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.

Government Appointments

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, if you want to build something strong, you shall respect the authority of the House.

That is the problem with this government. It believes that it can do whatever it wants, not just with the infrastructure bank, but also with Investment Canada. Yesterday, a minister said in a parliamentary committee that the government was in the process of choosing a new president for this other government organization, which has not been approved yet because Bill C-4 has not yet been passed by this Parliament.

Once again, can the Prime Minister explain why he is flouting Parliament's authority?

Public Service Labour Relations Act

[Cheryl Hardcastle, NDP, Windsor—Tecumseh, ON]

Madam Speaker, I would like to ask my hon. colleague if he can clarify some of the contradictions I have heard. The work in committee is something that is very aspirational. Bill C-4 was supposed to address many shortcomings and some regressive moves on the part of the previous government. This is now coming back and we are seeing more contradictions as the changes are explained. For instance, there was a Senate amendment to move all grievances under the Public Service Labour Relations Act instead of the RCMP Act. Does the member disagree with the report on workplace harassment in the RCMP, as recently as May 15, and if so—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

That is okay, Madam Speaker. I have what people call selective hearing, so I am okay with heckling.

I want to emphasize that the discussion on the secret ballot was better served during the debate over Bill C-4. That bill put the discretion of the secret ballot or a card check process for certification back with the labour board. The board will ensure that the interests of RCMP members are reflected in the choice made. Why is member after member from the Conservative Party insisting on limiting that choice?

In fact, as a government, it is important we promote, encourage and put into place a uniform approach to labour relations. That makes sense. One group should not be different than another group, but the Conservative members consistently demonstrate they do not understand that principle. Why do they not understand the value of having a uniform approach on union certification across the public sector? I anxiously await an answer from any one of my Conservative colleagues.

I started by speaking to the issue of time allocation. I was here during questions and answers with regard to time allocation. I made the suggestion that when I was in opposition, it did not take very much for any group of 12 members of Parliament to in essence tie up legislation for quite a long period of time. If they are creative, it does not take much for 12, let alone 20, 30, or 40 members to do that. In fact, I remember sitting in the opposition benches when I indicated we needed a responsible opposition to assist in passing legislation, and Hansard is wonderful because we can find the quotes. We do not pat ourselves on the back because we can hold up legislation. Any opposition can do that.

What is the purpose of what the Conservatives are attempting to do here? They have made their position very clear. They do not like unions and their mission is to continue to delay indefinitely. They will argue that every member not only should be entitled once but twice, possibly even three or four times, to speak to the legislation because they do not want the legislation to pass. Therefore, when the Conservatives say that the government has put in time allocation, the first thing I would remind them is that Stephen Harper used it over 100 times. Even when the Harper government brought in time allocation, I often said that at times I felt sorry for the government. I recognized that one opposition party would talk about anything and everything, and that could frustrate the system.

When we bring in legislation, I respect the fact that we want to ensure there is an adequate amount of time for debate on issues. I like to consider myself a parliamentarian first and foremost in being able to contribute to debate and ensure there is, at the very least, an appropriate amount of time. On the issue of labour and labour relations and the whole certification, there have been many hours of debate inside this wonderful, beautiful chamber, inside our committee rooms, in the other place, not only in the last 18 months, under this government, but in the last couple of years of the Stephen Harper government. No one is saying anything surprising or shocking on the issue. It is a lot of rehashing of what has been said already.

The Prime Minister has been very clear in recognizing that if a standing committee comes up with ideas that can improve on the legislation and those improvements can be incorporated into the legislation, the government is open to that. That same principle also applies for the Senate of Canada.

I am pleased to reinforce that once again we have another piece of legislation in which the government has recognized some changes to it. That is a strong and positive thing.

However, let us not kid ourselves. The government House leader tries to fulfill her responsibility in getting the legislation through the House. Without time allocation or the goodwill of opposition members, it is virtually impossible to do that unless members are prepared to see the legislation pass in an appropriate time.

