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 bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

MaryAnn Mihychuk  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 17, 2017 Passed Motion respecting Senate amendments 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
May 17, 2017 Passed Time allocation for 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
Oct. 19, 2016 Passed That the Bill be now read a third time and do pass.
Oct. 18, 2016 Failed 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.”.
March 7, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.
March 7, 2016 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the 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, since the bill violates a fundamental principle of democracy by abolishing the provision that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.”.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:25 a.m.
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NDP

Erin Weir NDP Regina—Lewvan, SK

Mr. Speaker, the member for Dauphin—Swan River—Neepawa suggests that the tax deductibility of union dues is some sort of special privilege. However, we afford exactly the same tax treatment to all employment expenses.

Let us imagine that the deduction of dues had something to do with Bill C-377. I wonder if the hon. member could explain to us why this legislation was only imposed on trade unions and not applied to medical associations, bar associations, and other professional associations whose dues are also tax deductible.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:25 a.m.
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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, I want to thank the member for the question because he has given me the opportunity to point out that union membership is forced. A person has no choice in certain workplaces whether to join the union or not. One has to pay the union dues.

Professional associations are regulatory bodies that deal with the technical capabilities of the individual members involved. They are technical and scientific organizations, where members have to have the skill sets to practice the professions of law, medicine, or so on. Unions are very different. Not only are union dues tax deductible, members are forced to pay those union dues or they will not be able to have that job. This is the difference.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:25 a.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Mr. Speaker, all union-related legislation brought forward by the Conservatives was based on false premises and constituted attacks on the union movement.

What is a union? Unions ensure a better distribution of wealth and better working conditions. Pay equity, something we talked about at length this week, has been achieved in all unionized jobs in Quebec. It still remains to be achieved in all jobs.

Let us look at the Nordic countries. Over 70% of workers there are unionized, and those countries have the lowest poverty rates and the largest middle class.

The middle class is an endangered species in this country. What do the Conservatives have against the middle class?

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:25 a.m.
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Conservative

Robert Sopuck Conservative Dauphin—Swan River—Neepawa, MB

Mr. Speaker, the member makes a fundamental mistake in assuming that this party is anti-union. We are not. I come from a proud union family. My father was a union organizer in the 1930s when people had to be really tough to organize unions. Unions absolutely have their place, to ensure workers' rights in terms of compensation and so on.

In this particular case, we are dealing with the special privileges that are allocated to unions by law. As for the transparency legislation, both bills we had were eminently fair, to ensure the rights of citizens and also to ensure that unions operate as they should.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:25 a.m.
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Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Mr. Speaker, today I will be splitting my time with the hon. member for Vaughan—Woodbridge.

I am honoured to give my maiden speech on Bill C-4, a bill that would re-establish a productive balance between unions and employers. I represent the riding of Hamilton West—Ancaster—Dundas, where many proud union brothers and sisters reside, work, and prosper together. The building trades, teachers, electricians, labourers, police, steelworkers, carpenters, and many others work to build this prosperous and peaceful city through their ingenuity and stubborn belief in hard work that should be rewarded with fair wages, safe working conditions, and equality of opportunity.

These are the values that I grew up with. Unions were a big part of my life and my family's life for the last two generations. I am the daughter of a proud steelworker. My father, Phil Tassi, was a millwright at Dofasco. It was through his hard work and passionate commitment that my family prospered and that I, with my brothers and sister, were able to build lives founded on security and stability. In fact, my sister, my brothers, my mother, and I all worked in the steel industry.

While Dofasco was never unionized, it benefited from what other unions in Hamilton attained. The hard-won achievements of unionized labour set an example for my father's employer to give its workers comparable rights, safety, and wages. This is but one very personal example of how unions directly and indirectly have improved the lives of Hamiltonians.

When conditions are at their best, unions, employers, and government work together to build safe, prosperous, and stable communities. It is this balance that Bill C-4 seeks to re-establish. This bill sets right what was skewed by Bill C-377 and Bill C-525.

Hamilton is a city whose history is closely connected to the labour movement. It was in Hamilton that the movement for the nine-hour workday in Canada was started. It was in Hamilton in 1920 that Katie McVicar and Mary McNab, who were shoe workers and members of the Knights of Labour, fought for the rights of women to join the labour force and to be respected.

It was in Hamilton in 1935 that steelworkers organized a strike. Their employer did not accede to their demands. However, a greater victory was achieved. The union expanded to include all workers, regardless of skill or nationality. That was progress. These are the footings of the middle class in Hamilton: strong, built of cement, steel and hard work, wrought by the hands of people who believed in themselves and in one another.

