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 / 10:50 a.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, I am not against it, sir. The labour movement in Canada is very strong. We are supporting it. We want to bring balance back to the collective bargaining process.

Canada Labour CodeGovernment Orders

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

The Speaker Liberal Geoff Regan

I remind my colleagues to address the Chair at all times.

Questions and comments, the hon. member for Essex.

Canada Labour CodeGovernment Orders

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

Tracey Ramsey NDP Essex, ON

Mr. Speaker, I would like to address something that was just brought forward. First, they are not just guys that work on the line. Unionized workers across Canada are health care workers and public sector workers, men and women supporting their families with well-paying jobs.

I come from a unionized workplace. Having been there for 20 years, I know the workplace about which the previous member spoke. He would be hard pressed to find one person in that workplace say that he or she supports that regressive legislation.

As a union member, transparency is important to me and it is available to me at all points in time. The way union members direct their funds is actually by the direction of the members. Although we contribute dues, we determine the direction of those dues at every level.

After his excellent speech, why does my colleague feel that this is so important to the labour movement and to the rank and file, the working people of Canada?

Canada Labour CodeGovernment Orders

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

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, we need a fair and balanced approach restored in the collective bargaining process in Canada. Workers' rights and views need to be represented at the bargaining table in a fair and balanced manner. That is what the bill aims to achieve.

In a democracy, unions and the formation of unions is a fundamental right and we fully support that within the bill.

Bill C-377 was punitive to unions. It ignored the employer bargaining units. It did not look at them at all. It was a poke at unions to be frank. The right thing to do is to repeal it, and that is what we will do.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:55 a.m.
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Conservative

Bob Zimmer Conservative Prince George—Peace River—Northern Rockies, BC

Mr. Speaker, I was a former union member. We were not always given the statistics as to where our dues went or where the money went that was collected from my paycheque.

The government claims to want accountability. Why then would it want to remove an accountability bill? Would the member please explain to the House and all Canadians why he is against accountability?

Canada Labour CodeGovernment Orders

February 5th, 2016 / 10:55 a.m.
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Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Mr. Speaker, union financial disclosure is already addressed in the Canada Labour Code and in many provincial statutes. Bill C-377 was an onerous bill that provided extra red tape to unions and did nothing to further the employee and employer bargaining process.

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 second time and referred to a committee, and of the amendment.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:05 p.m.
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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I am pleased to rise today to speak to Bill C-4. Every time I speak in this place, as each of us does, I remind myself that I do so as the representative of the constituents of Mégantic—L'Érable.

As a newly elected member, I could easily get swept away by our magnificent nation's capital and its surroundings. It was with my constituents in mind that I prepared this speech.

If my colleagues do not mind, I would like to take this opportunity to point out that yesterday, the Eastern Townships public health department released its report on the health of the people of Lac-Mégantic, following the tragedy in that town. This report revealed that residents are still struggling and still need the support of members of the House. I think that all parliamentarians here would publicly agree to support the people of Lac-Mégantic, who have suffered as a result of this tragedy. I urge the government to work with all parliamentarians to help everyone get through this tragedy, which was, of course, a very difficult experience for the people of Lac-Mégantic. We will have to use the necessary resources, and we will all work together, across party lines, in a non-partisan and non-political manner, to ensure that the people of Lac-Mégantic get the services they need.

I want to start by saying that my speech on Bill C-4 is in no way an attack on unions or union leaders, and is certainly not an attack on the unionized workers who work hard to earn a living and support their families.

What I would like to talk about today is in fact the thousands of workers who have no corporate or partisan interests. They are happy in their jobs. They like being properly represented by their unions, and when they go home at night, they are just as happy to be with their families and forget about work until the next morning. That is the daily life of most workers, those whose voices we do not hear, those whom we tend to take for granted.

Here in the House and at the various levels of government, whether local, provincial, or federal, many people claim that they speak for those silent workers. Lobby groups and unions all claim that they speak on behalf of all of their members and in their place. It is easy to do so, because those individuals do not hear us. They do not attend meetings with the decision-makers and, at the risk of disappointing members, when they go home tonight, they probably will not read today's Hansard.

Why? Because they are busy. They work hard to earn their paycheques and take care of their families and their homes. They are also busy paying the bills. They expect us, their MPs, to do our work like they do theirs. They expect us to take care of business in our ridings and in our country, to manage their money as though it were our own, and to build a better future for Canada. That is what those thousands of workers expect from us.

They expect that from their union too. They expect their union representatives to deal with their working conditions and employer-employee relations and to be there when problems crop up. Like us, union representatives are elected. Like us, they do their best to represent their members, as we do for our constituents.