We have a limited amount of time for debate. Mid-June is coming really quickly and there is so much more we want to debate. There are oppositions motions to debate, and I always find them interesting. Even in opposition, there are limitations in passing things. A number of Conservatives, and even some New Democrats, ask about time allocation. That is the essence of why we have it today.

The government has listened to members of the Senate and members of the House on other aspects of the legislation and has allowed changes to Bill C-7, for example, more issues can now be collectively bargained, such as harassment issues. That was expanded upon because the government listened to members of House and Senate.

The bill provides an appropriate labour regime for our RCMP members to stand up for their rights. We wanted to achieve that, not only because of the direction given by the Supreme Court of Canada but because it was important to recognize that other law enforcement agencies were unionized, and things continue on relatively positively.

If we take a look at the men and women in the RCMP, who serve as officers or are in our reserves, and the incredible work they do, not only in Canada but abroad, I cannot understand why someone would oppose affording our law enforcement agency the opportunity to organize. That is a strong positive. We can reinforce that positive message by passing this legislation. I would encourage members, particularly in the Conservative Party, to send that positive message by voting in favour of the legislation.

It is important to recognize that the Senate offered five key amendments, and consequential amendments. Some of the amendments have been accepted by the government and others have not. However, the department has been very thorough in reviewing all the suggestions from the other House.

Some concerns have been raised by the New Democrats with respect to Bill C-7. Our response to the Senate amendments gives labour relations and collective bargaining regimes to allow our RCMP members to stand up for their rights.

We listened to the Senate and the members of this House by expanding the issues I pointed out earlier dealing with bargaining.

The idea that RCMP members can only collectively bargain pay and benefits is just not correct. That is an impression my friends in the New Democratic Party are trying to give out, and we know that it is not correct. They can collectively bargain a host of different issues, such as the terms and conditions for grievances and procedures for classification and workforce adjustments.

They can also bargain on issues such as harassment, something that is very topical. When we sat in opposition, one of my colleagues from Toronto often talked about harassment that was taking place and the desire to see something happen on that issue. I am glad it is being incorporated. I am sure all members are happy to see that.

There are issues the Conservative Party raises. It is no surprise that the Conservative Party is against the collective bargaining rights, per se. As the government, the Conservatives brought in anti-labour bills, which I made reference to, Bill C-525 and Bill C-377.

Bill C-4 deals with the issue of mandatory secret ballots. Bill C-7 was initially silent on this issue, because there should be a uniform approach across the public service. That is something the Conservatives need to recognize.

I want to recognize the agreement reached between the RCMP and the Government of Canada on April 6, 2017, which saw a significant increase in pay for our RCMP, which I think will go a long way in demonstrating the respect we have for the fine work they do.

I thank you, Madam Speaker, for the opportunity to share a few thoughts and words.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

We know in reality that is not true. There is more to it, but they have emphasized that. In the debate on Bill C-4, which we have somewhat concluded, what did the Conservatives talk about? The secret ballot once again.

If listened to the debates in the other House, once again it was about the secret ballot.

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

Madam Speaker, it is always a pleasure to rise and speak on labour legislation. It not new for me, in that one of the very first speeches I gave as an elected official was during a fairly hot debate in the Manitoba legislature in 1988 on final offer selection. One of the issues back then that I picked up on relatively quickly was the importance of labour laws and how important it is for government to take an approach that promotes harmony within the workplace.

We have seen this government take this issue very seriously. It dates back to when the Prime Minister became the leader of the Liberal Party and we made the appointment of our labour critic. I often saw him stand in the House to criticize the government of the day for some of the anti-labour legislation that was being introduced through the back door, legislation that the government was quite eager to get behind and support. If I reflect on my early days of being a parliamentarian, what I witnessed while I was in opposition was an attitude that did a disservice to labour harmony in our country. We saw the Harper government try to use the politics of labour as a wedge issue, and it was very much anti-union. There is a substantial cost for that.