Unions have been creating conditions where individual workers can be resourceful, innovative, and contribute to an employer's intellectual capital. That is good for workers and for business.

The Prime Minister has made a commitment to restore a fair and balanced approach to labour relations in this country. This will be a welcome relief from the previous government's approach, where labour and employers were pushed apart by legislation aimed at dividing and separating, rather than creating a healthy balance between worker and employer.

One only needs to look to Hamilton to see how a city can be built up through labour success and ravaged when industry declines. Even former Conservative Senator Hugh Segal criticized Bill C-377. He stated:

This will actually worsen labour relations in Canada, slow economic development, and upend the balance between free collective bargaining, capital investment and return, which are vital to a strong and free mixed-market economy. As a Conservative, I oppose the upending of this balance.

There is no need for Bill C-377. We already have legislation in place to ensure that unions are financially accountable to their members. All of this is referred to in the Canada Labour Code. The needless red tape created by Bill C-377 creates an unfair playing field, where unions could be disadvantaged during collective bargaining. We believe in fairness for both parties during collective bargaining and feel that tilting the game in favour of one party is an affront to the ancient principles of fairness upon which Canadian democracy is founded.

The introduction of Bill C-377 in the House of Commons was an affront to Hamilton's working people. It was a bill designed to solve a problem that did not exist. No one I know in Hamilton West—Ancaster—Dundas has ever told me they are clamouring for the far-reaching and personal information this legislation was designed to uncover.

Why was the last government interested in the private, personal information of union members? The Income Tax Act protects taxpayers from revealing their personal financial information. Yet, Bill C-377 reversed those protections and will force the disclosure of people's personal information to the general public. That is one of the reasons we are repealing this unnecessary and mean-spirited bill.

Unions have an important role to play. This repeal would allow the unions to continue to focus on finding their members work in this challenging economy, rather than focusing on mountains of unnecessary filings to the CRA.

Unions are democratic organizations and they are accountable to their members. If members do not like what unions are doing with their money, those members can vote their leaders out.

In fact, Bill C-377 requires that labour organizations disclose information that no other organization is required to disclose. That is not fair treatment.

There has been some discussion in the House about how other countries in the world require disclosure. Let us consider some of the facts.

I believe one example of France was raised. However, in that country, not only do the unions report but the employers report, too. In the United States, legislation similar to Bill C-377 has existed for a number of years, but one could argue that it has done little to further the cause of transparency and accountability.

Having discussed Bill C-377, I will briefly consider the ramifications of Bill C-525.

Both the Federally Regulated Employers—Transportation and Communications and the Canadian Labour Council have argued that Bill C-525 establishes a dangerous precedent for labour relations law reform in Canada.

Traditionally, in Canada, any amendments to labour relations law have been arrived at through tripartite consultation between employer, labour, and government. This tripartite consultation has been considered essential by stakeholders to the maintenance of a labour-employer balance. Bill C-525 was introduced as a private member's bill, and private members' bills are outside the traditional tripartite process.

The tripartite process encourages balance between labour and employers. However, the previous government chose to use a back door to pass its legislation instead. This demonstrates a clear and utter disregard by the previous government for Canada's democratic tradition in labour relations law.

Bill C-525 is also an anti-union bill. More specifically, by requiring a secret ballot vote, Bill C-525 adds an unnecessary layer to the process of union formation. Bill C-525 makes it more difficult for employees to unionize and easier for a bargaining agent to be decertified.

As I have already said, organized labour has provided stability and security to workers. To impede unionization is to hold workers back by making them fearful of being thrown into precarious working conditions. This makes people focus on the short term. It makes them anxious and tentative, rather than open and confident.

Hamilton and Canada were built by proud, confident workers. I came to Ottawa to represent a city that grew out of the fires of industry, through hard work, sacrifice, and care for each other. When Hamilton was most productive, it was because of labour, employers, and government working to create a safe, stable, and prosperous city, where people could innovate and create from a place of relative security. This collaboration depends on a balance between labour and employers, which was upset by the ideology of an anti-union agenda of the previous government.

Bill C-4 would be a positive step toward righting the balance between labour and employers.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:35 a.m.
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Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Mr. Speaker, the member has obviously spent quite a bit of time thinking about this issue. I am hoping that she might be able to help me understand this debate a bit better. I have found much of the debate in the House on this issue to be very confusing, because I keep hearing from the other parties that somehow a secret ballot is an unfair way for workers to decide if they want to join a union or not be part of one.

