Bill C-4 (Historical)

An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.
It also amends the Income Tax Act to remove from that Act the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue certain information returns containing specific information that would be made available to the public.

CANADA LABOUR CODE

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

Madam Speaker, I do not know if I was being overly populist; I was seeking to refer to opinion data from union members. It is important for us to listen to what union members are saying.

The member may have disagreement about the specific trigger threshold. It is worth noting that this legislation does not just change a trigger threshold, but it repeals two pieces of legislation, again whole hog. However, I will say that 40%, and I think the member would know this, is the average across the provinces. I would argue that is a sensible approach, given that across the provinces there have been debates and different conclusions about different thresholds.

Again, the member may advocate a different threshold, but the reality is that we need to have secret ballots. The most important thing in the bill is secret ballots. Whatever the trigger threshold is, we should all be committed to the principle of secret ballots. Having that part of it remain in the law is particularly important, and it is disappointing to see the Liberals getting rid of it.

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

Madam Speaker, I would like to thank my colleague for his very eloquent speech. I could not have said it better myself, given that I was the sponsor for Bill C-525 in the previous Parliament. I want to thank him for his thoughtful approach.

I guess the House could take it that every private member's bill put forward by a Liberal MP is now a bill from their government and their Prime Minister. It is nice to know that Liberal MPs do not have any rights to put forward legislation on their behalf.

Based on what my colleague said in his speech, is the current legislation as it stands now not more in line and a reflection of the public opinion that he talked about in the Leger poll? Is Bill C-4 as proposed not completely offside with the wishes of union members?

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

Madam Speaker, I thank my colleague both for the question and for his good work in the previous Parliament on these important issues.

The member is absolutely right. The approach we have advocated in terms of transparency as well as secret ballots is more in line with what we are hearing both from the general public and from union members.

The point my colleague made about private members' business is particularly important. We have already had some substantive proposals from government members in the form of private members' business, and I give them credit for doing that. I give credit to members of the government, as well as members of our party, for putting forward substantive ideas through private members' business, even if I do not always agree with what is being put forward. The approach taken by some members on that side of the House is to completely delegitimize this vehicle. Let us remember that private members' business is the vehicle through which changes to the words of our national anthem were proposed. We routinely deal with important things in the context of private members' business, so the members are using that argument in a way that has dangerous implications for this institution.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, let me pick up on the point to which the member is referring. There is a difference between private members' hour and government business. When a bill is implemented through private members' hour, many limitations are put in place, for example, the amount of time in which it may be debated. The Harper government knew that and threw its support behind the measure in the private member's bill. There was no tripartite agreement.

Changes to labour legislation include labour, management, and government, and a long-time process that is part of our tradition was not respected. That is what promoted and encouraged labour harmony in our country. The Harper government upset the apple cart on that issue and got behind that legislation. That is the reason that labour issues came to the surface at that point in time.

Would the member not at the very least acknowledge that there is a difference between the way that legislation passes through the House of Commons when it is private members' legislation versus government legislation? It was a manipulative attempt by the Harper government to change the labour laws.

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

Madam Speaker, I spent the first quarter of my speech laying out, in precise detail, aspects of the process for private members' business as it relates to and differs from the process for government legislation. Private members' business is the only process by which individual members of Parliament can bring forward substantive policy ideas to the floor of the House to be debated, considered, and then voted on.

The member has been here long enough to know that private members' bills receive relatively less debate, generally speaking, than government legislation, although with the way that the Liberal government has rushed through some things, we may be testing that. Generally speaking, private members' business receives less debate on the floor of the House, but there are not the same limitations at all in the committee process. If the issue is consultation, there is an opportunity for detailed committee hearings to happen, and that did happen on both of the bills in both the House and the Senate. The member knows that. He knows that there is a process in place that allows for that kind of consultation. It is ultimately up to members to decide when they vote whether they think the bill before them is a good bill or a bad bill.

We have had many substantive ideas come through private members' business. The member's colleague put forward a detailed bill on animal cruelty. We had a proposal earlier to change the national anthem. These are substantive pieces of legislation, and it is important that members of Parliament have the ability to pose them. If my colleague thinks that we should somehow dumb down the ability of members of Parliament to use this avenue, the only avenue they have to bring forward ideas that are important to them and their constituents, then I strongly disagree.

