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

[Karine Trudel, NDP, Jonquière, QC]

Madam Speaker, I thank my colleague for his remarks. That is a very good question.

People always have a tendency to exaggerate when it comes to unions. We are therefore wondering whether the Conservatives were exaggerating when they spoke about union fat cats who cheat and who do not support all areas of policy. There is reason to wonder.

As I was saying in my speech, members already have access to a complaint process. If they feel wronged, they can lodge a complaint through an independent committee, which will consider the matter.

That is why we are in favour of Bill C-4. We support all workers.

[Karine Trudel, NDP, Jonquière, QC]

Madam Speaker, I will be sharing my time with the hon. member for Essex.

I am pleased to rise in the House to debate 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. First of all, I would like to indicate that I will be supporting this bill. The NDP strongly opposed the previous Conservative government's attempt to limit the rights of unions and change the rules governing labour relations.

This bill reflects one of the promises made by the NDP during the election campaign. Although I support this bill, I must mention how much work still needs to be done with regard to workers' rights and their working conditions.

The bill restores and respects workers' rights. Like thousands of other people in my riding of Jonquière, I am very proud to have been a part of the labour movement. I was the president of my local chapter for eight years, and I managed it well.

Since we started debating Bill C-4, I cannot help but feel a twinge of sadness about many of the comments I have heard here in the House. For eight years, I was directly accountable to my members at meetings and even at my workplace. I had to deal with some very sensitive issues with my members and defend both long-time and new employees.

At union meetings we had a duty to present our financial statements to members. The same goes for all locals, in all unions. The members themselves must decide whether they agree with the spending their union is doing within their own organization. We must be transparent and accountable to our members. That is enshrined in all of our laws, and all unions must comply.

Over those eight years, I did so and we even implemented an audit system, which also exists in all unions. Our union has an officer to look over all the books and statements. I must say that when there is an anomaly, for example, if an invoice is missing or if an expenditure was left out or made by mistake, we are set straight and we are always accountable to this movement and our members.

Unions and their members do not need a government telling them what to do because they already have their regulations. They already have their own rules, rules that the members voted on either in meetings or in committees that are themselves elected by the members. Transparency is already part of the process, and leaders are accountable to union members every step of the way.

If a worker finds fault with the union's internal processes or the representatives, there is a great organization to handle that: the Canada Industrial Relations Board, the CIRB. The board is there for those people. It is impartial, and it exists to protect workers who feel their rights have been violated. There is even a complaints process. We do not need laws like the ones the Conservatives brought in to dictate how unions should be organized.

The union movement is very happy about Bill C-4, which would repeal the previous government's unfair bills C-377 and C-525. The New Democrats opposed those bills at every stage in the process because they were useless and irresponsible legislative measures that made a mockery of the very ideas of equality and fairness in negotiations between the parties and that undermined people's basic right to free collective bargaining.

It was a partisan assault on the men and women who go to work every day to provide for their families. Those same people voted to elect representatives to the House of Commons to defend their interests.

I was very disappointed that the member for Louis-Saint-Laurent reiterated his support for his party's bills, when he was not even a member for the party at that time.

Blaming the unions for his party's defeat is a little like blaming the groundhog for a longer winter. Ultimately, the workers spoke, and the Conservatives did not have their support, essentially because the Conservatives trampled all over workers' rights.

I would like to provide some direction for my colleague from Louis-Saint-Laurent, since he seems to have lost his way somewhere between Quebec City and Ottawa.

The World Bank found that a high rate of unionization led to greater income equality, lower unemployment and inflation, higher productivity, and a quicker response to economic downturns. I think our economy could use a good boost right about now.

The Conservatives put all their eggs in one basket and we are seeing the consequences of that today. Unfortunately, people often forget what the union movement has done for workers: minimum wage, paid overtime, occupational safety standards, parental and maternity leave, paid vacation, and protection from discrimination and sexual harassment.

Just yesterday, we voted for a motion on pay equity moved by the NDP. I thank all the parties who supported the motion. I am still scratching my head about the fact that the Conservatives refused to support our motion, and especially that their leader refused to support our motion, considering that until recently she was the minister of status of women.

Bill C-4 is an excellent first step. However, there is still a lot of work to be done to fix past mistakes, such as the attack on sick leave introduced in the omnibus Bill C-59.

We also have to take a look at what we can improve, beyond the repairs that need to be made because of the Conservatives' bad decisions. It is high time that we modernized some of the outdated provisions of the Canada Labour Code.

It has been almost 60 years since the Canada Labour Code was overhauled. I join with my colleague from Saskatoon West in highlighting the importance of following up on the recommendations of the report released after the 2006 review of the Canada Labour Code.

That follow-up is already overdue. A good number of those recommendations and the vital updates would benefit many workers. For example, take the issues of workplace safety and preventive withdrawal for pregnant women. In Quebec, under the CSST regulations, once women are 26 weeks pregnant they are entitled to preventive withdrawal for their protection and that of their foetus. There is no such provision in the Canada Labour Code. Thus, we still have far to go. We must do more to improve working conditions for our women, our future mothers, and for all workers. Every worker deserves to be protected.

Some workers have a very hard time putting food on the table every day. Therefore, we urge the government to restore the federal minimum wage, to pass anti-scab legislation and to fight for greater pay equity.

