There should be a process to bring issues to the bargaining table. That is the best way to do it.

That is why we want to get these bills rescinded, and to move forward on Bill C-4.

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, I have heard various Liberal members say that taking a secret ballot away will somehow make the labour movement stronger.

I would simply point out that seven provinces actually utilize the secret ballot in certifying or decertifying a union. Is this member saying that those seven provinces are wrong in how they deal with labour relations?

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, again, repealing Bill C-377 and Bill C-525 is a priority of our mandate. These bills need to be rescinded. Bill C-4 is required to be passed. This will put collective bargaining on the table in a better way, and will be a benefit to the employees.

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.

[The Speaker, Geoff Regan]

I wish to inform the House that because of the deferred recorded divisions, government orders will be extended by nine minutes.

[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.

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

Mr. Speaker, I welcome my colleague from the NDP to the chamber. I am sure, as he starts his career here in the House of Commons, there will be many issues on which we will disagree, but certainly on this one we are very much like-minded.

As we went through the study on Bill C-377, there were a number of comments made regarding the legislation, saying this was the same legislation, for the most part, as George Bush brought in as Republican legislation in the United States. We were able to witness one of the standard claims that was filed in the United States, and it was around 745 pages. It was a pretty impressive document.

The charity in Canada that records the highest amount of revenue is a hospital in Toronto. When it files, it has one of the most comprehensive, detailed filings for a charity in the country. It is 24 pages. It is pretty impressive when they are stacked up beside each other. The Conservatives contended that this was just about openness and clarity, and that we ask charities to do that. Does he see the difference between what is asked of charities and what was being asked of organized labour? Does he see that there was something else behind the motivation, other than openness and transparency?

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, absolutely there was something behind this. There is, any time a single organization is subjected to this kind of onerous paperwork. Obviously, the thing that was behind it all was to tie them up in red tape and make a union an ineffective voice for the workers in their particular jurisdiction.

I agree with the member that there certainly was a method, with the very fact that these same rules were not applied to other professional associations, clubs, or religious organizations. It was only unions that were singled out by the bill. The fact is that unions are already extremely accountable to their workers. Workers can replace the leadership of the union if it is not doing a good job. They have to open their finances. They already have to do reporting to the CRA. The bill was simply another level of red tape to completely kneecap them.

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

Madam Speaker, we talk about the importance of labour and management relations. As a government, whether federal or provincial, we should be encouraging harmony and consensus wherever we can. It is healthy for the Canadian economy when we see that harmony within.

In relation to jurisdiction, we have seen many labour laws look toward provincial jurisdiction. For example, there is anti-scab legislation that was introduced at the provincial level. I wonder if the member could provide some thoughts or his comments in regard to the importance of respecting some of the provincial jurisdictional issues, in particular with respect to some of the labour laws we have in Canada today, and not to underestimate the provincial governments' role in that area.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, my hon. colleague from Jonquière will be introducing a bill for anti-scab legislation. I certainly think she is much more qualified than I am to defend her particular bill. However, when it comes to respecting jurisdiction between the federal realm and the provincial realm, absolutely, we do have to have a crystal clear definition between the two.

However, there is also an important role for the federal government to play in leadership. That is why the NDP was proud to stand for a $15 per hour minimum wage. We knew it would encourage provincial jurisdictions to follow suit. Similarly, if we show the same leadership in the federal arena, we are hoping our provincial cousins will also follow suit.

[Michelle Rempel, Conservative, Calgary Nose Hill, AB]

Madam Speaker, oftentimes in this place we refer to industry or we refer to the labour movement or organized labour when we are discussing policy. Certainly industry is an important terminology. We across the aisle come up with policy or try to come up with policy that encourages industry to develop, because industry creates jobs for Canadians, and oftentimes when we refer to organized labour or unions, we have to acknowledge that there has been a significant impact of organized labour in the western world over time in ensuring fairness and equality for workers' treatment. However, with respect to this bill here, I would like to pause and not talk about industry and not talk about organized labour, but actually talk about workers. I think we have to do that because of where we are in Canada right now.

I cannot get up in this place and talk about any sort of policy related to workers or the economy without bringing it back to my riding. I cannot stress enough how important it is for everyone in this House to understand that there are more than 100,000 people who have been laid off in the energy sector in Alberta and what that means to the Canadian economy. These are not just numbers. They are not just statistics on unemployment. They are people in my riding. They are our brothers and our sisters. They are family members. They are our neighbours. They are people's husbands and wives. They are accountants. They are administrative professional. They are rig hands. They are every single part of the economy, and they pay taxes. They try to make ends meet for their kids.

If we are going to talk about organizations that help create jobs or help support workers, we first have to focus on workers themselves. I think it is important to do that to reframe this debate today, because this is the first piece of legislation that the government has put out in the House with regard to supporting workers.

My colleague who just gave a speech talked about how unions were the voice of the regular working family. I would like to think that we here are also the voice of regular working families.

Therefore, if we look at the first piece of legislation that the government has put in place to support workers, what would it do?