[The Assistant Deputy Speaker, Carol Hughes]

Before we resume debate, I want to remind the member who is about to speak, the hon. member for Saint John—Rothesay, that I will have to interrupt him at some point, as question period will start.

The hon. member for Saint John—Rothesay.

[Wayne Long, Liberal, Saint John—Rothesay, NB]

Madam Speaker, it is a pleasure speak in support of Bill C-4.

I rise today a proud member of my riding of Saint John—Rothesay, which is the oldest incorporated city in Canada and one of the most historic. It certainly is one of the most industrialized and strongest union cities in Canada.

I was proud to attend the National Day of Mourning at the Lily Lake Pavilion six months ago on behalf of my government. I toured the Frank and Ella Hatheway Labour Exhibit Centre and learned first-hand what a proud labour and union history our city had.

I was the only elected official this year to attend the Labour Day parade. I attended, with pride, with the firefighters from IAFF Local 771 Saint John Firefighters, its 9-1-1 service, and respected and remembered the fallen firefighters.

However, it is not so much about being pro-union or anti-union. It is about treating unions with respect, having a dialogue, and transparency with unions, which is why I rise today to speak in favour of Bill C-4. The bill would repeal Bill C-377 and Bill C-525, which I deem, as do people in my riding, particularly union members, union-busting bills.

When I went door to door during the campaign, union leader after union leader spoke to me about these bills. They felt disrespected, that unions were degraded, demoralized, and they wanted change. This is why Bill C-4 is so important. It is the next phase of our government's attempt to reverse the degradation and demoralization of unions, which the Conservatives used in their decade of power.

This government was elected on a pledge to strength for the middle class, and we strongly believe that unions are a key partner in fighting that fight. My home town of Saint John, as I said, has a long history of unions and an industrial base. Unions help grow our economy, protect our workers, and they are there to produce a more vibrant community.

The former Conservative government neglected the middle class for more than a decade. Instead, the Conservatives focused their energy on attacking unions and dismantling them. This is a fact. The members opposite speak about how unions supported them. However, I cannot find a union or a union member in eastern Canada that supported Bill C-377 and Bill C-525.

Saint John's history is of a key shipbuilding and trading port, and the British Empire shows how trade unions can create a vibrant and strong community. Only with strong unions did Saint John thrive, and only with these things again can we make Canada's middle class, especially my constituents of Saint John—Rothesay, stronger than ever before.

My riding of Saint John—Rothesay is a proud union city. I will always be immensely proud to stand up for our unions, such as our local firefighters, local 771; our police union; IBEW and Matt Wayland; the Public Service Alliance, among others.

These unions are the backbone of our city and its economy, and I will always stand up for them. This is why I care passionately about Bill C-4. It is standing up for unions and the ordinary Canadians who reap the great things that unions provide.

Bill C-4 would repeal two laws that were not supported by evidence, were not wanted by either employees or unions, created additional and needless red tape, and were designed to pit employers against employees. We all know the best way to get anything done is to work together, to work with respect back and forth, and have open, transparent dialogue. This is why Bill C-377 and Bill C-525 must be repealed.

The Conservatives justified Bill C-377 by claiming there were complaints by union members. Let us be clear. These complaints came from 0.002% of union members across Canada. It is a tiny portion of the four million Canadians who are members of unions. The Conservatives ignored the fact that federal and provincial laws already existed to ensure proper transparency about union spending to the proper people, the union members themselves.

This led to a massive administrative burden being placed on unions, as well as limited the ability of organized labour to effective collective bargain, reducing the ability of unions to help affect the landscape and help their members. Anything that hurts the ability of a union to collectively bargain for its members cannot be allowed to stand. An attack on collective bargaining is an attack on the union's ability to help its members, which hurts ordinary Canadians trying to get ahead.

Former Prime Minister Harper gave the best argument against the kinds of red tape that Bill C-377 created when, in January 2011, he said, “Cutting red tape is a most effective way to show that we are making government work for people, not the other way around”. He was right then, but then allowed red tape to hurt the union movement and stop it from doing good for ordinary, middle-class Canadians.

