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.

Public Service Labour Relations Act

[René Arseneault, Liberal, Madawaska—Restigouche, NB]

Madam Speaker, I thank my honourable colleague for his question. I know that the issue of a mandatory secret ballot seems to be important to the official opposition.

However, after hearing from many witnesses and taking the time to reflect on everything that we read and heard, after analyzing the Supreme Court of Canada decision and the Senate's recommendations, and after hearing from the main party involved, the RCMP, which is not calling exclusively for a secret ballot, the government is rejecting this amendment or proposal because it runs counter to Bill C-4, which would restore fair labour relations.

On the contrary, we believe that the Public Service Labour Relations and Employment Board must decide, on a case-by-case basis, whether a vote or a card check is the most appropriate and fair method in the certification process. There is no reason to treat the RCMP differently in that regard.

[René Arseneault, Liberal, Madawaska—Restigouche, NB]

Madam Speaker, I am delighted to have the opportunity to participate in the debate on the motion presenting the government's proposed response to Bill C-7.

This bill takes a historic step in labour relations for the RCMP and in Canada. If the bill passes, RCMP members and reservists will for the first time have the same right to collective bargaining as other Canadians. RCMP members have a long tradition of exceptional dedication to their country. We just celebrated the 100th anniversary of the Battle of Vimy Ridge and it is fitting that we point out that many valiant RCMP officers fought in that battle.

In fact, during the First World War, the Canadian government initially refused to send RCMP members overseas. However, a good number of them did not accept this decision. They decided to leave the North West Mounted Police in order to join the Canadian Expeditionary Force. During the Battle of Vimy Ridge, these members fought with the Canadian Armed Forces and many of them served with distinction.

A century later, RCMP members are just as courageous. Whether fighting drug trafficking on the ground or dealing with organized crime in the trenches, they are on the front line of public safety and we must ensure that they are working in a safe environment.

As far as harassment is concerned, I can assure my colleagues that the government is taking this issue very seriously. The government and the RCMP are determined to create a workplace free from harassment. We want to ensure that there are solid processes in place to deal with allegations effectively and safely.

I want to thank Ms. Fraser and the Civilian Review and Complaints Commission for the RCMP for their work on the reports on harassment in the RCMP that were released this week. I also want to thank the courageous people who agreed to be interviewed for these reports. It is important that we all support the work of RCMP members and that we take all the appropriate measures to help them exercise their right to collective bargaining, which brings us to Bill C-7.

The Government of Canada is proposing this bill in response to an important ruling issued by the Supreme Court of Canada in January 2015. In that ruling, the Supreme Court found that the provisions that exclude members of the RCMP from the application of the Public Service Labour Staff Relations Act were unconstitutional because they prevented members from deciding on their own, like all other Canadians, whether they wanted to be represented by a bargaining agent.

I want to thank the Supreme Court of Canada for rendering that important decision, which has given us the opportunity to modernize the labour relations regime for RCMP members and reservists.

Bill C-7 gives members of the RCMP the freedom to choose, if they so desire, to unionize and bargain collectively through that union to make their needs known to their employer. It is the same freedom of choice enjoyed by all other police forces in Canada, which I think is important to point out.

The bill sets out to protect the rights of RCMP members while protecting Canadians and keeping them safe. The bill has been subjected to rigorous scrutiny by experts, stakeholders, and Senate and House of Commons committees, and we acted on their recommendations by making changes very early on in the process to things like how work-related injuries are handled.

In its response, the government accepted some of the amendments proposed by the Senate, amended some, and rejected others. Among other things, the government agreed to strike the RCMP-specific restrictions on bargaining and arbitral awards from Bill C-7 and to adopt a more targeted management rights clause.

These amendments will enable the employer and any future bargaining agent for RCMP members to hold good-faith discussions about issues that matter to RCMP members and reservists. This approach will preserve the commissioner's authority to manage the RCMP and ensure the operational integrity of the police service and the broader accountability of the RCMP for the safety of Canadians.

Certain limitations regarding issues that can be included in collective agreements and arbitral awards have been maintained. They are in line with existing provisions in the Public Service Labour Relations Act that apply to the rest of the federal public service.

The government is also rejecting the requirement regarding secret ballot voting to elect the bargaining agent who will represent RCMP members and reservists.

It is important to point out that Bill C-4 does not deny the RCMP the opportunity to hold this vote by secret ballot. All it does is allow the Public Service Labour Relations and Employment Board to decide what is best based on the circumstances, either a secret ballot or a card check procedure.

In addition, if the bill does pass, the chair of the Public Service Labour Relations and Employment Board must take into account the need to have at least two board members with knowledge of police organizations when making appointments.

