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.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

The call for proposals has just concluded. We're very excited about this program. This is extending our partnership with the skilled trades and also with the organized labour movement.

Look, the previous government made an extraordinary effort to decimate, I would say, the organized labour movement. We know that in fact organized labour and unions are a critical component to a strong and healthy middle class. That's why we introduced Bill C-4 and we finally passed it. I can tell you that unions are thrilled. They are so happy to see a strong government, a Liberal government, as a partner in ensuring a strong labour movement.

That's why we moved forward with union-based training. It's another way we can demonstrate to unions that we believe that the work they do is critical to Canadians, not just in the things they build and the work they do on behalf of all Canadians but also in ensuring that next generation of talent. We look forward to making announcements in the months to come about how we'll be supporting unions with both equipment and recruitment to ensure that every Canadian, regardless of their gender, their cultural background, their physical ability, or their place of birth, will have an opportunity to participate in the skilled trades.

[The Speaker, Geoff Regan]

I have the honour to inform the House that when the House did attend His Excellency the Governor General in the Senate chamber, His Excellency was pleased to give, in Her Majesty's name, the royal assent to the following bills:

Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures—Chapter No. 9.

Bill C-18, An Act to amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act—Chapter No. 10.

Bill S-233, An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements)—Chapter No. 11.

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—Chapter No. 12.

Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code—Chapter No. 13.

Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act—Chapter No. 14.

Labour Relations

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

Mr. Speaker, I would like to thank the member for Vaughan—Woodbridge for his work on behalf of Canadian unions. This week was a great week for Canadian labour and Canadian workers.

Yesterday, the Senate passed Bill C-4, which is an act that repeals two Conservative bills that were both egregious, and deliberate attacks on organized labour. As well, our minister ratified ILO Convention 98, which is an act that guarantees workers' right to organize and bargain collectively. This government ran on a platform of fair and balanced labour laws, and we will deliver that to Canadian workers.

Concurrence in Vote 1—Privy Council Office

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Madam Speaker, I heard the opening comments from my colleague across the way about how great the new Senate process has been for the Liberals. Then I thought to myself that it was interesting, because the Prime Minister is going to be forced to prorogue at some point this summer, because the so-called independent senators are gathering as a united party of united independents in the Senate, which means that they are going to have their own agenda. They are seeking committee chairmanships and committee placements. The only way those things can actually be done in the current system is through prorogation.

We have had numerous pieces of legislation come back to this House that the government has actually ignored. The government is hailing its new appointment process and is putting it out there as a spectacle for Canadians to buy. However, the government is not listening to any of the advice the senators have sent.

We are not sure if Bill C-4 is going to come back to the House a third time or if the Senate is actually going to pass it or accept the recommendations from the House. We now know that a budget bill, a confidence bill, has been split in the Senate. I have been here a long time, and I have never seen anything like this before.

The Liberal government on the other side is all about announcements, fuzzy good feelings, photo ops, and headlines, with no thought of the long-term consequences of the actions it is taking.

I would like my hon. colleague to stand up and say whether he and the rest of his colleagues will be accepting the amendments that come from the Senate on future legislation. Otherwise, the whole process is nothing more than a sham.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Madam Speaker, I listened very intently to my colleague's speech. My question for him in his capacity as a minister is not so much with respect to his portfolio but about the infinite wisdom of his leader, the Prime Minister, who has empowered the Senate, which has basically been amending numerous pieces of legislation such as Bill C-4 and other pieces of legislation and sending them back to the House, after which the government has subsequently ignored the wishes of the Senate.

What I want to know from the minister is this: what is he prepared to do and what is he prepared to say at the cabinet table when the Senate parses this bill and does not pass all of this budget implementation bill?

Extension of Sitting Hours

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

Madam Speaker, anyone watching the debate at home would see that the parliamentary secretary laid out a very logical and truthful analogy of how this place has been running to date.

When I wake up in the morning, I think to myself, “What can I do today to help the Conservatives and the NDP?” I get seized with that question.