I am pleased to have had this time and the opportunity to debate this bill, because the rights of workers across Canada have been violated by the Conservatives' actions.

Unions have many procedures, bylaws and rules. Consequently, this whole movement is already well established.

I see that my time is up, but I could talk a long time about this subject.

[Matt DeCourcey, Liberal, Fredericton, NB]

Madam Speaker, the government is repealing two laws that have changed the way unions operate.

Bill C-377 has created unnecessary red tape and has put organized labour at a disadvantage in the collective bargaining process.

Bill C-525 makes it more difficult for employees to unionize and easier for a bargaining agent to be decertified.

The measures the government is taking in Bill C-4, are part of a plan designed to ensure that Canada's labour laws best serve employees and employers.

This new bill is part of the government's plan to strengthen the middle class in our great country and to fully recognize the important role that unions play in protecting the rights of Canadian workers.

This government started with a tax break for hard-working Canadians. In the riding I represent, that is a tax break for hard-working nurses, teachers, soldiers, and many other public servants.

We will follow that tax break with the new Canada child benefit, a monthly tax-free, income-tested benefit that would lift hundreds of thousands of children out of poverty, a benefit that will help nine out of ten Canadian families.

We will also support our veterans by restoring the option of the lifelong pension and by caring for their physical and mental health, and that of their families. It is the sacred obligation of the government to unconditionally support those who have unconditionally served for our safety and freedom.

The government will rebuild its relationship with indigenous Canadians on a nation-to-nation basis, a relationship based upon mutual respect, recognition of rights, and understanding of traditional knowledge.

This bill is also about respect and fairness, national economic prosperity, and supporting the middle class, which is made up of those dedicated workers who contribute to the growth of our communities and our economy.

It is clear that the previous government did not believe in fairness or the importance of unions and the role they play. Its actions were motivated by a desire to undermine the union movement.

Bill C-377 and Bill C-525 were counterproductive to a positive working relationship between employees and employers. Furthermore, it was not a widespread request of the business community. It was unnecessary and caused difficulties for unions.

The two anti-labour bills, which this bill seeks to reverse and reset, were direct attacks on unions by the previous Conservative government. They undermined the right for workers in federally regulated sectors to form a union, and imposed unnecessary and onerous reporting burdens on all unions.

The current government is taking a different route, which consists in listening to the union groups, communities, and legal experts who sounded the alarm about these bills that likely violate charter rights. A number of constitutional experts felt that Bill C-377 was likely unconstitutional.

Privacy experts said that the bill would compromise the private information of millions of Canadians. The bill also discriminates against unions. It does not take into account other types of organizations, such as professional associations. What is more, seven provinces are against the bill because they feel it encroaches on their jurisdiction.

As my friend, the Parliamentary Secretary to the Minister of Employment, Workforce Development and Labour has so eloquently stated, Bill C-525 was simply a solution looking for a problem.

Simply put, in over 10 years and after thousands of rulings by the Industrial Relations Board, there were merely two judgments against unions for questionable practices during union organizing.

That is why the government has taken significant steps to rebuild labour relations after a decade of acrimony between unions and the Conservatives. It is why the government has introduced legislation to repeal these two anti-labour bills.

I have the honour every day of representing the riding of Fredericton, which is home to many dedicated workers who have been unfavourably and unfairly affected by Bills C-377 and C-525, which are mean-spirited.

Educated, professional, proud public servants, many of whom are taking care of our aging population, live in the riding.

We are home to university scientists and researchers, themselves fostering creative approaches and solutions to the existential challenges we face as a society, as well as making new discoveries to the way we view the world and how we provide economic opportunity, social well-being, and environmental sustainability to our community.

We are also home to almost 1,000 civilian employees at Base Gagetown, employees who, amidst all the coming and going of our men and women in uniform, keep the lights on, the roads safe, and the buildings operational at Canada's largest military training base.

The economic and fiscal contribution of these professional public servants is enormous. Base Gagetown alone contributes upward of $600 million annually to the New Brunswick economy.

The base, the largest federal government asset and largest contributor to our socio-economic vibrancy in the riding, would simply not remain operational without the diligence and hard work of civilian employees, the support of their families, and, in fact, the support of the entire town of Oromocto, Canada's model town, which sprung up just over a half century ago to provide service and a home for the base.

Bill C-377 and Bill C-525 were not mere attacks on the civilian workforce at Base Gagetown. They were seen as an attack on the community of Oromocto. As I knocked on doors last winter, spring, summer, and fall, clear across the Oromocto community, I heard time and time again how the community felt largely betrayed by the former government and how it felt it was time for a positive change.

On October 19, the people of Oromocto spoke clearly and they spoke for that real change.

As the Minister of Employment, Workforce Development and Labour has said many times, we promised to repeal these bills because they are detrimental to labour relations. In Oromocto, labour relations have had a negative impact on the morale of the community.

Unions have a major role to play in protecting workers' rights and growing the middle class. The former government trampled on many basic labour rights that were hard won by the unions. That made it more difficult for workers to enjoy freedom of association, bargain collectively in good faith and work in a safe environment.

The government plans on restoring fair and balanced labour legislation that recognizes the important role unions play in Canada and respects their major contribution to the growth and prosperity of the middle class.