Nor does the government want to expand the mandate of the Public Service Labour Relations and Employment Board to have it hear grievances on a broader range of issues relating to working conditions. This would be inconsistent with how the Public Service Labour Relations Act is applied to the rest of the public service and would create an overlap of appeal and grievance procedures that are established under the Royal Canadian Mounted Police Act.

Thanks to the government's proposed response, we have maintained the best bill possible because it takes into account countless hours of debate and healthy discussions. Accordingly, we must not delay any further.

As currently worded, the Public Service Labour Relations Act does not fully take into account the concerns and interests of RCMP members or their operational reality.

That is why we must move forward with Bill C-7 and implement a labour relations regime that provides RCMP members and reservists the freedom to choose to be represented by a bargaining agent and that takes into account the specific needs of a national police force.

[Nicola Di Iorio, Liberal, Saint-Léonard—Saint-Michel, QC]

Madam Speaker, as a member of the Standing Committee on Public Safety and National Security, I am pleased to have this opportunity to speak in support of the government's proposed response to the amendments to Bill C-7.

I will be sharing my time with the member for Madawaska—Restigouche.

Our proposed response to the amendments is in line with our stated position. In this response, we demonstrate our support for the dedicated and proud members of Canada's national police service. Who could be more deserving of such support than the dedicated and proud members of Canada's national police service who protect Canadians on so many fronts?

Members of the RCMP come to work every day with the goal of serving Canada and protecting Canadians. They are the people who protect the Governor General, the Prime Minister and other ministers of the crown, visiting royalty and dignitaries, and diplomatic missions. They are the people who participate in international policing efforts, who safeguard the integrity of our borders, and provide counterterrorism and domestic security. They are the people who enforce our federal laws against commercial crime, counterfeiting, drug trafficking, and organized crime. They are the people who provide policing services under contract to eight provinces, the three territories, and more than 150 municipalities.

This bill, with amendments, helps support those who protect us, and these men and women who are recognized as a symbol of Canada around the world deserve our respect.

In addition, over the past few years, the RCMP has taken action to promote a respectful and healthy workplace. For example, a new code of conduct was implemented that specifically identifies harassment as a contravention of the code. Harassment in the workplace is an issue the Government of Canada takes very seriously. Discrimination based on gender or sexual orientation, as well as bullying and harassment, is simply unacceptable.

What is more, in February 2016, the Minister of Public Safety asked the Civilian Review and Complaints Commission to undertake a comprehensive review of the RCMP's policies and procedures on workplace harassment, and to evaluate the implementation of the recommendations the commission made in 2013.

In addition, in July 2016, the Minister of Public Safety announced the appointment of Sheila Fraser as a special adviser. Her role has been to provide advice and recommendations to the minister regarding the application of various policies and processes by the RCMP after the filing of legal proceedings against the organization in four specific cases. The recommendations by Ms. Fraser and the commission will be carefully reviewed, and will inform further work on improving the workplace of the RCMP. I would like to thank Ms. Fraser and Ian McPhail for their work, as well as the many individuals who agreed to be interviewed and who provided information that led to the findings and recommendations.

I should also mention that the RCMP has launched the informal conflict management program and a five-year mental health strategy for all employees.

The RCMP has made great strides with the initiatives, programs, and policies it has implemented. These steps are important not only to the RCMP but ultimately to Canadians who rely on them for integrity and effective policing. Our proposed response to the amendments increases the scope of what can be discussed and potentially included in a collective agreement to include issues such as harassment.

Let me turn to the specifics of the government's response to these amendments. As I just stated, our government accepts the amendment to remove the restrictions on what may be included in collective agreements and arbitral awards that are specific to the RCMP. This amendment ensures that the employer and any future RCMP member bargaining agent can engage in meaningful discussions in good faith on topics of importance to RCMP members and reservists. This amendment increases the scope of the issues that could be discussed at the bargaining table, issues that now include transfers and appraisals, and matters commonly associated with harassment, and general aspects of workplace wellness, such as the promotion of a respectful workplace and early conflict resolution.

It is in support of our national police service that we also accept, with some modifications, the amendment to include a management rights clause as part of the new labour relations regime for RCMP members and reservists. We have the utmost respect for the commissioner's authority to manage the RCMP and to ensure the operational integrity of the police service.

What is at stake here is the safety and security of Canadians. Keeping Canadians safe is a serious responsibility, and our government takes this responsibility seriously. We propose a more targeted management rights clause to focus on the authorities that the RCMP commissioner needs to ensure effective police operations. We do this because we also value the rights of the RCMP members and reservists, the dedicated men and women who risk their lives every day to keep Canadians safe.