I just want to share with the new members that this does not play well back home. We had an opportunity to bring Bill C-4 forward in the House, but the NDP stood up and split the vote on whether the member should be now heard. We know that the CLC conference was going on in Toronto, and the NDP members were seen as being part and party to delaying Bill C-4 coming to the House. It is very important to organized labour, and they were taken to the woodshed.

I would like to ask the member—

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I will begin my contribution to this debate by reiterating what we have heard from a few members. I do not think the issue is that members mind sitting longer to accomplish important work. We were sent here to do that work. If there are things that need to get passed and we feel they are of value to Canadians, we are willing to do the work to get it passed. The issue is that sitting longer does come with real consequences both in terms of costs to the House by not just having MPs here, but all the staff that make debate in this place possible and that support this work. Having them come in to work overtime has a real cost. There is a productivity cost that may be incurred for some of us who stay up past midnight and then get up for eight o'clock meetings that will not get pushed back. That is fine, and it can be a reasonable choice to make. Sometimes we just have to get things done, which means staying later. Putting in some overtime is not a problem. However, the question is why we are in a situation that we have to do that.

It is important to understand how we got here. I do not think anyone would disagree with the claim that this is not ideally how one would run things around here. To ask MPs, or staff on the Hill, on relatively short notice, to stay until midnight, and then be back again every morning is not the ideal way to run the House of Commons. That is why it is exceptional and not usually done. I have not heard anyone today suggest it should.

Part of how we got here is simply. The government has been inept for a number of months. That ineptitude manifested itself when the government brought what it called a discussion paper to change the Standing Orders. It then, at the procedure and House affairs committee, where that would properly be dealt with before coming to this place, decided to move to close down that conversation. The opposition parties rightly reacted for a number of reasons. One was that it did not seem to be a good faith discussion when the government had said it wanted to have that and then moved to close it down. Therefore, it did not feel like the government was acting in good faith on that. However, the opposition members also rightly objected because all they were asking for, in order to embark on that conversation in good faith, was that the government would agree in advance to seek all-party agreement before moving ahead with changes to the Standing Orders. This was not some cockamamie scheme that the opposition parties of this Parliament came up with. It is a long-standing parliamentary tradition, which has worked to bring in significant parliamentary reform.

I grew up hearing stories of the McGrath committee at the dinner table. My father sat on that committee. It brought forth changes for the Speaker to be elected by secret ballot. That was a huge change. It also made private members' business votable, not in the way it is currently. It was the beginning of ensuring that at least some private members' business would be voted on.

These were just some of the substantial reforms that were made in the House via all-party agreement. Therefore, the idea that somehow we would never get all-party agreement, and it was just a pipe dream, is completely false. There are ample examples of that. The hon. official opposition House leader has outlined a number more, in fact, some dating back to the 14th century in Britain. Certainly, there are a number of cases where we have seen good reform come out of all-party work.

Therefore, the opposition said it did not think it acceptable for a government to unilaterally change the rules of this place. This place is meant to serve Canadians, not the government, and the interests of the government are not always the same as the interests of Canadians. Not wanting to depart too much from debate on the motion, the creation of the infrastructure bank is a good example of where the interests of the government do not align with the interests of Canadians. However, I will not get into that.

The filibuster that happened and some the time that was spent in the House, and there was a lot, was spent rightly. People were standing up to a government that thought Parliament was here to simply do whatever it wanted. We have seen that in Winnipeg with the call for an inquiry into the building of the new police headquarters. Because that project got out of hand and went way over budget, there are questions about whether the CAO of the city and the former mayor were involved or accepting money. Those questions are out there, and people are asking for an investigation. What people are rightly asking is whose hand was on the wheel, who was overseeing this and if it was not the job of backbenchers and opposition politicians to provide appropriate scrutiny.

That is what these tools of Parliament allow us to do. Standing up for those tools is part of that job. The “just trust us” attitude of the government is not sufficient. The government is not only saying “just trust us, we are doing a good job”, but it is talking about changing the rules of Parliament so we have no choice but to just trust it.

If the proposals in the discussion paper did not do that automatically, that was certainly the thrust and direction of them. The Liberals' way of doing it would set the principle and the precedent that a majority government could unilaterally change the rules of the House.