We need a national government to demonstrate leadership on that file, and that is why I was so glad that the Prime Minister took this issue very seriously as the leader of the third party of the House. He brought it into the election campaign, and we all know what happened in the last election. It is important to highlight that the first pieces of legislation we brought in were what we are debating today, Bill C-7 and Bill C-4. I choose to believe that Bill C-4 rectified some of the problems that Harper created.

Bill C-7 originates from a decision from the Supreme Court of Canada that indicated we should be providing a mechanism to allow our RCMP and reserves the opportunity to be associated as a labour group. That was an excellent ruling by the Supreme Court of Canada, but ultimately the Conservatives were quite content just to sit on the issue.

[Kelly McCauley, Conservative, Edmonton West, AB]

Madam Speaker, I am sharing my time today with the member for Mégantic—L'Érable.

I am very pleased to be following the wonderful speeches made earlier today honouring our colleague, the Leader of the Opposition.

I am pleased to speak to the government's motion respecting amendments brought forward by the Senate to Bill C-7.

I want to acknowledge, in the same manner that my colleague from Brandon—Souris did, that the Conservative Party respects the Supreme Court's decision that RCMP officers are entitled to organize and bargain collectively. We recognize the great work of the men and women of the RCMP.

In much the same manner as Bill C-4, which is currently back before the House, the Senate has demonstrated a willingness to apply democratic principles to flawed legislation. I welcome this attention to democracy from the Senate and I am pleased to speak in favour of the Senate amendment regarding secret ballots, which the government has chosen to ignore in practice and attack in debate.

I have to openly wonder why it took the government 11 months to respond to amendments from the other place. The amendments from the Senate are substantially similar to the amendments to Bill C-7 last year when it was before committee. Last year, the government ignored the amendments as this legislation was deemed, in its words, too critical, so critical, in fact, that the government invoked time allocation to rush it through this House. Now, though, it appears that every bill is critical, of course, as time allocation seems to be used on every bill that the government bumbles through the House.

Upon receiving amendments from the Senate on this so-called critical bill, the government then promptly sat on the bill for almost an entire year. The Parliamentary Secretary to the President of the Treasury Board claims the government was “doing the thoughtful, careful analysis required to explore the whole portfolio of amendments made by the other place and to come forward with our response to have a robust regime for collective bargaining for the RCMP.”

I was personally shocked that she missed mentioning a whole-of-government approach and helping the middle class and those working to join it as an excuse for the delay. Let us rush the bill through because it is absolutely critical and then sit on it for an entire year because the government needs to carefully and thoughtfully consider the analysis. Why the government did not do that originally when drafting the bill or when similar suggestions were made in committee is beyond me.

Funnily enough, though, in spite of the government's odd stalling, Bill C-7 was, for the most part, a reasonable response to the Supreme Court's ruling on RCMP officers' rights to collectively bargain and organize. I cannot, however, endorse any bill that refuses to grant union members the right to vote in a secret ballot on whether to unionize.

I asked the Parliamentary Secretary to the President of the Treasury Board if she could tell us specifically why she thinks a card check system is better than a secret ballot system. In my question, I noted that secret ballots are used to elect members in this place, all the way down to simple acts like choosing high school student councils. On a question as important as whether or not workers want to join a union, why should those workers not be given the same priority?

In response, the parliamentary secretary criticized me for comparing the critical work of the RCMP to high school student councils. I do not take offence to such inane criticism from the member as it was evident she did not have a response to the uncomfortable reality that the government is endorsing anti-democratic principles.

In a follow-up question from my colleague from Calgary Rocky Ridge, the parliamentary secretary claimed that it is fairer to “restore the choice...for the Public Service Labour Relations Board to ensure whether the secret ballot or the card check system is in the interests of the members in a particular situation.” She also questioned why the RCMP should be “singled out for a more restrictive certification process than all the other groups that bargain with the government in labour relations.”

I have two responses to that. First, it is a poor justification for maintaining an anti-democratic system. It is an argument for keeping things the same because nothing else is changing. It is, frankly, a remarkably nonsensical excuse for denying democratic rights to workers and prospective union members. Second, we are not trying to single out the RCMP. We have consistently argued for the rights of union members and for the transparency of unions. Bill C-7 is one in a long line of examples where Conservatives have argued for greater transparency enshrined in law, which unions must follow.