With these two measures alone, I am confident that the motion before us today addresses the key concerns with the bill. We must preserve the restrictions on what can be negotiated that replicate those that have applied to the rest of the federal public service for over 40 years. We must also maintain the current mandate of the Public Service Labour Relations and Employment Board. Expanding this mandate to include all matters pertaining to terms and conditions of employment would result in two different grievance processes that might lead to conflicting decisions.

Finally, the government cannot proceed with the amendment requiring a secret ballot vote to certify a bargaining agent to represent RCMP members and reservists. The secret ballot amendment is contrary 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, which was introduced in the House of Commons on January 28, 2016, seeks to repeal legislation adopted in 2013 that sought to undermine unions' organizing efforts. Bill C-4 puts the discretion of certification with the Public Service Labour Relations and Employment Board. Whether there will be a secret ballot or a card check, the board will make sure the members' interests are reflected in the choice made.

To conclude, as we celebrate Canada's 150 years, let us not forget one of Canada's most venerable police services, which is why our government urges all members to proudly support the proposed response to the amendments to Bill C-7.

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

Mr. Speaker, one can get very easily disappointed with the Conservative Party when it comes to issues dealing with labour.

Conservatives come to the table with a bias, which is really very much against unions. Whether it is this bill or Bill C-4, once again the Conservatives are the isolated party in the House. The government of the day, the NDP, and the Green Party recognize the value of the legislation, and yet the Conservative Party chooses to try to divide labour and management.

We all recognize the valuable role that our RCMP plays in our society. We applaud each and every woman and man who performs their duty for us day in and day out. Could the member tell us why the Conservative Party continues to play up divisive labour issues as wedge issues? Why does the Conservative Party not recognize that the Canadian economy will work better if we have more harmony within labour, management, and business?

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Speaker, I am sorry the member for Vancouver Quadra was disappointed with my speech. She may have noted from the outset that I did broadly agree and support the aims of the bill, but the important issue at stake, the issue of the secret ballot, is such that it renders the rest of the bill, unfortunately, unworthy of support. Bill C-4, as well, is unworthy of support. It is not too late for the government to fix both bills at once.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, it is actually disappointing that the member opposite strictly narrowed his remarks to the secret ballot issue. Is there nothing else important to the RCMP? Wait, in fact, that is not something that was asked for by the members themselves. In fact, the discussion on the secret ballot is well served in the debate on Bill C-4. That bill would put the discretion as to the certification methodology into the hands of the labour board.

How will the member explain to RCMP members in his riding that all the benefits of collective bargaining they would be acquiring through Bill C-7 are being rejected by his no vote because of a matter that is actually being handled under Bill C-4, different legislation?

[Pat Kelly, Conservative, Calgary Rocky Ridge, AB]

Mr. Speaker, I will be sharing my time with the member for Parry Sound—Muskoka.

Mr. Speaker, my colleagues and I have tremendous respect for the RCMP and appreciate and admire its work. We do not question the wisdom of the Supreme Court when it ruled that the current labour regime for the RCMP needs reform to comply with RCMP members' section 2 charter rights, which is why we supported the bill at second reading when it was first introduced.

What we disagree with is the disregard for democratic governance Bill C-7 contained when passed at third reading. We also disagree with the government's choice to reject important amendments to Bill C-7 wisely passed by the Senate.

This bill would enable RCMP members to unionize for the purpose of collective bargaining if they see fit to do so. This bill is not about whether the RCMP should or should not unionize, and I take no position on that question. Most of this bill is agreeable, but it does contain one pitfall.

As the official opposition's deputy critic for Treasury Board, my opposition to the bill, as passed at third reading, and my support for the amended version, which the Senate has returned to the House of Commons, arises from concern about the working environment it would create for members of the RCMP if passed without amendment.

Bill C-7 would not require a secret ballot to certify or decertify a union to represent RCMP members in labour negotiations. My fellow Conservatives and I cannot support the bill unless the issue is corrected.

I supported the bill at second reading, as did my Conservative colleagues, for one purpose. We wanted to send it to committee, hoping that the majority of members would accept sensible amendments to protect the RCMP members' right to privacy as well as their freedom of association. Conservative members argued that any decision to certify or decertify a union to represent RCMP members must include a secret ballot to protect members from undue pressure or reprisal. I will return to that point in a moment.

The Liberals rejected this amendment at committee and returned the bill for third reading, and now the Senate has sent it back to the House with amendments. Two of these amendments would require a secret ballot vote for certification.

The motion before us today states that the government:

respectfully disagrees with amendments 2 and 4(a) because the government has introduced legislation to repeal secret ballot provisions for other public servants...;

The motion also disagrees with other amendments the Senate made in recognition of the RCMP's unique structure and circumstances, which would require modifications to existing labour laws.