This begins with repealing Bill C-377 and Bill C-525, legislation that diminishes and weakens Canada's labour movement. This side of the floor knows that the bill may face a stiff test in the Senate. It is, however, sad to hear members opposite say that they will direct the Senate to kill the bill and continue to disadvantage the organized labour movement in Canada.

I believe the Senate exists to study and recommend improvements and enhancements to legislation. I hope the upper chamber will serve to do just that and will work collaboratively with all parliamentarians in the House.

Canadians elected a government that would ensure evidence-based decision-making. On balance, there was very little evidence to support the passing of these two bills. Canadians elected a government that work hard to reinstitute fairness in decision-making. Over and above balance, there was nothing fair in these bills.

This government promised to stand up for Canadians, and this is exactly what we have set out to do, and Bill C-4 would do that.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Madam Speaker, I thank my colleague for his speech.

In response to the question I just heard, clearly, we do not need to talk specifically about an attack on unions. However, the inference is there. Obviously, it has been implied, not only in this debate but also in the debate that took place in the previous Parliament on Bill C-377 and Bill C-525.

When you look at the contents of the debates here in the House and the discussions that took place in the relevant committees, it is clear that the legislation was not meant to unshackle the workers, but rather to attack unions' ability to properly represent them.

The provisions in the bills, which later became law, not only undermined unions' ability to do their jobs properly, but also created a very specific and massive bureaucracy to manage minor situations, which is very surprising from a government that always claimed to prefer less bureaucracy.

How will repealing those bills, which is what Bill C-4 proposes, affect the bureaucracy that was proposed by the Conservative government of the day?

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Immigration]

Madam Speaker, I will be splitting my time with the member for Fredericton.

I am proud to stand today to speak in support of Bill C-4. The war on organized labour is over. This legislation would reverse the legacy of the previous government, which rushed through two anti-union measures, Bill C-377 and Bill C-525, just prior to the last election. Those measures put in place redundant reporting requirements and made it harder to certify and easier to decertify a union. With Bill C-4, our government would repeal both of these punitive pieces of legislation.

The reasons we are doing this are threefold. The old combination of legislation under Bills C-377 and C-525 was unnecessary, impeded collective bargaining, and was ideologically driven.

Argument number one is that the old legislation is unnecessary. No one asked for Bills C-377 and C-525. Employees did not ask for them, unions did not ask for them, and even employers were not clamouring for this legislation. These bills constituted a solution to a problem that did not even exist. The only champions of Bills C-377 and C-525 were the members of the previous government. The ostensible reason they asserted was that they were trying to promote increased financial transparency and accountability for unions and to inject democratic principles into their processes. This rationale was defective then, and it remains defective now. First, to the idea that unions are not transparent and that members do not get to see the financial statements or expenditures, this information was and has always been made available to union members. Unions are member-based organizations that release information to their members, information that is confidential.

My colleagues across the way keep harping on about how unions are undemocratic organizations. Once again, that is incorrect.

Unions meet regularly, and all members are welcome to participate. At meetings, members are empowered to hold their leaders accountable. Discussions and debate take place during the meetings, differences of opinion are aired, and solutions are put forward. Taken together, those aspects are features of a democratic system.

Unions also hold membership votes. Decisions are made by the members themselves. The members are the ones who make decisions and issue instructions. Leaders are elected by union members and can be removed from their positions. That is another key principle of a democratic system.

I say this with some experience. I am the product of an organized workplace. For the past 12 years, before being elected, I served as a civil servant with the Ontario public service, practising law as a crown attorney. I have first-hand knowledge of the transparency and accountability parameters by which unions abide.

Yet another argument offered by the previous government in support of the old package of legislation was that it represented a modest increase in the financial disclosure obligations for unions. Again, this is incorrect. The reporting requirement in old Bill C-377 calls for at least 24 detailed statements to be submitted by unions of any size, from the smallest groups to the largest national bodies. The collection and managing of these submissions would cost the government millions of dollars, $11 million to start the oversight mechanism and $2 million every year thereafter. Those are not my figures. They come from the Canada Revenue Agency and the parliamentary budget officer. Just so we are clear, under Bills C-377 and C-525, the previous Conservative government increased the size and scope of government and government regulation, adding to the amount of red tape and, more important, adding to the amount that Canadian taxpayers would be required to shell out for such additional bureaucracy. The irony is palpable.

Argument number two is that the old legislation impeded collective bargaining. As I said at the outset, Bill C-525 made it harder to certify and easier to decertify a union. With the new Bill C-4, we would repeal those provisions. Our government recognizes that certification of a union is an important part of the collective bargaining process.

As I mentioned, I spent 12 years as a crown attorney specializing in the area of constitutional law. Section 2(d) of the Charter of Rights and Freedoms protects freedom of association. That has been interpreted by the Supreme Court to include “the right to a meaningful process of collective bargaining”. Why is collective bargaining so important as to warrant constitutional protection? The Supreme Court has explained that, in paragraph 58 of a decision called MPAO.

The Supreme Court said:

The guarantee functions to protect individuals against more powerful entities. By banding together in the pursuit of common goals, individuals are able to prevent more powerful entities from thwarting their legitimate goals and desires. In this way, the guarantee of freedom of association empowers vulnerable groups and helps them work to right imbalances in society. It protects marginalized groups and makes possible a more equal society.