I would like to take a moment to thank the unions that have helped build the country we have now by improving the lives of all workers.

Bill C-4 repeals two statutes, the purpose of which was quite clear, namely to allow union members to vote for union certification by secret ballot without worrying about the pressure and corporate interests of the big unions.

We have all heard the questionable stories about people being pressured to sign union membership cards by three or four people who are not necessarily well intentioned. Often those people are not even co-workers.

I cannot see how a worker is supposed to refuse to sign when those three or four people threaten to stay at his apartment, home, or the restaurant where he is eating, until they get what they want.

The legislation gave that worker a way out by ensuring that his final decision would be made by secret ballot. In other words, when faced with two or three individuals insisting that they would not leave his home until he signs the card, he could always say yes, knowing that he had a way out.

That person would be able to vote by secret ballot, to make an informed decision, free from pressure from either the unions or those three or four people who wanted to force the person to sign the membership card.

With this bill, those three or four individuals would not have stuck around at the worker's front door long, trying to get a signature. That is the truth. I have to wonder why certain unions still use such methods to represent workers. Are they truly trying to defend the interests of their members or future members? Or are they simply acting in their corporate interest, to grow their own organization and to get the associated union dues?

What is really at stake with this old method is workers' money. Unfortunately, some unions are prepared to do anything to get the workers' money and do not care about what is good for them.

As the saying goes, the union wants what is good for you and wants your goods as well. That is the truth. Why are the Liberals, in one of their very first actions in government, going after Canadian workers and this democratic safeguard? I would truly like to understand.

Setting partisanship aside, how can this Liberal government, which from the beginning of the session has been spouting democratic principles, sabotage at the first opportunity a law that finally gave a voice to workers who work hard and want to avoid problems?

This law gave them a way out, a means to finally have their say, without fear of reprisal, on whether they want to be part of a union or not.

I listened to the comments of the members opposite, and since the beginning of the debate on this bill, I have not heard a clear answer. I heard the arguments of my colleague, who has done a fine job since the start.

He has a lot of experience as an opposition member. He highlighted the benefits of these two bills. I listened to the answers the minister gave him, but, unfortunately, I still do not understand.

I must therefore come to the conclusion that Bill C-4 has only one goal, namely to allow the unions to perpetuate their old ways of doing things. We tried to correct the situation in the interest of workers.

Why is the Liberal government doing this? You can find the answers if you look hard enough. If the other side does not provide the answers, you have to look a little harder and go back in time. You try to think about what happened before that could explain why the Liberal government absolutely wants to let the unions go back to their old ways. I think that I found part of the answer when I considered all that was said in the last federal election.

Last year, well before the election campaign began, the major unions ran a huge campaign against the Conservative Party using millions of dollars given to them by workers to represent them and negotiate their working conditions. The cat is out of the bag.

Here are a few examples of what was said in the union propaganda that was given to all unionized workers in my riding over the past year. Some of the key phrases were “the Conservative government's track record” and “what you need to know to vote for a better quality of life”. Those statements were then explained.

That is electioneering, and it was paid for with public funds. All Canadians paid for those documents through tax credits, and they were handed out to all unionized workers so that they could take a stand.

There was other fine rhetoric included in these pamphlets, such as “contempt for Parliament” and “actively anti-union”. On one page, the unions claimed to understand workers' values better than did the workers themselves. It read, “your values and vision for the future”. The unions were telling workers what to think. That is what they told unionized workers using Canadian taxpayers' money.

Later on, the unions told workers what they needed to know to vote for their safety and the safety of their loved ones. They said that transportation was less safe. They used the Lac-Mégantic tragedy to oppose what we had done. It is absolutely unbelievable.

As I mentioned at the beginning of my speech, some people want to use tragedies to score political points and advance their cause. As we saw recently in the Quebec City region, people are talking about Lac-Mégantic just to promote themselves. We do not want that. I just wanted to mention that as an aside.

Here are some other excerpts: “many reasons to vote against Harper”, “the Conservative track record”, “what you need to know before voting“, and so on.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:20 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Order. I would like to inform the member that, when speaking in the House, he must not refer to another member by name.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:20 p.m.
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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, you are right, and I am sorry.

Let me get back to that question: “Why do we have to dump the Conservatives?” I found some quotes, and here is one of the best ones:

Get involved! Take the time to help make change happen! We are looking for volunteers in various ridings. Our goal is to talk to as many people as possible to tell them to vote for a change in government.

They were even offering training on how to vote. It is democratic, but I am skeptical about the reasons and motivations underlying our unions' big democratic push. That message was sent to all union members.

Here is another good quote I found when I listened to the debates and read some accounts of our debates.