We have 100,000-plus people in Alberta whose severance pay is running out. This does not even take into consideration the contractors who have been laid off, the ripple effects down through the service industry. There are a lot of people out of work in my riding, and the first piece of legislation that the Government of Canada puts forward with regard to workers would do the following: it would remove transparency measures for union leaders to report how they are spending their members' union dues; and it would remove the secret ballot provision for union formation.

I could spend the duration of my time talking about that particular issue and its merits. I know that has been debated over and over again.

However, I have to tell members that it does not cut it for me to go back to my riding and report in a householder or in a town hall meeting what the government is doing, what the government's priority is for those who are out of work and for those who know they are going to be in the next round layoffs, that the priority is those two things. Is the government kidding me? That is not going to get somebody's job back.

This is the government's first piece of legislation. There are so many things it could have done for workers, for people, not for industry, not for big labour, but for workers, the people who are actually out of work in my province.

It could ensure that we keep taxes low. We know that, when we have a low-tax system, we see the economy grow because people have more in their wallets to spend, to make ends meet. We know that companies have more flexibility and freedom to be able to make investments, which create jobs. We could keep taxes low.

Are we doing that? No, we are not. We are hearing signals that the government wants to increase taxes on job-creating companies while people are out of work and cannot make ends meet. We know that the government has signalled that it wants to increase CPP premiums. I do not know about other members, but I can certainly tell them right now that it does not help somebody who is out of work or who is looking for a job. The last thing people need is more money coming off their paycheques every week. I certainly am not comfortable telling people in my riding that is what the government is doing and it is a fantastic thing that is going to create jobs.

The government has also signalled that it is going to increase EI premiums. What would that do and why is that important for workers? Once again, it will be more money off their paycheques. Anyone running a small business or looking to create jobs in the economy right now will have to pay more premiums. Does anyone think that will facilitate more job creation? No. It is crazy. Anyone who has looked at those types of programs in this economy has said that it will put a further chill on the economy.

These are the government's actual priorities for people who are out of work in my riding right now, and it is worth getting mad about. Furthermore, to rub salt into this wound, the government has added a layer of regulatory uncertainty. That is a very unsexy way of saying that it has made it more difficult for the energy sector to do business.

The government has signalled in recent weeks that rather than having a clearly defined arm's-length process in which it will rely on a third party and scientific evidence to make an assessment of a major energy project, which would create jobs, the government has said that it is going to rely on a political process. Again, this is not about driving just to a yes, but to a yes or a no under set parameters, where industry knows what is happening in a scientific review process, so that investments can be made with some level of certainty.

The government is not sure what is going to happen. If it goes through with this new process it is putting in place, it may or may not accept that recommendation.

What do members think that would do for the average worker, since we are talking about workers here? It means that we do not know if these projects are going to start one way or another, even if they meet the parameters that have been laid out by the government. It is like holding your finger in the wind and seeing which way the popular winds are blowing. That is not a way to create jobs. That is not a way to stand up for workers. That is the government's priority.

The Minister of Employment, Workforce Development and Labour, who tabled this as her first bill and priority to “protect workers”, has said nothing about attracting or retaining skilled labour in my province as it goes through a major period of unemployment. She has not talked about the fact that when skilled labourers have to leave because they cannot make ends meet in my province, it will affect future increases in investment and job creation down the road. No, she tabled this bill to take away secret ballots. That is the priority. That is crazy. I cannot understand this.

I am standing in this place and making this speech. My stepfather is an electrician and a long-time union member. My brother-in-law is an electrician and a union member. I was a union member. One of my first jobs was in a union. I have managed in a union situation. I understand what it is like to be a unionized worker and to have family members who are in a unionized environment. At the end of the day, what is important is people having jobs, and I have heard absolutely nothing from the government in the past weeks in Parliament showing how the government is going to help grow the economy. In fact, it has been quite the opposite.

What I find very interesting in my personal journey here is that the minister who tabled this piece of legislation as the government's top priority for workers was the NDP provincial minister of industry when I was 19 years old in Manitoba and looking at where I would start my career. That was the beginning of an interesting period for Manitoba.

It is amazing how history repeats itself. If we are talking about who is the voice for the regular working family and workers in Canada, I hope we can send a message to Canadians that the government putting this forward as its top priority, when there are so many other things that need to be done in this country and in my riding for the people who are out of work, is absolutely ridiculous. It is crazy.

I will not stand by. I will certainly be a strong voice for my constituents in saying that what the Liberals have done here is wrong.

[Kim Rudd, Liberal, Parliamentary Secretary to the Minister of Natural Resources]

Madam Speaker, there are people out of work across this country and our hearts go out to them, their families, and their communities, which are also suffering because people do not have jobs. One of the things Liberals recognize is that the labour movement in this country has been critical to our getting to the point we are at as employees, as employers, and as companies. It is about protection, it is about safety, it is about a number of things.

My question is this. At what point does my hon. colleague think this is important?