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.

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

September 26th, 2016 / 4:45 p.m.


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The Deputy Speaker Bruce Stanton

Before we continue with questions and comments, just on the issue of relevance that does come up from time to time during questions and comments, generally speaking, hon. members realize that the questions posed during that 5 or 10-minute period should be relevant to the topic that is before the House. However, in addition, if the hon. member in the course of his or her remarks or speech enters a topic area that might be related or indirectly related to the topic that is before the House, a question or comment on the remarks of the hon. member who just spoke would also be in order. That is something to keep in mind when hon. members are thinking about how to pose their questions during this 5 or 10-minute period for questions and comments.

Questions and comments. The hon. member for Abitibi—Témiscamingue.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:45 p.m.


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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Mr. Speaker, I would like to know if my colleague could explain something to me. We are currently debating an amendment to send the bill back to committee, but when we studied the bill in committee the Conservatives did not present any amendments. Why are they trying to send the bill back to committee if they did not put any amendments forward when we were studying it in committee? There were four meetings.

He just said in his speech that the Conservatives are working hard, but he had four meetings to table amendments and the Conservatives tabled none. Therefore, I have difficulty understanding the process and what exactly they are trying to do. If he could clarify that, it would be really appreciated.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:45 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, I appreciate her question, but I am not on the committee, so I do not want to speak for my colleagues on the committee.

What I can say is that we were quite satisfied, obviously, with Bill C-377 and Bill C-525. There was great support from Canadians. We do not want to see those two pieces of legislation repealed. I do not think there is an amendment to Bill C-4 that we would be in support of because Bill C-4 is repealing two critical pieces of legislation.

I cannot speak for the NDP members, but we heard from our colleagues across the floor that one of the biggest issues with bills C-525 and C-377 was they were private members' bills. I'm really looking forward to seeing those two bills put back into legislation, but maybe through a government bill from the Liberal Party.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:45 p.m.


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Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, it is interesting that the Liberal government continues to talk about the middle class, transparency, and accountability while it talks about big business and the elite in big government and large unions. The Liberals talk to the CEOs and the union leaders, but who are the middle class? The middle class are the folks who get up every day and go to work. They put in their hours, buy the food, come home, and look after their families.

We talk about big government. In fact, it just gave $1.1 million to its elite people in government to move. Therefore, I am wondering what this has to do with creating jobs and preserving democracy in our country, which we seem to be jeopardizing right now.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:45 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, I am glad my colleague asked that question, because in just about every answer from across the floor we hear that they are working hard to strengthen the middle class and those who are working hard to join it. What about the 125,000 who have just left the middle class in Alberta's energy sector? We do not hear a word about that. Repealing Bill C-4 would certainly not get those people back to work.

Our priority in the House right now should be to come up with ideas and a plan and policy that would attract investment back to Canada. We talked about it the other day. Encana is now investing $1 billion in the oil sector in Texas, not here in Canada. The United States, Australia, the United Kingdom, and France all have similar legislation to Bill C-377 and Bill C-525.

Why are we the one western democracy to be eliminating the opportunity for Canadian workers to have a secret ballot, when our priority should really be finding a way to get those 125,000 Canadians back to work?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:50 p.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Thank you, Mr. Speaker, for the opportunity this afternoon to speak to Bill C-4. Today, I will be splitting my time with a colleague, the member for Charlesbourg—Haute-Saint-Charles.

The bill that was introduced by the Liberal government certainly attacks the principles of our democracy, our accountability, and certainly our transparency. Two previous private members' bills, Bill C-377 and Bill C-525—and we have talked all afternoon in the House about them—which passed, are now under major attack.

Bill C-377 dealt with accountability. Bill C-525 deals with the democratic process, and we have talked a lot about the secret ballot.

Let us talk about the transparency of Bill C-377. All public bodies have rulings requiring transparency and accountability: members of Parliament, all 338 of us, all federal and provincial departments, crown corporations, municipalities, and RMs. In many ways, this is how we are judged in life. We are judged personally, and we are certainly judged by it in government. At the end of the day, how well we manage our affairs is what we are remembered for.

