Bill C-4 (Historical)

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

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

Canada Labour Code

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Madam Speaker, today, I rise to speak to Bill C-4. This is a very important debate because, unfortunately, this bill will change union democracy in the coming decades.

Many people will agree that the Liberal values do not represent the values of union members. In fact, they are quite removed from the values of a responsible government, values that were bequeathed by our Conservative government during the last Parliament.

Our Conservative government gave a voice to union members on fundamental values. To do away with transparency and the freedom afforded by a secret ballot shows the lack of respect and judgment of the Liberal government, which is practising the politics of avoidance and patronage for its friends. This government has simply abandoned union members and bowed to pressure from union leaders. I am being polite using the word “pressure”. “Returning the favour” would be a more accurate way of putting it.

Obviously, unions do have a role to play. Union members have chosen to pay dues so that the unions will stand up for their rights and negotiate working conditions that are acceptable to and benefit both parties.

They did not choose to pay dues to be involved in labour relations horror stories, such as the ones we all have heard about from friends who were victims or the ones we were personally involved in. Obviously, we have all heard of people who did not dare go vote because they were told that, if they were voting against the union, they were not voting the right way and to watch out. They were advised not to attend the meeting because the vote would be held by a show of hands. They were advised to stay home. In some cases, not even 10% of workers voted.

That is just one of thousands of similar situations. We are talking about intimidation, harassment, bigotry, exclusion, and abuse of power.

We all know workers who have paid and are still paying the price of these tactics, including sometimes irreversible occupational and mental burnout and other traumatic effects.

Taking away unionized workers' rights is unacceptable and completely inconsistent with our society's values of freedom and transparency. The government says it is transparent, but anyone can see that, for almost a year now, it has had no qualms about doing whatever it pleases.

Imagine telling Canadians they have to vote in a general election by raising their hands. There would be an uproar if people were given appointments to go vote in a community centre with candidates and parties looking on or even staring them down.

That is what the Liberal government is going to make our unionized workers do. It is also going to force its MPs to vote the party line even though this is a moral issue. Shame on them for treating all 308 of us legislators as though we do not matter.

My concerns are the same as those of thousands of Canadians who are angry at the Liberal government, a government whose priority is letting union leaders amble up to the trough and joining them there. The Liberals have a long history of doing things that way, and they keep doing it until they get caught with their hands in the cookie jar.

Considering how little this government has delivered since taking office, it sure seems to like hopping all around the globe, courtesy of the taxpayers of Canada, giving away Canadians' money, which this Prime Minister seems to think of as his own.

There have been many spending scandals, including many examples this week alone, such as the exorbitant relocation expenses of $200,000 for the chief of staff and the Prime Minister's best friend, limousine and room rentals for the work of certain ministers at prices that are just as exorbitant, and of course, the billions of dollars in debt that this government is going to leave to future generations, including my unborn granddaughter, whom we are expecting soon.

As we all know, the Liberals seem to be the only ones who can't count. They are going to run out of money, and my fear is that, at this rate, that is going to happen soon.

When will the Prime Minister's soap opera I got caught with my hand in the cookie jar finally be cancelled? Not only are the Liberals helping themselves to taxpayers' money, but all week long, the Prime Minister has been defending the indefensible and trying to cover it all up. This shows a flagrant lack of judgment on the Prime Minister's part.

However, this is not surprising, given the endless examples of wasteful spending. The next few weeks are going to be very interesting.

The party has gone on long enough. Will they finally stop handing over Canadians' money to the Prime Minister's friends, doing favours for unions, and wanting to fix what isn't broken? Where is this Prime Minister's judgment?

Something else that makes no sense is the Liberal government's dedication to electoral reform. No one in my riding has spoken to me about this. No one at all. Why complicate something that Canadians have understood for more than 140 years? In my humble opinion, it is the Prime Minister's judgment that needs to be reformed.

I believe, as do Canadians concerned about the politics of avoidance, that centralizing power in the hands of the minority or using scare tactics to serve one's own interests is completely unethical.

I hope that my colleagues opposite will understand what I mean by politics of avoidance. I am referring to how they have backed away from defending democracy, being accountable, being engaged, protecting everyone no matter their status, fulfilling their government responsibilities for the common good in order to benefit the few.

