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

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, it saddens me that this is likely the last time I am going to get to rise in the House and debate this piece of legislation, unless we have some type of miracle in the Senate that protects the rights of workers.

I want to thank my colleague for his speech, but I find the comments that he made to be paramount in their hypocrisy when it comes to what he is actually saying. It does not make any sense to me. He said as the former labour minister for Ontario that Ontario had it right. Guess what workers in Ontario get to do when they are asked if they want to be part of a union or not? They get the right to a secret ballot.

The member talked about the rights of workers. These are workers' rights and human rights, so what about the right to vote? What about the right to know where a person's legislatively mandated union dues go? Those union dues are tax deductible at the expense of about half a billion dollars for the taxpayers of Canada. What about the rights of all those people to know how that money is actually spent?

We know. We do not have to rely on the misinformation campaign by the member opposite. We can simply look at the polling information that has been done time and time again, which has resulted in the very same regressive laws that the Liberal Party, with the support of the NDP, is going back to. These laws have been changed in virtually every other democracy in the world that we would consider to be our peers, and in the provinces of our very own country. The United States, for example, has mandatory secret ballot voting for workers to decide whether or not they want to be in a union. Various countries in Europe have the same thing. Various provinces in Canada have the exact same thing.

I do not know any members of Parliament who have stood in the House and said that a constituent asked them when once elected by a secret ballot to trundle off to Ottawa, rise in their places and make some speech about things that are flowery but do not make any sense whatsoever. I do not know of any members whose constituents have asked for their ability to see where their tax dollars or union dues are spent to be taken away. I do not know of any members who have said that their constituents have asked them to take away their ability to have a secret ballot vote because they do not want to make that decision on their own behalf. It is tomfoolery. That is absolutely ludicrous.

The Liberals talk a great game about union bosses and they talk a great game about employers, but they never talk about what an actual worker wants. Unionized workers are the people who actually pay the dues. They are not the people who live off the dues. They are not the people necessarily who subsidize the union dues. Unionized workers are the people who go to work and show up with their lunch pails in their hands every day. They are the people who pay these union dues.

Leger as recently as 2013 asked for people's opinion on the secret ballot when a union is formed or removed from a workplace. Across the country, 69% of Canadians completely agreed and 17% somewhat agreed. We are talking numbers north of 75% to 80% in the various regions of this country of unionized workers who absolutely want the right to have a mandatory secret ballot vote to verify whether or not they want to be members of a union. What is so wrong with supporting that notion? It is absolutely mind-boggling to me. This would be tantamount to members of Parliament knocking on doors in their constituencies during a by-election or a general election campaign with ballots in hand. They bring along two of the biggest people they know who stand right behind them and they tell the person who answers the door that it might be in his or her best interests to vote for them right there, right now. That is called card checking and that is sometimes how it is played out. I have heard that from my constituents.

The Liberals and the NDP like to claim that it was the previous Conservative government's notion to put this bill forward. I did it. I put Bill C-525 forward and I did it because I heard from workers in my riding that they were not getting the accountability that they wanted.

I do not think as a member of Parliament that I should be reaching into the internal operations of a union, but I do believe as a member of Parliament that I have a responsibility to give every accountability measure I can to workers so they can understand where their money is being spent, so they have the ability to see where it is being spent, and so they have the ability to hold that union to account if it is not doing a good job spending their union dues.

Absolutely, this is the right way to solve this problem. Give people the tools to look after themselves, and they will do it. I could go on about this poll.

Opinions on the disclosure of financial information is the other aspect of the bill. It is clear that the Liberals are simply promising things to their friends. Nobody in their right mind would actually take away financial transparency provisions in any piece of legislation. We move forward on transparency when it comes to letting taxpayers know where their dollars are being spent and letting people know what investments are being made on their behalf, but no, that is not what is happening here through Bill C-4, by the Liberal government, with the support of the New Democrats, the Green Party, and the Bloc Québécois. Only Conservatives actually want to let people know where their money is being spent.

