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

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, I am outraged by my colleague's remarks. As the former president of a local union, I had to manage my members' money for eight years, eight wonderful years during which I was accountable to them. We had to present financial statements at every meeting.

What my colleague is saying is wrong because unions have to provide financial reports. Every union has its own members and its own clearly defined rules.

I am pleased that we are moving forward with the bill introduced by our government colleagues. It is a step in the right direction.

Union leaders are being talked about as though they are fat cats, but I do not see myself that way.

I would invite my colleague to side with workers. We can follow the example of unions in order to improve health and safety, increase salaries and enhance workers' right to a better life.

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, certainly I will support things that help Canadian workers, and part of that is allowing them to know how their union dues are being used. It is the same as when people donate their hard-earned money to a charity. These funds are exempt from the Income Tax Act, and because of that, there are some responsibilities that go with it.

I recognize we live in a great country with a great democracy. All of us here were elected by secret ballot. Even our Speaker was elected by a secret ballot. We know, at the end of the day, that when people have their choice without intimidation, we are all better off as Canadians.

Those are the reasons why I stand in this chamber and speak. I respect that the member has her own reasons, and that is what makes our country great.

[Bob Nault, Liberal, Kenora, ON]

Mr. Speaker, in the discussions the member had with his colleagues when they passed Bill C-377, was he aware that seven provinces voiced opposition to this bill. They had concerns with encroachment on their jurisdiction as it related to labour issues?

Why did the previous federal government see fit to interfere in provincial jurisdictions as it related to labour relations, and put labour relations and the whole balance of labour relations in jeopardy in the provinces of the country when it was not a federation jurisdiction at all?

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, in today's complex environment, we will touch points at provincial, federal, and local levels. However, when these things are raised, we should not just say we oppose something out of a parochial sense of jurisdiction. We should say what the things are that we would like fixed. Unfortunately, the Liberal government has just said that it is all flawed and it will take everything away without giving workers the transparency they need.

In regard to Bill C-25, all of that is related to the federal sphere and has nothing to do provincially.

This is about supporting Canadian workers, and I would hope the member would consider that viewpoint.

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, I will be splitting my time with the great member for Sackville—Preston—Chezzetcook.

I am very pleased to participate in the debate on Bill C-4, the proposed repeal of two labour bills passed by the previous government. This is an important piece of legislation, and I encourage my fellow members to support its passage in the House.

Some do not agree with our moving to repeal these bills, which is fair enough. However, suggesting the government has a hidden agenda goes too far. During the election campaign, the Prime Minister publicly made a commitment to repeal both these pieces of legislation. Canadians went to the polls and they expect us to keep our commitments. It was also clearly spelled out and made public in her mandate after the minister was sworn in as Minister of Employment, Workforce Development and Labour. This commitment was restated by the Prime Minister when he spoke to the Canadian Labour Congress in November. Far from being part of some hidden agenda, the government's intention to repeal these bills was made very clear, stated often, and its reasons for doing so were repeated frequently.

Let us start with the most important reason. Repealing these bills would help restore a fair and balanced approach to labour relations in Canada. While both of these bills pose a number of problems, today I am going to focus on the legislative amendments made by Bill C-525. Bill C-525 changed the union certification and decertification processes under three federal labour relations statutes: the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, and the Public Service Labour Relations Act.

Prior to these amendments enacted through Bill C-525, federally regulated unions could use what was called a “card check system” for certification. If a union demonstrated that a majority of workers had signed union cards, the union could be certified as the bargaining agent for these workers, although it was only required if less than a majority signed but enough to indicate a strong interest, 35% under the Canada Labour Code, for example.

Bill C-525 changed that to require that unions show at least 40% membership support before holding a secret ballot, and to require a vote even where more than 50% of voters had signed union member cards. It also made it easier for unions to be decertified by lowering the threshold to trigger a decertification vote to 40%, compared to majority support, which was previously required. Essentially, Bill C-525 made it more difficult for Canadian workers to unionize. This is not good for our economy and it is not good for Canadians. Unions help to address inequality by helping to ensure fair wages. They help protect worker safety and prevent discrimination in the workplace. They also help employers because a fair workplace is a more productive workplace, and more productive workplaces help to grow our economy and help strengthen our middle class.