It is not our job to just trust the government. It is not our job to just help the government get legislation through the House. It is the government's job to get legislation through the House. By refusing to honour a long-standing parliamentary tradition of seeking all-party consensus, the government was at the root of the delay that happened in the House. As a result, it could not get its legislative agenda through. It is not even a very big legislative agenda, and that speaks to the magnitude of the Liberals failure as a government to work collaboratively with opposition parties.

As my colleague rightly pointed out, that was something the Liberals committed to doing. They made it a cornerstone of what they wanted to do. They said they wanted to work collaboratively and take the work of committees seriously.

How is the government taking the work of committees seriously when it presents a discussion paper on changes to the Standing Orders then moves to shut down the debate? How was it a sign of respect for the work of committees when the special committee on electoral reform came out with a proposal on how to advance the government's own election commitment? Even in the face of challenge and even though we said that we on this side of the House disagreed substantially on how we should or should not change our electoral system but nevertheless here was a path forward that we we could at least agree on, a general outline of what the process would look like, the government threw it back.

When we hear the government House leader today say that the government wants committees to do their great work and it wants more debate in the House, as if somehow we are to believe that this is really the motivation of the government, it is a challenge. It is a challenge on this side to take the Liberals at their word on those things because of what happened at PROC, because of what happened with Motion No. 6, because of what happened on democratic reform, and now with what is happening with this motion.

The government, essentially after botching its job, which is to guide legislation through the House and to work with other parties to do that, is now asking its backbench to make up for the mistakes, instead of looking at its cabinet, asking what has gone wrong, why has it been unable to advance its legislation through the House and what is that saying about the quality of the government's leadership.

These are questions the Liberals should be asking instead of asking all of us to put in extra time at the last minute to help them get through an agenda that they say is going to be positive for Canadians. That is fine. I do not believe that for a minute. Getting Bill C-44 through the House is not an important priority.

I would love to see the committee get to work on the infrastructure bank. When we proposed to separate that from the omnibus bill, the Liberals said no. They then had the audacity to stand here and say that they valued the work of parliamentarians and committees. Why not let a committee study that? The government House leader even went so far as to say that the government had the power to call witnesses and do an in-depth study. That was our point about the infrastructure bank, and the Liberals shut it down. For the Liberals to ask us to take their word that this is being done in good faith is a little much.

There are other aspects of this that would be useful to get into, but we are pushing up against the clock, not the least of which is the reforms that the Prime Minister has made within the Senate.

We have a chamber full of unelected people who are accountable to no one and it is sending bills like Bill C-4 back to the House. This is after two-thirds of Canadians voted for parties that said they wanted to see the anti-labour legislation of the last Parliament repealed. People who are accountable to no one have sent the bill back and have refused to pass it.

That has to get done. It should have been done a long time ago. It speaks volumes to the ineptitude of the Liberal Party that it has not already been done. It is a straight up repeal. It was a matter of getting it through the House and then getting it through the Senate. The Liberals failed to do that in a timely way. It is just an indication of how broken the Liberals are as a government that they cannot get such a fundamental piece of legislation passed. Granted it does not enjoy consensus because there is one party in th House that does not support legislation, but every other party in the House does, even the unofficial parties.

Four out of the five parties that won seats in the last election support the legislation, and the government still cannot get it passed. It does not even do anything new. It just restores labour law to what it was in 2012.

I will defer to questions and answers.

Canada Labour Code

[The Speaker, Geoff Regan]

It being 5:15 p.m., pursuant to order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the amendments tabled by the Senate to Bill C-4 now before the House.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

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

Mr. Speaker, it is such a pleasure to rise and talk yet again about labour relations. Since we have been in government, we have seen a focus on Canada's middle class, and those aspiring to be a part of the middle class. A big part of that is our economy, making sure that we are looking at ways in which we can expand the economy. We understand and appreciate that a healthy middle class, and a growing middle class is healthy for Canada's economy. That is one of the ways in which we expand upon it.

Why do I start on that point? It is because unlike the Conservative Party, we recognize that one of the ways in which we can further advance our economy is by encouraging harmony between management and employees. When we look at what Bill C-4 is all about, it is one of the earliest pieces of legislation we introduced as government. It rectified some bad legislation that the former Stephen Harper government had brought to the House of Commons.