A secret ballot is typically thought of as the most sacrosanct and fair way for every person to be able to express their will and their conscience freely, without threat of intimidation.

Would someone please explain to me how it is somehow fair to take away the secret ballot as the means of choice for joining a union?

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:40 a.m.
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Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Mr. Speaker, this is about process. The secret ballot is an extra layer in the process that makes it harder for unions to unionize. It creates an extra layer and puts people in situations where they will feel undue pressure and uncomfortable with the choice they want to make about unionization.

The government believes in the opinions of Canadians. The government wants to restore the rights of Canadians. The government wants people to be able to vote with an unfettered discretion, because we believe in the Canadian vote. We want to hear their opinions and to have them set the balance and tone they need in their working environments.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:40 a.m.
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NDP

Tracey Ramsey NDP Essex, ON

Mr. Speaker, I would like to thank my colleague for her excellent speech, standing up in support of those in the labour movement and recognizing the history of labour and its contributions.

Under the guise of transparency, Bill C-377 puts an onerous reporting burden on unions while raising privacy concerns for Canada's Privacy Commissioner, Jennifer Stoddart. The Canadian Bar Association wrote a letter to the Conservatives pointing out how the bill tramples privacy and constitutional rights. Even the Christian Labour Association of Canada, CLAC, has called on the government to withdraw and redraft the bill because it violates privacy laws and the Charter of Rights and Freedoms.

Why does the member think the previous government and the Conservatives in the House today feel they do not need to respect the transparency that already exists for unions, and why they continue to push on this particular bill?

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:40 a.m.
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Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Mr. Speaker, I think it is clear that the previous government implemented the bill because it is anti-union. There is no other organization similar to unions that has this obligation to report. Why was this bill set up in the first place?

It causes financial strain; it causes unnecessary red tape. It puts those who are in bargaining situations at a disadvantage, because now employers have the books and can see what money the unions have.

I agree completely with my colleague that the bill is completely unfair. I am happy that within less than 100 days of our mandate I am standing in the House to support a bill that repeals this bill.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:40 a.m.
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Liberal

William Amos Liberal Pontiac, QC

Mr. Speaker, I want to begin by thanking my hon. colleague from Hamilton West—Ancaster—Dundas for her maiden speech. I used to live in the Hamilton riding, and I am very impressed with what she had to say.

The member joins a long list of wonderful Hamilton women in Parliament, and I congratulate her.

I wonder if the member could comment on the tone that is being set with this legislation. We seem to be hearing some bombastic comments about the labour movement from the official opposition. Could the member please comment.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:40 a.m.
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Liberal

Filomena Tassi Liberal Hamilton West—Ancaster—Dundas, ON

Mr. Speaker, I am very proud of the tone this is setting.

During the election campaign, I had a number of people come to me to express their concerns about this bill. They felt that it was undemocratic, that it stripped people of their rights, and that it set up working conditions that were not ideal.

Now we are working to restore the trust and confidence in people, and to bring all parties together: employers, employees, and government.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:40 a.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, I rise today to talk about a very important bill, a bill I invite all members of the House to support in order to restore a clear and balanced approach to labour relations in Canada.

Before I begin, I wish to acknowledge that both my parents were union members. It is through the labour movement and through their fight for fair wages, fair benefits, and safe working conditions that my family and our family prospered in Canada. We owe it to a strong middle class.

If passed, Bill C-4 would repeal the legislative changes made by Bill C-377 and Bill C-525, both of which have undermined labour unions and labour relations in our country. Let me tell members how.

I will start with Bill C-377.

Bill C-377 amended the Income Tax Act to require all labour organizations and labour trusts across Canada to provide very detailed financial and other information to the Minister of National Revenue. This information would then be made available to the public on the Canada Revenue Agency's website. If labour organizations do not comply with these rules, they would face hefty fines.

At first glance, these new reporting requirements might seem like a good thing; sharing financial information promotes transparency and accountability. I am sure members of the House would agree that is a worthy goal. I do. However, and there is a big however, if we examine the bill further, we will find that in fact it discriminates against labour unions.

First, Bill C-377 discriminates against unions because it places onerous, unfair public reporting obligations on them that do not apply to other organizations, such as professional associations that benefit from similar treatment under the Income Tax Act.