The Liberals could not justify supporting Bill C-377 then, and our resolve to help average Canadians who want to get ahead has not waned. Additionally, Bill C-525 was also something we could not support in 2014. It was without evidence then, and is certainly the same now. The government claimed the bill was the result of consultations with labour groups and employers, but there was no evidence ever given to show there were concerns about the way unions were certified. This bill was an answer in search of a problem, and a very bad answer.

Repealing Bill C-525 is also part of our government's commitment to evidence-based policy, listening to experts, and proper, thorough consultations. The mountain of evidence claimed by the Conservatives looks much more like a molehill: 6 complaints out of 4,000 Canada Industrial Relations Board decisions in the last 10 years. Actually, it is a molehill that was made to be bigger.

Bill C-525 is an anti-democratic attack. It eliminated card check certification and added an unnecessary second step for certification. It has become an invitation for employers to interfere with the democratic right of workers to choose representation. It has taken Canada away from a system of verification that worked quite well and has replaced it with one that is not fit for purpose.

Many local unions in my riding have talked to me about the new system of certification and the way the card check system is better, quicker, more efficient, fairer, and less open to employer interference, and I agree. It is right that we should listen to those in the community who have seen what the new system has done, the damage it is doing, and take what they say. We were elected to do and fight for ad back the middle class.

When I have gone door to door in my riding of Saint John—Rothesay and have talked to union members, I have yet to find a union or union member who supports Bill C-377 and Bill C-525.

The first time I spoke in the House was on this bill. I am proud to speak on it again. It is an immense privilege to stand here and fight for my riding and my union members, and the people of Saint John—Rothesay. I want to acknowledge union leaders like Dave Stevens, Peter Anderson, Abel Leblanc, Pat Riley, Bob Davidson, Darlene Bambridge, Debbie Ferguson, Clint MacGorman, Paul Britt, Terry Ferguson, and many others in my riding of Saint John—Rothesay, who stand strong and proud for unions. Unions built our middle class and the Liberal Party is here to support unions.

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

Madam Speaker, I listened with great interest to the speech of my colleague across the way. He spoke about going door to door, talking to union leader after union leader and hearing their opinions on this legislation. We should hardly be surprised.

My hon. colleague mentioned a whole bunch of union leaders in his speech, to whom he gave glowing recommendations. However, does he think so little of them that he thinks they would not get elected by secret ballot?

[Wayne Long, Liberal, Saint John—Rothesay, NB]

Madam Speaker, one thing the party opposite has never really come to grips with is the culture of demoralizing, degrading, and not working with unions. One thing the Liberal Party is going to stand up for always is open and transparent dialogue. Bill C-377 and Bill C-525 are anti-union, and I am proud to support Bill C-4 to repeal those bills.

[The Speaker, Geoff Regan]

Order, please. After question period, the member will have eight and a half minutes remaining for questions and comments.

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 third time and passed, and of the amendment.

[The Speaker, Geoff Regan]

Order, please. We are on questions and comments, following the speech by the member for Saint John—Rothesay. We have eight and half minutes for questions and comments.

The hon. parliamentary secretary to the government House leader.

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

Mr. Speaker, I listened attentively to my colleague in respect of this piece of legislation. One thing that came to my mind, and where I think the member was really hitting the nail on the head, is how important it is that we respect the roles of unions within our society. He really spoke to that. Therefore, could he provide the House with his perspective on why government needs to work to promote harmony between management and labour, and how as a society we benefit if we have good, sound labour laws? That is why we need to work with the stakeholders before any such changes are made, something that the Harper government did not do.

[Wayne Long, Liberal, Saint John—Rothesay, NB]

Mr. Speaker, Bill C-4 restores fairness and balance to our labour system. It allows unions an opportunity to go back to the way things were. There were no problems with respect to labour relations by and large before the Harper government came into office. There were maybe six complaints out of 4,000 complaints about unfair hearings, and so on and so forth, made to the labour board. Therefore, what we are doing as a government is bringing balance and fairness back by treating unions with fairness, respect, and transparency.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, if I may, I again seek a comment from my colleague on the whole issue of Canada Post. We have seen a new attitude toward labour relations and how important it is that we allow the opportunity for negotiated settlements as much as possible. We encourage that and saw a good example of it with respect to our ministry of labour and the minister responsible for Canada Post, when an agreement was reached between management and the union. What does the member feel about the agreement between Canada Post and its union?