I am going to focus my remarks on the amendments on secret ballots and let other members speak to the merits of the other amendments.

Canadians should never feel unduly pressured when exercising their democratic rights as citizens of a free country. None of us should worry that third parties will keep track of our voting choice or seek to reward or punish as a result. As members of Parliament, we should know this well. We were all elected by secret ballot. Voters took their ballots behind a privacy screen, filled them in, alone with their conscience, folded them so no one could see their selection, and put the ballot in the box.

It is not too difficult to imagine how different Canada would be if political organizers, neighbours, ethnic or religious community leaders, employers, union leaders, friends, or even family members hovered over a voter's shoulder when voting in an election.

As my friend, the member for Carleton, mentioned on March 22, 2016, the rate of success for unionization drives appears demonstrably higher with a card check system alone than with a secret ballot, as workers who would prefer not to unionize appear to give in to pressure to sign petitions that would not be present under a secret ballot.

When members of Parliament selected Speakers of this House, they did so by secret ballot, in part to shield the Speaker from any appearance of partiality and to remove any doubt Canadians might have when the Speaker rules on any issue regarding a particular member.

Protecting individuals from undue pressure, recrimination, and reprisal should apply to Canada's national police force even more so than to parliamentarians, and certainly more so than at other workplaces.

Decisions to certify or decertify unions or associations significantly affect workplaces. How one votes or how one chooses can determine the course of many relationships if the choice is known.

In a hierarchical organization like the RCMP, which is modelled as a paramilitary force, with a clear chain of command, trust and confidence between ranks is even more important than in other workplaces. Superiors must know that their subordinates will dutifully follow orders. Subordinates must know that their superiors will exercise good judgment and not put them in harm's way without cause. Trust and undivided loyalty to the force is essential to police morale and the safety of its workers.

A card check system for union certification, in which everyone knows who signed the petition, creates rifts within the hierarchy. Such divisions have serious repercussions, especially for police morale. Secret ballots avoid these risks by protecting all members' privacy. Unless members discuss their positions with others or disclose how they voted, no one can be certain what a given member has chosen.

Secret ballots also better fulfill the spirit of the Supreme Court's case that gave rise to Bill C-7. Among other points, the court emphasized the need for meaningful representation, choice, and independence from management. A secret ballot enables meaningful representation by allowing workers to select the union they believe will best protect their interests. It shields them from undue pressure to vote for whoever pushes the hardest.

As my colleague from Carleton discussed when Bill C-7 came up at second reading, the bill gets it right in requiring any union representing the RCMP to do so as its primary mandate. Such a union could not be affiliated with another bargaining agent or association with a different primary purpose, and it could not be certified to represent any other group of employees.

Since the association would be composed of RCMP members representing their colleagues, secrecy at the ballot box would be essential to avoid resentment in the ranks if the association failed and needed to be decertified and reconstituted.

Secret ballots facilitate individual choice as the basis for consent to corporate decisions. They also facilitate representation independent from management by ensuring that members can freely reject a proposed representative if they consider the person to be too close to management.

I understand the reasons behind the government's rejection of amendments 2 and 4(a). I simply disagree. The rule of law demands that laws be consistent and treat similar things in a similar fashion. Since the Liberals are stripping other workers of secret ballot protection via Bill C-4, they say that it is therefore consistent for Bill C-7 to reject the secret ballot requirement for the RCMP.

The Liberals' decision today may be consistent, but it is wrong. They are wrong on Bill C-4, and the reasons they are wrong on Bill C-4 are amplified in Bill C-7 because of the very nature of the RCMP.

Instead of seeking to be consistent by refusing to extend secret ballot protection to the RCMP while repealing secret ballot provisions for everyone else, the government should do exactly the opposite. It should restore secret ballot protection for all federal workers and agree to amendments 2 and 4(a) to extend it to the RCMP.

If the Liberals value consistency, they should not argue that secret ballots for workers are somehow undemocratic. Each of them was democratically elected by secret ballot. Instead, they should acknowledge that secret ballots to certify unions are both democratic and consistent with secret ballots to select union leaders. They should join British Columbia, Alberta, Saskatchewan, Ontario, and Nova Scotia, which all require secret ballots for certification decisions. They should lead the way in having a consistent standard for workers across provincial and federal jurisdictions.

I conclude by encouraging all my colleagues in this House to protect the democratic rights of RCMP members by voting against today's motion and insisting that the government adopt the amendments from the Senate.

[Sven Spengemann, Liberal, Mississauga—Lakeshore, ON]

Mr. Speaker, I stand today to offer my support to the government's motion regarding Bill C-7, a bill that provides a new labour relations framework for RCMP members and reservists.