Collective bargaining is important because it helps to promote fairness and equality. We get that and we are not going to waste more taxpayer dollars litigating these types of cases in the courts. On that point, I would simply note that the charter challenge launched by the Alberta Union of Public Employees against the old Bill C-377 was suspended immediately upon our government's announcement that we would be repealing the government's punitive legislation.

However, it is not just me who understands the utility of collective bargaining as a vehicle for addressing inequality, it is also my constituents in Parkdale—High Park. It is people like Mr. Hassan Yussuff, the President of the Canadian Labour Congress, who is my neighbour in Roncesvalles Village and a tireless advocate for workers' rights. It is people like Wyatt Bilger, a hard-working carpenter and resident of my riding and a member of Carpenters Union Local 27. It is people like the countless artists, filmmakers, performers, and television producers in my riding who contribute so much culturally to our community, who are also proud members of ACTRA, the Alliance of Canadian Cinema, Television and Radio Artists. It is people like the hard-working tradespeople and manufacturing employees in Parkdale—High Park who are members of LiUNA, Unifor, and the CAW.

All of these individuals and groups appreciate what this newly elected government recognizes, that workplaces that include collective bargaining are a net positive, not a net negative for our communities.

Argument number three is that the old legislation was ideologically driven. There was no rationale whatsoever that informed the passage of Bill C-377 and Bill C-525 other than rigid, anti-union sentiment. To illustrate this point, let us look no further than the rushed passage of the bills through Parliament. Bill C-377 was one of the four bills to get to the Senate just before the writ was issued for the last election. It was expedited to the Senate and was made into law. But one of the four bills that received support from all parties in this chamber was left to die on the Senate order paper in place of passing Bill C-377.

What I am talking about is Bill C-279 that had been introduced as private members' legislation by my NDP colleague, the member for Esquimalt—Saanich—Sooke. Bill C-279 was going to amend the Canada Human Rights Act to include gender identity as a prohibited ground of discrimination. All parties supported and passed that private member's bill in the House in the 41st Parliament. However, instead of championing that bill in the Senate, the previous Conservative government decided to promote the passage of Bill C-377. Conservatives chose to attack organized labour rather than back Bill C-279, which would have protected the rights and freedoms of gender and gender variant Canadians who deserve the same treatment and rights as every other Canadian.

Not only did the Conservatives attack unions, they told trans and gender variant Canadians that their rights were not a priority. Thankfully that was yet another mistake of the Conservatives that our government has pledged to rectify. The commitment to amend the Canada Human Rights Act to add gender identity as a prohibited ground for discrimination is in the mandate letter for the Attorney General of Canada.

We have seen this ideological pattern before in terms of the old war on the environment, the war on the civil service, and the war on evidence-based policy. We have taken stands to reverse all of those previous battles. Now with Bill C-4, our government brings to an end the war on organized labour.

The role of this government, of any government, is to create jobs, but it is not just about creating any jobs, it is about creating good quality, secure, well-paying jobs. We recognize that unions help to do this. They ensure fair compensation for workers, promote safety for individuals, and protect workers' job security and their well-being.

A secure worker is a more productive worker and productive workers are good for the economy. We understand this. The previous government did not. As I said, the war on organized labour is over. Unions are not the enemy of progress, they are a partner in that progress. Our government is committed to working with them, not against them, to further the economic development of this country.

For these reasons, I urge members in the House to vote in favour of Bill C-4.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Madam Speaker, you are right, and I am sorry.

Let me get back to that question: “Why do we have to dump the Conservatives?” I found some quotes, and here is one of the best ones:

Get involved! Take the time to help make change happen! We are looking for volunteers in various ridings. Our goal is to talk to as many people as possible to tell them to vote for a change in government.

They were even offering training on how to vote. It is democratic, but I am skeptical about the reasons and motivations underlying our unions' big democratic push. That message was sent to all union members.

Here is another good quote I found when I listened to the debates and read some accounts of our debates.

In response to my colleague from Louis-Saint-Laurent, who asked the minister to explain how it could be undemocratic to have a secret-ballot vote for unionization, this is what the minister said:

...it is undemocratic because the process used by the previous government did not include consultation. They did not go out into our community and apparently did not even consult with employers.

If I follow the minister's logic and understand what she said, Bill C-4 must be undemocratic.

When is the minister going to come to my riding, Mégantic—L'Érable, to consult the workers there? It is unbelievable. When is she going to come and consult the businesses in my region? Will she commit, here and now in the House, to visiting every riding in Canada to ask each and every worker their opinion on Bill C-4?

I invite the minister to come to my riding and I invite all of my colleagues across the aisle to do the same. I will arrange quite a visit for them.

Not only will the minister be able to consult each and every worker, explain her position, and hear the workers' opinions, but at the same time, she will also discover a very vibrant region full of motivated entrepreneurs and hard-working people.

However, she will also meet workers who do not agree with her on Bill C-4 and who cannot afford to make the trip here to the nation's capital to make the government hear what they have to say. Most of all, she will meet people who have absolutely no desire to come and listen to what we say here, because they are too busy earning a living and taking care of their families.