Charitable organizations are constantly asking for donations, and they have to be transparent. We want to know where the money is going. It is called a paper trail. Is management taking a lead role in transparency in charitable organizations? Many of us, coast to coast to coast, do a lot of charity work in our communities. I urge members to get to know more about the organization. What does it stand for, and, not only that, where is the money going? That is the essence of Bill C-4.

Under a union shop, employees pay a percentage of union dues. Are the employees aware of what the dues are used for? Where are the dues going? Are unions and their leaders transparent? They should be, especially when there is a major tax credit for deductions.

Many of us who have been union members over the last number of years, like me, for nearly 40 years, made voluntary payments to the union and it spent the money. That is the way it goes. If I went to another charity, for example, I could pick my charity, but in the union, it goes to that union.

Deductions add up to roughly, and we all heard it in House today, $500 million annually. That is a half a billion dollars. Canadians should know where that money is going.

In the past federal election, we had unions actively involved in third-party advertising. We had unions actually paying members to stand behind a party when they were doing announcements. Imagine actually paying members to participate? That was certainly a no-no. Transparency is one of the fundamental principles of democracy.

Now, Bill C-377 and Bill C-525 are under attack. Unions are taking those dues and spending millions of dollars in advertising. Are members aware of how much of their money is going to advertising? Members may not have the same view as that of the union, and yet they have little or no say on where that money is going or on which billboard.

Are members aware of salaries that are being paid to their union leaders? Are they aware of the travel involved and all of the benefits that some of these union leaders charge?

Canadians care about accountability. They want every government to be accountable. I do not have to remind members across the way about developments that have happened in the last week. All 338 members show our expenses to the public. This is what we call transparency. Even those who are not elected, as we found out last week, are now being singled out for the lack of accountability, and they certainly should be. All Canadians, all 38 million people, want to know about that, especially after it was the Prime Minister who signed off on these expenses.

Bill C-525 requires a secret ballot for union certification. If union members wanted to terminate their union certification, that also had to be done by secret ballot. The secret ballot, of course, has always been part of democracy. All members in the House were elected by the secret ballot. Even as we look at electoral reform right now, we all understand it is mandatory to have the secret ballot. That will occur in 2019. I would say that will never change.

How can members of the House of Commons be against a secret ballot? Secret ballot principles exist in provincial legislatures, in my home province of Saskatchewan, along with B.C., Alberta, Ontario, and Nova Scotia. Years ago, some union shop members pressured my members to vote a certain way. We certainly hope that does not happen in the year of 2016.

Members pay union dues, and I think they should have a say in where their money goes and how it is spent. It is called accountability. We expect our union leaders, who are elected by a secret ballot, to be accountable to their membership. As I mentioned, I was part of the union for 39 years. We expected our leadership to come forward each and every month with the financial situation.

I think the biggest losers in all of the talk we have heard today are the ordinary union members who go about their business each day trusting that everything is on the up and up. They are the ones who work hard every day in this country, who do not want to get involved in the union issues because of family, or simply because they are not interested. Yet, they are a union member and are told to pay union dues. They are the ones who are hurt by this bill, because they have a harder time getting access now to certain information. We all need democracy in this system, which includes secret ballots.

We move on to Bill C-525, and it is all about accountability. If the workers are happy with their union, they will support them on a secret ballot. If accountability does not happen, then they have the right to decertify. They should have that opportunity, also through the secret ballot.

Some say that the former government, our Conservative government, was pro-business, and so be it. There is always a balance between business and workers. If treated well by owners, there are no union issues. In my previous career, we had 40 years with the union and not once did we ever lock out, not once did we ever threaten the company. We were always at work. We may have taken a little longer sometimes to get an agreement, but that was the process we wished to have.

If workers are treated well by owners, there is no union issue. Too often, though, in the past, it was the union that pushed the envelope, causing tension between some workers and owners. That is when there are issues that can damage a relationship and cause devastating results. It can essentially cause a business to close. We have seen that in this country. That is when everyone, including the owner and the workers, is the loser. We have seen that with EI going up in the last year.