In response to my colleague from Louis-Saint-Laurent, who asked the minister to explain how it could be undemocratic to have a secret-ballot vote for unionization, this is what the minister said:

...it is undemocratic because the process used by the previous government did not include consultation. They did not go out into our community and apparently did not even consult with employers.

If I follow the minister's logic and understand what she said, Bill C-4 must be undemocratic.

When is the minister going to come to my riding, Mégantic—L'Érable, to consult the workers there? It is unbelievable. When is she going to come and consult the businesses in my region? Will she commit, here and now in the House, to visiting every riding in Canada to ask each and every worker their opinion on Bill C-4?

I invite the minister to come to my riding and I invite all of my colleagues across the aisle to do the same. I will arrange quite a visit for them.

Not only will the minister be able to consult each and every worker, explain her position, and hear the workers' opinions, but at the same time, she will also discover a very vibrant region full of motivated entrepreneurs and hard-working people.

However, she will also meet workers who do not agree with her on Bill C-4 and who cannot afford to make the trip here to the nation's capital to make the government hear what they have to say. Most of all, she will meet people who have absolutely no desire to come and listen to what we say here, because they are too busy earning a living and taking care of their families.

Between us, without mentioning anyone by name, since the vote was held by secret ballot, I will share a little secret with the House. I know that it will stay within these walls. When the minister comes to my riding, she will also meet unionized workers who voted for the Conservative Party. Indeed, she will.

A number of unionized workers voted for the Conservative Party and chose to support the party despite the millions of dollars that the big union bosses decided to spend to fight the big bad Conservatives, who asked them to be accountable to the workers.

She will hear that they are not at all pleased with how their boss spent their union dues during the election campaign. These people feel cheated because their money was used to fight their own democratic convictions. They are angry because their money was not used to defend their working conditions, but to promote a partisan political ideology that they do not share.

What 86% of unionized workers want is for their hard-earned money to be used properly and not for campaigning for or against a party.

Unions are the only organizations to receive so much public money without having to be transparent. Why is the Liberal government against that?

For all these reasons, I will be voting against Bill C-4.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:25 p.m.
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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Madam Speaker, I have to say in all transparency that I am absolutely shocked by the comments made by members opposite today in debate on this legislation.

My riding is Saint John—Rothesay and it has a deep and historic labour movement, a very strong labour history. I had the pleasure two weeks ago to visit the Frank & Ella Hatheway labour exhibit and was given a tour by George Vair and Chuck Hickey.

The party opposite's agenda over the last 10 years has been nothing short of degrading and demoralizing union workers and its own union workers in the Public Service Alliance of Canada. I have many friends in that union. Over 10 years they have been demoralized and degraded.

Let us be clear. Bill C-377 and Bill C-525 were designed for one reason and that was to weaken unions.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:30 p.m.
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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, I will ask myself a question since no one else has asked me one.

Do I think that unions are the only organizations that should be publicly accountable? The answer is no. We would not want a charitable organization to invest in the stock market, for example, and then give half of what it makes to its directors as bonuses. We do not want that. Why does that not happen? That does not happen because these organizations are publicly accountable. It would be embarrassing for them to do so. I answered my question.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:30 p.m.
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NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Madam Speaker, I would like to make some comments and ask a question.

I heard comments about things such as perpetuating the old union ways. My question is this. Why are the unions always characterized as being crooked? Why this negative image of unions?

I was the treasurer of my union for 19 years. I had to bring my ledgers to every general meeting and show them to everyone. At the meeting we would talk about our expenses all together. Everything was open and transparent. Why are people saying that all unions are bands of crooks and that everything they do is bad? I do not understand that logic.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:30 p.m.
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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Madam Speaker, I truly do not remember saying in my speech that unions are crooks. I think that perhaps the member misinterpreted what I was saying. I did not say that at all.

I spoke about the unions' old ways of doing things. We received complaints about that, and some workers approached our party to ask if it was possible to put an end to those methods in order to improve democracy in unions. Not all unions were doing things that way. I was the vice-president of my union, and we also had very good methods and ways of doing things.

I therefore do not see any reason for calling these people names, as the NDP just did, just because I said that people want to change the old ways of doing things.

Canada Labour CodeGovernment Orders

February 5th, 2016 / 12:30 p.m.
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Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, I myself was a union member, a CAW worker, a union steward at one time many years ago.

Unifor has its resort on the lake in my riding. It built a million-dollar wind turbine on its property. These are the types of things that need to be uncovered. Locals keep the books and do a great job. The workers who pay their dues are great, hard-working people.

We need to shine the light on the excesses of the national executives. I wonder what my colleague's thoughts are on that.