Between us, without mentioning anyone by name, since the vote was held by secret ballot, I will share a little secret with the House. I know that it will stay within these walls. When the minister comes to my riding, she will also meet unionized workers who voted for the Conservative Party. Indeed, she will.

A number of unionized workers voted for the Conservative Party and chose to support the party despite the millions of dollars that the big union bosses decided to spend to fight the big bad Conservatives, who asked them to be accountable to the workers.

She will hear that they are not at all pleased with how their boss spent their union dues during the election campaign. These people feel cheated because their money was used to fight their own democratic convictions. They are angry because their money was not used to defend their working conditions, but to promote a partisan political ideology that they do not share.

What 86% of unionized workers want is for their hard-earned money to be used properly and not for campaigning for or against a party.

Unions are the only organizations to receive so much public money without having to be transparent. Why is the Liberal government against that?

For all these reasons, I will be voting against Bill C-4.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I am pleased to rise today to speak to Bill C-4. Every time I speak in this place, as each of us does, I remind myself that I do so as the representative of the constituents of Mégantic—L'Érable.

As a newly elected member, I could easily get swept away by our magnificent nation's capital and its surroundings. It was with my constituents in mind that I prepared this speech.

If my colleagues do not mind, I would like to take this opportunity to point out that yesterday, the Eastern Townships public health department released its report on the health of the people of Lac-Mégantic, following the tragedy in that town. This report revealed that residents are still struggling and still need the support of members of the House. I think that all parliamentarians here would publicly agree to support the people of Lac-Mégantic, who have suffered as a result of this tragedy. I urge the government to work with all parliamentarians to help everyone get through this tragedy, which was, of course, a very difficult experience for the people of Lac-Mégantic. We will have to use the necessary resources, and we will all work together, across party lines, in a non-partisan and non-political manner, to ensure that the people of Lac-Mégantic get the services they need.

I want to start by saying that my speech on Bill C-4 is in no way an attack on unions or union leaders, and is certainly not an attack on the unionized workers who work hard to earn a living and support their families.

What I would like to talk about today is in fact the thousands of workers who have no corporate or partisan interests. They are happy in their jobs. They like being properly represented by their unions, and when they go home at night, they are just as happy to be with their families and forget about work until the next morning. That is the daily life of most workers, those whose voices we do not hear, those whom we tend to take for granted.

Here in the House and at the various levels of government, whether local, provincial, or federal, many people claim that they speak for those silent workers. Lobby groups and unions all claim that they speak on behalf of all of their members and in their place. It is easy to do so, because those individuals do not hear us. They do not attend meetings with the decision-makers and, at the risk of disappointing members, when they go home tonight, they probably will not read today's Hansard.

Why? Because they are busy. They work hard to earn their paycheques and take care of their families and their homes. They are also busy paying the bills. They expect us, their MPs, to do our work like they do theirs. They expect us to take care of business in our ridings and in our country, to manage their money as though it were our own, and to build a better future for Canada. That is what those thousands of workers expect from us.

They expect that from their union too. They expect their union representatives to deal with their working conditions and employer-employee relations and to be there when problems crop up. Like us, union representatives are elected. Like us, they do their best to represent their members, as we do for our constituents.

I would like to take a moment to thank the unions that have helped build the country we have now by improving the lives of all workers.

Bill C-4 repeals two statutes, the purpose of which was quite clear, namely to allow union members to vote for union certification by secret ballot without worrying about the pressure and corporate interests of the big unions.

We have all heard the questionable stories about people being pressured to sign union membership cards by three or four people who are not necessarily well-intentioned. Often those people are not even co-workers.

I cannot see how a worker is supposed to refuse to sign when those three or four people threaten to stay at his apartment, home, or the restaurant where he is eating, until they get what they want.

The legislation gave that worker a way out by ensuring that his final decision would be made by secret ballot. In other words, when faced with two or three individuals insisting that they would not leave his home until he signs the card, he could always say yes, knowing that he had a way out.

That person would be able to vote by secret ballot, to make an informed decision, free from pressure from either the unions or those three or four people who wanted to force the person to sign the membership card.

With this bill, those three or four individuals would not have stuck around at the worker's front door long, trying to get a signature. That is the truth. I have to wonder why certain unions still use such methods to represent workers. Are they truly trying to defend the interests of their members or future members? Or are they simply acting in their corporate interest, to grow their own organization and to get the associated union dues?

What is really at stake with this old method is workers' money. Unfortunately, some unions are prepared to do anything to get the workers' money and do not care about what is good for them.

As the saying goes, the union wants what is good for you and wants your goods as well. That is the truth. Why are the Liberals, in one of their very first actions in government, going after Canadian workers and this democratic safeguard? I would truly like to understand.

Setting partisanship aside, how can this Liberal government, which from the beginning of the session has been spouting democratic principles, sabotage at the first opportunity a law that finally gave a voice to workers who work hard and want to avoid problems?

This law gave them a way out, a means to finally have their say, without fear of reprisal, on whether they want to be part of a union or not.

I listened to the comments of the members opposite, and since the beginning of the debate on this bill, I have not heard a clear answer. I heard the arguments of my colleague, who has done a fine job since the start.

He has a lot of experience as an opposition member. He highlighted the benefits of these two bills. I listened to the answers the minister gave him, but, unfortunately, I still do not understand.

