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

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

Mr. Speaker, I thank my colleague for her question.

As she said, any union member who wants that information can simply go to the union office and ask for it. That information is shared at union meetings.

In my case, the union leaders' expenditures had to be voted on at every meeting, on a monthly basis. In my union, we knew exactly how much money was spent and how it was spent. This is really a solution in search of a problem.

[Scott Duvall, NDP, Hamilton Mountain, ON]

Mr. Speaker, it is my privilege to rise today to speak in support of 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 is a small step forward. It recognizes the need to respect the rights of hard-working men and women across the country. Since I have been an advocate for the rights of working men and women for many years, it should come as no surprise that I support this legislation.

My colleagues in the NDP caucus and I are happy to see critical rights restored to hard-working Canadians. However, this bill is only a first small step. We worry about the erosion of workers' rights under the previous government. There are so many questions and concerns. We look to the Liberal government to restore each and every one of the rights stolen from Canadian workers.

We also ask the government to update parts of the Canada Labour Code that are about 60 years out of date. One way to rectify this problem would be to act immediately on the recommendations in the final report of the 2006 review of the Labour Code. This is something long overdue. Many of the recommendations would provide much-needed updates and would benefit many hard-working Canadians who work two or three part-time jobs trying to support a family and purchase or maintain a home.

It is amazing that in a few short years we have seen the dismantling of the rights of each and every individual across the nation. These are rights that have taken decades to create and develop. These are rights that protect each and every one of us, especially those who are the most vulnerable.

New Democrats vigorously opposed the former Conservative government's attempts to restrict the rights of unions and to change the rules governing labour relations under the guise of increased transparency. During the election, we committed that an NDP government would repeal Bill C-525, on union representation, and Bill C-377, concerning the supposed transparency of labour organizations.

Bill C-377 was an unnecessary and discriminatory law designed to impose onerous and absurdly detailed reporting requirements on unions. The bill was pushed through Parliament by the previous government despite widespread opposition from a variety of interests, not just unions.

Many people knew there would be negative effects from this legislation well beyond its impact on unions. Many groups and associations represented individuals whose rights they consider important, whether one belonged to a union or not. Those groups included the NHL Players' Association, provincial governments, Conservative and Liberal senators, the Privacy Commissioner of Canada, the Canadian Bar Association, and the insurance and mutual fund industry in Canada.

New Democrats agree with the Privacy Commissioner of Canada, who believes that the bill goes against the Canadian Charter of Rights and Freedoms. If this legislation is not repealed, it will almost certainly be defeated in the courts.

New Democrats opposed Bill C-377 at every stage, because the legislation was as unnecessary as it was irresponsible. It corrupted the very ideal of fairness and balance in negotiations between the parties and undermined the fundamental right to free collective bargaining. It was a partisan assault on the men and women who go to work every day to provide for their families.

Canada needs a strong and healthy trade union movement. Unions in Canada have done so much not only for their members but for Canadian society as a whole. When unions are weakened, all working people feel it, and why is that? It is because attacks on collective bargaining do not promote economic growth. In fact, the opposite occurs. Attacks like these promote inequality, not a healthy economy.

The previous government claimed its support of Bill C-377 was based on providing transparency. What it failed to mention was that unions are already required to make their financial information available to their members. The bill represented an unnecessary duplication. It was a solution to a non-existing problem.

On top of this, the bill would have cost taxpayers a great deal of money to implement. The Parliamentary Budget Officer estimated that it would cost much more than the $2 million allocated by the CRA for this level of monitoring. It was estimated that the Canada Revenue Agency would have to spend $21 million over the first two years just to establish an electronic database and $2.1 million each year thereafter. That is ridiculously expensive, especially for something that is clearly redundant and represents unnecessary harassment. The bill should never have seen the light of day, and its repealing just makes sense.

Bill C-4 would also repeal another anti-union private member's bill supported by the previous government, Bill C-525. New Democrats fully support repealing that bill. The bill attacks the fundamental right of association, making certification of new worker associations or unions much more difficult while at the same time allowing the decertification of existing unions to be much easier.

These changes to labour laws were made despite there being zero evidence of any problems with the previous system of union certification.