Since its beginning in 1873, when Prime Minister Sir John A. Macdonald introduced in this very House the act establishing the North-West Mounted Police, the RCMP has been an integral part of Canada's development.

As my talented and tireless legislative assistant, Adrian Zita-Bennett, advises me, we need only read our history books. When it came to bringing law and order to the Northwest Territories, the RCMP was ready and willing with its march west in 1894.

During the Klondike Gold Rush, the RCMP rose to the challenge of policing the stampede of people looking to get rich, and when it came to being the first ship to completely circumnavigate North America, the RCMP schooner St. Roch claimed that honour.

In World War I and World War II, the RCMP played vital roles, but despite their long and storied contribution to Canada, these members did not have full freedom of association with respect to collective bargaining. However, that has changed. The Supreme Court has removed the barriers that RCMP members face in exercising this right.

Bill C-7 provides the appropriate framework of labour laws that would govern the RCMP and ensures that RCMP members and reservists can be represented and bargain collectively, like other police services in Canada.

Bill C-7 has several key elements that reflect the clear preferences expressed by RCMP members during the consultations that occurred in the summer of 2015. Specifically, members indicated that they wanted a labour relations framework that provided for a single national bargaining unit, a union that is primarily focused on representing RCMP members, and the recourse to binding arbitration if a collective agreement could not be negotiated.

Bill C-7 creates this framework. It would do this by amending both the Public Service Labour Relations Act and the Royal Canadian Mounted Police Act to create a new labour relations regime for RCMP members and for reservists.

I rise today to offer my support to the government's response to the amendments of the Senate.

To begin, the government's motion accepts the removal of all restrictions on what may be included in collective agreements and arbitral awards that are specific to the RCMP. This includes matters such as harassment, transfers and appointments, and appraisals of RCMP members.

Harassment in the workplace is an issue that the Government of Canada takes very seriously. Discrimination based on gender or sexual orientation, bullying, and harassment are flatly unacceptable. I believe quite strongly that this one concession, in and of itself, addresses the chief criticism of the bill.

The government's motion also accepts the management rights clause adopted by the Senate and proposes targeting it to focus on protecting the authorities that the RCMP commissioner needs to ensure effective police operations. This also goes a long way to meeting the concerns raised by the Senate.

The government's motion proposes retaining the restrictions that replicate those applying to other areas of the federal public service, such as restrictions preventing pensions from being bargained. It does not agree with the requirement for a mandatory secret ballot vote as the only option for the certification of a bargaining agent to represent RCMP members and reservists. Our government believes that there should be choice between secret ballots and a card check system. The issue of secret ballots was not an issue specifically related to addressing the Supreme Court's decision. Moreover, an organization wanting to represent RCMP members should not be subjected to certification processes different from those of other organizations under federal labour relations legislation.

Bill C-4 reflects the principles of fairness and balance, and also gives proper recognition to the role of bargaining agents.

Finally, the government proposes not proceeding with expanding the mandate of the Public Service Labour Relations and Employment Board to hear grievances on a wider range of matters, including many that are outside of a collective agreement. This would be inconsistent with the application of the Public Service Labour Relations Act to the rest of the federal public service, and it would create overlap with the appeal and grievance processes established under the Royal Canadian Mounted Police Act.

I believe that we now have the best possible legislation, given all the competing interests that must be accommodated. It is therefore important that we act now to put in place a new labour relations framework to minimize disruption for members, reservists, and RCMP management.

There is currently an overlap between the Royal Canadian Mounted Police Act and the Public Service Labour Relations Act, which could result in confusion and conflicting interpretations. In addition, members could be represented by multiple bargaining agents, which would make it difficult for the RCMP to maintain a cohesive national approach to labour relations. Also, there would be more uncertainty among RCMP members about their collective bargaining rights.

Bill C-7 would effectively provide RCMP members and reservists with a process that ensures independence and freedom of choice in labour relations matters. The bill would also recognize the specific requirements of a national police service and the unique attributes of the RCMP as set out in the Royal Canadian Mounted Police Act. It would balance these with the need for consistency with the broader public service labour relations regime of which it is a part.

The government has taken important steps to ensure that workers can organize freely and that unions and employers can bargain collectively and in good faith. Bill C-7 is one part of that, and it honours the right of the RCMP members and reservists to freedom of association with respect to collective bargaining.

The time for talk is over. Now is the time to give RCMP members and reservists the respect they are due. I for one am proud to vote for this motion, which does just that.

Resuming Debate

[Mary Ng, Liberal, Markham—Thornhill, ON]

Mr. Speaker, our government believes that we will bring some fairness back to the collective bargaining regime for members of the RCMP.