I must therefore come to the conclusion that Bill C-4 has only one goal, namely to allow the unions to perpetuate their old ways of doing things. We tried to correct the situation in the interest of workers.

Why is the Liberal government doing this? You can find the answers if you look hard enough. If the other side does not provide the answers, you have to look a little harder and go back in time. You try to think about what happened before that could explain why the Liberal government absolutely wants to let the unions go back to their old ways. I think that I found part of the answer when I considered all that was said in the last federal election.

Last year, well before the election campaign began, the major unions ran a huge campaign against the Conservative Party using millions of dollars given to them by workers to represent them and negotiate their working conditions. The cat is out of the bag.

Here are a few examples of what was said in the union propaganda that was given to all unionized workers in my riding over the past year. Some of the key phrases were “the Conservative government's track record” and “what you need to know to vote for a better quality of life”. Those statements were then explained.

That is electioneering, and it was paid for with public funds. All Canadians paid for those documents through tax credits, and they were handed out to all unionized workers so that they could take a stand.

There was other fine rhetoric included in these pamphlets, such as “contempt for Parliament” and “actively anti-union”. On one page, the unions claimed to understand workers' values better than did the workers themselves. It read, “your values and vision for the future”. The unions were telling workers what to think. That is what they told unionized workers using Canadian taxpayers' money.

Later on, the unions told workers what they needed to know to vote for their safety and the safety of their loved ones. They said that transportation was less safe. They used the Lac-Mégantic tragedy to oppose what we had done. It is absolutely unbelievable.

As I mentioned at the beginning of my speech, some people want to use tragedies to score political points and advance their cause. As we saw recently in the Quebec City region, people are talking about Lac-Mégantic just to promote themselves. We do not want that. I just wanted to mention that as an aside.

Here are some other excerpts: “many reasons to vote against Harper”, “the Conservative track record”, “what you need to know before voting“, and so on.

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.

Decorum in the House

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Immigration]

Mr. Speaker, my point of order arises from the debate on Bill C-4 that occurred prior to question period.

The member for Hamilton West—Ancaster—Dundas delivered her speech. The first question posed to her was by the member for Dauphin—Swan River—Neepawa.

Immediately after posing the question, the member for Dauphin—Swan River—Neepawa proceeded to leave the chamber and to heckle the member for Hamilton West—Ancaster—Dundas as he left the chamber from his seat as well as in the corridor.

I am a new member. I understand that the member for Dauphin—Swan River—Neepawa is not. I would appreciate some clarification as to whether this kind of behaviour is appropriate, and if not, I would ask the chair to politely intervene.

Canada Labour Code

[Francesco Sorbara, Liberal, Vaughan—Woodbridge, ON]

Mr. Speaker, I rise today to talk about a very important bill, a bill I invite all members of the House to support in order to restore a clear and balanced approach to labour relations in Canada.

Before I begin, I wish to acknowledge that both my parents were union members. It is through the labour movement and through their fight for fair wages, fair benefits, and safe working conditions that my family and our family prospered in Canada. We owe it to a strong middle class.

If passed, Bill C-4 would repeal the legislative changes made by Bill C-377 and Bill C-525, both of which have undermined labour unions and labour relations in our country. Let me tell members how.

I will start with Bill C-377.

Bill C-377 amended the Income Tax Act to require all labour organizations and labour trusts across Canada to provide very detailed financial and other information to the Minister of National Revenue. This information would then be made available to the public on the Canada Revenue Agency's website. If labour organizations do not comply with these rules, they would face hefty fines.

At first glance, these new reporting requirements might seem like a good thing; sharing financial information promotes transparency and accountability. I am sure members of the House would agree that is a worthy goal. I do. However, and there is a big however, if we examine the bill further, we will find that in fact it discriminates against labour unions.

First, Bill C-377 discriminates against unions because it places onerous, unfair public reporting obligations on them that do not apply to other organizations, such as professional associations that benefit from similar treatment under the Income Tax Act.

Why is this onerous task imposed on unions alone? Why tip the scales? Perhaps these financial reporting requirements would be justified if similar requirements did not already exist elsewhere, but they do.

Unions already are required to disclose financial information to their members under the Canada Labour Code and many provincial labour relations statutes. This includes British Columbia, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia and the beautiful province of Newfoundland and Labrador.

In addition to Bill C-377 discriminating against unions, it is also unnecessary. It creates an extra administrative burden, just another layer of red tape. The Liberal Party of Canada does not like red tape.

There is another reason that the bill is inherently unfair to labour unions. Simply put, it creates an imbalance between unions and employers during the collective bargaining process. How exactly? By giving employers access to key union information, without employers being required to share similar information. This makes for a very uneven playing field during the collective bargaining process.

For example, employers would know how much money the union had in a strike fund for a possible work stoppage and how long they could stay out if it came to a strike. This clearly undermines the union's most important negotiating lever.

I would like to move on to Bill C-525, which Bill C-4 would also repeal.

Bill C-525 changed the way that unions were certified and decertified under the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act. It replaced what is known as a card check system with a mandatory vote system.