What was presented in Bill C-525 was essentially a solution in search of a problem. There were no great rallies on Parliament Hill or even in the boardrooms demanding that we change a union certification system that had worked successfully for many years. The card check system, whereby a union is certified by demonstrating majority support through signed union cards, has been used successfully for many years in the federal jurisdiction and in several provinces. A number of unions, like Unifor and the Airline Pilots Association, argued that it is fast and efficient and much more likely to be free of employer interference than the mandatory secret ballot system brought in under Bill C-525. The card check system is not undemocratic. It required a majority support through signed cards. The Canada Industrial Relations Board has strong measures in place to ensure the process of signed cards is fair.

It should also be noted that representatives from both sides of the bargaining table were highly critical of how the previous government brought in these changes. Both bills were brought in as private members' bills, and without consultation with employers, unions, or other levels of government.

Many argue that it set a very dangerous precedent for future labour reform. They are right. We believe that fair and balanced labour policies developed through real and meaningful consultation with unions, employers, stakeholders, the provinces and territories, and the Canadian public are essential for harmonious labour relations.

Bill C-377 also presents problems that could have been averted with proper consultation. We have heard my colleagues talk about that in great detail. Among other things, it has the potential to seriously disrupt collective bargaining processes. For example, detailed information about unions, including information on union strike funds, would be available to employers. It seems like a blatant attempt to make things harder for unions. We recognize the essential role that unions play in protecting the rights of workers and helping the middle class to grow and prosper.

It is clear that the legislative amendments enacted through these bills must be repealed in order to restore fairness and balance in our approach to labour relations in Canada. To do less would be a disservice to workers, employers, and the economy.

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

Mr. Speaker, I listened carefully to the speech given by the member for Yukon.

His speech was clear and very interesting, even if I disagree with it close to 100%. However, I respect the hon. member.

How can a gentleman like him, a very strong and good parliamentarian, oppose secret ballot votes?

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, there are secret ballot votes already under certain circumstances in the legislation, but it has been proven for years and years that the card-signing system is efficient and people have not complained about it. In fact, as I mentioned in my speech, Unifor and the Air Line Pilots Association said that this was more democratic and less likely to cause people to lobby and force votes.

[Bob Nault, Liberal, Kenora, ON]

Mr. Speaker, my colleague has been in the House for many years and understands the process of legislation and the structure of how we make improvements to the Canada Labour Code. One of the things that shocks me the most about the previous government bringing these two private members' bills forward is that anyone who is in government would know that the Department of Justice would have given the minister of labour and the member, in the private member's bill process, an explanation as to whether it was provincial or federal jurisdiction.

Why would the previous government bring in legislation that was in the provincial jurisdiction, related to provincial labour agreements, and did not have anything to do with the federal government per se?

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, the member brought up one of the major points about this bill, which is the case with some other bills too that I would love to talk about, and that is the process as opposed to just the content. I have certain personal qualms sometimes with how private members' bills do not get the same rigorous analysis by departments, the same type of consultation, and the same type of constitutional review as other bills. A private member's bill results in a law, the same as any other bill, so why would it not get the same type of thorough treatment?

Personally, I would like to reform the system to ensure that all bills are looked at with the same wisdom by the technocrats, the people who have spent their lives working on the technical details, so they can provide technical information, some of which the member mentioned, to parliamentarians. Of course, the bottom line is that parliamentarians ultimately have to and should make the final decision based on a comprehensive technical review to ensure the bill is under the right jurisdiction, makes technical sense and does not offend the Constitution. As we know, Bill C-377 is under a constitutional challenge.

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

Mr. Speaker, as I sit here listening to members from the Conservative Party who, in some cases, literally thump on their desks for the cause of democracy, I would be remiss if I did not take note of the fact that when Bill C-525 was first presented in the House, it said that if people did not attend a meeting on certification, the government would, in effect, vote for them and say how they would be voting. In the case of certification, members not present would, effectively, be deemed to have voted against certification. In cases of votes for decertification, union members not present would be deemed to have voted for decertification.

Surely, if the government were to present legislation in the House that were to dictate the votes of members not present for votes, all of us, including members in the Conservative caucus, I think, would say that this was an affront to democracy.

In light of that conception in the original bill, does the member find it as rich as I do to be accepting lectures today from the Conservative caucus on the nature of democracy?

[Larry Bagnell, Liberal, Yukon, YT]

Mr. Speaker, as part of sunny ways, I will not criticize anyone. However, I did want to compliment the member's father. I served with him in the House. He was a wonderful legislator. I know that the member will follow his process.

The point the member is making is that we need to have fairness and comparability in all the processes. We do not just assign votes to people who do not show up.

[Darrell Samson, Liberal, Sackville—Preston—Chezzetcook, NS]

Mr. Speaker, I am extremely pleased to stand today in support of Bill C-4. Bill C-4 removes many of the barriers and administrative burdens on labour groups that the Conservative government put in place.