Why is this onerous task imposed on unions alone? Why tip the scales? Perhaps these financial reporting requirements would be justified if similar requirements did not already exist elsewhere, but they do.

Unions already are required to disclose financial information to their members under the Canada Labour Code and many provincial labour relations statutes. This includes British Columbia, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia and the beautiful province of Newfoundland and Labrador.

In addition to Bill C-377 discriminating against unions, it is also unnecessary. It creates an extra administrative burden, just another layer of red tape. The Liberal Party of Canada does not like red tape.

There is another reason that the bill is inherently unfair to labour unions. Simply put, it creates an imbalance between unions and employers during the collective bargaining process. How exactly? By giving employers access to key union information, without employers being required to share similar information. This makes for a very uneven playing field during the collective bargaining process.

For example, employers would know how much money the union had in a strike fund for a possible work stoppage and how long they could stay out if it came to a strike. This clearly undermines the union's most important negotiating lever.

I would like to move on to Bill C-525, which Bill C-4 would also repeal.

Bill C-525 changed the way that unions were certified and decertified under the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act. It replaced what is known as a card-check system with a mandatory vote system.

For decades, and I emphasize decades, prior to Bill C-525 coming into force, if a union demonstrated that a majority of workers had signed union cards, the union could be certified as the bargaining agent for those workers. A vote was only required if less than a majority signed, but there was still enough to indicate a strong interest. Under the Canada Labour Code, it was 35% of workers. Bill C-525 changed that to require that unions show at least 40% membership support before holding a secret ballot vote and to require a vote even where more than 50% of workers had signed a union membership card.

More important, Bill C-525 also makes it easier for unions to be decertified. It lowers the threshold to trigger a decertification vote from majority support to 40%.

Overall, as stakeholders such as the Canadian Union of Public Employees have pointed out, the card-check model is faster, more efficient and more likely to be free of employer interference than the new method.

In short, Bill C-525 makes it harder for employees to unionize and makes it easier for a union to be decertified. It tips the scales in an unbalanced manner.

Bill C-525 made significant changes to a system that worked. There was a democratic and fair system in place for employees for decades to express their support for a union. A card-check system relies on majority support, a key democratic principle.

The bottom line is that Bill C-377 and Bill C-525 upset the delicate balance between the rights of employers and the rights of employees. The bill put before the House, Bill C-4, seeks to repeal the legislative changes made by these two bills. It seeks to restore the rights of labour organizations in our proud country.

Unifor's national president, Jerry Dias, welcomes Bill C-4. He said, “...we have simply been given back rights that were taken from us...”. Why are these rights so important? Because the rights of labour unions and the workers they represent are also the rights of Canadians. Who are those Canadians? They are carpenters, electricians, plumbers, and cleaners, the people we encounter everyday. They are Canadians who are working hard to put money in their banks and to save for their children's future.

As elected officials, we have a responsibility to protect those rights. Labour unions advocate for decent wages and safe working environments. They play an essential role in maintaining positive labour relations between employers and employees. Sound labour relations protect the rights of Canadian workers and help the middle class grow and prosper.

Let us not allow Bills C-377 and C-525 to continue to diminish and weaken Canada's labour movement. I urge the members of the House to repeal Bill C-377 and Bill C-525 and lend their support for Bill C-4, which would restore a fair and balanced approach to labour relations in Canada.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:50 a.m.
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Conservative

Guy Lauzon Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, members will recall that Bill C-377 was around for a long time. It was sponsored by one of our colleagues, Jeff Watson. Jeff worked tirelessly to bring it to fruition and make it law. I once asked Jeff why he was working so hard for this. He used to be a very enthusiastic union member in the auto industry. He said that he was doing it for his colleagues who were on the line, his fellow union members.

I used to be in the PSAC union. I understand guys on the line, the people doing the actual work. They wanted Bill C-377. As I said, Bill C-377 was around for a long while. In my own personal personal experience, I had two people come to see me about Bill C-377 and tell me we should not endorse it. I also had 33 people come to me and say that we needed Bill C-377. They said that they needed it for their organizers.

How could that member and that party go against the rank and file of our great labour movement?

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:50 a.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, I find it a bit ironic that in yesterday's opposition day we had the members of the Conservative Party speak to the strength of our middle class in Canada. I think one of the strengths that underpins our middle class is our labour movement.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:50 a.m.
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Conservative

Guy Lauzon Conservative Stormont—Dundas—South Glengarry, ON

So are you against it?