Unions are like any employer organization. By virtue of their position, they necessarily have coercive power over their members and workers in a workplace. There is no logical reason why members opposite should argue that employers, through their scale and resources, possess undue power and influence over workers, but that unions, with their scale and resources, do not. Secret ballots balance out the power structure and ensure that workers come first.

The government has provided no indication that it recognizes the power imbalance and heavy entrenchment of unions, nor has it demonstrated any indication that it supports transparency in unions. On this side of the House, we believe in transparency, and we believe in legislation that strengthens the rights of individuals to make a choice free from intimidation.

When the parliamentary secretary asks why Conservatives want to single out the RCMP, the simple answer is that we will happily single out any organization for greater individual rights and greater transparency. RCMP members would be a good start, but all workers should know that this side of the House will stand up and defend their rights.

In a speech to the House last week, the member for Brandon—Souris reminded the House as follows:

...that in a briefing presented to the public safety committee, it was told that all previous certifications of public sector unions were done by secret ballot. By accepting this amendment, [the government] would actually treat the RCMP equally in terms of certification or decertification, as other public sector unions.

The parliamentary secretary is wrong for trying to justify anti-democratic legislation because current unions do not use secret ballots. She is wrong to argue that Conservatives are trying to single out the RCMP, because we have long argued for greater democracy and transparency. She is wrong to single out the RCMP because previous certifications of public sector unions were done by secret ballot, meaning that the Liberal government is actually singling out the RCMP for non-democratic treatment.

This is the second union-related bill that the Senate has sent back to the House with amendments calling for protection of the secret ballot certification process. It might be because the Senate has a point. Secret ballots are the only way to ensure union members can choose their future free from intimidation. The excuses put forward by the Liberal government do not justify denying democratic rights to workers.

I want to quote my friend and colleague the hon. member for Durham, who stated:

...my friends in the other parties are in Parliament not through a card check of their voters and their constituents but by their secret ballot vote, which is a fundamental tenet of our democracy.

It bothers me that we would suggest the federal government and the federal government's unionized work environment would have the same sort of intimidation stories you hear in relation to some private sector unionization efforts from years ago with unfair labour practices....

He is correct. The importance of the secret ballot cannot be understated, and must be upheld.

In researching some of the history of the secret ballot, I was reminded of the history of voting in the U.K., reading about the People's Charter written by the London Men's Working Association. As late as the mid-19th century, voting was still done by public show of hands at hustings. Given the prevalence of intimidation of voters, the demand for a secret ballot was one of the six key points of the People's Charter and the chartists' 1838 petition that “suffrage, to be exempt from the corruption of the wealthy and the violence of the powerful, must be secret.” The charter's points were not passed into law at that time. Unfortunately for all, the voting process was not made secret until the Ballot Act was passed in 1872. Voters in the U.K. fought for decades for secret ballots because it was the only method to protect their votes from intimidation. That the Liberal government is stuck in the mindset of the 19th century is quite disheartening.

In closing, I want to reiterate the comments made by my colleague from Brandon—Souris in quoting the hon. member for Carleton, who originally spoke on the legislation. He said that, in removing the right of a secret ballot, it was important to be very clear on what this meant. It meant that a union could take over a federally regulated workforce without there ever being a vote by a member from that workplace, and that thousands of employees from any number of federal employers could be forced to pay dues and be represented by a union for which they never had a chance to vote.

He noted that this would be particularly alarming when it related to the RCMP, an organization composed of members who put their lives on the line each and every day, in part to defend our democratic lifestyle. Therefore, it is great irony that members of the RCMP would be deprived of the most basic democratic right, which is the right to vote in secret on whether to certify a union, while they stand and defend our democratic rights.

I will reiterate my support for the Supreme Court's decision, and I firmly believe that RCMP members should be given the right of a secret ballot. I cannot support legislation that removes the ability of workers to choose their future, of their own volition and without fear of intimidation from anyone.

[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.