My colleague, who was the critic for labour at the time, on several occasions spoke in the House and defended how important it was that we have a proper balance in labour relations. It is something which the former Conservative government members still have not learned. They are still out of touch with what Canadians want to see. We see that demonstrated on issues such as this. Once again, we have the Conservative Party that is out of touch with what Canadians want. We believe that Canadians want to have a balanced approach. If we are successful doing that, we will be contributing to more economic growth in our country, and that is something we all want to see.

I listened to the two Conservative questions, and members wanted to focus their attention on process. On the issue of time allocation, my colleague had it right. The Harper government used it in excess of 100 times, and Conservatives now want to focus some attention on that issue. It is interesting to see that it is not just the government that has recognized that the Conservative Party does not want to pass this legislation. If it were up to the Conservative Party, this legislation would never see the light of day. Conservatives use excuses of the Senate that the same applied during second and third reading. If we did not use time allocation, the Conservative Party would continue to fill the spaces with the idea of never seeing this legislation pass.

To the credit of the New Democratic Party and the leader of the Green Party, they recognized that. It is rare to see opposition parties get behind and support time allocation. That should speak volumes in terms of why this is good solid legislation, because we have a majority that goes beyond one political party in favour of time allocation on this piece of legislation. I thank my New Democratic colleagues and the leader of the Green Party in recognizing that Bill C-4 is a good piece of legislation. It is something which we talked about in the last election. To restore more positive labour relations was a part of our election platform, and it has been a long time coming as we tried to get it through. Finally, we are starting to see that the will of the House of Commons, which goes beyond just the government party, is to see this legislation ultimately receive royal assent.

We look forward to restoring, and sending the message that labour relations are important to this government. We recognize the valuable contributions that unions have provided in the past, today, and well into the future. As a government we recognize that, and we want to do what we can. In playing our important role, by passing legislation of this nature, it will send a strong message. We thank members across the way who are supporting the bill, and would encourage the Conservative Party to get onside, do the right thing, and support Canada's middle class.

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

Mr. Speaker, I will be splitting my time with the member for Winnipeg North to give him an opportunity to get a few words on the record. I am sure everybody is looking to forward that.

I am happy to rise today to speak on the Senate amendments to Bill C-4, but first I want to say that I am very pleased that the Senate chose to accept to repeal Bill C-377 in its entirety. I will focus my comments today on the amendments that relate specifically to the repeal of Bill C-525, which deals with the fundamental right of workers to organize themselves into a union.

Everyone, including labour, employers, and government, wants a fair and legitimate certification process that would do two things. First, it would allow workers to make a free and informed decision about whether they want to join a union or not; second, it would be created through a fair and balanced tripartite consensus process that is based on fact, not ideology, and in which the changes to be made would not be imposed on the stakeholders.

Unfortunately, the lack of evidence for the need for Bill C-525 and the united opposition to the process it imposed on labour relations systems made Bill C-525 unsuitable legislation for changing a fundamental aspect of the Canada Labour Code. That is why I oppose the Senate amendments and would respectfully ask members of this House to do the same.

Let me share with the House the reasons for my opposition.

My opposition is first to the process through which Bill C-525 was introduced and passed. I know proponents of the bill say the process is unimportant and that the only thing that matters is the secret ballot. It is simply a case of “the ends justify the means” approach that we saw with the previous government.

This approach not only shows a complete lack of knowledge about good labour relations but also a total disrespect to the parties involved, the employers, labour practitioners, and regulators who have the responsibility to enforce a law that was developed through a poisoned process. Labour law systems are very complex, and the ones that work well are based on a delicate balance between the interests of labour and management that must be respected if and when reforms are to be made.

The stakeholders in the federal labour sector long ago developed a proven process to amend federal labour legislation. It is known as the tripartite process. As a result, there exists a delicate balance that serves fairly the interests of employers, unions, workers, and the Canadian economy.

The last major consultative review of part one of the Canada Labour Code occurred in 1995, and the subsequent report, entitled “Seeking a balance” was authored by the well-respected labour-neutral Andrew Sims.