It does not just stop at unions. They are doing the same thing by not enforcing the first nations financial transparency accountability legislation. The Liberals have aligned themselves with the elite at the top, the union bosses, the reserve chiefs, the band chiefs and council members. They are not actually looking after the so-called middle-class, everyday, ordinary person either living on reserve or carrying their lunch pail every day to their job.

This is a matter of saying one thing, and doing absolutely the opposite. Members do not have to trust me, but if they do not take my word for it, let us take a look at the opinion on disclosure of financial information. Respondents were asked for their opinion on the disclosure of financial information without giving them a preamble, and the majority of employed Canadians completely or somewhat agreed that it should be mandatory for unions to publicly disclose detailed financial information on a regular basis.

How many completely agreed? Not one region of this country actually had anything less than 60% who completely agreed, and nothing less than 16% for somewhat agreed for totals of north of 80%, again, on almost all of these indicators, 80%, when asked in a poll.

These are numbers that most people could only dream of getting in an election. I know, because I got it once. Having this kind of a mandate to be able to go forward and do something is wonderful. This is what Canadians want. This is what they expect. This is what they deserve. This is, however, what is being taken away from them.

If we take a look at the opinion on union due uses, most union workers might not actually know where their union dues are being spent. More than eight out of 10 employed Canadians completely or somewhat disagreed with using union dues to fund attack ads against a political party or making contributions to political parties, or making contributions to advocacy groups unrelated to their workplace needs.

The fact that that question needs to be asked at all in a poll is indicative of the problem, a problem that can be resolved by, one, shedding light on where the money is being spent, and two, giving people the right to vote on what their best interest is based on the performance of the union that is representing them or wanting to represent them.

I simply cannot fathom why anybody would want to take away somebody's right to a secret ballot vote, and take away somebody's right to see where their money is being spent on their behalf.

I have to appeal to the better angels in this place, the ones who know and understand what fairness is all about, the ones who stand up and speak for transparency, who speak in favour of accountability. These people need to stick to their convictions and vote against this regressive piece of legislation, taking us back to a time where nobody knows where the money is being spent, and taxpayers cannot be assured where their taxpayer-funded union due deductions are being spent, and where workers actually have the ability, each and every time, to decide if they want to be in the union, to recertify to be in the union, or to decertify.

The process under Bill C-525 made decertification and certification exactly the same, and yet the Liberals and the NDP and the other parties in this House say that it is now unbalanced, when it is exactly the same. It is in balance. We do not drive around with 15 pounds of pressure in the front left tire and 60 pounds of pressure in the front right tire. That is not how it works.

In conclusion, I can only say how proud I was as a member of Parliament to have a mandate from a secret ballot vote to come to this place to present a private member's bill that changed the legislation for the betterment of workers in this country, and I will stand by them all the way, regardless of what the government tries to do.

[Peter Fonseca, Liberal, Mississauga East—Cooksville, ON]

Mr. Speaker, today I am privileged to reinforce the efforts of this government to ensure that Canada's labour laws best serve both employers and employees and fulfill their roles in growing Canada's economy. A fine balance is required in labour relations in the tripartite relationship between unions, employers, and government in establishing fair labour laws.

I will first address the important function played by unions in protecting the rights of Canadian workers and in helping the middle class grow and prosper.

Historically in Canada, unions have played a vital role, both in determining the way people are paid and in preserving people's rights in the workplace. A few of the many benefits that have been secured include the right to fair, safe working conditions; compensation for injury; and equitable labour relations. These three notable fruits of the work of Canadian unions benefit all Canadian employees.

The right to be treated fairly and without discrimination, according to the Canadian Labour Congress, is the most valued right that unions have pursued for workers. Minimum wages, employment insurance, and maternity leave are also workplace benefits that were pioneered by unions and that many of us share. Unions are and have been instrumental in developing the evolution of positive employment practices in Canada.