We are rejecting the amendment for secret ballots because it is at odds with Bill C-4, which would restore a fair and level playing field to labour relations. We believe that the labour relations board should have the ability to decide whether a vote or a card check is the most appropriate and fair method for certification on a case-by-case basis. There is no reason to treat the RCMP differently in this regard.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I listened with interest to my Conservative colleague's comments.

The background to Bill C-7 that we are debating today is that the Conservative Party is essentially against appropriate collective bargaining rights, and those members showed that when they brought in anti-labour bills such as Bill C-525 and Bill C-377. Our government tabled Bill C-4 to put the discretion of certification back with the Public Service Labour Relations Board, where it used to be, to determine whether a secret ballot or a card check is the most appropriate. The board is committed to making sure that members' interests are reflected in the choice made.

That was the system we had until the previous Conservative government made those anti-union changes. When RCMP members were extensively consulted by the previous Conservative government, narrowing down the certification method to exclude a card-check system was not on their list of priorities.

The Conservative member is not reflecting the desire of RCMP members. He is not reflecting the fact that the dual system arbitrated through the Public Service Labour Relations Board has been in place successfully for many years.

Why would the member let this one element convince him to vote against all of the positives, like providing RCMP members with a labour relations opportunity, to be represented by a union, which is what they want and is what the Supreme Court ruled that they deserved to have? Why would he vote against that?

[Rob Oliphant, Liberal, Don Valley West, ON]

Mr. Speaker, I will be sharing my time with the hon. member for Oakville North—Burlington.

I am pleased to have this opportunity to speak in support of the government's motion related to Bill C-7. This piece of legislation is important for both the RCMP and for Canadians. It is a step forward in Canadian labour relations.

As we all know, the bill originates with the decision by the Supreme Court of Canada more than two years ago, in January 2015. There is some urgency for us to enact this piece of legislation into law so that the RCMP can be the best police force in the world, with good management practices matching the ability of our RCMP officers to keep Canadians safe.

The court found that certain parts of the RCMP labour relations regime were in fact unconstitutional because they prevented the formation of an independent RCMP employee organization. The government took steps, including extensive consultation, to bring this framework into compliance with the Supreme Court's ruling, and Bill C-7 is the result.

I differ with the position of the previous speaker by saying that there has been extensive consultation. The bill has been under a microscope for a great deal of time in a committee of the House of Commons and a committee of the Senate, as well as through debate in the House of Commons and debate in the Senate. It is now time for us to act quickly on this motion to ensure that we can have effective collective bargaining for the very hard-working members of the RCMP.

With the passage of this bill, RCMP members and reservists would, for the first time, have a labour relations framework in place that would allow them to choose whether or not to be represented in negotiations by an employee organization, something that other police services in Canada already have. Almost 100 years ago, the Vancouver police union received its charter and was established with the mandate to effectively and democratically represent its members as a bargaining unit under the British Columbia labour code. It is time for us to act so that Canadians have a similar approach to policing in Canada.

Action is something that RCMP officers know a lot about. As the chair of the public safety and national security committee, I want to commend members of the RCMP for consistently and constantly serving and protecting Canadians with diligence, with grace, and with a tremendous competence that Canadians have begun to appreciate more and more. Whether it is diving into icy water to rescue a woman in distress or protecting us in this very place, RCMP officers demonstrate their personal dedication and self-sacrifice in service of others, and now we as members of this chamber need to reciprocate and take action to help them, to serve them, and to protect them.

The Prime Minister and the Minister of Public Safety and Emergency Preparedness are strongly committed to whatever action is necessary to help RCMP members, trainees, and employees feel safe and respected among their colleagues and supervisors.

A number of steps have been taken since 2014 to protect RCMP members in the workplace. These include measures to address harassment and conflict management as well as promote a healthy and respectful workplace.

The RCMP continues its ongoing efforts to improve its work environment, including a modernized code of conduct, a streamlined harassment investigation and resolution process, and improved training for harassment investigators. Bill C-7 builds on these efforts to implement a robust labour relations regime for the RCMP. To that end, the government has given thorough consideration to the Senate's amendments and is now ready to move forward.

The government's response significantly addresses the main concerns that we heard at the House of Commons standing committee as well as in the Senate, and I am very proud to support the government's response to the Senate amendments.

In the spirit of compromise that is so important in an institution like ours, the government is willing to accept the removal of all restrictions on what may be included in collective agreements and arbitral awards that are specific to the RCMP. These restrictions on what could be collectively bargained for were the focal points of the criticism that we heard at committee and that we are now acting on.

Sometimes this kind of conversation takes time. However, that conversation has been had. I stress to members of this chamber that the reality is we need to act quickly and effectively. We have considered, and now is the time to act.