Mr. Sims said that if labour laws are to be changed, it should be done because there is a demonstrated need due to the legislation no longer working or serving the public's interest, and it should be done on a consensus basis. Based on the testimony in the House of Commons and the testimony the committee heard from the major employer and employee groups as well as the evidence from the Canada Industrial Relations Board, Bill C-525 failed to meet that standard.

Beyond the process, let us talk about the evidence, or the lack thereof, for Bill C-525. The sponsor of the bill, the member for Red Deer—Lacombe, had justified the necessity for his bill by saying:

...when we see the mountain of complaints that end up at the labour relations board, it is concerning to me.

I think it would be concerning to everyone if in fact there was indeed a case such as this. Fortunately, it is simply not true. According to Canada Industrial Relations Board, there have been only two founded certification complaints against unions in 4,000 decisions rendered in the prior 10 years before Bill C-525 was passed. In fact, there were more founded complaints against employers than against unions.

A past chairperson of the CIRB, Elizabeth MacPherson, stated in committee testimony, “It's not a huge problem.” There was no evidence ever given to show that the federal card check system was not working in the best interests of workers in either its administrative effectiveness or in its abuse by unions to coerce workers to unionize. What the evidence shows is that employer interference and, more so, employee fear of employer interference is a real phenomenon and is the reason a mandatory vote system produces fewer union certifications.

Sara Slinn was referred to earlier in a previous speech. She testified at the Senate committee during the study of Bill C-525. She is a very well-respected expert on the issue. She said:

In sum, the research evidence shows that there is no support for the notion that votes are necessarily a superior mechanism to cards for determining union representation. Nor does it support the notion that union intimidation or pressure is a substantial phenomenon in certification. What it does demonstrate is that employer interference and, more so, employee fear of employer interference is a real phenomenon. It's effective, and it's more effective under votes than card-based mechanisms.

What is interesting to note is that the labour program under the previous government actually competed a study on the issue of card check versus mandatory voting at the same time Bill C-525 was being debated. That study concluded that:

...the use of [a mandatory vote] regime has been an important factor in the decline in union density in the Canadian business sector.

Unfortunately, the previous government buried that study, and it was only released when we took over the reins of government. It is a fair question to ask why that report was not released. I believe it was not made public because the report's conclusion supports the independent research that shows the answers to the critical question of why union density decreases under mandatory vote versus card check. The evidence shows it is not because workers do not really want to unionize but because there is a real or perceived threat.

Proponents of the secret ballot would have us believe that ideology trumps this evidence, that the secret ballot is the only factor necessary to ensure a democratic outcome. The member for Carleton quipped during his speech that the minister “used rhetoric to attack the secret ballot, which would make any third-world, tin-pot dictators proud.” That is right in Hansard too. It is he who would make tin-pot dictators proud by claiming the only factor necessary to prove that democracy has been served is solely the use of a secret ballot. The third-world tin-pot dictators that the member speaks of, like Robert Mugabe of Zimbabwe or Omar al-Bashir of Sudan, have all continued to remain elected through a system that uses a secret ballot. In fact, there are many countries around the world that conduct secret-ballot elections that many members in the chamber, perhaps all, would agree are not true democracies.

My point is that I do not think we can look at one factor in isolation to judge how effective and democratic a system is, including one that governs union certification. Instead, we must look at all factors in total that influence the process to determine how best to move forward.

Our government believes in a fair and democratic certification program, one that is based on evidence, not ideology or rhetoric, and is agreed upon through a respected tripartite process in the federal jurisdiction. We believe the card check certification is that system.

When our party ran for election, we promised to repeal these laws. We remain strongly committed to supporting the rights of workers. In order for workers and employers, society, and the economy to prosper, we need fair and balanced labour legislation. Bill C-4, as it was originally passed by 204 members in this House, would achieve that goal. I ask members to oppose the Senate amendments and restore fair and balanced labour laws in this country.

The House resumed consideration of the motion in relation to the amendments made by the Senate 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.

Resuming Debate

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I want to pick up on one theme from my colleague's speech about the other place and the time it has taken to get this bill shuttled through.

There is a couple of ways one could interpret the story of the bill.