This government is working to ensure that labour law is balanced, equitable, and fair. Accordingly, Bill C-4 has been set forth by the government to restore fairness and balance to Canada's labour system. It is essential to this restoration of the balance of rights that Bill C-377 and Bill C-525, both of which were supported by our predecessors, be repealed now. Bill C-4 would fulfill that function. It would rescind the provisions of two bills: one bill that causes undue interference and upsets balance and stability in labour relations, Bill C-525; and one that attempts to amend the Income Tax Act for no foreseeable benefit, and that turns out to be counterproductive to a positive working relationship between employers and employees.

Bill C-4 would restore a long-time system that worked well for decades. According to Bob Blakely of Canada's Building Trades Unions, it would restore fairness and respect for the confidentiality of union financial information by allowing unions to be treated like every other tax entity in Canada. The Government of Canada prizes the role that unions play in protecting the rights of Canadian workers and, in so doing, helping the middle class grow and prosper. Unions are a positive force in our economy. This government has also not forgotten that labour rights are human rights. Bill C-4 would restore and maintain those rights.

The repeal of these two bills is essential. The adoption of Bill C-4 would result in positive and productive outcomes, but in order to show these benefits clearly, it is necessary to outline the conditions of the bills and their counterproductive unfair defaults.

In Bill C-377, the intent was to require unions to show financial statements for expenses over $5,000 and salaries of more than $100,000. Unions were also supposed to provide statements related to expenditures on political and lobbying activities. All of the information was to be posted on a Canada Revenue Agency website. Keep in mind that legislation exists already to ensure that unions make financial information available to their members. Such legislation is evident in section 110 of the Canada Labour Code, with similar provisions in many provincial labour laws. In fact, some provinces feel encroached upon by this overriding of their responsibility. Redundancy is counterproductive. Labour unions are already transparent.

An amendment to the Income Tax Act forms the basis of Bill C-377. This amendment requires a plethora of yearly financial statements in prescribed formats and with prescribed information. So detailed are the requirements that at least 24 different highly specific statements must be included. This is an onerous annual task that, as set out in this bill, is a significant cost in dollars and time for unions, as well as for the Canada Revenue Agency. It has been suggested that tens of millions of dollars will be expended by the government to set up this system and by unions to be in compliance with this redundant process. The compliance and preparation costs remove funding from unions that is supposed to be used by them in their work with members, and the set-up and administration of the system removes funds from government for spending elsewhere.

These are all needless uses of union member dues and taxpayer dollars. Onerous, unnecessary tasks like this in Bill C-377 simply set up excessive and expensive red tape.

Intrusion and lack of privacy are results of both bills, Bill C-525 and C-377. Bill C-4 would omit such problems by reverting to former processes.

Bill C-377 requires labour organizations and associated organizations to report the details of every cumulative transaction over $5,000 and, as a result, invade the privacy of millions of union members, in addition to the privacy of any businesses that provide service to labour organization.

Not only are millions of workers subject to these statements, but also section 4 of Bill C-377 states that the information “shall be made available to the public by the Minister, including publication on the departmental Internet site in a searchable format.” Thus, all Canadians can have access to this highly specific and often quite personal material. Consider how this material could even interfere with effective collective bargaining when management is availed of the information in these statements. In fact, the Canadian Bar Association has suggested that privacy concerns may make Bill C-377 subject to legal challenges.

Bill C-525 attempts to supersede the simple, efficient, and time-honoured card check certification model for union certification by adding a separate mandatory vote system. Intrusion into union formation stands as the basis of Bill C-525.

The adoption of Bill C-4 would return a workable labour-management relationship, with the union conducting its own affairs in its own way. It would remove precedent-setting interference in labour organizations by management. Indeed, the provisions in Bill C-525 make it harder for unions to be certified, yet easier to be decertified. This disturbs the balance and stability in labour relations.

It is important for workers to make free and informed decisions without intrusion, as was provided through the previous federal labour relations system, a system that was respected by both labour and employees. Such intrusion in Bill C-377 and Bill C-525 should be obviated by our adoption of Bill C-4.

Discrimination against our unions is widely evident, including in Bill C-377. Other organizations, such as professional associations, receive favourable treatment under tax laws and are not subject to the intrusive, invasive, and expensive reporting mandated by Bill C-377. These other associations, sometimes federations, are freely formed in their own way, with no interference from management. Unlike the interference suggested in Bill C-525, the focus on unions in both bills is suspiciously inequitable.