For decades, and I emphasize decades, prior to Bill C-525 coming into force, if a union demonstrated that a majority of workers had signed union cards, the union could be certified as the bargaining agent for those workers. A vote was only required if less than a majority signed, but there was still enough to indicate a strong interest. Under the Canada Labour Code, it was 35% of workers. Bill C-525 changed that to require that unions show at least 40% membership support before holding a secret ballot vote and to require a vote even where more than 50% of workers had signed a union membership card.

More important, Bill C-525 also makes it easier for unions to be decertified. It lowers the threshold to trigger a decertification vote from majority support to 40%.

Overall, as stakeholders such as the Canadian Union of Public Employees have pointed out, the card check model is faster, more efficient and more likely to be free of employer interference than the new method.

In short, Bill C-525 makes it harder for employees to unionize and makes it easier for a union to be decertified. It tips the scales in an unbalanced manner.

Bill C-525 made significant changes to a system that worked. There was a democratic and fair system in place for employees for decades to express their support for a union. A card check system relies on majority support, a key democratic principle.

The bottom line is that Bill C-377 and Bill C-525 upset the delicate balance between the rights of employers and the rights of employees. The bill put before the House, Bill C-4, seeks to repeal the legislative changes made by these two bills. It seeks to restore the rights of labour organizations in our proud country.

Unifor's national president, Jerry Dias, welcomes Bill C-4. He said, “we have simply been given back rights that were taken from us”. Why are these rights so important? Because the rights of labour unions and the workers they represent are also the rights of Canadians. Who are those Canadians? They are carpenters, electricians, plumbers, and cleaners, the people we encounter every day. They are Canadians who are working hard to put money in their banks and to save for their children's future.

As elected officials, we have a responsibility to protect those rights. Labour unions advocate for decent wages and safe working environments. They play an essential role in maintaining positive labour relations between employers and employees. Sound labour relations protect the rights of Canadian workers and help the middle class grow and prosper.

Let us not allow Bills C-377 and C-525 to continue to diminish and weaken Canada's labour movement. I urge the members of the House to repeal Bill C-377 and Bill C-525 and lend their support for Bill C-4, which would restore a fair and balanced approach to labour relations in Canada.

[Filomena Tassi, Liberal, Hamilton West—Ancaster—Dundas, ON]

Mr. Speaker, today I will be splitting my time with the hon. member for Vaughan—Woodbridge.

I am honoured to give my maiden speech on Bill C-4, a bill that would re-establish a productive balance between unions and employers. I represent the riding of Hamilton West—Ancaster—Dundas, where many proud union brothers and sisters reside, work, and prosper together. The building trades, teachers, electricians, labourers, police, steelworkers, carpenters, and many others work to build this prosperous and peaceful city through their ingenuity and stubborn belief in hard work that should be rewarded with fair wages, safe working conditions, and equality of opportunity.

These are the values that I grew up with. Unions were a big part of my life and my family's life for the last two generations. I am the daughter of a proud steelworker. My father, Phil Tassi, was a millwright at Dofasco. It was through his hard work and passionate commitment that my family prospered and that I, with my brothers and sister, were able to build lives founded on security and stability. In fact, my sister, my brothers, my mother, and I all worked in the steel industry.

While Dofasco was never unionized, it benefited from what other unions in Hamilton attained. The hard-won achievements of unionized labour set an example for my father's employer to give its workers comparable rights, safety, and wages. This is but one very personal example of how unions directly and indirectly have improved the lives of Hamiltonians.

When conditions are at their best, unions, employers, and government work together to build safe, prosperous, and stable communities. It is this balance that Bill C-4 seeks to re-establish. This bill sets right what was skewed by Bill C-377 and Bill C-525.

Hamilton is a city whose history is closely connected to the labour movement. It was in Hamilton that the movement for the nine-hour workday in Canada was started. It was in Hamilton in 1920 that Katie McVicar and Mary McNab, who were shoe workers and members of the Knights of Labour, fought for the rights of women to join the labour force and to be respected.

It was in Hamilton in 1935 that steelworkers organized a strike. Their employer did not accede to their demands. However, a greater victory was achieved. The union expanded to include all workers, regardless of skill or nationality. That was progress. These are the footings of the middle class in Hamilton: strong, built of cement, steel and hard work, wrought by the hands of people who believed in themselves and in one another.

Unions have been creating conditions where individual workers can be resourceful, innovative, and contribute to an employer's intellectual capital. That is good for workers and for business.

The Prime Minister has made a commitment to restore a fair and balanced approach to labour relations in this country. This will be a welcome relief from the previous government's approach, where labour and employers were pushed apart by legislation aimed at dividing and separating, rather than creating a healthy balance between worker and employer.

One only needs to look to Hamilton to see how a city can be built up through labour success and ravaged when industry declines. Even former Conservative Senator Hugh Segal criticized Bill C-377. He stated:

This will actually worsen labour relations in Canada, slow economic development, and upend the balance between free collective bargaining, capital investment and return, which are vital to a strong and free mixed-market economy. As a Conservative, I oppose the upending of this balance.

There is no need for Bill C-377. We already have legislation in place to ensure that unions are financially accountable to their members. All of this is referred to in the Canada Labour Code. The needless red tape created by Bill C-377 creates an unfair playing field, where unions could be disadvantaged during collective bargaining. We believe in fairness for both parties during collective bargaining and feel that tilting the game in favour of one party is an affront to the ancient principles of fairness upon which Canadian democracy is founded.