The one that is the most charitable to the Liberals, and the story they would tell, is that they are the victims of their own success. They made an independent Senate and now that Senate does not always behave as it should. In this case it has rejected the will of Canadian voters, who overwhelmingly supported parties that thought the anti-labour legislation of the Harper era should be repealed, and that took time. They will hopefully come up with a plan to get it through the second time, although it is not clear what the plan is and how long it will take.

The other interpretation suggested by some is that a number of important labour reforms have not happened. Some have been proposed, like in Bill C-34, I believe it is. We have not seen anything about the fair wages act coming back. We have not seen any full pay equity legislation. One wonders maybe if the government is not a victim of its own success, but that having Bill C-4 stay in the system is a convenient excuse to not be pursuing these other important labour reforms.

I wonder if the member wants to help us parse those various interpretations of what is going on.

[Sheri Benson, NDP, Saskatoon West, SK]

Mr. Speaker, I rise to support the government's motion to disagree with the amendment by the Senate to Bill C-4. In fact, I am saddened to have to speak to this bill again.

Bill C-4 was passed by this House, with no amendments, and sent to the other place, where it was adopted at second reading and where it also went through the committee process, again with no amendments being tabled or adopted.

However, at third reading, certain members of the other House proposed amendments. Of course, as parliamentarians, it is certainly appropriate to study legislation before either place and to propose amendments that would improve or clarify the bill at hand. In this instance, the amendments proposed served to completely gut the bill. Senator Tannas' amendment would have had Bill C-525, from the previous government, reinstated. Senator Dagenais' amendment would have done the same with the previous government's Bill C-377. The latter was subsequently withdrawn, so I will speak to the remaining amendment.

The card check system for union certification seems to be a preoccupation of the Conservative members in this House and in the other place. One could put it down to ideology, I suppose, or consternation that something their party, their government, put in place while in government is being dismantled. That is understandable.

What is less understandable is the fact that the Conservatives continue to try to resurrect a law that has been judged by non-partisan experts to be unfair and unnecessary. Andrew Sims, vice-chair of the 1996 task force to review the Canada Labour Code, said:

...the two bills that are repealed by Bill C-4....both had the air of one side seeking political intervention for more ideological, economic, or relationship reasons, and they have corroded the view that legislative reform at the federal sector is based on the tripartite model.

At committee we heard testimony from respected experts, both employer and employee stakeholders and academics, that the previous government's Bill C-525 was a law that was enacted on the false premise that it was indeed the very bedrock of democracy, but nothing could be further from the truth.

Conservatives like to compare the union certification process to elections, but testimony and evidence from expert after expert debunked this claim. The analogy, simply put, is a false one.

Here is what Prof. Sara Slinn, associate professor, Osgoode Hall Law School, at York University, had to say about the previous government's Bill C-525:

...there is a faulty political election analogy at work here. Mandatory vote supporters commonly rely on a political election analogy founded on the view that certification votes are analogous to political campaigns and elections. The attraction of this argument is understandable, appealing as it does to ideas of free speech and informed choice and workplace democracy, but it's a false analogy.

The nature of union representation is not analogous to government power or political representation, and as a result, the nature of decision-making in a union vote is not analogous to that in a political election. First, the nature of the decision is different. Certification doesn't transform the employment relationship. It simply introduces the union as the employee's agent for the limited purpose of bargaining and administering any collective agreement that the union may be able to negotiate. The employer's overriding economic authority over employees continues in any event.

Secondly, there is no non-representation outcome possible in the political context. In political elections citizens vote between two or more possible representatives. There is no option to be unrepresented, so...if union representation elections were to be analogous to political elections, then it would be a vote among different collective employer representatives with no option for non-representation. That's simply not the system that we have anywhere in Canada.

It seems appropriate for me to once again refer to the testimony of Prof. Slinn, who also addressed the issue of the card check versus secret ballot votes for union certification.

...in terms of cards being a reliable measure of employee support, it's often contended that votes more accurately indicate employees' desire for union representation than cards, suggesting that card-based certification fosters union misconduct to compel employees to sign cards. Although this is possible, there is no evidence, either in academic studies or in the case law from jurisdictions that use this procedure, that it is a significant or a widespread problem. Anecdote isn't evidence, and certainly it shouldn't be a compelling basis for legislative change in the face of a lot of academic research finding that mandatory vote systems have negative effects on labour relations and that employer interference in certification is indeed a significant and widespread problem.