I would like to begin by saying that unions have played an important role in Canada for a very long time. It is that partnership that has contributed to the success of this country and our economy. It is important to mention that it has also improved the fundamental rights of individuals in the workplace. That is essential and should be noted.

The contributions of unions have been very large, but I would like to share a few points with the House tonight.

Unions have played a major role in establishing an eight-hour workday, a five-day work week, parental benefits, which are essential as well, and health and safety standards. There are many areas where the unions have contributed to the success of those changes.

Labour unions have greatly contributed to the balance between the rights of workers and the ability of employers to run efficient operations and businesses.

In my past life, I spent 11 years as the superintendent of the French school board. During that time, I had many opportunities to work closely with unions, unions that were our partners and our workers. I can assure members that it was a successful experience with successful negotiations. The employees were able to benefit from many of the things we negotiated, but the school board was also able to gain from the negotiations. It was a partnership that was extremely important.

Unfortunately, Bill C-377 has tipped the scales in favour of management by forcing the public disclosure of information, which in most cases, is not required for private corporations.

It is important to mention that Bill C-4 is in no way intended to cut transparency.

Bill C-377 is redundant legislation.

If we look at the province of Nova Scotia, the Trade Union Act has provisions that allow all union members to access copies of any financial statement free of charge. The result of this transparency measure is that no complaints have been filed in Nova Scotia over the last five years on this type of issue.

I must also mention that the province of Nova Scotia has noticed the federal government's interference in this area, which is traditionally a provincial jurisdiction. At the May 7, 2015 meeting of the Senate committee on Legal and Constitutional Affairs, the Nova Scotia Minister of Labour and Advanced Education, Hon. Kelly Regan, stated:

governments all across Canada are doing what they can to eliminate regulatory duplication and red tape....It's hard to understand why the federal government would enter into this area of provincial jurisdiction.

I agree fully with the minister.

It is even more surprising to hear the opposition say that most people were in favour. B.C., Manitoba, Ontario, Quebec, New Brunswick, P.E.I., and of course, Nova Scotia all opposed Bill C-377 and Bill C-525.

I would now like to talk a little bit about Bill C-525. This Liberal government is proud to be able to undo the damage done by the Conservative government's Bill C-525. That bill is forcing workers who want to create a new union to obtain the signatures of 40% of its members and have a secret ballot on the issue. Obviously, the Conservative government's strategy was to add layers to the process for creating a new union.

Our government firmly believes that we should not discourage people from participating in a union. That is why we want to restore the former system under which workers only needed the signatures of 50% plus one.

As with so many of its initiatives, our government is working hard to collaborate with all regions of the country, with all sectors of the economy, to bring real change for all Canadians.

Our government has chosen to put its trust in this country's labour organizations and the workers they represent. We must ensure that they are not treated unfairly at the negotiating table. This represents a change of tone and attitude compared to that of the previous government. It is a tone where we treat not only unions and their workers with respect but also our indigenous communities, veterans, families, and democratic institutions.

I am proud to provide my full support to this bill and I congratulate the Minister of Employment, Workforce Development and Labour for her leadership in bringing this legislation to the House.

[Erin Weir, NDP, Regina—Lewvan, SK]

Mr. Speaker, it was great to hear the member from Sackville speak about the collective bargaining process.

A very important part of collective bargaining is the ability for employees to withdraw their labour. That right really only has effect if the employer cannot just bring in replacement workers.

Several times in previous Parliaments, anti-scab legislation has come forward. Often the Liberals have spoken very positively about it, but when it came down to actually voting for it on final reading, they would sort of fall away, would not show up, or vote against it, that sort of thing.

Now that the Liberals have the majority and could pass anti-scab legislation, I am wondering if the member from Sackville could commit to do so.

[Darrell Samson, Liberal, Sackville—Preston—Chezzetcook, NS]

Mr. Speaker, we are focused on making the necessary changes that will allow for a strong relationship between unions and industry, the economy, so that we can ensure improvement and continued growth in this country.

[John Barlow, Conservative, Foothills, AB]

Mr. Speaker, I want to ask my colleague a question regarding consultation on Bill C-4.

The member talked about how none of the consultation happened before with Bill C-377 and Bill C-525. However, we did extensive consultation. We had many union members and union leaders come in at committee and Senate stage to talk about this.

Does the member not understand that some of the polling we did with Leger and Nanos showed that more than 84% of union members were in support of the legislation we put forward.

Did the Liberals do any consultation with actual union members, or was it just with union leadership?