That is why I am pleased to report that the government's response would allow the employer and any future RCMP member bargaining agent to engage in meaningful discussions in good faith on topics of importance to the RCMP members and reservists who were excluded from collective bargaining rights under the original version of Bill C-7.

As a result, matters associated with transfers, appraisals, harassment, and general aspects of workplace wellness, including the promotion of a respectful workplace and early conflict resolution, could be discussed at the bargaining table and included in a collective agreement or arbitration award. Of course, conditions of work, such as hours of work, scheduling, call-back, and reporting conditions could also be collectively bargained, as could leave provisions, such as designated paid holidays, vacation leave, sick leave, and parental leave. Labour relations matters, such as terms and conditions for grievance procedures and procedures around classification and workplace adjustment, are also part of that process.

The proposal before us today also accepts the idea of a management rights clause, but proposes implementing a more targeted clause that focuses on protecting the authorities that the RCMP commissioner needs in order to ensure effective police operations. This is a balanced approach. The reality is that the bargaining unit would have the right to engage in conversations at the bargaining table about issues important to RCMP members, and management would reserve the right to ensure that Canadians are safe and protected and that we have operational institutional effectiveness at the RCMP, not by excluding anything in collective bargaining but by ensuring we have a targeted approach to make sure the RCMP functions properly, as Canadians would want.

As I am sure all my hon. colleagues on these benches do, the Government of Canada takes seriously the responsibility to protect the safety and security of Canadians. This amended management rights clause supports that responsibility.

Now let us consider why the motion disagrees with the removal of restrictions that replicate those applying to other areas of the federal public service.

As our national police service, the RCMP must have a labour regime that is aligned with and consistent with the fundamental framework for labour relations and collective bargaining that exists within the whole of the federal public service. As such, Bill C-7 extends to RCMP members many general exclusions that already apply in the rest of the public service, such as staffing, pensions, organization of work, and the assignment of duties.

With respect to pensions, while the public service pension plan has never been the subject of collective bargaining under the Public Service Labour Relations Act, or its predecessor, the Public Service Staff Relations Act, the federal government has traditionally consulted with employee representatives on pension issues and is committed to continuing that conversation, negotiation, and consultation.

Public sector pensions have established statutory pension advisory committees whose membership is composed of employer, employee, and pensioner representatives. These committees review matters respecting the administration, design, and funding of the benefits provided under the superannuation acts and make recommendations to the responsible minister about those matters. This is an activity we would continue.

When it comes to the certification process, I do not believe that the certification of a bargaining agent to represent RCMP members and reservists should require a secret ballot. We need to be consistent with the government's proposed law, Bill C-4, and it would be reasonable that an organization wanting to represent RCMP members should not be subject to certification processes different from those of other organizations under federal labour relations legislation.

Finally, the government proposes to not proceed with expanding the mandate of the Public Service Labour Relations and Employment Board to hear grievances on a wider range of matters relating to terms and conditions of employment. That would be inconsistent with its work with the rest of the federal public service.

Now is the time to act on Bill C-7. The House of Commons standing committee deliberated it thoroughly and thoughtfully, and heard concerns. The Senate has deservedly done its work and has appropriately amended it. The government has considered those amendments and has determined that some of them fall in line with the government's proposed agenda with respect to the RCMP certification process.

I am pleased to support Bill C-7 and welcome all other members to support the bill and our amendments as we go forward.

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

Mr. Speaker, this is a problem, and it is not one that the government can say in good faith that it was not aware of, because it is one that we have raised.

We have said that we need to get Bill C-7 back to the House, because it is creating legal uncertainty for prospective bargaining agents. Exactly because Bill C-7 is not what confers the right of collective bargaining on RCMP members, because it is a decision of the Supreme Court, they are allowed to apply it at any time under the existing rules. Therefore, because the NDP agrees with what the government is saying, if not what it does, that there is justification for a unique collective bargaining framework for RCMP members, although we may disagree about the details of what should be in it, we thought it was really important to get that in place as soon as possible. We knew and the government knew that there were prospective bargaining agents out there getting people to sign cards, demonstrating interest in the lead-up potentially to a vote. Bill C-4 has not gone through the Senate; the government cannot seem to accomplish that, so those agents do not know if they would need to have a vote or whether a card check is going to work. There is a lot of legal uncertainty.

We have been saying for a long time that the government needs to act on Bill C-4 and get it done. It needs to act on Bill C-7 and get it done. Otherwise, the government is risking getting into a situation where people start to act in the current legal context and then the rug is pulled out from underneath their feet, and all of a sudden the rules that they were organizing and applying under are not the same rules that their application is being treated by.