The introduction of Bill C-377 in the House of Commons was an affront to Hamilton's working people. It was a bill designed to solve a problem that did not exist. No one I know in Hamilton West—Ancaster—Dundas has ever told me they are clamouring for the far-reaching and personal information this legislation was designed to uncover.

Why was the last government interested in the private, personal information of union members? The Income Tax Act protects taxpayers from revealing their personal financial information. Yet, Bill C-377 reversed those protections and will force the disclosure of people's personal information to the general public. That is one of the reasons we are repealing this unnecessary and mean-spirited bill.

Unions have an important role to play. This repeal would allow the unions to continue to focus on finding their members work in this challenging economy, rather than focusing on mountains of unnecessary filings to the CRA.

Unions are democratic organizations and they are accountable to their members. If members do not like what unions are doing with their money, those members can vote their leaders out.

In fact, Bill C-377 requires that labour organizations disclose information that no other organization is required to disclose. That is not fair treatment.

There has been some discussion in the House about how other countries in the world require disclosure. Let us consider some of the facts.

I believe one example of France was raised. However, in that country, not only do the unions report but the employers report, too. In the United States, legislation similar to Bill C-377 has existed for a number of years, but one could argue that it has done little to further the cause of transparency and accountability.

Having discussed Bill C-377, I will briefly consider the ramifications of Bill C-525.

Both the Federally Regulated Employers—Transportation and Communications and the Canadian Labour Council have argued that Bill C-525 establishes a dangerous precedent for labour relations law reform in Canada.

Traditionally, in Canada, any amendments to labour relations law have been arrived at through tripartite consultation between employer, labour, and government. This tripartite consultation has been considered essential by stakeholders to the maintenance of a labour-employer balance. Bill C-525 was introduced as a private member's bill, and private members' bills are outside the traditional tripartite process.

The tripartite process encourages balance between labour and employers. However, the previous government chose to use a back door to pass its legislation instead. This demonstrates a clear and utter disregard by the previous government for Canada's democratic tradition in labour relations law.

Bill C-525 is also an anti-union bill. More specifically, by requiring a secret ballot vote, Bill C-525 adds an unnecessary layer to the process of union formation. Bill C-525 makes it more difficult for employees to unionize and easier for a bargaining agent to be decertified.

As I have already said, organized labour has provided stability and security to workers. To impede unionization is to hold workers back by making them fearful of being thrown into precarious working conditions. This makes people focus on the short term. It makes them anxious and tentative, rather than open and confident.

Hamilton and Canada were built by proud, confident workers. I came to Ottawa to represent a city that grew out of the fires of industry, through hard work, sacrifice, and care for each other. When Hamilton was most productive, it was because of labour, employers, and government working to create a safe, stable, and prosperous city, where people could innovate and create from a place of relative security. This collaboration depends on a balance between labour and employers, which was upset by the ideology of an anti-union agenda of the previous government.

Bill C-4 would be a positive step toward righting the balance between labour and employers.

The House resumed from February 3 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.

Business of the House

[Dominic LeBlanc, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I thank my friend for his very important question.

This afternoon, we will continue debate on the Conservative Party's opposition motion. Tomorrow, the House will debate Bill C-4, which repeals provisions having to do with unions.

On Tuesday, February 16, after our constituency work week, as my colleague says, we will resume debate on this very important bill.

On Wednesday, we will commence second reading debate on the bill currently standing on the order paper in the name of the President of the Treasury Board.

Lastly, I would like to designate Thursday, February 18, as the fourth opposition day of this supply period.

I want to wish you, Mr. Speaker, and colleagues a very productive and hard-working week in your constituencies and look forward to seeing everybody back on February 16.

[Erin O'Toole, Conservative, Durham, ON]

Mr. Chair, with respect to my friend's suggestion, a subcommittee on agenda is essentially meant to be in place for forward-looking business, as the committee is seized with things and as members of Parliament are torn in various different directions with demands. We have the whole committee here, as opposed to a subcommittee. Agendas are fairly light. We're on Bill C-4 in terms of the legislative calendar, so why would we defer to a smaller group of this group to set the first agenda topic?

I'm suggesting we choose the first agenda topic, so that we can get witness names in by next week. I'm not saying you have to pull them out of your briefcase today. I'm saying next week, so that we can have some substantive hearings within a few weeks. I think Canadians expect that.

Some committees, in my experience, did not really use the subcommittee if the committee talked committee business on a regular basis. We have everyone here. This is our suggestion. In fact, we've put two items up for the group to have consensus on. I think we'd all agree that both subjects are issues that Canadians would like a committee to look into in some detail. Rather than defer this to a smaller group of this group, why don't we take a moment, come up with how many hearing days we think the topic would need, and then submit witnesses by next Wednesday?

I think it's a reasonable request, Mr. Chair.

Canada Labour Code

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, I want to ask my colleague a question regarding consultation on Bill C-4.

The member talked about how none of the consultation happened before with Bill C-377 and Bill C-525. However, we did extensive consultation. We had many union members and union leaders come in at committee and Senate stage to talk about this.

Does the member not understand that some of the polling we did with Leger and Nanos showed that more than 84% of union members were in support of the legislation we put forward.

Did the Liberals do any consultation with actual union members, or was it just with union leadership?