Bill C-4 would restore impartiality and fair and equal treatment after the union movement in Canada was dealt a harsh, unreasonable set of blows by Bill C-377 and Bill C-525. In fact, they could just be the initial victims in these two possibly precedent-setting bills.

The Government of Canada values the role of unions in strengthening our economy and protecting the rights of Canadian workers. In this capacity, they help and encourage the middle class to flourish.

The government respects the right of unions to be treated fairly and without discrimination. To restore a balanced, equitable approach to labour relations, it is essential to support Bill C-4. Canada's labour laws must be fair. At least 18,000 labour organizations, along with millions of union members and, indeed, all employees in Canada will be thankful for the restoration of workers' rights if assent is given to BillC-4.

The House resumed from October 18 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.

Labour

[MaryAnn Mihychuk, Liberal, Minister of Employment]

Mr. Speaker, this gives me an opportunity to point out that we expect that Bill C-4, which reinstates fairness and balance for labour across the country, will be passed in this House today on the one-year anniversary of a progressive new government for Canada.

Canada Labour Code

[The Speaker, Geoff Regan]

It being 3:07 p.m., pursuant to order made on Friday, October 7, 2016, the House will now proceed to the taking of the deferred recorded division on the amendment of the member for Lévis—Lotbinière to the motion for third reading of Bill C-4.

Call in the members.

[And the bells having rung:]

The question is on the amendment.

The House resumed from October 7 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.

The House resumed 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.

[Andrew Leslie, Liberal, Orléans, ON]

Mr. Speaker, I think if you seek it, you would find unanimous consent for the following: That, notwithstanding any Standing Order or usual practice of the House, the recorded division on the amendment to the motion for third reading 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 be further deferred until the expiry of the time provided for Oral Questions on Tuesday, October 18, 2016.

The House resumed from September 26 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.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, I want to start off just by saying quickly that I know on these complex consular issues emotions can run high. I also know that by working together we can make progress on consular cases, and that I will continue to advocate for decorum and respect in the House. That is part of the conversation we have been having today.

Today we will continue the debate on the Standing Orders. Tomorrow, we will discuss Bill C-4, on unions, and Bill C-24, An Act to amend the Salaries Act.

Next week, we will all be working hard in our constituencies, and I wish everyone well and I wish them a happy Thanksgiving. Upon our return, we will have two opposition days, the first on Monday, October 17, and then on Thursday, October 20.

On Tuesday, we will commence second reading debate of Bill C-16, the gender identity legislation, and also report stage and third reading of Bill C-13, concerning the World Trade Organization, provided the bill is reported back to the House tomorrow.

Last, on Wednesday, we shall call Bills C-4 and C-24 with the hope we can dispose of the union bill that day and have it sent to the Senate.

CANADA LABOUR CODE

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

Mr. Speaker, on the member's last point, Canadians do not have to be fearful in the sense that we have a very aggressive, progressive Prime Minister and Liberal caucus that want to make things better in many different ways. Bill C-4 would be one of the ways in which we would restore confidence within our labour movement on all sides. It is only the Conservative Party that wants to do otherwise.

As I asked the previous speaker, why does the member believe that only the Conservative Party seems to be right on this issue when we have opposition not only inside this chamber, but opposition from a vast majority of the different stakeholders out there to what it is doing?

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, it is a privilege for me to rise again and speak wholeheartedly against this new Liberal government's Bill C-4, a bill that by its number tells us exactly what the priorities of the current Liberal government are. The ink was not even dry on the minister's signing papers before this piece of legislation was before Parliament. There was clearly no opportunity, as the Liberals across the way say, to consult with industry, with unions, with governments, or with frankly anybody. This was simply an opportunity to pay back those who were loyal to the Liberal Party during the last election. I will get to that during the course of my notes as I go through.