As I conclude, every day in this country, there are agreements signed between management and unions. Some take longer than others for various reasons. Bill C-4 undermines the secret ballot vote, a cornerstone of our democracy. If the process is good enough to elect us, the MPs, it should be good enough to ratify collective agreement from coast to coast to coast.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 4:55 p.m.


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Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, the member across has tried to dismiss what Bill C-377 was about. He tried to say that we ask the same of charities, so why can we not ask this of organized labour?

The highest degree of revenue by any charity in the country is a hospital in Toronto. They file a form of about 24 pages. One of the smallest filings we are going to see, if we let Bill C-377 go forward for organized labour, will be about 400 pages. The member should try not to mislead the Canadian public, saying that it is looking for the same. Everything over $5,000, every salary over $5,000, will have to be shown.

My hon. colleague said that members of Parliament would have to do this. I would ask the member if he posts the individual salaries of his staff on his website.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5 p.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, I think the point is that if I go through a charity, I have a choice of a charity. Years ago, unions took their fees, paid for their memberships, for shop stewards, for personal development of that union, but they did not pay for third-party advertising. That is what has changed, and in the last year we saw that. There are no restrictions now. I did not pay for my union to put up a billboard promoting another party. I had many in my union shops who voted for me, and yet when they drove to work, there was an advertisement there. I did not pay for that, and neither did my workers pay for the advertisement. That is the difference in the bill.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5 p.m.


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Conservative

Bev Shipley Conservative Lambton—Kent—Middlesex, ON

Mr. Speaker, my colleague raises another significant point. I have a lot of respect for my colleague across the way, but he forgets that the union organization already has all the information that is needed. With an organization that garners a benefit of $500 million from taxpayers in a year, does the member not believe that they should be accountable for that? I am wondering if he could comment.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5 p.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, we have seen six provinces sign off, including my province of Saskatchewan. It is interesting because the provinces that have signed, such as Saskatchewan, Alberta, and B.C., are progressive. We believe that unions are good and that we can work with unions. The average income in our three provinces has gone up substantially, and it is good. People have a good style of living, that is, other than in the last 18 months to 24 months because of the oil and commodity situation. Before then, we were in pretty good shape.

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September 26th, 2016 / 5 p.m.


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Spadina—Fort York Ontario

Liberal

Adam Vaughan LiberalParliamentary Secretary to the Prime Minister (Intergovernmental Affairs)

Mr. Speaker, I listened with great interest to the party across the way, and I used to think that Conservatives were a party for small government. However, it is a party, that while in power, and even now, talked about wanting to run charities and detailed how they are structured and get engaged as a government. It is a party that wants to get involved in unions and decide how they should be run and what rules should be followed. It was the same thing with the aboriginal communities. They wanted to decide how band councils should report to the membership and detailed that. In fact, private members' bills came forward on how to run political parties for the Parliament of this country. The amount of control that the Conservative Party wants in the everyday life of democratic social organizations is extraordinary.

If unions want a free vote or a private vote, is it not their choice? Does the member not believe in these sorts of freedoms being extended to self-organized, self-regulated organizations?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5 p.m.


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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Mr. Speaker, we have talked about the tripartite voting in this House of big government, big employers, and big unions. No one has ever talked about the pawns in this situation, being the everyday worker in this country. You are the government of consultation right now. You have not done a lot of consultation on Bill C-4 at all. None. Zero. We have seen that. At least when our private member's bill was debated in the House of Commons, we took that to the public last October. The two private members' bills passed. We never heard that much on this side of the House, obviously. However, we do have some issues when unions start becoming third party during elections, which we saw last October.

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September 26th, 2016 / 5 p.m.


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The Deputy Speaker Bruce Stanton

I will remind all hon. members to remember to direct their commentary to the Chair.

The hon. parliamentary secretary, on a point of order.

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:05 p.m.


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Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, I was not certain, but the hon. member knew that we won the last election, did he not? Is that a point of order?

CANADA LABOUR CODEGovernment Orders

September 26th, 2016 / 5:05 p.m.


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The Deputy Speaker Bruce Stanton

I do not think so. It is a point of debate. When the hon. parliamentary secretary has a moment, he can perhaps connect with the hon. member in question.

Resuming debate, the hon. member for Charlesbourg—Haute-Saint-Charles.