A union, like any other type of association, exists to provide support and a voice to its members. What right does a government have to meddle in the daily management of any worker association or union? Very simply, it has no right. Such destructive meddling represented more than some childish act of union busting, and the effects would have had an impact on all Canadians.

Whether a person supports unions or not, the fact is that unions have been a driving force in ensuring that all hard-working Canadians, whether unionized or not, receive a basic level of rights, freedoms, and protections.

Organized associations of working people are important to Canadians and the economy. Higher wages negotiated by unions improve the lives of everyday Canadians by injecting an additional $786 million into the Canadian economy each week. Standing in the way of the well-being of hard-working Canadians is bad policy, bad governance, and bad fiscal management, and it is bad for the economy.

I join with the Canadian unions that are pleased that the federal government has introduced legislation to repeal both Bill C-377 and Bill C-525.

The president of the Canadian Labour Congress, Hassan Yussuff, has said:

...these bills were nothing more than an attempt to undermine unions' ability to do important work like protecting jobs, promoting health and safety in the workplace, and advocating on behalf of all Canadian workers.

Mark Hancock, National President of CUPE, echoed those sentiments when he said:

This is good news for all Canadian workers. These bills were nothing more than political attacks on unions and we are happy that the new government is moving quickly to correct these wrongs.... This is a good step in re-establishing a sense of respect for unions, the democratic voice of working people.

The UFCW said this:

UFCW is pleased to see the government tabling Bill C-4. Our union campaigned vigorously against the Conservative Government's Bill C-377 in the last parliament. The bill was undemocratic, and part of the Conservative government's campaign against workers and workplace democracy. It was also a major invasion of the privacy of individual union members and it infringed on provincial jurisdiction over labour issues.

Repealing Bill C-377 is positive for all Canadians as this bill would have been expensive for the government to implement and monitor.

The NDP will continue to push the government to restore and enhance collective bargaining rights as well as fair working conditions for all Canadians. The NDP will continue to pressure the government to reinstate a federal minimum wage and to enact anti-scab and proactive pay equity legislation.

Likewise, the NDP will also push the government to repeal the previous government's dangerous legislation, also entitled Bill C-4, and not just review it. This contentious Conservative legislation has been called unconstitutional and stacks the deck in the government's favour, undermining fair collective bargaining. Some people claim that the bill turned back the clock almost 50 years, and I certainly agree. A bill this backward needs to be repealed and not just reviewed.

Having fought hard against these unnecessary and irresponsible bills, the NDP welcomes the changes tabled by the current government. The rights of working people have been under attack for far too long and the repeal of these bills is a good first step, but there is much more to do for workers' rights and for working conditions for Canadian men and women.

The NDP will push the government to restore good faith bargaining with our public sector workers. We will push the government to reinstate a federal minimum wage and to ensure that workers have fair and independent health and safety protections. We will push the government to adopt anti-scab and pay equity legislation, because all Canadian workers deserve fairness and respect.

Bill C-4 is a very good step. However, it does not go far enough, and there are still many questions and concerns. We can and we must do better. Canadians are counting on us.

[Colin Fraser, Liberal, West Nova, NS]

Mr. Speaker, I congratulate the member on his fine speech.

During the election campaign, I certainly heard in many parts of my riding opposition to what the Conservatives had brought in with Bill C-377 and Bill C-525.

I wonder if the member could highlight some of the reasons he thinks the Conservatives brought that in, why it was so unfair and unpopular with workers, not only in my riding but across the country, and why it is important to make sure that we repeal those bills now.

[Scott Duvall, NDP, Hamilton Mountain, ON]

Mr. Speaker, what I heard in my riding and from the labour movement was that this was a way of union busting. It was basically to get back at the unions for something they believed strongly in: protecting the rights of workers.

A lot of people have come out with suggestions that the Harper government did this on purpose to make it very costly for unions to report their income to their union members, something they do already. It is not only to the members. Each union has what it calls trustees who actually look at the books on a quarterly basis and report back to their unions, to the membership, about what money is being spent.

There is nothing here to hide. We do not know why the government did this. It certainly looked like it was to get back at the unions.