I want to talk a bit about the process. Much has been said here. Members will notice that the arguments coming from the New Democrats and the Liberals have nothing to do with the actual veracity or contents of Bills C-377 or C-525. There is nothing from the other side about the principles that underlie those legislative changes. Everything is masked as being that it was the approach.

I have been here for a long time, and I have no qualms about letting every member of Parliament in the House table the piece of legislation that he or she deems fit. It is what we are elected to do. We are legislators, first and foremost, and if our ability to bring forward legislation for debate, legislation for amendments, new legislation, or repealing legislation is ever hindered, then we have lost our way as members of Parliament.

I am very saddened to hear members, particularly from the governing party, talk so negatively toward the private members' legislation process. That process is exactly the same as a piece of government legislation through all the steps, save but the amount of time allocated for debate in the House. Everything else is exactly the same. It has to pass at least three votes here in the House of Commons: once at second reading, once at report stage from committee, and once at third reading. It has to go through the full scrutiny at a committee meeting, including clause by clause, line by line on any amendments or changes made to that legislation. As well, it has to go through the exact same process in the Senate, the place down the hall, the other place. To say that Bills C-525 and C-377 are illegitimate actually is an insult to this institution.

Now I would like to talk a bit about public support. My friend from Sherwood Park—Fort Saskatchewan was very eloquent today. Folks watching back home would be surprised to know this, and this is where the misinformation campaign comes from. I have all kinds of people trolling me on Twitter and on Facebook, making all kinds of accusations about what the bill that I put forward in the last Parliament actually did. When I educate them on what the bill does, they find that they have been misled by their union leaders or others who were giving them a misinformation campaign, paid for probably by their own union dues, about what was actually at stake.

We have heard long testimony here and before committee about what the bill was about. It was about democracy. It was about the right to vote. When we asked people through NRG Research Group on behalf of the Canadian Federation of Independent Business, 71% of respondents actually agreed. If we look at the Leger poll from 2013, we see that 77% of people polled in a unionized workplace completely agreed with the notion of a mandatory secret ballot. This is not something new. We have been voting in this country since Confederation. This is not a new concept. As a matter of fact, the old legislation before Bill C-525 was passed allowed for the labour relations board, whoever it happened to be, to optionally pursue a vote if the members wanted to. What is wrong with having a mandatory vote? Let us find out what the true sense of the bargaining unit actually is. No one has been able to explain this to me, and I have asked the question.

The argument on the other side is that when people are given a choice to vote, there will be fewer unions. Does that not mean that the process we are currently using does not reflect the actual will of the members of the bargaining unit? Nothing else could possibly explain that departure. How does that happen? Does it happen through intimidation by those conducting the union drive? Does it happen through intimidation by the employer? Would it not be nice, in privacy and confidentiality, to determine one's own fate at one's own workplace on one's own? That is what Bill C-525 does.

Let me go back to other polling information. I can go back to 2012. Leger marketing said that 83% of Albertans agreed that a secret ballot vote was necessary when certifying or decertifying a union. In 2009, Leger found that 71% of Quebeckers supported the provincial government amending its laws to make secret ballot voting mandatory when forming a union. That was in Quebec. Is that not where the Prime Minister is from? In 2008, Sigma Analytics found that 75% of those polled in Saskatchewan supported secret ballot voting. I could go on and on.

Every member of Parliament in the House who votes in favour of Bill C-4 is on the wrong side of the issue. The issue is not whether unions are good or bad. The issue is whether one wants accountability in our country and here in this place. It is the secret ballot vote that keeps me and every other member of Parliament in the House honest and accountable. It is through the debate and discourse we have here in front of all Canadians, with their tax dollars being spent in full and open transparency, that allows them to determine their fate and who should be governing on their behalf.

This is absolutely no different. People should, in this day and age, have the right to determine for themselves, through a secret ballot, whether they want to be members of a bargaining unit. What my bill did was actually create a level playing field. The same bar, 40% of people signing cards, creates a mandatory election. It is a simple majority of votes cast in that particular case.