Now they want to break with the tradition in the Constitution Act, 1867, and the Supreme Court Act, both of which govern the Supreme Court appointment process because the Prime Minister feels like giving himself the right not to keep with tradition and appoint a judge from Atlantic Canada. It is unbelievable, but true.

I am afraid that this Liberal government's anything-goes attitude is just the beginning. So far it has excelled in just one area: social activities that involve selfies and being a bit player on the world stage. The government ought to remember that this is not theatre.

Our Prime Minister is a national joke. Transparent for the smart phone cameras he might be, but stand up for transparency in democratic institutions and organizations he cannot. He is an embarrassment.

He was a leader who promised to stand up for the middle class, but he hoodwinked millions of Canadians with his grand promises. As citizens, workers, retirees, parents, individuals, and a country, we all stand to lose so much in the end.

Bill C-4 serves merely to enhance the image and serve the interests of an egotistical individual who is running away from making real decisions for a strong, prosperous, and safe society and economy like the ones the Conservatives bequeathed to him.

I would like to list just some of the so-called changes introduced by this government: tax hikes, an end to income splitting, cuts for families earning less than $60,000 a year that use tax-free savings accounts to put money aside, a threat to the child care tax credit, an end to the air strikes against ISIS, along with never-ending deficits that will cripple the economic future of our country, our children and our grandchildren.

As though that were not enough, now the Liberals are coddling union leaders instead of standing up for dues-paying members, our noble workers who have a right to vote according to their convictions and in complete secrecy.

I think it is high time that whoever is pulling the strings within the Liberal government showed some judgment and did something to ensure that its actions reflect the values of a responsible government that promotes transparency and the right to exercise one's right to vote in a respectful manner.

I will end with a word that aptly describes the Liberal Party of Canada: scandal.

The bill before us bolsters the return of Liberal cronyism. It flies in the face of Canada's democracy and the values of the Conservative Party and Canadian society. It violates the rights of union members and all Canadians. I therefore urge the Prime Minister to come to his senses or for one of his advisors to help him to finally see reason.

For all of these reasons, I move, seconded by the member for Louis-Saint-Laurent:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, be not now read a third time, but be referred back to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities for the purpose of reconsidering clauses 5 to 11 with a view to preserving provisions of the existing law which stipulate that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.

[The Assistant Deputy Speaker, Carol Hughes]

The amendment put forward by the member for Lévis—Lotbinière is in order.

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

Madam Speaker, I would like to begin by congratulating my veteran colleague who spoke just now. I appreciate his letting the whole country know that he will soon be a grandfather. I wish my colleague's children and grandchildren all the happiness and success in the world.

There is a reason I called the member a veteran. He was first elected in 2006, so he has been in the House for more than 10 years. Like all Canadians, he probably remembers the first bill the Harper government introduced in 2006, the Federal Accountability Act. His new government had to literally—I was about to say something kind of rude—turn the page on an unfortunate chapter tarnished by the sponsorship scandal.

The first thing the Harper government did was pass a law on accountability. One of the first things this government is doing is passing a law that gets rid of union accountability and attacks democracy, transparency, and accountability.

What does my colleague think of the way this government is using one of its first bills, Bill C-4, to attack the very building blocks of this country: democracy, transparency, and accountability?

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Madam Speaker, I thank the hon. member for Louis-Saint-Laurent for his kind wishes. It is true that in just a few days I will have the good fortune of becoming a grandfather. I hope to leave the future generation of Canadians a country with a healthy democracy and a healthy economy. It is really very important.

To come back to accountability, that was our former Conservative government's battle cry. Unfortunately, when the government has no regard for accountability, as we saw today and all week, then we are faced with the abuses of people who take taxpayers' money with both hands to pay for personal benefits. That is what is happening, unfortunately. That is what we saw and will continue to see for the weeks and months to come. It will not stop until October 2019.

[Erin Weir, NDP, Regina—Lewvan, SK]

Madam Speaker, my colleague from Lévis—Lotbinière spoke strongly in favour of a secret ballot vote to determine whether employees wanted to unionize or not, but why stop at employees who have already signed union cards? I want to know if my colleague would support a system where all Canadian employees, at every workplace, would periodically have the opportunity to vote on whether they want a union.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Madam Speaker, I thank my colleague for his question.