That is exactly the situation that is developing. It was not hard to see or imagine that would happen. It is a real shame that we have reached this point. The government needs to do a better job of extricating itself from this, lest it be perceived as being partisan in an area where it really ought not to be.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, from the comments my colleague made, it is clear that the bill is very complex in terms of the changes that have been brought forward and hence, adequate debate needs to take place in the House. Of course, the government has chosen to impose time allocation.

The member raised a point which is very important with respect to different points of view between management and stakeholders. I have an example from one of my constituents, who raised the issue on another bill, Bill C-4, which was meant to repeal Bill C-377 and Bill C-525. At committee, he highlighted the fact that his employee was invited to the committee to offer a different point of view from his own. A case in point is that management opposed Bill C-4, but the employee of the company did not agree with management. That is a very important distinction. Hence, it is important to ensure that those voices are heard as well.

I wonder if the member would elaborate on that distinction, the importance of it, and how the process the government has embarked on falls short.

Bill C-7—Time Allocation Motion

[Scott Brison, Liberal, Kings—Hants, NS]

Madam Speaker, I can tell members that we take the work of Parliament, both in this place and in the Senate, seriously, which is why we have accepted amendments to this legislation both from the House and the Senate, which I believe reflects our respect for Parliament and our desire to ensure that this is the best possible legislation.

Again, with respect to the previous government, in January 2015, there was a Supreme Court decision. When we formed government 11 months later, there had been no legislative action to respond to that. We, as a new government, have responded. I believe that we have the right balance that reflects the consultations conducted with the RCMP and the intent of the amendments of the Senate.

There is one Senate amendment we rejected, which I will speak to specifically, on the secret ballot issue, because it completely contradicted the principle of Bill C-4, another piece of legislation on this. We viewed it as being an anti-union, anti-organized labour amendment that did not reflect the views of this government. I talked to my colleagues from the New Democratic Party. They were in agreement that it was not one we could support based on our government's respect for organized labour within the public service and broadly. We did not support. That is one we actually rejected.

However, clearly, we took seriously the amendments proposed by the Senate, including eliminating many of the exclusions, and we are in a position now to move forward. We also took seriously the amendment from this House on the Government Employees Compensation Act. We do respect this place, but there is an urgency for us to move forward with this legislation for the RCMP.

Public Service Labour Relations Act

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

Mr. Speaker, I am really glad to finally get a chance to weigh in again on the Bill C-7 debate. It has been a very long wait, so it is good to see that the process is back in action.

As I mentioned in some of my questions previously on this bill, it is a bit of a mystery to me, given the content of the government's opinion with respect to the amendments coming from the other place, why it essentially took 11 months to get back to this place, particularly when previously, in the debate last spring, the government was very anxious to move the bill through the House.

At that time, the government made arguments essentially to the effect that the sky would fall if we did not get these amendments in place. Of course, we know now that the sky did not fall. What did happen was that it created a significant period, still ongoing, of legal uncertainty for prospective bargaining agents. That has made it very difficult for them to be able to organize properly.

We are now in a situation, as of the beginning of April, where there are two applicant now, one to represent RCMP members across the country, which would be consistent with what is in Bill C-7, but because Bill C-7 is not law, and again I repeat that is due to delays on the government's part, having had amendments from the other place as early as June 21 of last year, there is also an application from an association to represent members from Quebec alone. If Bill C-7 passes in its current form, that would not be allowed.

Because of dithering on the Liberal side with respect to getting this done, and the companion legislation Bill C-4 as well, which gets rid of some bills from the previous Parliament affecting certification and decertification of unions, we are now in a real mess.

I think the government risks the perception, at least, of interfering in an ongoing certification process, because it is now trying to advance legislation which, had it passed earlier, there would be no question about it and there would be no problem. Now, because there is an application for regional representation within the RCMP, the government may be perceived by some as taking sides as to which organization should represent members in Quebec or any other region of the province that has an organization apply to represent either members of a certain province or certain region in the meantime.

That is why it was really important, as the government itself argued last spring, to get this legislation through. That is why we in the NDP were happy to help move that legislation through and work with the government to meet its timeline, while nevertheless improving the legislation, for instance, by taking out the needless and prejudicial exclusions on bargaining that were included in the original part of the legislation, and which the other place saw fit to remove.

Now the government is indicating that maybe it thinks it is not a bad idea to get rid of those, although it is replacing them with some other language. As the member for Brandon—Souris indicated, we only saw notice of that motion yesterday late in the evening. It is early to try to provide detailed comment on that.

Mr. Speaker, I will resume my comments on Tuesday, when hopefully I will have been able to take the time to examine the response in more detail.