My Conservative colleagues want to seriously curtail, I believe, the ability of Canadians to join unions.

Whenever there has been adversity suffered by working people or unfair or unsafe working conditions, unions have been there to advocate for fairness and for safer and more humane working conditions. Unions have been at the forefront of raising awareness and fighting for issues that affect everyone, from the dangers of asbestos in the workplace to the plight of the next generation of workers facing a future of temporary and precarious work.

I am proud to recognize the efforts of the labour movement in Canada in educating Canadians about the scourge of asbestos. I know that all Canadians look forward to the day when asbestos is finally banned in Canada.

As we mark the 25th anniversary of the Westray mine disaster, when 26 miners were killed, I am also extremely proud of the tireless efforts of the United Steelworkers, whose advocacy on behalf of Westray families resulted in the Westray law. We just have to make sure that all levels of government enforce this law.

Unions and their members have long been the proverbial canaries in the coal mine, raising the alarm on many important issues, and any attempt by the Conservatives, whether in the House or in the other place, to make it harder for Canadians to join unions begs the question why. Why the attack on the constitutional right of working men and women to organize themselves in joining unions?

Canadians have the right of freedom of association, and the card check system has served Canadian workers and Canadian workplaces well for decades. The previous government's Bill C-525 was just a thinly veiled attempt, based on dubious anecdotal examples, to tip the balance to the side of the employer, and employers already have the upper hand in most instances.

Rather than refute, once again, the many problems with Bill C-525, allow me to ask my Conservative colleagues what their motivation was in bringing in such an obviously anti-union, anti-worker, and therefore, in my opinion, anti-democratic law?

To quote Hassan Yussuff, from the Canadian Labour Congress:

Why would an employer care if the workers want to join the union? If it's their free democratic and constitutional right in this country, why would employers want to interfere in it other than the fact that if you do have a vote, it gives the employer time to use all kinds of tactics during the time the vote has been ordered? I could list some of the companies that clearly said they were going to close the facility, or cut people's salaries, or lay people off. Of course, ultimately it changed the workers' ability to truly exercise their free choice.

There is no reason to make it harder to join a union other than to tilt the playing field unfairly toward employers.

As I mentioned earlier, it gives me no pleasure to stand here today to speak to Bill C-4 again. In September 2016, I stated in the House my hope that Bill C-4 would receive swift passage so that the risks and restrictions brought about by the previous government's Bill C-377 and Bill C-525 would cease to exist. However, here we are in May 2017, in a déjà vu situation. Just as the previous government's Bill C-377 and Bill C-525 were enacted by the Conservatives in a less than straightforward fashion, as part of an omnibus bill through a private member's bill process, as opposed to being introduced and debated as government bills, so too have the Conservatives in the Senate engaged in what I believe are questionable tactics.

Bill C-4 had already been adopted at second reading in the Senate, studied at committee with no resulting amendments, and yet Conservative senators decided to break parliamentary tradition and propose amendments at third reading. According to the Canadian Encyclopedia:

The Senate has not vetoed a bill from the Commons since 1939. The Senate now very rarely makes amendments of principle. The amendments it does make to bills now are almost always related to drafting—to clarify, simplify and tidy proposed legislation.

The amendments proposed by the hon. senators Tannas and Dagenais were most definitely not to clarify, simplify, and tidy, but rather were designed to torpedo the contents of the entire bill. While the motives of the aforementioned senators are very clear, it remains a mystery as to why and how the government seemed unable to shepherd its own bill through the upper chamber.

Back in September when Bill C-4 was first debated, I congratulated the government on making good on one of its election promises. It would seem that my congratulations were a bit premature. I hope the government will take its responsibilities seriously and work diligently to ensure that it keeps this particular promise to Canadians to restore some balance to the collective bargaining process and to eliminate the onerous and unnecessary financial reporting requirements that the previous government imposed on unions.