Basically, I believe that all Canadian unionized workers should have the right to cast a secret ballot when voting on whether to strike or voting on a decision. There are many possible reasons someone may not agree with their union leaders' decisions.

For instance, during a strike vote, one may decide for personal reasons that it is more important to go to work, to feed their children, and pay the mortgage. Not everyone will want to get involved in a strike that could last two or three months and that could bankrupt the company they have worked for 10, 15, or 20 years, or force it to relocate. That is fundamental.

I find it particularly unfortunate when only 122 people show up to vote, when the company employs 2,000 workers. That makes no sense. This kind of thing should not happen in Canada. That should not happen anywhere in the world, but especially not in Canada.

[John Brassard, Conservative, Barrie—Innisfil, ON]

Madam Speaker, I want to thank my colleague for his speech today.

As I was travelling in my riding over the summer, I stopped at Tim Horton's, and a resident of Barrie—Innisfil came up to me and asked if I had heard about the new Liberal happy meal at McDonald's. Basically, he said, we could order anything on the menu and the kids behind us would pay for it. I thought it was appropriate.

Given the fact that my colleague is going to be a grandparent soon, how worried is he about the future of the Canadian economy and his children and grandchildren having to pay for the Liberal debt and deficit situation?

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Madam Speaker, I thank my colleague for this important question.

Indeed, I am worried about the direction this government is taking and its vision of the future for all Canadians. I am extremely worried about the path it is taking. By giving away money that it does not have, it is going to run out, and once Canada's credit rating is lowered, the Liberals will disappear.

[The Assistant Deputy Speaker, Carol Hughes]

For the benefit of the House, I will reread the proposed amendment.

That the motion be amended by deleting all the words after the word “That” and substituting the following:

Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, be not now read a third time, but be referred back to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities for the purpose of reconsidering clauses 5 to 11 with a view to preserving provisions of the existing law which stipulate that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

The House resumed from September 23 consideration of the motion that Bill C-4, an Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, be read the third time and passed, and of the amendment.

CANADA LABOUR CODE

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

Madam Speaker, as many will know, when there is an opportunity to talk about the issue of labour relations in Canada, as much as possible people can count on the fact that I love to be able to share my thoughts on what I believe is a very important issue. It is an important issue not only for me but also for the Prime Minister and the Liberal caucus as a whole. That is very clearly demonstrated in the degree to which labour relations has been made a parliamentary priority by the government.

I can recall having discussions about labour-related legislation prior to our being in government, when we discussed two private members' bills. I will comment on that because at times it was fairly emotional for my colleagues opposite when we indicated the manner in which the past government, the Harper government, had changed the labour laws.

One of the discussions that took place had to do with the sense of unfairness about what the Conservative government was doing at the time in introducing private members' legislation. Therefore, no one should be surprised that the new government, led by our current Prime Minister, has made a fairly bold statement that we want to establish a new attitude and a new relationship between labour and management, given the harm caused by the former government. It did not take long for our new government and the Prime Minister to bring forward legislation that will ultimately assist in setting the stage.

Bill C-4 is a genuine and effective attempt to repeal legislation that was previously introduced in the House by private members. I was there during the debate when those private members' bills were brought forward to fulfill what we believed at the time was the Conservative Harper government's agenda with respect to labour relations.

Over the years, I have had the opportunity to walk on picket lines and to support workers. I have had opportunity to meet with management groups to talk about labour relations. I understand the importance of balance. At one point, I was even the labour critic in the Province of Manitoba. I understand how important it is that there be balance, because balance is what provides for an effective bargaining process.

Although we have only held the reins of power here at the national level for a relatively few months, I believe we have made significant strides forward. I was really encouraged by our ministries here today that were so effective in sending the message to Canada Post and the union not to expect the current government to jump in with back-to-work legislation.

The government's expectation is that the stakeholders in this case, the management and the union, will be able to negotiate in good faith. I believe that in good part they have understood that the government wants to see that different attitude toward negotiations and that it believes it is in their best interest, both management and the labour side of Canada Post, to reach a negotiated agreement. In essence, that is what we have witnessed. When there is an opportunity for a negotiated agreement between the stakeholders, I believe this is what we should be striving for at all times. I do not believe the previous government really appreciated that fact.