That means that to create a union in Canada right now, with 100 people in a bargaining unit, only 40 need to sign cards. Hypothetically, of those same 40 who come out for a secret ballot vote, only 21 are required. That means that 21 people, under the current legislation, could actually create a union. This is too onerous? This is too onerous a process for the members of the NDP and the Liberal Party to have a little democracy and let people have a say? That is hogwash. I do not believe that for one second.

I want to go back to what I talked about earlier. It is all about accountability. We see it time and time again here in the House. If we look at where this legislation is coming from, it was not six days after the last general election was over that the Prime Minister sat down in a private closed-door meeting with the biggest union bosses in this country, the Canadian Labour Congress. Lo and behold, just after the ink was dry on the swearing in of the cabinet minister, there was a bill before the House of Commons that would do exactly what the union leaders wanted, union leaders who, by the way, when they testified at committee stage on Bill C-525, actually all said that they would support the notion of a secret ballot vote.

There is a disconnect all right. I will agree with the parliamentary secretary. He is very much disconnected from the reality on the ground.

If people were actually paying attention to what the government is proposing through Bill C-4, they would see what rights would be taken away and what transparency they were not going to have any more on the dues they are paying. As union-dues-paying members, they would be very frustrated.

They have been sold a bill of goods that simply does not add up. Whether it is first nations' financial transparency, which we know is not being enforced by the current administration, whether it Treasury Board rules pertaining to office moves, which is a decision at the discretion of the minister or the Prime Minister, or whether we see it here, Liberal friends are going to do very well over the next three years.

However, ordinary hard-working Canadian taxpayers cannot depend on a Liberal government for transparency and accountability. They are going to have to rely on Conservative MPs for that.

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

Mr. Speaker, one cannot help but note that all political parties, with the exception of the Conservative Party, support Bill C-4. Bill C-4 rectifies a wrong brought by the Harper Conservative government with respect to its attack on labour.

When those private members' bills were introduced, not only did the other parties still oppose them, there was overwhelming negative opposition from many of the different stakeholders in every region of the country. It appears that it is only the mindset of the Conservative Party to not allow Bill C-4 to pass but to use our labour laws to cause division.

Does the member not recognize that if government is to be involved, as it should be at times, that the involvement should be one of promoting and encouraging harmony between labour and management, recognizing the valuable contributions that both make to this debate, especially with respect to the unions given the previous administration of the Harper Conservative government? It seems to me that the Conservatives have lost touch with what Canadians think on important issues such as this. I would ask him to explain to me and Canadians why the Conservative Party continues to be out of touch with Canadians.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, I rise in strong opposition to Bill C-4, which seeks to repeal both Bill C-525 and Bill C-377.

By way of a brief background, Bill C-525 imposes a requirement for a secret ballot for union certification and decertification, whereas Bill C-377 imposes minimal public financial disclosure requirements on unions.

I stand in opposition to Bill C-4, because fundamentally I believe the bill is regressive legislation. It would be bad for workers, for union members, for taxpayers, for openness, for transparency, and for democracy. Indeed, the only group of persons who would benefit from Bill C-4 are a select group of union bosses.

There has been a lot of heated rhetoric from some union leaders, the Liberals, and the NDP over the years about Bill C-377 and Bill C-525. Therefore, I would submit that it is good to take a step back in this debate on Bill C-4 and look at exactly what Bill C-525 and Bill C-377 actually do.

Bill C-525 simply requires a secret ballot for union certification or decertification, nothing more and nothing less. It replaces the old card check system; a system that was rife for abuse and intimidation. Under the former card check system, union certification could take place no matter that a worker may have been intimidated by a co-worker or union leader to sign up for a union card. Under card check, certification could take place even if, for example, the majority of workers were unaware of certification efforts until certification was a fait accompli.

Bill C-525 simply ensures that on the question of deciding whether to be represented by a union, that the process is an open and democratic one made by secret ballot with the majority of support of workers. What could be wrong with that? After all, the secret ballot is fundamental to our democratic system of governance in Canada and around the world.