I had also enumerated for the government the many ways that we as lawmakers could make life better for Canadians. Last fall, at the one year anniversary of the election, I expressed hope that the new government that had promised equality for women, fairness for indigenous people, and sunny ways for all would work closely with all members in this House, as well as unions and civil society, to bring about better jobs and a more secure future for all Canadians. I am disappointed that seven months later, one of the government's very first pieces of legislation has yet to be passed. How much longer do workers have to wait?

The NDP said that Bill C-4 was a good first step, but we reminded the government that there is still much work to be done. The previous government's omnibus bill, Bill C-4, had decimated the health and safety provisions for public sector workers. We need to restore these important safeguards for the people who deliver our essential public services.

As part of the promised labour policy reform, we asked the government to bring in legislation to update and modernize the Canada Labour Code. As we know, sections of the code that deal with workplace harassment, hours of work, overtime pay, and vacation entitlements are about 60 years out of date. It is time we modernized the code to reflect the reality of today's labour market. We have yet to hear from the government about this.

Given the rise in precarious and involuntary part-time employment, will the Liberals work with unions to ensure that part-time, temporary and self-employed workers have the right to the same workplace and labour protections as other Canadians? These workers are faced with a host of added challenges that include eligibility for EI benefits, and erratic hours that create challenges in pursuing an education, arranging child care, and qualifying for a mortgage.

When will the government commit to reinstating a fair minimum wage for workers in federally regulated sectors? Some provinces and municipalities are already acknowledging that a living wage will make a huge difference in making life more affordable. Will the government step up and lead the way?

We heard just the other day in this House how the government will be pursuing a national poverty reduction strategy. A critical element of a poverty reduction strategy, I would say, and I think most people would agree, is a federal minimum wage. As I have said before, another sad fact is the disproportionate number of workers who would be helped by a federal minimum wage are women and young people. We cannot afford not to act.

Through a combination of policy and propaganda, the previous government started to dismantle the system of protections put in place by decades of advocacy by labour organizations and unions. Their right-wing agenda has generated policies that have hurt the environment, social services, and all workers, but especially persons of colour, indigenous communities, women, the poor, and other marginalized groups.

It is way past time for the federal government to bring in stand-alone pay equity legislation. We have studied this issue and consulted, and the evidence is clear and undeniable. Two committee reports have called for action, yet the government is making women wait. It is unconscionable.

All these are contributing factors to greater income inequality. If the government is truly sincere about helping the middle class, then it must immediately address all of these issues. If the government cannot manage to stickhandle its own bill through the legislative process, what hope do we have that these pressing issues will ever get the attention they deserve? Affordable child care, pay equity, decent accessible housing, and a living wage are all measures that would help Canadians from all walks of life.

It is not enough to state that one is a feminist. It is not enough to stand beside union men and women during the election and raise one's fist in solidarity. These are just words and gestures. We must follow that talk, that show of support, with actions, with leadership, with the hard work of making hard decisions.

It is time to stop the rhetoric of gender lenses, gender-based analysis, of consultation, discussion, of a whole-of-government approach. It is time to act. It is time to do the hard work of governing. It is time to stop blaming the previous government for the inaction of the present government.

The government must pass this legislation. The Liberals must bring in the changes they promised the working men and women of this country. I urge the government to finally make good on its promise to repeal the previous government's Bill C-525 and Bill C-377 and to urgently turn its attention to all the pressing issues facing Canadians. My NDP colleagues and I stand ready to help.

The House resumed from May 5 consideration of the motion in relation to the amendments made by the Senate 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.

Bill C-4—Time Allocation Motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, an agreement has been reached between a majority of the representatives of recognized parties under the provisions of Standing Order 78(2) with respect to the consideration of Senate amendments 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. Therefore, I move:

That, in relation 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, not more than one further sitting day shall be allotted to the consideration of the Senate amendments stage of the said bill; and

That, fifteen minutes before the expiry of the time provided for government orders on the day allotted to the consideration of the Senate amendments to the said bill, any proceedings before the House shall be interrupted, if required for the purpose of this order, and in turn every question necessary for the disposal of the stage of the bill then under consideration all be put forthwith and successively without further debate or amendment.