[Jim Eglinski, Conservative, Yellowhead, AB]

Mr. Speaker, I noted that the members from Elmwood—Transcona and Hamilton Mountain both stated that the unions were required to supply information to the unions.

I wonder if the member could tell me under what authority they are compelled to supply that information. What is the legal entity that compels them?

[Scott Duvall, NDP, Hamilton Mountain, ON]

Mr. Speaker, that is a very good question.

It is the constitution of the union that compels them to do this. It is stated right in there. For instance, I will speak for the United Steelworkers. In their constitution, they have to have a president, vice-president, trustees, and a financial officer. There are policies in there on how many people can sign a cheque. They have to report all finances, and anything that has been spent has to be approved by the membership of that local.

I am hoping that answers the question. It is in the constitution. It is also in the bylaws of the local union. Everything is there for people to understand.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, I would like to know if my colleagues agree that the previous bill, which this bill is trying to repeal, could ensure the security of police officers, because a lot of them are unionized. The ones who work in unions could have their names and addresses published. They really worry about that.

Would the previous bill, which this bill would repeal, secure police officers in their work?

[Scott Duvall, NDP, Hamilton Mountain, ON]

Mr. Speaker, I am not sure what the question was.

Repealing this bill now is a very important step to make sure that all rights are protected and that nobody is treated unfairly.

Prior to 1977, everyone used a card. The majority of members signed up for a card, and that is how it was presented. There was a union if the majority of the members wanted it.

Going to a ballot system was done only after 1977, by a few provinces, and I hate to say it, but they were all Conservatives that actually put this stuff in. They were trying to lower the number of unions that could be formed. There was intimidation by the companies. There were threats of jobs being lost. They were going to close the shops.

That is why it is in front of us today. We are repealing something that was just bad legislation. There was actually great progress made going to the cards.

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, it is my pleasure to address the House in support of Bill C-4, which was tabled last January by my colleague, the Minister of Employment, Workforce Development and Labour.

As members know, improving labour relations is one of our government's priorities. I therefore ask all hon. members to support this bill.

The purpose of Bill C-4 is to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act, and the Income Tax Act by repealing the provisions enacted by Bill C-377 and Bill C-525.

These bills force unions to produce useless financial statements and make it harder for Canadians in federally regulated workplaces to unionize. Basically, Bill C-4 is a matter of justice and fairness for the workers affected.

Members know as well as I do that good labour relations are essential in ensuring Canada's economic growth and prosperity. Labour relation legislation ensures some balance between employer, employees, and unions. Our government understands this.

When the previous government supported Bill C-377 and Bill C-525, we opposed them and tried to make the government understand that these legislative measures were unjust and unfair. However, our efforts were in vain. The previous government refused to listen to reason and chose to move ahead, even if it meant jeopardizing the fragile balance that had been achieved in employer-employee relations. We were not the only ones who raised the red flag on those bills.

Bill C-4 is the right thing to do. The purpose of the bill is to essentially remedy this by restoring justice and fairness to Canadian labour relations. Many stakeholders expressed their concern. Overwhelming evidence has been heard on Bill C-4.

The Public Service Alliance of Canada supported Bill C-4, saying that Bill C-377 and Bill C-525 were flawed, were introduced without proper consultation, and were detrimental to the rights of workers.

Further, Bill C-4 is hailed by the Canadian Labour Congress president Hassan Yussuff and the Provincial Building and Construction Trades Council of Ontario for restoring the labour relations in Canada.

Bill C-377 would force unions and labour trusts to declare their expenses, assets, debts, and the salaries of certain individuals. That information would then be made publicly available on the Canada Revenue Agency's website. They would also have to provide details on time spent on political and lobbying activities, as well as any activities not directly related to labour relations.

Thankfully, the Minister of National Revenue has already taken steps to lift these obligations while Parliament examines Bill C-4.

We have to understand that if this information was made public, these measures would put unions at a huge disadvantage to employers.

Bill C-377 unfortunately upset the balance that had existed. However, provisions were already in place to ensure that unions met their financial responsibilities. Section 110 of the Canada Labour Code and many provincial labour relations laws already require unions and employers to provide financial statements.