Unions use secret ballots to decide all manner of things. Unions use secret ballots in internal union elections. Collective agreements are ratified by secret ballots. Strike action is decided by secret ballot. Yet, on something as fundamental as to whether to be represented by a union, with the consequence, by the way, for a worker, in the case of certification, which one either pays mandatory union dues or one is fired, there was no choice, no secret ballot, and that was what Bill C-525 corrected.

In the context of Canada, Bill C-525 was hardly radical legislation. Indeed, some six provinces have passed similar legislation requiring a secret ballot for certification or decertification of a union. Many of those provinces have had laws on the books for some time. I think Nova Scotia, for example, has had a requirement for a secret ballot since 1977. Therefore, in that context, Bill C-525 is simply extending rights to federally regulated workers that are enjoyed by workers in a majority of provinces across Canada.

What about Bill C-377? What does it do?

All Bill C-377 does is require unions to report expenditures of $5,000 or more, or salaries of $100,000 or more.

Each year in Canada, unions collect about $4.5 billion in union dues. That is $4.5 billion with a “b”. Those union dues are tax deductible and consequently unions receive a tax benefit. The tax benefit that unions receive equals about $400 million a year. Of the billions of dollars that unions collect, unions funnel those billions of dollars collectively into various different causes and efforts.

Having regard for that fact, it seems to me to be more than reasonable to impose some basic minimal financial disclosure requirements on unions so that union members, who after all are mandated to pay union dues, and the broader public, who after all subsidize unions to the tune of $400 million, know where those dollars are spent and how they are allocated.

It is certainly nothing revolutionary when we talk about financial disclosure. As it has been pointed out in this debate today, charities, publicly traded companies, crown corporations, all levels of government have public disclosure and public reporting requirements. Why should unions be treated any differently? All Bill C-377 does is put unions on a level playing field.

For a government that talked so much about openness and transparency during the election and after, it really is ironic that it would choose to introduce Bill C-4 as one of its first pieces of legislation, a bill that takes away the right of a secret ballot from workers to decide whether to certify or decertify, a bill that takes away the right of workers to decide, without intimidation and without coercion, whether they want to be represented by a union, and a bill that takes away basic transparency measures on the billions of dollars in union dues that unions collect that are taxpayer subsidized and mandated from their members.

In short, Bill C-4 is antithetical to basic principles of openness, transparency, and democracy, and therefore needs to be defeated out of hand.

[David Christopherson, NDP, Hamilton Centre, ON]

Mr. Speaker, I will try not to take it personally that you cut the time just as I took the floor. I know that these things are done by time, and I will respect that, especially given the fact that you control the microphone.

Here we are today discussing Bill C-4. The first thing I want to do is compliment the government on responding to an important promise it made. I see my good friend ready to fall over, but I hope he hangs on, because I am not done. I would ask him to hold on and stay nearby.

I want to straight up compliment the government on bringing in Bill C-4 and unravelling much of the damage that was done by Bill C-377 and Bill C-525. This was one of the priorities of the labour movement going into the election. Our party would have done the same, but it stands alone as a compliment to the government for doing this. It is the right thing to do. The Liberals are keeping their promise, and I will give credit where credit is due.

However, it does not end today in terms of standing up for labour. The government will get a great opportunity on Wednesday to stand up for labour by voting for Bill C-234, put forward by my colleague from Jonquière, our deputy labour critic. It is anti-scab legislation.

So far it has been kind of motherhood stuff, easy to do. Bill C-4, for those of us who are progressive in any way, is not exactly a big leap, but if the government really wants to show that it is listening to the labour movement and wants to make sure that the labour movement has the ability to do the things the government gives it so many compliments for, it will be fascinating to once again watch the Liberals do their dance around things like anti-scab legislation.

I raise this in the context of Bill C-4, because in our opinion, the government cannot say that it is the best friend labour ever had by virtue of one bill, when there are other things. One of those other things, to the best of my knowledge, happens on Wednesday, with the vote on the anti-scab legislation. Liberals have 48 hours to sit back and think about whether they want to get re-elected, whether they really meant what they said to labour, whether passing Bill C-4 is going to cut it, or whether people in the labour movement are going to say that it is a fine start, but it is just a start.