Hansard will clearly demonstrate that I would comment back then that everyone knew at the time that the government of the day would institute back-to-work legislation virtually immediately if a strike took place. How did that influence negotiations? It was not just in respect of Canada Post. Indeed, the government needs, as much as possible, to respect and allow for negotiations in good faith. It does not necessarily mean that we are limited. We act in the best interests of Canadians at all times.

The former government did not recognize the importance of labour harmony. That is one of the reasons why we, as a government, had to deal with labour legislation right from the get-go. That is exactly what our Prime Minister and our government did with the introduction of Bill C-4. First reading was back in January and the bill was brought forward for second reading in February.

What was the Conservative Party's official response? The Government of Canada said that Bill C-4 was a priority piece of legislation and that we should debate it. Back then, the Conservatives did not think twice. They brought forward an amendment to the legislation. The amendment read:

That the motion be amended by deleting all the words after the word “that” and substituting the following therefor: “this House decline to give second reading 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, because the bill violates a fundamental principle of democracy by abolishing the provision whereby the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority”.

Right away, the Conservative Party attempted to reject Bill C-4. It did that because it prefers those private members' bills, no matter who was offended by them. I am very proud that the government continued to push forward boldly with the legislation, understandably so, and we saw it go to committee.

When we deal with bills like C-525, C-377, and C-4, they go to committee and we get all sorts of different types of presentations on them. However, in this case, both labour and management argued that the approach established by Bill C-525 and Bill C-377 set a dangerous precedent for labour relations and law reform, wherein the tripartite consultation process—referring to employer, union, and government—had traditionally been considered as essential by the stakeholder to maintaining a workable labour-management balance.

We saw both sides make that claim. Many members in the Liberal caucus have raised that issue. I listened to my colleague from Atlantic Canada, when he was the critic for labour, stand up many times and articulate how important that balance was and how we had to respect the importance of the stakeholders. That was one of the fundamental flaws with the private members' bills that were being advanced at the time, which we are repealing through this legislation.

We have an hour of private members' business every day, almost without exception. There was substantive labour legislation. When changes are made to labour legislation, there is an obligation to take those stakeholders, the labour and management sides, and bring them to the table and sit down with them to get a good understanding of where consensus could actually be built. That allows the government to be involved in this well-established process that has proven to be fairly effective in Canada. Other jurisdictions look to Canada to see how we are able to provide balance between labour and management, and the different stakeholders.

That is something that is so critical, yet both of those private members' bills did not go through that process. In fact, if we had applied the same rules of procedure to Bill C-4 as we did to the two private members' bills, then we would not be debating the bill right now. The bill would have been limited in terms of the amount of time allowed for debate.

Members know full well that a private member's bill is treated quite differently than a government initiative or government legislation. There is more debate time for government bills. There is a different process, whether it is the lead-up, the making of the legislation, ensuring that there is that consultation and that the consensus is built between and labour management, all the way to the second reading, third reading, report stage, and so forth.

There are time limits that are instituted in our rules to deal with private members' bills. That is why many thought it was intentional on the part of the Harper government to have private members bring legislation in through the back door. We have made reference to that in the past. Many on the other side get very upset or are offended when we talk about that backdoor approach, but they need to recognize that there is a difference in the process. That offended both labour and management stakeholders. At the time, the Harper government completely ignored that.

Now we are going through the process. What was Bill C-525? It was the Employees' Voting Rights Act. It was introduced in the House of Commons as a private member's bill on June 5, 2013, by the Conservative member for Red Deer—Lacombe. The bill received royal assent on December 16, 2014, and ultimately came into force on June 16, 2015. It suggested that the card check certification model, which we believe is quicker, more efficient, and more likely to be free of employer interference, was something the Conservative Party adamantly disagreed with. It articulated that it needed to be gotten rid of.

However, it did not go through the process. The private member, heavily supported by the government, brought forward that piece of legislation and it offended a great number of people, not only union personnel.

Then Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), was introduced in the House of Commons on December 5, 2011, again by a Conservative member. The bill ultimately did pass on December 12, 2012. On June 26, 2013, amendments were made to the bill in the Senate and it was referred back to the House of Commons for review; however, the bill was restored back to its original version. Keep in mind, that was a majority Conservative Senate. Even the Senate recognized the imbalances being caused by this piece of legislation, but the Harper government used its majority to kick it back. Ultimately it was accepted and then put into force after royal assent in June 2015 and took effect in December 2015.