Bill C-525 would also create a major advantage for management. The bill amended the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to change the union certification system.

The traditional card verification system was replaced by a mandatory voting system. Unions are no longer certified automatically, even if the majority of workers have signed a membership card. The rule in existence was clear and well understood. Private sector workers with federally regulated employers could obtain union certification by signing a union membership card.

For example, under the Canada Labour Code, if the majority of employees' signatures were recorded on union membership cards, those cards were sent to the Canada Industrial Relations Board to obtain certification. Even if 35% of the workers were in favour of unionization, a formal vote was taken. However, unions now have to obtain support from 40% of workers before mandatory secret ballot votes can be held.

This system had a proven track record, however, the previous government chose to change things for purely ideological reasons. This double standard is grossly unfair because it makes unionization much more difficult.

We recognize the essential role unions play in protecting the rights of workers and helping the middle class grow and prosper. The prosperity of the middle class and of the Canadian economy depend upon harmonious and balanced labour relations. Bill C-4 has been tabled to redress the imbalances in labour relations created by the previous government.

I sincerely hope that other hon. members will see the benefits of Bill C-4, which would re-establish a balance between the rights and responsibilities of the employers and those of employees. We have a duty to intervene, and we are proud to do so today.

[Marjolaine Boutin-Sweet, NDP, Hochelaga, QC]

Mr. Speaker, the Liberal government says it wants to enhance labour rights with Bill C-4. It claims to respect unions and says it is listening to them.

I was speaking earlier about anti-scab legislation. The response to my colleague was that there must be some reason for the lack of provincial legislation on the matter. However, the Quebec Labour Code has included robust anti-scab provisions for 40 years now.

On Wednesday, the House will be voting on a bill introduced by my colleague from Jonquière that deals specifically with anti-scab legislation. It is about improving working conditions for Canadians and about respecting unions.

In the spirit of respect for Canadian workers and unions, on Wednesday, does my colleague opposite plan to vote in favour of the bill introduced by my colleague from Jonquière?

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, we recognize the bigger role being played by the unions in our economy and helping the middle class to prosper. The prosperity of the middle class and the Canadian economy depend upon the harmonious balance of that relationship. However, Bill C-377 and Bill C-525 created imbalances in the relationship between the unions, employers, and employees, which would be corrected by Bill C-4. We suggest that Bill C-4 is the only bill that can remedy the problems created by Bill C-377 and Bill C-525.

[Pierre Poilievre, Conservative, Carleton, ON]

Mr. Speaker, does the Liberal government support the Rand formula?

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, the bills have created imbalances in the labour relationships and have not served any purpose in creating better unionization. There was no possibility of getting unionized properly. At this time, we think Bill C-4 would bring those changes and improve the relationship between unions and employers.

[Rodger Cuzner, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, we saw where the Rand Formula got Tim Hudak last time around.

People who follow the labour movement and issues related to it would know what Andrew Sims, probably the foremost authority on labour relations in our country, has said. The member for Hochelaga talked about the anti-scab legislation. During his last review of the Canada Labour Code, Andrew Sims said that there was an issue that employers and employees could not agree on, which was back-to-work legislation, that the way the current system worked was fine, and that it was not perfect, but it was the best it could be.

There was one thing that came out loud and clear during the hearings on Bills C-377 and C-525. Hassan Yussuff, Jerry Dias, AFL-CIO, and all those who gave presentations from the labour movement and labour relations across the country said that it should be done in a tripartite manner, with employers, employees, and government, not by single one-off private member's legislation. There was a consistency in that testimony.

Does my colleague believe that this is one of the main reasons for repealing these two bad bills? There was no need for these bills. They were a solution in search of a problem. Does he agree that is part of the reason these bills should be repealed?

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, Bill C-4 would repeal Bills C-377 and C-525, which totally restrict unions from working and having relationships with labour unions and employers. Until Bill C-4 is passed, the relationship between the unions and the employers will not be solid and will not benefit workers. They are not going to work properly. The Liberals feel the relationship should be restored. The balance among unions, employers, and employees must be restored, and Bill C-4 would do that.