The anti-scab legislation that comes up Wednesday will be a really historic day for labour. The Liberals talk a good game, but as soon as that legislation is in front of them, they run and hide and vote against it. I have seen it in minority governments, when we could have passed that legislation, but the Liberals let us down. This time they could do it on their own. They will start out with 44 votes in the NDP caucus, because we have always stood for anti-scab legislation. If the government really wants to balance the tables, that is the way to do it. That will be interesting to see.

In the context of Bill C-4 going forward, it will be interesting to see what the government will do about the other labour issues that are still in front of it and that are facing workers today. For instance, precarious work is one of the biggest issues. How many of us have children and grandchildren who do not have full-time work and do not expect to have full-time work, let alone lifetime work? They are living contract to contract. They do not have big unions to help them organize and bargain collective agreements. They are out there on their own. They need the government to step in and provide them with some rights. What is the government going to do about precarious work? What is the government going to do about pay equity? What is the government going to do about part-time and precarious work.

Those are just a few of the issues, but there are many more coming forward. As much as it hurts my heart a bit, I would be more than glad to stand here and compliment the government again if it delivers on those things. We shall see what we shall see.

Speaking to Bill C-4, I have been listening in particular to the Conservatives, although I do not know why, because it always gives me a migraine when it comes to these kinds of issues.

They go on and on about the middle class. Who do they think really created the middle class, not just in Canada but in any other modern, mature democracy? In large part, that was the labour movement. Remember, child labour did not just come out of nowhere. There were people in the day who believed that was okay. We would not now. I like to think down the road anti-scab legislation will be seen as motherhood as the right to collective bargain. However, we still have that struggle in front of us right now.

I am reminded of something when I listen to the Conservatives talk about the damage they say is being done by repealing their two bills under Bill C-4. Let us remember. If we want to talk basics, let us go back to the 1940s, particularly in Ontario, which I know best, but it is a similar story across our country. That is when we had some of the major strikes that created and defined the labour movement. If we want to talk about guts, those people who went out on strike for their collective rights in those days put their jobs on the line. If we go back far enough, even meeting together could have gotten their heads busted open and/or they could have been thrown in jail.

Let me jump to a couple of things. The Rand formula in Ontario was a compromise between the need for a viable labour movement and a union that had the funds and structure to actually support and enforce the rights of members and to go into collective bargaining, and all that other stuff. They needed to do all of that, and in order for them to maintain that, while respecting the right of individuals to not necessarily agree with the philosophical direction of their union, the Rand formula said that workers did not have to join the union as a member, but they had to pay the dues. That was because they were getting the benefit of the negotiations that happened in their favour. Whether they supported the union or not, their wages went up, their health and safety was better protected, their vacation rights were extended, and they got those rights. However, they did not have to actually join the union, and the union had an obligation to serve all its members equally whether they joined or not.

That kind of foundation started to be blown apart with the two bills from the Conservatives, Bill C-377 and Bill C-525. That is why Bill C-4 is so important. It brings us back into the realm of reality in terms of what the history of the labour movement is, and I cannot believe I am going to use this term, and the social contract that was agreed between all of society in terms of how we would manage this new entity that exists to give rights to ordinary people when they did not have them before. They get their rights by working and bargaining collectively, and ultimately, if they have to, withdrawing that labour. It is a free country. It is that basic.

I just want to end with a reminder. When I was first active in the labour movement in the 1970s, I was a young guy of 24, elected to be president of my union of 2,200 members. I can remember at that time, in the seventies, people were saying there was no need for the labour movement, that it was okay in its day but it was not needed now. I have been hearing that for decades. Just ask the employees at U.S. Steel, or any of the other companies where benefits are being lost and retirement rights that were fought for and earned for a lifetime are being taken away. Ask them whether they think the labour movement should still be there.

The government is making some changes to CPP. Make no mistake, if the Canadian labour movement was not front and centre on that fight, and every other fight that matters to Canadians, these things would not happen. That is why it is important that Bill C-4 carry, but that it only be the first step. There is much more to be done.