It is no wonder we have made this a high priority for this government. We heard some criticisms at the time about Bill C-377. That it could upset the existing labour relations balance between unions and employers was a comment we heard continuously, whether it was through debates or at the committee stage. That union financial disclosure was already addressed in the Canada Labour Code and in many provincial labour statutes was also something that was raised on many occasions, as well as why the Conservative government was singling out unions. What was the driving factor behind the Conservatives doing that?

It must be pointed out that the bill is discriminatory against unions and ignores other types of organizations such as professional associations, which also receive favourable treatment under taxation law. The bill would invade the privacy of labour organizations and their members.

It is interesting to note that the Alberta Union of Provincial Employees launched a constitutional challenge to Bill C-377. I understand that challenge is now in abeyance until we see what takes place with Bill C-4. There were a great many concerns dealing with privacy. Even the Canadian Bar Association and the Office of the Privacy Commissioner provided comments to that effect. The CBA suggested that the bill may be subject to legal challenges on those grounds alone.

It is amazing the number of provinces that voiced opposition to Bill C-377. A majority of the provinces also criticized the bill for potentially crossing over and destabilizing the labour relations environment. This is where I started my discussion. When we talk about Bill C-4, it is all about righting a wrong. It is restoring a sense of fairness and balance to our labour laws and that is of the utmost importance.

The Conservative government lost touch with Canadians on labour issues, as it lost touch on many different issues with Canadians. Bill C-4 is a good bill and should be supported by all members because it brings back and restores balance to labour relations.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, I would like to correct some of the facts.

Basically, when the previous government passed Bill C-525 and Bill C-377, there were major consultations, a word I believe the current government loves to hear all the time. The House of Commons Standing Committee on Finance examined the issue, as did the Senate Standing Committee on Banking, Trade and Commerce, and the Senate Standing Committee on Legal and Constitutional Affairs.

Although no one is accusing the government of being logical, here is the question. What is the motivation behind the legislation? I believe an observer would say it is to protect the union bosses. The irony is that those union leaders are themselves elected by secret ballot. Does it make sense that union leaders be elected by secret ballot if secret ballots are not allowed for union certification votes? That is the question, and hopefully we can hear some logical answers.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, let me be crystal clear as to why it is we have Bill C-4.

In essence, it is about the fundamental values of how negotiations should be taking place in the collective bargaining process. Those values were violated by the Harper Conservative government. Bill C-4 is an attempt and a first step in restoring that balance of fairness, of openness, to labour relations here in Canada. It would fix a problem that the Conservatives created. That is what Bill C-4 is all about.

[Sheri Benson, NDP, Saskatoon West, SK]

Madam Speaker, I was very heartened to hear the member use words that I used in my speech, which were about having a more balanced approach to labour relations and that the legislation before us was a first step toward correcting what I feel was anti-worker legislation from the previous government. The NDP fought hard in the last Parliament to get rid of these anti-union, anti-worker types of legislation. Although there was consultation, if we go back and look, most people who were consulted disagreed with the government's legislation.

Why would we continue to operate under the previous government's Bill C-4 and just go at it bit by bit? Why not really make a stand, if the government really is supportive of workers, and repeal all the previous anti-worker legislation? I would like to hear whether the member would like to join with me in order to move forward. It is almost as big a step going back to start over in order to get back what workers fought long and hard for, which was taken away under the previous government.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, I did indicate that this is but a first step. There is other legislation.

I recall another priority legislation that we introduced, which dealt with the RCMP being afforded the opportunity for collective bargaining. Even though it was the Supreme Court that ultimately told the former Conservative government that we needed to establish that framework, it did not take our Prime Minister and the government long to recognize that this was something that needed to be done and should be done quickly, and we brought forward legislation to that effect. It was something that other jurisdictions, other law enforcement agencies, already had, this ability to organize. Therefore, why put it off? This is yet another piece of legislation.

I can assure the member across the way that we are, as a government, very sympathetic to making changes that would improve our labour laws. However, there is an onus of responsibility on behalf of the Minister of Labour, the cabinet, the government, and in fact all members of the House to make sure that it goes through a process that enhances that balanced approach and works with the different stakeholders. We should not just take an idea and turn it into a law. We need to recognize the importance of inclusion and make sure that labour, management, and different stakeholders are brought into the circle.